No. 23
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2006
House Chamber, Lansing, Tuesday, March 7, 2006.
1:00 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Elsenheimer--present Law, Kathleen--present Robertson--present
Acciavatti--present Emmons--present Leland--present Rocca--present
Adamini--present Espinoza--present Lemmons, III--present Sak--present
Amos--present Farhat--present Lemmons, Jr.--present Schuitmaker--present
Anderson--present Farrah--present Lipsey--present Shaffer--present
Angerer--present Gaffney--present Marleau--present Sheen--present
Ball--present Garfield--present Mayes--present Sheltrown--present
Baxter--present Gillard--present McConico--present Smith, Alma--present
Bennett--present Gleason--present McDowell--present Smith, Virgil--present
Bieda--present Gonzales--present Meisner--present Spade--present
Booher--present Gosselin--present Meyer--present Stahl--present
Brandenburg--present Green--present Miller--present Stakoe--present
Brown--present Hansen--present Moolenaar--present Steil--present
Byrnes--present Hildenbrand--present Moore--present Stewart--present
Byrum--present Hood--present Mortimer--present Taub--present
Casperson--present Hoogendyk--present Murphy--excused Tobocman--present
Caswell--present Hopgood--present Newell--present Vagnozzi--present
Caul--present Huizenga--present Nitz--present Van Regenmorter--present
Cheeks--present Hummel--present Nofs--present Vander Veen--present
Clack--present Hune--present Palmer--present Walker--present
Clemente--present Hunter--present Palsrok--present Ward--present
Condino--present Jones--present Pastor--present Waters--present
Cushingberry--present Kahn--present Pavlov--present Wenke--present
DeRoche--present Kolb--present Pearce--present Whitmer--present
Dillon--present Kooiman--present Plakas--present Williams--present
Donigan--present LaJoy--present Polidori--present Wojno--present
Drolet--present Law, David--present Proos--present Zelenko--present
e/d/s = entered during session
Rep. Rich Brown, from the 110th District, offered the following invocation:
"Dear Heavenly Father, thank You for this beautiful day. Thank You for giving us the opportunity to serve the citizens of this great state. Give us the wisdom and the compassion to serve them to the best of our ability. We ask in Your name. Amen."
______
Rep. Sak moved that Rep. Murphy be excused from today's session.
The motion prevailed.
Third Reading of Bills
House Bill No. 5508, entitled
A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending the title and sections 2, 3, 5, 9b, 9d, 9g, 9h, 9i, 9j, 10b, 10c, and 10d (MCL 290.642, 290.643, 290.645, 290.649b, 290.649d, 290.649g, 290.649h, 290.649i, 290.649j, 290.650b, 290.650c, and 290.650d), the title and section 2 as amended and sections 9b, 9d, 9g, 9h, 9j, and 10c as added by 1993 PA 236, sections 3, 5, and 10b as amended by 2002 PA 13, section 9i as amended by 2004 PA 278, and section 10d as added by 1993 PA 231, and by adding sections 9k and 9l; and to repeal acts and parts of acts.
(The bill was read a third time and postponed temporarily on January 24, see House Journal No. 5, p. 44.)
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 131 Yeas--105
Accavitti Emmons Leland Rocca
Acciavatti Espinoza Lemmons, III Sak
Adamini Farhat Lemmons, Jr. Schuitmaker
Amos Farrah Lipsey Shaffer
Anderson Gaffney Marleau Sheen
Angerer Garfield Mayes Sheltrown
Ball Gleason McConico Smith, Alma
Baxter Gonzales McDowell Smith, Virgil
Bennett Gosselin Meisner Spade
Bieda Green Meyer Stahl
Booher Hansen Miller Stakoe
Brandenburg Hildenbrand Moolenaar Steil
Brown Hood Moore Stewart
Byrnes Hoogendyk Mortimer Taub
Casperson Hopgood Newell Tobocman
Caswell Huizenga Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Whitmer
Dillon LaJoy Polidori Williams
Donigan Law, David Proos Wojno
Drolet Law, Kathleen Robertson Zelenko
Elsenheimer
Nays--2
Byrum Gillard
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 132 Yeas--107
Accavitti Elsenheimer Law, Kathleen Rocca
Acciavatti Emmons Leland Sak
Adamini Espinoza Lemmons, III Schuitmaker
Amos Farhat Lemmons, Jr. Shaffer
Anderson Farrah Lipsey Sheen
Angerer Gaffney Marleau Sheltrown
Ball Garfield Mayes Smith, Alma
Baxter Gillard McConico Smith, Virgil
Bennett Gleason McDowell Spade
Bieda Gonzales Meisner Stahl
Booher Gosselin Meyer Stakoe
Brandenburg Green Miller Steil
Brown Hansen Moolenaar Stewart
Byrnes Hildenbrand Moore Taub
Byrum Hood Mortimer Tobocman
Casperson Hoogendyk Newell Vagnozzi
Caswell Hopgood Nitz Van Regenmorter
Caul Huizenga Nofs Vander Veen
Cheeks Hummel Palmer Walker
Clack Hune Palsrok Ward
Clemente Hunter Pastor Waters
Condino Jones Pavlov Wenke
Cushingberry Kahn Pearce Whitmer
DeRoche Kolb Plakas Williams
Dillon Kooiman Polidori Wojno
Donigan LaJoy Proos Zelenko
Drolet Law, David Robertson
Nays--0
In The Chair: Kooiman
Senate Bill No. 120, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 27b to chapter VIII.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 133 Yeas--106
Accavitti Emmons Leland Rocca
Acciavatti Espinoza Lemmons, III Sak
Adamini Farhat Lemmons, Jr. Schuitmaker
Amos Farrah Lipsey Shaffer
Anderson Gaffney Marleau Sheen
Angerer Garfield Mayes Sheltrown
Ball Gillard McConico Smith, Alma
Baxter Gleason McDowell Smith, Virgil
Bennett Gonzales Meisner Spade
Bieda Gosselin Meyer Stahl
Booher Green Miller Stakoe
Brandenburg Hansen Moolenaar Steil
Brown Hildenbrand Moore Stewart
Byrnes Hood Mortimer Taub
Byrum Hoogendyk Newell Tobocman
Casperson Hopgood Nitz Vagnozzi
Caswell Huizenga Nofs Van Regenmorter
Caul Hummel Palmer Vander Veen
Cheeks Hune Palsrok Walker
Clack Hunter Pastor Ward
Clemente Jones Pavlov Waters
Condino Kahn Pearce Wenke
Cushingberry Kolb Plakas Whitmer
Dillon Kooiman Polidori Williams
Donigan LaJoy Proos Wojno
Drolet Law, David Robertson Zelenko
Elsenheimer Law, Kathleen
Nays--0
In The Chair: Kooiman
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,"
The House agreed to the full title.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 134 Yeas--106
Accavitti Emmons Leland Rocca
Acciavatti Espinoza Lemmons, III Sak
Adamini Farhat Lemmons, Jr. Schuitmaker
Amos Farrah Lipsey Shaffer
Anderson Gaffney Marleau Sheen
Angerer Garfield Mayes Sheltrown
Ball Gillard McConico Smith, Alma
Baxter Gleason McDowell Smith, Virgil
Bennett Gonzales Meisner Spade
Bieda Gosselin Meyer Stahl
Booher Green Miller Stakoe
Brandenburg Hansen Moolenaar Steil
Brown Hildenbrand Moore Stewart
Byrnes Hood Mortimer Taub
Byrum Hoogendyk Newell Tobocman
Casperson Hopgood Nitz Vagnozzi
Caswell Huizenga Nofs Van Regenmorter
Caul Hummel Palmer Vander Veen
Cheeks Hune Palsrok Walker
Clack Hunter Pastor Ward
Clemente Jones Pavlov Waters
Condino Kahn Pearce Wenke
Cushingberry Kolb Plakas Whitmer
Dillon Kooiman Polidori Williams
Donigan LaJoy Proos Wojno
Drolet Law, David Robertson Zelenko
Elsenheimer Law, Kathleen
Nays--0
In The Chair: Kooiman
______
Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 728, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 9201, 9204, 9207, and 9227 (MCL 333.9201, 333.9204, 333.9207, and 333.9227), sections 9201 and 9227 as amended and section 9207 as added by 1996 PA 540.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 135 Yeas--101
Accavitti Emmons Lemmons, III Sak
Acciavatti Espinoza Lemmons, Jr. Schuitmaker
Adamini Farhat Lipsey Shaffer
Amos Farrah Marleau Sheen
Anderson Gaffney Mayes Sheltrown
Angerer Gillard McConico Smith, Alma
Ball Gleason McDowell Smith, Virgil
Baxter Gonzales Meisner Spade
Bennett Green Meyer Stahl
Bieda Hansen Miller Stakoe
Booher Hildenbrand Moolenaar Steil
Brandenburg Hood Moore Stewart
Brown Hopgood Mortimer Taub
Byrnes Huizenga Newell Tobocman
Byrum Hummel Nitz Vagnozzi
Casperson Hune Nofs Van Regenmorter
Caswell Hunter Palsrok Vander Veen
Caul Jones Pastor Walker
Cheeks Kahn Pavlov Ward
Clack Kolb Pearce Waters
Clemente Kooiman Plakas Wenke
Condino LaJoy Polidori Whitmer
Cushingberry Law, David Proos Williams
Dillon Law, Kathleen Robertson Wojno
Donigan Leland Rocca Zelenko
Elsenheimer
Nays--5
Drolet Gosselin Hoogendyk Palmer
Garfield
In The Chair: Kooiman
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,"
The House agreed to the full title.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 136 Yeas--99
Accavitti Elsenheimer Leland Sak
Acciavatti Emmons Lemmons, III Schuitmaker
Adamini Espinoza Lipsey Shaffer
Amos Farhat Marleau Sheen
Anderson Farrah Mayes Sheltrown
Angerer Gaffney McConico Smith, Alma
Ball Gillard McDowell Smith, Virgil
Baxter Gleason Meisner Spade
Bennett Gonzales Meyer Stahl
Bieda Green Miller Stakoe
Booher Hansen Moolenaar Steil
Brandenburg Hildenbrand Moore Stewart
Brown Hood Mortimer Taub
Byrnes Hopgood Newell Tobocman
Byrum Huizenga Nitz Vagnozzi
Casperson Hummel Nofs Van Regenmorter
Caswell Hune Palsrok Walker
Caul Hunter Pastor Ward
Cheeks Jones Pavlov Waters
Clack Kahn Pearce Wenke
Clemente Kolb Plakas Whitmer
Condino Kooiman Polidori Williams
Cushingberry LaJoy Proos Wojno
Dillon Law, David Robertson Zelenko
Donigan Law, Kathleen Rocca
Nays--5
Drolet Gosselin Hoogendyk Palmer
Garfield
In The Chair: Kooiman
House Bill No. 5082, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 686 (MCL 168.686), as amended by 2003 PA 284.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 137 Yeas--59
Acciavatti Gaffney Lemmons, III Robertson
Amos Garfield Marleau Rocca
Ball Gosselin Meyer Schuitmaker
Baxter Green Moolenaar Shaffer
Booher Hansen Moore Sheen
Brandenburg Hildenbrand Mortimer Stahl
Casperson Hoogendyk Newell Stakoe
Caswell Huizenga Nitz Steil
Caul Hummel Nofs Stewart
Clemente Hune Palmer Van Regenmorter
Dillon Jones Palsrok Vander Veen
Drolet Kahn Pastor Walker
Elsenheimer Kooiman Pavlov Ward
Emmons LaJoy Pearce Wenke
Farhat Law, David Proos
Nays--46
Accavitti Cushingberry Leland Sheltrown
Adamini Donigan Lemmons, Jr. Smith, Alma
Anderson Espinoza Lipsey Smith, Virgil
Angerer Farrah Mayes Spade
Bennett Gillard McConico Tobocman
Bieda Gleason McDowell Vagnozzi
Brown Gonzales Meisner Waters
Byrnes Hood Miller Whitmer
Byrum Hopgood Plakas Williams
Cheeks Hunter Polidori Wojno
Clack Kolb Sak Zelenko
Condino Law, Kathleen
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 138 Yeas--57
Acciavatti Gosselin Meyer Rocca
Amos Green Moolenaar Schuitmaker
Ball Hansen Moore Shaffer
Baxter Hildenbrand Mortimer Sheen
Booher Hoogendyk Newell Stahl
Brandenburg Huizenga Nitz Stakoe
Casperson Hummel Nofs Steil
Caswell Hune Palmer Stewart
Caul Jones Palsrok Taub
Drolet Kahn Pastor Van Regenmorter
Elsenheimer Kooiman Pavlov Vander Veen
Emmons LaJoy Pearce Walker
Farhat Law, David Proos Ward
Gaffney Marleau Robertson Wenke
Garfield
Nays--49
Accavitti Cushingberry Law, Kathleen Sak
Adamini Dillon Leland Sheltrown
Anderson Donigan Lemmons, III Smith, Alma
Angerer Espinoza Lemmons, Jr. Smith, Virgil
Bennett Farrah Lipsey Spade
Bieda Gillard Mayes Tobocman
Brown Gleason McConico Vagnozzi
Byrnes Gonzales McDowell Waters
Byrum Hood Meisner Whitmer
Cheeks Hopgood Miller Williams
Clack Hunter Plakas Wojno
Clemente Kolb Polidori Zelenko
Condino
In The Chair: Kooiman
House Bill No. 5704, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 312 and 646a (MCL 168.312 and 168.646a), section 312 as amended by 2005 PA 71 and section 646a as amended by 2004 PA 295.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Vagnozzi moved to amend the bill.
The motion was not seconded.
Rep. Sak moved to reconsider the vote by which the House did not second the motion made by Rep. Vagnozzi.
The question being on the motion made by Rep. Sak,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Sak,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 139 Yeas--49
Accavitti Cushingberry Law, Kathleen Sak
Adamini Dillon Leland Sheltrown
Anderson Donigan Lemmons, III Smith, Alma
Angerer Espinoza Lemmons, Jr. Smith, Virgil
Bennett Farrah Lipsey Spade
Bieda Gillard Mayes Tobocman
Brown Gleason McConico Vagnozzi
Byrnes Gonzales McDowell Waters
Byrum Hood Meisner Whitmer
Cheeks Hopgood Miller Williams
Clack Hunter Plakas Wojno
Clemente Kolb Polidori Zelenko
Condino
Nays--58
Acciavatti Garfield Meyer Rocca
Amos Gosselin Moolenaar Schuitmaker
Ball Green Moore Shaffer
Baxter Hansen Mortimer Sheen
Booher Hildenbrand Newell Stahl
Brandenburg Hoogendyk Nitz Stakoe
Casperson Huizenga Nofs Steil
Caswell Hummel Palmer Stewart
Caul Hune Palsrok Taub
DeRoche Jones Pastor Van Regenmorter
Drolet Kahn Pavlov Vander Veen
Elsenheimer Kooiman Pearce Walker
Emmons LaJoy Proos Ward
Farhat Law, David Robertson Wenke
Gaffney Marleau
In The Chair: Kooiman
The question being on the passage of the bill,
Rep. Byrnes moved to amend the bill.
The motion was not seconded.
Rep. Sak moved to reconsider the vote by which the House did not second the motion made by Rep. Byrnes.
The question being on the motion made by Rep. Sak,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Sak,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 140 Yeas--48
Accavitti Condino Kolb Polidori
Adamini Cushingberry Law, Kathleen Sak
Anderson Dillon Leland Sheltrown
Angerer Donigan Lemmons, III Smith, Alma
Bennett Espinoza Lemmons, Jr. Spade
Bieda Farrah Lipsey Tobocman
Brown Gillard Mayes Vagnozzi
Byrnes Gleason McConico Waters
Byrum Gonzales McDowell Whitmer
Cheeks Hood Meisner Williams
Clack Hopgood Miller Wojno
Clemente Hunter Plakas Zelenko
Nays--58
Acciavatti Garfield Meyer Rocca
Amos Gosselin Moolenaar Schuitmaker
Ball Green Moore Shaffer
Baxter Hansen Mortimer Sheen
Booher Hildenbrand Newell Stahl
Brandenburg Hoogendyk Nitz Stakoe
Casperson Huizenga Nofs Steil
Caswell Hummel Palmer Stewart
Caul Hune Palsrok Taub
DeRoche Jones Pastor Van Regenmorter
Drolet Kahn Pavlov Vander Veen
Elsenheimer Kooiman Pearce Walker
Emmons LaJoy Proos Ward
Farhat Law, David Robertson Wenke
Gaffney Marleau
In The Chair: Kooiman
The question being on the passage of the bill,
Rep. Meisner moved to amend the bill.
The motion was not seconded.
Rep. Sak moved to reconsider the vote by which the House did not second the motion made by Rep. Meisner.
The question being on the motion made by Rep. Sak,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Sak,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 141 Yeas--48
Accavitti Condino Kolb Polidori
Adamini Cushingberry Law, Kathleen Sak
Anderson Dillon Leland Sheltrown
Angerer Donigan Lemmons, III Smith, Alma
Bennett Espinoza Lemmons, Jr. Spade
Bieda Farrah Lipsey Tobocman
Brown Gillard Mayes Vagnozzi
Byrnes Gleason McConico Waters
Byrum Gonzales McDowell Whitmer
Cheeks Hood Meisner Williams
Clack Hopgood Miller Wojno
Clemente Hunter Plakas Zelenko
Nays--58
Acciavatti Garfield Meyer Rocca
Amos Gosselin Moolenaar Schuitmaker
Ball Green Moore Shaffer
Baxter Hansen Mortimer Sheen
Booher Hildenbrand Newell Stahl
Brandenburg Hoogendyk Nitz Stakoe
Casperson Huizenga Nofs Steil
Caswell Hummel Palmer Stewart
Caul Hune Palsrok Taub
DeRoche Jones Pastor Van Regenmorter
Drolet Kahn Pavlov Vander Veen
Elsenheimer Kooiman Pearce Walker
Emmons LaJoy Proos Ward
Farhat Law, David Robertson Wenke
Gaffney Marleau
In The Chair: Kooiman
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 142 Yeas--66
Acciavatti Espinoza Marleau Rocca
Amos Farhat Meyer Schuitmaker
Angerer Gaffney Moolenaar Shaffer
Ball Garfield Moore Sheen
Baxter Gosselin Mortimer Sheltrown
Booher Green Newell Spade
Brandenburg Hansen Nitz Stahl
Byrnes Hildenbrand Nofs Stakoe
Casperson Hoogendyk Palmer Steil
Caswell Huizenga Palsrok Stewart
Caul Hummel Pastor Taub
Clemente Hune Pavlov Van Regenmorter
DeRoche Jones Pearce Vander Veen
Dillon Kahn Polidori Walker
Drolet Kooiman Proos Ward
Elsenheimer LaJoy Robertson Wenke
Emmons Law, David
Nays--40
Accavitti Cushingberry Law, Kathleen Plakas
Adamini Donigan Leland Sak
Anderson Farrah Lemmons, III Smith, Alma
Bennett Gillard Lemmons, Jr. Tobocman
Bieda Gleason Lipsey Vagnozzi
Brown Gonzales Mayes Waters
Byrum Hood McConico Whitmer
Cheeks Hopgood McDowell Williams
Clack Hunter Meisner Wojno
Condino Kolb Miller Zelenko
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 143 Yeas--66
Acciavatti Espinoza Marleau Rocca
Amos Farhat Meyer Schuitmaker
Angerer Gaffney Moolenaar Shaffer
Ball Garfield Moore Sheen
Baxter Gosselin Mortimer Sheltrown
Booher Green Newell Spade
Brandenburg Hansen Nitz Stahl
Byrnes Hildenbrand Nofs Stakoe
Casperson Hoogendyk Palmer Steil
Caswell Huizenga Palsrok Stewart
Caul Hummel Pastor Taub
Clemente Hune Pavlov Van Regenmorter
DeRoche Jones Pearce Vander Veen
Dillon Kahn Polidori Walker
Drolet Kooiman Proos Ward
Elsenheimer LaJoy Robertson Wenke
Emmons Law, David
Nays--41
Accavitti Donigan Leland Sak
Adamini Farrah Lemmons, III Smith, Alma
Anderson Gillard Lemmons, Jr. Smith, Virgil
Bennett Gleason Lipsey Tobocman
Bieda Gonzales Mayes Vagnozzi
Brown Hood McConico Waters
Byrum Hopgood McDowell Whitmer
Cheeks Hunter Meisner Williams
Clack Kolb Miller Wojno
Condino Law, Kathleen Plakas Zelenko
Cushingberry
In The Chair: Kooiman
Senate Bill No. 462, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 737a (MCL 168.737a), as added by 1996 PA 461.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 144 Yeas--106
Accavitti Emmons Leland Rocca
Acciavatti Espinoza Lemmons, III Sak
Adamini Farhat Lemmons, Jr. Schuitmaker
Amos Farrah Lipsey Shaffer
Anderson Gaffney Marleau Sheen
Angerer Garfield Mayes Sheltrown
Ball Gillard McConico Smith, Alma
Baxter Gleason McDowell Smith, Virgil
Bennett Gonzales Meisner Spade
Bieda Gosselin Meyer Stahl
Booher Green Miller Stakoe
Brandenburg Hansen Moolenaar Steil
Brown Hildenbrand Moore Stewart
Byrnes Hood Mortimer Taub
Byrum Hoogendyk Newell Tobocman
Casperson Hopgood Nitz Vagnozzi
Caswell Huizenga Nofs Van Regenmorter
Caul Hummel Palmer Vander Veen
Cheeks Hune Palsrok Walker
Clack Hunter Pastor Ward
Clemente Jones Pavlov Waters
Condino Kahn Pearce Wenke
Cushingberry Kolb Plakas Whitmer
DeRoche Kooiman Polidori Williams
Donigan LaJoy Proos Wojno
Drolet Law, David Robertson Zelenko
Elsenheimer Law, Kathleen
Nays--1
Dillon
In The Chair: Kooiman
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,"
The House agreed to the full title.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 145 Yeas--48
Accavitti Dillon Leland Sheltrown
Adamini Donigan Lemmons, III Smith, Alma
Anderson Espinoza Lemmons, Jr. Smith, Virgil
Bieda Farrah Lipsey Spade
Brown Gillard Mayes Tobocman
Byrnes Gleason McConico Vagnozzi
Byrum Gonzales McDowell Waters
Cheeks Hood Meisner Wenke
Clack Hopgood Miller Whitmer
Clemente Hunter Plakas Williams
Condino Kolb Polidori Wojno
Cushingberry Law, Kathleen Sak Zelenko
Nays--58
Acciavatti Gaffney Marleau Robertson
Amos Garfield Meyer Rocca
Angerer Gosselin Moolenaar Schuitmaker
Ball Green Moore Shaffer
Baxter Hansen Mortimer Sheen
Booher Hildenbrand Newell Stahl
Brandenburg Hoogendyk Nitz Stakoe
Casperson Huizenga Nofs Steil
Caswell Hummel Palmer Stewart
Caul Hune Palsrok Taub
DeRoche Jones Pastor Van Regenmorter
Drolet Kahn Pavlov Vander Veen
Elsenheimer Kooiman Pearce Walker
Emmons LaJoy Proos Ward
Farhat Law, David
In The Chair: Kooiman
Senate Bill No. 263, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 27b to chapter VIII.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 146 Yeas--107
Accavitti Elsenheimer Law, Kathleen Rocca
Acciavatti Emmons Leland Sak
Adamini Espinoza Lemmons, III Schuitmaker
Amos Farhat Lemmons, Jr. Shaffer
Anderson Farrah Lipsey Sheen
Angerer Gaffney Marleau Sheltrown
Ball Garfield Mayes Smith, Alma
Baxter Gillard McConico Smith, Virgil
Bennett Gleason McDowell Spade
Bieda Gonzales Meisner Stahl
Booher Gosselin Meyer Stakoe
Brandenburg Green Miller Steil
Brown Hansen Moolenaar Stewart
Byrnes Hildenbrand Moore Taub
Byrum Hood Mortimer Tobocman
Casperson Hoogendyk Newell Vagnozzi
Caswell Hopgood Nitz Van Regenmorter
Caul Huizenga Nofs Vander Veen
Cheeks Hummel Palmer Walker
Clack Hune Palsrok Ward
Clemente Hunter Pastor Waters
Condino Jones Pavlov Wenke
Cushingberry Kahn Pearce Whitmer
DeRoche Kolb Plakas Williams
Dillon Kooiman Polidori Wojno
Donigan LaJoy Proos Zelenko
Drolet Law, David Robertson
Nays--0
In The Chair: Kooiman
The question being on agreeing to the title of the bill,
Rep. Ward moved to amend the title to read as follows:
A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 760.1 to 777.69) by adding section 27c to chapter VIII.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 147 Yeas--107
Accavitti Elsenheimer Law, Kathleen Rocca
Acciavatti Emmons Leland Sak
Adamini Espinoza Lemmons, III Schuitmaker
Amos Farhat Lemmons, Jr. Shaffer
Anderson Farrah Lipsey Sheen
Angerer Gaffney Marleau Sheltrown
Ball Garfield Mayes Smith, Alma
Baxter Gillard McConico Smith, Virgil
Bennett Gleason McDowell Spade
Bieda Gonzales Meisner Stahl
Booher Gosselin Meyer Stakoe
Brandenburg Green Miller Steil
Brown Hansen Moolenaar Stewart
Byrnes Hildenbrand Moore Taub
Byrum Hood Mortimer Tobocman
Casperson Hoogendyk Newell Vagnozzi
Caswell Hopgood Nitz Van Regenmorter
Caul Huizenga Nofs Vander Veen
Cheeks Hummel Palmer Walker
Clack Hune Palsrok Ward
Clemente Hunter Pastor Waters
Condino Jones Pavlov Wenke
Cushingberry Kahn Pearce Whitmer
DeRoche Kolb Plakas Williams
Dillon Kooiman Polidori Wojno
Donigan LaJoy Proos Zelenko
Drolet Law, David Robertson
Nays--0
In The Chair: Kooiman
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4642, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 12 (MCL 28.432), as amended by 2004 PA 99.
(The bill was received from the Senate on February 28, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 1, see House Journal No. 20, p. 307.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 148 Yeas--99
Accavitti Emmons Leland Rocca
Acciavatti Espinoza Lemmons, III Sak
Adamini Farhat Lemmons, Jr. Schuitmaker
Amos Farrah Lipsey Shaffer
Anderson Gaffney Marleau Sheen
Angerer Garfield Mayes Sheltrown
Ball Gillard McDowell Smith, Alma
Baxter Gleason Meisner Smith, Virgil
Bennett Gonzales Meyer Spade
Bieda Gosselin Miller Stahl
Booher Green Moolenaar Stakoe
Brandenburg Hansen Moore Steil
Brown Hildenbrand Mortimer Stewart
Byrnes Hoogendyk Newell Taub
Byrum Hopgood Nitz Van Regenmorter
Casperson Huizenga Nofs Vander Veen
Caswell Hummel Palmer Walker
Caul Hune Palsrok Ward
Clack Hunter Pastor Waters
Clemente Jones Pavlov Wenke
Cushingberry Kahn Pearce Whitmer
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
Elsenheimer Law, Kathleen Robertson
Nays--8
Cheeks Donigan Kolb Tobocman
Condino Hood McConico Vagnozzi
In The Chair: Kooiman
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 4502, entitled
A bill to amend 1964 PA 283, entitled "Weights and measures act," by amending section 31a (MCL 290.631a), as added by 2002 PA 208.
The bill was read a second time.
Rep. Amos moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Donigan moved to amend the bill as follows:
1. Amend page 6, following line 13, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law.".
The question being on the adoption of the amendment offered by Rep. Donigan,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 4455, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2227.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ward moved to amend the bill as follows:
1. Amend page 4, following line 5, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5603, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5141.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Ward moved to amend the bill as follows:
1. Amend page 3, following line 3, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Virgil Smith moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 208, entitled
A bill to allow reimbursement to municipalities for certain costs for inmates housed in municipal jails or county jails; and to provide certain powers and duties of municipal officials and county officials.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 12, p. 189),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 1, line 7, after "of" by striking out "1,000,000" and inserting "500,000".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Miller moved to amend the bill as follows:
1. Amend page 6, following line 14, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law.".
The question being on the adoption of the amendment offered by Rep. Miller,
Rep. Miller demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Miller,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 4807, entitled
A bill to amend 1956 PA 62, entitled "An act to authorize the director of the department of state police to promulgate a uniform traffic code; to authorize a city, township, or village to adopt the uniform traffic code by reference without publication in full; and to prescribe criminal penalties and civil sanctions for violation of the code," by amending section 1 (MCL 257.951), as amended by 1998 PA 69.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Stakoe moved to amend the bill as follows:
1. Amend page 3, line 18, by striking out all of enacting section 1.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gillard moved to amend the bill as follows:
1. Amend page 3, following line 20, by inserting:
"Enacting section 2. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law.".
The question being on the adoption of the amendment offered by Rep. Gillard,
Rep. Gillard demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Gillard,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 5580, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 24c and 24d (MCL 168.24c and 168.24d).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on House Oversight, Elections, and Ethics,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Meisner moved to amend the bill as follows:
1. Amend page 2, line 25, by striking out all of subdivision (D).
2. Amend page 4, line 5, by striking out all of subdivision (D).
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Alma Smith moved to amend the bill as follows:
1. Amend page 4, following line 9, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law.".
The question being on the adoption of the amendment offered by Rep. Alma Smith,
Rep. Alma Smith demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Alma Smith,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 5648, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 478 (MCL 168.478).
The bill was read a second time.
Rep. Ward moved to amend the bill as follows:
1. Amend page 1, line 4, after "by" by inserting "THE FOURTH DISTRICT OF THE STATE COURT OF APPEALS OR".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Vagnozzi moved to amend the bill as follows:
1. Amend page 2, following line 17, by inserting:
"(g) House Bill No. 4811.".
The question being on the adoption of the amendment offered by Rep. Vagnozzi,
Rep. Vagnozzi demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Vagnozzi,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 5649, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 479 (MCL 168.479).
The bill was read a second time.
Rep. Ward moved to amend the bill as follows:
1. Amend page 1, line 2, after "THE" by inserting "FOURTH DISTRICT OF THE STATE COURT OF APPEALS, THE".
2. Amend page 1, line 3, after "CANVASSERS" by inserting a comma.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Meisner moved to amend the bill as follows:
1. Amend page 2, following line 10, by inserting:
"(g) House Bill No. 4811.".
The question being on the adoption of the amendment offered by Rep. Meisner,
Rep. Meisner demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Meisner,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Pastor moved that Rep. Wenke be excused from the balance of today's session.
The motion prevailed.
House Bill No. 5650, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 477 (MCL 168.477), as amended by 1999 PA 219.
The bill was read a second time.
Rep. Ward moved to amend the bill as follows:
1. Amend page 1, line 1, after "The" by striking out the balance of the line through "ELECTIONS" on line 2 and inserting "FOURTH DISTRICT OF THE STATE COURT OF APPEALS".
2. Amend page 1, line 5, by striking out "STATE DIRECTOR OF ELECTIONS" and inserting "FOURTH DISTRICT OF THE STATE COURT OF APPEALS".
3. Amend page 1, line 6, after "UNLESS" by striking out "HE OR SHE" and inserting "IT".
4. Amend page 2, line 1, after the first "THE" by striking out "STATE DIRECTOR OF ELECTIONS" and inserting "FOURTH DISTRICT OF THE STATE COURT OF APPEALS".
5. Amend page 2, line 3, by striking out "STATE DIRECTOR OF ELECTIONS" and inserting "FOURTH DISTRICT OF THE STATE COURT OF APPEALS".
6. Amend page 2, line 16, by striking out "STATE DIRECTOR OF ELECTIONS" and inserting "FOURTH DISTRICT OF THE STATE COURT OF APPEALS".
7. Amend page 2, line 16, after "makes" by striking out the balance of the line through "HER" on line 17 and inserting "its".
8. Amend page 2, line 18, after "The" by striking out the balance of the line through "ELECTIONS" on line 19 and inserting "FOURTH DISTRICT OF THE STATE COURT OF APPEALS".
9. Amend page 2, following line 22, by inserting:
"(3) THE FOURTH DISTRICT OF THE STATE COURT OF APPEALS SHALL NOTIFY THE SECRETARY OF STATE BEFORE SEPTEMBER 1, 2006 IF THE FOURTH DISTRICT OF THE STATE COURT OF APPEALS DECLINES TO MAKE THE OFFICIAL DECLARATION OF THE SUFFICIENCY OR INSUFFICIENCY OF PETITIONS UNDER THIS SECTION.
(4) IF THE SECRETARY OF STATE RECEIVES NOTICE FROM THE FOURTH DISTRICT OF THE STATE COURT OF APPEALS UNDER SUBSECTION (3), THE STATE DIRECTOR OF ELECTIONS SHALL MAKE THE OFFICIAL DECLARATION OF THE SUFFICIENCY OR INSUFFICIENCY OF THE PETITIONS.
(5) AT LEAST 30 DAYS BEFORE THE ELECTION AT WHICH A BALLOT PROPOSAL IS TO BE SUBMITTED, A FISCAL IMPACT ANALYSIS OF THE BALLOT PROPOSAL SHALL BE PREPARED BY THE STATE BUDGET DIRECTOR OR THE STATE TREASURER, THE DIRECTOR OF THE SENATE FISCAL AGENCY, AND THE DIRECTOR OF THE HOUSE FISCAL AGENCY, OR THEIR RESPECTIVE DESIGNEES. A SUMMARY OF THE FISCAL IMPACT ANALYSIS, INCLUDING THE COST OF THE BALLOT PROPOSAL TO THIS STATE, SHALL APPEAR ON THE BALLOT WITH THE BALLOT PROPOSAL LANGUAGE.".
The question being on the adoption of the amendments offered by Rep. Ward,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Ward,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 149 Yeas--57
Acciavatti Garfield Marleau Robertson
Amos Gosselin Meyer Rocca
Ball Green Moolenaar Schuitmaker
Baxter Hansen Moore Shaffer
Booher Hildenbrand Mortimer Sheen
Brandenburg Hoogendyk Newell Stahl
Casperson Huizenga Nitz Stakoe
Caswell Hummel Nofs Steil
Caul Hune Palmer Stewart
DeRoche Jones Palsrok Taub
Drolet Kahn Pastor Van Regenmorter
Elsenheimer Kooiman Pavlov Vander Veen
Emmons LaJoy Pearce Walker
Farhat Law, David Proos Ward
Gaffney
Nays--49
Accavitti Cushingberry Law, Kathleen Sak
Adamini Dillon Leland Sheltrown
Anderson Donigan Lemmons, III Smith, Alma
Angerer Espinoza Lemmons, Jr. Smith, Virgil
Bennett Farrah Lipsey Spade
Bieda Gillard Mayes Tobocman
Brown Gleason McConico Vagnozzi
Byrnes Gonzales McDowell Waters
Byrum Hood Meisner Whitmer
Cheeks Hopgood Miller Williams
Clack Hunter Plakas Wojno
Clemente Kolb Polidori Zelenko
Condino
In The Chair: Kooiman
Rep. Condino moved to amend the bill as follows:
1. Amend page 3, following line 10, by inserting:
"(g). House Bill No. 4811.".
The question being on the adoption of the amendment offered by Rep. Condino,
Rep. Condino demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Condino,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Senate Bill No. 372, entitled
A bill to allow for the review, oversight, and providing of recommendations regarding the operation of certain water and sewer systems within this state; to create the water accountability advisory board; and to provide for the powers and duties of certain governmental officials and entities.
The bill was read a second time.
Rep. Tobocman moved to amend the bill as follows:
1. Amend page 2, line 1, after "or" by striking out "sewer" and inserting "sewage delivery".
2. Amend page 2, line 8, after the first "or" by striking out "sewer" and inserting "sewage delivery".
3. Amend page 2, line 10, after "or" by striking out "sewerage" and inserting "sewage delivery".
4. Amend page 2, line 10, after "than" by striking out the balance of the subdivision and inserting "50,000 customers.".
5. Amend page 2, line 12, after the second "or" by striking out "sewer" and inserting "sewage delivery".
6. Amend page 7, line 10, after "water" by striking out "and sewer" and inserting "or sewage delivery".
7. Amend page 9, line 10, after "water" by striking out "and sewer" and inserting "or sewage delivery".
8. Amend page 9, line 20, after "water" by striking out "and sewer" and inserting "or sewage delivery".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Virgil Smith moved to amend the bill as follows:
1. Amend page 4, line 23, after second "the" by striking out the balance of the subsection and inserting "state.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Virgil Smith moved to amend the bill as follows:
1. Amend page 2, line 13, after "system" by striking out "shall" and inserting "may".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Virgil Smith moved to amend the bill as follows:
1. Amend page 2, line 25, after "county" by striking out the balance of the sentence and inserting a period.
2. Amend page 3, line 11, by striking out all of subsection (5).
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. McDowell, Espinoza, Alma Smith, Bieda, Tobocman, Hunter, Dillon, Gillard, Adamini, Brown, Ball, Mayes, Stewart, Polidori, Sheltrown, Cheeks, Accavitti, Anderson, Byrnes, Byrum, Clack, Condino, Elsenheimer, Farrah, Garfield, Gleason, Gonzales, Hopgood, Jones, Kolb, Leland, Lemmons, III, Lemmons, Jr., Lipsey, McConico, Meisner, Miller, Nitz, Plakas, Sak, Spade, Vagnozzi, Waters and Zelenko offered the following resolution:
House Resolution No. 205.
A resolution declaring Whitefish Point the Cranberry Capital of the state of Michigan.
Whereas, Whitefish Point, Michigan contains a rich agricultural heritage in cranberries dating back to frontier times when Native Americans used them for trade, dyes, teas, and wound compressors; and
Whereas, Whitefish Point is the site for the only historic cranberry farm in the state, Centennial Cranberry Farm, established in 1876 with land purchased from the United States government by John Clarke; and
Whereas, In the late 19th century, 18 farms in the area shipped cranberries to destinations around the Midwest such as Chicago and St. Louis; and
Whereas, Whitefish Point's location on majestic Lake Superior has provided an ideal growing environment with an abundance of freshwater and acidic soil; and
Whereas, Whitefish Point has been the epicenter for cranberry production in the state of Michigan and for a lengthy period of time possessed the sole cranberry farm in the state; and
Whereas, Whitefish Point, Michigan produces over 80 tons of cranberries every year to be sold as preserves, store brand juices in major markets nationwide, raw fruits, preserves, and even wine; and
Whereas, Because cranberry production has steadily inclined on a national level, reaching record highs in 2004, it has become important to recognize and celebrate Whitefish Point's integral role in this thriving agricultural market; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare Whitefish Point the Cranberry Capital of the state of Michigan.
The resolution was referred to the Committee on Government Operations.
Reps. Palmer, Accavitti, Acciavatti, Ball, Baxter, Bieda, Booher, Brandenburg, Caul, Elsenheimer, Espinoza, Garfield, Gillard, Gleason, Gonzales, Gosselin, Hopgood, Jones, Kolb, Kooiman, Leland, Lemmons, III, Lemmons, Jr., Lipsey, Marleau, Mayes, McConico, McDowell, Meyer, Mortimer, Nitz, Plakas, Polidori, Rocca, Sak, Shaffer, Alma Smith, Spade, Stahl, Vander Veen and Zelenko offered the following resolution:
House Resolution No. 206.
A resolution recognizing March 16th, 2006, as Liberty Day in the state of Michigan.
Whereas, Each citizen of the United States of America can personally respect the rights and liberties enumerated in the Declaration of Independence and the U.S. Constitution, which includes the Bill of Rights; and
Whereas, James Madison, with all the strength and courage given to him by his Creator, contributed to the Virginia Plan as a model and basis for a new constitution, further establishing our new form of government and replacing the Articles of Confederation; and
Whereas, Madison pursued the commonwealth of the United States by writing, in conjunction with John Jay and Alexander Hamilton, articles to various newspapers promoting the new constitution, the Federalists Papers; and
Whereas, James Madison served in the United States House of Representatives from 1789-1797, during which time he introduced to Congress the Bill of Rights, and was the President of the United States from 1809-1817; and
Whereas, March 16th, 2006, is the 255th anniversary of the birth of James Madison, the 'Father of the Constitution,' and the official Liberty Day as recognized by the Congress of the United States; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize March 16th, 2006, as Liberty Day in the state of Michigan.
Pending the reference of the resolution to a committee,
Rep. Ward moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Moolenaar, Accavitti, Anderson, Ball, Baxter, Bieda, Booher, Brandenburg, Brown, Byrum, Caul, Clack, Elsenheimer, Espinoza, Farhat, Farrah, Garfield, Gillard, Gleason, Gonzales, Hopgood, Kolb, Kooiman, Leland, Lemmons, III, Lemmons, Jr., Lipsey, Marleau, Mayes, McConico, McDowell, Meisner, Meyer, Miller, Mortimer, Nitz, Plakas, Polidori, Sak, Shaffer, Sheltrown, Alma Smith, Spade, Stahl, Tobocman, Vagnozzi, Vander Veen and Zelenko offered the following resolution:
House Resolution No. 207.
A resolution proclaiming March 5-11, 2006, as School Social Work Week in the state of Michigan.
Whereas, Children need a supportive environment in order to learn the skills to prepare them to become members of the society at large; and
Whereas, Children have different backgrounds, abilities, and needs, but all can succeed; and
Whereas, Linking schools to human services, reducing barriers to learning, and facilitating positive learning atmospheres within schools require specialized mental health professionals; and
Whereas, School social workers constitute the 700 members of the Michigan Association of School Social Workers. They are among the 6,000 members of the Michigan Chapter of the National Association of Social Workers who are trained to provide the specialized services to ensure the well-being of children and reduce barriers to learning through working with families, teachers, and community organizations; and
Whereas, The Michigan Association of School Social Workers and the Michigan Chapter of the National Association of Social Workers have lent the legislature their expertise in determining policies concerning the well-being, safety, and success of students in Michigan's schools on issues that have included special education, prevention of bullying and school violence, and psychotropic medications in schools; and
Whereas, School social workers across the country will mark the 100th anniversary of the profession during National School Social Work Week, March 5-11, 2006; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body proclaim March 5-11, 2006, as School Social Work Week in the state of Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan Association of School Social Workers and the Michigan Chapter of the National Association of Social Workers as a token of our esteem.
Pending the reference of the resolution to a committee,
Rep. Ward moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Angerer, Accavitti, Acciavatti, Anderson, Ball, Bieda, Brandenburg, Brown, Byrnes, Byrum, Clack, Condino, Elsenheimer, Espinoza, Farrah, Gillard, Gleason, Gonzales, Gosselin, Hood, Hopgood, Jones, Leland, Lemmons, Jr., Lipsey, McConico, McDowell, Meisner, Miller, Mortimer, Plakas, Polidori, Rocca, Sak, Sheltrown, Alma Smith, Spade, Stahl, Vagnozzi, Vander Veen, Waters, Wojno and Zelenko offered the following resolution:
House Resolution No. 208.
A resolution to express support for a boycott of "25 to Life," a video game that invites players to kill law enforcement personnel, and to urge parents, retailers, caregivers, and others to join this boycott and to keep this game away from children.
Whereas, We recognize that our nation is built on a foundation of laws and a shared respect for the law; and
Whereas, Michigan's law enforcement personnel uphold the laws of this state, protecting citizens from a wide variety of threats; and
Whereas, Law enforcement personnel provide security and comfort in the wake of natural and man-made disasters such as tornadoes, snowstorms, toxic spills, and fires, and investigate crimes and pursue criminals and bring them to justice; and
Whereas, Too many law enforcement personnel have been killed and injured in the line of duty, giving their lives so our laws, our families, and our way of life may be protected; and
Whereas, The state of Michigan recognizes and values deeply the service, sacrifice, and countless acts of bravery of our law enforcement personnel, as they uphold the law so our families and communities are safe from crime; and
Whereas, It is also important for our children to understand the role that police officers and other public safety personnel play in protecting us and our way of life; and
Whereas, The respect that we hold for the men and women of the Michigan law enforcement community is subverted and sullied by video games such as "25 to Life," which calls for its players to kill law enforcement officers and take the side of crime; and
Whereas, The Michigan House of Representatives, as a legislative body, has a duty to act in matters affecting the public good; and
Whereas, We, the members of the Michigan House of Representatives, recognizing the importance of our laws and the men and women who enforce them, must reject "25 to Life" and the odious lesson of brutality, lawlessness, and crime that it would impart on our children; now, therefore, be it
Resolved by the House of Representatives, That we express support for the boycott of "25 to Life," coordinated by the National Law Enforcement Officers Memorial Fund; and be it further
Resolved, That we urge Michigan's parents, caregivers, retailers, and other members of our communities to join this effort and reject this despicable video game and invite all citizens of Michigan to join this boycott by signing the petition at www.nleomf.com/25tolife/.
The resolution was referred to the Committee on Government Operations.
Reports of Standing Committees
The Committee on Transportation, by Rep. LaJoy, Chair, reported
House Bill No. 5638, entitled
A bill to enter into the midwest interstate passenger rail compact to promote intergovernmental coordination aimed at development and promotion of intercity passenger rail transportation; to promote long-range planning for high-speed rail passenger service in the midwest; to describe the powers and duties of certain commissions; and to provide for ratification and a method of termination.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Wenke, Moore, Pavlov, Pearce and Gleason
Nays: Rep. Condino
The Committee on Transportation, by Rep. LaJoy, Chair, reported
Senate Bill No. 779, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 722 (MCL 257.722), as amended by 2002 PA 41.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Wenke, Moore, Pavlov, Pearce, Anderson, Byrnes and Condino
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. LaJoy, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Tuesday, March 7, 2006
Present: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Wenke, Moore, Pavlov, Pearce, Anderson, Byrnes, Gleason, Leland and Condino
Absent: Reps. Murphy and Kathleen Law
Excused: Reps. Murphy and Kathleen Law
The Committee on Commerce, by Rep. Huizenga, Chair, reported
House Bill No. 5640, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 3 and 8 (MCL 207.803 and 207.808), section 3 as amended by 2004 PA 398 and section 8 as amended by 2005 PA 185.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Dillon, Bennett and Accavitti
Nays: None
The Committee on Commerce, by Rep. Huizenga, Chair, reported
Senate Bill No. 906, entitled
A bill to amend 1921 PA 2, entitled "An act to promote the efficiency of the government of the state, to create a state administrative board, to define the powers and duties thereof, to provide for the transfer to said board of powers and duties now vested by law in other boards, commissions, departments and officers of the state, and for the abolishing of certain of the boards, commissions, departments and offices, whose powers and duties are hereby transferred," (MCL 17.1 to 17.3) by adding section 2b.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Dillon, Bennett and Accavitti
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Huizenga, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, March 7, 2006
Present: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Dillon, Bennett and Accavitti
Absent: Reps. Murphy and McConico
Excused: Reps. Murphy and McConico
The Committee on Health Policy, by Rep. Newell, Vice-Chair, reported
House Bill No. 5336, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 25.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Nofs, Ball, Green, Kahn, Mortimer, Adamini, Wojno, McDowell, Gleason and Angerer
Nays: None
The Committee on Health Policy, by Rep. Newell, Vice-Chair, reported
House Bill No. 5653, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2701, 5119, 16337, 17001, 17008, 17025, 17066, 17074, 17078, 17501, 17745a, 17745b, 18001, 18011, and 18021 (MCL 333.2701, 333.5119, 333.16337, 333.17001, 333.17008, 333.17025, 333.17066, 333.17074, 333.17078, 333.17501, 333.17745a, 333.17745b, 333.18001, 333.18011, and 333.18021), section 2701 as added by 1990 PA 16, section 5119 as amended by 2000 PA 209, section 16337 as added by 1993 PA 79, sections 17001 and 17501 as amended by 2005 PA 264, section 17025 as amended by 1980 PA 146, sections 17066, 17074, and 17078 as amended by 1990 PA 247, section 17745a as amended by 1999 PA 190, section 17745b as added by 1993 PA 306, and section 18021 as amended by 1993 PA 79, and by adding sections 18048, 18049, 18050, 18054, and 18056; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Newell, Robertson, Vander Veen, Hune, Nofs, Ball, Green, Kahn, Mortimer, Adamini, Wojno, McDowell, Gleason and Angerer
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Newell, Vice-Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, March 7, 2006
Present: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Nofs, Ball, Green, Kahn, Mortimer, Adamini, Wojno, McDowell, Gleason and Angerer
Absent: Reps. Ward and Murphy
Excused: Reps. Ward and Murphy
The Committee on Government Operations, by Rep. Drolet, Chair, reported
House Bill No. 5300, entitled
A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," (MCL 125.1401 to 125.1499c) by adding section 44h.
With the recommendation that the bill be referred to the Committee on Veterans Affairs and Homeland Security.
Favorable Roll Call
To Report Out:
Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield and Sheen
Nays: Reps. Tobocman and Lipsey
The recommendation was concurred in and the bill was referred to the Committee on Veterans Affairs and Homeland Security.
The Committee on Government Operations, by Rep. Drolet, Chair, reported
House Bill No. 5301, entitled
A bill to amend 2002 PA 591, entitled "Michigan nursing scholarship act," by amending section 4 (MCL 390.1184).
With the recommendation that the bill be referred to the Committee on Veterans Affairs and Homeland Security.
Favorable Roll Call
To Report Out:
Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield and Sheen
Nays: Reps. Tobocman and Lipsey
The recommendation was concurred in and the bill was referred to the Committee on Veterans Affairs and Homeland Security.
The Committee on Government Operations, by Rep. Drolet, Chair, reported
House Bill No. 5302, entitled
A bill to amend 1986 PA 102, entitled "An act to establish a grant program for certain part-time, independent students in this state; and to prescribe the powers and duties of certain state agencies and institutions of higher education," by amending section 3 (MCL 390.1283), as amended by 2004 PA 180.
With the recommendation that the bill be referred to the Committee on Veterans Affairs and Homeland Security.
Favorable Roll Call
To Report Out:
Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield and Sheen
Nays: Reps. Tobocman and Lipsey
The recommendation was concurred in and the bill was referred to the Committee on Veterans Affairs and Homeland Security.
The Committee on Government Operations, by Rep. Drolet, Chair, reported
House Bill No. 5303, entitled
A bill to amend 1964 PA 208, entitled "An act to grant scholarships to students enrolled in postsecondary education institutions; and to provide for the administration of the scholarship program," by amending section 4 (MCL 390.974), as amended by 1986 PA 270.
With the recommendation that the bill be referred to the Committee on Veterans Affairs and Homeland Security.
Favorable Roll Call
To Report Out:
Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield and Sheen
Nays: Reps. Tobocman and Lipsey
The recommendation was concurred in and the bill was referred to the Committee on Veterans Affairs and Homeland Security.
The Committee on Government Operations, by Rep. Drolet, Chair, reported
House Bill No. 5304, entitled
A bill to amend 1986 PA 303, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible graduate and professional graduate schools and employed by qualified employers; to prescribe the powers and duties of certain state agencies; and to provide for an appropriation," by amending section 4 (MCL 390.1324).
With the recommendation that the bill be referred to the Committee on Veterans Affairs and Homeland Security.
Favorable Roll Call
To Report Out:
Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield and Sheen
Nays: Reps. Tobocman and Lipsey
The recommendation was concurred in and the bill was referred to the Committee on Veterans Affairs and Homeland Security.
The Committee on Government Operations, by Rep. Drolet, Chair, reported
House Bill No. 5305, entitled
A bill to amend 1986 PA 288, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible postsecondary schools and employed by qualified employers; and to prescribe the powers and duties of certain state agencies," by amending section 4 (MCL 390.1374), as amended by 1990 PA 47.
With the recommendation that the bill be referred to the Committee on Veterans Affairs and Homeland Security.
Favorable Roll Call
To Report Out:
Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield and Sheen
Nays: Reps. Tobocman and Lipsey
The recommendation was concurred in and the bill was referred to the Committee on Veterans Affairs and Homeland Security.
The Committee on Government Operations, by Rep. Drolet, Chair, reported
House Bill No. 5306, entitled
A bill to amend 1986 PA 273, entitled "An act to establish a Michigan educational opportunity grant program for resident qualified students enrolled in eligible public postsecondary schools; and to prescribe the powers and duties of certain state agencies," by amending section 4 (MCL 390.1404).
With the recommendation that the bill be referred to the Committee on Veterans Affairs and Homeland Security.
Favorable Roll Call
To Report Out:
Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield and Sheen
Nays: Reps. Tobocman and Lipsey
The recommendation was concurred in and the bill was referred to the Committee on Veterans Affairs and Homeland Security.
The Committee on Government Operations, by Rep. Drolet, Chair, reported
House Bill No. 5307, entitled
A bill to amend 1966 PA 313, entitled "An act to award tuition grants to resident students enrolled in independent nonprofit institutions of higher learning; and to make an appropriation therefor," by amending section 3 (MCL 390.993), as amended by 1980 PA 503.
With the recommendation that the bill be referred to the Committee on Veterans Affairs and Homeland Security.
Favorable Roll Call
To Report Out:
Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield and Sheen
Nays: Reps. Tobocman and Lipsey
The recommendation was concurred in and the bill was referred to the Committee on Veterans Affairs and Homeland Security.
The Committee on Government Operations, by Rep. Drolet, Chair, reported
House Bill No. 5308, entitled
A bill to amend 1978 PA 105, entitled "An act to provide grants to students enrolled in independent nonprofit institutions of higher learning; and to provide for the promulgation of rules," by amending section 4 (MCL 390.1274), as amended by 2004 PA 184.
With the recommendation that the bill be referred to the Committee on Veterans Affairs and Homeland Security.
Favorable Roll Call
To Report Out:
Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield and Sheen
Nays: Reps. Tobocman and Lipsey
The recommendation was concurred in and the bill was referred to the Committee on Veterans Affairs and Homeland Security.
The Committee on Government Operations, by Rep. Drolet, Chair, reported
House Bill No. 5309, entitled
A bill to amend 1976 PA 228, entitled "The legislative merit award program act," by amending section 4 (MCL 390.1304), as amended by 2004 PA 182.
With the recommendation that the bill be referred to the Committee on Veterans Affairs and Homeland Security.
Favorable Roll Call
To Report Out:
Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield and Sheen
Nays: Reps. Tobocman and Lipsey
The recommendation was concurred in and the bill was referred to the Committee on Veterans Affairs and Homeland Security.
The Committee on Government Operations, by Rep. Drolet, Chair, reported
House Bill No. 5310, entitled
A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending section 7b (MCL 390.1457b), as added by 2004 PA 595.
With the recommendation that the bill be referred to the Committee on Veterans Affairs and Homeland Security.
Favorable Roll Call
To Report Out:
Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield and Sheen
Nays: Reps. Tobocman and Lipsey
The recommendation was concurred in and the bill was referred to the Committee on Veterans Affairs and Homeland Security.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Drolet, Chair, of the Committee on Government Operations, was received and read:
Meeting held on: Tuesday, March 7, 2006
Present: Reps. Drolet, Hoogendyk, Gosselin, Garfield, Sheen, Emmons, Tobocman, Lipsey and Lemmons, III
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Vander Veen, Chair, of the Committee on Senior Health, Security, and Retirement, was received and read:
Meeting held on: Tuesday, March 7, 2006
Present: Reps. Vander Veen, Green, Stahl, Proos, Zelenko, Polidori, Clack and Vagnozzi
Absent: Rep. Van Regenmorter
Excused: Rep. Van Regenmorter
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Elsenheimer, Chair, of the Committee on Tort Reform, was received and read:
Meeting held on: Tuesday, March 7, 2006
Present: Reps. Elsenheimer, Kahn, Huizenga, Hune, Adamini and Bieda
Absent: Reps. Gaffney and McConico
Excused: Reps. Gaffney and McConico
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Friday, March 3, for her approval of the following bills:
Enrolled House Bill No. 5176 at 2:12 p.m.
Enrolled House Bill No. 5177 at 2:14 p.m.
Enrolled House Bill No. 5178 at 2:16 p.m.
Enrolled House Bill No. 5245 at 2:18 p.m.
Enrolled House Bill No. 5248 at 2:20 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, March 3:
House Bill Nos. 5813 5814 5815 5816 5817 5818 5819 5820 5821 5822 5823 5824
Senate Bill Nos. 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119
The Clerk announced the enrollment printing and presentation to the Governor on Monday, March 6, for her approval of the following bills:
Enrolled House Bill No. 5043 at 2:02 p.m.
Enrolled House Bill No. 5044 at 2:04 p.m.
Enrolled House Bill No. 5315 at 2:06 p.m.
Enrolled House Bill No. 5316 at 2:08 p.m.
Enrolled House Bill No. 5317 at 2:10 p.m.
Enrolled House Bill No. 5318 at 2:12 p.m.
Enrolled House Bill No. 5319 at 2:14 p.m.
Enrolled House Bill No. 5320 at 2:16 p.m.
Enrolled House Bill No. 5321 at 2:18 p.m.
Enrolled House Bill No. 5323 at 2:20 p.m.
The Clerk announced that the following Senate bills had been received on Tuesday, March 7:
Senate Bill Nos. 1035 1047
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5494, entitled
A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending the title and sections 5, 7, 9, 10, 10a, 11, 21, 23, 25, 27, 29, 31, 33, 39, 41, 43, 49, 51, 53, 55, 57, 61, 67, 69, 70, and 73 (MCL 257.1805, 257.1807, 257.1809, 257.1810, 257.1810a, 257.1811, 257.1821, 257.1823, 257.1825, 257.1827, 257.1829, 257.1831, 257.1833, 257.1839, 257.1841, 257.1843, 257.1849, 257.1851, 257.1853, 257.1855, 257.1857, 257.1861, 257.1867, 257.1869, 257.1870, and 257.1873), sections 5, 7, 10, and 10a as amended by 2000 PA 49, section 23 as amended by 1990 PA 322,section 33 as amended by 2001 PA 130, section 49 as amended by 1994 PA 309, section 53 as amended by 2004 PA 131,section 55 as amended by 2004 PA 231, and section 57 as amended by 1996 PA 170; and to repeal acts and parts of acts.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1990 PA 187, entitled "An act to regulate the equipment, maintenance, operation, and use of school buses and pupil transportation vehicles; to prescribe the qualifications of school bus and pupil transportation vehicle drivers; to prescribe the powers and duties of certain state and local governmental agencies; to create an advisory committee and to prescribe its powers and duties; and to prescribe remedies and penalties," by amending the title and sections 5, 7, 9, 10, 10a, 11, 21, 23, 25, 27, 29, 31, 33, and 39 (MCL 257.1805, 257.1807, 257.1809, 257.1810, 257.1810a, 257.1811, 257.1821, 257.1823, 257.1825, 257.1827, 257.1829, 257.1831, 257.1833, and 257.1839), sections 5, 7, 10, and 10a as amended by 2000 PA 49, section 23 as amended by 1990 PA 322, and section 33 as amended by 2001 PA 130; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 1035, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2004 PA 427.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 1047, entitled
A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 2005 PA 339.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Messages from the Governor
Date: March 2, 2006
Time: 10:04 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4606 (Public Act No. 38, I.E.), being
An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending section 20201 (MCL 333.20201), as amended by 2001 PA 240.
(Filed with the Secretary of State March 2, 2006, at 3:31 p.m.)
Date: March 2, 2006
Time: 10:06 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4544 (Public Act No. 39, I.E.), being
An act to amend 1931 PA 328, entitled "An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 508 (MCL 750.508), as amended by 2002 PA 672.
(Filed with the Secretary of State March 2, 2006, at 3:33 p.m.)
Date: March 2, 2006
Time: 10:08 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4727 (Public Act No. 40, I.E.), being
An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2003 PA 313.
(Filed with the Secretary of State March 2, 2006, at 3:35 p.m.)
Date: March 2, 2006
Time: 10:12 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5247 (Public Act No. 41, I.E.), being
An act to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties," by amending section 23f of chapter X (MCL 710.23f), as amended by 1994 PA 373.
(Filed with the Secretary of State March 2, 2006, at 3:37 p.m.)
Date: March 2, 2006
Time: 10:10 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5498 (Public Act No. 42, I.E.), being
An act to amend 1995 PA 279, entitled "An act to license and regulate the conducting of horse race meetings in this state with pari-mutuel wagering on the results of horse races and persons involved in horse racing and pari-mutuel gaming activities at such race meetings; to create the office of racing commissioner; to prescribe the powers and duties of the racing commissioner; to prescribe certain powers and duties of the department of agriculture and the director of the department of agriculture; to provide for the promulgation of rules; to provide for the imposition of taxes and fees and the disposition of revenues; to impose certain taxes; to create funds; to legalize and permit the pari-mutuel method of wagering on the results of live and simulcast races at licensed race meetings in this state; to appropriate the funds derived from pari-mutuel wagering on the results of horse races at licensed race meetings in this state; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 20 (MCL 431.320), as amended by 2000 PA 471.
(Filed with the Secretary of State March 2, 2006, at 3:39 p.m.)
Communications from State Officers
The following communication from the Department of Environmental Quality was received and read:
February 28, 2006
The enclosed annual report is required by Section 5522 of Part 55, Air Pollution Control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451), from each state department that receives appropriated emission control funds. Section 5522(9) of Act 451 requires:
By March 1 annually, the department shall prepare and submit to the governor, the legislature, the chairpersons of the standing committees of the senate and house of representatives with primary responsibility for environmental protection issues related to air quality, and the chairpersons of the subcommittees of the senate and house appropriations committees with primary responsibility for appropriations to the department.
The material is organized as directed by Section 5522(9 and 10).
We hope you find this information useful. If you have any questions regarding the Air Quality Division annual report, please contact me.
Sincerely,
Steven E. Chester
Director
The communication was referred to the Clerk.
The following communication from the Auditor General was received and read:
March 3, 2006
Enclosed is a copy of the following audit report and/or report summary:
Performance audit of Selected Medicaid Pharmaceutical Drug Transactions,
Medical Services Administration,
Department of Community Health
March 2006
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.
Introduction of Bills
Reps. Anderson, Stahl, Vagnozzi, Gonzales, Hood and Lemmons, III introduced
House Bill No. 5825, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 473 (MCL 750.473), as added by 1993 PA 140.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Kolb introduced
House Bill No. 5826, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 107a.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Rep. Kolb introduced
House Bill No. 5827, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding sections 112g, 112h, 112i, and 112j.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Rep. Kolb introduced
House Bill No. 5828, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2843 (MCL 333.2843), as amended by 2002 PA 691.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Rep. Kolb introduced
House Bill No. 5829, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 3805 (MCL 700.3805), as amended by 2000 PA 177.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Rep. Wojno introduced
House Bill No. 5830, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," (MCL 169.201 to 169.282) by adding section 55a.
The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.
Reps. Robertson, Hoogendyk, Stakoe, Gleason, Zelenko, Drolet and Clack introduced
House Bill No. 5831, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 11 (MCL 46.11), as amended by 2003 PA 94.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Gleason, Stakoe, Robertson, Zelenko, Hoogendyk, Drolet and Clack introduced
House Bill No. 5832, entitled
A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 6 (MCL 224.6), as amended by 1982 PA 299.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Kathleen Law moved that the Committee on Natural Resources, Great Lakes, Land Use, and Environment be discharged from further consideration of House Bill No. 5773.
(For first notice see House Journal No. 22, p. 372.)
The question being on the motion made by Rep. Kathleen Law,
Rep. Kathleen Law demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Kathleen Law,
Rep. Ward moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Ward moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Ward moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Introduction of Bills
Reps. Hune, Stakoe, Tobocman, Marleau, Huizenga, Leland, Gaffney, Sheltrown and Kolb introduced
House Bill No. 5833, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7jj.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Tobocman, Stakoe, Hune, Marleau, Huizenga, Leland, Gaffney, Sheltrown and Kolb introduced
House Bill No. 5834, entitled
A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Stakoe, Hune, Tobocman, Marleau, Huizenga, Leland, Gaffney, Sheltrown and Kolb introduced
House Bill No. 5835, entitled
A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," (MCL 125.1401 to 125.1499c) by adding chapter 3B.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Rep. Caswell introduced
House Bill No. 5836, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2851, 2855, and 10108 (MCL 333.2851, 333.2855, and 333.10108), section 2851 as added by 1996 PA 284, section 2855 as amended by 1982 PA 3, and section 10108 as amended by 1986 PA 186; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Accavitti introduced
House Bill No. 5837, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 437.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Rep. Garfield introduced
House Bill No. 5838, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2004 PA 394.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Hildenbrand introduced
House Bill No. 5839, entitled
A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending sections 4, 5, 6, 9, 12, 16, 17, 21, 30a, and 30c (MCL 125.2304, 125.2305, 125.2306, 125.2309, 125.2312, 125.2316, 125.2317, 125.2321, 125.2330a, and 125.2330c).
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Rep. LaJoy introduced
House Bill No. 5840, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811q.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Taub moved that the House adjourn.
The motion prevailed, the time being 5:30 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, March 8, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives