2006-HJ-05-30-053.htm

No. 53

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2006

House Chamber, Lansing, Tuesday, May 30, 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--e/d/s Rocca--present

Adamini--present Espinoza--present Lemmons, III--excused Sak--present

Amos--present Farhat--present Lemmons, Jr.--present Schuitmaker--present

Anderson--present Farrah--present Lipsey--excused 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--e/d/s McDowell--present Smith, Virgil--present

Bieda--excused 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--present 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 Williams--present

Dillon--present Kooiman--present Plakas--present Wojno--present

Donigan--present LaJoy--present Polidori--present Zelenko--present

Drolet--present Law, David--present Proos--present

e/d/s = entered during session

Rep. Michael C. Murphy, from the 68th District, offered the following invocation:

"In the words of James Weldon Johnson, lift every voice and sing, till earth and heaven ring, ring with the harmony of liberty. Lord, we thank You for this day, we thank You, Lord, for this opportunity to come again to serve the people of this great state of Michigan. We thank You for this institution of the House of Representatives. We pray Lord, that Your hand would be upon us as we take care of the people's business. We ask Lord, that You would lead us and guide us in the way we should go. Lord, at the end of the day, may we look to see what good we have done to increase the good in this state. We'll give Your name the praise, the glory and the honor, Amen."

______

Rep. Sak moved that Reps. Bieda, Lemmons, III and Lipsey be excused from today's session.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 538, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections14501 and 14513 (MCL 324.14501 and 324.14513), section 14501 as amended by 2004 PA 333 and section14513 as amended by 2004 PA 334.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Agriculture,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Condino moved to amend the bill as follows:

1. Amend page 4, following line 26, 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 and takes effect.".

The motion did not prevail and the amendment was 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.

House Bill No. 5817, entitled

A bill to amend 1965 PA 40, entitled "An act to authorize and require public agencies to pay allowances for the expense of moving personal property from real property acquired for public purposes," by amending section 2 (MCL 213.352), as amended by 1991 PA 21.

The bill was read a second time.

Rep. Ward moved that consideration of the bill be postponed temporarily.

The motion prevailed.

Senate Bill No. 837, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending section 20 (MCL 431.320), as amended by 2006 PA 42.

The bill was read a second time.

Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5545, entitled

A bill to amend 1985 PA 106, entitled "State convention facility development act," by amending section 3 (MCL 207.623).

The bill was read a second time.

Rep. Hildenbrand 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

Messages from the Senate

The Speaker laid before the House

House Bill No. 5454, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections51105, 51106, 51108, 51113, and 51116 (MCL 324.51105, 324.51106, 324.51108, 324.51113, and 324.51116), section 51105 as amended by 1996 PA 451 and sections 51106, 51108, 51113, and 51116 as added by 1995 PA 57.

(The bill was received from the Senate on May 23, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 24, see House Journal No. 50, p.1228.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 584 Yeas--7

Adamini Brown Farrah Gonzales

Anderson Casperson Gillard

Nays--95

Accavitti Espinoza Mayes Schuitmaker

Acciavatti Farhat McConico Shaffer

Amos Gaffney McDowell Sheen

Angerer Garfield Meisner Sheltrown

Ball Gosselin Meyer Smith, Alma

Baxter Green Miller Smith, Virgil

Bennett Hansen Moolenaar Spade

Booher Hildenbrand Moore Stahl

Brandenburg Hood Mortimer Stakoe

Byrnes Hoogendyk Murphy Steil

Byrum Hopgood Newell Stewart

Caswell Huizenga Nitz Taub

Caul Hummel Nofs Tobocman

Cheeks Hune Palmer Vagnozzi

Clack Hunter Palsrok Van Regenmorter

Clemente Jones Pastor Vander Veen

Condino Kahn Pavlov Walker

Cushingberry Kolb Pearce Ward

DeRoche Kooiman Plakas Waters

Dillon LaJoy Polidori Wenke

Donigan Law, David Proos Williams

Drolet Law, Kathleen Robertson Wojno

Elsenheimer Lemmons, Jr. Rocca Zelenko

Emmons Marleau Sak

In The Chair: Kooiman

______

Rep. Gleason entered the House Chambers.

The Speaker laid before the House

House Bill No. 5455, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections51101, 51103, and 51104 (MCL 324.51101, 324.51103, and 324.51104), as added by 1995 PA 57; and to repeal acts and parts of acts.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 585 Yeas--4

Adamini Brown Gillard Gonzales

Nays--99

Accavitti Emmons Lemmons, Jr. Sak

Acciavatti Espinoza Marleau Schuitmaker

Amos Farhat Mayes Shaffer

Anderson Farrah McConico Sheen

Angerer Gaffney McDowell Sheltrown

Ball Garfield Meisner Smith, Alma

Baxter Gleason Meyer Smith, Virgil

Bennett Gosselin Miller Spade

Booher Green Moolenaar Stahl

Brandenburg Hansen Moore Stakoe

Byrnes Hildenbrand Mortimer Steil

Byrum Hood Murphy Stewart

Casperson Hoogendyk Newell Taub

Caswell Hopgood Nitz Tobocman

Caul Huizenga Nofs Vagnozzi

Cheeks Hummel Palmer Van Regenmorter

Clack Hune Palsrok Vander Veen

Clemente Hunter Pastor Walker

Condino Jones Pavlov Ward

Cushingberry Kahn Pearce Waters

DeRoche Kolb Plakas Wenke

Dillon Kooiman Polidori Williams

Donigan LaJoy Proos Wojno

Drolet Law, David Robertson Zelenko

Elsenheimer Law, Kathleen Rocca

In The Chair: Kooiman

The Speaker laid before the House

House Bill No. 4977, 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 5l (MCL 28.425l), as amended by 2002 PA 719.

(The bill was received from the Senate on May 24, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 25, see House Journal No. 51, p. 1282.)

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 586 Yeas--103

Accavitti Elsenheimer Law, David Rocca

Acciavatti Emmons Law, Kathleen Sak

Adamini Espinoza Lemmons, Jr. Schuitmaker

Amos Farhat Marleau Shaffer

Anderson Farrah Mayes Sheen

Angerer Gaffney McConico Sheltrown

Ball Garfield McDowell Smith, Alma

Baxter Gillard Meisner Smith, Virgil

Bennett Gleason Meyer Spade

Booher Gonzales Miller Stahl

Brandenburg Gosselin Moolenaar Stakoe

Brown Green Moore Steil

Byrnes Hansen Mortimer Stewart

Byrum Hildenbrand Murphy Taub

Casperson Hood Newell Tobocman

Caswell Hoogendyk Nitz Vagnozzi

Caul Hopgood Nofs Van Regenmorter

Cheeks Huizenga Palmer Vander Veen

Clack Hummel Palsrok Walker

Clemente Hune Pastor Ward

Condino Hunter Pavlov Waters

Cushingberry Jones Pearce Wenke

DeRoche Kahn Plakas Williams

Dillon Kolb Polidori Wojno

Donigan Kooiman Proos Zelenko

Drolet LaJoy Robertson

Nays--0

In The Chair: Kooiman

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Commerce, by Rep. Huizenga, Chair, reported

House Bill No. 6070, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35e; and to repeal acts and parts of acts.

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, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Dillon, Bennett and Accavitti

Nays: None

Second Reading of Bills

House Bill No. 6070, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35e; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Huizenga moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Ward moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6070, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35e; and to repeal acts and parts of acts.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 587 Yeas--102

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Lemmons, Jr. Sak

Adamini Farhat Marleau Schuitmaker

Amos Farrah Mayes Shaffer

Angerer Gaffney McConico Sheen

Ball Garfield McDowell Sheltrown

Baxter Gillard Meisner Smith, Alma

Bennett Gleason Meyer Smith, Virgil

Booher Gonzales Miller Spade

Brandenburg Gosselin Moolenaar Stahl

Brown Green Moore Stakoe

Byrnes Hansen Mortimer Steil

Byrum Hildenbrand Murphy Stewart

Casperson Hood Newell Taub

Caswell Hoogendyk Nitz Tobocman

Caul Hopgood Nofs Vagnozzi

Cheeks Huizenga Palmer Van Regenmorter

Clack Hummel Palsrok Vander Veen

Clemente Hune Pastor Walker

Condino Hunter Pavlov Ward

Cushingberry Jones Pearce Waters

DeRoche Kahn Plakas Wenke

Dillon Kolb Polidori Williams

Donigan Kooiman Proos Wojno

Drolet LaJoy Robertson Zelenko

Elsenheimer Law, David

Nays--0

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. Waters 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. 588 Yeas--102

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Lemmons, Jr. Sak

Adamini Farhat Marleau Schuitmaker

Amos Farrah Mayes Shaffer

Anderson Gaffney McConico Sheen

Angerer Garfield McDowell Sheltrown

Ball Gillard Meisner Smith, Alma

Baxter Gleason Meyer Smith, Virgil

Bennett Gonzales Miller Spade

Booher Gosselin Moolenaar Stahl

Brandenburg Green Moore Stakoe

Byrnes Hansen Mortimer Steil

Byrum Hildenbrand Murphy Stewart

Casperson Hood Newell Taub

Caswell Hoogendyk Nitz Tobocman

Caul Hopgood Nofs Vagnozzi

Cheeks Huizenga Palmer Van Regenmorter

Clack Hummel Palsrok Vander Veen

Clemente Hune Pastor Walker

Condino Hunter Pavlov Ward

Cushingberry Jones Pearce Waters

DeRoche Kahn Plakas Wenke

Dillon Kolb Polidori Williams

Donigan Kooiman Proos Wojno

Drolet LaJoy Robertson Zelenko

Elsenheimer Law, David

Nays--0

In The Chair: Kooiman

Second Reading of Bills

House Bill No. 5786, entitled

A bill to make appropriations for the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2007; to provide for the expenditure of the appropriations; to provide certain conditions on appropriations; and to provide for the disposition of fees and other income received by certain state agencies.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Brandenburg moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Ward moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Miller moved that Rep. Bennett be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5786, entitled

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 589 Yeas--101

Accavitti Espinoza Law, Kathleen Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Marleau Schuitmaker

Amos Gaffney Mayes Shaffer

Anderson Garfield McConico Sheen

Angerer Gillard McDowell Sheltrown

Ball Gleason Meisner Smith, Alma

Baxter Gonzales Meyer Smith, Virgil

Booher Gosselin Miller Spade

Brandenburg Green Moolenaar Stahl

Brown Hansen Moore Stakoe

Byrnes Hildenbrand Mortimer Steil

Byrum Hood Murphy Stewart

Casperson Hoogendyk Newell Taub

Caswell Hopgood Nitz Tobocman

Caul Huizenga Nofs Vagnozzi

Cheeks Hummel Palmer Van Regenmorter

Clack Hune Palsrok Vander Veen

Clemente Hunter Pastor Walker

Condino Jones Pavlov Ward

DeRoche Kahn Pearce Waters

Dillon Kolb Plakas Wenke

Donigan Kooiman Polidori Williams

Drolet LaJoy Proos Wojno

Elsenheimer Law, David Robertson Zelenko

Emmons

Nays--1

Cushingberry

In The Chair: Kooiman

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 5818, entitled

A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 16 (MCL 213.66), as amended by 1996 PA 474.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Government Operations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Drolet moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5819, entitled

A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 9 (MCL 213.59), as amended by 1996 PA 474.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Government Operations,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Drolet 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. Garfield moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5820, entitled

A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 8 (MCL 213.58), as amended by 1996 PA 474.

The bill was read a second time.

Rep. Drolet moved to substitute (H-1) the bill.

The motion prevailed and the substitute (H-1) 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. 5060, entitled

A bill to amend 1911 PA 149, entitled "An act to provide for the acquisition by purchase, condemnation and otherwise by state agencies and public corporations of private property for the use or benefit of the public, and to define the terms "public corporations," "state agencies" and "private property" as used herein," by amending section 3 (MCL 213.23).

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Government Operations,

The substitute (H-4) was not adopted, a majority of the members serving not voting therefor.

Rep. Drolet moved to substitute (H-5) the bill.

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Steil moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Elsenheimer to the Chair.

House Bill No. 5821, entitled

A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 5 (MCL 213.55), as amended by 1996 PA 474.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Government Operations,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Drolet 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. McConico moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 693, entitled

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Government Operations,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Drolet moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) 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.

______

Rep. Pastor moved that Rep. Drolet be excused temporarily from today's session.

The motion prevailed.

The Speaker Pro Tempore resumed the Chair.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6085, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307, 307a, and 310 (MCL 257.307, 257.307a, and 257.310), section 307 as amended by 2005 PA 142, section 307a as added by 1988 PA 346, and section 310 as amended by 2005 PA 141.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Hune moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"Sec. 303. (1) The secretary of state shall not issue a license under this act to any of the following persons:

(a) A person, as an operator, who is less than 18 years of age, except as otherwise provided in this act.

(b) A person, as a chauffeur, who is less than 18 years of age, except as otherwise provided in this act.

(c) A person whose license is suspended, revoked, denied, or canceled in any state. If the suspension, revocation, denial, or cancellation is not from the jurisdiction that issued the last license to the person, the secretary of state may issue a license after the expiration of 5 years from the effective date of the most recent suspension, revocation, denial, or cancellation.

(d) A person who in the opinion of the secretary of state is afflicted with or suffering from a physical or mental disability or disease preventing that person from exercising reasonable and ordinary control over a motor vehicle while operating the motor vehicle upon the highways.

(e) A person who is unable to understand highway warning or direction signs in the English language.

(f) A person who is unable to pass a knowledge, skill, or ability test administered by the secretary of state in connection with the issuance of an original operator's or chauffeur's license, original motorcycle indorsement, or an original or renewal of a vehicle group designation or vehicle indorsement.

(g) A person who has been convicted of, has received a juvenile disposition for, or has been determined responsible for 2 or more moving violations under a law of this state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state within the preceding 3 years, if the violations occurred before issuance of an original license to the person in this state, another state, or another country.

(h) A nonresident including a foreign exchange student.

(i) A person who has failed to answer a citation or notice to appear in court or for any matter pending or fails to comply with an order or judgment of the court, including, but not limited to, paying all fines, costs, fees, and assessments, in violation of section 321a, until that person answers the citation or notice to appear in court or for any matter pending or complies with an order or judgment of the court, including, but not limited to, paying all fines, costs, fees, and assessments, as provided under section 321a.

(j) A person not licensed under this act who has been convicted of, has received a juvenile disposition for, or has been determined responsible for a crime or civil infraction described in section 319, 324, or 904. A person shall be denied a license under this subdivision for the length of time corresponding to the period of the licensing sanction that would have been imposed under section 319, 324, or 904 if the person had been licensed at the time of the violation.

(k) A person not licensed under this act who has been convicted of or received a juvenile disposition for committing a crime described in section 319e. A person shall be denied a license under this subdivision for the length of time that corresponds to the period of the licensing sanction that would have been imposed under section 319e if the person had been licensed at the time of the violation.

(l) A person not licensed under this act who is determined to have violated section 33b(1) of former 1933 (Ex Sess) PA 8, section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or section 624a or 624b of this act. The person shall be denied a license under this subdivision for a period of time that corresponds to the period of the licensing sanction that would have been imposed under those sections had the person been licensed at the time of the violation.

(M) A PERSON WHOM THE SECRETARY OF STATE DETERMINES IS IN THIS COUNTRY ILLEGALLY.

(2) Upon receiving the appropriate records of conviction, the secretary of state shall revoke the operator's or chauffeur's license of a person and deny issuance of an operator's or chauffeur's license to a person having any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:

(a) Any combination of 2 convictions within 7 years for reckless driving in violation of section 626.

(b) Any combination of 2 or more convictions within 7 years for any of the following:

(i) A felony in which a motor vehicle was used.

(ii) A violation or attempted violation of section 601b(2) or (3), section 601c(1) or (2), section 602a(4) or (5), section 617, section 653a(3) or (4), or section 904(4) or (5).

(iii) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.

(iv) A violation or attempted violation of section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

(c) Any combination of 2 convictions within 7 years for any of the following or a combination of 1 conviction for a violation or attempted violation of section 625(6) and 1 conviction for any of the following within 7 years:

(i) A violation or attempted violation of section 625, except a violation of section 625(2), or a violation of any prior enactment of section 625 in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.

(ii) A violation or attempted violation of section 625m.

(iii) Former section 625b.

(d) One conviction for a violation or attempted violation of section 315(5), section 601b(3), section 601c(2), section602a(4) or (5), section 617, section 625(4) or (5), section 653a(4), or section 904(4) or (5).

(e) One conviction of negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.

(f) One conviction for a violation or attempted violation of section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

(g) Any combination of 3 convictions within 10 years for any of the following or 1 conviction for a violation or attempted violation of section 625(6) and any combination of 2 convictions for any of the following within 10 years, if any of the convictions resulted from an arrest on or after January 1, 1992:

(ii) A violation or attempted violation of section 625m.

(iii) Former section 625b.

(3) The secretary of state shall revoke a license under subsection (2) notwithstanding a court order unless the court order complies with section 323.

(4) The secretary of state shall not issue a license under this act to a person whose license has been revoked under this act or revoked and denied under subsection (2) until all of the following occur, as applicable:

(a) The later of the following:

(i) The expiration of not less than 1 year after the license was revoked or denied.

(ii) The expiration of not less than 5 years after the date of a subsequent revocation or denial occurring within 7years after the date of any prior revocation or denial.

(b) For a denial under subsection (2)(a), (b), (c), and (g), the person rebuts by clear and convincing evidence the presumption resulting from the prima facie evidence that he or she is a habitual offender. The convictions that resulted in the revocation and denial constitute prima facie evidence that he or she is a habitual offender.

(5) The secretary of state may deny issuance of an operator's license as follows:

(a) Until the age of 17, to a person not licensed under this act who was convicted of or received a juvenile disposition for violating or attempting to violate section 411a(2) of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a school when he or she was less than 14 years of age. A person not issued a license under this subdivision is not eligible to begin graduated licensing training until he or she attains 16 years of age.

(b) To a person less than 21 years of age not licensed under this act who was convicted of or received a juvenile disposition for violating or attempting to violate section 411a(2) of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a school when he or she was less than 14 years of age or older, until 3 years after the date of the conviction or juvenile disposition. A person not issued a license under this subdivision is not eligible to begin graduated licensing training or otherwise obtain an original operator's or chauffeur's license until 3 years after the date of the conviction or juvenile disposition.

(6) The secretary of state shall deny issuance of a vehicle group designation to a person if the person has been disqualified by the United States secretary of transportation from operating a commercial motor vehicle.

(7) Multiple convictions or civil infraction determinations resulting from the same incident shall be treated as a single violation for purposes of denial or revocation of a license under this section.

(8) As used in this section, "felony in which a motor vehicle was used" means a felony during the commission of which the person operated a motor vehicle and while operating the vehicle presented real or potential harm to persons or property and 1 or more of the following circumstances existed:

(a) The vehicle was used as an instrument of the felony.

(b) The vehicle was used to transport a victim of the felony.

(d) The vehicle was necessary for the commission of the felony.".

The motion was seconded.

The question being on the adoption of the amendment offered by Rep. Hune,

Rep. Hune demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Hune,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 590 Yeas--78

Accavitti Elsenheimer Law, David Proos

Acciavatti Emmons Law, Kathleen Robertson

Amos Espinoza Marleau Rocca

Anderson Farhat Mayes Sak

Angerer Gaffney McDowell Shaffer

Ball Garfield Meyer Sheen

Baxter Gillard Miller Sheltrown

Bennett Gleason Moolenaar Spade

Booher Gosselin Moore Stahl

Brandenburg Green Mortimer Stakoe

Brown Hansen Newell Steil

Byrnes Hildenbrand Nitz Stewart

Byrum Hoogendyk Nofs Taub

Casperson Huizenga Palmer Van Regenmorter

Caswell Hummel Palsrok Walker

Caul Hune Pastor Ward

Clemente Jones Pavlov Wenke

DeRoche Kahn Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy

Nays--24

Adamini Gonzales McConico Smith, Virgil

Cheeks Hood Meisner Tobocman

Clack Hopgood Murphy Vagnozzi

Condino Hunter Polidori Vander Veen

Cushingberry Kolb Schuitmaker Waters

Farrah Lemmons, Jr. Smith, Alma Zelenko

In The Chair: Kooiman

The question being on the passage of the bill,

Rep. Palsrok moved to amend the bill as follows:

1. Amend page 18, following line 25, by inserting:

"Sec. 314. (1) Except as otherwise provided in this section, an operator's license ~~shall expire~~EXPIRES on the birthday of the person to whom the license is issued in the fourth year following the date of the issuance of the license unless suspended or revoked before that date. A license shall not be issued for a period longer than 4 years. A person holding a license at any time within 45 days before the expiration of his or her license may make application for a new license as provided for in this chapter. However, a knowledge test for an original group designation or indorsement may be taken at any time during this period and the results shall be valid for 12 months. However, if the licensee will be out of the state during the 45 days immediately preceding expiration of the license or for other good cause shown cannot apply for a license within the 45-day period, application for a new license may be made not more than 6 months before expiration of the license. ~~This~~A new license, when granted,~~shall expire~~EXPIRES as provided ~~for~~ in this chapter.

(2) The first operator's license issued to a person who at the time of application is less than 20-1/2 years of age ~~shall expire~~EXPIRES on the licensee's twenty-first birthday unless suspended or revoked. Until July 1, 2003, the secretary of state shall code the license in a manner ~~which~~THAT clearly identifies the licensee as being less than 21 years of age.

(3) The first chauffeur's license issued to a person ~~shall expire~~EXPIRES on the licensee's birthday in the fourth year following the date of issuance unless the license is suspended or revoked before that date. The chauffeur's license of a person who at the time of application is less than 20-1/2 years of age ~~shall expire~~EXPIRES on the licensee's twenty-first birthday unless suspended or revoked. Until July 1, 2003, the secretary of state shall code the license in a manner ~~which~~THAT clearly identifies the licensee as being less than 21 years of age. A subsequent chauffeur's license ~~shall expire~~EXPIRES on the birthday of the person to whom the license is issued in the fourth year following the date of issuance of the license unless the license is suspended or revoked before that date.

(4) AN OPERATOR'S OR CHAUFFEUR'S LICENSE ISSUED TO A PERSON WHO IS AN ALIEN EXPIRES ON THE DATE HIS OR HER PRESENCE IN THE UNITED STATES BECOMES UNLAWFUL.

(5)~~(4)~~ A person may apply for an extension of his or her driving privileges if he or she is out of state on the date that his or her operator's or chauffeur's license expires. The extension may extend the license for 180 days beyond the expiration date or within 2 weeks after the applicant returns to Michigan, whichever occurs first. THIS SUBSECTION DOES NOT APPLY TO A PERSON DESCRIBED IN SUBSECTION (4).

(6)~~(5)~~ A person who will be out of state for more than 90 days beyond the expiration date of his or her operator's license may apply for a 4-year renewal of his or her driving privileges. The applicant for this renewal shall submit a statement evidencing a vision examination in accordance with the rules promulgated by the secretary of state under section 309. THIS SUBSECTION DOES NOT APPLY TO A PERSON DESCRIBED IN SUBSECTION (4).

(7)~~(6)~~ The secretary of state may check the applicant's driving record through the national driver register and the commercial driver license information system before issuing a renewal under this section.".

The motion was seconded.

The question being on the adoption of the amendment offered by Rep. Palsrok,

Rep. Palsrok demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Palsrok,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 591 Yeas--76

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Law, Kathleen Rocca

Amos Espinoza Marleau Sak

Anderson Farhat Mayes Schuitmaker

Angerer Gaffney McDowell Shaffer

Ball Garfield Meyer Sheen

Baxter Gillard Miller Sheltrown

Bennett Gosselin Moolenaar Spade

Booher Green Moore Stahl

Brandenburg Hansen Mortimer Stakoe

Brown Hildenbrand Newell Steil

Byrnes Hoogendyk Nitz Stewart

Byrum Huizenga Nofs Taub

Casperson Hummel Palmer Van Regenmorter

Caswell Hune Palsrok Vander Veen

Caul Jones Pastor Walker

DeRoche Kahn Pavlov Ward

Dillon Kooiman Pearce Wenke

Donigan LaJoy Proos Wojno

Nays--26

Adamini Gleason McConico Smith, Virgil

Cheeks Gonzales Meisner Tobocman

Clack Hood Murphy Vagnozzi

Clemente Hopgood Plakas Waters

Condino Hunter Polidori Williams

Cushingberry Kolb Smith, Alma Zelenko

Farrah Lemmons, Jr.

In The Chair: Kooiman

______

Rep. Leland entered the House Chambers.

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. 592 Yeas--76

Accavitti Donigan Law, David Robertson

Acciavatti Elsenheimer Law, Kathleen Rocca

Amos Emmons Marleau Sak

Anderson Espinoza Mayes Schuitmaker

Angerer Farhat McDowell Shaffer

Ball Gaffney Meyer Sheen

Baxter Garfield Miller Sheltrown

Bennett Gosselin Moolenaar Spade

Booher Green Moore Stahl

Brandenburg Hansen Mortimer Stakoe

Brown Hildenbrand Newell Steil

Byrnes Hoogendyk Nitz Stewart

Byrum Huizenga Nofs Taub

Casperson Hummel Palmer Van Regenmorter

Caswell Hune Palsrok Vander Veen

Caul Jones Pastor Walker

Clemente Kahn Pavlov Ward

DeRoche Kooiman Pearce Wenke

Dillon LaJoy Proos Wojno

Nays--27

Adamini Gleason Lemmons, Jr. Smith, Virgil

Cheeks Gonzales McConico Tobocman

Clack Hood Meisner Vagnozzi

Condino Hopgood Murphy Waters

Cushingberry Hunter Plakas Williams

Farrah Kolb Polidori Zelenko

Gillard Leland Smith, Alma

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 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 307, 307a, 310, and 314 (MCL 257.303, 257.307, 257.307a, 257.310, and 257.314), sections 303 and 307 as amended by 2005 PA 142, section307a as added by 1988 PA 346, section 310 as amended by 2005 PA 141, and section 314 as amended by 2004 PA362.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Tobocman, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I proudly voted against this bill because it sends a horrible message to the international business community. By making Michigan the first and only state in the country that would have a citizenship 'check-box' on its drivers licenses, this bill would classify LEGAL residents as second-class citizens.

The citizenship 'check-box' raises more questions than it answers. What will the Secretary of State personnel do when a drivers license applicant checks that they are not a U.S. citizen? What skills do they possess in wading through the complications and intricacies of U.S. immigration law to determine which of the 40-plus legal residency statuses the applicant possesses and whether they meet the rigors of that residency test? And at what cost?

What does the bill imply that local law enforcement, local treasurers, local permitting agencies and other units of government do when a non-citizen is before them seeking services? Further, what is the implication for banks, mortgage companies, retailers and others who would ask for a drivers license to conduct business?

This bill signals to foreign investors in Michigan that their managers and employees who would need to be relocated to Michigan will be treated with suspicion and as second-class, as their drivers licenses denote their lack of citizenship. Nowhere else in America will foreign investment be greeted with such closed arms.

Michigan voters demand that we be do everything in the Legislature's power to create jobs. This bill does the opposite. After two visits to Japan, Governor Granholm has returned with nearly $250 million in foreign investment that will produce 1,032 jobs. I wonder how many of those jobs will be killed and how many future opportunities will be lost when national and international media learn of Michigan's desire to lead in identifying who is and who is not a citizen, regardless of their legal right to be here?

HB 6085 accomplishes little in the way of enhancing law enforcement, identifying voters, helping employers or assisting the Secretary of State. In fact, there are strong arguments that it actually does more harm by driving immigrants underground.

Most critically, Michigan can not afford to turn its back on the global economy. This bill does more than that. It sends a clear message that our foreign partners and the jobs that they might want to locate here are not welcome."

Rep. Waters, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted 'NO' on HB 6085 because it is bad public policy as the bill does not distinguish between a non-citizen who is in this country legally or illegally. Therefore, non-citizens in this country legally such as a student or a Daimler-Benz employee will carry a second-class license with a check box indicating that they are not U.S. citizens. Such a situation will expose these individuals to unknown and unnecessary scrutiny from law enforcement. This bill also sends an unwelcoming message to those individuals in this country legally. The state can not court foreign companies while, at the same time, treat their employees like second class citizens when they apply for a driver's license.

Furthermore, the Michigan's driver's license already conforms to the federal requirement for Social Security numbers and proof of identification. This bill would unnecessarily require Michigan to go above and beyond the federal requirements.

Additionally, there are no parameters to guide the Secretary of State to determine how an applicant is in this country illegally. Secretary of State branch employees are not trained to make this determination or to even understand what documents they need to obtain in order to determine whether an applicant is in this country lawfully. At a time when we are trying to streamline government, this bill will add another level of bureaucracy.

Finally, as written, HB 6085 is ambiguous and vague. While the language appears to require only a statement of citizenship, the Secretary of State could interpret this language as a requirement for obtaining a driver's license."

Rep. Ward moved that the bill be given immediate effect.

The question being on the motion made by Rep. Ward,

Rep. Waters 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. 593 Yeas--72

Accavitti Elsenheimer Law, David Rocca

Acciavatti Emmons Marleau Sak

Amos Espinoza Mayes Schuitmaker

Anderson Farhat McDowell Shaffer

Angerer Gaffney Meyer Sheen

Ball Garfield Moolenaar Sheltrown

Baxter Gosselin Moore Spade

Booher Green Mortimer Stahl

Brandenburg Hansen Newell Stakoe

Byrnes Hildenbrand Nitz Steil

Casperson Hoogendyk Nofs Stewart

Caswell Huizenga Palmer Taub

Caul Hummel Palsrok Van Regenmorter

Clemente Hune Pastor Vander Veen

Condino Jones Pavlov Walker

DeRoche Kahn Pearce Ward

Dillon Kooiman Proos Wenke

Donigan LaJoy Robertson Wojno

Nays--31

Adamini Gillard Leland Smith, Alma

Bennett Gleason Lemmons, Jr. Smith, Virgil

Brown Gonzales McConico Tobocman

Byrum Hood Meisner Vagnozzi

Cheeks Hopgood Miller Waters

Clack Hunter Murphy Williams

Cushingberry Kolb Plakas Zelenko

Farrah Law, Kathleen Polidori

In The Chair: Kooiman

Second Reading of Bills

The House returned to the consideration of

House Bill No. 5817, entitled

(The bill was considered earlier today, see today's Journal, p. 1360.)

Rep. Drolet moved to substitute (H-1) the bill.

The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

______

Rep. Ward moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. David Law, Bieda, Rocca, Accavitti, Ball, Brandenburg, Cushingberry, Elsenheimer, Emmons, Espinoza, Farrah, Gillard, Gonzales, Gosselin, Green, Hansen, Hopgood, Huizenga, Jones, Kahn, Kooiman, Marleau, Mayes, Meyer, Miller, Mortimer, Nitz, Palmer, Proos, Sak, Shaffer, Stahl, Stakoe, Taub, Tobocman and Vander Veen offered the following resolution:

House Resolution No. 269.

A resolution to memorialize the President of the United States and the United States Congress to make the Republic of Poland eligible for the United States Department of State Visa Waiver Program.

Whereas, The Republic of Poland is a free, democratic, and independent nation. The fall of the Berlin Wall in 1989 paved the way for Poland to break free from Soviet control and pursue its own destiny. In 1999, the United States and the Republic of Poland became formal allies when Poland was granted membership in the North Atlantic Treaty Organization. Since that historic occasion, the Republic of Poland has proven to be an indispensable ally in the global campaign against terrorism. Poland actively participated in Operation Iraqi Freedom and the Iraqi reconstruction mission, shedding blood along with American military personnel; and

Whereas, From the beginning of Poland's new independence, the Polish people have expressed their wishes for close ties with America. On April 15, 1991, the Republic of Poland unilaterally repealed the visa obligation for United States citizens traveling to Poland. The United States has not reciprocated this gesture. Our Department of State's Visa Waiver Program currently allows citizens from 27 countries to travel to the United States for tourism or business for up to 90 days without first obtaining visas for entry. The countries that currently participate in the Visa Waiver Program include Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom; and

Whereas, The President of the United States and other high ranking officials have rightly described Poland as "one of our closest friends." After emerging from five decades of foreign domination, the people of Poland have made great strides in building a free and prosperous nation to stand by America's side in the great struggle of our day. It is appropriate that the Republic of Poland be made eligible for the United States Department of State Visa Waiver Program; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the President of the United States and the United States Congress to make the Republic of Poland eligible for the United States Department of State Visa Waiver Program; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the Ambassador of the Republic of Poland to the United States of America.

The resolution was referred to the Committee on Government Operations.

Reps. Hildenbrand, Accavitti, Anderson, Ball, Booher, Brandenburg, Brown, Byrnes, Caswell, Clack, Cushingberry, Elsenheimer, Emmons, Espinoza, Farhat, Farrah, Gillard, Gleason, Gonzales, Gosselin, Green, Hansen, Hopgood, Huizenga, Jones, Kooiman, Lemmons, Jr., Marleau, Mayes, McDowell, Meyer, Moore, Mortimer, Nitz, Palmer, Pearce, Polidori, Proos, Sak, Shaffer, Sheltrown, Alma Smith, Spade, Stahl, Stakoe, Taub and Vander Veen offered the following resolution:

House Resolution No. 270.

A resolution commemorating June 6, 2006, as Dairy Foods Awareness Day in the state of Michigan.

Whereas, The mission of the Michigan Dairy Foods Association is to support and promote activities designed to improve and maintain the general well-being of the dairy processing industry; and

Whereas, The Michigan Dairy Foods Association is a trade and membership service organization representing all aspects of the dairy processing industry in Michigan. The association's primary purposes are to assure that a strong environment exists for the creation and maintenance of sound public policy as it relates to all aspects of the dairy processing industry in Michigan, to enhance the position, prestige and competitive ability of the association's members, and to provide educational programs to enhance members' abilities to process and market fine dairy products, packaged waters and juices in Michigan and throughout the world; and

Whereas, The Michigan Dairy Foods Association established Dairy Foods Awareness Day to demonstrate the importance of the dairy processing industry in Michigan and to promote the 3-A-Day concept of three servings of calcium-rich dairy products per day which helps ensure a healthy diet. We salute the people of the Michigan Dairy Foods Association for their efforts to expand our awareness and knowledge of the dairy processing industry; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate June 6, 2006, as Dairy Foods Awareness Day in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the organizers of Dairy Foods Awareness Day as evidence 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.

Reports of Standing Committees

The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Casperson, Chair, reported

Senate Bill No. 971, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections35103 and 74102a (MCL 324.35103 and 324.74102a), section 35103 as amended by 1996 PA 290 and section74102a as added by 2004 PA 392, and by adding section 74102b.

With the recommendation that the substitute (H-3) 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. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Rocca, McDowell, Sheltrown, Gillard and Espinoza

Nays: None

The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Casperson, Chair, reported

Senate Bill No. 972, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section2131 (MCL 324.2131), as amended by 2001 PA 174.

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. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Rocca, McDowell, Sheltrown, Gillard and Espinoza

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Casperson, Chair, of the Committee on Conservation, Forestry, and Outdoor Recreation, was received and read:

Meeting held on: Tuesday, May 30, 2006

Present: Reps. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Rocca, McDowell, Sheltrown, Gillard and Espinoza

Absent: Rep. Baxter

Excused: Rep. Baxter

The Committee on Government Operations, by Rep. Drolet, Chair, reported

House Resolution No. 243.

A resolution establishing March 31, 2006, as Terri's Day of Remembrance & Celebration of the Culture of Life Day in the state of Michigan.

(For text of resolution, see House Journal No. 36, p. 839.)

With the recommendation that the resolution be adopted.

The resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield and Sheen

Nays: Rep. Tobocman

The Committee on Government Operations, by Rep. Drolet, Chair, reported

House Resolution No. 268.

A resolution to urge the Michigan Capitol Committee to recommend that a display of historic documents related to our system of governance and the process of lawmaking be placed in the Capitol.

(For text of resolution, see House Journal No. 50, p. 1218.)

With the recommendation that the resolution be adopted.

The resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield and Sheen

Nays: Rep. Tobocman

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, May 30, 2006

Present: Reps. Drolet, Hoogendyk, Gosselin, Garfield, Sheen and Tobocman

Absent: Reps. Emmons, Lipsey and Lemmons, III

Excused: Reps. Emmons, Lipsey and Lemmons, III

The Committee on Commerce, by Rep. Huizenga, Chair, reported

House Bill No. 5901, entitled

A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending section 1 (MCL 125.1651), as amended by 2005 PA 115.

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, 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, May 30, 2006

Present: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Dillon, Bennett and Accavitti

Absent: Reps. Jones, McConico and Leland

Excused: Reps. Jones and McConico

The Committee on Transportation, by Rep. LaJoy, Chair, reported

House Bill No. 6075, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 184 (MCL 259.184), as amended by 1996 PA 370.

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, Casperson, Nitz, Wenke, Moore, Pavlov, Pearce, Anderson, Byrnes, Kathleen Law, Condino and Tobocman

Nays: Rep. Meyer

The Committee on Transportation, by Rep. LaJoy, Chair, reported

House Bill No. 6084, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 248f, 302, 302a, 303, 306, 307, 307a, 312e, 312f, 314, 319b, 319f, 319g, 324, 732, 801c, 811k, and 907 (MCL 257.248f, 257.302, 257.302a, 257.303, 257.306, 257.307, 257.307a, 257.312e, 257.312f, 257.314, 257.319b, 257.319f, 257.319g, 257.324, 257.732, 257.801c, 257.811k, and 257.907), section 248f as added by 1993 PA 300, section 302 as amended by 1991 PA 100, section 302a as added by 1990 PA 181, sections 303 and 307 as amended by 2005 PA 142, sections 306, 312e, 312f, and 314 as amended by 2004 PA 362, section 307a as added by 1988 PA 346, sections 319b, 319g, and 732 as amended by 2004 PA 495, section 319f as added by 1996 PA 404, section 324 as amended by 2001 PA 159, section 801c as amended by 1980 PA 281, section 811k as added by 2000 PA 73, and section 907 as amended by 2005 PA 1, and by adding section 303a.

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. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Wenke, Moore, Pavlov, Anderson, Byrnes, Kathleen Law, Gleason, Condino and Tobocman

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, May 30, 2006

Present: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Wenke, Moore, Pavlov, Pearce, Anderson, Byrnes, Kathleen Law, Gleason, Condino and Tobocman

Absent: Rep. Leland

Excused: Rep. Leland

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, May 25, for her approval of the following bills:

Enrolled House Bill No. 4437 at 1:22 p.m.

Enrolled House Bill No. 5114 at 1:24 p.m.

Enrolled House Bill No. 5607 at 1:26 p.m.

Enrolled House Bill No. 5979 at 1:28 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, May 25:

House Bill Nos. 6101 6102 6103 6104 6105 6106 6107 6108 6109

Senate Bill Nos. 1281 1282

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, May 26:

House Bill Nos. 6110 6111 6112

Senate Bill Nos. 1283 1284 1285 1286

Messages from the Governor

The following message from the Governor was received May 26, 2006 and read:

EXECUTIVE ORDER

No. 2006 - 8

RECOGNIZING MEMORIAL DAY

WHEREAS, Memorial Day was first officially proclaimed on May 5, 1868 by General John A. Logan, Commander-in-Chief of the Grand Army of the Republic, in General Order No. 11, and was first observed on May 30, 1868, when flowers were placed on the graves of soldiers at Arlington National Cemetery;

WHEREAS, in proclaiming Memorial Day, General Logan wrote, "Let no vandalism of avarice or neglect, no ravages of time testify to the present or to the coming generations that we have forgotten as a people the cost of a free and undivided republic";

WHEREAS, on Memorial Day we recognize individuals who have died in service to the United States of America, making the ultimate sacrifice to defend the freedoms our Nation holds so dear;

WHEREAS, we remember in particular those that have given their lives in service to our country during the past year;

WHEREAS, under Section 6103 of Title 5 of the United States Code, 5 USC 6103, and Section 1 of 1865 PA 124, MCL 435.101, the last Monday in May is set aside as a legal public holiday in observance of Memorial Day;

WHEREAS, under Section 7 of Chapter 1 of Title 4 of the United States Code, 4 USC 7, on Memorial Day the flag of the United States is to be displayed at half-staff until noon only, then raised to the top of the staff;

WHEREAS, it is appropriate that the flag of the United States of America be flown at half-staff throughout the State of Michigan on Memorial Day morning as a mark of respect for the memory, and in honor of the service, of those killed defending our priceless freedom, peace and security;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in me by the Michigan Constitution of 1963, the laws of the State of Michigan, and the laws of the United States of America, direct and proclaim:

A. On Memorial Day, Monday, May 29, 2006, until 12:00 noon that day, the flag of the United States of America shall be flown at half-staff throughout the State of Michigan and on Michigan waters, including at or on all state buildings and facilities.

B. When flown at half-staff on Memorial Day, the flag of the United States should be first hoisted to the peak for an instant and then lowered to the half-staff position, where it should be flown until noon only, then raised to the top of the staff.

This order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 26th day of May, in the year of our Lord, two thousand and six.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

Date:May 25, 2006

Time:6:32 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5748 (Public Act No. 156, 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 16w of chapter XVII (MCL 777.16w), as amended by 2004 PA 424.

(Filed with the Secretary of State May 26, 2006, at 2:22 p.m.)

Date:May 25, 2006

Time:6:40 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5631 (Public Act No. 157, 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 2253 (MCL 333.2253).

(Filed with the Secretary of State May 26, 2006, at 2:24 p.m.)

Date:May 25, 2006

Time:6:50 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5760 (Public Act No. 158, I.E.), being

An act to amend 1980 PA 300, entitled "An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 61 (MCL 38.1361), as amended by 2004 PA 5.

(Filed with the Secretary of State May 26, 2006, at 2:26 p.m.)

Date: May 25, 2006

Time: 6:44 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5450 (Public Act No. 159, 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 349 (MCL 750.349).

(Filed with the Secretary of State May 26, 2006, at 2:28 p.m.)

Date: May 25, 2006

Time: 6:46 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5451 (Public Act No. 160, I.E.), being

(Filed with the Secretary of State May 26, 2006, at 2:30 p.m.)

Date: May 25, 2006

Time: 6:48 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5653 (Public Act No. 161, I.E.), being

(Filed with the Secretary of State May 26, 2006, at 2:32 p.m.)

Date: May 25, 2006

Time: 6:30 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5747 (Public Act No. 162, I.E.), being

(Filed with the Secretary of State May 26, 2006, at 2:34 p.m.)

Date: May 25, 2006

Time: 6:38 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5630 (Public Act No. 163, I.E.), being

(Filed with the Secretary of State May 26, 2006, at 2:36 p.m.)

Date: May 25, 2006

Time: 6:42 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5449 (Public Act No. 164, 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 16q of chapter XVII (MCL 777.16q), as amended by 2005 PA 302.

(Filed with the Secretary of State May 26, 2006, at 2:38 p.m.)

Introduction of Bills

Reps. Donigan, Tobocman, Kathleen Law, Vagnozzi, Hopgood, Anderson, Zelenko, Byrnes and Alma Smith introduced

House Bill No. 6113, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 96.

The bill was read a first time by its title and referred to the Committee on Transportation.

Rep. Lemmons, III introduced

House Bill No. 6114, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 2 (MCL 408.382), as amended by 1997 PA 2.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training, and Safety.

Rep. Mortimer introduced

House Bill No. 6115, entitled

A bill to amend 1995 PA 29, entitled "Uniform unclaimed property act," by amending section 19 (MCL 567.239), as amended by 2004 PA 385.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

______

Rep. Miller moved that the House adjourn.

The motion prevailed, the time being 3:10 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, May 31, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives