No. 92
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2006
House Chamber, Lansing, Thursday, December 7, 2006.
10:30 a.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--excused Proos--present
Acciavatti--present Emmons--present Leland--present Robertson--present
Adamini--present Espinoza--present Lemmons, III--e/d/s Rocca--present
Amos--excused Farhat--present Lemmons, Jr.--present Sak--present
Anderson--present Farrah--present Lipsey--present Schuitmaker--present
Angerer--present Gaffney--present Marleau--present Shaffer--present
Ball--present Garfield--present Mayes--present Sheen--present
Baxter--present Gillard--present McConico--excused Sheltrown--present
Bennett--present Gleason--present McDowell--present Smith, Alma--present
Bieda--present Gonzales--present Meadows--present Smith, Virgil--present
Booher--present Gosselin--present Meisner--present Spade--present
Brandenburg--present Green--present Meyer--present Stahl--present
Brown--present Hansen--present Miller--present Stakoe--excused
Byrnes--present Hildenbrand--present Moolenaar--present Steil--present
Byrum--present Hood--present Moore--present Stewart--present
Casperson--present Hoogendyk--present Mortimer--present Taub--present
Caswell--present Hopgood--present Murphy--present Tobocman--present
Caul--present Huizenga--present Newell--present Vagnozzi--present
Cheeks--present Hummel--present Nitz--present Van Regenmorter--present
Clack--present Hune--present Nofs--present Vander Veen--present
Clemente--present Hunter--present Palmer--present Walker--present
Condino--present Jones, Hayes--present Palsrok--present Ward--present
Cushingberry--present Jones, Rick--present Pastor--present Waters--present
DeRoche--present Kahn--present Pavlov--present Wenke--present
Dillon--present Kolb--present Pearce--present Williams--present
Donigan--present Kooiman--present Plakas--present Wojno--present
Drolet--present LaJoy--present Polidori--present Zelenko--present
Ebli--present Law, David--present
e/d/s = entered during session
Rep. Barbara Vander Veen, from the 89th District, offered the following invocation:
"Father God, thank You for today. Another day to serve You as we serve the people of this incredible state.
You tell us that if we ask, You will give us wisdom, so Father, we ask, please give us Your wisdom, Your solutions to the issues we will deal with today. Because: Your ways are not our ways, Your thoughts aren't our thoughts, clear our minds of our ways and give us sensitive ears to HEAR Your direction.
Father I ask that You change our hearts and renew our minds to follow Your highest command, that we love as You love, treat others as we would have them treat us. In Your name, Amen."
______
Rep. Sak moved that Reps. Kathleen Law and McConico be excused from today's session.
The motion prevailed.
Rep. Palmer moved that Reps. Amos and Stakoe be excused from today's session.
The motion prevailed.
Motions and Resolutions
Rep. Sak offered the following resolution:
House Resolution No. 338.
A resolution recognizing the 65th anniversary of the attack on Pearl Harbor and declaring Thursday, December 7, 2006, as Pearl Harbor Remembrance Day in the state of Michigan.
Whereas, On the morning of December 7, 1941, America was attacked without warning at Pearl Harbor by the air and naval forces of Imperial Japan. More than 2,400 people perished and another 1,100 were wounded, triggering our Nation's entry into World War II; and
Whereas, On December 7, 2006, we honor those who lost their lives 65 years ago and all veterans who have fought to preserve our freedom and democracy; and
Whereas, Today, we also recognize the citizens of Michigan who answered their country's call to the battlefield, the factory, and the farm. We remember Pearl Harbor through their deeds, their devotion to duty, and their willingness to fight for freedom; and
Whereas, The attack at Pearl Harbor fired the American spirit with a determination that freedom would not fall. The tragedy of December 7, 1941, remains upon the memories of the citizens of the state of Michigan, as well as, our great Nation. May this recollection serve not just as a symbol of American valor, but also as the resolve of all Americans in preserving freedom; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize the 65th anniversary of the attack on Pearl Harbor and declare Thursday, December 7, 2006, as Pearl Harbor Remembrance Day in the state of Michigan. We urge the people of Michigan to acknowledge the importance of recognizing this day.
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.
Messages from the Senate
House Bill No. 5885, entitled
A bill to amend 1931 PA 285, entitled "An act to provide for city, village and municipal planning; the creation, organization, powers and duties of planning commissions; the regulation and subdivision of land; and to provide penalties for violation of the provisions of this act," by amending sections 7b, 8, and 8a (MCL 125.37b, 125.38, and 125.38a), sections 7b and 8a as added and section 8 as amended by 2001 PA 265.
The Senate has passed the bill and ordered that it be given immediate effect.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5886, entitled
A bill to amend 1959 PA 168, entitled "An act to provide for township planning; for the creation, organization, powers and duties of township planning commissions; for the regulation and subdivision of land; and to prescribe penalties and provide remedies," by amending sections 7b, 8, and 9 (MCL 125.327b, 125.328, and 125.329), section 7b as added and sections 8 and 9 as amended by 2001 PA 263.
The Senate has passed the bill and ordered that it be given immediate effect.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5960, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 78101 (MCL 324.78101), as amended by 2004 PA 587, and by adding section 78117.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1180 Yeas--94
Accavitti Ebli Law, David Proos
Acciavatti Elsenheimer Leland Rocca
Adamini Emmons Lemmons, Jr. Sak
Anderson Espinoza Lipsey Schuitmaker
Angerer Farhat Marleau Shaffer
Ball Farrah Mayes Sheltrown
Baxter Gaffney McDowell Smith, Alma
Bennett Gillard Meadows Smith, Virgil
Bieda Gleason Meisner Spade
Booher Gonzales Meyer Steil
Brown Green Miller Stewart
Byrnes Hansen Moolenaar Taub
Byrum Hildenbrand Moore Tobocman
Casperson Hood Mortimer Vagnozzi
Caswell Hopgood Murphy Van Regenmorter
Caul Huizenga Newell Vander Veen
Cheeks Hummel Nitz Walker
Clack Hunter Nofs Ward
Clemente Jones, Hayes Palsrok Waters
Condino Jones, Rick Pavlov Wenke
Cushingberry Kahn Pearce Williams
DeRoche Kolb Plakas Wojno
Dillon Kooiman Polidori Zelenko
Donigan LaJoy
Nays--11
Brandenburg Gosselin Palmer Sheen
Drolet Hoogendyk Pastor Stahl
Garfield Hune Robertson
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1101, entitled
A bill to amend 1993 PA 331, entitled "State education tax act," by amending section 5b (MCL 211.905b), as amended by 2004 PA 543.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
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.
Senate Bill No. 162, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 521a.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Regulatory Reform (for amendment, see House Journal No. 87, p. 2737),
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.
Senate Bill No. 163, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 521 (MCL 436.1521), as amended by 1998 PA 282.
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.
Senate Bill No. 1399, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 226a (MCL 257.226a), as amended by 2002 PA 642.
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.
Senate Bill No. 1288, entitled
A bill to establish the Michigan works one-stop service center system to deliver workforce development programs and services tailored to local needs; to provide for Michigan works areas; to provide for local workforce development boards; to provide for education advisory groups; to provide for consolidated access to employment and retention programs in one-stop service centers; and to prescribe the powers and duties of the Michigan works one-stop service center system and of certain state and local governmental officers and agencies.
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.
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
Senate Bill No. 1288, entitled
A bill to establish the Michigan works one-stop service center system to deliver workforce development programs and services tailored to local needs; to provide for Michigan works areas; to provide for local workforce development boards; to provide for education advisory groups; to provide for consolidated access to employment and retention programs in one-stop service centers; and to prescribe the powers and duties of the Michigan works one-stop service center system and of certain state and local governmental officers and agencies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1181 Yeas--105
Accavitti Elsenheimer LaJoy Proos
Acciavatti Emmons Law, David Robertson
Adamini Espinoza Leland Rocca
Anderson Farhat Lemmons, Jr. Sak
Angerer Farrah Lipsey Schuitmaker
Ball Gaffney Marleau Shaffer
Baxter Garfield Mayes Sheen
Bennett Gillard McDowell Sheltrown
Bieda Gleason Meadows Smith, Alma
Booher Gonzales Meisner Smith, Virgil
Brandenburg Gosselin Meyer Spade
Brown Green Miller Stahl
Byrnes Hansen Moolenaar Steil
Byrum Hildenbrand Moore Stewart
Casperson Hood Mortimer Taub
Caswell Hoogendyk Murphy Tobocman
Caul Hopgood Newell Vagnozzi
Cheeks Huizenga Nitz Van Regenmorter
Clack Hummel Nofs Vander Veen
Clemente Hune Palmer Walker
Condino Hunter Palsrok Ward
Cushingberry Jones, Hayes Pastor Waters
DeRoche Jones, Rick Pavlov Wenke
Dillon Kahn Pearce Williams
Donigan Kolb Plakas Wojno
Drolet Kooiman Polidori Zelenko
Ebli
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 motion prevailed, 2/3 of the members serving voting therefor.
Comments and Recommendations
Rep. Ward moved that the following remarks be printed in the Journal.
The motion prevailed.
Rep. Lipsey:
"Thank you Mr. Speaker.
I can remember sitting here four years ago listening to the retiring members in 2002 reflecting upon their time in the legislature and wondering what I would say when it came my time to leave this august body. I thought of what great legislation I would author, what wonderful changes would occur and how the people of Michigan would see a new day in our wonderful state.
Of course little of my vision has been accomplished. Partially this is due to the albatross we are all under, term limits. And partially this is due to the fact that my agenda conflicted with so many of my colleagues. Clearly, this body is infinitely more complex than our local city councils.
Perhaps that should serve as a warning to all of us. While we can celebrate our limited successes, we should be mindful that most of what we seek to accomplish up here will be thwarted one way or another. Perhaps our founding fathers had it right to make government so difficult. We should be wary of changes which occur too quickly. We should also recognize that the public has a right to be stupid in their choices. Still however, it is frustrating to see what should be done and not be able to 'get 'er done'. All of us, majority or minority will face this challenge. We either will stew in our frustrations or find greater reward in our service with the knowledge that ten years from now only our families will truly remember we were here.
I find that it is increasingly difficult to remember the legislation I have worked on or even passed. What I do remember are the relationships, friendships and antics we have shared over the last six years. Things like: Paula Zelenko ordering a drink for my wife in San Antonio, or Chris Kolb eating a 24 oz steak in Indianapolis, or John Stewart, Ken Daniels and friends singing our National Anthem acappella for one of our midnight sessions, or Rich Brown and Steve Adamini teaching us various Finnish expressions. All those kinds of experiences have caused me to characterize the body of the house as 109 kindergartners and 1 middle school student (guess who that was, Chris?). This crazy quilt of emotions, vendettas, and selfless sacrifice form the fabric of public policy development. We can get it right sometimes. Other times...
Through this institution, I have been able to meet Coretta Scott King, Bill Clinton, Millard Fuller, and a host of citizens around this state who have reinforced my conviction that this is the greatest country in the world. To paraphrase Eleanor Roosevelt, I pray that everything I do in this House makes me worthy of the trust and sacrifice of our citizens.
I have been most proud of this institution during two weeks in the middle of my second term here. In a series of debates which would be worthy of a class model of how a legislature should behave, we took on the issues of gay marriage and the death penalty in consecutive weeks. Chris was the last speaker on the gay marriage issue; I was the first. Speakers from both sides of the aisle spoke with passion, conviction and purpose. We did not question the motives or sincerity of each speaker and I believe all of Lansing stopped to listen to our dialogue. It was truly a time of honor to be in this House. It is unfortunate we have not made that kind of public discourse the rule rather than the exception. I hope those of you remaining will help move the House in that direction.
I must start my thank you's with the anchor of my life, my wife Anne. She was the first elected official in our family and she has continued to be my political lighthouse helping me steer clear of the rocks of too much self importance, too great an investment in a particular position, or too much paranoia. Anne helps me 'keep it real'.
I have truly been privileged to serve with extraordinary colleagues. People like Buzz Thomas, Joe Rivet, Paul Condino, Keith Stallworth, Carl MacArthur Williams, Jim Plakas, Mo Hood, Clarence Phillips, Ruth Ann Jamnick, and my seatmate Chris Kolb. Not only those people but also Bill Van Regenmorter, Doug Hart, Rick Shaffer, Larry Julian, John Stewart, Bruce Patterson and especially Jim Howell have helped me be a better legislator and a better person.
I know I have a reputation in this body but I am only a tool skillfully utilized by Julie Vogel, my chief of staff, Darren Parks, Emily Dievendorf-Davis, Juanita Holley, my office staff; as well as Coffiann Hawthorn, Bill Flory, Bruce Timmons, and Monique Field have worked their magic on this institution through me. I thank them and you for the opportunity to so used.
I cannot speak of my life in the legislature without talking about my seatmate. Chris and I will forever be entwined in a mistaken ad in the party's Jefferson-Jackson program. We share a major employer, we each went to school in the other's community, I am relatively quiet, he is...well there's no mistaking where he is when he laughs. We share a passion for the environment. When I need to know what's happening on the other side of the aisle, I turn to Chris. I think we work as well as any paired legislators in the house. Chris, you have taught me volumes about how Lansing works and how to get things done. I thank you for your friendship, your wisdom and your work here in the house. We need to find a way to keep you here in Lansing.
We are on a pilgrimage towards the state we all want to have. We have a long way to go and I cannot be here to vote with you. We have work to do to make our state competitive for new business and the jobs they bring. We have an imperfect educational system which needs work to give all our children an opportunity to succeed in this world. We have a health care system which is a mess. Our environment is in great peril. There are a lot of issues facing our state. We have not made much progress in these areas. We need to pick up the pace, rather YOU need to pick up the pace. The people need you to seriously work on these problems. It may not be fair or reasonable but it is your responsibility now.
This is a special place, Michigan. Legend has it that this is where God placed his hand to set the world a spinning. Let us treat this place and each other with the love and respect they deserve.
I'd like to leave you with a statement attributed to a seventeenth century Scottish jurist. The average age of any democracy throughout history is 200 years. They evolve in the following way: First they begin in bondage from which they emerge through spiritual faith. They then develop through the stages of courage and liberty to emerge to an era of abundance. Next come the stages of selfishness, complacency, apathy, dependence and finally, a return to bondage.
I pledge to do everything I can to break this cycle. Will you?"
Rep. Gleason:
"Proverb, 16:16 To get wisdom is better than gold. To get understanding is to be chosen rather than silver.
We determine the resources and how they are spent between the ill and the healthy--the dying and the cured--the troubled and suffering and those in comfort. What a terrible responsibility!
I am honored by the opportunity bestowed upon me by my family, friends, volunteers and citizens of the 48th district and beyond.
There is no professionalism without professionals. I have seen a true leader with a caring heart such as a nurse, the compassionate soul of a cleric and the wisdom of Solomon. Her leadership and stewardship turned the political philosophy of the great state of Michigan. Dianne Byrum--a trying start led to a stirring November victory. She deserved to be speaker.
Talk about nepotism: Byrum's daughter Barb has a legacy cast to her. Byrum met with Barb and told her she had a strong political name that she could ride to political victory. Barb said she didn't really think the name would help that much as she knew many with the name Barb.
My fellow Representatives I have learned much in four years. Such as:
We always wondered what Rep. Joe H. Hune's middle initial stood for. And then at one event in his home we saw towels in his bathroom from the Hyatt Hotels...Rep. Fred Miller is not really tight it's just that his pockets always outlast the rest of his suit...Rep. John Stakoe clasps his hands so tight in church during prayers that he can't get them open when the collection basket goes around...
As for the back row firm--Bieda, Condino and Lipsey...they remind me of the story relayed by an attorney out of New York City about an old farmer, with his horse and wagon going for a load of grain, who was struck head-on. The farmer suffered severe and permanent injuries. When the case was tried to a jury, the insurance company lawyer asked him, 'Isn't it true that immediately after this accident a person came over to you and asked you how you felt?' 'Yes, I remember that,' the farmer said. 'And didn't you tell him that you never felt better in your life?' 'I guess I did.' The defense lawyer said, 'No further questions.' On redirect, the farmer was asked, 'Will you tell the jury the circumstances in which you made that response?' 'Yes,' the farmer said. 'Immediately after the accident, my horse had two broken legs and was neighing and kicking. The man who came along was a deputy sheriff. He put his revolver to the horse's ear and shot him dead. Then he went over to the dog, which had a broken back and was crying. He put his gun to the dog's ear and shot him dead. Then he came to me and asked me, "How do you feel?" "I said I never felt better in my life!"'
'He who will not answer to the rudder must answer to the rocks.' Hervé. There is no optimism without optimists. We were all reminded about the moral obligation we have with the passing of a 5 month old baby boy, Kyle Horning. His organs were donated to a 42 year old lady in Pittsburgh, PA. His little heart and liver were gifted to people from Missouri and Illinois.
Further, starting this New Years Day a heart logo will go on your driver's license if you will be a donor. Be a donor!
There is no patriotism without patriots. Iraq is a far away land that has been the bearer of American lives given by the world's bravest souls. My nephew, Scott Sather, who died April 6, 2003 was among them. Somebody's child spent for the ideals of democracy. Many of our districts have felt this loss of our hero's.
Some will say there is no death without life. My faith makes me state there is no life without death. My class of '03 met the news that Rep. Jerry Kratz had died on our first day. Herb Kehrl another Representative dying doing what he spent a lifetime trying to achieve. Senator Jason Allen's loss of a new born child, and now Bruce Caswell's father. These are among the many family and personal losses we have endured together. These deaths put our work as temporary and in perspective for us.
My closing remarks are from Longfellow:
Let him not boast who puts his armor on, as he who puts it off--the battle done. Study yourselves; and most of all note well wherein kind nature meant you to excel."
Rep. Lemmons, III entered the House Chambers.
By unanimous consent the House returned to the order of
Second Reading of Bills
Senate Bill No. 670, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 33901, 33902, 33903, 33904, 33908, 33910, 33911, 33916, 33924, 33929, and 33935 (MCL 324.33901, 324.33902, 324.33903, 324.33904, 324.33908, 324.33910, 324.33911, 324.33916, 324.33924, 324.33929, and 324.33935), as added by 1995 PA 59; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Appropriations (for amendments, see House Journal No. 67, p. 1888),
The amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Pavlov 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. Ward 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. Sak moved that Rep. Dillon be excused temporarily from today's session.
The motion prevailed.
Rep. Pastor moved that Reps. DeRoche and Huizenga be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 670, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 33901, 33902, 33903, 33904, 33908, 33910, 33911, 33916, 33924, 33929, and 33935 (MCL 324.33901, 324.33902, 324.33903, 324.33904, 324.33908, 324.33910, 324.33911, 324.33916, 324.33924, 324.33929, and 324.33935), as added by 1995 PA 59; 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. 1182 Yeas--103
Accavitti Emmons Leland Robertson
Acciavatti Espinoza Lemmons, III Rocca
Adamini Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McDowell Sheltrown
Bennett Gleason Meadows Smith, Alma
Bieda Gonzales Meisner Smith, Virgil
Booher Gosselin Meyer Spade
Brandenburg Green Miller Stahl
Brown Hansen Moolenaar Steil
Byrnes Hildenbrand Moore Stewart
Byrum Hood Mortimer Taub
Casperson Hoogendyk Murphy Tobocman
Caswell Hopgood Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Cheeks Hune Nofs Vander Veen
Clack Hunter Palmer Walker
Clemente Jones, Hayes Palsrok Ward
Condino Jones, Rick Pastor Waters
Cushingberry Kahn Pavlov Wenke
Donigan Kolb Pearce Williams
Drolet Kooiman Plakas Wojno
Ebli LaJoy Polidori Zelenko
Elsenheimer Law, David Proos
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 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending sections 30113, 33901, 33902, 33903, 33904, 33908, 33910, 33911, 33916, 33924, 33929, and 33935 (MCL 324.30113, 324.33901, 324.33902, 324.33903, 324.33904, 324.33908, 324.33910, 324.33911, 324.33916, 324.33924, 324.33929, and 324.33935), section 30113 as amended by 2004 PA 325 and sections 33901, 33902, 33903, 33904, 33908, 33910, 33911, 33916, 33924, 33929, and 33935 as added by 1995 PA 59; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6474, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 16904 and 16905 (MCL 324.16904 and 324.16905), section 16905 as amended by 2002 PA 496.
The bill was read a second time.
Rep. Pavlov 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. Pastor moved that Rep. Walker 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. 6474, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 16904 and 16905 (MCL 324.16904 and 324.16905), section 16905 as amended by 2002 PA 496.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1183 Yeas--100
Accavitti Elsenheimer Leland Proos
Acciavatti Emmons Lemmons, III Robertson
Adamini Espinoza Lemmons, Jr. Rocca
Anderson Farhat Lipsey Sak
Angerer Farrah Marleau Schuitmaker
Ball Gaffney Mayes Shaffer
Bennett Gillard McDowell Sheen
Bieda Gleason Meadows Sheltrown
Booher Gonzales Meisner Smith, Alma
Brandenburg Green Meyer Smith, Virgil
Brown Hansen Miller Spade
Byrnes Hildenbrand Moolenaar Stahl
Byrum Hood Moore Steil
Casperson Hopgood Mortimer Stewart
Caswell Huizenga Murphy Taub
Caul Hummel Newell Tobocman
Cheeks Hune Nitz Vagnozzi
Clack Hunter Nofs Van Regenmorter
Clemente Jones, Hayes Palmer Vander Veen
Condino Jones, Rick Palsrok Ward
Cushingberry Kahn Pastor Waters
DeRoche Kolb Pavlov Wenke
Dillon Kooiman Pearce Williams
Donigan LaJoy Plakas Wojno
Ebli Law, David Polidori Zelenko
Nays--5
Baxter Garfield Gosselin Hoogendyk
Drolet
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6475, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 16908b.
The bill was read a second time.
Rep. Gillard 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. Sak moved that Rep. Accavitti 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. 6475, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 16908b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1184 Yeas--105
Acciavatti Emmons Law, David Proos
Adamini Espinoza Leland Robertson
Anderson Farhat Lemmons, III Rocca
Angerer Farrah Lemmons, Jr. Sak
Ball Gaffney Lipsey Schuitmaker
Baxter Garfield Marleau Shaffer
Bennett Gillard Mayes Sheen
Bieda Gleason McDowell Sheltrown
Booher Gonzales Meadows Smith, Alma
Brandenburg Gosselin Meisner Smith, Virgil
Brown Green Meyer Spade
Byrnes Hansen Miller Stahl
Byrum Hildenbrand Moolenaar Steil
Casperson Hood Moore Stewart
Caswell Hoogendyk Mortimer Taub
Caul Hopgood Murphy Tobocman
Cheeks Huizenga Newell Vagnozzi
Clack Hummel Nitz Van Regenmorter
Clemente Hune Nofs Vander Veen
Condino Hunter Palmer Walker
Cushingberry Jones, Hayes Palsrok Ward
DeRoche Jones, Rick Pastor Waters
Dillon Kahn Pavlov Wenke
Donigan Kolb Pearce Williams
Drolet Kooiman Plakas Wojno
Ebli LaJoy Polidori Zelenko
Elsenheimer
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 motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Accavitti, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call No. 1184. Had I been present, I would have voted 'yea'."
Second Reading of Bills
House Bill No. 6476, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16906 (MCL 324.16906), as amended by 2002 PA 496.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources, Great Lakes, Land Use, and Environment,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Palsrok 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.
Notices
Rep. Plakas, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call Nos. 1176-1179. Had I been present, I would have voted 'yea'."
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6476, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16906 (MCL 324.16906), as amended by 2002 PA 496.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1185 Yeas--106
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Leland Robertson
Adamini Espinoza Lemmons, III Rocca
Anderson Farhat Lemmons, Jr. Sak
Angerer Farrah Lipsey Schuitmaker
Ball Gaffney Marleau Shaffer
Baxter Garfield Mayes Sheen
Bennett Gillard McDowell Sheltrown
Bieda Gleason Meadows Smith, Alma
Booher Gonzales Meisner Smith, Virgil
Brandenburg Gosselin Meyer Spade
Brown Green Miller Stahl
Byrnes Hansen Moolenaar Steil
Byrum Hildenbrand Moore Stewart
Casperson Hood Mortimer Taub
Caswell Hoogendyk Murphy Tobocman
Caul Hopgood Newell Vagnozzi
Cheeks Huizenga Nitz Van Regenmorter
Clack Hummel Nofs Vander Veen
Clemente Hune Palmer Walker
Condino Hunter Palsrok Ward
Cushingberry Jones, Hayes Pastor Waters
DeRoche Jones, Rick Pavlov Wenke
Dillon Kahn Pearce Williams
Donigan Kolb Plakas Wojno
Drolet Kooiman Polidori Zelenko
Ebli LaJoy
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 motion prevailed, 2/3 of the members serving voting therefor.
Comments and Recommendations
Rep. Ward moved that the following remarks be printed in the Journal.
The motion prevailed.
Rep. Brown:
"Thank you Mr. Speaker.
I had my entire farewell speech planned out last week and had most of it down on paper...and then came Tuesday afternoon's surprise, so I needed to do a revision.
The group that preformed on the house floor is called Marty's Goldenaires. It is a senior drum and bugle corps formed in 1950 by a man named Marty Lameroux. The first drum major or director of Marty's was a six foot six gentleman from Bessemer named Richard Brown...my father. In 1983 I joined the corps and in 1986 I was named the corps drum major and have had the job ever since. The corps...not the band...is affiliated with Bessemer American Legion Post 27 and the ages of the members range from 16 to several members in their seventies. One of the members is my son Ryan, who was the first third generation member of the corps. I cannot begin to tell you the emotions I felt when the corps marched on to the house floor to my total surprise. I need to thank several people for making that very special moment happen.
First Speaker DeRoche
Thank you for suspending a long held rule prohibiting musical units from performing on the house floor, the sight of the Goldenaires in this chamber is something I will never forget. Apparently you do have as much control over the house as the pope has over the Vatican.
Thank you to Minority Leader Byrum for hiding 45 guys in gold uniforms in your office for several hours.
Thank you to Senator Gretchen Whitmer and Kris Kraft from Senator Prusi's office for all you did to make this happen. Thank you to all those who contributed to the sizeable expense of bringing the Goldenaires down from the UP, and most importantly I need to thank my former mentor, colleague and now state fire marshal Andy Neumann. Andy has been a close friend since before I became a member of this chamber. Andy was the person who was the driving force behind making that moment happen. I am forever grateful to him.
Well it has been almost six years and nearly 350,000 miles since I was first sworn in to this office in 2001.
Do you realize 350,000 miles is more than enough miles to drive to the moon and I must confess there were days in this chamber where I could have been convinced I was on the moon.
I have so many people to thank and so little time to do it that I know I cannot mention everyone who has had an impact on me during my time in this. So let me begin by saying to you my colleagues here today and those I have served with in the past, thank you for your friendship and service. It has been my honor and privilege to serve with you all.
First I must thank the people who sent me here in the in the first place. The people of the 110th district. I know you did not all vote for me and many of you probably disagreed with me on a decision I may have made, but I hope you know the interests of my district were my number one priority and it has been a great honor for me to represent you in Lansing.
I need to thank those people who were charged with the impossible task of trying to make me look good...my staff. Kim Whitely has been with me from the beginning and now along with Todd Gauthier make up the best staff a legislator could have. You're both great and I know Mike Lahti and the people of the 110th will benefit from your continued service. I also must mention Steve Orwat and Mark Polsdofer who worked with me but who moved on to bigger and better things. Thank you all for what you have done. You simply are the greatest.
My seatmate and friend Steve Adamini. We have sat together for our entire six years, so I have had a front row view of the entire six year Steve Adamini saga. It's been an experience to say the least. Many of my colleagues on the republican side of the aisle have jokingly said that although they are disappointed to be going into the minority next year they are relieved not to have Steve to contend with. Truthfully, that statement shows a lack of understanding of Steve Adamini. There is no greater champion in this chamber for the rights of the minority and to make sure every voice is heard than this man. We did not know each other before taking office, but I leave here with a wonderful friend.
My leader Dianne Byrum. Thank you for showing the faith and trust in me that you have. What you have done for this caucus is nothing short of miraculous. From that morning back in 2002, after losing five seats, when a small group of us got together to chart a new course for this caucus I have never been disappointed in the choice I made that day. Thank you Madame Speaker.
Carl MacArthur Williams...you were the first person I met here in Lansing back in 2000 as we sat together early in the morning in then minority floor leader Kwame Kilpatrick's office waiting to be lobbied for a votes for leadership. Your passion to do the best for your constituents and your loyalty is second to none. If at anytime in the future you question if you have done enough...just look back at this moment and notice that because of you, I am not wearing a button down collar. Most call you Carl, some have called you Clarence, but to me you will always be wojo.
When I was elected, it never occurred to me that my best friend and closest confidant in the legislature would be a female state rep from East Lansing who was from a well known family and who would be seen as a rising star in state politics, but then I met Gretchen Whitmer at our first caucus retreat. Much of the success I have had in my short time in Lansing can directly be linked to my friendship with Gretchen. As Gretchen climbed the leadership ladder she brought me along with her every step of the way. I can honestly say that without her council her loyalty and confidence in me, my time here may have been very forgettable and may I add that her two pregnancies and her demotion to the state senate helped too. Thank you so much.
Chairman Scott Hummel, thank you for being so gracious to me during the last year on the appropriations committee. With the exception of that ugly night last may in this chamber, I think you and I have worked well together and I just wanted to say I appreciated it.
I served my entire six years on appropriations and worked with a number of people on the other side of the aisle who I want to thank. People such Dave Mead, Charlie LaSata, Scott Shackleton, Mike Pumford, Gary Newell, Bruce Caswell, Goeff Hansen, David Farhat, Howard Walker, John Pastor (on DNR not so much for DEQ) and John Stewart whose committee meetings were the most entertaining I've ever attended and Senator's Harry Gast and Shirley Johnson.
To my democratic colleagues on appropriations, thank you for your hard work and your trust in me. It was an honor to serve with you...yes even you Mike Sak. I do need to say a special thank you to Chris Kolb. Rep. Kolb was more than qualified to become the ranking democrat on appropriations last March and I'm sure he wanted it. When I got the position, Rep. Kolb could have backed away and let me sink on the job, but instead he became my 'left hand' man on the committee and his work on the tough issue of welfare reform has been tremendous. Thank you for everything Chris.
Reps. Condino, Clemente, Hood and Dillon, thank you for the kind words of support you have had for me, especially in the last year. I'm not sure it was always deserved, but it meant a great deal to me to know I had your respect and confidence.
I need to recognize that small gang of fourteen democrats who made up our freshmen class back in 2001. I remember our early morning meetings at the Parthenon discussing how we could be relevant to the process. Bill McConico, SandyLipsey, Chris Kolb, Paula Zelenko, Carl Williams, Steve Adamini, now Senator Gretchen Whitmer, now Senator elect GlennAnderson, the mayor of Pontiac, Clarence Phillips, the mayor of Lansing Virg Bernero, the outgoing head of the legislative black caucus Mike Murphy, floor leader Mary Waters, Leader Dianne Byrum who was a late addition to our class and last but not least...the potted plant my friend and ally Jim Plakas. I think all in all we were a pretty relevant group.
I want to thank Clerk Gary Randall and assistant clerk Lindy Benedict and their staff for the work they do in trying to make the house run smoothly.
Thanks to Bill, Rick, John and all of the sergeants.
To the members of the lobby corps. You have a tough job to do and the vast majority of you do it with honesty and integrity. You have my respect and thanks.
Thank you to all the central staff on both sides of the aisle. You do outstanding work. I need to especially thank the democratic staff members who do a great job under tough circumstances with limited numbers. A perfect example is Dana Gill, who took over the appropriations work at the same time as I did. Dana you did an incredible job and our entire caucus is in your debt.
And now the hard part...I want to thank and try to express to my wife Ann Marie, who could not be here this week because she is home helping care for her father who is recovering from surgery and my son Ryan and daughter Emily who were here Tuesday, how much I love them and appreciate the sacrifices they have made. I think we all know that the requirements of this office place a burden on your partners and spouses and family. Ann Marie, Ryan and Emily...I love you and thank you for helping me live out my dream.
Finally, if I can leave here with any request to those that follow me in this chamber it is that we need to restore the great traditions that once were a trademark of this house...the people's house. Talk to former members who served before term limits took a toll on those traditions, these members, who I fondly call the 'oldtimers' (sorry Mr. Clerk and Cush) are all around this town and this state. I believe the further we move away from those traditions the importance and respect for what we do here will decline. I am asking each of you to make sure that I can always say with great pride...I was a member of the Michigan House of Representatives.
Thank you all...it's been a hell of a ride."
Rep. Murphy:
"Thank you.
If I knew you, and you knew me, and each of us could clearly see, by that in the light divine the meaning of your life and mine, we would claps our hands in friendliness and then we would differ less, if I knew you and you knew me.
I give honor to God who is the head of my life. Mr. Speaker, Craig DeRoche, our floor leader Chris Ward, our democratic leader Diane Byrum, democratic floor leader Mary Water, to all of my colleagues here gathered, to all of the staff and the employees of the Michigan House of Representatives. Let me first begin by just saying thank you. If I had ten thousand tongues it would still come out the same, thank you, for allowing me to be a part of this great institution called the Michigan House of Representatives.
Before I get into my remarks, let me say that the poem I shared with you was part of my first prayer that I offered here in this chamber and that it is an ideal that I strive for and one that I hope all of you and those coming after us will strive for, to differ less and to find ways to agree. Let me just say thank you, first, to my wife, Bonita, to my family, my children, Brandon and Rachel who are away at college, my granddaughter, Danielle. Let me say thank you to my late parents and I want to thank all of you for your prayers and support. My mother passed away a week ago on Monday, my father had passed away 13 months ago. They had married for 65 years, teenage sweethearts and I'm so glad they are reunited together in eternity. They never had an opportunity to come from Chicago to visit the chambers here, but I know that their encouragement, their love, and their spirit helped me make it through every day of session over the course of these last six years.
I want to thank, the officers and members of my church, St. Stephen's Community Church, United Church of Christ. I have been very fortunate to serve in this chamber and also to continue as senior pastor of St. Stephen's Community Church on the west side of Lansing. I want to say thank you again to the officers, leaders and the members of our church for their support.
I want to thank my staff Janelle Houston, Patricia Hemmingway, Lindsay Hare and Griffin Rivers. I want to thank those who have served with me when I first came on Kim Beattie, Martha Miles, and Deborah Riddick. I want to thank all of the interns who have worked in my office over the course of these six years.
I want to thank my friend and democratic leader Dianne Byrum, for her friendship and for her leadership in this chamber. We will continue to help make mid-Michigan a great community as we both depart from this chamber. I want to thank my seat mate and friend, who is our state Senator, Gretchen Whitmer my dear friend, for all of her friendship and encouragement over the years. I want to thank Deborah Kahlie. Deborah was on our democratic staff when I first came here, who helped guide me through some legislation. I want to thank my friend and sister Felicia Wason for all that she has done from me in the course of my public life.
I want to thank those who have served in this chamber, people like Kwame Kilpatrick, Keith Stallworth, Ken Daniels, Triette Reeves, Nancy Quarles and so many others I want to thank. I don't want to get into calling names because, as Steve pointed out, that can be dangerous because you may miss somebody, but certainly my seat mate of Virgil Smith Jr., who I have come to know and come to admire. I see so much great potential in Virgil and certainly want to see him go higher and higher. And to all of my friends here, George Cushingberry, we go way back to when I was a staffer in the Senate and he was young legislator coming from Detroit.
To the people of the 68th district, I want to say thank you and again if I had ten-thousand tongues it would still be the same. It's been an opportunity and a great pleasure to work together in this great institution on behalf of the people of the Great Lake state of Michigan. This is the people's House. I've been blessed as you have to meet so many good people over the course of these six years who genuinely care about the people of this state, who care about good public policy and who have demonstrated that it's not always about partisanship. Yet there are others that have been and are part of this institution, who have been about partisanship, who have caused me to question why they are so opposed to helping the least of these, why they are so opposed and very partisan and ideological, especially when it comes to the great city of Detroit. I've experienced that here in this chamber and it has caused me to wonder about their call to service.
As a friend said many years ago, as we were departing from college 'It's been real.' All I can say right now is 'It's been real.' It's been a real experience to have shared with all of you, this experience of being a legislator.
When I first came I had the advice of an older elder from down south, who would say that 'it sounds pretty good and it might be so, but I don't believe a word of it.' I've used that as I've heard arguments on both sides, pro and con, Democrat and Republican, making arguments why a certain bill should be supported or a certain bill should be opposed. It sounds pretty good and it might be so, but I found myself not believing everything I've heard on this floor, separating fact from fiction. People have asked me over the years, 'You're a pastor and a preacher, how could you go into public life, how can you be a politician as if that's some type of greasy slide from being pastor to being in public life.' And I always tell them, I say, it's about service, it's about doing the work of the people, because the people hold great hope for those of us who come here and so as one of the only clergy, you know I said earlier I wasn't going to be chaplain of the Michigan House of Representatives, so I wouldn't always come up and pray. But I wanted to be here as we developed relationships to, from time to time, use my experience to help people past the disappointments, to help people to keep their perspective, and to help people realize that one day this experience is going to come to an end. It's certainly mine and others.' Our experience here has come to an end. So it's been real. It's been real and I thank God for this opportunity.
Let me just say a couple other things and then I'll sit down. I'm reminded, if I may since I've got the floor, reminded of a story. A little Jewish boy, a little black boy who are growing up together, they were friends and one day the little Jewish boy invited the little black boy to go to the synagogue for worship. And so he went and when the cantor was singing and doing her things, the little black boy said, 'What they doing?' The little Jewish boy explained what they were doing. And so when the rabbi did his thing and the little black boy asked the little Jewish boy 'What is he doing?' and he would explain it. So the little black boy invited the little Jewish boy to this church and said 'come I want you to experience my church.' So he came and so as the choir was singing and there's people clapping their hands. The little Jewish boy said 'What are they doing?' the little black boy explained, 'well, they are just praising the Lord.' He heard people saying 'Amen' and he said 'Why do they keep saying Amen?' And the little black boy said 'Oh, that is because they're praising the Lord.' So it was the time for the preacher to get up and preach. So the preacher sort of did like this, took off his watch and put it down like that. The little Jewish boy said 'What does that mean?' and the little black boy said 'It don't mean a doggone thing. It don't mean a thing. Because we could be here for a few minutes or we could be here for a few hours.' Well I'm going to put my watch back on, because we don't want to be here too long.
Let me just say as chair of the Michigan Legislative Black Caucus, it's been a great honor to serve in that capacity during the last two years and I want to congratulate Representative Brenda Clack on her election this morning as the next chair of the Michigan Legislative Black Caucus. I want to thank my colleague Barb Vander Veen. We have served as co-chairs of the Children's Caucus. I want to thank her for that and for those who will continue to make sure that early childhood education is still on the map and part of the agenda.
I want to thank Representative Clack and Representative Moolenaar for their breakfast group that meets. It has enriched my life to hear the stories of other legislators and their faith walk and how they became who they are today.
I want to thank all of the committee chairs and vice chairs that I've had the opportunity to serve on: Appropriations Committee, the Commerce Committee, the Transportation Committee, the Energy and Technology Committee, the Family and Children Services Committee. I have learned so much and have been enriched because of that experience. When I first came into the legislature, that first session, first term not one bill that I sponsored was passed into law. And I understand why certain things happened during that first session. But in my second term of office I had my first bill pass and it had to do with organ donation and then after that I had the Jasmine Miles child safety bill pass that would protect young school age children across this state. And then a bill that would strengthen the children's trust fund. I want to take this time to thank Governor Jennifer Granholm for signing into law, the bills that I have sponsored and for opening up that opportunity to have bills enacted into public law.
During these six years I have had my mountain top experiences though yesterday we heard Steve Adamini talk about his mountain top experience. Certainly, receiving different honors and awards have been a great honor for me and my family. To receive the Champion of Hope Award from the Kidney Foundation, to have received the NAACP President's Award and to have received an honorary degree from Olivet College has surely been high moments in my career.
But I've also had some valley experiences, I've lost both parents, I've lost a brother, the passage of Proposal 2, regardless of where you're at, in my view that was a valley experience because it's so important that we have opportunity in this state of Michigan. During this time the reports about Michigan, Michigan being one of the most segregated states, Michigan's hate index going up, the unemployment index going up, the misery index going up, racism, sexism, homophobia going up. Those are valley experiences, those are the dark side. There's always a bright side, but there is a dark side and I think those of us will need to continue to address these issues to make Michigan a better place.
In September 2005 when hurricane Katrina hit the Gulf Coast, many of us gathered together under the leadership of the Michigan Legislative Black Caucus. We got the Governor, Lt. Governor, the Mayor of Detroit, and others involved. Michigan was one of the first states to respond. Some of our colleagues spent weeks down in the Gulf Coast states working on repairing houses. Michigan's response to Katrina has been a great response and I want to commend this institution for its role in responding to hurricane Katrina. And for people like Dr. Freya Rivers, who called the Governor, who called the Lt. Governor and said that Michigan has to do something. A regular citizen who wanted to make sure that Michigan would not miss this historic opportunity to play a role in helping the people of the Gulf States.
As I come to a close, let me say that this chamber is filled with good people with good intentions, who are passionate about issues, who are passionate about representing the people that sent them here. I'm a better person because of all of you. I'm a better person because I have spent this time over these six years with all of you. Now it's time for me to move off of this stage, it's time for me to move on. As the Apostle Paul would say 'I've run my course.' You can say Amen. Paul said 'my departure is at hand, I have fought a good fight, I have finished course, I have kept the faith.' I want to encourage all of you to keep the faith, I want to encourage you to increase the good for the state of Michigan.
I want to say to Speaker-elect Andy Dillon, and to all of my colleagues on this side who will be in positions of leadership, we are praying for you and know that you will take this task seriously and responsibly because Michigan stands in great need during this time of history. Well, let me just quote scripture again and then I'm going to sit on down. Finally, 'brothers and sisters, whatever things are true, whatever things are honest, whatever things are just, whatever things are pure, whatever things are lovely, whatever are of good report, if there be any virtue, and if there be any praise, think on these things. Those things which you have learned, received, heard and seen in me, do and the God of peace will be with you.' (Philippians 4:8)
Thank you again and I'm glad to have been in this number, this number of 110. But there is another number I want to be in one day. Oh, come on somebody. There's another number. I'm glad to have been part of this 110. But there's another number that I want to be a part of. I don't have a band like my colleague from the U.P. had yesterday. I wish I just had one trumpeter and one trombone player who could join with me in a song that says the number I want to be a part of. 'Oh, when the saints, go marching in, oh when the saints going marching in, oh I want to be in that number, when the saints go marching in.'
God bless you."
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 5890, entitled
A bill to amend 1978 PA 566, entitled "An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees;to prohibit the holding of incompatible public offices; and to provide certain judicial remedies," by amending section 3 (MCL 15.183), as amended by 2004 PA 110.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Espinoza 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. Sak moved that Rep. Dillon be excused temporarily from today's session.
The motion prevailed.
Rep. Pastor moved that Rep. DeRoche 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. 5890, entitled
A bill to amend 1978 PA 566, entitled "An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees;to prohibit the holding of incompatible public offices; and to provide certain judicial remedies," by amending section 3 (MCL 15.183), as amended by 2004 PA 110.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1186 Yeas--103
Accavitti Emmons Leland Robertson
Acciavatti Espinoza Lemmons, III Rocca
Adamini Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McDowell Sheltrown
Bennett Gleason Meadows Smith, Alma
Bieda Gonzales Meisner Smith, Virgil
Booher Gosselin Meyer Spade
Brandenburg Green Miller Stahl
Brown Hansen Moolenaar Steil
Byrnes Hildenbrand Moore Stewart
Byrum Hood Mortimer Taub
Casperson Hoogendyk Murphy Tobocman
Caswell Hopgood Newell Vagnozzi
Caul Huizenga Nitz Van Regenmorter
Cheeks Hummel Nofs Vander Veen
Clack Hune Palmer Walker
Clemente Hunter Palsrok Ward
Condino Jones, Rick Pastor Waters
Cushingberry Kahn Pavlov Wenke
Donigan Kolb Pearce Williams
Drolet Kooiman Plakas Wojno
Ebli LaJoy Polidori Zelenko
Elsenheimer Law, David Proos
Nays--1
Jones, Hayes
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6477, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 16909a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources, Great Lakes, Land Use, and Environment,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Miller 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. 6477, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 16909a.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Sak moved that Reps. Lipsey and Murphy be excused temporarily from today's session.
The motion prevailed.
House Bill No. 6694, entitled
A bill to amend 2001 PA 34, entitled "Revised municipal finance act," by amending section 103 (MCL 141.2103) and by adding section 518.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Hildenbrand moved to substitute (H-2) the bill.
The motion was seconded and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Drolet moved to amend the bill as follows:
1. Amend page 8, line 7, after "OF" by striking out "AA" and inserting "AAA".
The motion was seconded.
The question being on the adoption of the amendment offered by Rep. Drolet,
Rep. Drolet demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Drolet,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1187 Yeas--35
Accavitti Cushingberry Lemmons, III Taub
Acciavatti Drolet Moolenaar Tobocman
Adamini Elsenheimer Palmer Vagnozzi
Anderson Garfield Pastor Van Regenmorter
Baxter Gillard Robertson Ward
Brandenburg Gosselin Sheen Waters
Brown Hoogendyk Spade Wenke
Byrnes Hune Stahl Wojno
Condino Jones, Hayes Steil
Nays--67
Angerer Farhat Law, David Pearce
Ball Farrah Leland Plakas
Bennett Gaffney Lemmons, Jr. Polidori
Bieda Gleason Marleau Proos
Booher Gonzales Mayes Rocca
Byrum Hansen McDowell Sak
Casperson Hildenbrand Meadows Schuitmaker
Caswell Hood Meisner Shaffer
Caul Hopgood Meyer Sheltrown
Cheeks Huizenga Miller Smith, Alma
Clack Hummel Moore Smith, Virgil
Clemente Hunter Mortimer Stewart
Dillon Jones, Rick Newell Vander Veen
Donigan Kahn Nitz Walker
Ebli Kolb Nofs Williams
Emmons Kooiman Palsrok Zelenko
Espinoza LaJoy Pavlov
In The Chair: Kooiman
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
The House returned to the consideration of
House Bill No. 6477, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 16909a.
(The bill was considered earlier today, see today's Journal, p. 2966.)
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. 1188 Yeas--100
Accavitti Elsenheimer Lemmons, III Robertson
Acciavatti Emmons Lemmons, Jr. Rocca
Adamini Espinoza Lipsey Sak
Anderson Farhat Marleau Schuitmaker
Angerer Farrah Mayes Shaffer
Ball Gaffney McDowell Sheen
Bennett Gillard Meadows Sheltrown
Bieda Gleason Meisner Smith, Alma
Booher Gonzales Meyer Smith, Virgil
Brandenburg Green Miller Spade
Brown Hansen Moolenaar Stahl
Byrnes Hildenbrand Moore Steil
Byrum Hood Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Cheeks Hunter Nofs Van Regenmorter
Clack Jones, Hayes Palmer Vander Veen
Clemente Jones, Rick Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kolb Pavlov Waters
DeRoche Kooiman Pearce Wenke
Dillon LaJoy Plakas Williams
Donigan Law, David Polidori Wojno
Ebli Leland Proos Zelenko
Nays--6
Baxter Garfield Hoogendyk Hune
Drolet Gosselin
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5078, 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).
The bill was read a second time.
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. Vagnozzi 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. Sak moved that Rep. Murphy 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. 5078, 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1189 Yeas--105
Accavitti Elsenheimer LaJoy Proos
Acciavatti Emmons Law, David Robertson
Adamini Espinoza Leland Rocca
Anderson Farhat Lemmons, III Sak
Angerer Farrah Lemmons, Jr. Schuitmaker
Ball Gaffney Lipsey Shaffer
Baxter Garfield Marleau Sheen
Bennett Gillard Mayes Sheltrown
Bieda Gleason McDowell Smith, Alma
Booher Gonzales Meadows Smith, Virgil
Brandenburg Gosselin Meisner Spade
Brown Green Meyer Stahl
Byrnes Hansen Miller Steil
Byrum Hildenbrand Moolenaar Stewart
Casperson Hood Moore Taub
Caswell Hoogendyk Mortimer Tobocman
Caul Hopgood Newell Vagnozzi
Cheeks Huizenga Nitz Van Regenmorter
Clack Hummel Nofs Vander Veen
Clemente Hune Palmer Walker
Condino Hunter Palsrok Ward
Cushingberry Jones, Hayes Pastor Waters
DeRoche Jones, Rick Pavlov Wenke
Dillon Kahn Pearce Williams
Donigan Kolb Plakas Wojno
Drolet Kooiman Polidori Zelenko
Ebli
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 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), as amended by 2006 PA 368.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Pastor moved that Reps. Shaffer and Stahl be excused temporarily from today's session.
The motion prevailed.
The House returned to the consideration of
House Bill No. 6694, entitled
A bill to amend 2001 PA 34, entitled "Revised municipal finance act," by amending section 103 (MCL 141.2103) and by adding section 518.
(The bill was considered earlier today, see today's Journal, p. 2967.)
The question being on the passage of the bill,
Rep. Hildenbrand moved to amend the bill as follows:
1. Amend page 8, line by 9, by striking out all of subsection (11) and renumbering the remaining subsection.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
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. 1190 Yeas--71
Accavitti Elsenheimer LaJoy Plakas
Adamini Espinoza Law, David Polidori
Anderson Farrah Leland Proos
Angerer Gaffney Lemmons, III Rocca
Ball Garfield Lemmons, Jr. Schuitmaker
Booher Gillard Lipsey Smith, Alma
Brown Gleason Marleau Smith, Virgil
Byrnes Gonzales Mayes Spade
Casperson Hansen McDowell Steil
Caul Hildenbrand Meisner Stewart
Cheeks Hood Meyer Taub
Clack Hopgood Moore Tobocman
Clemente Huizenga Mortimer Vagnozzi
Condino Hunter Newell Van Regenmorter
Cushingberry Jones, Hayes Nitz Waters
DeRoche Jones, Rick Nofs Williams
Dillon Kolb Pavlov Zelenko
Donigan Kooiman Pearce
Nays--32
Acciavatti Ebli Kahn Sak
Baxter Emmons Meadows Sheen
Bennett Farhat Miller Sheltrown
Bieda Gosselin Moolenaar Vander Veen
Brandenburg Green Palmer Walker
Byrum Hoogendyk Palsrok Ward
Caswell Hummel Pastor Wenke
Drolet Hune Robertson Wojno
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 2001 PA 34, entitled "Revised municipal finance act," by amending section 103 (MCL 141.2103) and by adding sections 518 and 519.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Shaffer, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call No. 1190. Had I been present, I would have voted 'yea'."
Rep. Stahl, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call No. 1190. Had I been present, I would have voted 'nay'."
Second Reading of Bills
House Bill No. 6287, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1254a.
The bill was read a second time.
Rep. Farhat moved to amend the bill as follows:
1. Amend page 6, following line 4, by inserting:
"(9) THIS SECTION DOES NOT PROHIBIT A SCHOOL DISTRICT FROM USING SCHOOL DISTRICT OR OTHER PUBLIC FUNDS TO SUPPORT THE ACTIVITIES OF AN INTERSCHOLASTIC OR INTRAMURAL GOLF PROGRAM.
(10) AS USED IN THIS SECTION:
(A) "SCHOOL BOARD" INCLUDES A SCHOOL BOARD OR THE BOARD OF DIRECTORS OF A PUBLIC SCHOOL ACADEMY.
(B) "SCHOOL DISTRICT" INCLUDES A SCHOOL DISTRICT OR A PUBLIC SCHOOL ACADEMY.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Virgil Smith moved to amend the bill as follows:
1. Amend page 6, following line 4, by inserting:
"(9) THIS SECTION DOES NOT APPLY TO A SCHOOL DISTRICT THAT IS A SCHOOL DISTRICT OF THE FIRST CLASS OR TO THE SCHOOL BOARD OF A SCHOOL DISTRICT THAT IS A SCHOOL DISTRICT OF THE FIRST CLASS.".
The question being on the adoption of the amendment offered by Rep. Virgil Smith,
Rep. Virgil Smith demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Virgil Smith,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1191 Yeas--34
Accavitti Donigan Leland Sak
Adamini Farrah Lemmons, III Sheltrown
Angerer Gaffney Lemmons, Jr. Smith, Alma
Brown Gillard Lipsey Smith, Virgil
Cheeks Gonzales Meadows Tobocman
Clack Hood Murphy Vagnozzi
Condino Hopgood Plakas Waters
Cushingberry Hunter Polidori Williams
Dillon Kolb
Nays--72
Acciavatti Emmons Law, David Proos
Anderson Espinoza Marleau Robertson
Ball Farhat Mayes Rocca
Baxter Garfield McDowell Schuitmaker
Bennett Gleason Meisner Shaffer
Bieda Gosselin Meyer Sheen
Booher Green Miller Spade
Brandenburg Hansen Moolenaar Stahl
Byrnes Hildenbrand Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Huizenga Newell Taub
Caswell Hummel Nitz Van Regenmorter
Caul Hune Nofs Vander Veen
Clemente Jones, Hayes Palmer Walker
DeRoche Jones, Rick Palsrok Ward
Drolet Kahn Pastor Wenke
Ebli Kooiman Pavlov Wojno
Elsenheimer LaJoy Pearce Zelenko
In The Chair: Kooiman
Rep. Pastor 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. 6287, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1254a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1192 Yeas--85
Accavitti Ebli Kooiman Pavlov
Acciavatti Elsenheimer LaJoy Pearce
Adamini Emmons Law, David Polidori
Anderson Espinoza Leland Proos
Angerer Farhat Lemmons, III Robertson
Ball Gaffney Lemmons, Jr. Rocca
Baxter Garfield Lipsey Schuitmaker
Bennett Gillard Marleau Shaffer
Bieda Gleason Mayes Sheen
Booher Gosselin McDowell Spade
Brandenburg Hansen Meyer Stahl
Brown Hildenbrand Miller Stewart
Byrnes Hoogendyk Moolenaar Taub
Casperson Huizenga Moore Tobocman
Caswell Hummel Mortimer Van Regenmorter
Caul Hune Newell Vander Veen
Cheeks Hunter Nitz Walker
Clemente Jones, Hayes Nofs Ward
DeRoche Jones, Rick Palmer Wenke
Dillon Kahn Palsrok Williams
Donigan Kolb Pastor Wojno
Drolet
Nays--21
Byrum Green Murphy Smith, Virgil
Clack Hood Plakas Steil
Condino Hopgood Sak Vagnozzi
Cushingberry Meadows Sheltrown Waters
Farrah Meisner Smith, Alma Zelenko
Gonzales
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6666, entitled
A bill to authorize the state administrative board to convey certain state owned property in Kalamazoo county; to prescribe conditions for the conveyance; and to provide for disposition of revenue derived from the conveyance.
The bill was read a second time.
Rep. Lipsey 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. 6666, entitled
A bill to authorize the state administrative board to convey certain state owned property in Kalamazoo county; to prescribe conditions for the conveyance; and to provide for disposition of revenue derived from the conveyance.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1193 Yeas--105
Accavitti Emmons Law, David Proos
Acciavatti Espinoza Leland Robertson
Adamini Farhat Lemmons, III Rocca
Anderson Farrah Lemmons, Jr. Sak
Angerer Gaffney Lipsey Schuitmaker
Ball Garfield Marleau Shaffer
Baxter Gillard Mayes Sheen
Bennett Gleason McDowell Sheltrown
Bieda Gonzales Meadows Smith, Alma
Booher Gosselin Meisner Smith, Virgil
Brandenburg Green Meyer Spade
Brown Hansen Miller Stahl
Byrnes Hildenbrand Moolenaar Steil
Byrum Hood Moore Stewart
Casperson Hoogendyk Mortimer Taub
Caswell Hopgood Murphy Tobocman
Caul Huizenga Newell Vagnozzi
Cheeks Hummel Nitz Van Regenmorter
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones, Hayes Palsrok Ward
Cushingberry Jones, Rick Pastor Waters
DeRoche Kahn Pavlov Wenke
Dillon Kolb Pearce Williams
Donigan Kooiman Plakas Wojno
Drolet LaJoy Polidori Zelenko
Ebli
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 motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6528, entitled
A bill to amend 1947 PA 336, entitled "An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act," by amending section 2a (MCL 423.202a), as added by 1994 PA 112.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Pavlov 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. 6528, entitled
A bill to amend 1947 PA 336, entitled "An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act," by amending section 2a (MCL 423.202a), as added by 1994 PA 112.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Ward moved that the Committee on Health Policy be discharged from further consideration of Senate Bill No. 1289.
(For first notice see House Journal No. 91, p. 2948.)
The question being on the motion made by Rep. Ward,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Ward moved that the Committee on Family and Children Services be discharged from further consideration of Senate Bill No. 1500.
(For first notice see House Journal No. 91, p. 2948.)
The question being on the motion made by Rep. Ward,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Ward moved that the Committee on Family and Children Services be discharged from further consideration of Senate Bill No. 1501.
(For first notice see House Journal No. 91, p. 2948.)
The question being on the motion made by Rep. Ward,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Palmer moved that the Committee on Education be discharged from further consideration of House Bill No. 4319.
(For first notice see House Journal No. 91, p. 2948.)
The question being on the motion made by Rep. Palmer,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Sak moved to reconsider the vote by which the House granted the discharge of House Bill No. 4319.
The question being on the motion made by Sak,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Sak,
The motion did not prevail, a majority of members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1194 Yeas--46
Accavitti Cushingberry Jones, Hayes Sak
Adamini Dillon Kolb Sheltrown
Anderson Donigan Leland Smith, Alma
Angerer Ebli Lipsey Smith, Virgil
Bennett Espinoza Mayes Spade
Bieda Farrah McDowell Tobocman
Brown Gillard Meadows Vagnozzi
Byrnes Gleason Meisner Waters
Byrum Gonzales Miller Williams
Clack Hood Plakas Wojno
Clemente Hopgood Polidori Zelenko
Condino Hunter
Nays--60
Acciavatti Garfield Lemmons, Jr. Proos
Ball Gosselin Marleau Robertson
Baxter Green Meyer Rocca
Booher Hansen Moolenaar Schuitmaker
Brandenburg Hildenbrand Moore Shaffer
Casperson Hoogendyk Mortimer Sheen
Caswell Huizenga Murphy Stahl
Caul Hummel Newell Steil
Cheeks Hune Nitz Stewart
DeRoche Jones, Rick Nofs Taub
Drolet Kahn Palmer Van Regenmorter
Elsenheimer Kooiman Palsrok Vander Veen
Emmons LaJoy Pastor Walker
Farhat Law, David Pavlov Ward
Gaffney Lemmons, III Pearce Wenke
In The Chair: Kooiman
By unanimous consent the House returned to the order of
Reports of Select Committees
First Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
House Bill No. 4315, 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 of chapter IV (MCL 224.6), as amended by 1982 PA 299.
Recommends:
First: That the House and Senate agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:
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 of chapter IV (MCL 224.6), as amended by 1982 PA 299.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 6. (1) In anyEXCEPT AS PROVIDED UNDER SUBSECTION (4) OR (5), IN A county where the county road system is adopted, a board of county road commissioners consisting of NOT LESS THAN 3 members OR MORE THAN 5 MEMBERS shall be elected by the people of the county. , except as provided in subsection (2). In the first instance, theTHE INITIAL ROAD commissioners shall be appointed by the county board of commissioners or elected at a general or special election called for that purpose, as shall be orderedDETERMINED by the county board of commissionersCOMMISSIONERS. THE COUNTY BOARD OF COMMISSIONERS MAY BY RESOLUTION PROVIDE FOR STAGGERED TERMS OF OFFICE FOR THE ROAD COMMISSIONERS UNDER THIS SUBSECTION SO THAT NOT MORE THAN 2 ROAD COMMISSIONERS' TERMS OF OFFICE EXPIRE IN THE SAME YEAR.
(2) If the road commissioners are appointed, they shall hold office only until January 1 of the first odd numbered year following the date of appointment. If the road commissioners are to be elected at a general OR SPECIAL election, notice of the election, embodying a copy of the resolutions of the county board of commissioners, giving the number and terms of the office of the road commissioners to be elected, shall be published by the clerk in the newspaper or newspapers selected by the county board of commissioners as required by section 3 of this chapter. If a special election is called for the election of the road commissioners, an identical notice shall be given by the clerk, which notice shall be posted and published in those newspapers as required by section 3 of this chapter.
(3) The regular election of county road commissioners shall be held at the general election on the first Tuesday after the first Monday in November. The term of office of an elected county road commissioner shall commence on January 1 in the year following his or her election. The notice of the election shall be given at the time notice is given of the general election of county officers. However, the
(4) THE election of county road commissioners shall not be mandatory in any county whichTHAT contains ALL OR PART OF 12 surveyed townships or more, either entire or fractional as determined by the government survey of the county. In such county or countiesEXCEPT AS PROVIDED UNDER SUBSECTION (5), IN A COUNTY UNDER THIS SUBSECTION the county board of commissioners,may, by a majority of its members elect, MAY appoint the county road commissioners., except as provided in subsection (2). A county road commissioner appointed in that countyUNDER THIS SUBSECTION shall not be removed from office before the expiration of his or her term of office without being given due written notice of the charges made against him or her and an opportunity to appear before the county board of commissioners for a hearing on the charges. In any county in which the board of road commissioners consists on August 28, 1929, of less than 3 members, the county board of commissioners, at the first regular meeting of the board after August 28, 1929, or at a special meeting called for that purpose, shall appoint additional members as may be necessary. At the time of the appointment, the county board of commissioners shall designate the date of expiration of the initial term of each commissioner appointed in that county, so that the term of a commissioner shall expire on December 31 of each even year.
(5)(2) In a county having a population of 1,500,000 or more whichTHAT has adopted a charter under Act No.293 of the Public Acts of 1966, being sections 45.501 to 45.521 of the Michigan Compiled Laws1966 PA 293, MCL45.501 TO 45.521, the powers and duties whichTHAT are otherwise provided by law for a board of county road commissioners may be reorganized by amendment to the charter. Funds provided to the county pursuant to Act No.51 of the Public Acts of 1951, being sections 247.651 to 247.674 of the Michigan Compiled LawsUNDER 1951 PA 51, MCL 247.651 TO 247.675, shall only be expended for the purposes provided for in Act No.51 of the Public Acts of 1951UNDER 1951 PA 51, MCL 247.651 TO 247.675.
(6) IF THE COUNTY BOARD OF COMMISSIONERS PROPOSES TO ALTER THE NUMBER OF COUNTY ROAD COMMISSIONERS AS ALLOWED UNDER THIS ACT, THE COUNTY BOARD OF COMMISSIONERS SHALL HOLD NOT LESS THAN 1 PUBLIC HEARING ON THE PROPOSED CHANGE TO THE ROAD COMMISSION. THE COUNTY BOARD OF COMMISSIONERS SHALL GIVE NOTICE AS REQUIRED UNDER THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275, OF THE TIME AND PLACE OF THE PUBLIC HEARING NOT LESS THAN 28 DAYS BEFORE THE HEARING. THE COUNTY BOARD OF COMMISSIONERS SHALL ALSO PROVIDE WRITTEN NOTICE OF THE HEARING TO THE COUNTY ROAD COMMISSION AND, IF AVAILABLE, BY POSTING THE NOTICE ON THE COUNTY'S WEBSITE. THE COUNTY BOARD OF COMMISSIONERS MAY VOTE ON WHETHER TO ALTER THE NUMBER OF COUNTY ROAD COMMISSIONERS AT THE MEETING NOTICED UNDER THIS SUBSECTION.
Second: That the House and Senate agree to the title of the bill to read as follows:
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 of chapter IV (MCL 224.6), as amended by 1982 PA 299.
Philip LaJoy
Jacob Hoogendyk, Jr.
Glenn Anderson
Conferees for the House
Judson Gilbert II
Wayne Kuipers
Conferees for the Senate
The Speaker announced that under Joint Rule 9 the conference report would lie over one day.
Rep. Ward moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been made available to each Member.
The motion prevailed.
The question being on the adoption of the conference report,
The conference report was then adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1195 Yeas--56
Anderson Espinoza LaJoy Palmer
Angerer Farrah Lemmons, III Pastor
Baxter Gaffney Lemmons, Jr. Pavlov
Bieda Garfield Lipsey Pearce
Booher Gleason Marleau Plakas
Byrnes Gonzales Mayes Robertson
Byrum Gosselin Meadows Sak
Caul Green Meisner Smith, Alma
Cheeks Hansen Meyer Stahl
Clack Hildenbrand Miller Steil
Clemente Hoogendyk Moolenaar Stewart
Condino Jones, Rick Mortimer Walker
Dillon Kolb Nitz Wenke
Elsenheimer Kooiman Nofs Zelenko
Nays--50
Accavitti Ebli Leland Sheltrown
Acciavatti Emmons McDowell Smith, Virgil
Adamini Farhat Moore Spade
Ball Gillard Murphy Taub
Bennett Hood Newell Tobocman
Brandenburg Hopgood Palsrok Vagnozzi
Brown Huizenga Polidori Van Regenmorter
Casperson Hummel Proos Vander Veen
Caswell Hune Rocca Ward
Cushingberry Hunter Schuitmaker Waters
DeRoche Jones, Hayes Shaffer Williams
Donigan Kahn Sheen Wojno
Drolet Law, David
In The Chair: Kooiman
Second Reading of Bills
House Bill No. 4319, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 502 and 1311d (MCL 380.502 and 380.1311d), section 502 as amended by 1995 PA 289 and section 1311d as added by 1999 PA 23.
The bill was read a second time.
Rep. Lemmons, III moved to amend the bill as follows:
1. Amend page 2, line 25, after "subdivision," by inserting "the board of a FEDERAL TRIBALLY CONTROLLED community college shall not issue a contract for a public school academy to operate in a school district organized as a school district of the first class, a public school academy authorized by the board of a FEDERAL TRIBALLY CONTROLLED community college shall not operate in a school district organized as a school district of the first class,".
2. Amend page 3, line 5, after "district" by inserting a comma.
3. Amend page 8, line 10, after "subdivision," by inserting "the board of a FEDERAL TRIBALLY CONTROLLEDcommunity college shall not issue a contract for a strict discipline academy to operate in a school district organized as a school district of the first class, a strict discipline academy authorized by the board of a FEDERAL TRIBALLY CONTROLLED community college shall not operate in a school district organized as a school district of the first class,".
4. Amend page 8, line 18, after "district" by inserting a comma.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Lemmons, III 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.
Notices
I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House adopted the conference report for House Bill No. 4315.
Rep. Drolet
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4319, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 502 and 1311d (MCL 380.502 and 380.1311d), section 502 as amended by 1995 PA 289 and section 1311d as added by 1999 PA 23.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed for the day.
The motion prevailed.
Comments and Recommendations
Rep. Ward moved that the following remarks be printed in the Journal.
The motion prevailed.
Rep. Kooiman:
"Thank you Mr. Speaker:
It seems like just a short time ago I was walking across the street from the House Office Building to the Capitol for my first swearing-in ceremony as a newly elected representative from the 75th district. When I looked up at the Capitol dome it was then that reality hit. I had been given the incredible opportunity to be one of 110 people in the state of Michigan to serve as a member of the Michigan House of Representatives.
What an honor and what a responsibility as I joined my new colleagues in raising my hand and swearing to protect and defend the constitution of the state of Michigan as we sought to represent those who had chosen us to serve them. Little did we know that nine months later our world would be turned upside down as the terrorists struck New York City, the Pentagon and the hearts of every resident in Michigan and in our nation. The stock market plummeted, the state's revenues, which were in the process of recovery from the recession of 2000/2001, took a worse nose-dive that in many ways Michigan is still recovering from. I remember talking to fourth graders in the days that followed and seeking to reassure them that they would be safe because God was in control.
I recall my first speech on the House floor as though it was yesterday. I had been elected to make a difference in Lansing and so I made a long, pleading speech expecting my incredible oratory to convince every member in the Chamber that I was on the side of right! I hadn't expected that my colleagues would be more focused on eating their lunches, caucusing on their own agendas with other members, searching the internet, reading their mail, talking, or reading their papers instead of actually listening to me. Not only that, but I was offering an amendment against the wishes of the Speaker and my Committee Chair. I had failed to recognize the long-standing tradition of "following the chair" on budget issues.
I learned some valuable lessons that day. I learned that I was part of a team and to be effective I had to respect the role of each individual member of this House. That we may disagree on an issue one day and be allies the next. I also learned to count votes! I also learned that it made sense to speak out on those issues that were most important to me...to save my powder for the right times and the right place.
We are all here to work together as a team, and through the process of negotiation and compromise enact good public policy for the state of Michigan, recognizing we come from very diverse backgrounds and communities. As I leave these chambers, my hope and prayer is that somehow in some way I will have left my mark on Michigan, my district in Grand Rapids, this House, and those with whom I have served.
I could spend this time reflecting on my successes over the past 6 years. I am proud of those achievements and the awards and recognitions I have received. I am proud of the opportunity to preside over this chamber. I am proud that House Republicans changed the budget process and began for the first time asking questions about outcomes. I am particularly proud of the Higher Education formula we developed, because it for the first time put the focus on outcomes, as opposed to political muscle in Lansing. But the bills passed into law and the budgets enacted that had my impact on them will soon be forgotten. It is the relationships that have been formed and the friendships made that I hope will outlast those things. And so I am going to focus my remarks today by mentioning and thanking some of the individuals past and present that have left indelible marks on my legislative career and on me personally.
It is said that God moves in mysterious ways. And that certainly can be seen in some of the twists and turns of the past six years.
Rep. Chris Kolb and I met for the first time at a legislative leadership development conference. It was pretty clear we were very different. Chris was a liberal from Ann Arbor. I was from conservative West Michigan. Despite our very different worldviews and political philosophies, Chris and I have worked together on numerous legislative packages. Six years ago I never would have thought I would be say this, but Chris, thanks for your friendship.
Another friendship that developed that first year was with a retired trooper, Gary Newell. Gary and I came to Lansing with very different experiences...he always called me a lifetime politician. I, of course, referred to him as the "old man" and the senior citizen legislator. Gary, thank you for mentoring me...you will always be remembered for your grandfatherly advice and your strong Christian character.
Speaking of Christians, people are always amazed when I tell them of the strong faith of so many of my colleagues here in Lansing. One of those is another of my best friends here in Lansing, Representative Hummel. While Scott was appointed the position I had aspired to, through that experience we have forged a friendship that transcends the walls of this Capitol. Scott -- thank you for mentoring me in the faith, holding me accountable, and having and incredible impact on my prayer life. Thanks, too, for seeking my input and advice in the appropriations process. I will never forget our work together on the formula for Higher Education, welfare reform, and the new budgeting process.
These past two years I have had the opportunity to get to know and appreciate Rep. Tom Pearce. Tom has been another one of those mentors in my spiritual walk. Tom, you are a brother in Christ and I will miss your quiet leadership.
During my first term in the House, my mentor was another of those strong Christian brothers, Rep. Mark Jansen. Mark and Cameron Brown organized a weekly bible study in my first term. Mark will be serving next year in the Senate and they will be blessed by his presence there.
Rep. Van Regenmorter...I still refer to him as Senator. Bill is soft spoken and it wasn't always what he said (though usually his words were wise), but how he conducted himself and what he did. He had a huge impact on me in that way.
Then there was former Rep. Triette Reeves. Triette had prayer power! She also spoke with incredible passion on social issues. Whether I agreed with her or not on every issue, I was always in awe of her passion and speaking ability. While there were numerous issues on which we did not agree, she never failed to challenge me in my faith and if I ever needed the power of prayer, I knew who to go to!
There are so many others I want to acknowledge. Speaker DeRoche, I value your leadership. I have learned so much in the last two years about strategic planning. I value your friendship and will miss the countless, and lengthy late night and early morning phone calls and meetings! My only regret is that you will no longer be leading this chamber with your vision for Michigan's future.
When a crisis needs to be managed or a deal cut, there is none better than my friend Representative David Farhat. The only legislator I have served with who came close was former State Representative Keith Stallworth. While the voters have spoken this year, I cannot help but believe David will be back in these chambers in the coming years. Dave -- the voters of Muskegon County have been blessed by your service and I have been blessed by your friendship.
A great friend and advisor, Rep. Palsrok. Thanks for your behind the scenes leadership on so many issues. I would like to read through your diary though in the event you ever make that public! There may be a few passages I would like to white out!
Former Rep. Mike Pumford. Coach! I didn't always agree with Mike, but I admired his tenacity, his understanding of the process, and his hard work.
I have been blessed with many new friends in this chamber over the past six years, but one of those friendships actually precedes my service in the legislature. His election two years after mine allowed us the opportunity to serve together, Rep. Huizenga. Bill we've had our struggles keeping that friendship because we both became too focused on competing goals, but through God's grace we've been able to reconcile that relationship. Thank you for your friendship and for forgiving me.
Of course, no final speech from me would be complete without mention of my main partner in crime, Majority Floor Leader Chris Ward. I'm just thankful our colleagues never actually had to appropriate money for the legislative wing at Newberry Correctional Facility I still haven't been contacted by the State Police or the Attorney General as to their investigations! Thanks for always leading me down those exciting procedural paths. I still have nightmares! May your cunning and wit be as helpful next year in the minority...Rep. Sak I don't envy you at all!
Speaking of the minority...I feel I need to clarify just a few items. First, a number of members on the other side of the aisle have often accused me of having premature gavulation. I just want to make it clear I never used my quick gavel prematurely! Second, I do want to take brief moment to thank all of you for your expressions of concern the past two years about my hearing and sight, especially on my right side. Minority Leader Byrum, Minority Floor Leader Waters, Sak, Representative Condino, Representative Vagnozzi, Representative Adamini, Representative Alma Wheeler Smith, and many others who I failed to see or hear from time to time have made mention of those medical problems. Thank you all for understanding that my lack of sight and hearing was nothing personal. I do have to confess that the power of prayer is incredible and through your prayers as I prepare to give up the gavel later this month, I have already begun to experience nothing short of a miracle...my hearing and sight are getting better each and every day! I even saw Aldo the other day and he wasn't even standing on his desk!
Then there are a few members that I will remember for other reasons:
* Rep. Plakas the potted plant (he certainly bloomed yesterday)
* Rep. Meyer the best joke-teller in caucus, the best at hazing freshman legislators, and incredible at putting up drywall!
* Former Rep. Doug Spade and his April Fools spoofs
* Former Rep. Scott Shackleton and his jokes. Imagine being in a room with Scott and Keith Stallworth watching them cut deal after deal on the transportation budget...and they were always just technical amendments
* Gretchen Whitmer's inability to address her remarks to the Speaker!
* Watching the face of Rep. Fred Miller as Palsrok played his famous radio commercial extolling his environmental record and his effort to save the Great Lakes!
* Drolet giving his best imitation of former Senator David Jaye
* Jack Brandenburg: 'Hey I'll kick your....' well you know the rest of that statement.
* Chris Kolb crowning Marcia with his tiara
* The wittiness of Chris Ward and Randy Richardville
* Gaveling down so many freshman members, other legislators and staff, and even getting Spike twice!
* Rocky on the last night of session my first term having the sergeants deliver countless fake notes from GovernorEngler to members of both sides of the aisle asking them to come to his ceremonial office ASAP. (Engler was as surprised as they were!).
* One of our 'Junior' members at his first dinner with a lobbyist asking "Can I really order ANYTHING on the menu and you will pay for it!"
* Glenn Steil, Jr. explaining his massage therapy bill in caucus
* Rep. Sak asking to borrow tribute and resolution paper and frames because the Speaker had implemented the 'Sak' rule. There must have either been a birth in his district, a death of a constituent, a retirement of a constituent, or else a new restaurant or bar had opened its doors somewhere east of Lake Michigan! I heard through the grapevine that he even presented himself a tribute upon his election to Speaker Pro Tem!
* The face of the camel in Qatar as it tried in vein to stand up with Chris Ward on its back! (I have pictures!).
While I have many positive memories of this place, there are a few things I would rather forget and will not miss:
* Caucus, especially after midnight
* Caucus before Midnight!
* Starting session at 12:01am
* Watching a clock that literally did not move.
* Partisanship
* Being accused of being mean-spirited
* Articles in the Grand Rapids Press about my driving habits
* Competing with Sak for TV time in Grand Rapids (the most dangerous place in Michigan is getting between Michael and a camera!)
* Being accused of being parochial. I want to set the record straight. I did introduce some bills that had statewide significance.
* Sak asking for a record roll call vote on immediate effect when the vote on the bill was unanimous!
* Dispensing of thousands of Condino amendments before moving bills to third reading.
* And last and most disappointing to not only me, but also my wife: Disparaging comments about my ties. All of you who have made fun of my ties owe my wife an apology as she has purchased every tie I own.
I want to express my special thanks to Clerk Gary Randall, Assistant Clerk Lindy Benedict, and their entire staff for helping me look better in the chair than I ever was capable of!
We often take for granted the staff of the House that help us do our jobs. I want to thank the IT staff, sorry for being such a pain to all of you! The House fiscal staff, the Speaker's staff, policy staff, Sergeants, & tour staff. Most people don't know how many people work behind the scenes to make us look good!
Finally, I want to thank those who made this incredible journey possible. My constituents - for their votes,
Those worked tirelessly on my behalf -- my staff members throughout the years -- especially the Bolters (Alan and Mandy), Mark Brieve, Brandy Nash, and Monika Wierzbicki...I couldn't have done it without you!
My wife Maribeth, who is here in the chamber with me today has stood beside me and has been an anchor in my life. Behind every good man is a great woman and she is no exception. She has sacrificed many things, because I was here in Lansing. Maribeth -- thank you for your steadfast love and friendship. I also want to thank my children Sarah, Matt, and Katie who all knocked on doors, licked envelopes and went fatherless at numerous school and athletic activities.
Finally, I want to take this opportunity to express my thanks to God for his goodness. I have been blessed by the opportunity to serve with each and every one of you.
To those continuing your service in this chamber, I would like to share a few thoughts:
* Be true to your beliefs and principles.
* Work on developing relationships on both sides of the aisle.
* Enjoy each day...because your time for this speech is coming.
* Don't take the partisan differences personally.
* Don't take yourself too seriously!
* Always put good public policy ahead of politics.
* Continue to ask questions in the budget process, regardless of which side of the aisle you serve on your constituents the taxpayers deserve that attention to detail.
* Work to change term limits.
* And finally, don't wait until December of your final year to pass your legacy bills!
This has been an incredible opportunity. Thank you. God bless all of you, this wonderful institution, and the state of Michigan in the coming years."
Rep. Vander Veen:
"WOW 6 years whew just like that!
Well here goes...
First and foremost thank you to my Lord Jesus, who has allowed me the blessing and privilege of serving here in Lansing these past 6 years. It is one of my lives philosophies to preach daily if necessary use words. It's my hope thatas you have had contact with me over my years of service, you have 'heard me preach', and have seen my Jesus reflected in my actions. If you don't serve him, I recommend you try it. He's a wonderful boss.
There are a lot of additional thank you's I need to pass out here goes. These people have served me along the way:
* To my family, my husband and children, thank you for sharing me and for understanding all the times I was busy and wasn't there to fix a meal, do your wash, bake a birthday cake, etc.
* To my truly extraordinary staffer and friend, Penny Blair, my scheduler. She has put my heart out with every phone call she's answered, every appointment she's scheduled or conflict she's settled for my constituents and to Josh Pickard, my policy guy, who has worked my legislation with diligence and dared to question me on issues when I needed it. I could not have been as effective without their help.
Thank you to the house staff that have served me with information and answers especially Stacey Hettiger who helped with senior health, security, and retirement committee which I chair.
Thank you to the capitol staffer's that have given wonderful tours to countless groups of my 4th grade constituents.
Thank you to Gary Randall for all he does that goes unnoticed and for his patience the few times I was allowed in the chair as associate speaker pro tempore.
To the lobby core whose input has been so valuable. To those who have worked with me (and at times against me), thank you.
To my 6th floor Wednesday morning prayer group friends thank you for the safe place to share our humanness, a place to hold each other accountable to Gods standards. Thanks for your support and prayers during my daughters struggle with leukemia. Thanks to Scott Hummel for facilitating and to the lobbyist for the Beaner's, that time was truly a highlight of each week for me.
Thank you to my 'green hen house' roommates. To those of you who don't know what I am talking about, I share an apartment in a big green house with several other women legislators. It has been such a blessing to share our frustrations, joys and sorrows, to get to know you, and share a true friendship. I love you all.
A special thanks to Joanne Voorhees, my seat mate for four years, Laura Toy and Ruth Johnson for taking me under your wings and teaching me 'the ropes'.
Finally thank you to all of you on both sides of the aisle my friends and colleagues! Thank you for being gracious with me as I hassled you about direct access for physical therapists, single point of entry and early childhood education, as I go from who's who to who's that!
It has been an incredible journey! One I have enjoyed enormously! I will hold these years close to my heart. I will miss you! My prayers will be with this body that the work of the people will move forward.
I'm excited to move on to the next place the lord has for me. I truly believe Psalm 37:23, the Lord has a plan, that he orders my steps, and that's a safe place to rest!"
By unanimous consent the House returned to the order of
Motions and Resolutions
Senate Bill No. 1128, entitled
A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," (MCL 552.601 to 552.650) by adding section 15a.
(The bill was returned in accordance with the request of the House, motion made to reconsider the vote by which the House passed the bill and motion postponed for the day on December 6, see House Journal No. 91, p. 2927.)
The question being on the motion made previously by Rep. Hildenbrand,
The motion prevailed, a majority of the members serving voting therefor.
Third Reading of Bills
Senate Bill No. 1128, entitled
A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," (MCL 552.601 to 552.650) by adding section 15a.
The question being on the passage of the bill,
Rep. Stahl moved to substitute (H-1) the bill.
The motion was seconded and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
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. 1196 Yeas--106
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Leland Robertson
Adamini Espinoza Lemmons, III Rocca
Anderson Farhat Lemmons, Jr. Sak
Angerer Farrah Lipsey Schuitmaker
Ball Gaffney Marleau Shaffer
Baxter Garfield Mayes Sheen
Bennett Gillard McDowell Sheltrown
Bieda Gleason Meadows Smith, Alma
Booher Gonzales Meisner Smith, Virgil
Brandenburg Gosselin Meyer Spade
Brown Green Miller Stahl
Byrnes Hansen Moolenaar Steil
Byrum Hildenbrand Moore Stewart
Casperson Hood Mortimer Taub
Caswell Hoogendyk Murphy Tobocman
Caul Hopgood Newell Vagnozzi
Cheeks Huizenga Nitz Van Regenmorter
Clack Hummel Nofs Vander Veen
Clemente Hune Palmer Walker
Condino Hunter Palsrok Ward
Cushingberry Jones, Hayes Pastor Waters
DeRoche Jones, Rick Pavlov Wenke
Dillon Kahn Pearce Williams
Donigan Kolb Plakas Wojno
Drolet Kooiman Polidori Zelenko
Ebli LaJoy
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 provide for and to supplement statutes that provide for the provisions and enforcement of support, health care, and parenting time orders with respect to divorce, separate maintenance, paternity, child custody and support, and spousal support; to prescribe and authorize certain provisions of those orders; to prescribe the powers and duties of the circuit court and friend of the court; to prescribe certain duties of certain employers and other sources of income; to provide for penalties and remedies; and to repeal acts and parts of acts,"
The House agreed to the full title.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Caswell to the Chair.
House Bill No. 5541, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7o (MCL 211.7o), as amended by 2004 PA 576.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1197 Yeas--106
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Leland Robertson
Adamini Espinoza Lemmons, III Rocca
Anderson Farhat Lemmons, Jr. Sak
Angerer Farrah Lipsey Schuitmaker
Ball Gaffney Marleau Shaffer
Baxter Garfield Mayes Sheen
Bennett Gillard McDowell Sheltrown
Bieda Gleason Meadows Smith, Alma
Booher Gonzales Meisner Smith, Virgil
Brandenburg Gosselin Meyer Spade
Brown Green Miller Stahl
Byrnes Hansen Moolenaar Steil
Byrum Hildenbrand Moore Stewart
Casperson Hood Mortimer Taub
Caswell Hoogendyk Murphy Tobocman
Caul Hopgood Newell Vagnozzi
Cheeks Huizenga Nitz Van Regenmorter
Clack Hummel Nofs Vander Veen
Clemente Hune Palmer Walker
Condino Hunter Palsrok Ward
Cushingberry Jones, Hayes Pastor Waters
DeRoche Jones, Rick Pavlov Wenke
Dillon Kahn Pearce Williams
Donigan Kolb Plakas Wojno
Drolet Kooiman Polidori Zelenko
Ebli LaJoy
Nays--0
In The Chair: Caswell
The House agreed to the title of the bill.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4680, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 492b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Wojno 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. 4680, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 492b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1198 Yeas--106
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Leland Robertson
Adamini Espinoza Lemmons, III Rocca
Anderson Farhat Lemmons, Jr. Sak
Angerer Farrah Lipsey Schuitmaker
Ball Gaffney Marleau Shaffer
Baxter Garfield Mayes Sheen
Bennett Gillard McDowell Sheltrown
Bieda Gleason Meadows Smith, Alma
Booher Gonzales Meisner Smith, Virgil
Brandenburg Gosselin Meyer Spade
Brown Green Miller Stahl
Byrnes Hansen Moolenaar Steil
Byrum Hildenbrand Moore Stewart
Casperson Hood Mortimer Taub
Caswell Hoogendyk Murphy Tobocman
Caul Hopgood Newell Vagnozzi
Cheeks Huizenga Nitz Van Regenmorter
Clack Hummel Nofs Vander Veen
Clemente Hune Palmer Walker
Condino Hunter Palsrok Ward
Cushingberry Jones, Hayes Pastor Waters
DeRoche Jones, Rick Pavlov Wenke
Dillon Kahn Pearce Williams
Donigan Kolb Plakas Wojno
Drolet Kooiman Polidori Zelenko
Ebli LaJoy
Nays--0
In The Chair: Caswell
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4681, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2003 PA 313.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Nofs 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. 4681, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2003 PA 313.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1199 Yeas--106
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Leland Robertson
Adamini Espinoza Lemmons, III Rocca
Anderson Farhat Lemmons, Jr. Sak
Angerer Farrah Lipsey Schuitmaker
Ball Gaffney Marleau Shaffer
Baxter Garfield Mayes Sheen
Bennett Gillard McDowell Sheltrown
Bieda Gleason Meadows Smith, Alma
Booher Gonzales Meisner Smith, Virgil
Brandenburg Gosselin Meyer Spade
Brown Green Miller Stahl
Byrnes Hansen Moolenaar Steil
Byrum Hildenbrand Moore Stewart
Casperson Hood Mortimer Taub
Caswell Hoogendyk Murphy Tobocman
Caul Hopgood Newell Vagnozzi
Cheeks Huizenga Nitz Van Regenmorter
Clack Hummel Nofs Vander Veen
Clemente Hune Palmer Walker
Condino Hunter Palsrok Ward
Cushingberry Jones, Hayes Pastor Waters
DeRoche Jones, Rick Pavlov Wenke
Dillon Kahn Pearce Williams
Donigan Kolb Plakas Wojno
Drolet Kooiman Polidori Zelenko
Ebli LaJoy
Nays--0
In The Chair: Caswell
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 "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2006 PA 234.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5963, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1233b (MCL 380.1233b), as amended by 1995 PA 289.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Education,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Elsenheimer 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. 5963, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1233b (MCL 380.1233b), as amended by 1995 PA 289.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 1357, entitled
A bill to amend 1945 PA 47, entitled "An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities; and to prescribe penalties and provide remedies," by amending section 1 (MCL 331.1).
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.
Rep. Ward moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Kooiman moved that Rep. Newell be excused from the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1357, entitled
A bill to amend 1945 PA 47, entitled "An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities; and to prescribe penalties and provide remedies," by amending section 1 (MCL 331.1).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1200 Yeas--103
Accavitti Elsenheimer Law, David Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, III Sak
Anderson Farhat Lemmons, Jr. Schuitmaker
Angerer Farrah Lipsey Shaffer
Ball Gaffney Marleau Sheen
Baxter Garfield Mayes Sheltrown
Bennett Gillard McDowell Smith, Alma
Bieda Gleason Meadows Smith, Virgil
Booher Gonzales Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Steil
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Nitz Van Regenmorter
Cheeks Hummel Nofs Vander Veen
Clack Hune Palmer Walker
Clemente Hunter Palsrok Ward
Condino Jones, Hayes Pastor Waters
Cushingberry Jones, Rick Pavlov Wenke
DeRoche Kahn Pearce Williams
Dillon Kolb Plakas Wojno
Donigan Kooiman Polidori Zelenko
Ebli LaJoy Proos
Nays--2
Drolet Gosselin
In The Chair: Caswell
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 339.
A resolution of tribute to the Honorable Mary Waters.
Whereas, The members of the Michigan House of Representatives are indeed honored to salute one of their own, the Honorable Mary Waters, upon the occasion of her retirement from the House. It is a pleasure for the members of this legislative body to join in paying tribute to our friend and colleague, Representative Mary Waters, for her outstanding contributions to the people of the Fourth District and the state of Michigan during her six-year tenure in the House; and
Whereas, Representative Waters has had a diverse career. A graduate of the University of Michigan, she has worked as a development coordinator for the Children's Center by raising funds for the center. She has also volunteered at the Children's Hospital and Harper Hospital. Representative Waters has also served on the State Collections Practices Board and as a member of the Detroit Charter Commission; and
Whereas, With these many experiences, it is not surprising that she was elected to represent Michigan citizens in the House of Representatives in 2000. Her leadership skills were soon recognized. Representative Waters was chosen to serve as the Democratic Floor Leader during her second term. She was also reelected to this position for the current term. She is the first African-American woman to hold this position in the House; and
Whereas, During her years as a lawmaker, she sponsored legislation in a host of areas, including measures dealing with local government bonding, criminal procedures, school funding for districts with declining enrollment, and a supplemental appropriation for the Detroit Zoo. Her dedication to the public interest and her leadership have been impressive, and we are grateful for her valuable contributions; now, therefore, be it
Resolved by the House of Representatives, That the highest tribute be accorded to the Honorable Mary Waters, a respected colleague and outstanding public servant; and be it further
Resolved, That a copy of this resolution be transmitted to Representative Waters as a reflection 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.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 340.
A resolution of tribute to the Honorable William Van Regenmorter.
Whereas, It is an honor and a true privilege to salute the Honorable William Van Regenmorter as he brings to a close nearly a quarter century of service on behalf of the Michigan Legislature and the people of the Great Lake State. As a highly effective lawmaker, committee chair, and legislative leader, William Van Regenmorter has had a positive and enduring impact on public policy in this state. Indeed, as an early advocate of environmental protection, leader in drunk driving reform, and, above all, as a champion of crime victim's rights, his good works have touched us all. There could be no finer testament to his dedication and effectiveness; and
Whereas, William Van Regenmorter has developed a lasting reputation as a hard-working, conscientious, and productive legislator. Moreover, in an era of term limits, his many legislative accomplishments may never again be equaled. He was first elected to the House of Representatives in 1982. He was a member in this legislative body until his 1990 election to the Senate, where he served three consecutive terms before returning to the House in 2003. He has been selected to serve in a host of leadership positions, but he has, perhaps, become best known for his work as the chair of the Judiciary Committee; and
Whereas, Clearly, William Van Regenmorter's legacy will always be linked to his many successful efforts on behalf of the victims of crime. The William Van Regenmorter Crime Victim's Rights Act was one of his early legislative accomplishments, and today this measure continues to stand as a testimony to his abiding concern for others; now, therefore, be it
Resolved by the House of Representatives, That a unanimous accolade of tribute be extended to the Honorable William Van Regenmorter as he brings to a close his career with the Michigan House of Representatives; and be it further
Resolved, That copies of this resolution be transmitted to Representative Van Regenmorter 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.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 341.
A resolution of tribute for the Honorable Shelley Goodman Taub.
Whereas, It is with great respect for her public service in the House of Representatives that we join together in thanking the Honorable Shelley Goodman Taub. Her experience in education, county government, and business prepared her for her work on state-wide issues that are vital to improving Michigan; and
Whereas, Shelley Goodman Taub was first elected to the Michigan House of Representatives in 2002. She has served the people of her district and our state, rising to chair the vital Transportation Subcommittee of the Appropriations Committee. She also served on the Medicaid Task Force to examine this important social program, and served as vice chair of the General Government and History, Art, and Libraries Appropriations subcommittees; and
Whereas, Representative Taub used her breadth of experience in county government, community and civic organizations, and her education and business background to address state objectives for the future from a variety of perspectives. The people of Michigan have been served well by this distinguished Oakland County representative; now, therefore, be it
Resolved by the House of Representatives, That we honor Representative Shelley Goodman Taub as she concludes her service with the Michigan House of Representatives; and be it further
Resolved, That a copy of this resolution be transmitted to Representative Taub 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.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 342.
A resolution for the Honorable Gary Newell.
Whereas, As he brings his esteemed tenure with the Michigan House of Representatives to a close, we would like to express our gratitude, appreciation, and admiration to Gary Newell for his valuable contributions to the Michigan Legislature and his tireless work on behalf of the Eighty-seventh District and our entire state; and
Whereas, Gary Newell's service in the Michigan Legislature is just another example of his dedication and commitment to his fellowman, having honorably served his country in the United States Air Force from 1963 to 1967 and having served the residents of the state of Michigan for more than 26 years as a Michigan State Police officer. Mr. Newell, who earned a bachelor's degree in business from Siena Heights University, has always been actively involved in the communities in which he has lived. He served on the executive board of the Capital Area Traffic Safety Committee; was a board member of the Silent Observer for Barry County; was chairman of the Barry County 9-1-1; and was a member of Kiwanis International and American Legion Post 175 in Saranac; and
Whereas, Representative Newell served on several high profile committees such as Agriculture, Judiciary, Tax Policy, and Health Policy, where he was the majority vice-chair. His committee assignments also included the chairmanship of the Appropriations subcommittee on Community Health. Among his notable achievements was his leadership in the creation of the new Health Information Technology Commission for Michigan. It should be duly noted that Representative Newell's work in the House over the past six years is deeply appreciated by his colleagues, staff members, the people of his district, and the entire state; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of tribute to thank and commend the Honorable Gary Newell for his valuable and worthy contributions to this legislative body and to our entire state; and be it further
Resolved, That a copy of this resolution be transmitted to Representative Newell as evidence of our sincere appreciation for his service to this state and our best wishes for his future endeavors.
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.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 343.
A resolution for the Honorable Leslie Mortimer.
Whereas, We take great pleasure in offering this expression of gratitude to Leslie Mortimer for her service as a member of the Michigan House of Representatives. We are grateful for her hard work and dedication to the people of Jackson and Lenawee counties and the entire state of Michigan; and
Whereas, Leslie Mortimer came to the Michigan House of Representatives after years of experience working in health care and volunteer service. Since graduating from Albion College and Case Western Reserve University in Cleveland and earning a master's degree from Wayne State University, she has worked for numerous health care facilities and now owns her own dietary consulting service. In addition, she has served as a two-time president of her local American Heart Association, and volunteered her time to various community services; and
Whereas, Representative Mortimer has effectively applied her education and experience to tackle numerous issues during the Ninety-third Michigan Legislature. She has served as vice-chair of the Education Committee and a member of the committees on Health Policy, Insurance, Veterans Affairs, and Homeland Security. In all aspects of her legislative responsibilities, she has been a tireless advocate for protecting the health and safety of Michigan's citizens; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable Leslie Mortimer for her notable contributions to this legislative body and to our entire state; and be it further
Resolved, That copies of this resolution be transmitted to Representative Mortimer as evidence of our gratitude and best wishes.
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.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 344.
A resolution for the Honorable Jerry O. Kooiman.
Whereas, We take great pleasure in offering this expression of thanks to Jerry Kooiman as he completes his final term in the Michigan House of Representatives. Representative Kooiman's hard work, integrity, and leadership have been an exceptional service to the state of Michigan and the people of Grand Rapids; and
Whereas, Jerry Kooiman's tenure in the Michigan House of Representatives has been the latest expression of his lifelong commitment to public service. Prior to his time in the House, he served six years as a member of the Kent County Board of Commissioners. In addition, Representative Kooiman has been an active member of his community, serving as an elder, deacon, and Sunday school teacher at his church and local Habitat for Humanity coordinator. In addition, he has worked on multiple commissions related to planning and development in Grand Rapids; and
Whereas, His experience and skill have served Representative Kooiman well as a legislator and leader in the House. In addition to his responsibilities with the Appropriations Committee and co-chair of the Welfare Reform Task Force, he has served with distinction as Speaker Pro Tempore during the Ninety-third Legislature; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable Jerry O. Kooiman for his notable contributions to this legislative body and to our entire state; and be it further
Resolved, That a copy of this resolution be transmitted to Representative Kooiman as evidence of our gratitude and best wishes.
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.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 345.
A resolution for the Honorable Tupac Hunter.
Whereas, It is with great pleasure and gratitude that the Michigan House of Representatives offers its congratulations to Tupac Hunter for his dedicated public service on behalf of his Wayne County district for the entire state of Michigan. His contributions to the legislative process have earned him the admiration and gratitude of his colleagues and staff; and
Whereas, Tupac Hunter earned his bachelor's degree in urban studies and public policy from Morehouse College. As project manager for the Detroit Economic Growth Corporation, he earned the valuable political and policy skills necessary to be an effective legislator. His education and prior work helped inspire a sense of service and civic-mindedness that led him to run for the Michigan House of Representatives, to which he was first elected in 2002; and
Whereas, Representative Hunter served admirably as minority whip and as minority vice chair of the Banking and Financial Services Committee, and also served on the Energy and Technology Committee, and Appropriations Committee. During his tenure in the Michigan House of Representatives, Tupac Hunter sponsored key economic development and consumer advocate legislation, which demonstrated his goal to better the lives of Michigan citizens; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of sincere thanks and appreciation to commend the Honorable Tupac Hunter for his notable service in the Michigan House of Representatives; and be it further
Resolved, That copies of this resolution be transmitted to Representative Hunter as evidence of our gratitude and best wishes.
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.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 346.
A resolution for the Honorable Scott Hummel.
Whereas, The members of this legislative body are proud to offer this expression of gratitude to Scott Hummel as he brings to a close his tenure of service and accomplishment in the Michigan House of Representatives. His leadership, most recently as the chair of the Appropriations Committee, as well as his service on the Civil Law and Judiciary; Redistricting and Elections; Education; Insurance; Local Government and Urban Policy; Tax Policy; and Transportation Committees, has been a great asset to his colleagues and the citizens of this state; and
Whereas, Scott Hummel earned his bachelor's degree in economics from Michigan State University. He built a 24-yearcareer at one of the state's major employers, General Motors, working primarily in the experimental assembly department of the vehicle engineering division, prior to his election to the Michigan House of Representatives through a special election in 2001; and
Whereas, Representative Hummel also brought to the legislature a wealth of local government experience. His dedication to public service is evidenced by his long-standing commitment to the citizens of mid-Michigan. Prior to serving the constituents of the Ninety-third House District, he was a Clinton County Commissioner, board member of the Tri-County Office on Aging, member of the Mid-South Abuse Commission, and member of the 911 Dispatch Board; and
Whereas, Representative Hummel incorporated his insights and ideals on public policy issues into his work as a legislator. His tenacity and clarity of purpose as a steward of the people's money was a driving force behind the shaping of our state budget in the face of many challenges; now, therefore, be it
Resolved by the House of Representatives, That for his years of commitment to the community and the citizens of the Great Lakes State, we extend our gratitude to the Honorable Scott Hummel as he concludes his service to this legislative body; and be it further
Resolved, That a copy of this resolution be transmitted to Representative Scott Hummel as evidence of our thanks and good wishes.
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.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 347.
A resolution for the Honorable David Farhat.
Whereas, It is with gratitude for his dedication over the past four years as a lawmaker that we salute David Farhat and thank him for his efforts as a member of this legislative body. His commitment and dedication have been beneficial not only to his Muskegon and Ottawa County District, but also to our entire state; and
Whereas, A lifelong resident of Muskegon County, David Farhat is dedicated to the people of the Ninety-first House District that he calls home. As a member of numerous civic and business organizations, he developed relationships within his community to promote economic development while balancing this growth with the need for shoreline and sand dune protection. His willingness to reach across boundaries to listen to competing interests has well served his district and the state of Michigan; and
Whereas, Representative Farhat's insight and commitment to our state government have contributed to his leadership on promoting policies to protect the citizens of Michigan from the youngest to the oldest. In particular, Representative Farhat sought changes in state law that would protect children from unwanted attention on the Internet, guard against identity theft, and ensure senior citizens have long-term care choices. As an avid boater and fisherman, David Farhat sought to protect the environment through the enactment of invasive plant legislation. He worked to ensure that future generations will be able to enjoy our Great Lakes legacy; and
Whereas, Representative Farhat provided leadership in the state budget process during difficult economic times. In addition to his membership on the House Appropriations Committee, he served as the chair of the subcommittee for Joint Capital Outlay and as a member of the subcommittees handling the budgets of several programs and state agencies, including Economic Development, School Aid, and the Departments of Education and Community Health; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable David Farhat for his notable contributions to this legislative body and to our entire state; and be it further
Resolved, That copies of this resolution be transmitted to Representative Farhat as evidence of our gratitude and best wishes.
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.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 348.
A resolution of tribute to the Honorable Dianne Byrum.
Whereas, As she brings to a close a long and highly productive career as a lawmaker, it is an honor for the members of the Michigan House of Representatives to extend our best wishes and highest commendation to Dianne Byrum. Indeed, as a member of this body and as a House leader, Dianne Byrum has exemplified the finest qualities of public service. She has clearly been an example for us all; and
Whereas, Dianne Byrum earned degrees at Lansing Community College and Michigan State University and served eight years as an Ingham County commissioner before being elected to her first term in the House in 1990. She was subsequently reelected to the House of Representatives in 1992, and, in 1994, Dianne was elected to the first of her two terms in the Michigan Senate. With her election in 2002, Dianne Byrum returned back to her "home" in the House; and
Whereas, As a member of this legislative chamber Dianne Byrum has developed a strong reputation for her hard work, commitment to good government, and, above all, her outstanding constituent service. Moreover, Representative Byrum was instrumental in adopting legislation to protect the public against domestic violence, stalking, and other predatory criminal behaviors. These measures, and her entire legislative record, stand as a sterling reflection of her warmth of heart and spirit of concern for the well-being of others. We can be sure that these fine qualities will continue to serve her well as she brings to a close her responsibilities as a member of the Michigan House of Representatives; now, therefore, be it
Resolved by the House of Representatives, That a unanimous accolade of tribute be extended to salute the HonorableDianne Byrum as she brings to a close her career with the House of Representatives; and be it further
Resolved, That copies of this resolution be transmitted to Representative Dianne Byrum as evidence of our esteem and best wishes.
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.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 349.
A resolution for the Honorable Richard Brown.
Whereas, It is a privilege to extend the congratulations of the House of Representatives to the Honorable Rich Brown as he completes six productive years with this legislative body. Representative Brown's talent, experience, and hard work have contributed to the development of sound policies in Michigan. His commitment to the legislative process has benefited the citizens of the One Hundred Tenth district; and
Whereas, Representative Brown has served as the Gogebic County Clerk-Register of Deeds and as a member of the Wakefield Township Board of Education. He is past chair of the Gogebic County Community Mental Health Board and past president of the Michigan Association of Community Health Boards. Representative Brown attended Northern Michigan University and the Brown Institute of Broadcasting in Minneapolis. He is the former news director for WUPM in Ironwood and a former reporter for the Ironwood Daily Globe. These diverse experiences have been put to good use in the service of our state as a lawmaker; and
Whereas, As a member of the Appropriations Committee and its subcommittees on Higher Education, Transportation, and Joint Capital Outlay, Representative Brown has provided insight and expertise on a number of issues important to the citizens of his district and our state. His enthusiasm for and devotion to the legislative process have been invaluable assets to the entire House of Representatives; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable Richard Brown for his notable contributions to this legislative body and to our entire state; and be it further
Resolved, That copies of this resolution be transmitted to Representative Brown as evidence of our gratitude and best wishes.
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.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 350.
A resolution for the Honorable Rick Baxter.
Whereas, It is with great respect that we honor and thank Representative Rick Baxter, our colleague and friend, for his service to the people of the state of Michigan as a member of the House of Representatives. His high standards have benefited the citizens of the Sixty-fourth House District and the state as a whole; and
Whereas, Representative Baxter earned a bachelor's degree in English and business from Spring Arbor University. He worked as the chief financial officer at Baxter Machine and Tool and served as a Jackson County Commissioner prior to serving as a member of Michigan's Ninety-third Legislature. Representative Baxter was elected to the House of Representatives in 2004; and
Whereas, His experience and education have proven to be important assets during his term as a legislator. Representative Baxter has contributed significantly to the legislative process through his work on the Conservation, Forestry, and Outdoor Recreation; Energy and Technology; and Local Government and Urban Policy Committees. Representative Baxter has used his knowledge and experience to offer invaluable insight on issues concerning child protection and business and economic development; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable Rick Baxter for his notable contributions to this legislative body and to our entire state; and be it further
Resolved, That a copy of this resolution be transmitted to Representative Baxter as evidence of our gratitude and best wishes.
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 Agriculture, by Rep. Nitz, Chair, reported
Senate Bill No. 840, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8501, 8502, 8503, 8505, 8506, 8507, 8509, 8510, and 8514 (MCL 324.8501, 324.8502, 324.8503, 324.8505, 324.8506, 324.8507, 324.8509, 324.8510, and 324.8514), section 8501 as amended by 1998 PA 276 and sections 8502, 8503, 8505, 8506, 8507, 8509, 8510, and 8514 as added by 1995 PA 60, and by adding sections 8501a, 8519, 8520, 8521, and 8522.
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. Nitz, Ball, Casperson, Stahl, Mayes, Spade and Sheltrown
Nays: Rep. Hune
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Nitz, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Thursday, December 7, 2006
Present: Reps. Nitz, Ball, Casperson, Stahl, Proos, Hune, Mayes, Spade and Sheltrown
Absent: Reps. Newell and Kathleen Law
Excused: Reps. Newell and Kathleen Law
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Stahl, Chair, of the Committee on Family and Children Services, was received and read:
Meeting held on: Wednesday, December 6, 2006
Present: Reps. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, December 7, for her approval of the following bills:
Enrolled House Bill No. 5682 at 4:04 p.m.
Enrolled House Bill No. 5961 at 4:06 p.m.
Enrolled House Bill No. 6075 at 4:08 p.m.
Enrolled House Bill No. 6186 at 4:10 p.m.
The Clerk announced that the following bill had been printed and placed upon the files of the members on Thursday, December 7:
Senate Bill No. 1519
The Clerk announced that the following Senate bills had been received on Thursday, December 7:
Senate Bill Nos. 350 1303 1304 1327
By unanimous consent the House returned to the order of
Messages from the Senate
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).
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
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 Senate has amended the bill as follows:
1. Amend page 3, line 24, after "effect" by striking out the balance of the enacting section and inserting "May 14, 2007.".
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 350, entitled
A bill to amend 1933 PA 254, entitled "The motor carrier act," by amending section 1 of article I, sections 5, 6, 7, and 10 of article II, section 6 of article III, and section 2 of article V (MCL 475.1, 476.5, 476.6, 476.7, 476.10, 477.6, and 479.2), section 1 of article I, sections 5 and 7 of article II, and section 6 of article III as amended by 1993 PA 352, sections 6 and 10 of article II as amended by 1982 PA 399, and section 2 of article V as amended by 1996 PA 76, and by adding section 7 to article V.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 1303, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2201, 2202, 2203, 2204, 2205, 2208, 2209, 2210, and 2211 (MCL 339.2201, 339.2202, 339.2203, 339.2204, 339.2205, 339.2208, 339.2209, 339.2210, and 339.2211), section 2204 as amended by 1981 PA 83 and sections 2205 and 2209 as amended by 1988 PA 463, and by adding section 2202a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 1304, entitled
A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 15 (MCL 338.2215), as amended by 2003 PA 87.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 1327, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1532 (MCL 380.1532), as amended by 1995 PA 289.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Health Policy from further consideration of Senate Bill No. 1274.
Rep. Gaffney
Introduction of Bills
Reps. Kathleen Law, Bieda, Meisner, Zelenko, Miller, Farrah, Hopgood and Donigan introduced
House Bill No. 6706, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416e.
The bill was read a first time by its title and referred to the Committee on Health Policy.
______
The Speaker Pro Tempore resumed the Chair.
Rep. Sak moved that Reps. Espinoza and Plakas be excused temporarily from today's session.
The motion prevailed.
Rep. Palmer moved that Reps. Sheen and Meyer be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 6606, entitled
A bill relating to the promotion of convention business and tourism in this state and certain metropolitan areas of this state; to provide for tourism and convention marketing and promotion programs in certain metropolitan areas; to provide for imposition and collection of assessments on the owners of transient facilities to support tourism and convention marketing and promotion programs; to provide for the disbursement of the assessments; to establish the functions and duties of certain state departments and employees; and to prescribe penalties and remedies.
The Senate has amended the bill as follows:
1. Amend page 2, line 5, by striking out all of subdivision (b) and inserting:
"(b) "Assessment district" means a municipality or a combination of municipalities as described in a marketing program.".
2. Amend page 2, line 16, after "than" by striking out "30" and inserting "25".
3. Amend page 3, following line 8, by inserting:
"(i) "Municipality" means a city, county, village or township." and relettering the remaining subdivisions.
4. Amend page 4, line 15, after "levied" by striking out the balance of the line through period," on line 16.
5. Amend page 4, line 16, after the first "the" by striking out "county" and inserting "municipality or municipalities".
6. Amend page 4, following line 17, by inserting:
"(4) A bureau may impose an assessment not to exceed 2% of the room charges in the applicable payment period if either of the following conditions are met:
(a) The assessment district includes a municipality having a population of more than 570,000 and less than 775,000.
(b) The assessment district includes a municipality within which is levied a 4% marketing assessment under 1980 PA 395, MCL 141.871 to 141.880." and renumbering the remaining subsections.
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1201 Yeas--4
Byrum Meadows Murphy Smith, Alma
Nays--96
Accavitti Drolet Kahn Polidori
Acciavatti Ebli Kolb Proos
Adamini Elsenheimer Kooiman Robertson
Anderson Emmons LaJoy Rocca
Angerer Farhat Law, David Sak
Ball Farrah Leland Schuitmaker
Baxter Gaffney Lemmons, III Shaffer
Bennett Garfield Lemmons, Jr. Sheltrown
Bieda Gillard Lipsey Smith, Virgil
Booher Gleason Marleau Spade
Brandenburg Gonzales Mayes Stahl
Brown Gosselin McDowell Steil
Byrnes Green Meisner Stewart
Casperson Hansen Miller Taub
Caswell Hildenbrand Moolenaar Tobocman
Caul Hood Moore Vagnozzi
Cheeks Hoogendyk Mortimer Van Regenmorter
Clack Hopgood Nitz Vander Veen
Clemente Huizenga Nofs Walker
Condino Hummel Palmer Ward
Cushingberry Hune Palsrok Waters
DeRoche Hunter Pastor Wenke
Dillon Jones, Hayes Pavlov Wojno
Donigan Jones, Rick Pearce Zelenko
In The Chair: Kooiman
______
Rep. Sak moved that Rep. Williams be excused temporarily from today's session.
The motion prevailed.
House Bill No. 6303, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 13 (MCL 125.2663), as amended by 2006 PA 32.
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 pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (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. 1202 Yeas--100
Accavitti Drolet Kolb Polidori
Acciavatti Ebli Kooiman Proos
Adamini Elsenheimer LaJoy Robertson
Anderson Emmons Law, David Rocca
Angerer Farhat Leland Sak
Ball Farrah Lemmons, III Schuitmaker
Baxter Gaffney Lemmons, Jr. Shaffer
Bennett Garfield Lipsey Sheltrown
Bieda Gillard Marleau Smith, Alma
Booher Gleason Mayes Smith, Virgil
Brandenburg Gonzales McDowell Spade
Brown Gosselin Meadows Stahl
Byrnes Green Meisner Steil
Byrum Hansen Miller Stewart
Casperson Hildenbrand Moolenaar Taub
Caswell Hood Moore Tobocman
Caul Hoogendyk Mortimer Vagnozzi
Cheeks Hopgood Murphy Van Regenmorter
Clack Huizenga Nitz Vander Veen
Clemente Hummel Nofs Walker
Condino Hune Palmer Ward
Cushingberry Hunter Palsrok Waters
DeRoche Jones, Hayes Pastor Wenke
Dillon Jones, Rick Pavlov Wojno
Donigan Kahn Pearce Zelenko
Nays--0
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 6698, entitled
A bill to create a child support formula commission; and to provide for its powers and duties.
The bill was read a second time.
Rep. Lipsey moved to amend the bill as follows:
1. Amend page 4, line 23, after "act" by inserting "and any administrative procedures or clarifications issued by the friend of the court bureau prior to July 1, 2007".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Lipsey moved to amend the bill as follows:
1. Amend page 4, line 3, after the first "the" by inserting "voting".
2. Amend page 4, line 5, after "the" by inserting "voting".
3. Amend page 4, line 18, after "following" by inserting "by administrative rule".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Lipsey 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. 6698, entitled
A bill to create a child support formula commission; and to provide for its powers and duties.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1203 Yeas--62
Acciavatti Farrah Law, David Proos
Adamini Gaffney Leland Robertson
Ball Gillard Lemmons, III Rocca
Bieda Gleason Lemmons, Jr. Schuitmaker
Booher Green Lipsey Shaffer
Brandenburg Hansen Marleau Sheltrown
Casperson Hildenbrand Mayes Smith, Alma
Caul Hopgood McDowell Smith, Virgil
Cheeks Hune Meadows Steil
Clack Hunter Miller Taub
Condino Jones, Hayes Mortimer Tobocman
DeRoche Jones, Rick Murphy Vagnozzi
Dillon Kahn Nitz Van Regenmorter
Donigan Kolb Palsrok Ward
Ebli Kooiman Pavlov Wenke
Farhat LaJoy
Nays--39
Accavitti Cushingberry Hummel Sheen
Anderson Drolet Meisner Spade
Angerer Elsenheimer Moolenaar Stahl
Baxter Emmons Moore Stewart
Bennett Garfield Nofs Vander Veen
Brown Gonzales Palmer Walker
Byrnes Gosselin Pastor Waters
Byrum Hood Pearce Wojno
Caswell Hoogendyk Polidori Zelenko
Clemente Huizenga Sak
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6699, entitled
A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending sections 5, 17, 17e, and 19 (MCL 552.505, 552.517, 552.517e, and 552.519), section 5 as amended by 2002 PA 571, sections 17 and 19 as amended by 2004 PA 207, and section 17e as added by 1998 PA 63.
The bill was read a second time.
Rep. Condino 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. Palmer moved that Rep. Kahn 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. 6699, entitled
A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending sections 5, 17, 17e, and 19 (MCL 552.505, 552.517, 552.517e, and 552.519), section 5 as amended by 2002 PA 571, sections 17 and 19 as amended by 2004 PA 207, and section 17e as added by 1998 PA 63.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1204 Yeas--57
Acciavatti Farhat Kooiman Pavlov
Adamini Farrah LaJoy Proos
Ball Gaffney Law, David Rocca
Bieda Gillard Leland Schuitmaker
Booher Gleason Lemmons, III Shaffer
Brandenburg Green Lemmons, Jr. Sheltrown
Casperson Hansen Lipsey Smith, Alma
Caul Hildenbrand Marleau Smith, Virgil
Cheeks Hopgood Mayes Steil
Clack Hune McDowell Taub
Condino Hunter Meadows Tobocman
DeRoche Jones, Hayes Miller Vagnozzi
Dillon Jones, Rick Murphy Van Regenmorter
Donigan Kolb Nitz Ward
Ebli
Nays--44
Accavitti Drolet Meyer Sak
Anderson Elsenheimer Moolenaar Sheen
Angerer Emmons Moore Spade
Baxter Garfield Mortimer Stahl
Bennett Gonzales Nofs Stewart
Brown Gosselin Palmer Vander Veen
Byrnes Hood Palsrok Walker
Byrum Hoogendyk Pastor Waters
Caswell Huizenga Pearce Wenke
Clemente Hummel Polidori Wojno
Cushingberry Meisner Robertson Zelenko
In The Chair: Kooiman
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 6700, entitled
A bill to amend 1966 PA 138, entitled "The family support act," by amending section 4 (MCL 552.454), as amended by 1999 PA 158.
The bill was read a second time.
Rep. Bieda 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. 6700, entitled
A bill to amend 1966 PA 138, entitled "The family support act," by amending section 4 (MCL 552.454), as amended by 1999 PA 158.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1205 Yeas--57
Acciavatti Gaffney Leland Proos
Adamini Gillard Lemmons, III Rocca
Ball Green Lemmons, Jr. Schuitmaker
Bieda Hansen Lipsey Shaffer
Booher Hildenbrand Marleau Sheltrown
Casperson Hopgood Mayes Smith, Alma
Caul Hune McDowell Smith, Virgil
Cheeks Hunter Meadows Steil
Condino Jones, Hayes Miller Stewart
DeRoche Jones, Rick Mortimer Taub
Dillon Kolb Murphy Tobocman
Donigan Kooiman Nitz Vagnozzi
Ebli LaJoy Nofs Van Regenmorter
Farhat Law, David Pavlov Ward
Farrah
Nays--44
Accavitti Clemente Huizenga Robertson
Anderson Cushingberry Hummel Sak
Angerer Drolet Meisner Sheen
Baxter Elsenheimer Meyer Spade
Bennett Emmons Moolenaar Stahl
Brandenburg Garfield Moore Vander Veen
Brown Gleason Palmer Walker
Byrnes Gonzales Palsrok Waters
Byrum Gosselin Pastor Wenke
Caswell Hood Pearce Wojno
Clack Hoogendyk Polidori Zelenko
In The Chair: Kooiman
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 6701, entitled
A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending section 5 (MCL 552.605), as added by 2001 PA 106.
The bill was read a second time.
Rep. Virgil Smith 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. 6701, entitled
A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending section 5 (MCL 552.605), as added by 2001 PA 106.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1206 Yeas--56
Acciavatti Farhat Kooiman Pavlov
Adamini Farrah LaJoy Proos
Ball Gaffney Law, David Rocca
Bieda Gillard Leland Schuitmaker
Booher Gleason Lemmons, III Shaffer
Casperson Green Lemmons, Jr. Sheltrown
Caul Hansen Lipsey Smith, Alma
Cheeks Hildenbrand Marleau Smith, Virgil
Clack Hopgood Mayes Steil
Condino Hune McDowell Taub
DeRoche Hunter Meadows Tobocman
Dillon Jones, Hayes Miller Vagnozzi
Donigan Jones, Rick Mortimer Van Regenmorter
Ebli Kolb Murphy Ward
Nays--45
Accavitti Drolet Meyer Sak
Anderson Elsenheimer Moolenaar Sheen
Angerer Emmons Moore Spade
Baxter Garfield Nitz Stahl
Bennett Gonzales Nofs Stewart
Brandenburg Gosselin Palmer Vander Veen
Brown Hood Palsrok Walker
Byrnes Hoogendyk Pastor Waters
Byrum Huizenga Pearce Wenke
Caswell Hummel Polidori Wojno
Clemente Meisner Robertson Zelenko
Cushingberry
In The Chair: Kooiman
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 6702, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5078 (MCL 600.5078), as added by 2000 PA 420.
The bill was read a second time.
Rep. Kolb 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. 6702, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5078 (MCL 600.5078), as added by 2000 PA 420.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1207 Yeas--56
Acciavatti Farhat LaJoy Proos
Adamini Farrah Law, David Rocca
Ball Gaffney Leland Schuitmaker
Bieda Gillard Lemmons, III Shaffer
Booher Gleason Lemmons, Jr. Sheltrown
Casperson Green Lipsey Smith, Alma
Caul Hansen Marleau Smith, Virgil
Cheeks Hopgood Mayes Steil
Clack Hune McDowell Taub
Condino Hunter Meadows Tobocman
DeRoche Jones, Hayes Miller Vagnozzi
Dillon Jones, Rick Mortimer Van Regenmorter
Donigan Kolb Murphy Ward
Ebli Kooiman Pavlov Wenke
Nays--45
Accavitti Drolet Meisner Robertson
Anderson Elsenheimer Meyer Sak
Angerer Emmons Moolenaar Sheen
Baxter Garfield Moore Spade
Bennett Gonzales Nitz Stahl
Brandenburg Gosselin Nofs Stewart
Brown Hildenbrand Palmer Vander Veen
Byrnes Hood Palsrok Walker
Byrum Hoogendyk Pastor Waters
Caswell Huizenga Pearce Wojno
Clemente Hummel Polidori Zelenko
Cushingberry
In The Chair: Kooiman
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 6703, entitled
A bill to amend 1968 PA 293, entitled "An act to establish the status of minors; to define the rights and duties of parents; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; and to establish the conditions for emancipation of minors," by amending section 3 (MCL 722.3), as amended by 2001 PA 110.
The bill was read a second time.
Rep. Lipsey 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. 6703, entitled
A bill to amend 1968 PA 293, entitled "An act to establish the status of minors; to define the rights and duties of parents; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; and to establish the conditions for emancipation of minors," by amending section 3 (MCL 722.3), as amended by 2001 PA 110.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1208 Yeas--56
Acciavatti Farrah LaJoy Proos
Adamini Gaffney Law, David Rocca
Ball Gillard Leland Schuitmaker
Bieda Gleason Lemmons, III Shaffer
Booher Green Lemmons, Jr. Sheltrown
Casperson Hansen Lipsey Smith, Alma
Caul Hood Marleau Smith, Virgil
Cheeks Hopgood Mayes Steil
Condino Hune McDowell Taub
DeRoche Hunter Meadows Tobocman
Dillon Jones, Hayes Miller Vagnozzi
Donigan Jones, Rick Mortimer Van Regenmorter
Ebli Kolb Murphy Ward
Farhat Kooiman Pavlov Wenke
Nays--45
Accavitti Cushingberry Meisner Robertson
Anderson Drolet Meyer Sak
Angerer Elsenheimer Moolenaar Sheen
Baxter Emmons Moore Spade
Bennett Garfield Nitz Stahl
Brandenburg Gonzales Nofs Stewart
Brown Gosselin Palmer Vander Veen
Byrnes Hildenbrand Palsrok Walker
Byrum Hoogendyk Pastor Waters
Caswell Huizenga Pearce Wojno
Clack Hummel Polidori Zelenko
Clemente
In The Chair: Kooiman
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 6704, entitled
A bill to amend 1956 PA 205, entitled "The paternity act," by amending section 4 (MCL 722.714), as amended by 1998 PA 113.
The bill was read a second time.
Rep. Adamini moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Hildenbrand 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. 6704, entitled
A bill to amend 1956 PA 205, entitled "The paternity act," by amending section 4 (MCL 722.714), as amended by 1998 PA 113.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1209 Yeas--57
Acciavatti Farrah LaJoy Proos
Adamini Gaffney Law, David Rocca
Ball Gillard Leland Schuitmaker
Bieda Gleason Lemmons, III Shaffer
Booher Green Lemmons, Jr. Sheltrown
Brown Hansen Lipsey Smith, Alma
Casperson Hood Marleau Smith, Virgil
Caul Hopgood Mayes Steil
Cheeks Hune McDowell Taub
Condino Hunter Meadows Tobocman
DeRoche Jones, Hayes Miller Vagnozzi
Dillon Jones, Rick Mortimer Van Regenmorter
Donigan Kolb Murphy Ward
Ebli Kooiman Pavlov Wenke
Farhat
Nays--44
Accavitti Cushingberry Meisner Robertson
Anderson Drolet Meyer Sak
Angerer Elsenheimer Moolenaar Sheen
Baxter Emmons Moore Spade
Bennett Garfield Nitz Stahl
Brandenburg Gonzales Nofs Stewart
Byrnes Gosselin Palmer Vander Veen
Byrum Hildenbrand Palsrok Walker
Caswell Hoogendyk Pastor Waters
Clack Huizenga Pearce Wojno
Clemente Hummel Polidori Zelenko
In The Chair: Kooiman
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 6705, entitled
A bill to amend 1952 PA 8, entitled "Revised uniform reciprocal enforcement of support act," by amending sections 13and 14 (MCL 780.163 and 780.164), section 13 as amended by 1990 PA 241 and section 14 as amended by 1999 PA 155.
The bill was read a second time.
Rep. Lipsey moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Hildenbrand 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. 6705, entitled
A bill to amend 1952 PA 8, entitled "Revised uniform reciprocal enforcement of support act," by amending sections 13and 14 (MCL 780.163 and 780.164), section 13 as amended by 1990 PA 241 and section 14 as amended by 1999 PA 155.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1210 Yeas--58
Acciavatti Ebli Kooiman Pavlov
Adamini Farhat LaJoy Proos
Ball Farrah Law, David Rocca
Bieda Gaffney Leland Schuitmaker
Booher Gillard Lemmons, III Shaffer
Brown Gleason Lemmons, Jr. Sheltrown
Casperson Green Lipsey Smith, Alma
Caul Hansen Marleau Smith, Virgil
Cheeks Hood Mayes Steil
Clack Hopgood McDowell Tobocman
Clemente Hune Meadows Vagnozzi
Condino Hunter Miller Van Regenmorter
DeRoche Jones, Hayes Mortimer Ward
Dillon Jones, Rick Murphy Wenke
Donigan Kolb
Nays--43
Accavitti Elsenheimer Moolenaar Sheen
Anderson Emmons Moore Spade
Angerer Garfield Nitz Stahl
Baxter Gonzales Nofs Stewart
Bennett Gosselin Palmer Taub
Brandenburg Hildenbrand Palsrok Vander Veen
Byrnes Hoogendyk Pastor Walker
Byrum Huizenga Pearce Waters
Caswell Hummel Polidori Wojno
Cushingberry Meisner Robertson Zelenko
Drolet Meyer Sak
In The Chair: Kooiman
The House agreed to the title of the bill.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Ward moved that the Committee on Health Policy be discharged from further consideration of House Bill No. 6006.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
House Bill No. 6006, entitled
A bill to create an adequate health care task force; and to provide for a report.
The bill was read a second time.
Rep. Murphy 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. 6006, entitled
A bill to create an adequate health care task force; and to provide for a report.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 6527, entitled
A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 2 (MCL 432.202), as amended by 1997 PA 69.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Government Operations (for amendment, see House Journal No. 90, p. 2868),
The amendment 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 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. 6527, entitled
A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 2 (MCL 432.202), as amended by 1997 PA 69.
Was read a third time and passed, 3/4 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1211 Yeas--90
Accavitti Donigan Kolb Proos
Acciavatti Drolet LaJoy Robertson
Adamini Ebli Law, David Rocca
Anderson Elsenheimer Leland Sak
Angerer Emmons Lemmons, III Schuitmaker
Ball Farhat Lemmons, Jr. Shaffer
Baxter Farrah Lipsey Sheltrown
Bennett Gaffney Marleau Smith, Alma
Bieda Garfield Mayes Smith, Virgil
Booher Gillard McDowell Spade
Brandenburg Gleason Meadows Stahl
Brown Gonzales Meisner Steil
Byrnes Gosselin Miller Stewart
Byrum Hansen Moolenaar Tobocman
Casperson Hildenbrand Mortimer Vagnozzi
Caswell Hood Murphy Vander Veen
Cheeks Hoogendyk Nitz Walker
Clack Hopgood Nofs Ward
Clemente Huizenga Palmer Waters
Condino Hummel Pastor Wenke
Cushingberry Hune Pavlov Wojno
DeRoche Hunter Polidori Zelenko
Dillon Jones, Hayes
Nays--12
Caul Kooiman Newell Sheen
Green Meyer Palsrok Taub
Jones, Rick Moore Pearce Van Regenmorter
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5943, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57k (MCL 400.57k), as amended by 2004 PA 445.
The bill was read a second time.
Rep. Hunter moved to amend the bill as follows:
1. Amend page 4, following line 3, by inserting:
"Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 93rd Legislature are enacted into law:
(a) Senate Bill No. 640.
(b) House Bill No. 5022.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Hunter 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. 5943, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57k (MCL 400.57k), as amended by 2004 PA 445.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1212 Yeas--102
Accavitti Ebli Law, David Proos
Acciavatti Elsenheimer Leland Robertson
Adamini Emmons Lemmons, III Rocca
Anderson Farhat Lemmons, Jr. Sak
Angerer Farrah Lipsey Schuitmaker
Ball Gaffney Marleau Shaffer
Baxter Garfield Mayes Sheen
Bennett Gillard McDowell Sheltrown
Bieda Gleason Meadows Smith, Alma
Booher Gonzales Meisner Smith, Virgil
Brandenburg Gosselin Meyer Spade
Brown Green Miller Stahl
Byrnes Hansen Moolenaar Steil
Byrum Hildenbrand Moore Stewart
Casperson Hood Mortimer Taub
Caswell Hoogendyk Murphy Tobocman
Caul Hopgood Newell Vagnozzi
Cheeks Huizenga Nitz Van Regenmorter
Clack Hummel Nofs Vander Veen
Clemente Hune Palmer Walker
Condino Hunter Palsrok Ward
Cushingberry Jones, Hayes Pastor Waters
DeRoche Jones, Rick Pavlov Wenke
Dillon Kolb Pearce Wojno
Donigan Kooiman Polidori Zelenko
Drolet LaJoy
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 motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1335, entitled
A bill to provide for the administration of the Michigan merit award program; to provide for the powers and duties of certain state officers and entities; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Appropriations,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
Rep. Moore moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Caswell moved to amend the bill as follows:
1. Amend page 11, line 5, after "and" by striking out the balance of the line through "subsection" on line 6 and inserting "pay the remaining balance as follows:
(a) Unless subdivision (b) applies, to the student.
(b) If the money received by the institution under this subsection is a grant installment under section 6(2)(a) or (b) and the student elects to leave an approved postsecondary educational institution without completing the classes in which he or she enrolled, to the department. The student has no further right to any money returned to the department under this subdivision.
(3) Subsection (2)" and renumbering the remaining subsection.
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.
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
Senate Bill No. 1335, entitled
A bill to provide for the administration of the Michigan merit award program; to provide for the powers and duties of certain state officers and entities; 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. 1213 Yeas--90
Accavitti Ebli Leland Proos
Acciavatti Elsenheimer Lemmons, III Robertson
Adamini Emmons Lemmons, Jr. Rocca
Anderson Farhat Lipsey Sak
Angerer Farrah Marleau Schuitmaker
Ball Gaffney Mayes Shaffer
Bennett Gillard McDowell Sheen
Bieda Gleason Meadows Sheltrown
Brandenburg Gonzales Meisner Smith, Alma
Brown Green Meyer Smith, Virgil
Byrnes Hansen Miller Spade
Byrum Hildenbrand Moolenaar Stahl
Casperson Hood Moore Stewart
Caswell Hopgood Mortimer Taub
Caul Hummel Murphy Tobocman
Cheeks Hune Newell Vagnozzi
Clack Hunter Nitz Van Regenmorter
Clemente Jones, Hayes Nofs Walker
Condino Jones, Rick Palsrok Waters
Cushingberry Kolb Pastor Wenke
DeRoche Kooiman Pavlov Wojno
Dillon LaJoy Polidori Zelenko
Donigan Law, David
Nays--12
Baxter Garfield Huizenga Steil
Booher Gosselin Palmer Vander Veen
Drolet Hoogendyk Pearce Ward
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 provide for the administration of the Michigan promise grant program; to provide for the powers and duties of certain state officers and entities; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6302, entitled
A bill to provide for the administration of the Michigan merit award program; to provide for the powers and duties of certain state officers and entities; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Appropriations,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Hunter 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. 6302, entitled
A bill to provide for the administration of the Michigan merit award program; to provide for the powers and duties of certain state officers and entities; 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. 1214 Yeas--90
Accavitti Ebli Leland Proos
Acciavatti Elsenheimer Lemmons, III Robertson
Adamini Emmons Lemmons, Jr. Rocca
Anderson Farhat Lipsey Sak
Angerer Farrah Marleau Schuitmaker
Ball Gaffney Mayes Shaffer
Bennett Gillard McDowell Sheen
Bieda Gleason Meadows Sheltrown
Brandenburg Gonzales Meisner Smith, Alma
Brown Green Meyer Smith, Virgil
Byrnes Hansen Miller Spade
Byrum Hildenbrand Moolenaar Stahl
Casperson Hood Moore Stewart
Caswell Hopgood Mortimer Taub
Caul Hummel Murphy Tobocman
Cheeks Hune Newell Vagnozzi
Clack Hunter Nitz Van Regenmorter
Clemente Jones, Hayes Nofs Walker
Condino Jones, Rick Palsrok Waters
Cushingberry Kolb Pastor Wenke
DeRoche Kooiman Pavlov Wojno
Dillon LaJoy Polidori Zelenko
Donigan Law, David
Nays--12
Baxter Garfield Huizenga Steil
Booher Gosselin Palmer Vander Veen
Drolet Hoogendyk Pearce Ward
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 1999 PA 94, entitled "Michigan merit award scholarship act," by amending sections 2, 6, 7, 7a, 7b, and 8 (MCL 390.1452, 390.1456, 390.1457, 390.1457a, 390.1457b, and 390.1458), sections 2, 6, and 8 as amended and sections 7a and 7b as added by 2004 PA 595 and section 7 as amended by 2006 PA 241; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Spade moved that the Committee on Agriculture be discharged from further consideration of House Bill No. 6398.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
House Bill No. 6398, entitled
A bill to repeal 1939 PA 113, entitled "An act relative to domestic or foreign grown tomatoes; and to prescribe penalties for the violation of the provisions of this act," (MCL 752.751 to 752.752).
The bill was read a second time.
Rep. Spade 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. Meyer moved that Rep. Van Regenmorter be excused from the balance of today's session.
The motion prevailed.
Rep. Ward moved that Rep. Acciavatti be excused from the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6398, entitled
A bill to repeal 1939 PA 113, entitled "An act relative to domestic or foreign grown tomatoes; and to prescribe penalties for the violation of the provisions of this act," (MCL 752.751 to 752.752).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1215 Yeas--98
Accavitti Ebli LaJoy Proos
Adamini Elsenheimer Law, David Robertson
Anderson Emmons Leland Rocca
Angerer Farhat Lemmons, III Sak
Ball Farrah Lemmons, Jr. Schuitmaker
Baxter Gaffney Lipsey Shaffer
Bennett Garfield Marleau Sheen
Bieda Gillard Mayes Sheltrown
Booher Gleason McDowell Smith, Alma
Brandenburg Gonzales Meadows Smith, Virgil
Brown Gosselin Meisner Spade
Byrnes Green Meyer Stahl
Byrum Hansen Miller Steil
Casperson Hildenbrand Moolenaar Stewart
Caswell Hood Moore Taub
Caul Hoogendyk Mortimer Tobocman
Cheeks Hopgood Murphy Vagnozzi
Clack Huizenga Newell Vander Veen
Clemente Hummel Palmer Walker
Condino Hune Palsrok Ward
Cushingberry Hunter Pastor Waters
DeRoche Jones, Hayes Pavlov Wenke
Dillon Jones, Rick Pearce Wojno
Donigan Kolb Polidori Zelenko
Drolet Kooiman
Nays--1
Nitz
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Anderson, Stewart, Drolet, Zelenko, Kolb, Lipsey, Hummel, Adamini, Brown, Gaffney, Farrah, Hopgood, Bieda, Wojno, Clack, Vagnozzi, DeRoche, Taub, Accavitti, Gleason, Caswell, Hoogendyk, Wenke, Sak, Stahl, Huizenga, Gillard, Casperson, Dillon, Angerer, Ball, Baxter, Bennett, Byrnes, Clemente, Cushingberry, Elsenheimer, Gonzales, Gosselin, Hildenbrand, Rick Jones, David Law, Lemmons, III, Lemmons, Jr., Marleau, Mayes, McDowell, Pearce, Polidori, Schuitmaker, Sheltrown, Alma Smith, Murphy, Ebli, Hayes Jones and Meadows were named co-sponsors of the bill.
The House returned to the consideration of
House Bill No. 6006, entitled
A bill to create an adequate health care task force; and to provide for a report.
(The bill was considered earlier today, see today's Journal, p. 3009.)
The question being on the passage of the bill,
Rep. Murphy moved to substitute (H-1) the bill.
The motion was seconded and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
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. 1216 Yeas--78
Accavitti Ebli Lemmons, III Polidori
Adamini Emmons Lemmons, Jr. Proos
Anderson Farhat Lipsey Rocca
Angerer Farrah Marleau Sak
Ball Gaffney Mayes Sheltrown
Bennett Gillard McDowell Smith, Alma
Bieda Gleason Meadows Smith, Virgil
Brown Gonzales Meisner Spade
Byrnes Green Meyer Steil
Byrum Hansen Miller Stewart
Casperson Hood Moore Taub
Caul Hopgood Mortimer Tobocman
Cheeks Hunter Murphy Vagnozzi
Clack Jones, Hayes Newell Walker
Clemente Jones, Rick Nitz Ward
Condino Kolb Nofs Waters
Cushingberry Kooiman Palsrok Wenke
DeRoche LaJoy Pavlov Wojno
Dillon Law, David Pearce Zelenko
Donigan Leland
Nays--22
Baxter Garfield Hune Schuitmaker
Booher Gosselin Moolenaar Shaffer
Brandenburg Hildenbrand Palmer Sheen
Caswell Hoogendyk Pastor Stahl
Drolet Huizenga Robertson Vander Veen
Elsenheimer Hummel
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 create a task force to study adequate health care; and to provide for a report.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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
Rep. Ward moved that when the House adjourns today it stand adjourned until Tuesday, December 12, at 10:30 a.m.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bill had been printed and placed upon the files of the members on Thursday, December 7:
House Bill No. 6706
The Clerk announced that the following Senate bill had been received on Thursday, December 7:
Senate Bill No. 1081
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 1081, entitled
A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; to provide for expenditures under the supervision of the director of the department of management and budget and the state administrative board; to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2007; and to provide for the expenditure of the appropriations.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Notices
The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 6606, Reps.Huizenga, Hildenbrand and Meisner.
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Regulatory Reform from further consideration of Senate Bill No. 631.
Rep. Ward
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Regulatory Reform from further consideration of Senate Bill No. 632.
Rep. Ward
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Regulatory Reform from further consideration of Senate Bill No. 826.
Rep. Ward
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Regulatory Reform from further consideration of Senate Bill No. 827.
Rep. Ward
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Regulatory Reform from further consideration of Senate Bill No. 1273.
Rep. Ward
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of House Bill No. 6660.
Rep. Farhat
______
Rep. Garfield moved that the House adjourn.
The motion prevailed, the time being 7:45 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, December 12, at 10:30 a.m.
GARY L. RANDALL
Clerk of the House of Representatives