No. 43

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature


REGULAR SESSION OF 2005


House Chamber, Lansing, Wednesday, May 18, 2005.

1:00 p.m.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Accavitti--present Emmons--present Leland--present Robertson--present

Acciavatti--present Espinoza--present Lemmons, III--present Rocca--present

Adamini--present Farhat--present Lemmons, Jr.--present Sak--present

Amos--present Farrah--present Lipsey--present Schuitmaker--present

Anderson--present Gaffney--present Marleau--present Shaffer--present

Angerer--present Garfield--present Mayes--present Sheen--present

Ball--present Gillard--present McConico--present Sheltrown--present

Baxter--present Gleason--present McDowell--present Smith, Alma--present

Bennett--present Gonzales--present Meisner--present Smith, Virgil--e/d/s

Bieda--present Gosselin--present Meyer--present Spade--present

Booher--present Green--present Miller--present Stahl--present

Brandenburg--present Hansen--present Moolenaar--present Stakoe--present

Brown--present Hildenbrand--present Moore--present Steil--present

Byrnes--present Hood--excused Mortimer--present Stewart--present

Byrum--present Hoogendyk--present Murphy--present Taub--present

Casperson--present Hopgood--present Newell--present Tobocman--present

Caswell--present Huizenga--present Nitz--present Vagnozzi--excused

Caul--present Hummel--present Nofs--present Van Regenmorter--present

Cheeks--present Hune--present Palmer--present Vander Veen--present

Clack--present Hunter--present Palsrok--present Walker--present

Clemente--present Jones--present Pastor--present Ward--present

Condino--present Kahn--present Pavlov--present Waters--present

Cushingberry--present Kehrl--present Pearce--present Wenke--present

DeRoche--present Kolb--present Phillips--present Whitmer--present

Dillon--present Kooiman--present Plakas--present Williams--present

Donigan--present LaJoy--present Polidori--present Wojno--present

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

Elsenheimer--present Law, Kathleen--present

e/d/s = entered during session

Rep. Tom Pearce, from the 73rd District, offered the following invocation:

"Father, we come to You today, Your humble servants, seeking Your wisdom, Your discernment and Your direction, as we look over the affairs of this great state of Michigan. May we seek Your strength, may we serve in a way that honors You today, tomorrow and throughout our opportunity to serve and may we never forget that we truly are your servants here on this earth. In Jesus' name, Amen."

______

Rep. Waters moved that Rep. Vagnozzi be excused from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4484, entitled

A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending section 30i (MCL 125.2330i), as added by 2003 PA 44.

The bill was read a second time.

Rep. Wenke moved to amend the bill as follows:

1. Amend page 3, line 11, after "before" by striking out the balance of the line through "section" on line 12 and inserting "JULY 14, 2003".

2. Amend page 3, line 14, after "on" by striking out the balance of the line through "section" on line 15 and inserting "JULY 14, 2003".

3. Amend page 3, line 18, after "property." by inserting "THE LIEN OR SECURITY INTEREST ON A MOBILE HOME DESCRIBED IN THIS SUBSECTION IS PERFECTED AGAINST THE MOBILE HOME IF THE HOLDER OF THE LIEN OR SECURITY INTEREST IN BOTH THE MOBILE HOME AND THE REAL PROPERTY TO WHICH IT IS AFFIXED ON JULY 14, 2003 HAS PERFECTED A LIEN ON THE REAL PROPERTY AS PROVIDED UNDER LAW FOR PERFECTING A LIEN ON REAL PROPERTY. THE DATE OF PERFECTION OF THE LIEN OR SECURITY INTEREST OF THE MOBILE HOME IS THE DATE OF PERFECTION OF THE LIEN ON THE REAL PROPERTY TO WHICH THE MOBILE HOME IS AFFIXED ON JULY 14, 2003.".

4. Amend page 4, line 18, by striking out all of subsection (10) and inserting:

"(10) THIS SECTION APPLIES TO ALL TRANSACTIONS, LIENS, AND MORTGAGES WITHIN ITS SCOPE EVEN IF THE TRANSACTION, LIEN, OR MORTGAGE WAS ENTERED INTO OR CREATED BEFORE JULY 14, 2003.".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Senate Bill No. 77, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 101 (MCL 388.1701), as amended by 2004 PA 351.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4551, entitled

A bill to amend 1972 PA 230, entitled "Stille-DeRossett-Hale single state construction code act," (MCL 125.1501 to 125.1531) by adding section 13e.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4635, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8515 and 8516 (MCL 324.8515 and 324.8516), as added by 1995 PA 60.

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

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

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

The motion prevailed.

______

Rep. Palmer moved that Rep. Marleau be excused temporarily from today's session.

The motion prevailed.

Rep. Espinoza moved that Rep. Alma Smith be excused temporarily from today's session.

The motion prevailed.

Rep. Sak moved that Reps. Plakas and Leland 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. 4559, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 9721.

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

Roll Call No. 126 Yeas--86

Accavitti Elsenheimer LaJoy Proos

Acciavatti Emmons Law, David Robertson

Amos Espinoza Lemmons, III Rocca

Anderson Farhat Lemmons, Jr. Sak

Angerer Gaffney Lipsey Schuitmaker

Ball Garfield Mayes Shaffer

Baxter Gillard McDowell Sheen

Bieda Gleason Meyer Sheltrown

Booher Gonzales Moolenaar Spade

Brandenburg Gosselin Moore Stahl

Brown Green Mortimer Stakoe

Byrnes Hansen Murphy Steil

Casperson Hildenbrand Newell Stewart

Caswell Hoogendyk Nitz Taub

Caul Huizenga Nofs Van Regenmorter

Clack Hummel Palmer Vander Veen

Clemente Hune Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Wenke

DeRoche Kehrl Pearce Williams

Dillon Kolb Polidori Wojno

Drolet Kooiman

Nays--17

Adamini Farrah McConico Tobocman

Bennett Hopgood Meisner Waters

Byrum Hunter Miller Whitmer

Cheeks Law, Kathleen Phillips Zelenko

Donigan

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

"Mr. Speaker and members of the House:

I voted no on HB4559 for the following reasons. The cost of this bill outweighs the benefit of providing the service because few Michigan residents are required to pay the usual and customary price for prescriptions. Between Medicaid, Medicare, Private Insurance, County discount plans, private discount plans, Elder Prescription Insurance Coverage (EPIC), and MI Rx Card there are few people who are not eligible for some discount program. In addition, prices for prescriptions vary greatly by week. What was a bargain one month may not be the next and the information provided on the website may not be helpful to the consumer. Furthermore, the bill only requires information from pharmacies that accept Medicaid patients. This creates an unequal system requiring only pharmacies that take Medicaid to report this information. The Department of Community Health is concerned that this will discourage pharmacies from participating in Medicaid. The State of Michigan also has almost three times as many Pharmacies as the State of Maryland. Keeping track of approximately 60,000 different usual and customary prices is a daunting task. Lastly, better placement for information about prescription costs on the Department of Community Health's website. Citizens already use the site for information on heath issues and would be more likely to expect to find the information there."

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

"Mr. Speaker and members of the House:

I vote no on passage of HB 4559 because I believe that the cost of this bill outweighs the benefit of providing the service because few Michigan residents are required to pay the usual and customary price for prescriptions. Between Medicaid, Medicare, Private Insurance, County discount plans, private discount plans, Elder Prescription Insurance Coverage (EPIC), and MI Rx Card there are few people who are not eligible for some discount program. In addition, prices for prescriptions vary greatly by week. What was a bargain one month may not be the next and the information provided on the website may not be helpful to the consumer.

Furthermore, the bill only requires information from pharmacies that accept Medicaid patients. This creates an unequal system requiring only pharmacies that take Medicaid to report this information. The Department of Community Health is concerned that this will discourage pharmacies from participating in Medicaid. The State of Michigan also has almost three times as many Pharmacies as the State of Maryland. Keeping track of approximately 60,000 different usual and customary prices is a daunting task.

In addition I have concerns about this bill because it places health information on the Attorney General's website and not on the Department of Community Health's website. This bill will cost the Department of Community Health (DCH) money to monthly provide the information when significant cuts are being proposed to direct service programs in the DCH budget. The DCH website is better placement for information about prescription costs since citizens already use the site for information on heath issues and would be more likely to expect to find the information there.

Lastly, this bill does nothing more than list old, out-of-date prices for prescription drugs at Michigan's pharmacies without providing real cost-savings to Michigan's families trying to afford the high cost of prescription drugs. I did support an amendment to this bill that would have given real savings to Michigan's families by passing the Michigan Drug Fair Pricing Act. This amendment would have allowed Michigan to negotiate with pharmaceutical companies the best price for all of Michigan's uninsured residents and given them real savings on their prescription drug costs. Without the amendment and without real savings on the high cost of prescription drugs, I cannot support window dressing approaches that only pretend to help Michigan families afford their prescription drugs."

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

"Mr. Speaker and members of the House:

I voted NO on HB 4559 to protest the flagrant disregard of the rules and procedures of the House demonstrated by themajority party. I recognize that as a minority member I am more likely than not to be on the losing side of votes. Although I may not win many votes, my constituents deserve to have their voice heard in these chambers. The chair's abuse of the gavel in not recognizing minority members, in ruling their arguments to be non-germane, and in refusing to grant roll call votes pursuant to the rules of the House demeans the Speaker, the Majority party, the process and this institution."

______

Rep. Virgil Smith entered the House Chambers.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Kathleen Law moved that the Committee on Natural Resources, Great Lakes, Land Use, and Environment be discharged from further consideration of House Bill No. 4758.

(For first notice see House Journal No. 42, p. 634.)

The question being on the motion made by Rep. Kathleen Law,

Rep. Kathleen Law demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Kathleen Law,

Rep. Ward moved that consideration of the motion be postponed for the day.

The motion prevailed.

Rep. Waters moved to reconsider the vote by which the House postponed the motion for the day.

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

Rep. Waters demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 127 Yeas--49

Accavitti Cushingberry Law, Kathleen Polidori

Adamini Dillon Leland Sak

Anderson Donigan Lemmons, III Sheltrown

Angerer Espinoza Lemmons, Jr. Smith, Alma

Bennett Farrah Lipsey Smith, Virgil

Bieda Gillard Mayes Spade

Brown Gleason McConico Tobocman

Byrnes Gonzales McDowell Waters

Byrum Hopgood Meisner Whitmer

Cheeks Hunter Miller Williams

Clack Kehrl Murphy Wojno

Clemente Kolb Phillips Zelenko

Condino

Nays--57

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney

In The Chair: Kooiman

Rep. Espinoza moved that the Committee on Natural Resources, Great Lakes, Land Use, and Environment be discharged from further consideration of House Bill No. 4759.

(For first notice see House Journal No. 42, p. 634.)

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

Rep. Espinoza demanded the yeas and nays.

The demand was supported.

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

Rep. Ward moved that consideration of the motion be postponed for the day.

The motion prevailed.

Rep. Waters moved to reconsider the vote by which the House postponed the motion for the day.

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

Rep. Waters demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 128 Yeas--48

Accavitti Condino Kolb Phillips

Adamini Cushingberry Law, Kathleen Polidori

Anderson Dillon Leland Sak

Angerer Donigan Lemmons, III Sheltrown

Bennett Espinoza Lemmons, Jr. Smith, Alma

Bieda Farrah Lipsey Spade

Brown Gillard Mayes Tobocman

Byrnes Gleason McConico Waters

Byrum Gonzales McDowell Whitmer

Cheeks Hopgood Meisner Williams

Clack Hunter Miller Wojno

Clemente Kehrl Murphy Zelenko

Nays--57

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney

In The Chair: Kooiman

Rep. Kehrl moved that the Committee on Natural Resources, Great Lakes, Land Use, and Environment be discharged from further consideration of House Bill No. 4760.

(For first notice see House Journal No. 42, p. 634.)

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

Rep. Kehrl demanded the yeas and nays.

The demand was supported.

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

Rep. Ward moved that consideration of the motion be postponed for the day.

The motion prevailed.

Rep. Waters moved to reconsider the vote by which the House postponed the motion for the day.

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

Rep. Waters demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 129 Yeas--49

Accavitti Cushingberry Law, Kathleen Polidori

Adamini Dillon Leland Sak

Anderson Donigan Lemmons, III Sheltrown

Angerer Espinoza Lemmons, Jr. Smith, Alma

Bennett Farrah Lipsey Smith, Virgil

Bieda Gillard Mayes Spade

Brown Gleason McConico Tobocman

Byrnes Gonzales McDowell Waters

Byrum Hopgood Meisner Whitmer

Cheeks Hunter Miller Williams

Clack Kehrl Murphy Wojno

Clemente Kolb Phillips Zelenko

Condino

Nays--57

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney

In The Chair: Kooiman

Rep. Miller moved that the Committee on Natural Resources, Great Lakes, Land Use, and Environment be discharged from further consideration of House Bill No. 4761.

(For first notice see House Journal No. 42, p. 634.)

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

Rep. Miller demanded the yeas and nays.

The demand was supported.

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

Rep. Ward moved that consideration of the motion be postponed for the day.

The motion prevailed.

Rep. Waters moved to reconsider the vote by which the House postponed the motion for the day.

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

Rep. Waters demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 130 Yeas--48

Accavitti Condino Kolb Polidori

Adamini Cushingberry Law, Kathleen Sak

Anderson Dillon Leland Sheltrown

Angerer Donigan Lemmons, III Smith, Alma

Bennett Espinoza Lemmons, Jr. Smith, Virgil

Bieda Farrah Lipsey Spade

Brown Gillard Mayes Tobocman

Byrnes Gleason McDowell Waters

Byrum Gonzales Meisner Whitmer

Cheeks Hopgood Miller Williams

Clack Hunter Murphy Wojno

Clemente Kehrl Phillips Zelenko

Nays--57

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney

In The Chair: Kooiman

Rep. McDowell moved that the Committee on Natural Resources, Great Lakes, Land Use, and Environment be discharged from further consideration of House Bill No. 4762.

(For first notice see House Journal No. 42, p. 635.)

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

Rep. McDowell demanded the yeas and nays.

The demand was supported.

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

Rep. Ward moved that consideration of the motion be postponed for the day.

The motion prevailed.

Rep. Waters moved to reconsider the vote by which the House postponed the motion for the day.

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

Rep. Waters demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 131 Yeas--49

Accavitti Cushingberry Law, Kathleen Polidori

Adamini Dillon Leland Sak

Anderson Donigan Lemmons, III Sheltrown

Angerer Espinoza Lemmons, Jr. Smith, Alma

Bennett Farrah Lipsey Smith, Virgil

Bieda Gillard Mayes Spade

Brown Gleason McConico Tobocman

Byrnes Gonzales McDowell Waters

Byrum Hopgood Meisner Whitmer

Cheeks Hunter Miller Williams

Clack Kehrl Murphy Wojno

Clemente Kolb Phillips Zelenko

Condino

Nays--57

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney

In The Chair: Kooiman

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 53.

A resolution to urge the United States Coast Guard to immediately eliminate the "No Ballast on Board" (NOBOB) exemption from regulations on ballast water management and require all ships with ballast tanks that enter the Great Lakes to conform to all regulations for ballast water management in federal law.

(For text of resolution, see House Journal No. 31, p. 470.)

(The resolution was reported by the Committee on Natural Resources, Great Lakes, Land Use, and Environment on April 28, consideration of which, under the rules, was postponed until May 3.)

The question being on the adoption of the resolution,

Rep. Ward moved that the resolution be re-referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.

The motion prevailed.

The Speaker laid before the House

House Concurrent Resolution No. 11.

A concurrent resolution to urge the United States Coast Guard to immediately eliminate the "No Ballast on Board" (NOBOB) exemption from regulations on ballast water management and require all ships with ballast tanks that enter the Great Lakes to conform to all regulations for ballast water management in federal law.

(For text of concurrent resolution, see House Journal No. 31, p. 470.)

(The concurrent resolution was reported by the Committee on Natural Resources, Great Lakes, Land Use, and Environment on April 28, consideration of which, under the rules, was postponed until May 3.)

The question being on the adoption of the concurrent resolution,

Rep. Ward moved that the concurrent resolution be re-referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.

The motion prevailed.

Second Reading of Bills

Pending the Second Reading of

House Bill No. 4258, entitled

A bill to amend 1846 RS 1, entitled "Of the statutes," by amending section 3q (MCL 8.3q).

Rep. Ward moved that the bill be re-referred to the Committee on Government Operations.

The motion prevailed.

Pending the Second Reading of

House Bill No. 4438, entitled

A bill to amend 1915 PA 63, entitled "An act to provide for the furnishing of suitable flag holders and United States flags for the graves of veterans who served in the armed forces of the United States for the marking and designation of the graves for memorial purposes; and to provide a penalty for the removal or destruction of the flag holders and United States flags when placed," by amending section 1 (MCL 35.831), as amended by 1988 PA 263.

Rep. Ward moved that the bill be re-referred to the Committee on Veterans Affairs and Homeland Security.

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Lemmons, III, Lemmons, Jr., Accavitti, Adamini, Byrnes, Cheeks, Clack, Cushingberry, Garfield, Gleason, Gonzales, Hopgood, Lipsey, Tobocman, Waters, Wojno, Clemente, Murphy, Polidori and Zelenko offered the following concurrent resolution:

House Concurrent Resolution No. 13.

A concurrent resolution to urge the Congress of the United States to take every possible action to promote and diversify the automotive and machine tool sectors of our national economy.

Whereas, An increasing number and variety of relevant specialists are warning that the collapse of the national economy could occur if certain stop-gap and long-term actions are not adopted and implemented to forestall the threats to our economy from the problems associated with the automotive and machine tool sectors of our economy. Indeed, the loss of the physical capabilities of the automotive industry, and especially its machine tool sector, could mean the end of America's leadership as a world economic power; and

Whereas, Government has an obligation to promote the economy through the creation of new capital investment, which will result in the expansion of employment opportunities and help jump- start long-term capital investment by private investors. We must ensure the continued viability of our automotive and machine tool industries. The loss of these vital anchors of our economy would be a strategic disaster with incalculable chain-reaction consequences for our nation and the world; and

Whereas, One of the key options is federal capital investment in diversification of the productive potential of the automotive and machine tool industries into a broader mixture of production. Our nation needs to shift into the domain of essential capital goods and economic infrastructure, such as the repair, expansion, and improvement of our national railway systems; maintenance and improvement of water management systems; and the development of other urgently needed infrastructure projects. The result of this will be to save existing manufacturing jobs and create large new areas of employment in infrastructure and manufacturing for our citizenry in a manner comparable to the best of the New Deal programs that rescued the nation and the world from the ravages of the Great Depression; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Congress of the United States to take every possible action to promote and diversify the automotive and machine tool sectors of our national economy; and be it further

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

The concurrent resolution was referred to the Committee on Commerce.

Reports of Standing Committees

The Committee on Agriculture, by Rep. Nitz, Chair, reported

Senate Bill No. 195, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 12411 and 12431 (MCL 333.12411 and 333.12431).

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, Newell, Casperson, Stahl, Proos, Hune, Mayes, Spade, Kathleen Law and Sheltrown

Nays: None

The Committee on Agriculture, by Rep. Nitz, Chair, reported

Senate Bill No. 225, entitled

A bill to create an agricultural tourism advisory commission; to provide for its powers and duties; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Nitz, Ball, Newell, Casperson, Stahl, Proos, Hune, Mayes, Spade, Kathleen Law and Sheltrown

Nays: None

The Committee on Agriculture, by Rep. Nitz, Chair, reported

Senate Bill No. 226, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 23.

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Nitz, Ball, Newell, Casperson, Stahl, Proos, Hune, Mayes, Spade and Sheltrown

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Nitz, Chair, of the Committee on Agriculture, was received and read:

Meeting held on: Tuesday, May 17, 2005

Present: Reps. Nitz, Ball, Newell, Casperson, Stahl, Proos, Hune, Mayes, Spade, Kathleen Law and Sheltrown

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 4597, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 335a (MCL 750.335a), as amended by 2002 PA 672.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico and Virgil Smith

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 4598, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 2 (MCL 28.722), as amended by 2004 PA 240.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico, Bieda and Virgil Smith

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 4599, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16q of chapter XVII (MCL 777.16q), as amended by 2002 PA 261.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico, Bieda and Virgil Smith

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Van Regenmorter, Chair, of the Committee on Judiciary, was received and read:

Meeting held on: Wednesday, May 18, 2005

Present: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico, Bieda and Virgil Smith

Absent: Rep. Stakoe

Excused: Rep. Stakoe

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Drolet, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Wednesday, May 18, 2005

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

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, May 18:

House Bill Nos. 4789 4790 4791 4792 4793 4794 4795 4796 4797 4798 4799 4800 4801 4802 4803 4804 4805

Senate Bill Nos. 500 501 502 503 504 505 506

The Clerk announced that the following Senate bills had been received on Wednesday, May 18:

Senate Bill Nos. 161 205 310 366

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4603, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3109 (MCL 324.3109).

The Senate has amended the bill as follows:

1. Amend page 3, following line 7, by inserting:

"Enacting section 1. This amendatory act takes effect January 1, 2007." and renumbering the remaining enacting section.

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. 161, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82119 (MCL 324.82119), as added by 1995 PA 58.

The Senate has passed the bill.

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

Senate Bill No. 205, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1523.

The Senate has passed the bill.

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

Senate Bill No. 310, entitled

A bill to regulate certain health clubs with respect to potential medical emergencies; and to provide for civil sanctions.

The Senate has passed the bill.

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

Senate Bill No. 366, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 74103a.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.

Communications from State Officers

The following communications from the Department of Human Services were received and read:

May 12, 2005

Pursuant to Section 1002 of P.A. 344 of 2004, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Interim Shawono Center CS200201404

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under "News, Publications & Information" at the following address: http://www.michigan.gov/fia/.

If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.

May 12, 2005

Pursuant to Section 1002 of P.A. 344 of 2004, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Approval Study Report Woodland Center CS470245817

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under "News, Publications & Information" at the following address: http://www.michigan.gov/fia/.

If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.

Sincerely,

Marianne Udow

Director

The communications were referred to the Clerk.

Introduction of Bills

Reps. Stakoe, Anderson and Amos introduced

House Bill No. 4806, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 601 and 906 (MCL 257.601 and 257.906).

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

Reps. Stakoe, Anderson and Amos introduced

House Bill No. 4807, entitled

A bill to amend 1956 PA 62, entitled "An act to authorize the director of the department of state police to promulgate a uniform traffic code; to authorize a city, township, or village to adopt the uniform traffic code by reference without publication in full; and to prescribe criminal penalties and civil sanctions for violation of the code," by amending section 1 (MCL 257.951), as amended by 1998 PA 69.

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

Reps. Lemmons, III, Lemmons, Jr., Cushingberry, Waters, McConico and Virgil Smith introduced

House Bill No. 4808, entitled

A bill to amend 1964 PA 284, entitled "City income tax act," by amending section 3 of chapter 1 (MCL 141.503), as amended by 1998 PA 500, and by adding section 3e to chapter 1.

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

______

Rep. Moolenaar moved that the House adjourn.

The motion prevailed, the time being 2:30 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, May 19, at 10:30 a.m.

GARY L. RANDALL

Clerk of the House of Representatives