No. 49

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature


REGULAR SESSION OF 2005


House Chamber, Lansing, Wednesday, June 1, 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--excused Schuitmaker--present

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

Angerer--present Garfield--present Mayes--present Sheen--e/d/s

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

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

Bennett--present Gonzales--present Meisner--present Smith, Virgil--present

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--present Mortimer--present Stewart--present

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

Casperson--present Hopgood--present Newell--present Tobocman--e/d/s

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

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

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

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

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

Condino--e/d/s Kahn--present Pavlov--present Waters--present

Cushingberry--e/d/s 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--e/d/s

e/d/s = entered during session

Rep. Philip J. LaJoy, from the 21st District, offered the following invocation:

"Let us pray: Good and gracious God, we lift up our praises to You and thank You for bringing us together today.

We pray for harmony in our community, in our state, in our country, and around the world. We pray that You may grant wisdom, courage, and insight to the leaders of our nation and state as we work towards Your will.

As we come together, let us show our respect for one another and treat one another as You have taught us.

Lord, let our mission be to serve You.

Also Lord, let us remember those who serve in our Armed Forces and those who have sacrificed their lives for us. May we never forget the cost of freedom. Let us pray that any sacrifice truly leads to a more peaceful world.

As we assemble today, we look forward to doing Your work and through that, the work of the people. Bless each of us with Your never ending love and grace. In Your precious name we pray. Amen."

______

Rep. Sak moved that Rep. McConico be excused from today's session.

The motion prevailed.

Notices

Rep. Gosselin, 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. 155-158. Had I been present, I would have voted 'nay' on Roll Call Nos. 155-156 and 'yea' on Roll Call Nos. 157-158."

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4079, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1290.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Ball moved to amend the bill as follows:

1. Amend page 8, following line 27, by inserting:

"(18) THIS SECTION IS REPEALED EFFECTIVE 10 YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 4080, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 9.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 75.

A resolution to memorialize the Congress of the United States and the United States Department of Health and Human Services to move forward with the creation of a national cord blood stem cell bank.

(For text of resolution, see House Journal No. 41, p. 616.)

(The resolution was reported by the Committee on Government Operations on May 31, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the resolution,

Rep. Steil demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the resolution,

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

Roll Call No. 159 Yeas--102

Accavitti Espinoza Leland Robertson

Acciavatti Farhat Lemmons, III Rocca

Adamini Farrah Lemmons, Jr. Sak

Amos Gaffney Marleau Schuitmaker

Anderson Garfield Mayes Shaffer

Angerer Gillard McDowell Sheltrown

Ball Gleason Meisner Smith, Alma

Baxter Gonzales Meyer Smith, Virgil

Bennett Gosselin Miller Spade

Bieda Green Moolenaar Stahl

Booher Hansen Moore Stakoe

Brandenburg Hildenbrand Mortimer Steil

Brown Hood Murphy Stewart

Byrnes Hoogendyk Newell Taub

Byrum Hopgood Nitz Vagnozzi

Casperson Huizenga Nofs Van Regenmorter

Caswell Hummel Palmer Vander Veen

Caul Hune Palsrok Walker

Clack Hunter Pastor Ward

Clemente Jones Pavlov Waters

DeRoche Kahn Pearce Wenke

Dillon Kehrl Phillips Whitmer

Donigan Kolb Plakas Williams

Drolet Kooiman Polidori Wojno

Elsenheimer LaJoy Proos Zelenko

Emmons Law, David

Nays--0

In The Chair: Kooiman

______

Rep. Sheen entered the House Chambers.

Second Reading of Bills

House Bill No. 4398, entitled

A bill to regulate the development and use of land; to provide for the establishment in counties, townships, cities, and villages of zoning districts; to provide for the adoption of zoning ordinances; to provide for the assessment, levy, and collection of taxes and fees; to authorize the issuance of bonds and notes; to provide for special assessments; to prescribe penalties and provide remedies; 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-1) previously recommended by the Committee on Local Government and Urban Policy,

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

Rep. Elsenheimer moved to amend the bill as follows:

1. Amend page 11, line 12, after "March" by striking out "20" and inserting "3".

2. Amend page 45, line 19, after "(6)" by striking out "If" and inserting "For a city or village, if".

3. Amend page 45, following line 27, by inserting:

"(7) For a township or county, if there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the zoning ordinance, the zoning board of appeals, in passing upon appeals, may grant a variance so that the spirit of the zoning ordinance is observed, public safety secured, and substantial justice done. The zoning board of appeals may impose conditions as is otherwise allowed under this act.".

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

Rep. Elsenheimer moved to amend the bill as follows:

1. Amend page 6, line 9, after "structures" by striking out the balance of the line through "act" on line 10, and inserting "to meet the needs of the state's citizens for food, fiber, energy, and other natural resources, places of residence, recreation, industry, trade, service, and other uses of land, to ensure that use of the land is situated in appropriate locations and relationships, to limit the inappropriate overcrowding of land and congestion of population, transportation systems, and other public facilities, to facilitate adequate and efficient provision for transportation systems, sewage disposal, water, energy, education, recreation, and other public service and facility requirements, and to promote public health, safety, and welfare".

The motion prevailed and the amendment 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.

House Bill No. 4024, 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.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

______

Reps. Kathleen Law, Condino and Tobocman entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

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.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Sak moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.

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

Rep. Sak demanded a division of the House.

The demand was supported.

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

The motion did not prevail, a majority of the members present not voting therefor.

______

Rep. Palmer moved that Reps. DeRoche and Sheen be excused temporarily from today's session.

The motion prevailed.

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. 160 Yeas--85

Accavitti Farhat Leland Rocca

Acciavatti Gaffney Marleau Sak

Adamini Garfield Mayes Schuitmaker

Amos Gillard McDowell Shaffer

Angerer Gleason Meisner Sheltrown

Ball Gonzales Meyer Spade

Baxter Gosselin Miller Stahl

Bennett Green Moolenaar Stakoe

Booher Hansen Moore Steil

Brandenburg Hildenbrand Mortimer Stewart

Brown Hoogendyk Newell Taub

Byrnes Huizenga Nitz Vagnozzi

Byrum Hummel Nofs Van Regenmorter

Casperson Hune Palmer Vander Veen

Caswell Jones Palsrok Walker

Caul Kahn Pastor Ward

Clack Kehrl Pavlov Wenke

Condino Kolb Pearce Whitmer

Drolet Kooiman Phillips Williams

Elsenheimer LaJoy Proos Wojno

Emmons Law, David Robertson Zelenko

Espinoza

Nays--19

Anderson Farrah Lemmons, III Smith, Alma

Bieda Hood Lemmons, Jr. Smith, Virgil

Clemente Hopgood Murphy Tobocman

Dillon Hunter Plakas Waters

Donigan Law, Kathleen Polidori

In The Chair: Kooiman

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to protect 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, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"

The House agreed to the full title.

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

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Sheen, 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. 160. Had I been present, I would have voted 'yea'."

______

Rep. Bieda, 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:

While there is much merit in Senate Bill 226, I voted 'no' because the bill failed to include members of the environmental community in the formal discussion of how the laws, rules, and policies administered by the by the DEQ affect agricultural communities and agricultural producers. I also believe that the bill should have also included a directive that the Agricultural and Rural Communities Roundtable assess how concentrated animal feeding operations affect the quality of life, property values, and the environment, including but not limited to water quality, in agricultural communities. Since the bill did not include these very important concerns, I voted no on SB 226."

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 Senate Bill 226 which would add Part 23 (Agriculture and the Environment) of the Natural Resources and Environmental Protection Act. It requires the Department of Environmental Quality (DEQ) to convene an agriculture and rural communities roundtable to discuss how the laws, rules, and policies administered by the DEQ and the Michigan Department of Agriculture (MDA) affect farmers, food processors, agribusiness, rural counties, and cities, villages, and townships in rural counties (counties with a population under 70,000). It would be beneficial to have the DEQ meet with farmers and agribusiness representatives to discuss how their regulations are adversely impacting agriculture, the county population threshold of 70,000 excludes Wayne County and the 17 Million dollar industry represented by our farmers. Wayne County is #2 in the production of domestic ducks in the State and inclusion in a DEQ Agricultural roundtable rather than exclusion from participation is preferred."

Rep. Hood, 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 SB 226 because this bill is just one more attack on the DEQ. It is interesting to note that this bill comes soon after the implementation of a comprehensive set of administrative rules that regulate the storage and disposal of manure on large factory farms and prohibits manure from running into rivers and streams. If such a discussion is going to take place then the environmental community should also be involved.

Furthermore, the bill is far too limited in scope by defining rural counties as those having a population of 70,000 or less. The bill advocates a discussion of the laws, rules, and policies administered by the DEQ that affect farmers, food processors, and agribusiness. Agriculture has a significant presence in every county in Michigan. This restriction eliminates nearly half of Michigan counties from this discussion. Supporters of the bill have not been able to provide a rational argument for this arbitrary number."

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

"Mr. Speaker and members of the House:

I voted no on SB 226 because this bill is just one more attack on the DEQ. It is interesting to note that this bill comes soon after the implementation of a comprehensive set of administrative rules that regulate the storage and disposal of manure on large factory farms and prohibits manure from running into rivers and streams. If such a discussion is going to take place then the environmental community should also be involved.

Furthermore, the bill is far too limited in scope by defining rural counties as those having a population of 70,000 or less. The bill advocates a discussion of the laws, rules, and policies administered by the DEQ that affect farmers, food processors, and agribusiness. Agriculture has a significant presence in every county in Michigan. This restriction eliminates nearly half of Michigan counties from this discussion. Supporters of the bill have not been able to provide a rational argument for this arbitrary number."

______

Rep. Cushingberry entered the House Chambers.

House Bill No. 4444, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 9105 and 9106 (MCL 324.9105 and 324.9106), as amended by 2000 PA 504, and by adding sections 9106a and 9115a.

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

Roll Call No. 161 Yeas--107

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Leland Sak

Adamini Farhat Lemmons, III Schuitmaker

Amos Farrah Lemmons, Jr. Shaffer

Anderson Gaffney Marleau Sheen

Angerer Garfield Mayes Sheltrown

Ball Gillard McDowell Smith, Alma

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Gosselin Miller Stahl

Booher Green Moolenaar Stakoe

Brandenburg Hansen Moore Steil

Brown Hildenbrand Mortimer Stewart

Byrnes Hood Murphy Taub

Byrum Hoogendyk Newell Tobocman

Casperson Hopgood Nitz Vagnozzi

Caswell Huizenga Nofs Van Regenmorter

Caul Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kehrl Phillips Whitmer

Dillon Kolb Plakas Williams

Donigan Kooiman Polidori Wojno

Drolet LaJoy Proos Zelenko

Elsenheimer Law, David Robertson

Nays--0

In The Chair: Kooiman

The question being on agreeing to the title of the bill,

Rep. Ward moved to amend the title to read as follows:

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 9101, 9105, 9106, 9110, and 9113 (MCL 324.9101, 324.9105, 324.9106, 324.9110, and 324.9113), section 9101 as amended by 2001 PA 227 and sections 9105, 9106, 9110, and 9113 as amended by 2000 PA 504.

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.

Senate Bill No. 282, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 9115a and 9115b.

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

Roll Call No. 162 Yeas--107

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Leland Sak

Adamini Farhat Lemmons, III Schuitmaker

Amos Farrah Lemmons, Jr. Shaffer

Anderson Gaffney Marleau Sheen

Angerer Garfield Mayes Sheltrown

Ball Gillard McDowell Smith, Alma

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Gosselin Miller Stahl

Booher Green Moolenaar Stakoe

Brandenburg Hansen Moore Steil

Brown Hildenbrand Mortimer Stewart

Byrnes Hood Murphy Taub

Byrum Hoogendyk Newell Tobocman

Casperson Hopgood Nitz Vagnozzi

Caswell Huizenga Nofs Van Regenmorter

Caul Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kehrl Phillips Whitmer

Dillon Kolb Plakas Williams

Donigan Kooiman Polidori Wojno

Drolet LaJoy Proos Zelenko

Elsenheimer Law, David Robertson

Nays--0

In The Chair: Kooiman

The question being on agreeing to the title of the bill,

Rep. Ward moved to amend the title to read as follows:

A bill to amend 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, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 324.101 to 324.90106) by adding section 9115a.

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

Reps. Moore, Accavitti, Acciavatti, Adamini, Anderson, Ball, Booher, Brandenburg, Brown, Byrnes, Clemente, Espinoza, Farhat, Farrah, Garfield, Gillard, Gleason, Gonzales, Gosselin, Hopgood, Hunter, Jones, Kolb, Lemmons, III,Lemmons, Jr., Mayes, Meisner, Meyer, Miller, Mortimer, Palsrok, Pearce, Phillips, Plakas, Polidori, Proos, Sak, Shaffer, Stakoe, Stewart, Taub, Tobocman, Vagnozzi, Vander Veen, Kooiman and Zelenko offered the following resolution:

House Resolution No. 81.

A resolution designating June 25, 2005, as Tuberous Sclerosis Awareness Day in the state of Michigan.

Whereas, It is important to increase awareness of Tuberous Sclerosis Complex (TSC) and support programs to increase research and improve treatment of Tuberous Sclerosis. It is also vital to improve training and support for individuals with Tuberous Sclerosis and those who care for individuals with Tuberous Sclerosis; and

Whereas, The Tuberous Sclerosis Alliance is the only national voluntary health organization dedicated to finding a cure for TSC and improving the lives of those affected through research, support, and education; and

Whereas, TSC affects an estimated 1 in very 6,000 live births in America; and

Whereas, TSC affects some people severely, while others are so mildly affected that it often goes undiagnosed; and

Whereas, People with TSC often develop epilepsy and autism. In fact, TSC is the leading known genetic cause of epilepsy and autism. Many other individuals encounter behavioral and learning problems. Despite this, many professionals in the medical and educational fields are still unaware of the best methods to diagnose and treat TSC; and

Whereas, The Tuberous Sclerosis Alliance of Michigan is hosting an opportunity to create awareness of Tuberous Sclerosis and raise funds for research programs and services titled "Step Forward to Cure Tuberous Sclerosis" on June 25, 2005; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body designate June 25, 2005, as Tuberous Sclerosis Awareness Day in the state of Michigan. We recognize and commend the families and individuals affected by TSC for their sacrifice and dedication in dealing with this devastating condition. We commend them for providing the special needs of both children and adults with TSC and for absorbing significant financial costs for treatment and support services; and be it further

Resolved, We stress the need to begin early intervention services soon after a child has been diagnosed with TSC. Early intervention strategies are the primary therapeutic options for young people with TSC, and early intervention significantly improves outcomes for people with TSC. Early intervention can reduce the level of funding and services needed later in life.

Pending the reference of the resolution to a committee,

Rep. Ward moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Caswell, Ball, Hune, Hildenbrand, Mortimer, Newell, Huizenga, Kahn, LaJoy, Sheen, Robertson, Brandenburg, Hoogendyk, Wenke, Hansen, Vander Veen, Sheltrown, Leland, Farhat, Accavitti, Acciavatti, Byrnes, Clemente, Espinoza, Garfield, Gillard, Gosselin, Jones, Lemmons, III, Lemmons, Jr., Meyer, Miller, Palsrok, Pearce, Proos, Shaffer, Stakoe, Stewart, Taub, Tobocman and Zelenko offered the following resolution:

House Resolution No. 82.

A resolution to express support for the Republic of China on Taiwan's participation in the World Health Organization and the World Health Assembly.

Whereas, The preservation of good health is essential to all citizens of the world, and access to quality health programs is a necessity for this to occur; and

Whereas, The Republic of China on Taiwan was a founding member of the World Health Organization (WHO), and it has continued to express a willingness to assist, financially and technically, international health programs supported by the WHO; and

Whereas, The Republic of China on Taiwan has a population larger than 75 percent of WHO member countries, is a vibrant democracy, and is an economic presence that has continued to play an important role in the international arena, as seen through the collaboration of the United States Centers for Disease Control and Prevention and its Taiwanese counterpart; and

Whereas, The World Health Assembly (WHA) has allowed observers to participate in the activities of this organization in the past; now, therefore, be it

Resolved by the House Representatives, That we express support for the Republic of China on Taiwan's meaningful and appropriate participation in the World Health Organization and the World Health Assembly; and be it further

Resolved, That copies of this resolution be transmitted to Thomas Cheng, Director General of the Taipei Economic and Cultural Office in Chicago, and the World Health Organization.

The resolution was referred to the Committee on Government Operations.

Reps. Gillard, Accavitti, Acciavatti, Adamini, Anderson, Ball, Brandenburg, Brown, Byrnes, Byrum, Clack, Clemente, Espinoza, Farrah, Garfield, Gleason, Gonzales, Hood, Hopgood, Hunter, Jones, Kehrl, Kolb, Kathleen Law, Leland, Lemmons, III, Lemmons, Jr., Mayes, Meisner, Miller, Mortimer, Palsrok, Pearce, Phillips, Plakas, Polidori, Proos, Rocca, Sak, Sheltrown, Stakoe, Stewart, Tobocman, Vagnozzi, Wojno, Kooiman and Zelenko offered the following resolution:

House Resolution No. 83.

A resolution commemorating June 4-12, 2005, as Aquatic Invasive Species Awareness Week in the state of Michigan.

Whereas, Michigan and its economy are defined by the Great Lakes and depend on their great abundance of freshwater for manufacturing, tourism, fishing, public water supplies, agriculture, and numerous other uses; and

Whereas, Preventing the introduction and spread of aquatic invasive species ultimately benefits the state of Michigan. Stopping the introduction and spread of these species would reduce the need of Michigan's business, industry, and citizens to employ costly methods to control and manage them; and

Whereas, Over 160 non-indigenous aquatic invasive species have been introduced to the Great Lakes. Many of these are displacing native species, disrupting habitats, and degrading natural, managed and agricultural landscapes. They also damage water-based infrastructure. This damage results in millions of dollars for control efforts each year; and

Whereas, Michigan has over 1 million registered boaters. Michigan also has many other recreational, commercial, and industrial users of its over 11,000 lakes and ponds and over 36,000 miles of streams. Many of these users are impacted by aquatic invasive species; and

Whereas, Aquatic invasive species awareness is an important first step towards behavior change, which prevents the introduction and spread of aquatic invasive species; and

Whereas, The introduction and spread of aquatic invasive species must be addressed by all levels of government, business, industry, environmental groups, community organizations, and citizens to protect Michigan and the Great Lakes from the irreversible damage caused by aquatic invasive species; now, therefore be it

Resolved by the House of Representatives, That the members of this legislative body commemorate June 4-12, 2005, as Aquatic Invasive Species Awareness Week in the state of Michigan; and be it further

Resolved, That all citizens must increase their understanding and awareness of aquatic invasive species and their ecological and economic impacts. They should take preventative measures to stop the spread and introduction of aquatic invasive species; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Department of Environmental Quality, Michigan Department of Agriculture, Michigan Department of Natural Resources, Michigan Department of Transportation, Office of the Great Lakes, Great Lakes Fishery Commission, Council of Great Lakes Governors, Michigan congressional delegation, and the Great Lakes Commission.

Pending the reference of the resolution to a committee,

Rep. Ward moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Gosselin, Accavitti, Acciavatti, Anderson, Ball, Brandenburg, Caswell, Espinoza, Garfield, Gillard, Gleason, Jones, Lemmons, Jr., Meyer, Miller, Mortimer, Palsrok, Pearce, Proos, Sheltrown, Stahl, Stakoe, Stewart, Taub, Tobocman, Van Regenmorter, Vander Veen and Zelenko offered the following resolution:

House Resolution No. 84.

A resolution to express the deep concern of the Michigan House of Representatives about the lack of free speech and human rights in the People's Republic of China.

Whereas, The state of Michigan recognizes the importance of freedom of speech and the open exchange of information. Our people have enshrined these convictions in Article I, Section 5 of the Constitution of the State of Michigan of 1963, by declaring that freedom of speech and freedom of the press are basic rights. Other sections of Article I express our strongly held beliefs in human rights and freedom for our people, including freedom of religion. The people of Michigan value the free flow of information as a protector of our liberty and recognize that human rights depend on freedom. For people living under oppressive and violent regimes, freedom of speech is especially important to nurture human rights; and

Whereas, The communist government of the People's Republic of China has a history of human rights abuses, includingthe brutal ongoing persecution of the peaceful practice of Falun Gong. Established churches have been forced underground, and priests and ministers risk arrest and imprisonment for practicing their faith outside of state-supervised churches. The state-run media of China has complete control of the broadcast and print media, allowing the state to suppress information and disseminate propaganda. Heavily slanted information about the September 11 attacks, the SARS outbreak, and persecution of dissidents stymies the development of human rights. This media monopoly extends the reach of the government to ethnic Chinese communities around the world that lack alternative views about China; and

Whereas, In order to help foster respect for human rights, democratic principles, and freedom of belief, the people of China and ethnic Chinese communities around the world need Chinese-language alternatives to the state propaganda engineered in Beijing. New Tang Dynasty Television (NTDTV) was established in July 2003 in New York as a Chinese-language news and information satellite broadcasting channel. As a forum for ideas of freedom and human rights independent of the government of the People's Republic of China, the station attracted the ire of the communist Chinese government. The Chinese government worked to prevent the development of this station, including interference in local NTDTV coverage in Michigan. This pressure resulted in the decision by the French satellite company, Eutelsat, to drop NTDTV transmissions to China by April 15, 2005, contradicting the company's commitment to pluralism, non-discrimination, and the free flow of ideas. The general secretary of the International Federation of Journalists calls this suppression of NTDTV a shocking act of censorship; and

Whereas, Our recognition of the value of freedom of speech, respect for human rights, and freedom of religion makes the actions of the Chinese government an affront to our deeply held convictions. Freedom and liberty require the protection offered by the free exchange of ideas. Our government should strenuously object to the censorship by the People's Republic of China that has driven NTDTV from the air, and work to place this valuable alternative voice back in operation; now, therefore, be it

Resolved by the House of Representatives, That we express the deep concern of the Michigan House of Representatives about the lack of free speech and human rights in the People's Republic of China; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, the United States Secretary of State, and the ambassador of the People's Republic of China to the United States.

The resolution was referred to the Committee on Government Operations.

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, June 1:

House Bill Nos. 4839 4840 4841 4842 4843 4844 4845 4846 4847 4848 4849 4850 4851

Senate Bill Nos. 548 549 550 551 552 553

The Clerk announced that the following Senate bills had been received on Wednesday, June 1:

Senate Bill Nos. 365 462 512 513 514 515 516 517 518

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4356, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2919a (MCL 600.2919a).

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. 4702, entitled

A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending section 3 (MCL 722.673), as amended by 2003 PA 192.

The Senate has amended the bill as follows:

1. Amend page 2, following line 22, by inserting:

"Enacting section 1. This amendatory act takes effect December 1, 2005.".

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.

House Bill No. 4703, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by amending the title, as amended by 1991 PA 56, and by adding section 143a.

The Senate has amended the bill as follows:

1. Amend page 2, line 10, after "A" by inserting "CIVIL".

2. Amend page 2, line 22, after "effective" by striking out "July 1" and inserting "December 1".

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. 365, entitled

A bill to amend 1968 PA 173, entitled "An act naming certain state buildings," by amending section 1 (MCL 19.131), as amended by 1999 PA 11.

The Senate has passed the bill.

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

Senate Bill No. 462, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 737a (MCL 168.737a), as added by 1996 PA 461.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Senate Bill No. 512, entitled

A bill to amend 1989 PA 24, entitled "The district library establishment act," by amending sections 2, 3, 4, 11, 12, 15, 19, 20, 21, 23, and 24 (MCL 397.172, 397.173, 397.174, 397.181, 397.182, 397.185, 397.189, 397.190, 397.191, 397.193, and 397.194), sections 2 and 3 as amended by 2001 PA 64, section 11 as amended by 2002 PA 159, section 12 as amended by 2002 PA 540, and section 15 as amended by 1994 PA 114, and by adding section 3a.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Senate Bill No. 513, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 301, 302, 312, 370, 381, 498, 641, 642a, 653a, 699, and 963 (MCL 168.301, 168.302, 168.312, 168.370, 168.381, 168.498, 168.641, 168.642a, 168.653a, 168.699, and 168.963), section 301 as amended by 2004 PA 286, sections 302 and 312 as added and sections 370and 963 as amended by 2003 PA 302, section 381 as amended by 2004 PA 290, section 498 as amended by 1984 PA 89,section 641 as amended by 2003 PA 298, section 642a as amended by 2004 PA 294, section 653a as added by 1982 PA 2, and section 699 as amended by 2004 PA 297.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Senate Bill No. 514, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4 and 5 (MCL 380.4 and 380.5), as amended by 2003 PA 299.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Senate Bill No. 515, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 38, 58, and 152 (MCL 389.38, 389.58, and 389.152), as amended by 2003 PA 306.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Senate Bill No. 516, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," (MCL 78.1 to 78.28) by adding section 24d.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Senate Bill No. 517, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 3b.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Senate Bill No. 518, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," (MCL 61.1 to 74.25) by adding section 5a to chapter II.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Senate Concurrent Resolution No. 14.

A concurrent resolution to increase the total project cost of the Iron Ore Museum project for the Department of History, Arts, and Libraries to reflect the receipt of private gift and donation revenues for the purpose of the project.

Whereas, The Iron Ore Museum project of the Department of History, Arts, and Libraries was authorized in 2000 PA 291 with a total project cost of $500,000; and

Whereas, The Department of History, Arts, and Libraries has successfully raised private gift and donation revenues to expand the exhibit space at the Iron Ore Museum at Negaunee for artifact protection, additional displays, and public programming; and

Whereas, The Department of History, Arts, and Libraries, together with the Department of Management and Budget, has estimated that the total cost of the Iron Ore Museum project is now $800,000; and

Whereas, The Department of History, Arts, and Libraries has agreed to fund the increase in the project cost of $300,000 with private grant and gift revenues appropriated for support of Michigan historical programs in section 106 of 2004 PA 340; and

Whereas, Pursuant to section 246 of 1984 PA 431, as amended, being MCL § 18.1246, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans and construction; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the Michigan Legislature recognizes the receipt of private gift and donation revenues by the Department of History, Arts, and Libraries and thus approves an increase in the total authorized cost for the Iron Ore Museum project to an amount not to exceed $800,000 (State General Fund/General Purpose share being $500,000 and private grants and gifts share being $300,000), with the private grants and gifts share appropriated as authorized in section 106 of 2004 PA 340. The legislature intends to continue to appropriate funds for construction subject to the limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further

Resolved, That copies of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and the Director of the Department of History, Arts, and Libraries.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

Senate Concurrent Resolution No. 20.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Kellogg Community College relative to the Kellogg Community College Roll Building Renovation project.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Kellogg Community College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the Roll Building Renovation project (the "Facility") is currently owned by the Educational Institution; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Kellogg Community College Roll Building Renovation project shall not exceed $5,000,000 (the Authority share is $1,624,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $3,375,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $1,624,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $110,000 and $145,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Kellogg Community College, and the State Budget Director.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

Communications from State Officers

The following communication from the Office of the State Budget was received and read:

May 24, 2005

Transmitted under this cover is a schedule entitled "Statement of Revenue Subject to Constitutional Limitation - Legal Basis." The statement is submitted pursuant to Sections 18.1350(a) through 18.1350(e) of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 26 of the Michigan Constitution for the fiscal year 2003-2004.

The statement has been reviewed by the Office of the Auditor General and a copy of the independent accountant's review is enclosed.

If you have questions regarding this report, please contact Mr. Michael J. Moody, Director, Office of Financial Management, at 373-1010.

Sincerely,

Mary A. Lannoye

State Budget Director

The communication was referred to the Clerk.

Introduction of Bills

Reps. Casperson, Pavlov, Anderson, David Law, Moore, Gosselin, Taub, LaJoy, Nitz, Wenke and Pearce introduced

House Bill No. 4852, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending the title and sections 1a, 2d, 3, 4, 5, 6, 7, 7a, 7b, 7c, 7d, 11, and 12 (MCL 480.11a, 480.12d, 480.13, 480.14, 480.15, 480.16, 480.17, 480.17a, 480.17b, 480.17c, 480.17d, 480.21, and 480.22), the title and sections 1a, 2d, 3, 4, and 6 as amended and sections 7d and 12 as added by 1995 PA 265, section 5 as added by 1998 PA 337, sections 7, 7b, and 11 as amended by 2000 PA 98, section 7a as added by 1988 PA 359, and section 7c as amended by 2004 PA 168, and by adding sections 4a, 13, 14, and 15; and to repeal acts and parts of acts.

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

Reps. Byrnes, Kooiman, David Law, Acciavatti, Stewart, Accavitti, Farrah, Clemente, Polidori, Mayes, Gillard, Gleason, Anderson, Plakas, Kathleen Law, Gonzales, Leland, Condino, Brown, Gaffney, Wenke, Stakoe, Dillon and Green introduced

House Bill No. 4853, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 13 (MCL 247.663), as amended by 2004 PA 9.

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

Reps. Murphy, Hunter, Whitmer, Virgil Smith, Miller, Polidori, Kehrl, Gonzales, Byrum, McConico, Farrah, Zelenko, Vagnozzi, Sak, Gleason, Clack, Leland, Kathleen Law, Kolb, Plakas, Condino, Jones and Lemmons, III introduced

House Bill No. 4854, entitled

A bill to designate the third Saturday in June as Juneteenth National Freedom Day; and to designate November 26 of each year as Sojourner Truth Day in the state of Michigan.

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

Reps. Nofs and Wenke introduced

House Bill No. 4855, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4x (MCL 205.54x), as amended by 2004 PA 173.

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

Reps. Wenke and Nofs introduced

House Bill No. 4856, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4k (MCL 205.94k), as amended by 2002 PA 669.

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Banking and Financial Services, by Rep. Robertson, Chair, reported

House Bill No. 4823, entitled

A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in certain governmental units of this state; and to prescribe certain powers and duties of certain local governmental units and state agencies," by amending sections 8 and 9 (MCL 446.208 and 446.209), section 8 as amended by 2002 PA 469 and section 9 as amended by 2004 PA 585.

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. Robertson, Green, Huizenga, Hune, Palsrok, Hunter, Dillon, Clemente and Mayes

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Robertson, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Wednesday, June 1, 2005

Present: Reps. Robertson, Green, Huizenga, Hune, Palsrok, Hunter, Dillon, Clemente and Mayes

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

House Bill No. 4322, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 17766b.

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, Stakoe, Elsenheimer, Jones, David Law, Rocca and Virgil Smith

Nays: None

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

House Bill No. 4588, entitled

A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 2, 6, 13a, 16, 16a, 18, 18a, 19, 20, 21, 31, 44, 44a, 46, 47, 61, 65, 76, 76a, 78, and 81 (MCL 780.752, 780.756, 780.763a, 780.766, 780.766a, 780.768, 780.768a, 780.769, 780.770, 780.771, 780.781, 780.794, 780.794a, 780.796, 780.797, 780.811, 780.815, 780.826, 780.826a, 780.828, and 780.831), sections 2, 6, 13a, 16, 18a, 19, 21, 31, 44, 46, 61, 65, 76, and 78 as amended by 2000 PA 503, sections 16a, 44a, and 76a as amended by 2003 PA 98, and sections 18, 47, and 81 as amended by 1996 PA 562, and by adding section 19a.

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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Condino, Adamini, Bieda and Virgil Smith

Nays: None

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

Senate Bill No. 189, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 17766b.

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, Stakoe, Elsenheimer, Jones, David Law, Rocca, Adamini 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, June 1, 2005

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

Absent: Reps. Lipsey and McConico

Excused: Reps. Lipsey and McConico

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Nofs, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, June 1, 2005

Present: Reps. Nofs, Proos, Emmons, Garfield, Huizenga, LaJoy, Palsrok, Stahl, Baxter, Moore, Schuitmaker, Accavitti, Dillon, Murphy, Mayes, Hunter, Hopgood and Clemente

Absent: Rep. Drolet

Excused: Rep. Drolet

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 1, 2005

Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Elsenheimer, Hildenbrand, Proos, Hopgood, Miller, Angerer, Virgil Smith, Kehrl and Clack

Absent: Reps. Pearce and Lemmons, III

Excused: Reps. Pearce and Lemmons, III

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sheen, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, June 1, 2005

Present: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Condino, Bieda, Farrah, Zelenko, Miller, Meisner and Bennett

Absent: Rep. Marleau

Excused: Rep. Marleau

______

Rep. Mayes moved that the House adjourn.

The motion prevailed, the time being 3:00 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, June 2, at 10:30 a.m.

GARY L. RANDALL

Clerk of the House of Representatives