2005-HJ-06-21-057.htm

No. 57

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Tuesday, June 21, 2005.

1:00 p.m.

The House was called to order by Associate Speaker Pro Tempore Caswell.

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--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--present

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

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--excused 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 Meyer, from the 84th District, offered the following invocation:

"Lord of the ages, we ask You today to bless this body as we begin another day of Your work. As the elected officials of this great state we ask Your blessing on our work. Guide us and direct us today and into the future. In His name we pray. Amen."

______

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

The motion prevailed.

The Speaker assumed the Chair.

Reports of Standing Committees

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

House Bill No. 4636, entitled

A bill to amend 1976 PA 449, entitled "An act to regulate the pricing of consumer items and the advertising of consumer items, services, goods, merchandise, commodities, and real property; to prescribe the powers and duties of certain state and local officials in relation thereto; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending sections 1 and 3 (MCL 445.351 and 445.353) and by adding sections 3a and 3b.

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. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Murphy and McConico

Nays: Reps. Meisner, Tobocman, Dillon and Bennett

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 21, 2005

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

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

House Bill No. 4617, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 20101, 20117, and 20120a (MCL 324.20101, 324.20117, and 324.20120a), section 20101 as amended by 1996 PA 383 and section 20117 as amended and section 20120a as added by 1995 PA 71.

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. Drolet, Hoogendyk, Gosselin, Garfield, Sheen and Lemmons, III

Nays: Rep. Tobocman

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 21, 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 Thursday, June 16:

House Bill Nos. 4969 4970 4971 4972 4973

The Clerk announced that the following Senate bills had been received on Thursday, June 16:

Senate Bill Nos. 272 273 276 279

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, June 17:

House Bill Nos. 4949 4950 4951 4952 4953 4954 4955 4956 4957 4958 4959 4960 4961 4962 4963 4964 4965 4966 4967 4968

Senate Bill Nos. 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, June 21, for her approval of the following bill:

Enrolled House Bill No. 4444 at 1:50 p.m.

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 272, entitled

A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2006; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

The Senate has passed the bill.

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

Senate Bill No. 273, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2006; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

The Senate has passed the bill.

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

Senate Bill No. 276, entitled

A bill to make appropriations for the department of labor and economic growth, the Michigan strategic fund, and certain other state purposes for the fiscal year ending September 30, 2006; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The Senate has passed the bill.

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

Senate Bill No. 279, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 4, 6, 11, 11a, 11f, 11g, 11j, 18, 19, 20, 20j, 22a, 22b, 22d, 24, 25, 26a, 31a, 31d, 32c, 32d, 32j, 37, 39, 39a, 41, 41a, 51a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 94a, 98, 98b, 99, 107, 147, 158b, and 164c (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611f, 388.1611g, 388.1611j, 388.1618, 388.1619, 388.1620, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1624, 388.1625, 388.1626a, 388.1631a, 388.1631d, 388.1632c, 388.1632d, 388.1632j, 388.1637, 388.1639, 388.1639a, 388.1641, 388.1641a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1698b, 388.1699, 388.1707, 388.1747, 388.1758b, and 388.1764c), sections 3, 4, 6, 11f, 11g, 11j, 19, 20, 20j, 22a, 22b, 24, 26a, 31d, 32c, 32d, 32j, 37, 39a, 41, 41a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 94a, 98, 99, 107, 147, and 158b as amended and section 22d as added by 2004 PA 351, sections 11 and 51a as amended by 2004 PA 518, section 11a as added by 2003 PA 158, section 18 as amended by 2004 PA 414, section 25 as amended by 2000 PA 297, sections 31a and 98b as amended by 2004 PA 593, section 39 as amended by 2002 PA 191, and section 164c as added by 1995 PA 130, and by adding sections 26b and 32l; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Communications from State Officers

The following communications from the Auditor General were received and read:

June 16, 2005

Enclosed is a copy of the following audit report and/or report summary:

Financial audit, including the provisions of the Single Audit Act, of the

Department of Civil Rights

for the period October 1, 2002 through September 30, 2004

June 16, 2005

Enclosed is a copy of the following audit report and/or report summary:

Performance audit of

Lake Michigan College

June 2005

June 17, 2005

Enclosed is a copy of the following audit report and/or report summary:

Financial audit of the

Michigan Broadband Development Authority

(A Component Unit of the State of Michigan)

for the period October 1, 2003 through September 30, 2004

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Clerk and the accompanying reports referred to the Committee on Government Operations.

Introduction of Bills

Reps. Hoogendyk, Palmer, Gosselin, Sheen, Stahl, Robertson, Schuitmaker, Drolet, Brandenburg, Meyer, Mortimer, Acciavatti, Baxter, Garfield, Pastor, Huizenga, Vander Veen, Newell, Stakoe, Hildenbrand, Marleau, Emmons, Steil, Casperson, Jones, Taub, Rocca, Ball and Walker introduced

House Bill No. 4975, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1215 and 1227 (MCL 380.1215 and 380.1227), section 1215 as amended by 2002 PA 63 and section 1227 as amended by 2002 PA 66, and by adding section 1227a.

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

Reps. Mayes, Dillon, Cushingberry, McDowell, Hunter, Clemente, Condino, Leland, Farrah, Lipsey, Espinoza, Gillard, Accavitti, Kolb, Alma Smith, Tobocman, Green, Gonzales, Moore, Kathleen Law, Murphy, Bieda, Sheltrown and Angerer introduced

House Bill No. 4976, entitled

A bill to amend 1978 PA 232, entitled "An act to permit banks and savings and loan associations to suspend business in the event of an existing or impending emergency; to prescribe the powers and duties of bank and savings and loan association officers and certain state officials; and to declare the legal effect of the suspensions of business authorized by this act," by amending the title and sections 1, 2, 3, 4, 5, and 6 (MCL 487.941, 487.942, 487.943, 487.944, 487.945, and 487.946).

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

Reps. Hildenbrand, Taub, Vander Veen, Adamini, Brown, Stahl, Hansen, Wenke, Marleau, Baxter, Gosselin, Sheltrown, Hune, Jones, Nitz, Ball, Elsenheimer, Acciavatti, Robertson, Mortimer, Lemmons, Jr., Sheen, Pavlov, Pearce, Proos, Schuitmaker and Lemmons, III introduced

House Bill No. 4977, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5l (MCL 28.425l), as amended by 2002 PA 719.

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

Reps. Hildenbrand, Taub, Vander Veen, Adamini, Brown, Stahl, Hansen, Wenke, Marleau, Baxter, Gosselin, Sheltrown, Caswell, Hune, Jones, Nitz, Rocca, Ball, Elsenheimer, Acciavatti, Robertson, Hoogendyk, Mortimer, Lemmons, Jr., Sheen, Pavlov, Pearce, Proos, Schuitmaker and Lemmons, III introduced

House Bill No. 4978, entitled

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

Reps. Hildenbrand, Taub, Vander Veen, Stahl, Gaffney, Hansen, Wenke, Marleau, Gosselin, Hune, Jones, Ball, Elsenheimer, Robertson, Hoogendyk, Lemmons, Jr., Schuitmaker, Pavlov and Lemmons, III introduced

House Bill No. 4979, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 272.

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

Rep. Jones introduced

House Bill No. 4980, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), 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. Lipsey, Lemmons, III, Lemmons, Jr., Leland, Kolb, Alma Smith, Farrah, Condino, Hood, Kathleen Law, Adamini, Anderson, Williams, Gaffney, Stewart, Schuitmaker, Whitmer, Murphy, Plakas, Gillard, Accavitti and Byrnes introduced

House Bill No. 4981, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 4 (MCL 445.904), as amended by 2003 PA 216.

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

Reps. Hoogendyk, Gosselin, Stahl, Drolet, Garfield, Newell, Stakoe, Hildenbrand, Marleau and Mortimer introduced

House Joint Resolution L, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 53 of article IV and adding section 10 to article VIII, to expand the audit authority of the auditor general to include school districts and to require school districts to expend at least 65% of their general operating budgets on instruction.

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

______

The Speaker called the Speaker Pro Tempore to the Chair.

Quorum Call

Rep. Ward questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

Roll Call No. 209 Yeas--99

Accavitti Farhat Leland Sak

Acciavatti Farrah Lemmons, III Schuitmaker

Amos Gaffney Lemmons, Jr. Shaffer

Anderson Garfield Lipsey Sheen

Angerer Gillard Marleau Sheltrown

Ball Gleason Mayes Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Hummel Nitz Vagnozzi

Caul Hune Nofs Van Regenmorter

Cheeks Hunter Palmer Vander Veen

Clack Jones Palsrok Walker

Clemente Kahn Pastor Ward

Condino Kehrl Pearce Waters

Cushingberry Kolb Plakas Whitmer

Donigan Kooiman Polidori Williams

Drolet LaJoy Proos Wojno

Emmons Law, David Robertson Zelenko

Espinoza Law, Kathleen Rocca

In The Chair: Kooiman

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4315, entitled

A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 6 (MCL 224.6), as amended by 1982 PA 299.

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. LaJoy, David Law, Gosselin, Nitz, Wenke, Pavlov, Pearce, Anderson, Byrnes, Murphy, Kathleen Law, Gleason and Leland

Nays: Reps. Meyer and Casperson

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

House Bill No. 4316, entitled

A bill to amend 1966 PA 293, entitled "An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies," by amending section 14 (MCL 45.514), as amended by 1982 PA 300.

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. LaJoy, David Law, Gosselin, Nitz, Wenke, Pavlov, Pearce, Anderson, Byrnes, Murphy, Kathleen Law, Gleason and Leland

Nays: Reps. Meyer and Casperson

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

House Bill No. 4317, entitled

A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies," by amending section 12 (MCL 45.562).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Wenke, Pavlov, Pearce, Anderson, Byrnes, Murphy, Kathleen Law, Gleason and Leland

Nays: None

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

House Bill No. 4963, entitled

A bill to amend 2000 PA 77, entitled "An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 625, 803l, 804, and 904 (MCL 257.625, 257.803l, 257.804, and 257.904), sections 625 and 904 as amended by 1999 PA 73, 803l as amended by 1998 PA 68, and section 804 as amended by 1995 PA 129, and by adding sections 6d, 17b, 30b, 811d, 811e, 811f, 811g, and 811h; and to repeal acts and parts of acts," by repealing enacting section 1.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Wenke, Pavlov, Pearce, Anderson, Byrnes, Murphy, Kathleen Law, Gleason and Leland

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 21, 2005

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

Absent: Reps. Moore and Hood

Excused: Reps. Moore and Hood

The Committee on Education, by Rep. Palmer, Chair, reported

House Bill No. 4402, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230 and 1230a (MCL 380.1230 and 380.1230a), section 1230 as amended by 1993 PA 284 and section 1230a as added by 1995 PA 83.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Lemmons, III, Kehrl and Clack

Nays: None

The Committee on Education, by Rep. Palmer, Chair, reported

House Bill No. 4928, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1535a and 1539b (MCL 380.1535a and 380.1539b), as amended by 2004 PA 51.

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. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Angerer, Lemmons, III, Kehrl and Clack

Nays: None

The Committee on Education, by Rep. Palmer, Chair, reported

House Bill No. 4929, entitled

A bill to amend 1937 (Ex Sess) PA 4, entitled "An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act," by amending section 1 of article IV (MCL 38.101), as amended by 1993 PA 60, and by adding section 1a to article IV.

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. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Angerer, Lemmons, III, Kehrl and Clack

Nays: None

The Committee on Education, by Rep. Palmer, Chair, reported

House Bill No. 4930, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1230d.

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. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Lemmons, III, Kehrl and Clack

Nays: None

The Committee on Education, by Rep. Palmer, Chair, reported

House Bill No. 4931, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2004 PA 418.

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. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Lemmons, III, Kehrl and Clack

Nays: None

The Committee on Education, by Rep. Palmer, Chair, reported

House Bill No. 4932, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," (MCL 28.721 to 28.732) by amending the title, as amended by 2004 PA 237, and by adding headings for articles I and II and by adding article III.

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. Palmer, Mortimer, Gosselin, Meyer, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Lemmons, III and Kehrl

Nays: None

The Committee on Education, by Rep. Palmer, Chair, reported

House Bill No. 4933, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2004 PA 150.

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. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Ball, Elsenheimer, Pearce, Proos, Hopgood, Lemmons, III, Kehrl and Clack

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 21, 2005

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

Absent: Rep. Virgil Smith

Excused: Rep. Virgil Smith

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Vander Veen, Chair, of the Committee on Senior Health, Security, and Retirement, was received and read:

Meeting held on: Tuesday, June 21, 2005

Present: Reps. Vander Veen, Green, Van Regenmorter, Stahl, Proos, Zelenko, Polidori, Clack and Vagnozzi

Notices

Waiver

of Remaining Session Days

TO: Peter L. Plummer, Executive Director

State Office of Administrative Hearings and Rules

Secretary of the Senate

Clerk of the House

FROM: Representative Jim Marleau, Chair

Senator Michael Bishop, Alternate Chair

DATE: June 21, 2005

Pursuant to MCL 24.245a(1) the Joint Committee on Administrative Rules has by a concurrent majority vote, waived the remaining session days for the following rule set: Department of Military and Veteran Affairs--Military Relief Fund-Procedures for Review of Applications and Disbursement of Funds (2005-004MA.)

According to MCL 24.245a(2), if the Committee waives the remaining session days, the State Office of Administrative Hearings and Rules may immediately file the rule.

Sincerely,

Representative Jim Marleau Senator Michael Bishop

Chair Alternate Chair

Joint Committee on Administrative Rules Joint Committee on Administrative Rules

______

Rep. Kahn asked and obtained an excuse from the balance of today's session.

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4217, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 482 and 488 (MCL 168.482 and 168.488), section 482 as amended and section 488 as added by 1998 PA 142.

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

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

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

The motion prevailed.

Senate Bill No. 412, entitled

A bill to amend 1964 PA 183, entitled "An act creating the state building authority with power to acquire, construct, furnish, equip, own, improve, enlarge, operate, mortgage, and maintain facilities for the use of the state or any of its agencies; to act as a developer or co-owner of facilities as a condominium project for the use of the state or any of its agencies; to authorize the execution of leases pertaining to those facilities by the building authority with the state or any of its agencies; to authorize the payment of true rentals by the state; to provide for the issuance of revenue obligations by the building authority to be paid from the true rentals to be paid by the state and other resources and security provided for and pledged by the building authority; to authorize the creation of funds; to authorize the conveyance of lands by the state or any of its agencies for the purposes authorized in this act; to authorize the appointment of a trustee for bondholders; to permit remedies for the benefit of parties in interest; to provide for other powers and duties of the authority; and to provide for other matters in relation to the authority and its obligations," by amending sections 1, 1a, 3, and 7 (MCL 830.411, 830.411a, 830.413, and 830.417), sections 1 and 7 as amended by 1994 PA 252 and sections 1a and 3 as amended by 1988 PA 248.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4328, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 482 (MCL 168.482), as amended by 1998 PA 142.

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

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

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

The motion prevailed.

House Bill No. 4801, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 867 and 881 (MCL 168.867 and 168.881), section 867 as amended by 1980 PA 200 and section 881 as amended by 1995 PA 261.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on House Oversight, Elections, and Ethics,

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

Rep. David Law moved to substitute (H-4) the bill.

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

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

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

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

The motion prevailed.

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Rep. Palmer moved that Reps. Elsenheimer and Casperson be excused temporarily from today's session.

The motion prevailed.

Rep. Whitmer moved that Reps. Brown and Adamini be excused temporarily from today's session.

The motion prevailed.

Rep. Sak moved that Rep. McDowell 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. 4133, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by repealing section 1831 (MCL 600.1831).

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

Roll Call No. 210 Yeas--85

Accavitti Farrah Leland Rocca

Acciavatti Gaffney Lipsey Sak

Amos Garfield Marleau Schuitmaker

Angerer Gillard Mayes Shaffer

Ball Gleason McConico Sheen

Baxter Gonzales Meisner Smith, Alma

Bieda Gosselin Meyer Spade

Booher Hansen Miller Stahl

Brandenburg Hildenbrand Moolenaar Stakoe

Byrnes Hoogendyk Moore Steil

Byrum Hopgood Mortimer Stewart

Caswell Hummel Nitz Taub

Caul Hune Nofs Tobocman

Cheeks Hunter Palmer Vagnozzi

Clemente Jones Palsrok Vander Veen

Condino Kehrl Pastor Walker

DeRoche Kolb Pavlov Ward

Donigan Kooiman Plakas Wenke

Drolet LaJoy Polidori Whitmer

Emmons Law, David Proos Wojno

Espinoza Law, Kathleen Robertson Zelenko

Farhat

Nays--18

Anderson Green Murphy Smith, Virgil

Bennett Hood Newell Van Regenmorter

Clack Huizenga Pearce Waters

Cushingberry Lemmons, III Sheltrown Williams

Dillon Lemmons, Jr.

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 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 1831 (MCL 600.1831), as amended by 1984 PA 29.

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.

Reps. McConico, Stewart, Meyer, Gaffney, Hunter, Tobocman, Bieda, DeRoche, Accavitti, Gleason, Espinoza, Mayes and Schuitmaker were named co-sponsors of the bill.

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Rep. Cushingberry, 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 because we should remember the Sabbath and keep it holy for Christian's and we should absolutely prohibit entering a Church, Synagogue, Mosque, Temple or other House of Worship for the purpose of any legal process. No Judge should have the authority to so Order. Why is it necessary to allow such a act with all of the opportunities for Substituted Service? This shows a contempt for what little solace troubled individuals have - a day of rest. Are we stuck on symbolism as opposed to action to demonstrate our faith? This is an unnecessary bill and I protest its passage."

House Bill No. 4679, entitled

A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending sections 1, 3, 4, and 7 (MCL 125.1651, 125.1653, 125.1654, and 125.1657), sections 1 and 7 as amended by 2004 PA 196, section 3 as amended by 2004 PA 521, and section 4 as amended by 1987 PA 66.

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

Roll Call No. 211 Yeas--99

Accavitti Farhat Lemmons, Jr. Schuitmaker

Acciavatti Farrah Lipsey Shaffer

Amos Gaffney Mayes Sheen

Anderson Gillard McConico Sheltrown

Angerer Gleason Meisner Smith, Alma

Ball Gonzales Meyer Smith, Virgil

Baxter Green Miller Spade

Bennett Hansen Moolenaar Stahl

Bieda Hildenbrand Moore Stakoe

Booher Hood Mortimer Steil

Brandenburg Hoogendyk Murphy Stewart

Byrnes Hopgood Newell Taub

Byrum Huizenga Nitz Tobocman

Caswell Hummel Nofs Vagnozzi

Caul Hune Palmer Van Regenmorter

Cheeks Hunter Palsrok Vander Veen

Clack Jones Pastor Walker

Clemente Kehrl Pavlov Ward

Condino Kolb Pearce Waters

Cushingberry Kooiman Plakas Wenke

DeRoche LaJoy Polidori Whitmer

Dillon Law, David Proos Williams

Donigan Law, Kathleen Robertson Wojno

Emmons Leland Rocca Zelenko

Espinoza Lemmons, III Sak

Nays--4

Drolet Garfield Gosselin Marleau

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 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending sections 1, 3, 4, and 7 (MCL 125.1651, 125.1653, 125.1654, and 125.1657), sections 1 and 3 as amended by 2005 PA 13, section 4 as amended by 1987 PA 66, and section 7 as amended by 2004 PA 196.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

The House returned to the consideration of

House Bill No. 4217, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 482 and 488 (MCL 168.482 and 168.488), section 482 as amended and section 488 as added by 1998 PA 142.

(The bill was considered earlier today, see today's Journal, p. 911.)

Rep. Drolet moved to amend the bill as follows:

1. Amend page 1, line 5, after "TYPE." by inserting "A PETITION THAT COMPLIES WITH THIS REQUIREMENT IS NOT INVALID AND NO SANCTIONS APPLY SOLELY BECAUSE THE PETITION IS CIRCULATED BY AN UNPAID VOLUNTEER.".

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

Rep. Rocca 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

Third Reading of Bills

House Bill No. 4915, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 2 (MCL 207.552), as amended by 2003 PA 5.

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

Roll Call No. 212 Yeas--97

Accavitti Gaffney Lemmons, Jr. Robertson

Acciavatti Garfield Lipsey Rocca

Amos Gillard Marleau Sak

Angerer Gleason Mayes Schuitmaker

Ball Gonzales McConico Shaffer

Baxter Gosselin McDowell Sheen

Bennett Green Meisner Sheltrown

Booher Hansen Meyer Spade

Brandenburg Hildenbrand Miller Stahl

Byrnes Hoogendyk Moolenaar Stakoe

Byrum Hopgood Moore Steil

Caswell Huizenga Mortimer Stewart

Caul Hummel Murphy Taub

Cheeks Hune Newell Tobocman

Clack Hunter Nitz Vagnozzi

Clemente Jones Nofs Van Regenmorter

Cushingberry Kehrl Palmer Vander Veen

DeRoche Kolb Palsrok Walker

Dillon Kooiman Pastor Ward

Donigan LaJoy Pavlov Wenke

Drolet Law, David Pearce Whitmer

Emmons Law, Kathleen Plakas Williams

Espinoza Leland Polidori Wojno

Farhat Lemmons, III Proos Zelenko

Farrah

Nays--6

Anderson Condino Smith, Virgil Waters

Bieda Smith, Alma

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.

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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:

I voted 'no' on HB 4915 because I believe that the proposed changes to P.A. 198 of 1974 are too broad and would be applied to other situations where abatements would be sought. As a matter of principle, we should be looking at legislation for tax abatements on a more comprehensive level rather than proposed 'special fixes' for companies that approach the legislature."

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

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.

(For text of concurrent resolution, see House Journal No. 49, p. 745.)

(The concurrent resolution was reported by the Committee on Appropriations on June 15, consideration of which, under the rules, was postponed until June 16.)

The question being on the adoption of the concurrent resolution,

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

Roll Call No. 213 Yeas--104

Accavitti Farhat Lemmons, III Rocca

Acciavatti Farrah Lemmons, Jr. Sak

Amos Gaffney Lipsey Schuitmaker

Anderson Garfield Marleau Shaffer

Angerer Gillard Mayes Sheen

Ball Gleason McConico Sheltrown

Baxter Gonzales McDowell Smith, Alma

Bennett Gosselin Meisner Smith, Virgil

Bieda Green Meyer Spade

Booher Hansen Miller Stahl

Brandenburg Hildenbrand Moolenaar Stakoe

Byrnes Hood Moore Steil

Byrum Hoogendyk Mortimer Stewart

Caswell Hopgood Murphy Taub

Caul Huizenga Newell Tobocman

Cheeks Hummel Nitz Vagnozzi

Clack Hune Nofs Van Regenmorter

Clemente Hunter Palmer Vander Veen

Condino Jones Palsrok Walker

Cushingberry Kehrl Pastor Ward

DeRoche Kolb Pavlov Waters

Dillon Kooiman Pearce Wenke

Donigan LaJoy Plakas Whitmer

Drolet Law, David Polidori Williams

Emmons Law, Kathleen Proos Wojno

Espinoza Leland Robertson Zelenko

Nays--0

In The Chair: Kooiman

The Speaker laid before the House

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.

(For text of concurrent resolution, see House Journal No. 49, p. 746.)

(The concurrent resolution was reported by the Committee on Appropriations on June 15, consideration of which, under the rules, was postponed until June 16.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

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

Roll Call No. 214 Yeas--103

Accavitti Farhat Lemmons, III Rocca

Acciavatti Farrah Lemmons, Jr. Sak

Amos Gaffney Lipsey Schuitmaker

Anderson Garfield Marleau Shaffer

Angerer Gillard Mayes Sheen

Ball Gleason McConico Sheltrown

Baxter Gonzales McDowell Smith, Alma

Bennett Gosselin Meisner Smith, Virgil

Bieda Green Meyer Spade

Booher Hansen Miller Stahl

Brandenburg Hildenbrand Moolenaar Stakoe

Byrnes Hood Moore Steil

Byrum Hoogendyk Mortimer Stewart

Caswell Hopgood Murphy Taub

Caul Huizenga Newell Tobocman

Cheeks Hummel Nitz Vagnozzi

Clack Hune Nofs Van Regenmorter

Clemente Hunter Palmer Vander Veen

Condino Jones Palsrok Walker

Cushingberry Kehrl Pastor Ward

DeRoche Kolb Pavlov Waters

Dillon Kooiman Pearce Wenke

Donigan LaJoy Plakas Whitmer

Drolet Law, David Polidori Williams

Emmons Law, Kathleen Proos Zelenko

Espinoza Leland Robertson

Nays--0

In The Chair: Kooiman

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. DeRoche moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 4476.

(For first notice see House Journal No. 56, p. 900.)

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

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

The motion prevailed.

Rep. DeRoche moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 4477.

(For first notice see House Journal No. 56, p. 900.)

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

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

The motion prevailed.

Rep. Ward moved that the Committee on Education be discharged from further consideration of House Bill No. 4947.

(For first notice see House Journal No. 56, p. 900.)

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

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

The motion prevailed.

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

The motion prevailed.

Notices

Pursuant to Rule 44, the Speaker has made the following reassignments:

House Bill No. 4975 referred to the Committee on Appropriations.

House Joint Resolution L referred to the Committee on Appropriations.

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Rep. LaJoy moved that the House adjourn.

The motion prevailed, the time being 4:55 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, June 22, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives