No. 108

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Tuesday, December 13, 2005.

10:00 a.m.

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

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

Accavitti--present 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--excused 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--e/d/s Kolb--present Pearce--present Wenke--present

DeRoche--present Kooiman--present Phillips--e/d/s Whitmer--present

Dillon--present LaJoy--present Plakas--e/d/s Williams--present

Donigan--present Law, David--present Polidori--present Wojno--present

Drolet--present Law, Kathleen--present Proos--present Zelenko--present

Elsenheimer--present

e/d/s = entered during session

Rep. Frank Accavitti, Jr., from the 42nd District, offered the following invocation:

"We thank You for the opportunity to serve You and the people of the state of Michigan. As we bring this year to a close, let us remember all the blessings we have received and ask that You bring peace to our hearts and minds. Amen."

______

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

The motion prevailed.

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Sheen, Chair, reported

Senate Bill No. 203, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 54 (MCL 208.54), as added by 1999 PA 115.

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. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Marleau, Condino, Farrah, Zelenko, Miller and Meisner

Nays: Rep. Bennett

The Committee on Tax Policy, by Rep. Sheen, Chair, reported

Senate Bill No. 909, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35f.

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. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Marleau, Condino, Farrah, Zelenko, Miller and Meisner

Nays: Rep. Bennett

The Committee on Tax Policy, by Rep. Sheen, Chair, reported

Senate Bill No. 910, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35i.

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. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Marleau, Condino, Farrah, Zelenko, Miller and Meisner

Nays: Rep. Bennett

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 13, 2005

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

Absent: Rep. Bieda

Excused: Rep. Bieda

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

Senate Bill No. 529, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 6 and 7 (MCL 207.776 and 207.777).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, Marleau, Pavlov, Schuitmaker, Meisner, Murphy, Bennett and Accavitti

Nays: None

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

Senate Bill No. 530, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 2, 3, 4, 8, 10, 11, 12, and 13 (MCL 207.772, 207.773, 207.774, 207.778, 207.780, 207.781, 207.782, and 207.783), sections 2, 3, and 12 as amended by 2004 PA 396, section 4 as amended by 2004 PA 566, and sections 10 and 11 as amended by 2001 PA 217.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, Marleau, Pavlov, Schuitmaker, Meisner, Murphy, Bennett and Accavitti

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 13, 2005

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

Absent: Reps. David Law, Tobocman and Dillon

Excused: Reps. David Law, Tobocman and Dillon

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

House Bill No. 4889, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 733 (MCL 257.733), as amended by 2004 PA 62.

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, Meyer, Casperson, Nitz, Wenke, Moore, Pavlov, Pearce, Anderson, Byrnes, Murphy, Kathleen Law, Hood, Gleason and Leland

Nays: None

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

House Bill No. 5240, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 5, 320a, 627, 628, 629, and 629c (MCL 257.5, 257.320a, 257.627, 257.628, 257.629, and 257.629c), section 320a as amended by 2004 PA 495, section 627 as amended by 2004 PA 62, section 628 as amended by 2003 PA 65, section 629 as amended by 1988 PA 368, and section 629c as amended by 1996 PA 320; and to repeal acts and parts of acts.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. LaJoy, Gosselin, Meyer, Casperson, Nitz, Moore, Pearce, Anderson, Byrnes, Kathleen Law, Hood, Gleason and Leland

Nays: None

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

House Bill No. 5241, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 61 (MCL 257.1861).

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, Gosselin, Meyer, Casperson, Nitz, Moore, Pearce, Anderson, Byrnes, Kathleen Law, Hood, Gleason and Leland

Nays: None

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

Senate Bill No. 624, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 80.

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, Gosselin, Meyer, Casperson, Nitz, Wenke, Moore, Pearce, Anderson, Byrnes, Murphy, Kathleen Law and Leland

Nays: None

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

House Resolution No. 149.

A resolution to memorialize the Congress of the United States to increase efforts to protect our borders.

(For text of resolution, see House Journal No. 96, p. 2081.)

With the recommendation that the resolution be adopted.

The resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. LaJoy, Casperson, Nitz, Wenke, Moore, Pavlov, Pearce, Anderson, Byrnes, Murphy, Hood, 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, December 13, 2005

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

Absent: Rep. David Law

Excused: Rep. David Law

Messages from the Senate

House Bill No. 5054, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts," by amending section 7 (MCL 691.1407), as amended by 2004 PA 428.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5200, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 219, 233, 235a, and 811d (MCL 257.219, 257.233, 257.235a, and 257.811d), sections 219 and 233 as amended by 1999 PA 267, section 235a as amended by 1987 PA 238, and section 811d as added by 2000 PA 77.

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. 5333, entitled

A bill to amend 1952 PA 214, entitled "An act authorizing the Mackinac bridge authority to acquire a bridge connecting the upper and lower peninsulas of Michigan, including causeways, tunnels, roads and all useful related equipment and facilities, including park, parking, recreation, lighting and terminal facilities; extending the corporate existence of the authority; authorizing such authority to enjoy and carry out all powers incident to its corporate objects; authorizing the appropriation and use of state funds for the preliminary purposes of the authority; providing for the payment of the cost of such bridge and in that connection authorizing the authority to issue revenue bonds payable solely from the revenues of the bridge; granting the right of condemnation to the authority; granting the use of state land and property to the authority; making provisions for the payment and security of such bonds and granting certain rights and remedies to the holders thereof; authorizing banks and trust companies to perform certain acts in connection therewith; authorizing the imposition of tolls and charges; authorizing the authority to secure the consent of the United States government to the construction of the bridge and to secure approval of plans, specifications and location of same; authorizing employment of engineers irrespective of whether such engineers have been previously employed to make preliminary inspections or reports with respect to the bridge; authorizing the state highway department to operate and maintain such bridge or to contribute thereto and enter into leases and agreements in connection therewith; exempting such bonds and the property of the authority from taxation; prohibiting competing traffic facilities; authorizing the operation of ferries by the authority; providing for the construction and use of certain buildings; and making an appropriation," by repealing sections 3 and 14 (MCL 254.313 and 254.324).

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5339, entitled

A bill to amend 1950 (Ex Sess) PA 21, entitled "An act to create the Mackinac bridge authority, and to prescribe its powers and duties; to provide for the determination of the physical and financial feasibility of a bridge connecting the upper and lower peninsulas of Michigan; to provide for a board of consulting engineers, and to prescribe its powers and duties; and to make an appropriation to carry out the provisions of this act," by amending section 2 (MCL 254.302); and to repeal acts and parts of acts.

The Senate has passed the bill and ordered that it be given immediate effect.

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

Communications from State Officers

The following communication from the Auditor General was received and read:

December 8, 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 Human Services

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

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.

______

The Speaker assumed the Chair.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4655, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 80.

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.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

Senate Bill No. 252, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 14 (MCL 125.284).

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

Roll Call No. 774 Yeas--105

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, III Sak

Adamini Farrah Lemmons, Jr. Schuitmaker

Anderson Gaffney Lipsey Shaffer

Angerer Garfield Marleau Sheen

Ball Gillard Mayes Sheltrown

Baxter Gleason McConico Smith, Alma

Bennett Gonzales McDowell Smith, Virgil

Bieda Gosselin Meisner Spade

Booher Green Meyer Stahl

Brandenburg Hansen Miller Stakoe

Brown Hildenbrand Moolenaar Steil

Byrnes Hood Moore Stewart

Byrum Hoogendyk Mortimer Taub

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Van Regenmorter

Cheeks Hune Nofs Vander Veen

Clack Hunter Palmer Walker

Clemente Jones Palsrok Ward

Condino Kahn Pastor Waters

DeRoche Kolb Pavlov Wenke

Dillon Kooiman Pearce Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons

Nays--0

In The Chair: Kooiman

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

"An act to provide for the establishment in townships of zoning districts within which the proper use of land and natural resources may be encouraged or regulated by ordinance, and for which districts provisions may also be adopted designating the location of, the size of, the uses that may be made of, the minimum open spaces, sanitary, safety, and protective measures that shall be required for, and the maximum number of families that may be housed in dwellings, buildings, and structures, including tents and trailer coaches, that are erected or altered; to designate the use of certain state licensed residential facilities; to provide for a method for the adoption of ordinances and amendments to ordinances; to provide for emergency interim ordinances; to provide for the acquisition by purchase, condemnation, or otherwise of nonconforming property; to provide for the administering of ordinances adopted; to provide for conflicts with other acts, ordinances, or regulations; to provide sanctions for violations; to provide for the assessment, levy, and collection of taxes; to provide for the collection of fees for building permits; to provide for petitions, public hearings, and referenda; to provide for appeals; to authorize the purchase of development rights; to authorize the issuance of bonds and notes; to provide for special assessments; and to prescribe penalties and provide remedies,"

The House agreed to the full title.

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

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

Senate Bill No. 253, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 9 (MCL 125.209), as amended by 2000 PA 385.

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

Roll Call No. 775 Yeas--105

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, III Sak

Adamini Farrah Lemmons, Jr. Schuitmaker

Anderson Gaffney Lipsey Shaffer

Angerer Garfield Marleau Sheen

Ball Gillard Mayes Sheltrown

Baxter Gleason McConico Smith, Alma

Bennett Gonzales McDowell Smith, Virgil

Bieda Gosselin Meisner Spade

Booher Green Meyer Stahl

Brandenburg Hansen Miller Stakoe

Brown Hildenbrand Moolenaar Steil

Byrnes Hood Moore Stewart

Byrum Hoogendyk Mortimer Taub

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Van Regenmorter

Cheeks Hune Nofs Vander Veen

Clack Hunter Palmer Walker

Clemente Jones Palsrok Ward

Condino Kahn Pastor Waters

DeRoche Kolb Pavlov Wenke

Dillon Kooiman Pearce Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons

Nays--0

In The Chair: Kooiman

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

"An act to provide for the establishment in portions of counties lying outside the limits of incorporated cities and villages of zoning districts within which the proper use of land and natural resources may be encouraged or regulated by ordinance, and for which districts provisions may also be adopted designating the location of, the size of, the uses that may be made of, the minimum open spaces, sanitary, safety, and protective measures that are required for, and the maximum number of families that may be housed in dwellings, buildings, and structures that are erected or altered; to designate the use of certain state licensed residential facilities; to provide for a method for the adoption of ordinances and amendments to ordinances; to provide for emergency interim ordinances; to provide by ordinance for the acquisition by purchase, condemnation, or otherwise, of property that does not conform to the requirements of the zoning districts so provided; to provide for the administering of ordinances adopted; to provide for conflicts with other acts, ordinances, or regulations; to provide sanctions for violations; to provide for the assessment, levy, and collection of taxes; to provide for referenda; to provide for appeals; to authorize the purchase of development rights; to authorize the issuance of bonds and notes; to provide for special assessments; and to prescribe penalties and provide remedies,"

The House agreed to the full title.

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

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

Senate Bill No. 254, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 4 (MCL 125.584), as amended by 2000 PA 383.

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

Roll Call No. 776 Yeas--105

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, III Sak

Adamini Farrah Lemmons, Jr. Schuitmaker

Anderson Gaffney Lipsey Shaffer

Angerer Garfield Marleau Sheen

Ball Gillard Mayes Sheltrown

Baxter Gleason McConico Smith, Alma

Bennett Gonzales McDowell Smith, Virgil

Bieda Gosselin Meisner Spade

Booher Green Meyer Stahl

Brandenburg Hansen Miller Stakoe

Brown Hildenbrand Moolenaar Steil

Byrnes Hood Moore Stewart

Byrum Hoogendyk Mortimer Taub

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Van Regenmorter

Cheeks Hune Nofs Vander Veen

Clack Hunter Palmer Walker

Clemente Jones Palsrok Ward

Condino Kahn Pastor Waters

DeRoche Kolb Pavlov Wenke

Dillon Kooiman Pearce Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons

Nays--0

In The Chair: Kooiman

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

"An act to provide for the establishment in cities and villages of districts or zones within which the use of land and structures and the height, area, size, and location of buildings may be regulated by ordinance, and for which districts regulations shall be established for the light and ventilation of those buildings, and for which districts or zones the density of population may be regulated by ordinance; to designate the use of certain state licensed residential facilities; to provide by ordinance for the acquisition by purchase, condemnation, or otherwise of private property that does not conform to the regulations and restrictions of the various zones or districts provided; to provide for the administering of this act; to provide for amendments, supplements, or changes in zoning ordinances, zones, or districts; to provide for conflict with the state housing code or other acts, ordinances, or regulations; to provide sanctions for the violation of this act; to authorize the purchase of development rights; to authorize the issuance of bonds and notes; and to provide for special assessments,"

The House agreed to the full title.

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

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

House Bill No. 4522, 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 5j (MCL 28.425j), as amended by 2004 PA 254.

(The bill was read a third time, vote reconsidered by which the House placed the bill on the order of Third Reading of Bills, amendment withdrawn, bill placed on the order of Third Reading of Bills and postponed for the day on December 8, see House Journal No. 107, p. 2487.)

The question being on the passage of the bill,

Rep. Hummel moved to amend the bill as follows:

1. Amend page 4, following subsection (B) by inserting:

"(C) THE INDIVIDUAL CERTIFIES THAT HE OR SHE HAS COMPLETED AT LEAST 3 HOURS REVIEW OF THE TRAINING DESCRIBED UNDER THIS SECTION AND HAS AT LEAST 1 HOUR OF FIRING RANGE TIME IN THE 6 MONTHS PRECEDING THE APPLICATION.".

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 777 Yeas--105

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, III Sak

Adamini Farrah Lemmons, Jr. Schuitmaker

Anderson Gaffney Lipsey Shaffer

Angerer Garfield Marleau Sheen

Ball Gillard Mayes Sheltrown

Baxter Gleason McConico Smith, Alma

Bennett Gonzales McDowell Smith, Virgil

Bieda Gosselin Meisner Spade

Booher Green Meyer Stahl

Brandenburg Hansen Miller Stakoe

Brown Hildenbrand Moolenaar Steil

Byrnes Hood Moore Stewart

Byrum Hoogendyk Mortimer Taub

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Van Regenmorter

Cheeks Hune Nofs Vander Veen

Clack Hunter Palmer Walker

Clemente Jones Palsrok Ward

Condino Kahn Pastor Waters

DeRoche Kolb Pavlov Wenke

Dillon Kooiman Pearce Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

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

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

Reps. Waters, McConico, Anderson, Zelenko, Lipsey, Meyer, Hummel, Newell, Vander Veen, Williams, Gaffney, Hunter, Farrah, Pastor, LaJoy, Bieda, Wojno, Accavitti, Garfield, Gleason, Shaffer, Nofs, Ward, Byrum, Emmons, Nitz, Stahl, Sheen, Huizenga, Farhat, Moolenaar, Palsrok, Casperson, Baxter, Bennett, Booher, Cheeks, Clemente, Espinoza, Gonzales, Hansen, Hildenbrand, Jones, Lemmons, III, Lemmons, Jr., Marleau, Miller, Moore, Pavlov, Polidori, Proos, Rocca, Schuitmaker, Spade and Murphy were named co-sponsors of the bill.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5100, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending sections 2 and 7 (MCL 722.22 and 722.27), section 2 as amended by 2004 PA 542 and section 7 as amended by 2001 PA 108.

(The bill was received from the Senate on November 8, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 9, see House Journal No. 97, p. 2129.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 778 Yeas--105

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, III Sak

Adamini Farrah Lemmons, Jr. Schuitmaker

Anderson Gaffney Lipsey Shaffer

Angerer Garfield Marleau Sheen

Ball Gillard Mayes Sheltrown

Baxter Gleason McConico Smith, Alma

Bennett Gonzales McDowell Smith, Virgil

Bieda Gosselin Meisner Spade

Booher Green Meyer Stahl

Brandenburg Hansen Miller Stakoe

Brown Hildenbrand Moolenaar Steil

Byrnes Hood Moore Stewart

Byrum Hoogendyk Mortimer Taub

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Van Regenmorter

Cheeks Hune Nofs Vander Veen

Clack Hunter Palmer Walker

Clemente Jones Palsrok Ward

Condino Kahn Pastor Waters

DeRoche Kolb Pavlov Wenke

Dillon Kooiman Pearce Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons

Nays--0

In The Chair: Kooiman

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 5067, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending the title and section 105 (MCL 436.1105) and by adding section 914.

(The bill was received from the Senate on November 30, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 1, see House Journal No. 103, p. 2297.)

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

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 779 Yeas--104

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, III Sak

Adamini Farrah Lemmons, Jr. Schuitmaker

Anderson Gaffney Lipsey Shaffer

Angerer Garfield Marleau Sheen

Ball Gillard Mayes Sheltrown

Baxter Gleason McConico Smith, Alma

Bennett Gonzales McDowell Smith, Virgil

Bieda Gosselin Meisner Spade

Booher Green Meyer Stahl

Brandenburg Hansen Miller Stakoe

Brown Hildenbrand Moolenaar Steil

Byrnes Hood Moore Stewart

Byrum Hoogendyk Mortimer Taub

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Van Regenmorter

Cheeks Hune Nofs Vander Veen

Clack Hunter Palmer Walker

Clemente Jones Palsrok Ward

Condino Kahn Pastor Waters

DeRoche Kolb Pavlov Wenke

Dillon Kooiman Pearce Whitmer

Donigan LaJoy Polidori Williams

Elsenheimer Law, David Proos Wojno

Emmons Law, Kathleen Robertson Zelenko

Nays--1

Drolet

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

Second Reading of Bills

Senate Bill No. 444, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 216a (MCL 750.216a), as added by 1985 PA 78, and by adding section 216b.

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

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

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

The motion prevailed.

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

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

______

Rep. Cushingberry entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 444, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 216a (MCL 750.216a), as added by 1985 PA 78, and by adding section 216b.

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

Roll Call No. 780 Yeas--106

Accavitti Emmons Leland Rocca

Acciavatti Espinoza Lemmons, III Sak

Adamini Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McConico Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Polidori Williams

Donigan LaJoy Proos Wojno

Drolet Law, David Robertson Zelenko

Elsenheimer Law, Kathleen

Nays--0

In The Chair: Kooiman

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

"An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,"

The House agreed to the full title.

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

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

______

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

Senate Joint Resolution E, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 2 of article X, to restrict the power of state or local government to take private property by eminent domain for certain private purposes.

With the recommendation that the following amendments be adopted and that the joint resolution then be adopted.

1. Amend page 2, line 12, after "OF" by inserting "A".

2. Amend page 2, line 16, after "TAKING" by inserting "OF THAT PROPERTY".

The joint resolution and amendments were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

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, December 13, 2005

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

Second Reading of Bills

Senate Joint Resolution E, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 2 of article X, to restrict the power of state or local government to take private property by eminent domain for certain private purposes.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Government Operations (for amendments, see today's Journal, p. 2510),

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Joint Resolution E, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 2 of article X, to restrict the power of state or local government to take private property by eminent domain for certain private purposes.

Was read a third time and adopted, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 781 Yeas--106

Accavitti Emmons Leland Rocca

Acciavatti Espinoza Lemmons, III Sak

Adamini Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McConico Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Polidori Williams

Donigan LaJoy Proos Wojno

Drolet Law, David Robertson Zelenko

Elsenheimer Law, Kathleen

Nays--0

In The Chair: Caswell

The House agreed to the title of the joint resolution.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4577, entitled

A bill to amend 1977 PA 72, entitled "The medicaid false claim act," by amending the title and section 11 (MCL 400.611), the title as amended by 1982 PA 518, and by adding sections 10a, 10b, and 10c.

(The bill was received from the Senate on December 6, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 7, see House Journal No. 105, p. 2367.)

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

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

The motion prevailed.

______

Rep. Plakas entered the House Chambers.

Rep. Newell moved that Rep. Kooiman be excused temporarily from today's session.

The motion prevailed.

Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 5268, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 85.

(The bill was received from the Senate on December 6, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 7, see House Journal No. 105, p. 2367.)

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

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 782 Yeas--105

Accavitti Espinoza Lemmons, III Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Cheeks Hune Palmer Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

Cushingberry Kolb Pearce Wenke

Dillon LaJoy Plakas Whitmer

Donigan Law, David Polidori Williams

Drolet Law, Kathleen Proos Wojno

Elsenheimer Leland Robertson Zelenko

Emmons

Nays--0

In The Chair: Caswell

The House agreed to the full title of the bill.

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

______

Rep. Kooiman, 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. 782. Had I been present, I would have voted 'yea'."

The House returned to the consideration of

House Bill No. 4577, entitled

A bill to amend 1977 PA 72, entitled "The medicaid false claim act," by amending the title and section 11 (MCL 400.611), the title as amended by 1982 PA 518, and by adding sections 10a, 10b, and 10c.

(The bill was considered earlier today, see today's Journal, p. 2512.)

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

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 783 Yeas--104

Accavitti Espinoza Lemmons, III Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hune Nofs Van Regenmorter

Clack Hunter Palmer Vander Veen

Clemente Jones Palsrok Walker

Condino Kahn Pastor Ward

Cushingberry Kolb Pavlov Waters

Dillon Kooiman Pearce Wenke

Donigan LaJoy Plakas Whitmer

Drolet Law, David Polidori Williams

Elsenheimer Law, Kathleen Proos Wojno

Emmons Leland Robertson Zelenko

Nays--2

Caswell Hummel

In The Chair: Caswell

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 5427, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 63203 (MCL 324.63203), as added by 2004 PA 449.

(The bill was received from the Senate on December 8, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 107, p. 2492.)

The question being on concurring in the amendment made to the bill by the Senate,

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

Roll Call No. 784 Yeas--106

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Drolet Law, David Proos Zelenko

Elsenheimer Law, Kathleen

Nays--1

Tobocman

In The Chair: Caswell

The House agreed to the full title of the bill.

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

Second Reading of Bills

House Bill No. 5198, entitled

A bill to amend 1846 RS 84, entitled "Of divorce," by amending section 18 (MCL 552.18), as amended by 1991 PA 86.

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

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

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

The motion prevailed.

Senate Bill No. 685, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16y of chapter XVII (MCL 777.16y), as amended by 2000 PA 279.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 685, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16y of chapter XVII (MCL 777.16y), as amended by 2000 PA 279.

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

Roll Call No. 785 Yeas--107

Accavitti Emmons Leland Rocca

Acciavatti Espinoza Lemmons, III Sak

Adamini Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McConico Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Drolet Law, David Proos Zelenko

Elsenheimer Law, Kathleen Robertson

Nays--0

In The Chair: Caswell

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

"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,"

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 686, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 552c.

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

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

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

The motion prevailed.

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

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

______

Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 686, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 552c.

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

Roll Call No. 786 Yeas--106

Accavitti Espinoza Lemmons, III Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Cheeks Hune Palmer Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

Cushingberry Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons Leland

Nays--0

In The Chair: Caswell

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

"An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,"

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 714, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending section 2 (MCL 722.22), as amended by 2004 PA 542.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 714, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending section 2 (MCL 722.22), as amended by 2004 PA 542.

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

Roll Call No. 787 Yeas--107

Accavitti Emmons Leland Rocca

Acciavatti Espinoza Lemmons, III Sak

Adamini Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McConico Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Drolet Law, David Proos Zelenko

Elsenheimer Law, Kathleen Robertson

Nays--0

In The Chair: Caswell

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

"An act to declare the inherent rights of minor children; to establish rights and duties to their custody, support, and parenting time in disputed actions; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; to provide for certain procedure and appeals; and to repeal certain acts and parts of acts,"

The House agreed to the full title.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Murphy, Accavitti, Anderson, Brown, Byrnes, Byrum, Cheeks, Condino, Espinoza, Gillard, Gonzales, Green, Hood, Hopgood, Kathleen Law, Leland, Lemmons, Jr., Lipsey, Mayes, Miller, Mortimer, Nofs, Pearce, Polidori, Sak, Schuitmaker, Shaffer, Alma Smith, Virgil Smith, Spade, Tobocman, Vagnozzi, Waters, Zelenko, Bieda, Clack, Farrah, Gleason, Lemmons, III and Proos offered the following resolution:

House Resolution No. 172.

A resolution to memorialize the United States Congress to establish a program to recognize historic African-American sites.

Whereas, America is blessed to be a nation of ideals that people around the world aspire to join. We have a rich tapestry of religions, races, and nationalities that has contributed to our greatness and our freedoms; and

Whereas, The history of African Americans in North America is a story with both terrible horrors and inspiring progress. We have witnessed slavery, emancipation, tentative steps to enjoy that freedom, a civil rights movement that inspired the entire nation to eradicate discrimination in our laws, and a growing integration of our society where African Americans have reached the upper levels of business and government. There are miles to go, but our society has already traveled far; and

Whereas, This history should be a source of pride for our people. While those who live near historic sites are generally aware of the significance of their own piece of history, there should be a mechanism to recognize such sites in order to make Americans generally aware of the treasures from our past located across our nation. Just as Native American tribal reservations are a tool to preserve the history and culture of the first Americans, historic African-American sites would fulfill the same role for African Americans, whose journey to America followed a far different path than those of voluntary immigrants. The educational value of recognizing, cataloging, and advertising historic African-Americansites will increase awareness of our cultural heritage and our past, allowing us to forge a better future. Such a designation as an historic African-American site would also be a useful economic development tool to attract visitors to the community where the site is located; and

Whereas, In our own state, for example, we have the community of Idlewild in Lake County. From 1912 to the mid-1960s, this resort was a summer attraction for African American who were barred from other resorts due to official and unofficial segregation practices. Advances in integration and civil rights may have made such resorts a thing of the past, but it is a past we must remember and a past from which we may still learn much; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the United States Congress to establish a program to recognize historic African-American sites; and be it further

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

The resolution was referred to the Committee on Government Operations.

Reps. Stewart and Nofs offered the following resolution:

House Resolution No. 173.

A resolution to amend the Standing Rules of the House of Representatives.

Resolved by the House of Representatives, That Rule 31 of the Standing Rules of the House of Representatives be amended to read as follows:

"Voting by the Electronic Roll Call System.

Rule 31. (1) When taking the ayes and nays on any questions to be voted upon, the electronic roll call system may be used, and when so used shall have the same force and effect as a roll call taken as otherwise provided in these rules.

(2) When the House is ready to vote upon any questions requiring a roll call, and the vote is to be taken by the electronic roll call system, the Presiding Officer shall announce:

"The question before the House is (designating the matter to be voted upon). All in favor shall vote 'aye', all opposed shall vote 'nay'. The House will now proceed to vote."

When sufficient time has been allowed the Members to vote, A PERIOD OF TIME THAT SHALL NOT EXCEED MORE THAN 5 MINUTES, the Presiding Officer shall announce: "Have all Members voted?" After a short pause, WHICH SHALL NOT BE MORE THAN 1 MINUTE, the Presiding Officer shall say: "The Clerk shall close the board." Any Member shall be privileged to vote or change his or her vote after the board has been closed by rising and, when recognized by the Presiding Officer, announcing his or her vote before the result of the vote has been announced by the Clerk. After a sufficient time, WHICH SHALL NOT BE MORE THAN 1 MINUTE, has passed to allow late voting, the Presiding Officer shall say: "The Clerk shall tally, display, and announce the vote."

The Clerk shall immediately announce and display the result to the House. The Clerk shall enter upon the House Journal the result in the manner provided by the rules of the House.

(3) No Member shall vote for another Member, nor shall any person not a Member cast a vote for a Member. In addition to such penalties as may be prescribed by law, any Member who shall vote or attempt to vote for another Member may be punished in such manner as the House may determine. If a person not a Member shall vote or attempt to vote for any Member that person shall be barred from the floor of the House for the remainder of the session and may be further punished in such manner as the House may deem proper, in addition to such punishment as may be prescribed by law.

(4) Upon the passage of any question the vote shall be taken by the ayes and nays and entered upon the House Journalon request of one-fifth of the Members shown to be present by the House Journal entries. (See Const 1963, Art 4 § 18)"

The resolution was referred to the Committee on House Oversight, Elections, and Ethics.

Messages from the Senate

House Bill No. 4817, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 3 (MCL 125.2683), as amended by 2000 PA 259.

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.

Notices

Rep. Clack, 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. 735-761. Had I been present, I would have voted 'yea' on Roll Call Nos. 735-739, 742, 744-748, 750-755 and 757-759 and 'nay' on Roll Call Nos. 740-741, 743, 749, 756 and 760-761."

______

Associate Speaker Pro Tempore Elsenheimer assumed the Chair.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Ward moved that Rule 45 be suspended.

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

Rep. Ward moved that the Committee on Local Government and Urban Policy be discharged from further consideration of House Bill No. 5487.

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

The bill was placed on the order of Second Reading of Bills.

Messages from the Senate

House Bill No. 4508, entitled

A bill to amend 1976 PA 390, entitled "Emergency management act," by amending section 11 (MCL 30.411), as amended by 2002 PA 132.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

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

The question being on concurring in the (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 788 Yeas--107

Accavitti Emmons Leland Rocca

Acciavatti Espinoza Lemmons, III Sak

Adamini Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McConico Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Drolet Law, David Proos Zelenko

Elsenheimer Law, Kathleen Robertson

Nays--0

In The Chair: Elsenheimer

The House agreed to the full title of the bill.

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

______

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

The motion prevailed.

House Bill No. 5145, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 1l to chapter IX.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

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

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

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 789 Yeas--106

Accavitti Espinoza Lemmons, III Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Cheeks Hune Palmer Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

Cushingberry Kolb Pearce Wenke

DeRoche Kooiman Plakas Whitmer

Dillon LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons Leland

Nays--0

In The Chair: Elsenheimer

The House agreed to the full title of the bill.

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

______

Rep. Donigan, 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. 789. Had I been present, I would have voted 'yea'."

House Bill No. 5270, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 233, 234, 235, and 329 (MCL 750.233, 750.234, 750.235, and 750.329).

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1931 PA 328, entitled "An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 233, 234, 234a, 234b, 235, and 329 (MCL 750.233, 750.234, 750.234a, 750.234b, 750.235, and 750.329), section 234a as amended by 1996 PA 163 and section 234b as amended by 1992 PA 218.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

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

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

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 790 Yeas--107

Accavitti Emmons Leland Rocca

Acciavatti Espinoza Lemmons, III Sak

Adamini Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McConico Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Drolet Law, David Proos Zelenko

Elsenheimer Law, Kathleen Robertson

Nays--0

In The Chair: Elsenheimer

The House agreed to the title as amended.

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

______

Associate Speaker Pro Tempore Caswell resumed the Chair.

House Bill No. 4818, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

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

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

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

The motion prevailed.

House Bill No. 5353, entitled

A bill to amend 1950 (Ex Sess) PA 27, entitled "Motor vehicle sales finance act," (MCL 492.101 to 492.141) by adding section 13a.

The Senate has amended the bill as follows:

1. Amend page 1, line 3, after "ANY" by striking out the balance of the line through "CONTRACT" on line 4 and inserting "INDEBTEDNESS".

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.

Rep. Ward moved that Rule 45 be suspended.

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

The question being on concurring in the amendment made to the bill by the Senate,

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

The motion prevailed.

House Bill No. 5397, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 34 and 35 (MCL 28.734 and 28.735), section 34 as added by 2005 PA 127 and section 35 as added by 2005 PA 121.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1994 PA 295, entitled "An act to require persons convicted of certain offenses to register; to prescribe the powers and duties of certain departments and agencies in connection with that registration; and to prescribe fees, penalties, and sanctions," by amending sections 5a, 34, and 35 (MCL 28.725a, 28.734, and 28.735), section 5a as amended by 2004 PA 240, section 34 as added by 2005 PA 127, and section 35 as added by 2005 PA 121.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

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

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

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 529, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 6 and 7 (MCL 207.776 and 207.777).

The bill was read a second time.

Rep. Ward moved to amend the bill as follows:

1. Amend page 2, following line 17, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4546 of the 93rd Legislature is enacted into law.".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Pending the Third Reading of

Senate Bill No. 529, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 6 and 7 (MCL 207.776 and 207.777).

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 530, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 2, 3, 4, 8, 10, 11, 12, and 13 (MCL 207.772, 207.773, 207.774, 207.778, 207.780, 207.781, 207.782, and 207.783), sections 2, 3, and 12 as amended by 2004 PA 396, section 4 as amended by 2004 PA 566, and sections 10 and 11 as amended by 2001 PA 217.

The bill was read a second time.

Rep. Ward moved to amend the bill as follows:

1. Amend page 16, following line 15, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4646 of the 93rd Legislature is enacted into law.".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Pending the Third Reading of

Senate Bill No. 530, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 2, 3, 4, 8, 10, 11, 12, and 13 (MCL 207.772, 207.773, 207.774, 207.778, 207.780, 207.781, 207.782, and 207.783), sections 2, 3, and 12 as amended by 2004 PA 396, section 4 as amended by 2004 PA 566, and sections 10 and 11 as amended by 2001 PA 217.

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

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

Second Reading of Bills

Senate Bill No. 530, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 2, 3, 4, 8, 10, 11, 12, and 13 (MCL 207.772, 207.773, 207.774, 207.778, 207.780, 207.781, 207.782, and 207.783), sections 2, 3, and 12 as amended by 2004 PA 396, section 4 as amended by 2004 PA 566, and sections 10 and 11 as amended by 2001 PA 217.

Rep. Ward moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Ward.

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

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

The amendment was not adopted, a majority of the members serving not voting therefor.

______

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

The motion prevailed.

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

The motion prevailed.

Rep. Phillips entered the House Chambers.

Rep. Ward moved to amend the bill as follows:

1. Amend page 16, following line 15, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4546 of the 93rd Legislature is enacted into law.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 791 Yeas--56

Acciavatti Gosselin Meyer Rocca

Ball Green Moolenaar Schuitmaker

Baxter Hansen Moore Shaffer

Booher Hildenbrand Mortimer Sheen

Brandenburg Hoogendyk Newell Stahl

Casperson Huizenga Nitz Stakoe

Caswell Hummel Nofs Steil

Caul Hune Palmer Stewart

DeRoche Jones Palsrok Taub

Elsenheimer Kahn Pastor Van Regenmorter

Emmons Kooiman Pavlov Vander Veen

Farhat LaJoy Pearce Walker

Gaffney Law, David Proos Ward

Garfield Marleau Robertson Wenke

Nays--50

Accavitti Cushingberry Leland Polidori

Adamini Dillon Lemmons, III Sak

Anderson Donigan Lemmons, Jr. Sheltrown

Angerer Espinoza Lipsey Smith, Alma

Bennett Farrah Mayes Smith, Virgil

Bieda Gillard McConico Spade

Brown Gleason McDowell Vagnozzi

Byrnes Gonzales Meisner Waters

Byrum Hood Miller Whitmer

Cheeks Hopgood Murphy Williams

Clack Hunter Phillips Wojno

Clemente Kolb Plakas Zelenko

Condino Law, Kathleen

In The Chair: Caswell

______

Rep. Bieda, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' on the amendment to tie-bar House Bill 4546 to Senate Bill 530 because House Bill 4546 has no logical connection to neighborhood enterprise zones, and because amending Senate Bill 530 in such a manner will only delay an important piece of legislation for our state's urban areas. House Bill 4546 presents some interesting, and complex issues of its own, and should be considered on that basis. Thus I voted 'no' on the tie-bar amendment."

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 530, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 2, 3, 4, 8, 10, 11, 12, and 13 (MCL 207.772, 207.773, 207.774, 207.778, 207.780, 207.781, 207.782, and 207.783), sections 2, 3, and 12 as amended by 2004 PA 396, section 4 as amended by 2004 PA 566, and sections 10 and 11 as amended by 2001 PA 217.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The House returned to the consideration of

House Bill No. 5353, entitled

A bill to amend 1950 (Ex Sess) PA 27, entitled "Motor vehicle sales finance act," (MCL 492.101 to 492.141) by adding section 13a.

(The bill was considered earlier today, see today's Journal p. 2525.)

The question being on concurring in the amendment made to the bill by the Senate,

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

Roll Call No. 792 Yeas--107

Accavitti Espinoza Lemmons, III Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Cheeks Hune Palmer Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

Cushingberry Kolb Pearce Wenke

DeRoche Kooiman Phillips Whitmer

Dillon LaJoy Plakas Williams

Donigan Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons Leland Robertson

Nays--0

In The Chair: Caswell

The House agreed to the full title of the bill.

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

______

Rep. Pastor moved that Reps. DeRoche and Huizenga be excused temporarily from today's session.

The motion prevailed.

The House returned to the consideration of

House Bill No. 5397, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 34 and 35 (MCL 28.734 and 28.735), section 34 as added by 2005 PA 127 and section 35 as added by 2005 PA 121.

(The bill was considered earlier today, see today's Journal p. 2525.)

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

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 793 Yeas--106

Accavitti Espinoza Lemmons, Jr. Rocca

Acciavatti Farhat Lipsey Sak

Adamini Farrah Marleau Schuitmaker

Anderson Gaffney Mayes Shaffer

Angerer Garfield McConico Sheen

Ball Gillard McDowell Sheltrown

Baxter Gleason Meisner Smith, Alma

Bennett Gonzales Meyer Smith, Virgil

Bieda Gosselin Miller Spade

Booher Green Moolenaar Stahl

Brandenburg Hansen Moore Stakoe

Brown Hildenbrand Mortimer Steil

Byrnes Hood Murphy Stewart

Byrum Hoogendyk Newell Taub

Casperson Hopgood Nitz Tobocman

Caswell Hummel Nofs Vagnozzi

Caul Hune Palmer Van Regenmorter

Cheeks Hunter Palsrok Vander Veen

Clack Jones Pastor Walker

Clemente Kahn Pavlov Ward

Condino Kolb Pearce Waters

Cushingberry Kooiman Phillips Wenke

Dillon LaJoy Plakas Whitmer

Donigan Law, David Polidori Williams

Drolet Law, Kathleen Proos Wojno

Elsenheimer Leland Robertson Zelenko

Emmons Lemmons, III

Nays--0

In The Chair: Caswell

The House agreed to the title as amended.

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

The House returned to the consideration of

House Bill No. 4818, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.

(The bill was considered earlier today, see today's Journal p. 2524.)

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

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

Roll Call No. 794 Yeas--107

Accavitti Espinoza Lemmons, III Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Cheeks Hune Palmer Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

Cushingberry Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons Leland Robertson

Nays--0

In The Chair: Caswell

The House agreed to the full title of the bill.

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

Second Reading of Bills

Senate Bill No. 341, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8395 (MCL 600.8395).

The bill was read a second time.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 341, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8395 (MCL 600.8395).

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

Roll Call No. 795 Yeas--103

Accavitti Espinoza Lipsey Sak

Acciavatti Farhat Marleau Schuitmaker

Adamini Farrah Mayes Shaffer

Anderson Gaffney McConico Sheen

Angerer Gillard McDowell Sheltrown

Ball Gleason Meisner Smith, Alma

Baxter Gonzales Meyer Smith, Virgil

Bennett Green Miller Spade

Bieda Hansen Moolenaar Stahl

Booher Hildenbrand Moore Stakoe

Brandenburg Hood Mortimer Steil

Brown Hopgood Murphy Stewart

Byrnes Huizenga Newell Taub

Byrum Hummel Nitz Tobocman

Casperson Hune Nofs Vagnozzi

Caswell Hunter Palmer Van Regenmorter

Caul Jones Palsrok Vander Veen

Cheeks Kahn Pastor Walker

Clack Kolb Pavlov Ward

Clemente Kooiman Pearce Waters

Condino LaJoy Phillips Wenke

Cushingberry Law, David Plakas Whitmer

Dillon Law, Kathleen Polidori Williams

Donigan Leland Proos Wojno

Elsenheimer Lemmons, III Robertson Zelenko

Emmons Lemmons, Jr. Rocca

Nays--4

Drolet Garfield Gosselin Hoogendyk

In The Chair: Caswell

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

"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,"

The House agreed to the full title.

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

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

______

The Speaker Pro Tempore assumed the Chair.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Ward moved that Rule 45 be suspended.

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

Rep. Ward moved that the Committee on Transportation be discharged from further consideration of House Bill No. 4853.

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

The bill was placed on the order of Second Reading of Bills.

Second Reading of Bills

The House returned to the consideration of

House Bill No. 5198, entitled

A bill to amend 1846 RS 84, entitled "Of divorce," by amending section 18 (MCL 552.18), as amended by 1991 PA 86.

(The bill was considered earlier today, see today's Journal, p. 2515.)

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5198, entitled

A bill to amend 1846 RS 84, entitled "Of divorce," by amending section 18 (MCL 552.18), as amended by 1991 PA 86.

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

Roll Call No. 796 Yeas--108

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

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 1909 PA 259, entitled "An act to provide that judgments of divorce and judgments of separate maintenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated contributions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof," by amending section 1 (MCL 552.101), as amended by 1985 PA 42.

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, Anderson, Stewart, Phillips, Zelenko, Kolb, Vander Veen, Williams, Tobocman, Farrah, Pastor, LaJoy, Hopgood, Kathleen Law, Brandenburg, Wojno, Clack, DeRoche, Gleason, Shaffer, Nofs, Ward, Sak, Nitz, Moolenaar, Gillard, Casperson, Dillon, Booher, Byrnes, Caul, Clemente, Cushingberry, Espinoza, Gonzales, Jones, Leland, Lemmons, III, Lemmons, Jr., Marleau, McDowell, Mortimer, Pavlov, Polidori, Proos, Sheltrown and Alma Smith were named co-sponsors of the bill.

The House returned to the consideration of

Senate Bill No. 529, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 6 and 7 (MCL 207.776 and 207.777).

(The bill was considered earlier today, see today's Journal p. 2525.)

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

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

Second Reading of Bills

Senate Bill No. 529, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 6 and 7 (MCL 207.776 and 207.777).

Rep. Ward moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Ward.

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

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

Rep. Ward withdrew the amendment.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 529, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 6 and 7 (MCL 207.776 and 207.777).

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

The House returned to the consideration of

Senate Bill No. 530, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 2, 3, 4, 8, 10, 11, 12, and 13 (MCL 207.772, 207.773, 207.774, 207.778, 207.780, 207.781, 207.782, and 207.783), sections 2, 3, and 12 as amended by 2004 PA 396, section 4 as amended by 2004 PA 566, and sections 10 and 11 as amended by 2001 PA 217.

(The bill was considered earlier today, see today's Journal, p. 2526.)

The question being on the passage of the bill,

Rep. Ward moved that Rule 67 be suspended.

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

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

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

Second Reading of Bills

Senate Bill No. 530, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 2, 3, 4, 8, 10, 11, 12, and 13 (MCL 207.772, 207.773, 207.774, 207.778, 207.780, 207.781, 207.782, and 207.783), sections 2, 3, and 12 as amended by 2004 PA 396, section 4 as amended by 2004 PA 566, and sections 10 and 11 as amended by 2001 PA 217.

Rep. Ward moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Ward.

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

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

Rep. Ward withdrew the amendment.

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

The motion prevailed.

Quorum Call

Rep. Farhat 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. 797 Yeas--107

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Phillips Williams

Donigan LaJoy Plakas Wojno

Drolet Law, David Polidori Zelenko

Elsenheimer Law, Kathleen Proos

In The Chair: Kooiman

______

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Ward moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 634.

The motion prevailed.

______

Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5438, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 14i, 57a, and 57f (MCL 400.14i, 400.57a, and 400.57f), section 14i as amended by 2004 PA 571, section 57a as amended by 1999 PA 26, and section 57f as amended by 2001 PA 280, and by adding section 57p.

(The bill was received from the Senate on December 8, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 107, p. 2493.)

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

Rep. Kooiman moved to substitute (H-2) the Senate substitute (S-1).

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

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

Rep. Mortimer moved to amend the Senate substitute (S-1), as substituted (H-2), as follows:

1. Amend page 1, line 2, after "after" by striking out "December 31, 2010" and inserting "SEPTEMBER 30, 2009".

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

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

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 798 Yeas--63

Acciavatti Gaffney Mayes Schuitmaker

Angerer Garfield Meyer Shaffer

Ball Gosselin Moolenaar Sheen

Baxter Green Moore Sheltrown

Booher Hansen Mortimer Spade

Brandenburg Hildenbrand Newell Stahl

Byrnes Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

Dillon Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Espinoza Law, David Robertson Wenke

Farhat Marleau Rocca

Nays--44

Accavitti Cushingberry Leland Polidori

Adamini Donigan Lemmons, III Sak

Anderson Farrah Lemmons, Jr. Smith, Alma

Bennett Gillard Lipsey Smith, Virgil

Bieda Gleason McConico Tobocman

Brown Gonzales McDowell Vagnozzi

Byrum Hood Meisner Waters

Cheeks Hopgood Miller Whitmer

Clack Hunter Murphy Williams

Clemente Kolb Phillips Wojno

Condino Law, Kathleen Plakas Zelenko

In The Chair: Caswell

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

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

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 14i, 57, 57a, and 57e (MCL 400.14i, 400.57, 400.57a, and 400.57e), section 14i as amended by 2004 PA 571, section 57 as added by 1995 PA 223, section 57a as amended by 1999 PA 26, and section 57e as amended by 2001 PA 280, and by adding section 57w.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Lemmons, III, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' for HB 5438 (H-2) because it would impose a 48-month lifetime limit to welfare benefits, with no consideration of an individual recipient's circumstances, even if a recipient were in full compliance with all requirements. Currently, there is no time limit in Michigan for receiving benefits, as long as recipients meet all eligibility requirements. While most states impose time limits of some kind, all states that impose time limits also allow for a t least some exemptions that 'stop the clock' or extensions to increase the number of months of assistance to families. Time limits should only be enacted in Michigan if exceptions and/or extensions are also provided in order to ensure that recipients who are doing everything required of them, yet are still unable to earn wages due to barriers or other circumstances beyond their control, are not cut off from cash assistance benefits."

The Speaker laid before the House

House Bill No. 5441, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57g (MCL 400.57g), as amended by 2001 PA 280.

(The bill was received from the Senate on December 8, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 107, p. 2493.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Kooiman moved to substitute (H-3) the Senate substitute (S-2).

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Kooiman moved to amend the Senate substitute (S-2), as substituted (H-3), as follows:

1. Amend page 5, following line 11, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5439 of the 93rd Legislature is enacted into law.".

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

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Kooiman moved to amend the Senate substitute (S-2), as substituted (H-3), as follows:

1. Amend page 3, line 2, after "terminated." by striking out the balance of the subdivision.

2. Amend page 4, line 16, by striking out all of subsections (7) and (8) and inserting:

"(7) THE DEPARTMENT SHALL IMPLEMENT A SCHEDULE OF SANCTIONS FOR INSTANCES OF NONCOMPLIANCE AS DESCRIBED IN THIS SUBSECTION. AFTER TERMINATION OF FAMILY INDEPENDENCE PROGRAM ASSISTANCE THE PENALTY SHALL BE AS FOLLOWS:

(A) FOR THE FIRST INSTANCE OF NONCOMPLIANCE, THE RECIPIENT IS INELIGIBLE FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE FOR NOT LESS THAN 3 CALENDAR MONTHS.

(B) FOR THE SECOND INSTANCE OF NONCOMPLIANCE, THE RECIPIENT IS INELIGIBLE FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE FOR NOT LESS THAN 3 CALENDAR MONTHS.

(C) FOR A THIRD INSTANCE OF NONCOMPLIANCE IN A 24-MONTH PERIOD, THE RECIPIENT IS INELIGIBLE FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE FOR NOT LESS THAN 24CALENDAR MONTHS.

(8) FOR ALL INSTANCES OF NONCOMPLIANCE RESULTING IN TERMINATION OF FAMILY INDEPENDENCE ASSISTANCE FOR ANY PERIOD OF TIME, BOTH OF THE FOLLOWING APPLY:

(A) FAMILY INDEPENDENCE PROGRAM ASSISTANCE MAY BE APPROVED TO BEGIN AT THE CONCLUSION OF THE SANCTION PERIOD IF THE RECIPIENT ATTENDS A JOINT MEETING WITH HIS OR HER FAMILY INDEPENDENCE SPECIALIST CASEWORKER AND A WORK FIRST PROGRAM CASEWORKER AND THE FAMILY SELF-SUFFICIENCY PLAN IS REVIEWED, MODIFIED AS NECESSARY, AND APPROVED BY THE FAMILY INDEPENDENCE SPECIALIST CASEWORKER AND THE WORK FIRST PROGRAM CASEWORKER. THE REEVALUATION REQUIRED UNDER THIS SUBDIVISION SHALL INCLUDE A DISCUSSION AND OFFICIAL WARNING REGARDING SANCTIONS THAT MAY BE IMPOSED FOR FUTURE INSTANCES OF NONCOMPLIANCE.

(B) THE PERIOD OF TIME THE RECIPIENT IS INELIGIBLE TO RECEIVE FAMILY INDEPENDENCE PROGRAM ASSISTANCE APPLIES TOWARD THE RECIPIENT'S 48-MONTH CUMULATIVE LIFETIME TOTAL.".

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

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 799 Yeas--62

Acciavatti Garfield Meyer Schuitmaker

Angerer Gosselin Moolenaar Shaffer

Ball Green Moore Sheen

Baxter Hansen Mortimer Sheltrown

Booher Hildenbrand Newell Spade

Brandenburg Hoogendyk Nitz Stahl

Byrnes Huizenga Nofs Stakoe

Casperson Hummel Palmer Steil

Caswell Hune Palsrok Stewart

Caul Jones Pastor Taub

DeRoche Kahn Pavlov Van Regenmorter

Drolet Kooiman Pearce Vander Veen

Elsenheimer LaJoy Proos Walker

Emmons Law, David Robertson Ward

Farhat Marleau Rocca Wenke

Gaffney McDowell

Nays--46

Accavitti Dillon Leland Polidori

Adamini Donigan Lemmons, III Sak

Anderson Espinoza Lemmons, Jr. Smith, Alma

Bennett Farrah Lipsey Smith, Virgil

Bieda Gillard Mayes Tobocman

Brown Gleason McConico Vagnozzi

Byrum Gonzales Meisner Waters

Cheeks Hood Miller Whitmer

Clack Hopgood Murphy Williams

Clemente Hunter Phillips Wojno

Condino Kolb Plakas Zelenko

Cushingberry Law, Kathleen

In The Chair: Caswell

The House agreed to the full title of the bill.

______

Rep. Lemmons, III, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' on HB 5441 (H-3) because it would create 'three strikes and you're out' penalties, which would terminatebenefits to recipients for up to 30 months for 'noncompliance' with program requirements, without sufficient consideration for the circumstances of noncompliance. Noncompliance with requirements can result from circumstances which are beyond a recipient's control, such as an instance of missing work because of a transportation problem or a sick child. While stricter sanctions may have a desirable impact on recipients who are intentionally abusing the system, recipients deserve to have a determination of the circumstances for any noncompliance before their benefits are terminated."

The Speaker laid before the House

House Bill No. 5440, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57q.

(The bill was received from the Senate on December 8, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 107, p. 2493.)

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

Rep. Kooiman moved to substitute (H-2) the Senate substitute (S-1).

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

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

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 800 Yeas--63

Acciavatti Gaffney McDowell Schuitmaker

Angerer Garfield Meyer Shaffer

Ball Gosselin Moolenaar Sheen

Baxter Green Moore Sheltrown

Booher Hansen Mortimer Spade

Brandenburg Hildenbrand Newell Stahl

Casperson Hoogendyk Nitz Stakoe

Caswell Huizenga Nofs Steil

Caul Hummel Palmer Stewart

DeRoche Hune Palsrok Taub

Dillon Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Espinoza Law, David Robertson Wenke

Farhat Marleau Rocca

Nays--45

Accavitti Cushingberry Leland Polidori

Adamini Donigan Lemmons, III Sak

Anderson Farrah Lemmons, Jr. Smith, Alma

Bennett Gillard Lipsey Smith, Virgil

Bieda Gleason Mayes Tobocman

Brown Gonzales McConico Vagnozzi

Byrnes Hood Meisner Waters

Byrum Hopgood Miller Whitmer

Cheeks Hunter Murphy Williams

Clack Kolb Phillips Wojno

Clemente Law, Kathleen Plakas Zelenko

Condino

In The Chair: Caswell

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

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

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57p.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Lemmons, III, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' for HB 5440 (H-2) because it is fundamentally unfair to include assistance an applicant for benefits in Michigan received in other states of residence prior to coming to Michigan, toward the recipient's 48-month lifetime limit to benefits. Benefits received in other states are not necessarily equivalent to Michigan's benefits, and a new applicant for benefits would not be assured the resources for training and education intended to help them overcome barriers to employment and become self-sufficient."

The Speaker laid before the House

House Bill No. 5439, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57b (MCL 400.57b), as amended by 1999 PA 9.

(The bill was received from the Senate on December 8, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 107, p. 2493.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Kooiman moved to substitute (H-2) the Senate substitute (S-2).

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

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Kooiman moved to amend the Senate substitute (S-2), as substituted (H-2), as follows:

1. Amend page 4, following line 24, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5441 of the 93rd Legislature is enacted into law.".

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

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 801 Yeas--60

Acciavatti Garfield McDowell Rocca

Ball Gosselin Meyer Schuitmaker

Baxter Green Moolenaar Shaffer

Booher Hansen Moore Sheen

Brandenburg Hildenbrand Mortimer Sheltrown

Casperson Hoogendyk Newell Stahl

Caswell Huizenga Nitz Stakoe

Caul Hummel Nofs Steil

DeRoche Hune Palmer Stewart

Dillon Jones Palsrok Taub

Drolet Kahn Pastor Van Regenmorter

Elsenheimer Kooiman Pavlov Vander Veen

Emmons LaJoy Pearce Walker

Farhat Law, David Proos Ward

Gaffney Marleau Robertson Wenke

Nays--48

Accavitti Condino Law, Kathleen Polidori

Adamini Cushingberry Leland Sak

Anderson Donigan Lemmons, III Smith, Alma

Angerer Espinoza Lemmons, Jr. Smith, Virgil

Bennett Farrah Lipsey Spade

Bieda Gillard Mayes Tobocman

Brown Gleason McConico Vagnozzi

Byrnes Gonzales Meisner Waters

Byrum Hood Miller Whitmer

Cheeks Hopgood Murphy Williams

Clack Hunter Phillips Wojno

Clemente Kolb Plakas Zelenko

In The Chair: Caswell

The House agreed to the full title of the bill.

______

Rep. Lemmons, III, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' for HB 5439 (H-2) because it restructures the payment standards for cash assistance, lowering the amount of assistance to some recipients, and because it is tie-barred to HB 5441 (H-3), which creates punitive sanctions that could terminate benefits to recipients for up to 30 months, and count toward a 48-month lifetime limit to benefits, for noncompliance that may be outside of a recipient's control."

The Speaker laid before the House

House Bill No. 5442, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57o.

(The bill was received from the Senate on December 8, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 107, p. 2493.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Kooiman moved to substitute (H-2) the Senate substitute (S-2).

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

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 802 Yeas--100

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McDowell Sheltrown

Bennett Gleason Meisner Smith, Alma

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hoogendyk Newell Taub

Casperson Hopgood Nitz Tobocman

Caswell Huizenga Nofs Vagnozzi

Caul Hummel Palmer Van Regenmorter

Clemente Hune Palsrok Vander Veen

Condino Jones Pastor Walker

Cushingberry Kahn Pavlov Ward

DeRoche Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Nays--8

Cheeks Hood McConico Smith, Virgil

Clack Hunter Murphy Waters

In The Chair: Caswell

The House agreed to the full title of the bill.

Senate Bill No. 892, entitled

A bill to amend 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," by amending section 57f (MCL 400.57f), as amended by 2001 PA 280, and by adding sections 57s, 57t, 57u, and 57v.

The Senate has substituted (S-2) the House substitute (H-1).

The Senate has concurred in the House substitute (H-1) as substituted (S-2) and agreed to the title of the bill as amended.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

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

The question being on concurring in the substitute (S-2) to the House substitute (H-1) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 803 Yeas--69

Accavitti Farhat Mayes Sak

Acciavatti Gaffney McDowell Schuitmaker

Angerer Garfield Meyer Shaffer

Ball Gosselin Moolenaar Sheen

Baxter Green Moore Sheltrown

Booher Hansen Mortimer Spade

Brandenburg Hildenbrand Newell Stahl

Byrnes Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

Clemente Jones Pastor Van Regenmorter

DeRoche Kahn Pavlov Vander Veen

Dillon Kooiman Pearce Walker

Drolet LaJoy Proos Ward

Elsenheimer Law, David Robertson Wenke

Emmons Marleau Rocca Wojno

Espinoza

Nays--39

Adamini Donigan Leland Polidori

Anderson Farrah Lemmons, III Smith, Alma

Bennett Gillard Lemmons, Jr. Smith, Virgil

Bieda Gleason Lipsey Tobocman

Brown Gonzales McConico Vagnozzi

Byrum Hood Meisner Waters

Cheeks Hopgood Miller Whitmer

Clack Hunter Murphy Williams

Condino Kolb Phillips Zelenko

Cushingberry Law, Kathleen Plakas

In The Chair: Caswell

______

Rep. Lemmons, III, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' for SB 892 (S-2) because it is tie-barred to HB 5438 (H-2), which would impose a 48-month lifetime limit to welfare benefits, with no consideration of an individual recipient's circumstances, even if a recipient were in full compliance with all requirements. Currently, there is no time limit in Michigan for receiving benefits, as long as recipients meet all eligibility requirements. While most states impose time limits of some kind, all states that impose time limits also allow for at least some exemptions that 'stop the clock' or extensions to increase the number of months of assistance to families. Time limits should only be enacted in Michigan if exceptions and/or extensions are also provided in order to ensure that recipients who are doing everything required of them, yet are still unable to earn wages due to barriers or other circumstances beyond their control, are not cut off from cash assistance benefits."

______

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

The motion prevailed.

Senate Bill No. 893, entitled

A bill to amend 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," (MCL 400.1 to 400.119b) by adding sections 57q and 57r.

The Senate has substituted (S-2) the House substitute (H-1).

The Senate has concurred in the House substitute (H-1) as substituted (S-2), ordered that the bill be given immediate effect and agreed to the title as amended.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

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

The question being on concurring in the substitute (S-2) to the House substitute (H-1) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 804 Yeas--69

Accavitti Farhat Mayes Rocca

Acciavatti Gaffney McDowell Sak

Angerer Garfield Meyer Schuitmaker

Ball Gosselin Moolenaar Shaffer

Baxter Green Moore Sheen

Booher Hansen Mortimer Sheltrown

Brandenburg Hildenbrand Newell Spade

Byrnes Hoogendyk Nitz Stahl

Byrum Huizenga Nofs Stakoe

Casperson Hummel Palmer Steil

Caswell Hune Palsrok Stewart

Caul Jones Pastor Taub

DeRoche Kahn Pavlov Van Regenmorter

Dillon Kooiman Pearce Vander Veen

Drolet LaJoy Phillips Walker

Elsenheimer Law, David Proos Ward

Emmons Marleau Robertson Wenke

Espinoza

Nays--38

Anderson Farrah Lemmons, III Smith, Alma

Bennett Gillard Lemmons, Jr. Smith, Virgil

Bieda Gleason Lipsey Tobocman

Brown Gonzales McConico Vagnozzi

Cheeks Hood Meisner Waters

Clack Hopgood Miller Whitmer

Clemente Hunter Murphy Williams

Condino Kolb Plakas Wojno

Cushingberry Law, Kathleen Polidori Zelenko

Donigan Leland

In The Chair: Caswell

______

Rep. Lemmons, III, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' for SB 893 (S-2) because providing information to recipient's whose benefits may be terminated about other resources which may exist will do very little in these hard economic times to help a family with no income or resources put food on their table or pay their rent."

Senate Bill No. 894, entitled

A bill to amend 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," by amending section 57d (MCL 400.57d), as amended by 2001 PA 280.

The Senate has substituted (S-2) the House substitute (H-1).

The Senate has concurred in the House substitute (H-1) as substituted (S-2), ordered that the bill be given immediate effect and agreed to the title as amended.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

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

The question being on concurring in the substitute (S-2) to the House substitute (H-1) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 805 Yeas--68

Accavitti Farhat Mayes Sak

Acciavatti Gaffney McDowell Schuitmaker

Angerer Garfield Meyer Shaffer

Ball Gosselin Moolenaar Sheen

Baxter Green Moore Sheltrown

Booher Hansen Mortimer Spade

Brandenburg Hildenbrand Newell Stahl

Byrnes Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Dillon Kahn Pavlov Vander Veen

Drolet Kooiman Pearce Walker

Elsenheimer LaJoy Proos Ward

Emmons Law, David Robertson Wenke

Espinoza Marleau Rocca Wojno

Nays--40

Adamini Cushingberry Law, Kathleen Plakas

Anderson Donigan Leland Polidori

Bennett Farrah Lemmons, III Smith, Alma

Bieda Gillard Lemmons, Jr. Smith, Virgil

Brown Gleason Lipsey Tobocman

Byrum Gonzales McConico Vagnozzi

Cheeks Hood Meisner Waters

Clack Hopgood Miller Whitmer

Clemente Hunter Murphy Williams

Condino Kolb Phillips Zelenko

In The Chair: Caswell

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Ward moved to vacate the enrollment of House Bill No. 5397.

The motion prevailed.

Messages from the Senate

House Bill No. 5397, entitled

A bill to amend 1994 PA 295, entitled "An act to require persons convicted of certain offenses to register; to prescribe the powers and duties of certain departments and agencies in connection with that registration; and to prescribe fees, penalties, and sanctions," by amending sections 5a, 34, and 35 (MCL 28.725a, 28.734, and 28.735), section 5a as amended by 2004 PA 240, section 34 as added by 2005 PA 127, and section 35 as added by 2005 PA 121.

(The bill was enrolled earlier today, see today's Journal, p. 2529.)

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

The motion prevailed.

Second Reading of Bills

House Bill No. 5487, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding sections 7jj and 9k.

The bill was read a second time.

Rep. Hune moved to substitute (H-2) the bill.

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

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5487, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding sections 7jj and 9k.

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

Roll Call No. 806 Yeas--70

Accavitti Gaffney Law, David Proos

Acciavatti Garfield Law, Kathleen Robertson

Ball Gillard Leland Rocca

Baxter Gosselin Lemmons, III Schuitmaker

Booher Green Lipsey Shaffer

Brandenburg Hansen Marleau Sheen

Brown Hildenbrand Meyer Smith, Virgil

Casperson Hood Moolenaar Stahl

Caswell Hoogendyk Moore Steil

Caul Hopgood Mortimer Stewart

Cheeks Hummel Newell Taub

DeRoche Hune Nitz Tobocman

Dillon Hunter Nofs Van Regenmorter

Drolet Jones Palmer Vander Veen

Elsenheimer Kahn Palsrok Walker

Emmons Kolb Pastor Ward

Farhat Kooiman Pavlov Wenke

Farrah LaJoy

Nays--37

Adamini Cushingberry Meisner Smith, Alma

Anderson Donigan Miller Spade

Angerer Espinoza Murphy Stakoe

Bennett Gleason Pearce Vagnozzi

Bieda Gonzales Phillips Waters

Byrnes Lemmons, Jr. Plakas Whitmer

Byrum Mayes Polidori Williams

Clack McConico Sak Wojno

Clemente McDowell Sheltrown Zelenko

Condino

In The Chair: Caswell

The House agreed to the title of the bill.

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

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

______

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 House Bill 5487 (H-2) for a number of reasons. First of all, it circumvents the judicial system with a special interest bill literally rushed through the legislature without the benefit of a committee hearing. The bill was introduced on December 7, and discharged from committee without a hearing -- all within a couple of days. Dear colleagues, this is not the way to discharge our duties as legislators. If there was a committee hearing, testimony would have been presented that the underlying case went before the Michigan Tax Tribunal twice, as well as the Court of Appeals. In all three cases, the courts found that the Howell-based supporting housing unit didn't meet the definition of a charitable entity. Yet this legislature, in perhaps one of the clearest examples of 'its not what you know but who you know,' has decided that special interest tax fixes can be rushed through the legislative process. If enacted, this would set a terrible precedent of overriding local control. I don't believe that it is good policy for the legislature to enact special fixes every time a constituent receives an unfavorable decision from its local unit of government -- especially when the legislation only benefits the one tax payer. Because of these concerns, I voted 'no' on House Bill5487."

Second Reading of Bills

Senate Bill No. 456, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 229 (MCL 436.1229), as amended by 2004 PA 407.

The bill was read a second time.

Rep. McConico moved to amend the bill as follows:

1. Amend page 2, following line 10, by inserting:

"Sec. 525. (1) Except as otherwise provided for in this section, the following license AND PERMIT fees shall be paid at the time of filing LICENSE, PERMIT, OR RENEWAL applications or as otherwise provided in this act:

(a) Manufacturers of spirits, but not including makers, blenders, and rectifiers of wines containing 21% or less alcohol by volume, $1,000.00.

(b) Manufacturers of beer, $50.00 per 1,000 barrels, or fraction of a barrel, production annually with a maximum fee of $1,000.00, and in addition $50.00 for each motor vehicle used in delivery to retail licensees. A fee increase does not apply to a manufacturer of less than 15,000 barrels production per year.

(c) Outstate seller of beer, delivering or selling beer in this state, $1,000.00.

(d) Wine makers, blenders, and rectifiers of wine, including makers, blenders, and rectifiers of wines containing 21% or less alcohol by volume, $100.00. The small wine maker license fee is $25.00.

(e) Outstate seller of wine, delivering or selling wine in this state, $300.00.

(f) Outstate seller of mixed spirit drink, delivering or selling mixed spirit drink in this state, $300.00.

(g) Dining cars or other railroad or Pullman cars selling alcoholic liquor, $100.00 per train.

(h) Wholesale vendors other than manufacturers of beer, $300.00 for the first motor vehicle used in delivery to retail licensees and $50.00 for each additional motor vehicle used in delivery to retail licensees.

(i) Watercraft, licensed to carry passengers, selling alcoholic liquor, a minimum fee of $100.00 and a maximum fee of $500.00 per year computed on the basis of $1.00 per person per passenger capacity.

(j) Specially designated merchants, for selling beer or wine for consumption off the premises only but not at wholesale, $100.00 for each location regardless of the fact that the location may be a part of a system or chain of merchandising.

(k) Specially designated distributors licensed by the commission to distribute spirits and mixed spirit drink in the original package for the commission for consumption off the premises, $150.00 per year, and an additional fee of $3.00 for each $1,000.00 or major fraction of that amount in excess of $25,000.00 of the total retail value of merchandise purchased under each license from the commission during the previous calendar year.

(l) Hotels of class A selling beer and wine, a minimum fee of $250.00 and, for all bedrooms in excess of 20, $1.00 for each additional bedroom, but not more than $500.00.

(m) Hotels of class B selling beer, wine, mixed spirit drink, and spirits, a minimum fee of $600.00 and, for all bedrooms in excess of 20, $3.00 for each additional bedroom. If a hotel of class B sells beer, wine, mixed spirit drink, and spirits in more than 1 public bar, the fee entitles the hotel to sell in only 1 public bar, other than a bedroom, and a license shall be secured for each additional public bar, other than a bedroom, the fee for which is $350.00.

(n) Taverns, selling beer and wine, $250.00.

(o) Class C license selling beer, wine, mixed spirit drink, and spirits, $600.00. If a class C licensee sells beer, wine, mixed spirit drink, and spirits in more than 1 bar, a fee of $350.00 shall be paid for each additional bar. In municipally owned or supported facilities in which nonprofit organizations operate concession stands, a fee of $100.00 shall be paid for each additional bar.

(p) Clubs selling beer, wine, mixed spirit drink, and spirits, $300.00 for clubs having 150 or fewer duly accredited members and $1.00 for each additional member. The membership list for the purpose only of determining the license fees to be paid under this subdivision shall be the accredited list of members as determined by a sworn affidavit 30 days before the closing of the license year. This subdivision does not prevent the commission from checking a membership list and making its own determination from the list or otherwise. The list of members and additional members is not required of a club paying the maximum fee. The maximum fee shall not exceed $750.00 for any 1 club.

(q) Warehousers, to be fixed by the commission with a minimum fee for each warehouse of $50.00.

(r) Special licenses, a fee of $50.00 per day, except that the fee for that license or permit issued to any bona fide nonprofit association, duly organized and in continuous existence for 1 year before the filing of its application, is $25.00. Not more than 5 special licenses may be granted to any organization, including an auxiliary of the organization, in a calendar year.

(s) Airlines licensed to carry passengers in this state that sell, offer for sale, provide, or transport alcoholic liquor, $600.00.

(t) Brandy manufacturer, $100.00.

(u) Mixed spirit drink manufacturer, $100.00.

(v) Brewpub, $100.00.

(w) Class G-1, $1,000.00.

(x) Class G-2, $500.00.

(y) Motorsports event license, $250.00.

(Z) LATE NIGHT PERMIT, $1,000.00.

(AA) SUNDAY MORNING PERMIT, $500.00.

(2) The fees provided in this act for the various types of licenses shall not be prorated for a portion of the effective period of the license. Notwithstanding subsection (1), the initial license fee for any licenses issued under section 531(3) and (4) is $20,000.00. The renewal license fee shall be the amount described in subsection (1). However, the commission shall not impose the $20,000.00 initial license fee for applicants whose license eligibility was already approved on July 20, 2005.

(3) Beginning July 23, 2004, and except in the case of any resort or resort economic development license issued under section 531(2), (3), (4), and (5) and a license issued under section 521, the commission shall issue an initial or renewal license OR PERMIT not later than 90 days after the applicant files a completed application. Receipt of the application is considered the date the application is received by any agency or department of the state of Michigan. If the application is considered incomplete by the commission, the commission shall notify the applicant in writing, or make the information electronically available, within 30 days after receipt of the incomplete application, describing the deficiency and requesting the additional information. The determination of the completeness of an application does not operate as an approval of the application for the license and does not confer eligibility upon an applicant determined otherwise ineligible for issuance of a license OR PERMIT. The 90-day period is tolled under any of the following circumstances:

(a) Notice sent by the commission of a deficiency in the application until the date all of the requested information is received by the commission.

(b) The time period during which actions required by a party other than the applicant or the commission are completed that include, but are not limited to, completion of construction or renovation of the licensed premises; mandated inspections by the commission or by any state, local, or federal agency; approval by the legislative body of a local unit of government; criminal history or criminal record checks; financial or court record checks; or other actions mandated by this act or rule or as otherwise mandated by law or local ordinance.

(4) If the commission fails to issue or deny a license OR PERMIT within the time required by this section, the commission shall return the license OR PERMIT fee and shall reduce the license fee for the applicant's next renewal application, if any, by 15%. The failure to issue a license OR PERMIT within the time required under this section does not allow the commission to otherwise delay the processing of the application, and that application, upon completion, shall be placed in sequence with other completed applications received at that same time. The commission shall not discriminate against an applicant in the processing of the application based upon the fact that the license fee was refunded or discounted under this subsection.

(5) Beginning October 1, 2005, the chair of the commission shall submit a report by December 1 of each year to the standing committees and appropriations subcommittees of the senate and house of representatives concerned with liquor license issues. The chair of the commission shall include all of the following information in the report concerning the preceding fiscal year:

(a) The number of initial and renewal applications the commission received and completed within the 90-day time period described in subsection (3).

(b) The number of applications denied.

(c) The number of applicants not issued a license OR PERMIT within the 90-day time period and the amount of money returned to licensees under subsection (4).

(6) As used in this section, "completed application" means an application complete on its face and submitted with any applicable licensing OR PERMIT fees as well as any other information, records, approval, security, or similar item required by law or rule from a local unit of government, a federal agency, or a private entity but not from another department or agency of the state of Michigan.

Sec. 543. (1) Quarterly, upon recommendation of the commission, the state shall pay pursuant to appropriation in the manner prescribed by law to the city, village, or township in which a full-time police department or full-time ordinance enforcement department is maintained or, if a police department or full-time ordinance enforcement department is not maintained, to the county, to be credited to the sheriff's department of the county in which the licensed premises are located, 55% of the amount of the proceeds of the retailers' license fees and license renewal fees collected in that jurisdiction, for the specific purpose of enforcing this act and the rules promulgated under this act. Forty-one and one-half percent of the amount of the proceeds of retailers' license and license renewal fees collected shall be deposited in a special fund to be annually appropriated to the commission for carrying out the licensing and enforcement provisions of this act. Any unencumbered or uncommitted money in the special fund shall revert to the general fund of the state 12 months after the end of each fiscal year in which the funds were collected. The legislature shall appropriate 3-1/2% of the amount of the proceeds of retailers' license and license renewal fees collected to be credited to a special fund in the state treasury for the purposes of promoting and sustaining programs for the prevention, rehabilitation, care, and treatment of alcoholics. This subsection does not apply to retail license fees collected for railroad or Pullman cars, watercraft, or aircraft, or to the transfer fees provided in section 529.

(2) All license and license renewal fees, other than retail license and license renewal fees AND PERMIT FEESUNDER SECTION 525(1)(Z) AND (AA), shall be credited to the grape and wine industry council created in section 303, to be used as provided in section 303. Money credited to the grape and wine industry council shall not revert to the state general fund at the close of the fiscal year, but shall remain in the account to which it was credited to be used as provided in section 303.

(3) All retail license fees collected for railroad or Pullman cars, watercraft, or aircraft, and the transfer fees provided in section 529 shall be deposited in the special fund created in subsection (1) for carrying out the licensing and enforcement provisions of this act.

(4) The license fee enhancement imposed for licenses issued under section 531(3) and (4) shall be deposited into a special fund to be annually appropriated to the commission for enforcement and other related projects determined appropriate by the commission. The money representing that amount of the license fees for identical licenses not issued under section 531(3) and (4) shall be allocated and appropriated under subsection (1).

(5) PERMIT FEES FOR THE LATE NIGHT PERMITS AND SUNDAY MORNING PERMITS IMPOSED IN SECTION 525(1)(Z) AND (AA) SHALL BE DEPOSITED INTO THE REVOLVING FUND CREATED IN SECTION 221 FOR REALLOCATION AND APPROPRIATION AS FIRE PROTECTION GRANTS.

(6)(5) As used in this section, "license fee enhancement" means the money representing the difference between the license fee imposed for a license under section 525(1) and the additional amount imposed for resort and resort economic development licenses under section 525(2).

Sec. 1114. (1) Notwithstanding R 436.1403 and R 436.1503 of the Michigan administrative code and except as otherwise provided under this act or rule of the commission, an on-premises and an off-premises licensee shall not sell, give away, or furnish alcoholic liquor between the hours of 2 a.m. and 7 a.m. on any day and shall not sell, give away, or furnish alcoholic liquor between the hours of 2 a.m. and 12 noon, EST, on Sunday. An

(2) NOTWITHSTANDING R 436.1403 AND R 436.1503 OF THE MICHIGAN ADMINISTRATIVE CODE ANDEXCEPT AS OTHERWISE PROVIDED UNDER THIS ACT OR RULE OF THE COMMISSION, AN on-premises and an off-premises licensee shall not sell, give away, or furnish spirits between the hours of 2 a.m. and 12 midnight on Sunday, unless issued a Sunday sales permit by the commission that allows the licensee to sell spirits on Sunday between the hours of 12 noon, EST, and 12 midnight.

(3)(2) For purposes of R 436.1403 and R 436.1503 of the Michigan administrative code, 12 noon on Sunday is considered 12 noon on Sunday, EST, for any licensee located in the central time zone.

(4)(3) A reference to the time of day under this act or a rule of the commission includes daylight savings time, when observed.

(5) THIS SECTION IS SUBJECT TO ANY LATE NIGHT AND SUNDAY MORNING PERMITS ISSUED UNDER SECTIONS 1116 AND 1117.

SEC. 1116. (1) NOTWITHSTANDING R 436.1403 AND R 436.1503 OF THE MICHIGAN ADMINISTRATIVE CODE AND EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) AND THIS CHAPTER, A CLASS C LICENSEE MAY SELL OR FURNISH ALCOHOLIC LIQUOR FROM 2 A.M. UNTIL 4 A.M., EST, ON TUESDAY MORNING THROUGH SUNDAY MORNING DURING THE TIME PERIOD OF JANUARY 28 THROUGH FEBRUARY 6, 2006, IF THAT LICENSEE HOLDS A LATE NIGHT PERMIT ISSUED UNDER THIS SECTION BY THE COMMISSION.

(2) A CLASS C LICENSEE WISHING TO SELL ALCOHOLIC LIQUOR FROM 2 A.M. UNTIL 4 A.M., EST, ON TUESDAY MORNING THROUGH SUNDAY MORNING DURING THE TIME PERIOD OF JANUARY 28 THROUGH FEBRUARY 6, 2006, SHALL APPLY TO THE COMMISSION FOR A LATE NIGHT PERMIT AND PAY THE ADDITIONAL FEE DESCRIBED IN SECTION 525. THE COMMISSION SHALL ISSUE A LATE NIGHT PERMIT TO AN APPLICANT NOT PROHIBITED UNDER THE CIRCUMSTANCES DESCRIBED IN SUBSECTION (3).

(3) THE COMMISSION SHALL NOT ISSUE A LATE NIGHT PERMIT TO A RETAILER LOCATED WITHIN ANY OF THE FOLLOWING:

(A) A COUNTY, CITY, VILLAGE, OR TOWNSHIP THAT PROHIBITS THE SALE OF BEER AND WINE FOR CONSUMPTION ON AND OFF THE LICENSED PREMISES BETWEEN THE HOURS OF 2 A.M. AND 12 MIDNIGHT, EST, ON SUNDAY PURSUANT TO SECTION 1111.

(B) A COUNTY THAT HAS NOT AUTHORIZED THE SALE OF SPIRITS AND MIXED SPIRIT DRINK FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES, OR BOTH, AFTER 12 NOON, EST, ON SUNDAYS PURSUANT TO SECTION 1113.

(C) A COUNTY, CITY, VILLAGE, OR TOWNSHIP THAT HAS PASSED A RESOLUTION PROHIBITING THE ISSUANCE OF LATE NIGHT PERMITS DURING THE TIME PERIOD OF JANUARY 28 THROUGH FEBRUARY 6, 2006.

(4) A COUNTY, CITY, VILLAGE, OR TOWNSHIP MAY, BY RESOLUTION DULY PASSED, PROHIBIT THE ISSUANCE OF LATE NIGHT PERMITS DURING THE TIME PERIOD OF JANUARY 28 THROUGH FEBRUARY 6, 2006.

(5) THE ISSUANCE OF A LATE NIGHT PERMIT UNDER THIS SECTION ONLY ALLOWS THE PERMIT HOLDER TO SELL OR FURNISH THE TYPE OF ALCOHOLIC LIQUOR AUTHORIZED BY ITS LICENSE.

SEC. 1117. (1) NOTWITHSTANDING R 436.1403 AND R 436.1503 OF THE MICHIGAN ADMINISTRATIVE CODE AND EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) AND THIS CHAPTER, A CLASS C LICENSEE MAY SELL OR FURNISH ALCOHOLIC LIQUOR BETWEEN THE HOURS OF 9 A.M. AND 12 NOON, EST, ON SUNDAY JANUARY 29, 2006 AND FEBRUARY 5, 2006, IF THAT LICENSEE HOLDS A SUNDAY MORNING PERMIT ISSUED UNDER THIS SECTION BY THE COMMISSION.

(2) A CLASS C LICENSEE WISHING TO SELL ALCOHOLIC LIQUOR BETWEEN THE HOURS OF 9 A.M. AND 12 NOON, EST, ON SUNDAY JANUARY 29, 2006 AND FEBRUARY 5, 2006, SHALL APPLY TO THE COMMISSION FOR A SUNDAY MORNING PERMIT AND PAY THE ADDITIONAL FEE DESCRIBED IN SECTION 525. THE COMMISSION SHALL ISSUE A SUNDAY MORNING PERMIT TO AN APPLICANT NOT PROHIBITED UNDER THE CIRCUMSTANCES DESCRIBED IN SUBSECTION (3).

(3) THE COMMISSION SHALL NOT ISSUE A SUNDAY MORNING PERMIT TO A RETAILER LOCATED WITHIN ANY OF THE FOLLOWING:

(A) A COUNTY, CITY, VILLAGE, OR TOWNSHIP THAT PROHIBITS THE SALE OF BEER AND WINE FOR CONSUMPTION ON AND OFF THE LICENSED PREMISES BETWEEN THE HOURS OF 2 A.M. AND 12 MIDNIGHT, EST, ON SUNDAY PURSUANT TO SECTION 1111.

(B) A COUNTY THAT HAS NOT AUTHORIZED THE SALE OF SPIRITS AND MIXED SPIRIT DRINK FOR CONSUMPTION ON OR OFF THE LICENSED PREMISES, OR BOTH, AFTER 12 NOON, EST, ON SUNDAYS PURSUANT TO SECTION 1113.

(C) A COUNTY, CITY, VILLAGE, OR TOWNSHIP THAT HAS PASSED A RESOLUTION PROHIBITING THE ISSUANCE OF SUNDAY MORNING PERMITS FOR JANUARY 29, 2006 AND FEBRUARY 5, 2006.

(4) A COUNTY, CITY, VILLAGE, OR TOWNSHIP MAY, BY RESOLUTION DULY PASSED, PROHIBIT THE ISSUANCE OF SUNDAY MORNING PERMITS FOR JANUARY 29, 2006 AND FEBRUARY 5, 2006.

(5) THE ISSUANCE OF A SUNDAY MORNING PERMIT UNDER THIS SECTION ONLY ALLOWS THE PERMIT HOLDER TO SELL OR FURNISH THE TYPE OF ALCOHOLIC LIQUOR AUTHORIZED BY ITS LICENSE.".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 456, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 229 (MCL 436.1229), as amended by 2004 PA 407.

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

Roll Call No. 807 Yeas--107

Accavitti Emmons Lemmons, III Rocca

Acciavatti Espinoza Lemmons, Jr. Sak

Adamini Farhat Lipsey Schuitmaker

Anderson Farrah Marleau Shaffer

Angerer Gaffney Mayes Sheen

Ball Garfield McConico Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Cheeks Hune Palmer Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

Cushingberry Kolb Pearce Wenke

DeRoche Kooiman Phillips Whitmer

Dillon LaJoy Plakas Williams

Donigan Law, David Polidori Wojno

Drolet Law, Kathleen Proos Zelenko

Elsenheimer Leland Robertson

Nays--1

Hood

In The Chair: Caswell

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

"An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,"

The House agreed to the full title.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5480, entitled

A bill to amend 1985 PA 106, entitled "State convention facility development act," by amending section 9 (MCL 207.629), as amended by 2004 PA 386.

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.

Introduction of Bills

Reps. Schuitmaker, David Law, Wojno, Meisner, Brown, Adamini, Whitmer, Plakas, Accavitti, Hune, Gaffney, Tobocman, Alma Smith, Vander Veen, Stewart, Nofs, Donigan, Condino, Hopgood, Steil, Jones, Hansen, Lipsey, Gonzales and Leland introduced

House Bill No. 5495, entitled

A bill to amend 1846 RS 84, entitled "Of divorce," by amending section 6 (MCL 552.6).

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

Reps. Byrnes, David Law, Wojno, Meisner, Brown, Adamini, Whitmer, Plakas, Accavitti, Hune, Gaffney, Tobocman, Alma Smith, Vander Veen, Stewart, Nofs, Donigan, Condino, Hopgood, Steil, Jones, Hansen, Lipsey, Gonzales and Leland introduced

House Bill No. 5496, entitled

A bill to amend 1846 RS 84, entitled "Of divorce," by amending section 9f (MCL 552.9f).

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

Rep. Hune introduced

House Bill No. 5497, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1204c (MCL 500.1204c), as amended by 2005 PA 247.

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

Rep. Kolb introduced

House Bill No. 5498, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending section 20 (MCL 431.320), as amended by 2000 PA 471.

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

Rep. Kolb introduced

House Bill No. 5499, entitled

A bill to amend 1982 PA 325, entitled "An act to authorize county sheriffs to declare a county jail overcrowding state of emergency; to prescribe the powers and duties of certain judges, county sheriffs, and other county officials; and to provide remedies for a county jail overcrowding state of emergency," by amending section 1 (MCL 801.51).

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

Rep. Kolb introduced

House Bill No. 5500, entitled

A bill to amend 1846 RS 13, entitled "Of counties," by amending section 16 (MCL 45.16).

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

Rep. Kolb introduced

House Bill No. 5501, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending sections 62, 62b, and 62c (MCL 791.262, 791.262b, and 791.262c), section 62 as amended by 1987 PA 251, section 62b as amended by 2000 PA 211, and section 62c as amended by 1988 PA 293.

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

Rep. Kolb introduced

House Bill No. 5502, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 25 (MCL 205.75), as amended by 2004 PA 544.

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

Reps. Accavitti, Wojno, Tobocman, Condino, Spade, Dillon, Espinoza, Palsrok, Kolb, Stakoe, Hune, Stewart, Moore, Gaffney, David Law, Proos, Emmons, Pavlov, Gosselin, Rocca, McDowell, Farhat, Ward, Acciavatti and Cushingberry introduced

House Bill No. 5503, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4cc.

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

Reps. Accavitti, Byrnes, Wojno, Tobocman, Condino, Spade, Miller, Bieda, Kolb, Kooiman, Gaffney, David Law, Cushingberry, Sak and Farhat introduced

House Bill No. 5504, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1319.

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

Reps. Accavitti, Wojno, Miller and Cushingberry introduced

House Bill No. 5505, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 275.

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

Reps. Byrnes, Byrum, Plakas, Polidori, Stakoe, Gillard, Sheltrown, Gaffney, Sheen, Mayes, Gleason, Kathleen Law, Anderson, Hopgood, Brown, Adamini, Meisner and Vagnozzi introduced

House Bill No. 5506, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 601b (MCL 257.601b), as amended by 2003 PA 314.

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

Reps. Byrnes, Byrum, Plakas, Polidori, Stakoe, Gillard, Sheltrown, Gaffney, Sheen, Mayes, Gleason, Kathleen Law, Anderson, Hopgood, Brown, Adamini, Meisner and Vagnozzi introduced

House Bill No. 5507, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2004 PA 26.

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

Reps. Pavlov, Kahn, LaJoy, Nitz, Huizenga, Gaffney, Kathleen Law, Espinoza and Miller introduced

House Bill No. 5508, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending the title and sections 2, 3, 5, 9b, 9d, 9g, 9h, 9i, 9j, 10b, 10c, and 10d (MCL 290.642, 290.643, 290.645, 290.649b, 290.649d, 290.649g, 290.649h, 290.649i, 290.649j, 290.650b, 290.650c, and 290.650d), the title and section 2 as amended and sections 9b, 9d, 9g, 9h, 9j, and 10c as added by 1993 PA 236, sections 3, 5, and 10b as amended by 2002 PA 13, section 9i as amended by 2004 PA 278, and section 10d as added by 1993 PA 231, and by adding sections 9k and 9l; and to repeal acts and parts of acts.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.

Reps. Bieda, Condino and Drolet introduced

House Bill No. 5509, entitled

A bill to provide compensation for individuals wrongly imprisoned for crimes; to prescribe the powers and duties of certain state governmental officers and agencies; and to provide remedies.

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

Reps. Leland, Hune, Anderson, Hopgood, Espinoza, McDowell, Cushingberry, Meisner, Plakas, Lipsey, Virgil Smith, Green, David Law, Kahn and Sheen introduced

House Bill No. 5510, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 275.

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

The Speaker Pro Tempore resumed the Chair.

By unanimous consent the House returned to the order of

Messages from the Senate

The House returned to the consideration of

House Bill No. 5397, entitled

A bill to amend 1994 PA 295, entitled "An act to require persons convicted of certain offenses to register; to prescribe the powers and duties of certain departments and agencies in connection with that registration; and to prescribe fees, penalties, and sanctions," by amending sections 5a, 34, and 35 (MCL 28.725a, 28.734, and 28.735), section 5a as amended by 2004 PA 240, section 34 as added by 2005 PA 127, and section 35 as added by 2005 PA 121.

(The bill was considered earlier today, see today's Journal p. 2547.)

Rep. Ward moved to reconsider the vote by which the House concurred in the Senate substitute (S-1).

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

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

Rep. Nofs moved to amend the Senate substitute (S-1) as follows:

1. Amend page 8, line 24, after "zone" by striking out the balance of the subdivision and inserting a period.

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 808 Yeas--108

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Nays--0

In The Chair: Kooiman

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

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 809 Yeas--108

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Nays--0

In The Chair: Kooiman

Second Reading of Bills

Senate Bill No. 624, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 80.

The bill was read a second time.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 624, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 80.

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

Roll Call No. 810 Yeas--108

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

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 2001 PA 142, entitled "An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions," (MCL 250.1001 to 250.2080) by adding section 92.

The motion prevailed.

The House agreed to the title as amended.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

The Senate returned, in accordance with the request of the House

Senate Bill No. 634, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 45a (MCL 208.45a), as amended by 1999 PA 115.

(The bill was passed on December 7, see House Journal No. 106, p. 2452.)

Rep. Ward moved that Rule 67 be suspended.

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

Rep. Ward moved to reconsider the vote by which the House passed the bill.

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

Third Reading of Bills

Senate Bill No. 634, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 45a (MCL 208.45a), as amended by 1999 PA 115.

The question being on the passage of the bill,

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

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

Second Reading of Bills

Senate Bill No. 634, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 45a (MCL 208.45a), as amended by 1999 PA 115.

Rep. Ward moved to reconsider the vote by which the House adopted the amendments offered previously by Rep.David Law.

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

Rep. David Law moved that the amendment No. 4 be considered separately.

The motion prevailed.

The question being on the adoption of amendment Nos. 1, 2, and 3 offered previously by Rep. David Law,

Rep. David Law withdrew the amendments.

The question being on the adoption of amendment No. 4 offered previously by Rep. David Law,

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

Rep. David Law moved to amend the bill as follows:

1. Amend page 2, line 3, after "1," by striking out "2007" and inserting "2008".

2. Amend page 2, line 8, after "BY" by striking out "2.5%" and inserting "3.75%".

3. Amend page 2, line 9, after "BY" by striking out "2.5%" and inserting "3.75%".

4. Amend page 2, line 10, after "BY" by striking out "95%" and inserting "92.5%".

5. Amend page 2, line 11, after "31," by striking out "2006" and inserting "2007".

6. Amend page 2, line 15, after "BY" by striking out the balance of the subsection and inserting "A PERCENTAGE, WHICH IS THE SUM OF ALL OF THE FOLLOWING PERCENTAGES:

(A) THE PROPERTY FACTOR MULTIPLIED BY 2.5%.

(B) THE PAYROLL FACTOR MULTIPLIED BY 2.5%.

(C) THE SALES FACTOR MULTIPLIED BY 95%.".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 634, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 45a (MCL 208.45a), as amended by 1999 PA 115.

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. 811 Yeas--107

Accavitti Espinoza Lemmons, III Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons Leland Robertson

Nays--1

Bennett

In The Chair: Kooiman

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 203, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 54 (MCL 208.54), as added by 1999 PA 115.

The bill was read a second time.

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

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

Rep. Kahn moved to amend the bill as follows:

1. Amend page 4, line 15, after "$1,300,000,000.00" by inserting "IN THIS STATE".

2. Amend page 5, line 5, after "PLANT" by inserting "LOCATED IN THIS STATE".

3. Amend page 5, line 27, after "act." by inserting "FOR TAX YEARS THAT BEGIN AFTER DECEMBER 31, 2005, FOR A TAXPAYER THAT HAS FILED FOR BANKRUPTCY PROTECTION UNDER FEDERAL LAW IN CALENDAR YEAR 2005 AND FOR TAX YEARS THAT BEGIN AFTER DECEMBER 31, 2006 FOR ALL OTHER TAXPAYERS, THIS SUBDIVISION APPLIES ONLY TO SALES THAT ORIGINATE FROM A PLANT LOCATED IN THIS STATE.".

4. Amend page 6, line 5, after "seller." by inserting "FOR TAX YEARS THAT BEGIN AFTER DECEMBER 31, 2005, FOR A TAXPAYER THAT HAS FILED FOR BANKRUPTCY PROTECTION UNDER FEDERAL LAW IN CALENDAR YEAR 2005 AND FOR TAX YEARS THAT BEGIN AFTER DECEMBER 31, 2006 FOR ALL OTHER TAXPAYERS, THIS SUBDIVISION APPLIES ONLY TO SALES THAT ORIGINATE FROM A PLANT LOCATED IN THIS STATE TO A LOCATION IN THIS STATE.".

5. Amend page 7, line 6, after "FAILED" by inserting "TO MAINTAIN THE REQUIRED NUMBER OF EMPLOYEES OR FAILED".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 203, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 54 (MCL 208.54), as added by 1999 PA 115.

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

Roll Call No. 812 Yeas--106

Accavitti Espinoza Lemmons, III Robertson

Acciavatti Farhat Lemmons, Jr. Rocca

Adamini Farrah Lipsey Sak

Anderson Gaffney Marleau Schuitmaker

Angerer Garfield Mayes Shaffer

Ball Gillard McConico Sheen

Baxter Gleason McDowell Sheltrown

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons Leland

Nays--2

Bennett Smith, Alma

In The Chair: Kooiman

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

"An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation,"

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 910, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35i.

The bill was read a second time.

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

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

Rep. Sheen moved to amend the bill as follows:

1. Amend page 2, line 20, after "STATE" by inserting "OR, IF THE JOBS QUALIFY UNDER SUBSECTION (9)(E)(III)(B), AT THE FACILITY,".

2. Amend page 2, line 21, after "WHICH" by striking out "A CREDIT UNDER THIS SECTION WAS CLAIMED" and inserting "THE TRANSFERRED JOBS WERE MOVED TO THIS STATE".

3. Amend page 3, line 17, after "SITES" by inserting "IN THIS STATE".

4. Amend page 4, line 16, after "IN" by inserting "THE TAX YEAR IN WHICH THE TAXPAYER CLAIMS A CREDIT UNDER THIS SECTION OR IN".

5. Amend page 4, line 20, after the second "THE" by inserting "TAX YEAR IN WHICH THE TAXPAYER CLAIMS A CREDIT UNDER THIS SECTION OR THE IMMEDIATELY PRECEDING".

6. Amend page 4, line 22, by striking out "IMMEDIATELY PRECEDING".

7. Amend page 4, line 22, after "YEAR" by inserting "IMMEDIATELY PRECEDING THAT YEAR".

8. Amend page 4, line 26, after the first "THE" by striking out "TRANSFERRED".

9. Amend page 4, line 27, after the second "THE" by inserting "TAX YEAR IN WHICH THE TAXPAYER CLAIMS A CREDIT UNDER THIS SECTION OR THE IMMEDIATELY PRECEDING".

10. Amend page 5, line 3, by striking out "IMMEDIATELY PRECEDING".

11. Amend page 5, line 3, after "YEAR" by inserting "IMMEDIATELY PRECEDING THAT YEAR".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 910, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35i.

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

Roll Call No. 813 Yeas--106

Accavitti Espinoza Lemmons, III Robertson

Acciavatti Farhat Lemmons, Jr. Rocca

Adamini Farrah Lipsey Sak

Anderson Gaffney Marleau Schuitmaker

Angerer Garfield Mayes Shaffer

Ball Gillard McConico Sheen

Baxter Gleason McDowell Sheltrown

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons Leland

Nays--2

Bennett Smith, Alma

In The Chair: Kooiman

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

"An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation,"

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 909, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35f.

The bill was read a second time.

Rep. Sheen moved to amend the bill as follows:

1. Amend page 2, line 11, after "TREASURER" by striking out "SHALL" and inserting "MAY".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 909, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35f.

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

Roll Call No. 814 Yeas--106

Accavitti Espinoza Lemmons, III Robertson

Acciavatti Farhat Lemmons, Jr. Rocca

Adamini Farrah Lipsey Sak

Anderson Gaffney Marleau Schuitmaker

Angerer Garfield Mayes Shaffer

Ball Gillard McConico Sheen

Baxter Gleason McDowell Sheltrown

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons Leland

Nays--2

Bennett Smith, Alma

In The Chair: Kooiman

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

"An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation,"

The House agreed to the full title.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5459, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35j.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

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

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

Rep. Sheen moved to amend the Senate substitute (S-1) as follows:

1. Amend page 3, line 3, after "SUBSECTION" by striking out "(3)" and inserting "(4)".

2. Amend page 4, line 2, after "SECTION," by inserting ""FACILITY",".

3. Amend page 4, line 2, after "TAXES"" by inserting a comma.

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

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

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 815 Yeas--106

Accavitti Espinoza Lemmons, III Robertson

Acciavatti Farhat Lemmons, Jr. Rocca

Adamini Farrah Lipsey Sak

Anderson Gaffney Marleau Schuitmaker

Angerer Garfield Mayes Shaffer

Ball Gillard McConico Sheen

Baxter Gleason McDowell Sheltrown

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons Leland

Nays--2

Bennett Smith, Alma

In The Chair: Kooiman

The House agreed to the full title of the bill.

House Bill No. 4982, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35d.

The Senate has amended the bill as follows:

1. Amend page 1, line 2, after "2007," by inserting "FOR TAXES LEVIED AFTER DECEMBER 31, 2005,".

2. Amend page 2, line 12, after "TREASURER" by striking out "SHALL" and inserting "MAY".

3. Amend page 2, line 19, by striking out all of subsection (6) and renumbering the remaining subsection.

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.

Rep. Ward moved that Rule 45 be suspended.

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

The question being on concurring in the amendments made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 816 Yeas--106

Accavitti Espinoza Lemmons, III Robertson

Acciavatti Farhat Lemmons, Jr. Rocca

Adamini Farrah Lipsey Sak

Anderson Gaffney Marleau Schuitmaker

Angerer Garfield Mayes Shaffer

Ball Gillard McConico Sheen

Baxter Gleason McDowell Sheltrown

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons Leland

Nays--2

Bennett Smith, Alma

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

House Bill No. 5460, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35h.

The Senate has amended the bill as follows:

1. Amend page 2, line 12, after "TREASURER" by striking out "SHALL" and inserting "MAY".

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.

Rep. Ward moved that Rule 45 be suspended.

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

The question being on concurring in the amendment made to the bill by the Senate,

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

Roll Call No. 817 Yeas--106

Accavitti Espinoza Lemmons, III Robertson

Acciavatti Farhat Lemmons, Jr. Rocca

Adamini Farrah Lipsey Sak

Anderson Gaffney Marleau Schuitmaker

Angerer Garfield Mayes Shaffer

Ball Gillard McConico Sheen

Baxter Gleason McDowell Sheltrown

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons Leland

Nays--2

Bennett Smith, Alma

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

House Bill No. 5461, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35g.

The Senate has amended the bill as follows:

1. Amend page 2, line 12, after "TREASURER" by striking out "SHALL" and inserting "MAY".

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.

Rep. Ward moved that Rule 45 be suspended.

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

The question being on concurring in the amendment made to the bill by the Senate,

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

Roll Call No. 818 Yeas--106

Accavitti Espinoza Lemmons, III Robertson

Acciavatti Farhat Lemmons, Jr. Rocca

Adamini Farrah Lipsey Sak

Anderson Gaffney Marleau Schuitmaker

Angerer Garfield Mayes Shaffer

Ball Gillard McConico Sheen

Baxter Gleason McDowell Sheltrown

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi