No. 10

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature


REGULAR SESSION OF 2006


House Chamber, Lansing, Thursday, February 2, 2006.

10:30 a.m.

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

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

Accavitti--present Elsenheimer--present Law, Kathleen--present Robertson--present

Acciavatti--present Emmons--present Leland--present Rocca--present

Adamini--present Espinoza--present Lemmons, III--present Sak--present

Amos--present Farhat--present Lemmons, Jr.--present Schuitmaker--present

Anderson--present Farrah--present Lipsey--present Shaffer--present

Angerer--present Gaffney--present Marleau--present Sheen--present

Ball--present Garfield--present Mayes--present Sheltrown--present

Baxter--present Gillard--present McConico--excused Smith, Alma--present

Bennett--present Gleason--present McDowell--present Smith, Virgil--excused

Bieda--present Gonzales--present Meisner--present Spade--present

Booher--present Gosselin--present Meyer--present Stahl--present

Brandenburg--present Green--present Miller--present Stakoe--present

Brown--present Hansen--present Moolenaar--excused Steil--present

Byrnes--present Hildenbrand--present Moore--present Stewart--present

Byrum--present Hood--present Mortimer--present Taub--present

Casperson--present Hoogendyk--present Murphy--present Tobocman--present

Caswell--present Hopgood--present Newell--present Vagnozzi--present

Caul--present Huizenga--present Nitz--present Van Regenmorter--present

Cheeks--present Hummel--present Nofs--present Vander Veen--present

Clack--present Hune--present Palmer--present Walker--present

Clemente--present Hunter--present Palsrok--present Ward--e/d/s

Condino--present Jones--present Pastor--present Waters--present

Cushingberry--present Kahn--present Pavlov--present Wenke--present

DeRoche--present Kolb--present Pearce--present Whitmer--present

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

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

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

e/d/s = entered during session

Rep. Bruce Caswell, from the 58th District, offered the following invocation:

"Will you bow your heads and share with me these words:

Is God angry at sin?

Of course he is. But it's mainly the sin, not the sinners, that gets him angry. Even if we want to see him as angry at us he's only angry at us temporarily-and because he loves us, certainly not because he hates us. God hates the sin we commit because he hates anything that hurts us, and he will do anything to warn us against it. But he can't force us to choose against sin, we must do that ourselves.

God knows far better than we ever can that our actions have consequences and that many times we hurt ourselves by the things we choose to do. If we do certain things, we will end up suffering for it. God gives us rules and commandments to prevent us from hurting ourselves and others-to increase our joy, not to kill it. So, if you're harming yourself, God will scream at you, in a way, because you are harming someone who is infinitely precious to him­yourself! He does this because he loves you, not because he hates you. He loves all of us passionately, more deeply than we can really ever grasp. We commit these words to our Father. In Jesus' name we pray, Amen."

______

Rep. Sak moved that Reps. McConico, Virgil Smith and Zelenko be excused from today's session.

The motion prevailed.

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

The motion prevailed.

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

Second Reading of Bills

Senate Bill No. 794, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 5430 and 5432.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5258, entitled

A bill to amend 1981 PA 230, entitled "Michigan economic and social opportunity act of 1981," by repealing section 16 (MCL 400.1116).

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

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 351, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2004 PA 97, and by adding section 16322 and part 165.

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

Roll Call No. 36 Yeas--91

Accavitti Donigan Law, David Proos

Acciavatti Emmons Law, Kathleen Robertson

Adamini Espinoza Leland Rocca

Amos Farhat Lemmons, III Sak

Anderson Farrah Lemmons, Jr. Shaffer

Angerer Gaffney Lipsey Sheltrown

Ball Gillard Marleau Smith, Alma

Bennett Gleason Mayes Spade

Bieda Gonzales McDowell Stahl

Booher Green Meisner Stakoe

Brandenburg Hansen Miller Steil

Brown Hildenbrand Moore Stewart

Byrnes Hood Mortimer Tobocman

Byrum Hopgood Murphy Vagnozzi

Casperson Huizenga Newell Van Regenmorter

Caswell Hummel Nitz Vander Veen

Caul Hune Nofs Walker

Cheeks Hunter Palsrok Waters

Clack Jones Pastor Wenke

Clemente Kahn Pavlov Whitmer

Condino Kolb Pearce Williams

Cushingberry Kooiman Plakas Wojno

DeRoche LaJoy Polidori

Nays--12

Baxter Elsenheimer Hoogendyk Schuitmaker

Dillon Garfield Meyer Sheen

Drolet Gosselin Palmer Taub

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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,"

The House agreed to the full title.

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

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

Rep. Ward entered the House Chambers.

House Bill No. 5494, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending the title and sections 5, 7, 9, 10, 10a, 11, 21, 23, 25, 27, 29, 31, 33, 39, 41, 43, 49, 51, 53, 55, 57, 61, 67, 69, 70, and 73 (MCL 257.1805, 257.1807, 257.1809, 257.1810, 257.1810a, 257.1811, 257.1821, 257.1823, 257.1825, 257.1827, 257.1829, 257.1831, 257.1833, 257.1839, 257.1841, 257.1843, 257.1849, 257.1851, 257.1853, 257.1855, 257.1857, 257.1861, 257.1867, 257.1869, 257.1870, and 257.1873), sections 5, 7, 10, and 10a as amended by 2000 PA 49, section 23 as amended by 1990 PA 322,section 33 as amended by 2001 PA 130, section 49 as amended by 1994 PA 309, section 53 as amended by 2004 PA 131, section 55 as amended by 2004 PA 231, and section 57 as amended by 1996 PA 170; and to repeal acts and parts ofacts.

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

Roll Call No. 37 Yeas--104

Accavitti Drolet LaJoy Proos

Acciavatti Elsenheimer Law, David Robertson

Adamini Emmons Law, Kathleen Rocca

Amos Espinoza Leland Sak

Anderson Farhat Lemmons, III Schuitmaker

Angerer Farrah Lemmons, Jr. Shaffer

Ball Gaffney Lipsey Sheen

Baxter Garfield Marleau Sheltrown

Bennett Gillard Mayes Smith, Alma

Bieda Gleason McDowell Spade

Booher Gonzales Meisner Stahl

Brandenburg Gosselin Meyer Stakoe

Brown Green Miller Steil

Byrnes Hansen Moore Stewart

Byrum Hildenbrand Mortimer Taub

Casperson Hood Murphy Tobocman

Caswell Hoogendyk Newell Vagnozzi

Caul Hopgood Nitz Van Regenmorter

Cheeks Huizenga Nofs Vander Veen

Clack Hummel Palmer Walker

Clemente Hune Palsrok Ward

Condino Hunter Pastor Waters

Cushingberry Jones Pavlov Wenke

DeRoche Kahn Pearce Whitmer

Dillon Kolb Plakas Williams

Donigan Kooiman Polidori Wojno

Nays--0

In The Chair: Caswell

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

Senate Bill No. 579, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 2005 PA 251.

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. Huizenga, Baxter, Emmons, Wenke, Hildenbrand, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman 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: Thursday, February 2, 2006

Present: Reps. Huizenga, Baxter, Emmons, Wenke, Hildenbrand, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Bennett and Accavitti

Absent: Reps. Palsrok, Green, Jones, Murphy, Dillon and McConico

Excused: Reps. Palsrok, Green, Jones, Murphy, Dillon and McConico

Second Reading of Bills

Senate Bill No. 579, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 2005 PA 251.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 579, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 2005 PA 251.

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

Roll Call No. 38 Yeas--104

Accavitti Drolet LaJoy Proos

Acciavatti Elsenheimer Law, David Robertson

Adamini Emmons Law, Kathleen Rocca

Amos Espinoza Leland Sak

Anderson Farhat Lemmons, III Schuitmaker

Angerer Farrah Lemmons, Jr. Shaffer

Ball Gaffney Lipsey Sheen

Baxter Garfield Marleau Sheltrown

Bennett Gillard Mayes Smith, Alma

Bieda Gleason McDowell Spade

Booher Gonzales Meisner Stahl

Brandenburg Gosselin Meyer Stakoe

Brown Green Miller Steil

Byrnes Hansen Moore Stewart

Byrum Hildenbrand Mortimer Taub

Casperson Hood Murphy Tobocman

Caswell Hoogendyk Newell Vagnozzi

Caul Hopgood Nitz Van Regenmorter

Cheeks Huizenga Nofs Vander Veen

Clack Hummel Palmer Walker

Clemente Hune Palsrok Ward

Condino Hunter Pastor Waters

Cushingberry Jones Pavlov Wenke

DeRoche Kahn Pearce Whitmer

Dillon Kolb Plakas Williams

Donigan Kooiman Polidori Wojno

Nays--0

In The Chair: Caswell

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4855, entitled

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

The Senate has amended the bill as follows:

1. Amend page 3, following line 22, by inserting:

"(E) "REGISTERED IN THIS STATE" MEANS AN AIRCRAFT REGISTERED WITH THE STATE TRANSPORTATION DEPARTMENT, BUREAU OF AERONAUTICS OR REGISTERED WITH THE FEDERAL AVIATION ADMINISTRATION TO AN ADDRESS LOCATED IN THIS STATE.".

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. Hildenbrand 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. 39 Yeas--104

Accavitti Drolet LaJoy Proos

Acciavatti Elsenheimer Law, David Robertson

Adamini Emmons Law, Kathleen Rocca

Amos Espinoza Leland Sak

Anderson Farhat Lemmons, III Schuitmaker

Angerer Farrah Lemmons, Jr. Shaffer

Ball Gaffney Lipsey Sheen

Baxter Garfield Marleau Sheltrown

Bennett Gillard Mayes Smith, Alma

Bieda Gleason McDowell Spade

Booher Gonzales Meisner Stahl

Brandenburg Gosselin Meyer Stakoe

Brown Green Miller Steil

Byrnes Hansen Moore Stewart

Byrum Hildenbrand Mortimer Taub

Casperson Hood Murphy Tobocman

Caswell Hoogendyk Newell Vagnozzi

Caul Hopgood Nitz Van Regenmorter

Cheeks Huizenga Nofs Vander Veen

Clack Hummel Palmer Walker

Clemente Hune Palsrok Ward

Condino Hunter Pastor Waters

Cushingberry Jones Pavlov Wenke

DeRoche Kahn Pearce Whitmer

Dillon Kolb Plakas Williams

Donigan Kooiman Polidori Wojno

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Hoogendyk, Drolet, Gosselin, Sheen, Acciavatti, Baxter, Casperson, Caul, Elsenheimer, Farhat, Garfield, Green, Hildenbrand, Marleau, Meyer, Mortimer, Nitz, Nofs, Palmer, Pearce, Rocca, Shaffer, Stahl, Steil, Taub and Vander Veen offered the following resolution:

House Resolution No. 192.

A resolution to memorialize the Congress of the United States to repeal the federal excise tax on telecommunications.

Whereas, The federal excise tax on telecommunications was enacted in 1898 for the purpose of funding the Spanish-American War. The tax was introduced as a "temporary" luxury tax; and

Whereas, Telephone service is no longer a luxury, but rather a necessity for consumers of all income levels. The federal excise tax is therefore regressive, as low-income Americans pay a higher percentage of their income for telephone services than high-income Americans; and

Whereas, Telecommunication services are the infrastructure upon which new technologies, including the Internet, depend, and therefore the telecommunications excise tax discourages expansion of both the telephone infrastructure and new technologies; and

Whereas, The revenue from the federal excise tax on communications flows into the general fund, rather than being earmarked for a specific purpose. Indeed, both Houses of Congress passed a repeal of the federal excise tax on telecommunications in 2000. The measure was vetoed by President William Jefferson Clinton; now, therefore, be it

Resolved by the House of Representatives, That we hereby memorialize the Congress of the United States to repeal the federal excise tax on telecommunications; 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 Tax Policy.

Reps. Gosselin, Drolet, Sheen, Hoogendyk, Acciavatti, Baxter, Casperson, Caul, Elsenheimer, Farhat, Garfield, Hansen, Hildenbrand, Jones, Marleau, Mortimer, Nitz, Nofs, Palmer, Pearce, Rocca, Shaffer, Stahl, Steil and Vander Veen offered the following resolution:

House Resolution No. 193.

A resolution to memorialize the Congress of the United States to abolish the death tax permanently.

Whereas, Under tax relief legislation passed in 2001, the federal death tax was temporarily phased out but not permanently eliminated; and

Whereas, Farmers and other small business owners will face losing their farms and businesses if the federal government resumes the heavy taxation of citizens at death; and

Whereas, This is a tax that is particularly damaging to families who are working their way up the ladder and trying to accumulate wealth for the first time; and

Whereas, Employees suffer layoffs when small and medium businesses are liquidated to pay death taxes; and

Whereas, If the death tax had been repealed in 1996, the United States economy would have realized billions of dollars each year in extra output, and an average of 145,000 additional new jobs would have been created; and

Whereas, As indicated by votes in the past in the United States House of Representatives and Senate, it is clear that repeal of the death tax holds wide bipartisan support; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to abolish the death tax permanently; 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 Tax Policy.

Reps. Sheen, Drolet, Gosselin, Hoogendyk, Acciavatti, Baxter, Booher, Casperson, Caul, Elsenheimer, Farhat, Garfield, Green, Hansen, Hildenbrand, Lemmons, Jr., Marleau, Meyer, Mortimer, Nitz, Nofs, Palmer, Pearce, Sak, Shaffer, Stahl, Taub and Vander Veen offered the following resolution:

House Resolution No. 194.

A resolution to urge the Congress of the United States to reform the United States tax code.

Whereas, The United States tax code has become increasingly complex and burdensome for American families and businesses. Congress has enacted 15,000 changes to the tax code since 1986, and each of these changes resulted in more complexity and burdensome requirements on American taxpayers. This increased complexity and lack of transparency creates substantial uncertainty for taxpayers in figuring out their tax bill each year. Indeed, American families and businesses spent 3.5 billion hours filling out their tax forms, costing $150 billion just to ensure that their taxes were paid correctly; and

Whereas, The tax base has become increasingly diluted as tax deductions have made special preferences for particular economic activities. High marginal tax rates on income and investment penalize work, savings, and investment. Multiple layers of double taxation on savings and investment coupled with increasing compliance costs are reducing economic growth, job creation, and household savings; and

Whereas, Tax law changes have not kept pace with a growing and dynamic international economy, thus leaving American workers and businesses at a significant competitive disadvantage with foreign competitors. For America to continue to be a leader in the global economy, Congress needs to enact tax reform which greatly reduces compliance costs, eliminates double taxation of savings and investment, and taxes one time and at one rate; now, therefore, be it

Resolved by the House of Representatives, That we hereby urge the Congress of the United States to reform the United States tax code; 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 Tax Policy.

Reports of Standing Committees

The Committee on Insurance, by Rep. Hune, Chair, reported

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.

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. Hune, Robertson, Emmons, Gaffney, Sheen, Ball, Hildenbrand, David Law, Marleau, Mortimer, Hood, Adamini, Leland, Anderson, Condino and Farrah

Nays: None

The Committee on Insurance, by Rep. Hune, Chair, reported

House Bill No. 5624, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1305 (MCL 500.1305), as amended by 1992 PA 182.

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. Hune, Robertson, Emmons, Gaffney, Sheen, Ball, Hildenbrand, David Law, Marleau, Mortimer, Leland, Anderson, Condino and Farrah

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 2, 2006

Present: Reps. Hune, Robertson, Emmons, Gaffney, Sheen, Ball, Hildenbrand, David Law, Marleau, Mortimer, Hood, Adamini, Leland, Anderson, Condino and Farrah

Absent: Rep. Wojno

Excused: Rep. Wojno

The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Casperson, Chair, reported

House Bill No. 5453, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 52512.

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. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Baxter and Rocca

Nays: None

The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Casperson, Chair, reported

House Bill No. 5454, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 51105, 51106, 51108, 51113, and 51116 (MCL 324.51105, 324.51106, 324.51108, 324.51113, and 324.51116), section 51105 as amended by 1996 PA 451 and sections 51106, 51108, 51113, and 51116 as added by 1995 PA 57.

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. Casperson, Hildenbrand, Garfield, Nitz, Baxter and Rocca

Nays: None

The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Casperson, Chair, reported

House Bill No. 5455, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 51101, 51103, and 51104 (MCL 324.51101, 324.51103, and 324.51104), as added by 1995 PA 57; 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. Casperson, Hildenbrand, Garfield, Nitz, Baxter and Rocca

Nays: None

The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Casperson, Chair, reported

House Bill No. 5456, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 3, 6, and 8 (MCL 125.2683, 125.2686, and 125.2688), section 3 as amended by 2000 PA 259, section 6 as amended by 2004 PA 430, and section 8 as amended by 2003 PA 266, and by adding section 8e.

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. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Baxter and Rocca

Nays: None

The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Casperson, Chair, reported

House Bill No. 5457, entitled

A bill to impose a state recapture tax on the change in use of certain qualified forest property; to provide for the administration of the recapture tax; to prescribe the powers and duties of certain state and local officers; to provide for the collection and distribution of the recapture tax; and to prescribe penalties and provide remedies.

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. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Baxter and Rocca

Nays: None

The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Casperson, Chair, reported

House Bill No. 5458, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1211 (MCL 380.1211), as amended by 2003 PA 126.

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. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Baxter and Rocca

Nays: None

The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Casperson, Chair, reported

House Bill No. 5462, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 53b (MCL 211.53b), as amended by 2003 PA 105, and by adding section 7jj; 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. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Baxter and Rocca

Nays: None

The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Casperson, Chair, reported

House Bill No. 5628, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 50507 (MCL 324.50507), as amended by 2004 PA 124.

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. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Baxter and Rocca

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Casperson, Chair, of the Committee on Conservation, Forestry, and Outdoor Recreation, was received and read:

Meeting held on: Thursday, February 2, 2006

Present: Reps. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Baxter, Rocca, McDowell, Sheltrown, Gillard and Espinoza

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stahl, Chair, of the Committee on Family and Children Services, was received and read:

Meeting held on: Wednesday, February 1, 2006

Present: Reps. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, February 2:

House Bill Nos. 5620 5621 5622 5623 5624 5625 5626 5627 5628

Senate Bill Nos. 1018 1019 1020 1021 1022 1023 1024

The Clerk announced that the following Senate bill had been received on Thursday, February 2:

Senate Bill No. 728

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4856, entitled

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

The 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. 5375, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 16185.

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. 4670, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 16184.

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.

House Bill No. 5559, entitled

A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 3 and 8 (MCL 207.803 and 207.808), section 3 as amended by 2004 PA 398 and section 8 as amended by 2005 PA 185.

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.

Senate Bill No. 728, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 9201, 9204, 9207, and 9227 (MCL 333.9201, 333.9204, 333.9207, and 333.9227), sections 9201 and 9227 as amended and section 9207 as added by 1996 PA 540.

The Senate has passed the bill.

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

Introduction of Bills

Rep. Stakoe introduced

House Bill No. 5629, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 12a (MCL 141.912a), as amended by 1998 PA 532.

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

Reps. Mortimer, Gaffney, Wojno, Schuitmaker, Gosselin, Nitz, Vander Veen, Proos, Jones, Sheltrown, Gleason, Ball, LaJoy, Marleau, Casperson, Walker, Emmons, Taub, Elsenheimer, Meyer, Amos, Stahl, Nofs and Hune introduced

House Bill No. 5630, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5112.

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

Reps. Ball, Rocca, LaJoy, Schuitmaker, Green, Wojno, Mortimer, Gleason, Nitz, Proos, Caul, Taub and Newell introduced

House Bill No. 5631, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2253 (MCL 333.2253).

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

Reps. Sheltrown, Booher, Farrah, Hansen, Accavitti, Brown, Meyer, Gleason, Gaffney, Gillard, Stahl, Caswell, Sak and Mortimer introduced

House Bill No. 5632, entitled

A bill to amend 1941 PA 205, entitled "An act to provide for the construction, establishment, opening, use, discontinuing, vacating, closing, altering, improvement, and maintenance of limited access highways and facilities ancillary to those highways; to permit the acquiring of property and property rights and the closing or other treatment of intersecting roads for these purposes; to provide for the borrowing of money and for the issuing of bonds or notes payable from special funds for the acquisition, construction or improvement of such highways; and to provide for the receipt and expenditure of funds generated from the facilities," by amending section 2 (MCL 252.52), as amended by 2002 PA 150.

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

Reps. Hoogendyk, Gosselin, Palmer, Taub, Marleau, Garfield, Baxter, Robertson and Ward introduced

House Bill No. 5633, entitled

A bill to designate an official language of this state.

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

Reps. Hood, Condino, Bieda, Farrah, Anderson, Wojno, Adamini, Leland, Hune, Lipsey, Gaffney, Emmons, Mortimer and Sheen introduced

House Bill No. 5634, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 1001, 1007, 1010, 1015, and 1125 (MCL 500.1001, 500.1007, 500.1010, 500.1015, and 500.1125), sections 1001, 1007, 1010, and 1015 as added by 1992 PA 182 and section 1125 as amended by 2000 PA 283.

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

Rep. Sak introduced

House Bill No. 5635, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1279h.

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

______

Rep. Accavitti moved that the House adjourn.

The motion prevailed, the time being 11:40 a.m.

Associate Speaker Pro Tempore Caswell declared the House adjourned until Tuesday, February 7, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives