No. 43
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2006
House Chamber, Lansing, Thursday, May 4, 2006.
10:30 a.m.
The House was called to order by Associate Speaker Pro Tempore Caswell.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present 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--present Smith, Alma--present
Bennett--present Gleason--present McDowell--present Smith, Virgil--e/d/s
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--present 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--present
Condino--present Jones--present Pastor--present Waters--present
Cushingberry--excused Kahn--present Pavlov--present Wenke--e/d/s
DeRoche--present Kolb--present Pearce--present Williams--present
Dillon--present Kooiman--present Plakas--present Wojno--present
Donigan--present LaJoy--present Polidori--present Zelenko--present
Drolet--present Law, David--present Proos--present
e/d/s = entered during session
Rep. Tom Pearce, from the 73rd District, offered the following invocation:
"Father, today, on this, our National Day of Prayer, we ask You to bless our President, our Vice-President and his key advisors.
Bless the members of the U.S. Senate and the U.S. House of Representatives and in particular, those who represent our great state.
We ask You to bless our Governor, our Lt. Governor, and their advisors.
Bless the members of our State Senate and those here in our house Chamber.
We pray, Lord Jesus, for our Leaders. We are deeply concerned that they may know the will of God, and that they may have the spiritual courage and grace to follow it.
Deliver them, we pray, from all selfish considerations. Lift them above the claims of politics. Fill them with the spirit of God that shall make them fearless to seek, to know, to do the right. Save them from the friends who, in the name of politics or even friendship, would persuade them from that holy path.
Strengthen and empower their advisers. Bring them, too, to their knees in prayer. May their example and their influence spread, that we, in the United States, may yet have a government of people who know Thee, the Almighty God, as their friend, and who place Thy will first in their lives as well as in their prayers.
Hear and answer, we pray Thee, forgiving us all our unworthiness; cleansing us from every ignoble thought and unworthy ambition that we may be renewed in spirit and mind and heart, through Jesus Christ, our Lord. Amen."
______
Rep. Sak moved that Rep. Cushingberry be excused from today's session.
The motion prevailed.
The Speaker Pro Tempore assumed the Chair.
Second Reading of Bills
Senate Bill No. 872, entitled
A bill to amend 1963 (2nd Ex Sess) PA 43, entitled "An act to provide for public hearings on budgets of local units of government," by amending section 3 (MCL 141.413).
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-2) 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.
House Bill No. 5917, entitled
A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 401, 407, 408, 412, and 717 (MCL 484.1401, 484.1407, 484.1408, 484.1412, and 484.1717), section 401 as amended by 1999 PA 81, sections 407 and 412 as added by 1999 PA 78, section 408 as amended by 2006 PA 74, and section 717 as added by 1999 PA 79.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Energy and Technology,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Nofs moved to amend the bill as follows:
1. Amend page 10, line 1, after "SHALL" by striking out "BE ASSESSED" and inserting "COLLECT".
2. Amend page 10, line 2, after "MONTH" by striking out "FOR" and inserting "FROM".
3. Amend page 10, line 24, after "AND" by striking out the balance of the subparagraph and inserting "HAS 1 OF THE FOLLOWING:
(A) A MICHIGAN TELEPHONE NUMBER OR A MICHIGAN IDENTIFICATION NUMBER FOR THE SERVICE.
(B) A SERVICE FOR EXCLUSIVE USE IN AN AUTOMOTIVE VEHICLE AND WHOSE PLACE OF PRIMARY USE IS WITHIN THIS STATE. AS USED IN THIS SUB-SUBPARAGRAPH, "PLACE OF PRIMARY USE" MEANS THAT PHRASE AS DEFINED UNDER 4 USC 124.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Nofs moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 875, entitled
A bill to amend 1943 PA 20, entitled "An act relative to the investment of funds of public corporations of the state; and to validate certain investments," by amending section 1 (MCL 129.91), as amended by 1997 PA 196.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 908, entitled
A bill to amend 2003 PA 238, entitled "Michigan notary public act," by amending section 27 (MCL 55.287); and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Palmer 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
House Bill No. 4870, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1104 and 3614 (MCL 700.1104 and 700.3614), section 1104 as amended by 2000 PA 54 and section 3614 as amended by 2004 PA343, and by adding sections 3206, 3207, and 3208.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 426 Yeas--103
Accavitti Emmons Law, Kathleen Proos
Acciavatti Espinoza Leland Robertson
Adamini Farhat Lemmons, III Rocca
Amos Farrah Lemmons, Jr. Sak
Anderson Gaffney Lipsey Schuitmaker
Angerer Garfield Marleau Shaffer
Ball Gillard Mayes Sheen
Baxter Gleason McConico Sheltrown
Bennett Gonzales McDowell Smith, Alma
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
Dillon Kolb Pavlov Williams
Donigan Kooiman Pearce Wojno
Drolet LaJoy Plakas Zelenko
Elsenheimer Law, David Polidori
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 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1104 and 3614 (MCL 700.1104 and 700.3614), section 1104 as amended by 2005 PA 204 and section 3614 as amended by 2004 PA343, and by adding sections 3206, 3207, and 3208.
The motion prevailed.
The House agreed to the title as amended.
House Bill No. 4891, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 1801 and 1810 (MCL 339.1801 and 339.1810), section 1810 as amended by 1990 PA 15.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 427 Yeas--104
Accavitti Elsenheimer Law, David Polidori
Acciavatti Emmons Law, Kathleen Proos
Adamini Espinoza Leland Robertson
Amos Farhat Lemmons, III Rocca
Anderson Farrah Lemmons, Jr. Sak
Angerer Gaffney Lipsey Schuitmaker
Ball Garfield Marleau Shaffer
Baxter Gillard Mayes Sheen
Bennett Gleason McConico Sheltrown
Bieda Gonzales McDowell Smith, Alma
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Steil
Byrum Hood Moore Stewart
Casperson Hoogendyk Mortimer Taub
Caswell Hopgood Murphy Tobocman
Caul Huizenga Newell Vagnozzi
Cheeks Hummel Nitz Van Regenmorter
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones Palsrok Ward
DeRoche Kahn Pastor Waters
Dillon Kolb Pavlov Williams
Donigan Kooiman Pearce Wojno
Drolet LaJoy Plakas Zelenko
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
______
Rep. Virgil Smith entered the House Chambers.
House Bill No. 5836, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2851, 2855, and 10108 (MCL 333.2851, 333.2855, and 333.10108), section 2851 as added by 1996 PA 284, section 2855 as amended by 1982 PA 3, and section 10108 as amended by 1986 PA 186; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 428 Yeas--105
Accavitti Emmons Law, Kathleen Proos
Acciavatti Espinoza Leland Robertson
Adamini Farhat Lemmons, III Rocca
Amos Farrah Lemmons, Jr. Sak
Anderson Gaffney Lipsey Schuitmaker
Angerer Garfield Marleau Shaffer
Ball Gillard Mayes Sheen
Baxter Gleason McConico Sheltrown
Bennett Gonzales McDowell Smith, Alma
Bieda Gosselin Meisner Smith, Virgil
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Cheeks Hune Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
DeRoche Kolb Pavlov Waters
Dillon Kooiman Pearce Williams
Donigan LaJoy Plakas Wojno
Drolet Law, David Polidori Zelenko
Elsenheimer
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 1978 PA 368, entitled "Public health code," by amending sections 2652, 2653, 2655, 2658, 2663, 2851, 2855, and 10108 (MCL 333.2652, 333.2653, 333.2655, 333.2658, 333.2663, 333.2851, 333.2855, and 333.10108), section 2851 as added by 1996 PA 284, section 2855 as amended by 1982 PA 3, and section 10108 as amended by 1986 PA 186; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Second Reading of Bills
House Bill No. 5396, entitled
A bill to amend 1915 PA 31, entitled "Youth tobacco act," by amending the title and sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), the title and section 4 as amended by 1992 PA 272 and sections 1 and 2 as amended by 1988 PA 314.
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. David Law moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5607, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 224 (MCL 257.224), as amended by 1995 PA 129.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Transportation,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. LaJoy 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
House Bill No. 5607, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 224 (MCL 257.224), as amended by 1995 PA 129.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 429 Yeas--104
Accavitti Emmons Law, Kathleen Proos
Acciavatti Espinoza Leland Robertson
Adamini Farhat Lemmons, III Rocca
Amos Farrah Lemmons, Jr. Sak
Anderson Gaffney Lipsey Schuitmaker
Angerer Garfield Marleau Shaffer
Ball Gillard Mayes Sheen
Baxter Gleason McConico Sheltrown
Bennett Gonzales McDowell Smith, Alma
Bieda Gosselin Meisner Smith, Virgil
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Cheeks Hune Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Dillon Kolb Pavlov Waters
Donigan Kooiman Pearce Williams
Drolet LaJoy Plakas Wojno
Elsenheimer Law, David Polidori Zelenko
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 5979, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10 (MCL 247.660), as amended by 2004 PA 384.
The bill was read a second time.
Rep. LaJoy 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. 5979, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10 (MCL 247.660), as amended by 2004 PA 384.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 430 Yeas--104
Accavitti Emmons Law, Kathleen Proos
Acciavatti Espinoza Leland Robertson
Adamini Farhat Lemmons, III Rocca
Amos Farrah Lemmons, Jr. Sak
Anderson Gaffney Lipsey Schuitmaker
Angerer Garfield Marleau Shaffer
Ball Gillard Mayes Sheen
Baxter Gleason McConico Sheltrown
Bennett Gonzales McDowell Smith, Alma
Bieda Gosselin Meisner Smith, Virgil
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Cheeks Hune Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Dillon Kolb Pavlov Waters
Donigan Kooiman Pearce Williams
Drolet LaJoy Plakas Wojno
Elsenheimer Law, David Polidori Zelenko
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Hummel, Chair, reported
House Bill No. 4437, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2006; and to provide for the expenditure of the appropriations.
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. Pastor, Acciavatti, Kooiman, Stewart, Amos, Caswell, Farhat, Shaffer, Steil, Taub, Walker, Booher, Caul, Hansen, Kahn, Brown, Kolb, Sak, Cheeks, Williams, Plakas, Alma Smith, Gonzales, Hood and Murphy
Nays: None
______
Rep. Wenke entered the House Chambers.
Second Reading of Bills
House Bill No. 4437, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2006; and to provide for the expenditure of the appropriations.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hummel 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. 4437, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2006; and to provide for the expenditure of the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 431 Yeas--105
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brandenburg Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs Van Regenmorter
Cheeks Hunter Palmer Vander Veen
Clack Jones Palsrok Walker
Clemente Kahn Pastor Ward
Condino Kolb Pavlov Waters
Dillon Kooiman Pearce Wenke
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 82.
A resolution to express support for the Republic of China on Taiwan's participation in the World Health Organization and the World Health Assembly.
(For text of resolution, see House Journal No. 49 of 2005, p. 741.)
(The resolution was reported by the Committee on Government Operations on April 25, consideration of which, under the rules, was postponed until April 26.)
The question being on the adoption of the resolution,
The resolution was adopted.
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 Senate Bill No.1132.
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
Senate Bill No. 1192, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," (MCL 247.651 to 247.675) by adding section 11f.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. LaJoy 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. LaJoy moved to amend the bill as follows:
1. Amend page 4, line 9, after "IMPRACTICAL." by inserting "IF THE ADDITIONAL CRITERIA ARE DEEMED INEQUITABLE OR IMPRACTICAL, THE DEPARTMENT IS DIRECTED TO WORK WITH THE INTERESTED PARTIES TO DEVELOP EQUITABLE AND PRACTICAL CRITERIA.".
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. 1192, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," (MCL 247.651 to 247.675) by adding section 11f.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 432 Yeas--105
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brandenburg Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Cheeks Hune Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
DeRoche Kolb Pavlov Waters
Dillon Kooiman Pearce Wenke
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons
Nays--1
Caswell
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 433 Yeas--105
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brandenburg Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Cheeks Hune Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
DeRoche Kolb Pavlov Waters
Dillon Kooiman Pearce Wenke
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons
Nays--1
Caswell
In The Chair: Kooiman
Second Reading of Bills
House Bill No. 6003, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 11e (MCL 247.661e), as added by 1992 PA 223.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Casperson 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. Casperson 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. 6003, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 11e (MCL 247.661e), as added by 1992 PA 223.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 434 Yeas--105
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brandenburg Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Cheeks Hune Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
DeRoche Kolb Pavlov Waters
Dillon Kooiman Pearce Wenke
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons
Nays--1
Caswell
In The Chair: Kooiman
The House agreed to the title of the bill.
Second Reading of Bills
Senate Bill No. 1132, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 11e (MCL 247.661e), as added by 1992 PA 223.
The bill was read a second time.
Rep. Casperson 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. 1132, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 11e (MCL 247.661e), as added by 1992 PA 223.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 435 Yeas--105
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brandenburg Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Cheeks Hune Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
DeRoche Kolb Pavlov Waters
Dillon Kooiman Pearce Wenke
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons
Nays--1
Caswell
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 436 Yeas--105
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brandenburg Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Cheeks Hune Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
DeRoche Kolb Pavlov Waters
Dillon Kooiman Pearce Wenke
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons
Nays--1
Caswell
In The Chair: Kooiman
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Ward moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Ward moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Reps. McDowell, Alma Smith, Condino, Bieda, Espinoza, Gleason, Leland, Donigan, Meisner, Angerer, Byrnes, Spade, Polidori, Gonzales, Miller, Bennett, Gillard, Cushingberry, Sheltrown, Sak, Farrah, Anderson, Williams, Byrum, McConico, Brown, Adamini, Clack, Kathleen Law, Hood, Tobocman, Hunter, Accavitti, Hopgood, Lipsey, Kolb, Murphy, Waters, Zelenko, Vagnozzi, Wojno, Dillon, Cheeks, Brandenburg, Garfield, Lemmons, III, Lemmons, Jr., Mayes, Plakas and Stahl offered the following resolution:
House Resolution No. 257.
A resolution to urge Michigan's Attorney General to conduct an investigation to determine if oil companies are violating the state's antitrust statutes.
Whereas, The steady rise in gasoline prices is taking a significant toll on families and businesses across our state and the entire country. While there are clearly many factors involved in the cost of such a vitally important commodity, the accompanying rise in oil company profits to staggering levels has aroused the ire and suspicions of many people; and
Whereas, As American consumers confront the challenges of absorbing ever-rising costs for gasoline, it seems that this cost is not being shared fairly when oil companies reap massive financial benefits at the same time. Over the years, expressed concerns over mega mergers in the oil industry have seemingly been ignored. The result is fewer and fewer, larger and larger corporations; and
Whereas, The public has every right to expect that the markets that determine prices are fair and not being unfairly swayed. Record corporate profits in the face of a worldwide challenge do not seem to reflect the sense of fairness that the American people believe in and rely upon as we make decisions for our businesses and our families. Every effort must be made to ensure that antitrust measures in state law are not being violated; now, therefore, be it
Resolved by the House of Representatives, That we urge Michigan's Attorney General to conduct an investigation to determine if oil companies are violating the state's antitrust statutes; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the Michigan Attorney General.
The resolution was referred to the Committee on Government Operations.
Reps. Waters, Accavitti, Adamini, Anderson, Ball, Baxter, Bieda, Brandenburg, Byrnes, Byrum, Clack, Condino, Dillon, Drolet, Espinoza, Farrah, Garfield, Gillard, Gleason, Gonzales, Hood, Hopgood, Huizenga, Jones, Kolb, Kathleen Law, Leland, Lemmons, III, Lemmons, Jr., Lipsey, Mayes, Meisner, Meyer, Mortimer, Murphy, Nitz, Polidori, Sak, Sheltrown, Alma Smith, Spade, Stahl, Stewart, Tobocman, Vagnozzi, Wojno and Zelenko offered the following resolution:
House Resolution No. 258.
A resolution honoring the Detroit Free Press upon the occasion of its 175th anniversary.
Whereas, It is with deep appreciation of the significance of this milestone that we commend the management and staff of the Detroit Free Press as they mark the 175th anniversary of the founding of this exemplary business. A winner of eight Pulitzer Prizes, it was first published as the Democratic Free Press and Michigan Intelligencer on May 5, 1831. At the beginning, the Detroit Free Press staff consisted of McKnight, an African American printer, and an apprentice. Methods were primitive and newsgathering was difficult; and
Whereas, Faced with many challenges over the first 20 years, which included changes of ownership, locations and various name changes, the long name was shortened to the Democratic Free Press and in 1835. The Detroit Free Press became the Michigan Territory's first daily newspaper. It then changed its name again to the Detroit Daily Free Press to announce its frequency. After experiencing several stops and starts, in 1853, Wilbur F. Storey took over as owner and editor and the Free Press entered a new era of prosperity and progress. Storey took the Detroit Free Press from a local paper to one that has innovated the nation. The Detroit Free Press soon became known as an authority on happenings on both a local and national level and continued to grow, adding more sections and contributors to its news lineup; and
Whereas, Since its founding in Metropolitan Detroit, the Detroit Free Press has become a vital element in keeping Michigan informed and connected to national affairs and local events. Over the years, the Detroit Free Press has had many owners and editors nurture and advance its content and subscription levels. It is currently owned by Gannett. The Detroit Free Press has had many challengers over the years, but has continued to grow and enjoys the status of surviving longer than any of its competitors. This success in maintaining competitiveness during an era of many challenges is the direct result of the commitment of the people of this company and their ability to work together to offer the best in news coverage and services over the years. Even as our cyclical Michigan economy has presented obstacles to growth and stability, the Detroit Free Press has sustained itself through dedication and innovation; and
Whereas, In looking back over the 175 years of the Detroit Free Press' history, it is clear that this business has set its course with a continuing look towards the future. While the changes of the marketplace dictate many of the decisions for any good company, the Detroit Free Press has also demonstrated the importance of looking beyond the balance sheet alone to include the ideas of its people and the role of the company in community life in making its choices. We are grateful for all that the Detroit Free Press has contributed to Metropolitan Detroit and all of Michigan; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor the Detroit Free Press upon the occasion of its 175th anniversary. We salute them on this happy occasion and wish them well in the years to come; and be it further
Resolved, That a copy of this resolution be transmitted to the Detroit Free Press as a token of our esteem.
Pending the reference of the resolution to a committee,
Rep. Ward moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reports of Standing Committees
The Committee on Appropriations, by Rep. Hummel, Chair, reported
Senate Concurrent Resolution No. 40.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and St. Clair County Community College relative to the St. Clair County Community College General Campus Renovations.
(For text of concurrent resolution, see House Journal No. 33, p. 729.)
With the recommendation that the concurrent resolution be adopted.
The concurrent resolution was laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Pastor, Acciavatti, Kooiman, Stewart, Amos, Caswell, Farhat, Shaffer, Steil, Taub, Walker, Booher, Caul, Hansen, Kahn, Brown, Kolb, Sak, Cheeks, Williams, Plakas, Alma Smith, Gonzales, Hood and Murphy
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hummel, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, May 4, 2006
Present: Reps. Hummel, Pastor, Acciavatti, Kooiman, Stewart, Amos, Caswell, Farhat, Moolenaar, Shaffer, Steil, Taub, Walker, Booher, Caul, Hansen, Kahn, Brown, Kolb, Sak, Cheeks, Williams, Plakas, Alma Smith, Gonzales, Hood and Murphy
Absent: Reps. Brandenburg and Cushingberry
Excused: Reps. Brandenburg and Cushingberry
The Committee on Family and Children Services, by Rep. Stahl, Chair, reported
House Bill No. 5698, entitled
A bill to amend 1846 RS 84, entitled "Of divorce," (MCL 552.1 to 552.45) by adding section 5.
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. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.
Nays: None
The Committee on Family and Children Services, by Rep. Stahl, Chair, reported
House Bill No. 5699, entitled
A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending the title and sections 2, 3, and 3a (MCL 551.102, 551.103, and 551.103a), the title and section 2 as amended by 1998 PA 333, section 3 as amended by 1984 PA 346, and section 3a as amended by 1989 PA 270, and by adding sections 2a and 2b.
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. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.
Nays: None
The Committee on Family and Children Services, by Rep. Stahl, Chair, reported
House Bill No. 5700, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 263.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, line 10, by striking out all of enacting section 1.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.
Nays: None
The Committee on Family and Children Services, by Rep. Stahl, Chair, reported
House Bill No. 5701, entitled
A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending the title and sections 1, 2, 4, and 11 (MCL 722.21, 722.22, 722.24, and 722.31), the title as amended by 1996 PA 19, section 2 as amended by 2004 PA542, section 4 as amended by 1998 PA 482, and section 11 as added by 2000 PA 422, and by adding sections 5a, 5b, 5c, 5d, 5e, and 5f.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.
Nays: None
The Committee on Family and Children Services, by Rep. Stahl, Chair, reported
House Bill No. 5702, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16901, 16903, and 16905 (MCL 333.16901, 333.16903, and 333.16905), as added by 1995 PA 126.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.
Nays: None
The Committee on Family and Children Services, by Rep. Stahl, Chair, reported
House Bill No. 5703, entitled
A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending section 4 (MCL 551.104).
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. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.
Nays: None
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, May 3, 2006
Present: Reps. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.
The Committee on Local Government and Urban Policy, by Rep. Elsenheimer, Vice-Chair, reported
House Bill No. 5885, entitled
A bill to amend 1931 PA 285, entitled "An act to provide for city, village and municipal planning; the creation, organization, powers and duties of planning commissions; the regulation and subdivision of land; and to provide penalties for violation of the provisions of this act," by amending sections 7b, 8, and 8a (MCL 125.37b, 125.38, and 125.38a), sections 7b and 8a as added and section 8 as amended by 2001 PA 265.
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. Stakoe, Elsenheimer, Van Regenmorter, Nitz, Baxter, Schuitmaker, Donigan and Vagnozzi
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Elsenheimer, Vice-Chair, reported
House Bill No. 5886, entitled
A bill to amend 1959 PA 168, entitled "An act to provide for township planning; for the creation, organization, powers and duties of township planning commissions; for the regulation and subdivision of land; and to prescribe penalties and provide remedies," by amending sections 7b, 8, and 9 (MCL 125.327b, 125.328, and 125.329), section7b as added and sections 8 and 9 as amended by 2001 PA 263.
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. Stakoe, Elsenheimer, Van Regenmorter, Nitz, Baxter, Schuitmaker, Donigan and Vagnozzi
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Elsenheimer, Vice-Chair, of the Committee on Local Government and Urban Policy, was received and read:
Meeting held on: Thursday, May 4, 2006
Present: Reps. Stakoe, Elsenheimer, Van Regenmorter, Nitz, Baxter, Schuitmaker, Donigan and Vagnozzi
Absent: Reps. Robertson, Accavitti and Virgil Smith
Excused: Reps. Robertson, Accavitti and Virgil Smith
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, May 4:
House Bill Nos. 6028 6029 6030
Senate Bill No. 1242
The Clerk announced that the following Senate bills had been received on Thursday, May 4:
Senate Bill Nos. 1167 1168 1169
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 1167, entitled
A bill to amend 2000 PA 322, entitled "Julian-Stille value-added act," (MCL 285.301 to 285.304) by adding section2b; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Senate Bill No. 1168, entitled
A bill to amend 2000 PA 322, entitled "Julian-Stille value-added act," by amending the title and section 2 (MCL 285.302).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Senate Bill No. 1169, entitled
A bill to amend 2000 PA 322, entitled "Julian-Stille value-added act," (MCL 285.301 to 285.304) by adding section2a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Communications from State Officers
The following communication from the Auditor General was received and read:
May 2, 2006
Enclosed is a copy of the following audit report and/or report summary:
Performance audit of the Michigan State Disbursement Unit, Office of Child Support,
Department of Human Services
May 2006
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.
Introduction of Bills
Reps. Green, Kooiman, Gosselin, Wenke and Hansen introduced
House Bill No. 6031, entitled
A bill to amend 1980 PA 119, entitled "Motor carrier fuel tax act," by amending section 8 (MCL 207.218), as amended by 2004 PA 472.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Kahn, Ball, Gaffney, Accavitti, Green, David Law, Moore, Moolenaar, Vander Veen, Taub, Shaffer, Newell, Wojno and Condino introduced
House Bill No. 6032, entitled
A bill to amend 2000 PA 251, entitled "Patient's right to independent review act," by amending section 3 (MCL 550.1903).
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Ward, Farhat and Palsrok introduced
House Bill No. 6033, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 11 (MCL 388.1611), as amended by 2005 PA 155.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Huizenga, Baxter, David Law, Pavlov, Emmons, Jones, Green, Wenke, Schuitmaker, Palsrok, Hildenbrand, Marleau, Dillon, Meisner, Tobocman, Murphy, Hunter, Plakas, Mayes, Condino, Byrum, Byrnes, Mortimer, Casperson, Moore, Proos, Acciavatti, Ball and Cheeks introduced
House Bill No. 6034, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending section 3 (MCL 207.803), as amended by 2006 PA 21.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Baxter, Huizenga, David Law, Pavlov, Emmons, Jones, Green, Wenke, Schuitmaker, Palsrok, Hildenbrand, Marleau, Dillon, Meisner, Tobocman, Murphy, Hunter, Plakas, Mayes, Condino, Byrum, Byrnes, Mortimer, Casperson, Moore, Proos, Acciavatti, Ball and Cheeks introduced
House Bill No. 6035, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending section 3 (MCL 207.803), as amended by 2006 PA 117.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. LaJoy and Stahl introduced
House Bill No. 6036, entitled
A bill to amend 1987 PA 231, entitled "An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds," by amending sections 9, 10, and 11 (MCL 247.909, 247.910, and 247.911), as amended by 1993 PA 149, and by adding section 12b.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Hune introduced
House Bill No. 6037, entitled
A bill entering into the interstate insurance product regulation compact; and for related purposes.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Gaffney, Huizenga, Ward and Hune introduced
House Bill No. 6038, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2912i.
The bill was read a first time by its title and referred to the Committee on Tort Reform.
Reps. Newell, Nofs, Emmons, Caul, David Law, Steil, Shaffer, Pavlov, Proos, Hansen, Green, Marleau, Casperson, Moore, Huizenga, Stahl, Meyer, Sheltrown, Wenke, Walker, Caswell, Hildenbrand, Stakoe, Adamini, Farhat, Kahn, Vander Veen, Schuitmaker, Palsrok, Zelenko, Dillon, Mortimer, Taub, Van Regenmorter, Accavitti, Ball and Gaffney introduced
House Bill No. 6039, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2511.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Gillard, Anderson, Garfield, Tobocman, Bieda, Sheltrown, Plakas, Polidori, Vagnozzi, Gonzales, McDowell, Bennett and Cheeks introduced
House Bill No. 6040, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811k (MCL 257.811k), as added by 2000 PA 73.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Moore, David Law, Baxter, Rocca, Mortimer, Casperson and Farhat introduced
House Bill No. 6041, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending sections 261 and 268 (MCL 18.1261 and 18.1268), section 261 as amended by 2005 PA 91 and section 268 as added by 1988 PA 237, and by adding section 268a.
The bill was read a first time by its title and referred to the Committee on Commerce.
______
Rep. Pastor moved that the House adjourn.
The motion prevailed, the time being 12:55 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, May 9, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives