No. 46

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature


REGULAR SESSION OF 2006


House Chamber, Lansing, Thursday, May 11, 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--excused Sak--present

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

Anderson--present Farrah--present Lipsey--e/d/s 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--present

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

Condino--e/d/s Jones--present Pastor--present Waters--present

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

DeRoche--present Kolb--e/d/s Pearce--present Williams--present

Dillon--present Kooiman--present Plakas--present Wojno--present

Donigan--present LaJoy--present Polidori--present Zelenko--e/d/s

Drolet--present Law, David--present Proos--present

e/d/s = entered during session

Rep. Gary McDowell, from the 107th District, offered the following invocation:

"Let us take a moment to reflect on our responsibility today, what we can do to get our job done and the higher power we can call on to achieve great good for the people of Michigan.

May our hearts and minds be humble in spirit but lofty in goal and high in accomplishment.

We are from a state blessed with beauty, its lands and its people here long before us and long after us. As we have this moment to work, may we have humility and remember who we are representing.

We are leaders in a democracy, may we use this power to do what's right for this honorable state. May we put aside our individual concerns to fulfill our duties for the people of Michigan.

May those who face hardship in this state find comfort, as we as legislators do our part to ease that suffering.

And always, may we keep our thoughts and our thanks with those Americans fighting in foreign lands as well as their families here in Michigan. May our achievements today be worthy of all of those men and women who have sacrificed themselves for our sake. Amen."

______

Rep. Sak moved that Reps. Lemmons, III, Lemmons, Jr. and McConico be excused from today's session.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 1171, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 168 (MCL 750.168).

The bill was read a second time.

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1171, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 168 (MCL 750.168).

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

Roll Call No. 455 Yeas--97

Accavitti Elsenheimer Law, David Rocca

Acciavatti Emmons Law, Kathleen Sak

Adamini Espinoza Marleau Schuitmaker

Amos Farhat Mayes Shaffer

Anderson Farrah McDowell Sheen

Angerer Gaffney Meisner Sheltrown

Ball Garfield Meyer Smith, Alma

Baxter Gillard Miller Smith, Virgil

Bennett Gleason Moolenaar Spade

Bieda Gonzales Moore Stahl

Booher Gosselin Mortimer Stakoe

Brandenburg Green Murphy Steil

Brown Hansen Newell Stewart

Byrnes Hildenbrand Nitz Taub

Byrum Hood Nofs Tobocman

Casperson Hoogendyk Palmer Vagnozzi

Caswell Hopgood Palsrok Van Regenmorter

Caul Huizenga Pastor Vander Veen

Cheeks Hummel Pavlov Walker

Clack Hune Pearce Ward

Clemente Jones Plakas Waters

Cushingberry Kahn Polidori Wenke

DeRoche Kooiman Proos Williams

Dillon LaJoy Robertson Wojno

Donigan

Nays--1

Drolet

In The Chair: Kooiman

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

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

The House agreed to the full title.

______

Rep. Kolb entered the House Chambers.

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. 456 Yeas--98

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Leland Sak

Adamini Farhat Marleau Schuitmaker

Amos Farrah Mayes Shaffer

Anderson Gaffney McDowell Sheen

Angerer Garfield Meisner Sheltrown

Ball Gillard Meyer Smith, Alma

Baxter Gleason Miller Smith, Virgil

Bennett Gonzales Moolenaar Spade

Bieda Gosselin Moore Stahl

Booher Green Mortimer Stakoe

Brandenburg Hansen Murphy Steil

Brown Hildenbrand Newell Stewart

Byrnes Hood Nitz Taub

Casperson Hoogendyk Nofs Tobocman

Caswell Hopgood Palmer Vagnozzi

Caul Huizenga Palsrok Van Regenmorter

Cheeks Hummel Pastor Vander Veen

Clack Hune Pavlov Walker

Clemente Jones Pearce Ward

Cushingberry Kahn Plakas Waters

DeRoche Kolb Polidori Wenke

Dillon Kooiman Proos Williams

Donigan LaJoy Robertson Wojno

Elsenheimer Law, David

Nays--1

Drolet

In The Chair: Kooiman

Second Reading of Bills

Senate Bill No. 1199, entitled

A bill to allow the requiring of a permit before demonstrating outside of locations in which a funeral service is being held; to allow local units of government to prohibit certain conduct at or near the locations in which a funeral service is being held; to prescribe the powers and duties of certain local governments and officials; and to provide for penalties.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Veterans Affairs and Homeland Security (for amendment, see House Journal No. 45, p. 1087),

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.

______

Rep. Zelenko entered the House Chambers.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1199, entitled

A bill to allow the requiring of a permit before demonstrating outside of locations in which a funeral service is being held; to allow local units of government to prohibit certain conduct at or near the locations in which a funeral service is being held; to prescribe the powers and duties of certain local governments and officials; and to provide for penalties.

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

Roll Call No. 457 Yeas--99

Accavitti Emmons Law, Kathleen Sak

Acciavatti Espinoza Leland Schuitmaker

Adamini Farhat Marleau Shaffer

Amos Farrah Mayes Sheen

Anderson Gaffney McDowell Sheltrown

Angerer Garfield Meisner Smith, Alma

Ball Gillard Meyer Smith, Virgil

Baxter Gleason Miller Spade

Bennett Gonzales Moolenaar Stahl

Bieda Gosselin Moore Stakoe

Booher Green Mortimer Steil

Brandenburg Hansen Murphy Stewart

Brown Hildenbrand Newell Taub

Byrnes Hood Nitz Tobocman

Byrum Hoogendyk Nofs Vagnozzi

Casperson Hopgood Palmer Van Regenmorter

Caswell Huizenga Palsrok Vander Veen

Caul Hummel Pastor Walker

Cheeks Hune Pavlov Ward

Clack Jones Pearce Waters

Clemente Kahn Plakas Wenke

Cushingberry Kolb Polidori Williams

Dillon Kooiman Proos Wojno

Donigan LaJoy Robertson Zelenko

Elsenheimer Law, David Rocca

Nays--1

Drolet

In The Chair: Kooiman

The House agreed to the title of the bill.

Second Reading of Bills

Senate Bill No. 1229, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2003 PA 268.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1229, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2003 PA 268.

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

Roll Call No. 458 Yeas--99

Accavitti Emmons Law, Kathleen Sak

Acciavatti Espinoza Leland Schuitmaker

Adamini Farhat Marleau Shaffer

Amos Farrah Mayes Sheen

Anderson Gaffney McDowell Sheltrown

Angerer Garfield Meisner Smith, Alma

Ball Gillard Meyer Smith, Virgil

Baxter Gleason Miller Spade

Bennett Gonzales Moolenaar Stahl

Bieda Gosselin Moore Stakoe

Booher Green Mortimer Steil

Brandenburg Hansen Murphy Stewart

Brown Hildenbrand Newell Taub

Byrnes Hood Nitz Tobocman

Byrum Hoogendyk Nofs Vagnozzi

Casperson Hopgood Palmer Van Regenmorter

Caswell Huizenga Palsrok Vander Veen

Caul Hummel Pastor Walker

Cheeks Hune Pavlov Ward

Clack Jones Pearce Waters

Clemente Kahn Plakas Wenke

Cushingberry Kolb Polidori Williams

Dillon Kooiman Proos Wojno

Donigan LaJoy Robertson Zelenko

Elsenheimer Law, David Rocca

Nays--1

Drolet

In The Chair: Kooiman

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

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

The House agreed to the full title.

Rep. Waters moved that Rep. Virgil Smith be excused temporarily from today's session.

The motion prevailed.

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. 459 Yeas--98

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Leland Sak

Adamini Farhat Marleau Schuitmaker

Amos Farrah Mayes Shaffer

Anderson Gaffney McDowell Sheen

Angerer Garfield Meisner Sheltrown

Ball Gillard Meyer Smith, Alma

Baxter Gleason Miller Spade

Bennett Gonzales Moolenaar Stahl

Bieda Gosselin Moore Stakoe

Booher Green Mortimer Steil

Brandenburg Hansen Murphy Stewart

Brown Hildenbrand Newell Taub

Byrnes Hood Nitz Tobocman

Byrum Hoogendyk Nofs Vagnozzi

Casperson Hopgood Palmer Van Regenmorter

Caswell Huizenga Palsrok Vander Veen

Caul Hummel Pastor Walker

Cheeks Hune Pavlov Ward

Clack Jones Pearce Waters

Clemente Kahn Plakas Wenke

Cushingberry Kolb Polidori Williams

Dillon Kooiman Proos Wojno

Donigan LaJoy Robertson Zelenko

Elsenheimer Law, David

Nays--1

Drolet

In The Chair: Kooiman

Rep. Ward moved that Senate Bill No. 1199 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. 460 Yeas--99

Accavitti Elsenheimer Law, David Sak

Acciavatti Emmons Law, Kathleen Schuitmaker

Adamini Espinoza Leland Shaffer

Amos Farhat Marleau Sheen

Anderson Farrah Mayes Sheltrown

Angerer Gaffney McDowell Smith, Alma

Ball Garfield Meisner Smith, Virgil

Baxter Gillard Meyer Spade

Bennett Gleason Miller Stahl

Bieda Gonzales Moolenaar Stakoe

Booher Gosselin Moore Steil

Brandenburg Green Mortimer Stewart

Brown Hansen Newell Taub

Byrnes Hildenbrand Nitz Tobocman

Byrum Hood Nofs Vagnozzi

Casperson Hoogendyk Palmer Van Regenmorter

Caswell Hopgood Palsrok Vander Veen

Caul Huizenga Pastor Walker

Cheeks Hummel Pavlov Ward

Clack Hune Pearce Waters

Clemente Jones Plakas Wenke

Cushingberry Kahn Polidori Williams

DeRoche Kolb Proos Wojno

Dillon Kooiman Robertson Zelenko

Donigan LaJoy Rocca

Nays--1

Drolet

In The Chair: Kooiman

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5887, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 168 (MCL 750.168) and by adding section 167d.

(The bill was received from the Senate on May 3, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 4, see House Journal No. 42, p. 1000.)

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

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

Roll Call No. 461 Yeas--100

Accavitti Elsenheimer Law, David Rocca

Acciavatti Emmons Law, Kathleen Sak

Adamini Espinoza Leland Schuitmaker

Amos Farhat Marleau Shaffer

Anderson Farrah Mayes Sheen

Angerer Gaffney McDowell Sheltrown

Ball Garfield Meisner Smith, Alma

Baxter Gillard Meyer Smith, Virgil

Bennett Gleason Miller Spade

Bieda Gonzales Moolenaar Stahl

Booher Gosselin Moore Stakoe

Brandenburg Green Mortimer Steil

Brown Hansen Murphy Stewart

Byrnes Hildenbrand Newell Taub

Byrum Hood Nitz Tobocman

Casperson Hoogendyk Nofs Vagnozzi

Caswell Hopgood Palmer Van Regenmorter

Caul Huizenga Palsrok Vander Veen

Cheeks Hummel Pastor Walker

Clack Hune Pavlov Ward

Clemente Jones Pearce Waters

Cushingberry Kahn Plakas Wenke

DeRoche Kolb Polidori Williams

Dillon Kooiman Proos Wojno

Donigan LaJoy Robertson Zelenko

Nays--1

Drolet

In The Chair: Kooiman

______

Rep. Lipsey entered the House Chambers.

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. 462 Yeas--101

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Leland Sak

Adamini Farhat Lipsey Schuitmaker

Amos Farrah Marleau Shaffer

Anderson Gaffney Mayes Sheen

Angerer Garfield McDowell Sheltrown

Ball Gillard Meisner Smith, Alma

Baxter Gleason Meyer Smith, Virgil

Bennett Gonzales Miller Spade

Bieda Gosselin Moolenaar Stahl

Booher Green Moore Stakoe

Brandenburg Hansen Mortimer Steil

Brown Hildenbrand Murphy Stewart

Byrnes Hood Newell Taub

Byrum Hoogendyk Nitz Tobocman

Casperson Hopgood Nofs Vagnozzi

Caswell Huizenga Palmer Van Regenmorter

Caul Hummel Palsrok Vander Veen

Cheeks Hune Pastor Walker

Clack Jones Pavlov Ward

Clemente Kahn Pearce Waters

Cushingberry Kolb Plakas Wenke

DeRoche Kooiman Polidori Williams

Dillon LaJoy Proos Wojno

Donigan Law, David Robertson Zelenko

Elsenheimer

Nays--1

Drolet

In The Chair: Kooiman

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 5888, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2003 PA 268.

(The bill was received from the Senate on May 3, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 4, see House Journal No. 42, p. 1001.)

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

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

Roll Call No. 463 Yeas--101

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Leland Sak

Adamini Farhat Lipsey Schuitmaker

Amos Farrah Marleau Shaffer

Anderson Gaffney Mayes Sheen

Angerer Garfield McDowell Sheltrown

Ball Gillard Meisner Smith, Alma

Baxter Gleason Meyer Smith, Virgil

Bennett Gonzales Miller Spade

Bieda Gosselin Moolenaar Stahl

Booher Green Moore Stakoe

Brandenburg Hansen Mortimer Steil

Brown Hildenbrand Murphy Stewart

Byrnes Hood Newell Taub

Byrum Hoogendyk Nitz Tobocman

Casperson Hopgood Nofs Vagnozzi

Caswell Huizenga Palmer Van Regenmorter

Caul Hummel Palsrok Vander Veen

Cheeks Hune Pastor Walker

Clack Jones Pavlov Ward

Clemente Kahn Pearce Waters

Cushingberry Kolb Plakas Wenke

DeRoche Kooiman Polidori Williams

Dillon LaJoy Proos Wojno

Donigan Law, David Robertson Zelenko

Elsenheimer

Nays--1

Drolet

In The Chair: Kooiman

______

Rep. Condino entered the House Chambers.

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. 464 Yeas--101

Accavitti Elsenheimer Law, Kathleen Rocca

Acciavatti Emmons Leland Sak

Adamini Espinoza Lipsey Schuitmaker

Amos Farhat Marleau Shaffer

Anderson Farrah Mayes Sheen

Angerer Gaffney McDowell Sheltrown

Ball Garfield Meisner Smith, Alma

Baxter Gleason Meyer Smith, Virgil

Bennett Gonzales Miller Spade

Bieda Gosselin Moolenaar Stahl

Booher Green Moore Stakoe

Brandenburg Hansen Mortimer Steil

Brown Hildenbrand Murphy Stewart

Byrnes Hood Newell Taub

Byrum Hoogendyk Nitz Tobocman

Casperson Hopgood Nofs Vagnozzi

Caswell Huizenga Palmer Van Regenmorter

Caul Hummel Palsrok Vander Veen

Cheeks Hune Pastor Walker

Clack Jones Pavlov Ward

Clemente Kahn Pearce Waters

Condino Kolb Plakas Wenke

Cushingberry Kooiman Polidori Williams

DeRoche LaJoy Proos Wojno

Dillon Law, David Robertson Zelenko

Donigan

Nays--1

Drolet

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

______

Rep. Waters moved that Rep. Gillard be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 4171, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5739 (MCL 600.5739).

(The bill was received from the Senate on May 9, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 10, see House Journal No. 44, p. 1052.)

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

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

Roll Call No. 465 Yeas--102

Accavitti Drolet Law, Kathleen Rocca

Acciavatti Elsenheimer Leland Sak

Adamini Emmons Lipsey Schuitmaker

Amos Espinoza Marleau Shaffer

Anderson Farhat Mayes Sheen

Angerer Farrah McDowell Sheltrown

Ball Gaffney Meisner Smith, Alma

Baxter Garfield Meyer Smith, Virgil

Bennett Gleason Miller Spade

Bieda Gonzales Moolenaar Stahl

Booher Gosselin Moore Stakoe

Brandenburg Green Mortimer Steil

Brown Hansen Murphy Stewart

Byrnes Hildenbrand Newell Taub

Byrum Hood Nitz Tobocman

Casperson Hoogendyk Nofs Vagnozzi

Caswell Hopgood Palmer Van Regenmorter

Caul Huizenga Palsrok Vander Veen

Cheeks Hummel Pastor Walker

Clack Hune Pavlov Ward

Clemente Jones Pearce Waters

Condino Kahn Plakas Wenke

Cushingberry Kolb Polidori Williams

DeRoche Kooiman Proos Wojno

Dillon LaJoy Robertson Zelenko

Donigan Law, David

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

______

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

The motion prevailed.

The Speaker laid before the House

House Bill No. 5638, entitled

A bill to enter into the midwest interstate passenger rail compact to promote intergovernmental coordination aimed at development and promotion of intercity passenger rail transportation; to promote long-range planning for high-speed rail passenger service in the midwest; to describe the powers and duties of certain commissions; and to provide for ratification and a method of termination.

(The bill was received from the Senate on May 9, immediate effect given by the Senate and House granted immediate effect, see House Journal No. 44, p. 1074.)

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. 466 Yeas--84

Accavitti Emmons Lipsey Rocca

Acciavatti Espinoza Marleau Sak

Angerer Farhat Mayes Schuitmaker

Ball Farrah McDowell Shaffer

Bennett Gaffney Meisner Sheltrown

Bieda Gleason Meyer Spade

Booher Gonzales Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Vagnozzi

Caswell Huizenga Nitz Van Regenmorter

Caul Hummel Nofs Vander Veen

Cheeks Jones Palsrok Walker

Clack Kahn Pavlov Ward

Clemente Kolb Pearce Waters

DeRoche Kooiman Plakas Wenke

Dillon Law, David Polidori Williams

Donigan Law, Kathleen Proos Wojno

Elsenheimer Leland Robertson Zelenko

Nays--17

Adamini Cushingberry Hopgood Sheen

Amos Drolet Hune Smith, Alma

Anderson Garfield Palmer Smith, Virgil

Baxter Gosselin Pastor Tobocman

Condino

In The Chair: Kooiman

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

______

Rep. LaJoy, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 466. Had I been present, I would have voted 'yea'."

______

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

The motion prevailed.

The Speaker laid before the House

House Bill No. 5747, entitled

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

(The bill was received from the Senate on May 9, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 10, see House Journal No. 44, p. 1052.)

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

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

Roll Call No. 467 Yeas--101

Accavitti Drolet Law, David Rocca

Acciavatti Elsenheimer Law, Kathleen Sak

Adamini Emmons Leland Schuitmaker

Amos Espinoza Lipsey Shaffer

Anderson Farhat Marleau Sheen

Angerer Farrah Mayes Sheltrown

Ball Gaffney McDowell Smith, Alma

Baxter Garfield Meisner Smith, Virgil

Bennett Gleason Meyer Spade

Bieda Gonzales Miller Stahl

Booher Gosselin Moolenaar Stakoe

Brandenburg Green Moore Steil

Brown Hansen Mortimer Stewart

Byrnes Hildenbrand Newell Taub

Byrum Hood Nitz Tobocman

Casperson Hoogendyk Nofs Vagnozzi

Caswell Hopgood Palmer Van Regenmorter

Caul Huizenga Palsrok Vander Veen

Cheeks Hummel Pastor Walker

Clack Hune Pavlov Ward

Clemente Jones Pearce Waters

Condino Kahn Plakas Wenke

Cushingberry Kolb Polidori Williams

DeRoche Kooiman Proos Wojno

Dillon LaJoy Robertson Zelenko

Donigan

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

______

Rep. Ward moved that Reps. Newell and Marleau be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

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.

(The bill was received from the Senate on May 10, with immediate effect given by the Senate and was postponed for the day, see House Journal No. 45, p. 1082.)

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. 468 Yeas--98

Accavitti Elsenheimer Law, Kathleen Sak

Acciavatti Emmons Leland Schuitmaker

Adamini Espinoza Lipsey Shaffer

Amos Farhat Mayes Sheen

Anderson Farrah McDowell Sheltrown

Angerer Gaffney Meisner Smith, Alma

Ball Garfield Meyer Smith, Virgil

Baxter Gleason Miller Spade

Bennett Gonzales Moolenaar Stahl

Bieda Gosselin Moore Stakoe

Booher Green Mortimer Steil

Brandenburg Hansen Murphy Stewart

Byrnes Hildenbrand Nitz Taub

Byrum Hood Nofs Tobocman

Casperson Hoogendyk Palmer Vagnozzi

Caul Hopgood Palsrok Van Regenmorter

Cheeks Huizenga Pastor Vander Veen

Clack Hummel Pavlov Walker

Clemente Hune Pearce Ward

Condino Jones Plakas Waters

Cushingberry Kahn Polidori Wenke

DeRoche Kolb Proos Williams

Dillon Kooiman Robertson Wojno

Donigan LaJoy Rocca Zelenko

Drolet Law, David

Nays--1

Caswell

In The Chair: Kooiman

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

Rep. Marleau, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 468. Had I been present, I would have voted 'yea'."

Second Reading of Bills

House Bill No. 5955, entitled

A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in certain governmental units of this state; and to prescribe certain powers and duties of certain local governmental units and state agencies," by amending sections 1 and 3 (MCL 446.201 and 446.203), section 1 as amended by 2004 PA 585 and section 3 as amended by 2002 PA 469.

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

The motion prevailed.

House Bill No. 5956, entitled

A bill to amend 1945 PA 231, entitled "An act to prescribe additional regulations and requirements for pawnbrokers, secondhand dealers and junk dealers; to provide for the taking of fingerprints and the making of reports to enforcement officers; to prescribe penalties for the violation of the provisions of this act; and to declare the effect of this act," by amending sections 1 and 6 (MCL 445.471 and 445.476).

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

The motion prevailed.

House Bill No. 5957, entitled

A bill to amend 1917 PA 350, entitled "An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act," by amending sections 1 and 3 (MCL 445.401 and 445.403).

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

The motion prevailed.

House Bill No. 5958, entitled

A bill to amend 1981 PA 95, entitled "The precious metal and gem dealer act," by amending sections 2 and 3 (MCL 445.482 and 445.483), section 2 as amended by 1990 PA 34.

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

The motion prevailed.

House Bill No. 5172, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 6 (MCL 169.206), as amended by 2003 PA 69, and by adding section 48.

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

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

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

The motion prevailed.

House Bill No. 5937, entitled

A bill to regulate persons who receive contributions for purposes of defending elected officials from criminal, civil, and administrative actions; to regulate contributions made for purposes of defending elected officials from criminal, civil, and administrative actions; to require certain reports to be filed; to prescribe certain powers and duties of the secretary of state; and to prescribe penalties and civil sanctions.

The bill was read a second time.

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

The motion prevailed.

______

Rep. Hunter entered the House Chambers.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Hoogendyk, Proos, Nitz, Shaffer, Baxter, Brandenburg, Caul, Gosselin, Jones, Kooiman, Marleau, Meyer, Moolenaar, Mortimer, Palmer, Pearce, Sheen, Stahl, Taub and Vander Veen offered the following resolution:

House Resolution No. 263.

A resolution to memorialize the Congress of the United States to enact the Broadcast Decency Enforcement Act.

Whereas, Parents, educators, and policymakers across the country have expressed serious concerns over the material that is broadcast into American homes by television and radio each day. This concern continues even in the face of efforts of the Federal Communications Commission (FCC) to enforce standards to prevent the presentation of obscene, indecent, and profane material over public airwaves; and

Whereas, In spite of a number highly publicized incidents and considerable public discussion about the amount of objectionable material on television and radio, programming readily available for children to see or hear remains rife with graphic sexuality, profanity, and indecency. In the face of efforts to enforce standards, four major television networks recently filed suit against the FCC over its efforts to fine the networks for ignoring clear standards of decency in broadcasts; and

Whereas, Congress has before it the Broadcast Decency Enforcement Act, H.R. 310. This legislation would increase penalties for violations by television and radio stations that broadcast obscene, indecent, or profane material. This measure would also authorize the FCC to require violators to broadcast public service announcements that serve the educational needs of children to audiences that are larger than those who saw the offensive material. The legislation also directs the FCC to treat subsequent offenses as serious violations when broadcast license renewals are considered and to pursue license revocation after 3 violations; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact the Broadcast Decency Enforcement Act to increase penalties for violations of broadcast decency standards and to require the Federal Communications Commission to take actions to increase accountability; 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 Energy and Technology.

Reps. Walker, Ball, Baxter, Booher, Brandenburg, Brown, Caul, Clack, Cushingberry, Elsenheimer, Farhat, Gleason, Gosselin, Hildenbrand, Jones, Kooiman, David Law, Lipsey, Marleau, Mayes, McDowell, Meyer, Moolenaar, Mortimer, Murphy, Nitz, Palmer, Pearce, Proos, Sak, Alma Smith, Stahl, Taub, Tobocman, Vander Veen and Zelenko offered the following resolution:

House Resolution No. 264.

A resolution celebrating the 50th anniversary of the Northwestern Michigan College's annual barbecue in Traverse City, Michigan.

Whereas, Northwestern Michigan College (NMC) hosts an annual barbecue each May on their beautiful campus, welcoming the state of Michigan to their college; and

Whereas, Over 500 volunteers donate energy, time, and enthusiasm to make the annual NMC barbecue a success; and

Whereas, Over 10,000 Michiganians attend the barbecue each year, continuing the tradition in Traverse City that NMC is a college built by the community for the community; and

Whereas, Local grocer Gerald Oleson and his wife Frances started the annual picnic in 1956 by asking the community if they would help with the event if he donated the food. Over 4,900 people attended the first event making the barbecue a huge success; and

Whereas, Oleson's Food Stores have donated the food for every barbecue since that first one, serving over 2,000 pounds each of buffalo meat, potato salad, and baked beans at every barbecue; and

Whereas, The annual NMC barbecue has raised more than 1.3 million dollars for projects at the college, including facilities like the NMC Dennos Museum Center, the NMC University Center, classroom equipment to enhance learning, and programs that contribute to education for the community; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body celebrate the 50th anniversary of the Northwestern Michigan College's annual barbecue in Traverse City, Michigan. We also recognize the Oleson Family for their foresight and generosity for the past 50 years.

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 Local Government and Urban Policy, by Rep. Stakoe, Chair, reported

House Bill No. 5529, entitled

A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and certain cities; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal acts and parts of acts," by amending section 11 (MCL 41.811), as amended by 2004 PA 464.

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. Stakoe, Elsenheimer, Robertson, Nitz, Baxter, Schuitmaker, Accavitti, Donigan, Vagnozzi and Virgil Smith

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stakoe, Chair, of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Thursday, May 11, 2006

Present: Reps. Stakoe, Elsenheimer, Robertson, Nitz, Baxter, Schuitmaker, Accavitti, Donigan, Vagnozzi and Virgil Smith

Absent: Rep. Van Regenmorter

Excused: Rep. Van Regenmorter

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Palsrok, Chair, of the Committee on Natural Resources, Great Lakes, Land Use, and Environment, was received and read:

Meeting held on: Thursday, May 11, 2006

Present: Reps. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Elsenheimer, Pearce, Gillard, Miller, Byrnes, Kathleen Law, Bennett and Donigan

Absent: Reps. Ward and Moore

Excused: Reps. Ward and Moore

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 11:

House Bill Nos. 6044 6045 6046 6047 6048 6049 6050 6051

Senate Bill Nos. 1259 1260

The Clerk announced that the following Senate bills had been received on Thursday, May 11:

Senate Bill Nos. 689 1106 1172 1198 1202

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4138, entitled

A bill to provide for standards of accessibility for certain publicly funded housing; and to provide for certain powers and duties of certain state authorities.

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

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

Senate Bill No. 689, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts," (MCL 691.1401 to 691.1419) by adding section 7c.

The Senate has passed the bill.

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

Senate Bill No. 1106, 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 sections 2, 3, and 3a (MCL 551.102, 551.103, and 551.103a), section 2 as amended by 1998 PA 333, section 3 as amended by 1984 PA 346, and section 3a as amended by 1989 PA270.

The Senate has passed the bill.

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

Senate Bill No. 1172, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 301, 401, and 717 (MCL 484.1301, 484.1401, and 484.1717), section 301 as amended by 1994 PA 29, section 401 as amended by 1999 PA 81, and section 717 as added by 1999 PA 79, and by adding section 413.

The Senate has passed the bill.

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

Senate Bill No. 1198, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 111l.

The Senate has passed the bill.

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

Senate Bill No. 1202, entitled

A bill to amend 2004 PA 452, entitled "Identity theft protection act," by amending section 5 (MCL 445.65) and by adding section 5a.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Moore, Nofs, Meyer, Caul and Casperson introduced

House Bill No. 6052, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 32l and 37 (MCL 388.1632l and 388.1637), section 32l as added and section 37 as amended by 2005 PA 155.

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

Reps. Tobocman, Lipsey, Condino, Gaffney, Bieda, Vagnozzi and McConico introduced

House Bill No. 6053, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 3, 5, 7, 10, and 11 (MCL 169.203, 169.205, 169.207, 169.210, and 169.211), section 3 as amended by 1989 PA 95, section 5 as amended by 1999 PA 237, section 7 as amended by 2001 PA 250, and section 11 as amended by 1996 PA 590, and by adding sections 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 103, 105, 107, 108, and 109.

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

Rep. Cushingberry introduced

House Bill No. 6054, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 43a (MCL 38.1343a), as amended by 2002 PA 94.

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

Reps. Casperson, Farhat, Elsenheimer, Brown, Adamini, Moore, Hansen, Hummel, Taub, LaJoy, Marleau, Emmons, Hildenbrand, Pearce and Stakoe introduced

House Bill No. 6055, entitled

A bill to create the state facility authority; to create certain state authorities; to create funds and accounts; to prescribe the powers and duties of the authority; to operate certain facilities; and to prescribe the powers and duties of certain state and local officials.

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

Reps. Walker, Stahl, Meyer and Nitz introduced

House Bill No. 6056, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 1606 and 83107 (MCL 324.1606 and 324.83107), section 1606 as amended by 2000 PA 414 and section 83107 as added by 1998 PA 418.

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

Reps. Stahl, Walker, Meyer and Nitz introduced

House Bill No. 6057, entitled

A bill to amend 1931 PA 189, entitled "The insect pest and plant disease act," by amending section 2 (MCL 286.202).

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

Reps. Booher, Walker, Stahl, Meyer and Nitz introduced

House Bill No. 6058, entitled

A bill to amend 1945 PA 72, entitled "An act to prevent the importation from other states, and the spread within this state, of all serious insect pests and contagious plant diseases and to provide for their repression and control, imposing certain powers and duties on the commissioner of agriculture; to prescribe penalties for the violation of the provisions of this act; and to repeal certain acts and parts of acts," (MCL 286.251 to 286.260) by adding section 11.

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

Notices

Rep. Cushingberry, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 437-454. Had I been present, I would have voted 'yea' on Roll Call Nos. 437-439 and 441-454 and 'nay' on Roll Call No. 440."

______

Rep. Nofs moved that the House adjourn.

The motion prevailed, the time being 12:05 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, May 16, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives