No. 60
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2006
House Chamber, Lansing, Wednesday, June 14, 2006.
1:00 p.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.--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--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--excused 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--present Kahn--present Pavlov--present Wenke--present
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. Brian Palmer, from the 36th District, offered the following invocation:
"Heavenly Father, remind us each day that, of all the gifts You give us, the greatest gift is love. It is not enough to share that love with those we hold dear. Open our hearts not to just those that are close to us, but to all humanity. Let us be slow to judge and quick to forgive, show patience, empathy and love.
In our deliberations, let us not forget that it is through You that we live, through You that we govern, and through You that we show mercy toward our fellow man. You give us life. You alone take life away. Help us to remember that we are all God's children, that we all have dignity, even those we deem to be the most reprehensible among us.
Help us to forgive those who have wronged us, and help us to pray for them. Give us the strength to make the difficult decisions we face every day, and to use all of our gifts and talents to make our State and our communities better places to live, work and to raise our families.
In the name of our Lord Jesus Christ, we pray. Amen."
______
Rep. Palmer moved that Rep. Casperson be excused from today's session.
The motion prevailed.
Rep. Sak moved that Rep. Lemmons, III be excused from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5914, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 135a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Judiciary,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Amos moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5915, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2002 PA 630.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 54, p. 1437),
The amendment 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. 6116, entitled
A bill to amend 1959 PA 54, entitled "An act to provide for the disposition and sale of certain stolen property recovered by any county sheriff; and to provide for the disposition of the proceeds of sale and certain other property," by amending section 1 (MCL 434.171), as amended by 1984 PA 257.
The bill was read a second time.
Rep. Stakoe moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1120, entitled
A bill to amend 1957 PA 185, entitled "An act to authorize the establishing of a department and board of public works in counties; to prescribe the powers and duties of any municipality subject to the provisions of this act; to authorize the incurring of contract obligations and the issuance and payment of bonds or notes; to provide for a pledge by a municipality of its full faith and credit and the levy of taxes without limitation as to rate or amount to the extent necessary; to validate obligations issued; and to prescribe a procedure for special assessments and condemnation," by amending sections 13 and 25 (MCL 123.743 and 123.755), section 25 as amended by 2002 PA 407.
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.
House Bill No. 6005, entitled
A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending section 3b (MCL 125.1653b), as amended by 1993 PA 323.
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
House Bill No. 6005, entitled
A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending section 3b (MCL 125.1653b), as amended by 1993 PA 323.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 681 Yeas--105
Accavitti Emmons Law, Kathleen Robertson
Acciavatti Espinoza Leland Rocca
Adamini Farhat Lemmons, Jr. Sak
Amos Farrah Lipsey Schuitmaker
Anderson Gaffney Marleau Shaffer
Angerer Garfield Mayes Sheen
Ball Gillard McConico Sheltrown
Baxter Gleason McDowell Smith, Alma
Bennett Gonzales Meisner Smith, Virgil
Bieda Gosselin Meyer Spade
Booher Green Miller Stahl
Brandenburg Hansen Moolenaar Stakoe
Brown Hildenbrand Moore Steil
Byrnes Hood Mortimer Stewart
Byrum Hoogendyk Murphy Taub
Caswell Hopgood Newell Tobocman
Caul Huizenga Nitz Vagnozzi
Cheeks Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kahn Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
Elsenheimer
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
House Bill No. 5132, entitled
A bill to amend 1982 PA 540, entitled "Library of Michigan act," by amending section 9 (MCL 397.19), as amended by 1983 PA 114.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 682 Yeas--105
Accavitti Emmons Law, Kathleen Robertson
Acciavatti Espinoza Leland Rocca
Adamini Farhat Lemmons, Jr. Sak
Amos Farrah Lipsey Schuitmaker
Anderson Gaffney Marleau Shaffer
Angerer Garfield Mayes Sheen
Ball Gillard McConico Sheltrown
Baxter Gleason McDowell Smith, Alma
Bennett Gonzales Meisner Smith, Virgil
Bieda Gosselin Meyer Spade
Booher Green Miller Stahl
Brandenburg Hansen Moolenaar Stakoe
Brown Hildenbrand Moore Steil
Byrnes Hood Mortimer Stewart
Byrum Hoogendyk Murphy Taub
Caswell Hopgood Newell Tobocman
Caul Huizenga Nitz Vagnozzi
Cheeks Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kahn Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
Elsenheimer
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
______
Rep. Sak moved that Rep. Lipsey be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 582, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 46 and 49 (MCL 24.246 and 24.249), section 46 as amended by 1999 PA 262 and section 49 as amended by 2004 PA 23.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 683 Yeas--104
Accavitti Elsenheimer Law, David Robertson
Acciavatti Emmons Law, Kathleen Rocca
Adamini Espinoza Leland Sak
Amos Farhat Lemmons, Jr. Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Caswell Hoogendyk Newell Tobocman
Caul Hopgood Nitz Vagnozzi
Cheeks Huizenga Nofs Van Regenmorter
Clack Hummel Palmer Vander Veen
Clemente Hune Palsrok Walker
Condino Hunter Pastor Ward
Cushingberry Jones Pavlov Waters
DeRoche Kahn Pearce Wenke
Dillon Kolb Plakas Williams
Donigan Kooiman Polidori Wojno
Drolet LaJoy Proos Zelenko
Nays--0
In The Chair: Kooiman
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,"
The House agreed to the full title.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 684 Yeas--104
Accavitti Elsenheimer Law, David Robertson
Acciavatti Emmons Law, Kathleen Rocca
Adamini Espinoza Leland Sak
Amos Farhat Lemmons, Jr. Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Caswell Hoogendyk Newell Tobocman
Caul Hopgood Nitz Vagnozzi
Cheeks Huizenga Nofs Van Regenmorter
Clack Hummel Palmer Vander Veen
Clemente Hune Palsrok Walker
Condino Hunter Pastor Ward
Cushingberry Jones Pavlov Waters
DeRoche Kahn Pearce Wenke
Dillon Kolb Plakas Williams
Donigan Kooiman Polidori Wojno
Drolet LaJoy Proos Zelenko
Nays--0
In The Chair: Kooiman
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to prohibit certain acts and practices concerning identity theft; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,"
The House agreed to the full title.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5581, entitled
A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 31 (MCL 257.1831).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 685 Yeas--104
Accavitti Elsenheimer Law, David Robertson
Acciavatti Emmons Law, Kathleen Rocca
Adamini Espinoza Leland Sak
Amos Farhat Lemmons, Jr. Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Caswell Hoogendyk Newell Tobocman
Caul Hopgood Nitz Vagnozzi
Cheeks Huizenga Nofs Van Regenmorter
Clack Hummel Palmer Vander Veen
Clemente Hune Palsrok Walker
Condino Hunter Pastor Ward
Cushingberry Jones Pavlov Waters
DeRoche Kahn Pearce Wenke
Dillon Kolb Plakas Williams
Donigan Kooiman Polidori Wojno
Drolet LaJoy Proos Zelenko
Nays--0
In The Chair: Kooiman
The question being on agreeing to the title of the bill,
Rep. Ward moved to amend the title to read as follows:
A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 55 (MCL 257.1855), as amended by 2006 PA 108.
The motion prevailed.
The House agreed to the title as amended.
______
Rep. Lipsey, 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. 683-685. Had I been present, I would have voted 'yea'."
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Sheen, Chair, reported
House Bill No. 6183, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 38g and 39c (MCL 208.38g and 208.39c), section 38g as amended by 2006 PA 112 and section 39c as amended by 2006 PA 53.
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. Sheen, Meyer, Gosselin, Newell, Hoogendyk, Stakoe, Jones, Marleau, Bieda, Farrah, Zelenko, Miller, Meisner, Bennett and Mayes
Nays: None
Second Reading of Bills
House Bill No. 6183, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 38g and 39c (MCL 208.38g and 208.39c), section 38g as amended by 2006 PA 112 and section 39c as amended by 2006 PA 53.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Steil 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. 6183, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 38g and 39c (MCL 208.38g and 208.39c), section 38g as amended by 2006 PA 112 and section 39c as amended by 2006 PA 53.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 686 Yeas--105
Accavitti Emmons Law, Kathleen Robertson
Acciavatti Espinoza Leland Rocca
Adamini Farhat Lemmons, Jr. Sak
Amos Farrah Lipsey Schuitmaker
Anderson Gaffney Marleau Shaffer
Angerer Garfield Mayes Sheen
Ball Gillard McConico Sheltrown
Baxter Gleason McDowell Smith, Alma
Bennett Gonzales Meisner Smith, Virgil
Bieda Gosselin Meyer Spade
Booher Green Miller Stahl
Brandenburg Hansen Moolenaar Stakoe
Brown Hildenbrand Moore Steil
Byrnes Hood Mortimer Stewart
Byrum Hoogendyk Murphy Taub
Caswell Hopgood Newell Tobocman
Caul Huizenga Nitz Vagnozzi
Cheeks Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kahn Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos 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 1975 PA 228, entitled "Single business tax act," by amending sections 38g, 39c, and 71 (MCL 208.38g, 208.39c, and 208.71), section 38g as amended by 2006 PA 112, section 39c as amended by 2006 PA 53, and section 71 as amended by 1999 PA 115.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5562, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 541 (MCL 436.1541).
(The bill was received from the Senate on June 8, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 13, see House Journal No. 58, p. 1529.)
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. 687 Yeas--98
Accavitti Elsenheimer Leland Rocca
Acciavatti Emmons Lemmons, Jr. Sak
Adamini Espinoza Lipsey Schuitmaker
Amos Farhat Mayes Shaffer
Anderson Farrah McConico Sheen
Angerer Gaffney McDowell Sheltrown
Ball Gillard Meisner Smith, Alma
Baxter Gleason Meyer Smith, Virgil
Bennett Gonzales Miller Spade
Bieda Green Moolenaar Stahl
Booher Hansen Moore Stakoe
Brandenburg Hildenbrand Mortimer Steil
Brown Hoogendyk Murphy Stewart
Byrnes Hopgood Newell Tobocman
Byrum Huizenga Nitz Vagnozzi
Caswell Hummel Nofs Van Regenmorter
Caul Hune Palmer Vander Veen
Cheeks Hunter Palsrok Walker
Clack Jones Pastor Ward
Clemente Kahn Pavlov Waters
Cushingberry Kolb Plakas Wenke
DeRoche Kooiman Polidori Williams
Dillon LaJoy Proos Wojno
Donigan Law, David Robertson Zelenko
Drolet Law, Kathleen
Nays--7
Condino Gosselin Marleau Taub
Garfield Hood Pearce
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6110, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 74126.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-3) made to the bill by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 688 Yeas--105
Accavitti Emmons Law, Kathleen Robertson
Acciavatti Espinoza Leland Rocca
Adamini Farhat Lemmons, Jr. Sak
Amos Farrah Lipsey Schuitmaker
Anderson Gaffney Marleau Shaffer
Angerer Garfield Mayes Sheen
Ball Gillard McConico Sheltrown
Baxter Gleason McDowell Smith, Alma
Bennett Gonzales Meisner Smith, Virgil
Bieda Gosselin Meyer Spade
Booher Green Miller Stahl
Brandenburg Hansen Moolenaar Stakoe
Brown Hildenbrand Moore Steil
Byrnes Hood Mortimer Stewart
Byrum Hoogendyk Murphy Taub
Caswell Hopgood Newell Tobocman
Caul Huizenga Nitz Vagnozzi
Cheeks Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kahn Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
Elsenheimer
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.
Second Reading of Bills
House Bill No. 6072, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2947 (MCL 600.2947), as amended by 1995 PA 249.
The bill was read a second time.
Rep. Elsenheimer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4160, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8401 (MCL 600.8401), as amended by 1999 PA 27.
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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca and Lipsey
Nays: Reps. Condino, McConico, Bieda and Virgil Smith
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 5800, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 20g (MCL 791.220g), as amended by 2000 PA 211.
With the recommendation that the substitute (H-4) 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. Van Regenmorter, Schuitmaker, Newell, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico, Bieda and Virgil Smith
Nays: Rep. Nofs
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 5967, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending sections 36 and 40a (MCL 791.236 and 791.240a), section 36 as amended by 2003 PA 75 and section 40a as amended by 1993 PA 346.
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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini and Bieda
Nays: None
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 5970, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 7 (MCL 24.207), as amended by 2000 PA 216.
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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico and Bieda
Nays: None
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 6009, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 625 (MCL 257.625), as amended by 2004 PA 62.
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. Van Regenmorter, Schuitmaker, Newell, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico and Bieda
Nays: None
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 6135, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17f of chapter XVII (MCL 777.17f), as added by 2002 PA 28.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, following line 3, by inserting:
"Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted." and renumbering the remaining enacting section.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Van Regenmorter, Schuitmaker, Nofs, Stakoe, Jones, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith
Nays: None
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 420, entitled
A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending section 7b (MCL 722.27b), as amended by 2004 PA 542.
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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico, Bieda and Virgil Smith
Nays: None
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 1046, entitled
A bill to create a rebuttable presumption regarding the use of self-defense or the defense of others.
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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Adamini and Bieda
Nays: Reps. Lipsey, Condino and McConico
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 1185, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2922c.
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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Adamini and Bieda
Nays: Reps. Lipsey, Condino, McConico and Virgil Smith
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 1282, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2003 PA 311.
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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico, Bieda and Virgil Smith
Nays: None
Second Reading of Bills
House Bill No. 5800, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 20g (MCL 791.220g), as amended by 2000 PA 211.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Judiciary,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Hansen moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1282, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2003 PA 311.
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 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. LaJoy, David Law, Accavitti, Adamini, Anderson, Ball, Baxter, Bieda, Booher, Brandenburg, Brown, Byrnes, Cushingberry, Elsenheimer, Farrah, Garfield, Gillard, Gleason, Gonzales, Gosselin, Hansen, Hildenbrand, Hopgood, Jones, Kolb, Kathleen Law, Lemmons, Jr., Lipsey, Marleau, Meyer, Miller, Mortimer, Murphy, Nitz, Pearce, Polidori, Proos, Sak, Schuitmaker, Shaffer, Sheltrown, Alma Smith, Stakoe, Stewart, Taub, Tobocman, Waters and Zelenko offered the following resolution:
House Resolution No. 273.
A resolution congratulating Tanith Belbin and Ben Agosto for their silver medal at the 2006 Winter Olympic Games in Ice Dancing.
Whereas, It is a great honor and privilege to salute Tanith Belbin and Ben Agosto. Tanith and Ben won the silver medal for ice dancing in the 2006 Olympic Games in Torino, Italy. This is the first ice dancing medal for the United States since 1976. It is our honor that these great athletes have selected the Arctic Edge in Canton, Michigan for their training; and
Whereas, During their journey to becoming Olympic medalists, Tanith and Ben put in many hours of practice and endured many obstacles, for example Tanith's United States citizenship eligibility status. This was corrected with the help of U.S. Senator Carl Levin and U.S. Congressman Thaddeus McCotter who, with an act of Congress signed on December 30, 2005, made it possible for them to skate for the United States; and
Whereas, Tanith and Ben are no strangers to success, they have competed in 41 events since beginning their training and have placed fifth or better in 37 of those events. In addition, they have brought home such victories as three Junior Grand Prix titles, two World Junior championships, the Cup of China, the Nehellhorn Trophy, three championships from the Smart One Skate America, three State Farm U.S. championships, and three Four Continent championships. Most recently, they brought home the bronze medal from the 2006 World Championships; and
Whereas, Not only superior athletes, Tanith and Ben are excellent humanitarians. When the devastating tsunami hit Southeast Asia, they sponsored a fundraiser named the "Skate-Aid". The fundraiser raised nearly $35,000 for the American Red Cross to assist with their efforts in tsunami relief; and
Whereas, In March of 2006, Tanith and Ben taught 350 children the fundamentals of skating as part of the first ever Marshall's Skate Fest. The basic skills program allowed children to discover the joys of skating. Tanith and Ben's dedication to the future skaters of our country speaks volumes about their commitment to this sport; and
Whereas, While the entrance street into Canton's Arctic Edge is now rightfully named "Ben and Tanith Drive," we would also like to express our gratitude; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body congratulate Tanith Belbin and Ben Agosto for their silver medal at the 2006 Winter Olympic Games in Ice Dancing; and be it further
Resolved, That copies of this resolution be transmitted to Ms. Belbin and Mr. Agosto in recognition of their outstanding accomplishments.
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.
Reps. Gillard, Accavitti, Adamini, Anderson, Ball, Bieda, Brandenburg, Brown, Byrnes, Byrum, Clack, Cushingberry, Farrah, Gleason, Gonzales, Gosselin, Hildenbrand, Hopgood, Jones, Kolb, Kathleen Law, Leland, Lemmons, Jr., Lipsey, Marleau, Meisner, Meyer, Miller, Mortimer, Murphy, Nitz, Pearce, Plakas, Polidori, Proos, Sak, Schuitmaker, Shaffer, Sheltrown, Alma Smith, Spade, Stewart, Tobocman, Vagnozzi, Waters and Zelenko offered the following resolution:
House Resolution No. 274.
A resolution recognizing September 18-24, 2006, as Pollution Prevention Week in the state of Michigan.
Whereas, Pollution prevention is a priority in achieving environmental quality in the state of Michigan. The people of Michigan are proud of our state's beauty, natural resources, and environment, yet the presence of pollutants continue to pose a threat to our environment, public health, and safety; and
Whereas, Pollution prevention is a fundamental strategy to protect the environment and maintain the health and safety of workers in the workplace by stopping pollution before it occurs. Pollution prevention can increase industrial efficiency, competitiveness, and help Michigan develop both a "bio-economy" and green businesses with clean and pollution-free technology that can save businesses money; and
Whereas, Pollution prevention helps Michigan meet the challenges of having both a sustainable environment and healthy economy for its citizens and businesses; and
Whereas, We support pollution prevention as a means to promote environmental stewardship which improves our communities and protects our natural resources for future generations; and
Whereas, Pollution Prevention Week is an opportunity for the people of Michigan to join together for a clean and vibrant Michigan by taking action to reduce waste at its source. Where this is not feasible, we need to identify opportunities to reuse and recycle; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize September 18-24, 2006, as Pollution Prevention Week in the state of Michigan. We commend all businesses and community members who participate in local and regional celebratory and educational activities; and be it further
Resolved, That a copy of this resolution be provided for Michigan residents on the Michigan Department of Environmental Quality Web site as evidence of our support.
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 Agriculture, by Rep. Nitz, Chair, reported
Senate Bill No. 900, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8c (MCL 125.2688c), as amended by 2003 PA 93.
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. Nitz, Ball, Newell, Stahl, Proos, Mayes, Spade, Kathleen Law and Sheltrown
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Nitz, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Tuesday, June 13, 2006
Present: Reps. Nitz, Ball, Newell, Stahl, Proos, Mayes, Spade, Kathleen Law and Sheltrown
Absent: Reps. Casperson and Hune
Excused: Reps. Casperson and Hune
The Committee on Tax Policy, by Rep. Sheen, Chair, reported
Senate Bill No. 1004, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27a (MCL 211.27a), as amended by 2005 PA 23.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Sheen, Meyer, Gosselin, Newell, Hoogendyk, Stakoe, Jones, Marleau, Bieda, Farrah, Zelenko, Miller, Meisner, Bennett and Mayes
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheen, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, June 14, 2006
Present: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Marleau, Bieda, Farrah, Zelenko, Miller, Meisner, Bennett and Mayes
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4861, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 224 and 224d (MCL 750.224 and 750.224d), section 224 as amended by 1991 PA 33 and section 224d as amended by 1992 PA 4.
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. Van Regenmorter, Schuitmaker, Newell, Stakoe, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico and Bieda
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Van Regenmorter, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, June 14, 2006
Present: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico, Bieda and Virgil Smith
The Committee on Education, by Rep. Palmer, Chair, reported
House Bill No. 4264, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 475.
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Ball, Hildenbrand, Pearce, Proos, Robertson and Virgil Smith
Nays: Reps. Wenke, Miller and Vagnozzi
The Committee on Education, by Rep. Palmer, Chair, reported
House Bill No. 5279, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1531g.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Virgil Smith, Clack, Vagnozzi and Polidori
Nays: None
The Committee on Education, by Rep. Palmer, Chair, reported
Senate Bill No. 443, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1531g.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Virgil Smith, Clack, Vagnozzi and Polidori
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palmer, Chair, of the Committee on Education, was received and read:
Meeting held on: Wednesday, June 14, 2006
Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Hildenbrand, Pearce, Proos, Robertson, Hopgood, Miller, Angerer, Virgil Smith, Clack, Vagnozzi and Polidori
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wenke, Chair, of the Committee on Higher Education and Career Preparation, was received and read:
Meeting held on: Tuesday, June 13, 2006
Present: Reps. Wenke, Emmons, Palmer, Byrnes, Lipsey and Spade
Absent: Rep. Ward
Excused: Rep. Ward
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: Tuesday, June 13, 2006
Present: Reps. Palsrok, Pavlov, Palmer, LaJoy, Moore, Pearce, Gillard, Byrnes, Kathleen Law and Bennett
Absent: Reps. Meyer, Ward, Elsenheimer, Miller and Donigan
Excused: Reps. Meyer, Ward, Elsenheimer, Miller and Donigan
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Nofs, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Wednesday, June 14, 2006
Present: Reps. Nofs, Proos, Drolet, Emmons, Garfield, Huizenga, LaJoy, Palsrok, Stahl, Baxter, Schuitmaker, Dillon, Accavitti, Mayes, Hunter, Hopgood, Clemente and Gillard
Absent: Rep. Moore
Excused: Rep. 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 Wednesday, June 14:
House Bill Nos. 6188 6189 6190 6191
Senate Bill Nos. 1299 1300 1301 1302
The Clerk announced that the following Senate bill had been received on Wednesday, June 14:
Senate Bill No. 1127
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5061, entitled
A bill to amend 1976 PA 390, entitled "Emergency management act," (MCL 30.401 to 30.421) by amending the title, as amended by 1990 PA 50, and by adding section 11a.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 1127, entitled
A bill to amend 1941 PA 205, entitled "An act to provide for the construction, establishment, opening, use, discontinuing, vacating, closing, altering, improvement, and maintenance of limited access highways and facilities ancillary to those highways; to permit the acquiring of property and property rights and the closing or other treatment of intersecting roads for these purposes; to provide for the borrowing of money and for the issuing of bonds or notes payable from special funds for the acquisition, construction or improvement of such highways; and to provide for the receipt and expenditure of funds generated from the facilities," by amending section 2 (MCL 252.52), as amended by 2002 PA 150.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Concurrent Resolution No. 49.
A concurrent resolution approving a lease among the State of Michigan, the State Building Authority, and the Community College District of Gogebic County relative to the Community College District of Gogebic County Special Maintenance projects.
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires that before a lease among the State of Michigan (the "State"), the State Building Authority (the "Authority"), and the Community College District of Gogebic County (the "Educational Institution") that is only for capital maintenance improvements (the "Facility") is executed, the general form of the lease shall be approved by the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal. The description of the property to be leased and the rental to be paid by the State shall be approved by the State Administrative Board; and
Whereas, Providing capital maintenance improvements to be used by the State and the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Community College District of Gogebic County Special Maintenance projects shall not exceed $1,000,000 (the Authority share is $999,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $0), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $999,990, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $78,000 and $98,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of the Community College District of Gogebic County, and the State Budget Director.
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Committee on Appropriations.
Senate Concurrent Resolution No. 50.
A concurrent resolution approving a lease among the State of Michigan, the State Building Authority, and Lake Superior State University relative to the Lake Superior State University Special Maintenance projects.
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires that before a lease among the State of Michigan (the "State"), the State Building Authority (the "Authority"), and Lake Superior State University (the "Educational Institution") that is only for capital maintenance improvements (the "Facility") is executed, the general form of the lease shall be approved by the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal. The description of the property to be leased and the rental to be paid by the State shall be approved by the State Administrative Board; and
Whereas, Providing capital maintenance improvements to be used by the State and the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Lake Superior State University Special Maintenance projects shall not exceed $163,100 (the Authority share is $163,000, the State General Fund/General Purpose share is $100, and the Educational Institution share is $0), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $163,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $13,000 and $16,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Lake Superior State University, and the State Budget Director.
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Committee on Appropriations.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 4971.
Rep. Sheen
Introduction of Bills
Rep. Waters introduced
House Bill No. 6192, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 71, 191, and 342 (MCL 168.71, 168.191, and 168.342), as amended by 1999 PA 218, and by adding section 931a.
The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.
Rep. Waters introduced
House Bill No. 6193, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.
The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.
Reps. Mortimer, Hune, Hildenbrand and Gaffney introduced
House Bill No. 6194, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 5238 (MCL 500.5238), as amended by 1989 PA 139.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Hildenbrand, Hune and Gaffney introduced
House Bill No. 6195, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 5245 (MCL 500.5245).
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Mortimer, Hune, Hildenbrand and Gaffney introduced
House Bill No. 6196, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 5248 (MCL 500.5248).
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Elsenheimer introduced
House Bill No. 6197, entitled
A bill to amend 2003 PA 238, entitled "Michigan notary public act," by amending sections 5, 11, 13, 15, 19, 21, 25, 31, 35, 51, and 53 (MCL 55.265, 55.271, 55.273, 55.275, 55.279, 55.281, 55.285, 55.291, 55.295, 55.311, and 55.313).
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Rep. Gosselin introduced
House Bill No. 6198, entitled
A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 381.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Rep. Gosselin introduced
House Bill No. 6199, entitled
A bill to amend 1978 PA 59, entitled "Condominium act," (MCL 559.101 to 559.276) by adding section 63a.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Hunter, Kolb, Tobocman, Bieda, Cushingberry, Vagnozzi, Condino, Donigan, Byrnes, Clemente, Alma Smith, Farrah, Polidori, Hood, Lipsey, Gonzales, Waters, Lemmons, Jr., Adamini, McDowell, Sheltrown, Gleason, Gillard, Accavitti, Wojno, Angerer, Cheeks and Lemmons, III introduced
House Bill No. 6200, entitled
A bill to amend 1968 PA 319, entitled "An act to provide a uniform crime reporting system; to provide for the submitting of such report to the department of state police; to require submission of the report by certain police agencies; to require the reporting on wanted persons and stolen vehicles; to require the reporting of information regarding certain persons and unidentified bodies of deceased persons; to prescribe certain powers and duties of law enforcement agencies; and to vest the director of the department of state police with certain authority," by amending section 8 (MCL 28.258), as amended by 2002 PA 718.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Tobocman, Hunter, Kolb, Cushingberry, Bieda, Vagnozzi, Condino, Donigan, Byrnes, Clemente, Alma Smith, Farrah, Polidori, Hood, Lipsey, Gonzales, Waters, Lemmons, Jr., Adamini, McDowell, Sheltrown, Gleason, Gillard, Accavitti, Wojno, Angerer, Cheeks and Lemmons, III introduced
House Bill No. 6201, entitled
A bill to prescribe the senior medical alert as the official response to reports of certain missing persons; to provide for the broadcast of information regarding those incidents; and to provide for certain civil immunity.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Palsrok and Pavlov introduced
House Bill No. 6202, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections21502, 21503, 21506a, and 21552 (MCL 324.21502, 324.21503, 324.21506a, and 324.21552), section 21502 as amended and sections 21506a and 21552 as added by 2004 PA 390 and section 21503 as amended by 1996 PA 181, and by adding sections 21553, 21554, 21555, 21556, 21557, 21558, 21559, 21560, 21561, 21562, and 21563.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
Reps. Murphy, Virgil Smith, Lemmons, III, Clack, Farrah, Gillard, Accavitti, Miller, Bennett, Vagnozzi, Cushingberry, Sheltrown, Zelenko, Tobocman, Plakas, Waters, Gleason and Lemmons, Jr. introduced
House Bill No. 6203, entitled
A bill to amend 2001 PA 63, entitled "History, arts, and libraries act," (MCL 399.701 to 399.722) by adding section 13.
The bill was read a first time by its title and referred to the Committee on Government Operations.
______
Rep. Marleau moved that the House adjourn.
The motion prevailed, the time being 3:30 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, June 15, at 10:30 a.m.
GARY L. RANDALL
Clerk of the House of Representatives