2006-HJ-09-05-076.htm

No. 76

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2006

House Chamber, Lansing, Tuesday, September 5, 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--present Sak--present

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

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

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

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

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

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

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

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

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

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

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

Clemente--present Hunter--present Palsrok--present Ward--present

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

Cushingberry--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. Joel A. Sheltrown, from the 103rd District, offered the following invocation:

"Lord, we come to You once again, to ask for Your wisdom and Your guidance. We also ask that You be with our friend and You use Your healing hand for Jerry Lawler. We ask You, Lord, to keep us from pettiness, let us be large in thought, in word, in deed, let us be done with fault-finding and leave off self-seeking. May we put away all pretense and meet each other face to face, without self-pity and without prejudice. May we never be hasty in judgment and always generous. Let us take time for all things, make us to grow calm, serene, gentle. Teach is to put into action out better impulses, straight-forward and unafraid. Grant that we may realize it is the little things that create differences, that in the big things of life we are at one. And may we strive to touch and to know the great, common human heart of us all, and O Lord God, let us forget not to be kind. We ask this in Your name, Amen."

______

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

The motion prevailed.

Motions and Resolutions

Reps. Vander Veen, Sak, Stahl, Emmons, Kathleen Law, Zelenko, Accavitti, Baxter, Bieda, Booher, Byrnes, Caul, Condino, Cushingberry, Elsenheimer, Gillard, Gonzales, Gosselin, Hopgood, Jones, Kooiman, LaJoy, Lemmons, Jr., Lipsey, Marleau, Mayes, Meyer, Miller, Palsrok, Pearce, Polidori, Shaffer, Spade, Stakoe, Stewart, Tobocman, Anderson, Brown, Byrum, Clack, Gleason, Green, Hansen, Mortimer, Nitz, Nofs, Palmer, Proos, Rocca, Waters and Farrah offered the following resolution:

House Resolution No. 302.

A resolution designating September 2006 as National Alcohol and Drug Addiction Recovery Month in the state of Michigan.

Whereas, Seventy-four percent of Americans say that addiction to alcohol has had some impact on them at some point in their lives, either through their own personal addiction or that of a friend or family member; and

Whereas, Sixty-three percent of Americans also say that addiction to either drugs or alcohol has had a great deal or some impact on their lives; and

Whereas, Stigma and discrimination can create obstacles that prevent treatment. There can be a mark of disgrace associated with substance use disorders that limits access to those who need a treatment facilities, and for those who want to reestablish their place in the community by entering the workforce; and

Whereas, Educating our state about how substance use disorders affect children, families, and all Michigan citizens is essential to overcoming stigma and discrimination; and

Whereas, We must recognize the achievement of those who seek out treatment services and ensure that such services are readily available to those who need assistance; and

Whereas, Substance use disorders are a treatable, yet serious health care problem. We can take steps to address it and build a stronger, healthier community; and

Whereas, To help achieve this goal, the U.S. Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, the White House Office of National Drug Control Policy, and the Michigan Bureau of Substance Abuse and Addiction Services invite all residents of Michigan to participate in National Alcohol and Drug Addiction Recovery Month; now, therefore, be it

Resolved by House of Representatives, That the members of this legislative body designate September 2006 as National Alcohol and Drug Addiction Recovery Month in the state of Michigan and help promote the theme, "Join the Voices for Recovery: Build a Stronger, Healthier Community."

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. Kathleen Law, Hopgood, Condino, Sak, Anderson, Alma Smith, Accavitti, Bieda, Byrnes, Caul, Clemente, Cushingberry, Gillard, Gonzales, LaJoy, Lemmons, Jr., Lipsey, Marleau, Mayes, Miller, Palsrok, Pearce, Polidori, Spade, Stakoe, Stewart, Tobocman, Vagnozzi, Vander Veen, Wojno, Bennett, Brown, Byrum, Cheeks, Clack, Emmons, Garfield, Gleason, Green, Hansen, Hood, Leland, Meisner, Mortimer, Nofs, Plakas, Proos, Rocca, Waters, Zelenko and Farrah offered the following resolution:

House Resolution No. 303.

A resolution to memorialize the United States Congress to increase funding to support health care for veterans returning from duty in Iraq and Afghanistan.

Whereas, The Department of Veterans Affairs (VA) provides vital health care services to our veterans after they complete their military service. Health care benefits tailored to our veterans are part of the support our nation provides in exchange for the risks that our military personnel shoulder to defend us. While most veterans come home healthy and whole, those who are injured physically, suffer from illness, or are scarred emotionally by the experience of war need VA health services tailored to their unique needs; and

Whereas, The range of health services that the VA provides to our veterans is great. These services include programs addressing cancer, homelessness, post-traumatic stress disorder, women's health, physical rehabilitation, and other more focused programs such as those combating Agent Orange from Vietnam and Gulf War Illness from Desert Storm. Yet during war, as our troops continue to fight in Iraq and Afghanistan, the needs of our new veterans create much greater demand for the care and expertise of our VA health care providers. In addition, just as the conditions of Vietnam and Desert Storm created health issues unique to the veterans of those wars, veterans ill or injured from service in Iraq or Afghanistan face unique challenges that must be understood and addressed; and

Whereas, Our society's duty to our soldiers, Marines, airmen, and sailors who suffer from the impact of protecting us in battle does not diminish because the needs grow. Our military personnel are volunteers who join knowing that service in distant and dangerous lands is a certainty. Just as certain, some will return unable to simply put on civilian clothes and continue with their lives. It is our responsibility to make sure that our veterans know that receiving the health care services they need to overcome the injuries and illness they endure is just as certain; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the United States Congress to increase funding to support health care for veterans returning from duty in Iraq and Afghanistan; and be it further

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

The resolution was referred to the Committee on Government Operations.

Reps. Byrnes, Polidori, Accavitti, Kathleen Law, Lemmons, Jr., Cheeks, Baxter, Bieda, Condino, Cushingberry, Gillard, Gonzales, Hopgood, LaJoy, Lipsey, Marleau, Mayes, Meyer, Miller, Palsrok, Pearce, Sak, Spade, Stewart, Tobocman, Vagnozzi, Anderson, Bennett, Brown, Byrum, Clack, Gleason, Green, Hansen, Leland, McDowell, Meisner, Mortimer, Palmer, Plakas, Proos, Rocca, Waters, Zelenko and Farrah offered the following resolution:

House Resolution No. 304.

A resolution declaring September 2006 as College Savings Month in the state of Michigan.

Whereas, As the state of Michigan prepares to compete in the global economy of the 21st century, it is imperative that the children of our state have access to the education and skills that will ensure them success in the future; and

Whereas, Through the hard work and dedication of the families and loved ones of the youth of Michigan, students will have the opportunity to pursue higher education and a chance for educational advancement; and

Whereas, It is extremely important that our state maintain access to postsecondary education, and encourage parents, family members, friends and neighbors to save for our young people's education; and

Whereas, Federal and state government must continue to encourage savings for the future and provide parents, grandparents, friends and businesses additional opportunities to support the educational needs and goals of our children; and

Whereas, It is in the interest of the state to ensure that the people of Michigan have the opportunity to obtain a postsecondary education and to encourage parents to save for their children's education; and

Whereas, The Michigan Education Trust, the nation's first prepaid college tuition plan, was provided by the state of Michigan as a Section 529 Qualified Tuition Plan (QTP), which was passed by our state's legislature through duly enacted laws; and

Whereas, The Michigan Education Savings Program continues to help families save for college expenses and has been named one of the top college savings programs in the nation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 2006 as College Savings Month in the state of Michigan.

The resolution was referred to the Committee on Government Operations.

Reps. Moolenaar, Amos, Casperson, Walker, Caswell, Booher, Moore, Elsenheimer, Kahn, Kooiman, Sheltrown, Spade, Gleason, Espinoza, McDowell and Caul offered the following resolution:

House Resolution No. 305.

A resolution to express objection to the use of the state's main web sites to promote specific policy points of view through online petitions.

Whereas, The resources of the state of Michigan are meant to serve the citizens of the state in a fair and responsible manner. These resources include the state's web sites, which are access points for information and services for many residents, visitors, and businesses each day; and

Whereas, The state's main internet portals, including Michigan.gov and the first screens linked from it to pages for the legislative, executive, and judicial branches of state government, include a prominent link encouraging visitors to sign online petitions. In addition, the main pages for travel and recreation information and online services also include this link to the petitions; and

Whereas, While there is clearly a place for state officials to advocate for specific positions on public policy matters--indeed, it is the role of many in state government to do so--internet petition drives should not be part of general information and public service components of the state's web postings. There should be a clear differentiation between web sites providing services from those advocating public policy positions; and

Whereas, Online forums and petition campaigns present a single point of view, even on controversial issues. Including petition links on a page that does not have advocacy as its main function does not recognize the rights of those with other opinions. These one-sided efforts offer no options for citizens with other points of view;

Whereas, There are other problems with the online petitions. Names and address of those signing such petitions could be subject to inappropriate uses, including being sold to political organizations, commercial marketers, or other organizations. There is no warning presented to those signing their names;

Whereas, Placing petition links on general information and public service web sites leads people to believe the petitions reflect the state's official position on policy matters. While a person visiting the site of an individual state official expects to find points of view on policy issues, a person using the state web site to get basic information or use services should not be confronted with politically motivated petition campaigns. This is a potentially serious misuse of state resources; now, therefore, be it

Resolved by the House of Representatives, That we strongly object to the use of the state's main information and service web pages to promote petition gathering campaigns; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, the Attorney General, the Secretary of State, and the Chief Justice of the Michigan Supreme Court, and the heads of each department of the executive branch of state government.

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

Reports of Standing Committees

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

House Bill No. 6310, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 1074.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Pavlov, Anderson, Byrnes, Kathleen Law, Leland, Condino and Tobocman

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 5, 2006

Present: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Pavlov, Anderson, Byrnes, Kathleen Law, Gleason, Leland, Condino and Tobocman

Absent: Reps. Wenke, Moore and Pearce

Excused: Reps. Wenke, Moore and Pearce

The Committee on Health Policy, by Rep. Gaffney, Chair, reported

House Bill No. 6253, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16181 and 16186 (MCL 333.16181 and 333.16186), section 16181 as amended by 2004 PA 200 and section 16186 as amended by 2004 PA 3.

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. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Adamini, McDowell, Gleason, Angerer and Clack

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 5, 2006

Present: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Mortimer, Adamini, McDowell, Gleason, Angerer and Clack

Absent: Reps. Kahn and Wojno

Excused: Reps. Kahn and Wojno

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, August 31, for her approval of the following bills:

Enrolled House Bill No. 4264 at 11:43 a.m.

Enrolled House Bill No. 6247 at 11:45 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, August 31:

House Bill Nos. 6365 6366 6367 6368 6369 6370 6371 6372 6373 6374 6375 6376 6377 6378

6379 6380 6381 6382 6383 6384 6385 6386 6387 6388 6389 6390 6391

Senate Bill Nos. 1391 1392 1393 1394

The Clerk announced that the following Senate bill had been received on Tuesday, September 5:

Senate Bill No. 102

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 6231, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7925 (MCL 500.7925), as amended by 1980 PA 41.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

Senate Bill No. 102, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," (MCL 791.201 to 791.283) by adding section 20d.

The Senate has passed the bill.

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

Messages from the Governor

Date:September 1, 2006

Time:8:02 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4264 (Public Act No. 347, I.E.), being

An act to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," (MCL 380.1 to 380.1852) by adding section 475.

(Filed with the Secretary of State September 1, 2006, at 8:34 a.m.)

Date:September 1, 2006

Time:8:05 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6247 (Public Act No. 348, I.E.), being

An act to amend 1976 PA 453, entitled "An act to define civil rights; to prohibit discriminatory practices, policies, and customs in the exercise of those rights based upon religion, race, color, national origin, age, sex, height, weight, familial status, or marital status; to preserve the confidentiality of records regarding arrest, detention, or other disposition in which a conviction does not result; to prescribe the powers and duties of the civil rights commission and the department of civil rights; to provide remedies and penalties; to provide for fees; and to repeal certain acts and parts of acts," (MCL 37.2101 to 37.2804) by adding section 404a.

(Filed with the Secretary of State September 1, 2006, at 8:36 a.m.)

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5060, entitled

A bill to amend 1911 PA 149, entitled "An act to provide for the acquisition by purchase, condemnation and otherwise by state agencies and public corporations of private property for the use or benefit of the public, and to define the terms "public corporations," "state agencies" and "private property" as used herein," by amending section 3 (MCL 213.23).

(The bill was received from the Senate on June 22, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 27, see House Journal No. 64, p. 1728.)

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. 915 Yeas--104

Accavitti Emmons Law, Kathleen Proos

Acciavatti Espinoza Leland Robertson

Adamini Farhat Lemmons, III Rocca

Amos Farrah Lemmons, Jr. Sak

Anderson Gaffney Lipsey Schuitmaker

Angerer Garfield Marleau Shaffer

Ball Gillard Mayes Sheen

Baxter Gleason McConico Sheltrown

Bennett Gonzales McDowell Smith, Alma

Bieda Gosselin Meisner Smith, Virgil

Booher Green Meyer Spade

Brandenburg Hansen Miller Stahl

Brown Hildenbrand Moolenaar Stakoe

Byrnes Hood Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Van Regenmorter

Clack Hune Nofs Vander Veen

Condino Hunter Palmer Walker

Cushingberry Jones Palsrok Ward

DeRoche Kahn Pastor Waters

Dillon Kolb Pavlov Wenke

Donigan Kooiman Pearce Williams

Drolet LaJoy Plakas Wojno

Elsenheimer Law, David Polidori Zelenko

Nays--1

Clemente

In The Chair: Kooiman

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

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

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

The Speaker laid before the House

House Bill No. 5817, entitled

A bill to amend 1965 PA 40, entitled "An act to authorize and require public agencies to pay allowances for the expense of moving personal property from real property acquired for public purposes," by amending section 2 (MCL 213.352), as amended by 1991 PA 21.

(The bill was received from the Senate on June 22, with amendments and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 27, see House Journal No. 64, p. 1728.)

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

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

Roll Call No. 916 Yeas--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

In The Chair: Kooiman

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

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

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

The Speaker laid before the House

House Bill No. 5818, entitled

A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 16 (MCL 213.66), as amended by 1996 PA 474.

(The bill was received from the Senate on June 22, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 27, see House Journal No. 64, p.1728.)

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

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

Roll Call No. 917 Yeas--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

In The Chair: Kooiman

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

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

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.

The Speaker laid before the House

Senate Bill No. 693, entitled

(The bill was received from the Senate on June 22, with substitute (S-6) to the House substitute (H-3) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 27, see House Journal No.64, p. 1729.)

The question being on concurring in the substitute (S-6) to the House substitute (H-3) made to the bill by the Senate,

The substitute (S-6) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 918 Yeas--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

In The Chair: Kooiman

The Speaker laid before the House

House Bill No. 5819, entitled

A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 9 (MCL 213.59), as amended by 1996 PA 474.

(The bill was received from the Senate on June 28, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 29, see House Journal No. 66, p.1808.)

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

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

Roll Call No. 919 Yeas--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

In The Chair: Kooiman

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

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

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. 4647, entitled

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

The bill was read a second time.

Rep. Condino moved to amend the bill as follows:

1. Amend page 2, following line 9, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law and takes effect.".

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

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

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

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

The motion prevailed.

House Bill No. 5853, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 522 and 532 (MCL 436.1522 and 436.1532), section 522 as amended by 1998 PA 416 and section 532 as added by 2001 PA 223.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Regulatory Reform,

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

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

The motion prevailed.

Senate Bill No. 50, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 545.

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. 5908, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 23b, 23d, 23e, and 46 of chapter X (MCL 710.23b, 710.23d, 710.23e, and 710.46), section 23b as added and section 46 as amended by 1994 PA222, section 23d as amended by 2004 PA 487, and section 23e as amended by 2000 PA 55.

The bill was read a second time.

Rep. Stahl 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. 5908, entitled

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

Roll Call No. 920 Yeas--69

Acciavatti Farhat Marleau Robertson

Amos Gaffney Mayes Rocca

Angerer Garfield McDowell Sak

Ball Gleason Meyer Schuitmaker

Baxter Gosselin Moolenaar Shaffer

Booher Green Moore Sheen

Brandenburg Hansen Mortimer Sheltrown

Brown Hildenbrand Newell Spade

Casperson Hoogendyk Nitz Stahl

Caswell Huizenga Nofs Stakoe

Caul Hummel Palmer Steil

Clemente Hune Palsrok Stewart

DeRoche Jones Pastor Van Regenmorter

Dillon Kahn Pavlov Vander Veen

Drolet Kooiman Pearce Walker

Elsenheimer LaJoy Polidori Ward

Emmons Law, David Proos Wenke

Espinoza

Nays--37

Accavitti Cushingberry Law, Kathleen Plakas

Adamini Donigan Leland Smith, Alma

Anderson Farrah Lemmons, III Smith, Virgil

Bennett Gillard Lemmons, Jr. Tobocman

Bieda Gonzales Lipsey Vagnozzi

Byrnes Hood McConico Waters

Byrum Hopgood Meisner Williams

Cheeks Hunter Miller Wojno

Clack Kolb Murphy Zelenko

Condino

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Bieda, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Sometimes a Bill, even one well-intentioned, fails so miserably or creates greater problems that one is compelled to oppose it. So is the case with HB 5908 and 5909, both of which supposedly seek to 'protect' a child placing agency in making a placement for adoption that violates its written religious or moral convictions or policies.

The bills have a number of problems, some of the most notable are as follows:

- The language in the Bills may be more encompassing than intended. The House Legislative Analysis on these Bills says that 'child placing agency' as used in HB 5908 means a private agency licensed under the Child Care Licensing Act to place children for adoption. However, several attorneys have noted that that language is pretty broad and that it is feasible a governmental agency would be pressured to develop 'policies' to exclude certain 'placements' which would likely be challenged by those denied services.

-- Enactment of the Bills may result in loss of Federal funds for serving children and families in public adoption and foster care services and increase the costs to Michigan taxpayers for these services. The State is currently reimbursed with Federal matching funds (approximately 50 percent of the costs) for Adoption services and Foster Care services provided by the State and Child Placing agencies the State contracts with to serve there children and families. It is reasonable to assume that the Federal Government would permit use of these Federal funds by agencies that would have the right to refuse to provide services to a family or child based on religious or moral convictions or policies based on those convictions.

-- Passage of HB 5908 and 5909 is highly likely to result in litigation. This would be costly for taxpayers to defend.

-- I note that several religious leaders spoke quite eloquently in opposition to HB 5908 and 5909. Religious opposition centers on the fact that the bills would invite discrimination among holders of religious beliefs. Various competing churches, for example, would likely find 'moral' reasons for denying an adoption based on a competing sect or religion.

-- Experts in the field of child adoption oppose the bills, most notably the Family Law Section of the State Bar and the Michigan Department of Human Services, both of which noted that the bills have the potential to negatively impact adoption and foster care services. The bills would also prevent children from being placed with qualified adoptive parents, due to the prejudices of the placing agency. The bills would allow the government to engage in invidious discrimination -- and otherwise unlawful discrimination -- through the vehicle of a discriminating agency.

Lastly, although I note that this is not an exhaustive list, the bills fail in one other significant aspect -- the highest priority should be on the best interests of the child and not on the personal or organizational beliefs of the child placement agency.

Thus, because of these reasons, I voted 'no' on HB 5908 and HB 5909."

Second Reading of Bills

House Bill No. 5909, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 5c.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5909, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 5c.

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

Roll Call No. 921 Yeas--69

Acciavatti Farhat Marleau Robertson

Amos Gaffney Mayes Rocca

Angerer Garfield McDowell Sak

Ball Gleason Meyer Schuitmaker

Baxter Gosselin Moolenaar Shaffer

Booher Green Moore Sheen

Brandenburg Hansen Mortimer Sheltrown

Brown Hildenbrand Newell Spade

Casperson Hoogendyk Nitz Stahl

Caswell Huizenga Nofs Stakoe

Caul Hummel Palmer Steil

Clemente Hune Palsrok Stewart

DeRoche Jones Pastor Van Regenmorter

Dillon Kahn Pavlov Vander Veen

Drolet Kooiman Pearce Walker

Elsenheimer LaJoy Polidori Ward

Emmons Law, David Proos Wenke

Espinoza

Nays--37

Accavitti Cushingberry Law, Kathleen Plakas

Adamini Donigan Leland Smith, Alma

Anderson Farrah Lemmons, III Smith, Virgil

Bennett Gillard Lemmons, Jr. Tobocman

Bieda Gonzales Lipsey Vagnozzi

Byrnes Hood McConico Waters

Byrum Hopgood Meisner Williams

Cheeks Hunter Miller Wojno

Clack Kolb Murphy Zelenko

Condino

In The Chair: Kooiman

The House agreed to the title of the bill.

______

Rep. Bieda, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Perhaps there is no more emotional issue than that pertaining to the welfare of children in our state. HB 5909 and its companion bill, HB 5908, would allow the government to engage in invidious discrimination through the vehicle of a discrimination agency. HB 5909 would allow discrimination against a qualified adoptive parent based on race, religion, political affiliation, age, occupation, as well as a host of other reasons as long as the adoption agency proclaims that in writing as 'a moral conviction.' These bills put the best interests of the child secondary to the beliefs of the individual or organization involved in the adoption.

I note that that Family Law Council of the State Bar of Michigan, which specializes in domestic law, unanimously voted to oppose both HB 5908 and HB 5909. I think that their rationale is sound, and I agree that these bills do nothing to protect children. It also discourages adoption, and creates an environment ripe for litigation.

Thus, because of these reasons, as well as those I set forth in the record in opposition to HB 5908, I voted 'no' on both bills."

Rep. Ward moved that House Bill No. 5853 be placed on its immediate passage.

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

House Bill No. 5853, entitled

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

Roll Call No. 922 Yeas--102

Accavitti Drolet Law, Kathleen Polidori

Acciavatti Elsenheimer Leland Proos

Adamini Emmons Lemmons, III Robertson

Amos Espinoza Lemmons, Jr. Rocca

Anderson Farhat Lipsey Sak

Angerer Farrah Marleau Schuitmaker

Ball Gaffney Mayes Shaffer

Baxter Garfield McConico Sheen

Bennett Gillard McDowell Sheltrown

Bieda Gleason Meisner Smith, Alma

Booher Gonzales Meyer Smith, Virgil

Brandenburg Green Miller Spade

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Vander Veen

Cheeks Hune Nofs Walker

Clack Hunter Palmer Ward

Clemente Jones Palsrok Waters

Condino Kahn Pastor Wenke

Cushingberry Kolb Pavlov Williams

DeRoche Kooiman Pearce Wojno

Dillon LaJoy Plakas Zelenko

Donigan Law, David

Nays--4

Gosselin Hoogendyk Stahl Van Regenmorter

In The Chair: Kooiman

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

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

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 525 (MCL 436.1525), as amended by 2005 PA 166.

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.

Rep. Ward moved that Senate Bill No. 50 be placed on its immediate passage.

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

Senate Bill No. 50, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 545.

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

Roll Call No. 923 Yeas--56

Acciavatti Gaffney Mayes Robertson

Amos Garfield McDowell Rocca

Baxter Green Moolenaar Sak

Booher Hansen Moore Schuitmaker

Brandenburg Hildenbrand Mortimer Shaffer

Casperson Hopgood Nitz Smith, Virgil

Caswell Hune Nofs Spade

Caul Jones Palmer Stakoe

Clemente Kahn Palsrok Steil

DeRoche Kooiman Pastor Stewart

Drolet LaJoy Pavlov Walker

Elsenheimer Law, David Pearce Ward

Espinoza Lemmons, III Polidori Wenke

Farhat Marleau Proos Wojno

Nays--50

Accavitti Cushingberry Hunter Plakas

Adamini Dillon Kolb Sheen

Anderson Donigan Law, Kathleen Sheltrown

Angerer Emmons Leland Smith, Alma

Ball Farrah Lemmons, Jr. Stahl

Bennett Gillard Lipsey Tobocman

Bieda Gleason McConico Vagnozzi

Brown Gonzales Meisner Van Regenmorter

Byrnes Gosselin Meyer Vander Veen

Byrum Hood Miller Waters

Cheeks Hoogendyk Murphy Williams

Clack Huizenga Newell Zelenko

Condino Hummel

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

The House agreed to the full title.

Rep. Bieda, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I note that SB 50 would discriminate against smaller caterers or caterers who do not have an 'on-site premise.' The bill literally puts smaller caterers at an immediate competitive advantage. The marketplace would favor the caterers (mostly restaurants) who have premises, to the disadvantage of the smaller independent caterers. This bill would immediately give a competitive advantage to one group over another, thus I voted 'no' on SB 50."

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 did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 924 Yeas--57

Acciavatti Garfield Mayes Robertson

Baxter Green McDowell Rocca

Booher Hansen Moolenaar Sak

Brandenburg Hildenbrand Moore Schuitmaker

Casperson Huizenga Mortimer Shaffer

Caswell Hummel Newell Sheen

Caul Hune Nitz Spade

Clemente Jones Nofs Stakoe

DeRoche Kahn Palmer Steil

Drolet Kooiman Palsrok Stewart

Elsenheimer LaJoy Pastor Van Regenmorter

Emmons Law, David Pavlov Walker

Espinoza Lemmons, III Pearce Ward

Farhat Marleau Proos Wenke

Gaffney

Nays--48

Accavitti Clack Hopgood Plakas

Adamini Condino Hunter Polidori

Amos Cushingberry Kolb Sheltrown

Anderson Dillon Law, Kathleen Smith, Alma

Angerer Donigan Leland Stahl

Ball Farrah Lemmons, Jr. Tobocman

Bennett Gillard Lipsey Vagnozzi

Bieda Gleason McConico Vander Veen

Brown Gonzales Meisner Waters

Byrnes Gosselin Meyer Williams

Byrum Hood Miller Wojno

Cheeks Hoogendyk Murphy Zelenko

In The Chair: Kooiman

Second Reading of Bills

Senate Bill No. 1234, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 535 (MCL 750.535), as amended by 2002 PA 720.

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

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

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

The motion prevailed.

House Bill No. 5965, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 951, 952, and 957 (MCL 168.951, 168.952, and 168.957), section 951 as amended by 1993 PA 45 and section 952 as amended by 1993 PA 137, and by adding section 952b.

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

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

Rep. Ball 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. 5965, entitled

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

Roll Call No. 925 Yeas--100

Accavitti Emmons Lemmons, III Robertson

Acciavatti Espinoza Lemmons, Jr. Rocca

Adamini Farhat Lipsey Sak

Amos Farrah Marleau Schuitmaker

Anderson Gaffney Mayes Shaffer

Angerer Gillard McConico Sheen

Ball Gleason McDowell Sheltrown

Baxter Gonzales Meisner Smith, Alma

Bennett Green Meyer Smith, Virgil

Bieda Hansen Miller Spade

Booher Hildenbrand Moolenaar Stahl

Brandenburg Hood Moore Stakoe

Brown Hopgood Mortimer Steil

Byrnes Huizenga Murphy Stewart

Byrum Hummel Newell Tobocman

Casperson Hune Nitz Vagnozzi

Caswell Hunter Nofs Van Regenmorter

Caul Jones Palmer Vander Veen

Cheeks Kahn Palsrok Walker

Clack Kolb Pastor Ward

Clemente Kooiman Pavlov Waters

Cushingberry LaJoy Pearce Wenke

Dillon Law, David Plakas Williams

Donigan Law, Kathleen Polidori Wojno

Elsenheimer Leland Proos Zelenko

Nays--6

Condino Drolet Gosselin Hoogendyk

DeRoche Garfield

In The Chair: Kooiman

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 6246, entitled

A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," (MCL 16.101 to 16.608) by adding section 14.

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. Drolet, Hoogendyk, Gosselin, Garfield, Sheen, Emmons and Lemmons, III

Nays: Rep. Tobocman

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

House Resolution No. 97.

A resolution to memorialize the Congress of the United States to adopt and present to the states for ratification an amendment to the United States Constitution that would provide that only citizens may be counted for purposes of determining congressional representation among the states.

(For text of resolution, see House Journal No. 58 of 2005, p. 934.)

With the recommendation that the resolution be adopted.

The resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield, Sheen and Emmons

Nays: Rep. Tobocman

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Drolet, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Tuesday, September 5, 2006

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

Absent: Rep. Lipsey

Excused: Rep. Lipsey

Introduction of Bills

Reps. Shaffer, Ball, Caul, Casperson, Robertson, Farhat, Marleau, Byrnes, Pastor, Vander Veen, Hildenbrand, Jones, Taub, Steil, Kolb, Stahl, Newell, Sak, Mortimer, Lipsey, Wojno, Spade, Emmons, Baxter, Hummel, Gaffney, Tobocman, Alma Smith, Bieda, Gleason, Espinoza, McDowell, Mayes, Dillon, Polidori, Miller, Lemmons, Jr., Sheltrown, Zelenko, Farrah, Virgil Smith, Hopgood, Gillard, Clack, Brown, Meisner, Condino, Waters, Gosselin, Elsenheimer, Garfield, Nitz, Nofs and Lemmons, III introduced

House Bill No. 6392, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16184 (MCL 333.16184), as added by 2006 PA 24.

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

Rep. Hune introduced

House Bill No. 6393, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section3104a.

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

Reps. Jones, Kahn, David Law, Elsenheimer, Hansen, Ball, Stakoe and Sheltrown introduced

House Bill No. 6394, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 12a (MCL 28.432a), as amended by 2002 PA 719.

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

Reps. Jones, Elsenheimer, Booher, Green, LaJoy, Ball, Caul, Nofs, Stewart, Bieda, Mayes, Pearce, Condino, Espinoza, Clemente, Steil, Garfield, Vander Veen, Stahl, Brandenburg, Hansen, Kahn, Polidori, Taub, Farhat, Mortimer, Caswell, Gleason, Pastor, Sak, Nitz, Marleau, Emmons, Baxter and Sheltrown introduced

House Bill No. 6395, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 701 (MCL 436.1701), as amended by 2002 PA 725.

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

Reps. Spade, Clemente, Polidori, Zelenko, Lemmons, Jr. and Gleason introduced

House Bill No. 6396, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 2004 PA 173.

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

Reps. Spade, Clemente, Polidori, Zelenko, Lemmons, Jr. and Gleason introduced

House Bill No. 6397, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 2 (MCL 205.92), as amended by 2004 PA172.

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

Rep. Spade introduced

House Bill No. 6398, entitled

A bill to repeal 1939 PA 113, entitled "An act relative to domestic or foreign grown tomatoes; and to prescribe penalties for the violation of the provisions of this act," (MCL 752.751 to 752.752).

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

Reps. Vander Veen, Sak, Hildenbrand, Kooiman, Ward, Hoogendyk, Mortimer, Acciavatti, Pavlov, Marleau, Ball, LaJoy, Nitz, Baxter, Emmons, Nofs, Proos, Booher, Hansen, Brandenburg, Kathleen Law and Zelenko introduced

House Bill No. 6399, entitled

A bill to amend 1976 PA 399, entitled "Safe drinking water act," by amending section 14 (MCL 325.1014), as amended by 1998 PA 56.

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

Reps. Vander Veen, Kathleen Law and Zelenko introduced

House Bill No. 6400, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections74117, 74121, and 74122 (MCL 324.74117, 324.74121, and 324.74122), section 74117 as amended by 2003 PA170 and sections 74121 and 74122 as added by 1995 PA 58.

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

Rep. Hansen introduced

House Bill No. 6401, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section81133 (MCL 324.81133), as amended by 1998 PA 86.

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

Rep. Hansen introduced

House Bill No. 6402, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 525, 531, and 537 (MCL 436.1525, 436.1531, and 436.1537), section 525 as amended by 2005 PA 166, section 531 as amended by 2005 PA 97, and section 537 as amended by 2005 PA 269.

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

Reps. Casperson, Schuitmaker, Baxter, Emmons, Moore, Shaffer, Elsenheimer and Farhat introduced

House Bill No. 6403, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2976.

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

Reps. Moore, Schuitmaker, Casperson, Baxter, Emmons, Shaffer, Elsenheimer and Farhat introduced

House Bill No. 6404, entitled

A bill to amend 1935 PA 59, entitled "An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929," by amending section 6 (MCL 28.6), as amended by 2000 PA 83.

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

Reps. Baxter, Schuitmaker, Casperson, Emmons, Moore, Shaffer, Elsenheimer and Farhat introduced

House Bill No. 6405, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 1, 2, and 14 of chapter XIIA (MCL 712A.1, 712A.2, and 712A.14), as amended by 2001 PA 211.

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

Reps. Farhat, Schuitmaker, Casperson, Baxter, Emmons, Moore, Shaffer and Elsenheimer introduced

House Bill No. 6406, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15b of chapter IV (MCL 764.15b), as amended by 2001 PA 209.

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

Rep. Hummel introduced

House Bill No. 6407, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 43540e.

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

Rep. Hummel introduced

House Bill No. 6408, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 388a.

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

Rep. Hummel introduced

House Bill No. 6409, entitled

A bill to provide certain rules and conditions on how the state budget is developed in the legislative branch.

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

Reps. Schuitmaker, Hildenbrand, Elsenheimer, Gosselin, Drolet and Garfield introduced

House Bill No. 6410, entitled

A bill to revise, consolidate, and codify the laws relating to fireworks; to regulate the purchase, possession, sale, and use of fireworks; to provide for penalties and remedies; and to prescribe the powers and duties of certain state agencies.

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

Reps. Elsenheimer, Hildenbrand, Gosselin, Drolet and Garfield introduced

House Bill No. 6411, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411 (MCL 750.411), as amended by 2000 PA 339.

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

Reps. Caswell, Elsenheimer, Hildenbrand, Gosselin, Drolet and Garfield introduced

House Bill No. 6412, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11c of chapter XVII (MCL 777.11c), as added by 2002 PA 31.

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

Reps. Shaffer, Elsenheimer, Hildenbrand, Gosselin, Drolet and Garfield introduced

House Bill No. 6413, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing chapter XXXIX (MCL 750.243a to 750.243e).

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

Reps. Hildenbrand, Schuitmaker, Gosselin, Pearce, Drolet and Garfield introduced

House Bill No. 6414, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 243e (MCL 750.243e).

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

Reps. Hildenbrand, Schuitmaker, Gosselin, Pearce, Drolet and Garfield introduced

House Bill No. 6415, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16n of chapter XVII (MCL 777.16n), as amended by 2002 PA 321.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1364, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 4b (MCL 408.384b), as added by 1997 PA 1.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Huizenga moved to amend the bill as follows:

1. Amend page 1, line 7, after "AGE" by inserting "OR A FULL-TIME STUDENT ENROLLED IN AN INSTITUTION OF HIGHER EDUCATION AND EMPLOYED UNDER A PROGRAM THAT HAS BEEN ISSUED A CERTIFICATE UNDER 29 USC 214".

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

The question being on the passage of the bill,

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

Roll Call No. 926 Yeas--92

Acciavatti Elsenheimer LaJoy Polidori

Adamini Emmons Law, David Proos

Amos Espinoza Law, Kathleen Robertson

Angerer Farhat Leland Rocca

Ball Farrah Lemmons, III Sak

Baxter Gaffney Lemmons, Jr. Schuitmaker

Booher Garfield Marleau Shaffer

Brandenburg Gonzales Mayes Sheen

Brown Gosselin McDowell Sheltrown

Byrnes Green Meyer Smith, Virgil

Byrum Hansen Moolenaar Spade

Casperson Hildenbrand Moore Stahl

Caswell Hood Mortimer Stakoe

Caul Hoogendyk Murphy Steil

Cheeks Hopgood Newell Stewart

Clack Huizenga Nitz Tobocman

Clemente Hummel Nofs Vagnozzi

Condino Hune Palmer Van Regenmorter

Cushingberry Hunter Palsrok Vander Veen

DeRoche Jones Pastor Walker

Dillon Kahn Pavlov Ward

Donigan Kolb Pearce Waters

Drolet Kooiman Plakas Wenke

Nays--14

Accavitti Gillard Meisner Williams

Anderson Gleason Miller Wojno

Bennett Lipsey Smith, Alma Zelenko

Bieda McConico

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 fix minimum wages for employees within this state; to prohibit wage discrimination; to provide for the administration and enforcement of this act; and to prescribe penalties for the violation of this act,"

The House agreed to the full title.

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

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

Senate Bill No. 453, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 272.

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

Roll Call No. 927 Yeas--103

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Green Meyer Spade

Brandenburg Hansen Miller Stahl

Brown Hildenbrand Moolenaar Stakoe

Byrnes Hood Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Van Regenmorter

Cheeks Hune Nofs Vander Veen

Clack Hunter Palmer Walker

Clemente Jones Palsrok Waters

Condino Kahn Pastor Wenke

Cushingberry Kolb Pavlov Williams

DeRoche Kooiman Pearce Wojno

Dillon LaJoy Plakas Zelenko

Donigan Law, David Polidori

Nays--3

Drolet Gosselin Ward

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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,"

The House agreed to the full title.

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

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

______

Rep. Drolet, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I am always supportive of tax cuts, and any measure that reduces the amount of money that government takes from individuals. However, this bill is not primarily a tax cut--it is a redistribution of taxpayer money.

This 'credit' does more than merely cut taxes payed by some citizens. Instead it actually PAYS some citizens to not pay taxes. Over 88% of those eligible for this credit get refunds in excess of what they actually payed in taxes. In other words, the state is taking money from some citizens and paying it out to other citizens in cash.

Economist Milton Friedman, and President Ronald Reagan supported tax credits such as this as a replacement for the current, and ineffective welfare programs we have in place, NOT in addition to them. If this credit were being introduced for this purpose, to give cash directly to those in need in place of the millions spent on welfare programs, I would be supportive. However, as it stands this bill is merely a redistribution of taxpayer money by the state reminiscent of the policies of socialist governments of the past.

I will, and have always supported any tax cut for the citizens of Michigan. I cannot, and will not support any effort to take money from one taxpayer and pay it out to another. That is why I am voting 'no' on SB 453."

______

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

The motion prevailed.

Rep. Kahn moved that the House adjourn.

The motion prevailed, the time being 4:10 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, September 6, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives