2003-HJ-12-17-095.htm

No. 95

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2003

House Chamber, Lansing, Wednesday, December 17, 2003.

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 Garfield--present Meyer--present Sheen--present

Acciavatti--present Gieleghem--present Middaugh--present Sheltrown--present

Adamini--present Gillard--present Milosch--present Shulman--present

Amos--present Gleason--present Minore--present Smith--present

Anderson--present Hager--present Moolenaar--present Spade--present

Bieda--present Hardman--present Mortimer--present Stahl--present

Bisbee--present Hart--present Murphy--present Stakoe--present

Bradstreet--present Hood--present Newell--present Stallworth--present

Brandenburg--present Hoogendyk--present Nitz--present Steil--present

Brown--present Hopgood--present Nofs--present Stewart--present

Byrum--present Howell--present O'Neil--present Tabor--present

Casperson--present Huizenga--present Paletko--present Taub--present

Caswell--present Hummel--present Palmer--present Tobocman--present

Caul--present Hune--present Palsrok--present Vagnozzi--present

Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present

Clack--present Jamnick--present Pastor--present Vander Veen--present

Condino--present Johnson, Rick--present Phillips--present Voorhees--present

Daniels--present Johnson, Ruth--present Plakas--present Walker--present

Dennis--present Julian--present Pumford--present Ward--present

DeRoche--present Koetje--present Reeves--e/d/s Waters--present

DeRossett--present Kolb--present Richardville--present Wenke--present

Drolet--present Kooiman--present Rivet--present Whitmer--excused

Ehardt--present LaJoy--present Robertson--present Williams--present

Elkins--present LaSata--present Rocca--present Wojno--present

Emmons--present Law--present Sak--present Woodward--present

Farhat--present Lipsey--present Shackleton--present Woronchak--present

Farrah--present McConico--present Shaffer--present Zelenko--present

Gaffney--present Meisner--present

e/d/s = entered during session

Rep. Howard Walker, from the 104th District, offered the following invocation:

"As the days draw near to the celebration of the birth of Jesus Christ, may our hearts be open, our minds clear and our spirits eager, to once again embrace the good news of the light that shines in the darkness. So warm our hearts with Your love, clarify our minds with Your wisdom and endow our spirits with the joy of living in the light of Your eternal love, entering history in the birth of Jesus Christ. Help us to be like the wisemen who followed the star that first Christmas. Grant us light to illuminate the difficult decisions before us, to do our best to be good stewards of the great resources of this state the land, the water, the industry, the business, the schools, the hospitals, the material and spiritual wealth of generations present and past. Grant us wisdom to empower the people the husbands and wives, the parents, the grandparents and the children. So give us the humility to listen not only to those who clamor for our attention, but also to Your spirit, so that when we do our best to make the right decisions, we can surrender ourselves to Your mercy. Help us to pause this day to look again for the light that still shines in the darkness and may that light shine on us, Lord. In the name of Your son, Jesus, I pray. Amen."

______

Rep. Waters moved that Rep. Whitmer be excused from this week's session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4483, entitled

A bill to provide for the creation of land bank fast track authorities to assist governmental entities in the assembly and clearance of title to property in a coordinated manner; to facilitate the use and development of certain property; to promote economic growth; to prescribe the powers and duties of certain authorities; to provide for the creation and appointment of boards to govern land bank fast track authorities and to prescribe their powers and duties; to authorize the acquisition, maintenance, and disposal of interests in real and personal property; to authorize the conveyance of certain properties to a land bank fast track authority; to authorize the enforcement of tax liens and the clearing or quieting of title by a land bank fast track authority; to provide for the distribution and use of revenues collected or received by a land bank fast track authority; to prescribe powers and duties of certain public entities and state and local officers and agencies; to authorize the transfer and acceptance of property in lieu of taxes and the release of tax liens; to exempt property, income, and operations of a land bank fast track authority from tax; to extend protections against certain liabilities to a land bank fast track authority; and to repeal acts and parts of acts.

(The bill was received from the Senate on December 16, with substitute (S-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p. 2385.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 753 Yeas--108

Accavitti Gaffney McConico Shaffer

Acciavatti Garfield Meisner Sheen

Adamini Gieleghem Meyer Sheltrown

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Smith

Bieda Hager Minore Spade

Bisbee Hardman Moolenaar Stahl

Bradstreet Hart Mortimer Stakoe

Brandenburg Hood Murphy Stallworth

Brown Hoogendyk Newell Steil

Byrum Hopgood Nitz Stewart

Casperson Howell Nofs Tabor

Caswell Huizenga O'Neil Taub

Caul Hummel Paletko Tobocman

Cheeks Hune Palmer Vagnozzi

Clack Hunter Palsrok Van Regenmorter

Condino Jamnick Pappageorge Vander Veen

Daniels Johnson, Rick Pastor Voorhees

Dennis Johnson, Ruth Phillips Walker

DeRoche Julian Plakas Ward

DeRossett Koetje Pumford Waters

Drolet Kolb Richardville Wenke

Ehardt Kooiman Rivet Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shackleton Zelenko

Nays--0

In The Chair: Julian

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

______

Rep. McConico moved that Rep. Phillips be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 4484, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 78i, 78k, 78l, 78m, and 131e (MCL 211.78i, 211.78k, 211.78l, 211.78m, and 211.131e), section 78i as amended by 2001 PA 101, section 78k as amended by 2001 PA 94, section 78l as added and section 131e as amended by 1999 PA 123, and section 78m as amended by 2001 PA 99.

(The bill was received from the Senate on December 16, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p. 2385.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 754 Yeas--106

Accavitti Gaffney McConico Sheen

Acciavatti Garfield Meisner Sheltrown

Adamini Gieleghem Meyer Shulman

Amos Gillard Middaugh Smith

Anderson Gleason Milosch Spade

Bieda Hager Moolenaar Stahl

Bisbee Hardman Mortimer Stakoe

Bradstreet Hart Murphy Stallworth

Brandenburg Hood Newell Steil

Brown Hoogendyk Nitz Stewart

Byrum Hopgood Nofs Tabor

Casperson Howell O'Neil Taub

Caswell Huizenga Paletko Tobocman

Caul Hummel Palmer Vagnozzi

Cheeks Hune Palsrok Van Regenmorter

Clack Hunter Pappageorge Vander Veen

Condino Jamnick Pastor Voorhees

Daniels Johnson, Rick Plakas Walker

Dennis Johnson, Ruth Pumford Ward

DeRoche Julian Richardville Waters

DeRossett Koetje Rivet Wenke

Drolet Kolb Robertson Williams

Ehardt Kooiman Rocca Wojno

Elkins LaJoy Sak Woodward

Emmons LaSata Shackleton Woronchak

Farhat Law Shaffer Zelenko

Farrah Lipsey

Nays--0

In The Chair: Julian

The House agreed to the title as amended.

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

______

Rep. Jamnick moved that Rep. Minore be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 4513, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 200h (MCL 750.200h), as amended by 2001 PA 135.

(The bill was received from the Senate on December 16, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p. 2386.)

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

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

Roll Call No. 755 Yeas--106

Farrah Lipsey

Nays--0

In The Chair: Julian

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

House Bill No. 4514, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 200i, 200k, 200l, 204, 207, 209, 210, 211a, and 212a (MCL 750.200i, 750.200k, 750.200l, 750.204, 750.207, 750.209, 750.210, 750.211a, and 750.212a), sections 200i and 200k as added by 1998 PA 207, section 200l as added by 2001 PA 135, sections 204 and 211a as amended by 1998 PA 206, sections 207, 209, and 210 as amended by 1998 PA 208, and section 212a as amended by 2002 PA 140, and by adding section 200m.

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

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

Roll Call No. 756 Yeas--106

Farrah Lipsey

Nays--0

In The Chair: Julian

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

House Bill No. 4786, entitled

A bill to amend 1978 PA 90, entitled "Youth employment standards act," by amending section 19 (MCL 409.119).

(The bill was received from the Senate on December 16, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p. 2386.)

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. 757 Yeas--108

Nays--0

In The Chair: Julian

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. 4344, 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 1 (MCL 125.1651), as amended by 1997 PA 202.

The bill was read a second time.

Rep. Wojno moved to amend the bill as follows:

1. Amend page 3, line 12, after "municipality" by inserting "if the municipality is a city that surrounds another city and that other city lies between the 2 separate and distinct geographic areas".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Richardville 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. 4344, 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. 758 Yeas--107

Accavitti Gaffney McConico Sheen

Acciavatti Garfield Meisner Sheltrown

Adamini Gieleghem Meyer Shulman

Amos Gillard Middaugh Smith

Anderson Gleason Milosch Spade

Bieda Hager Moolenaar Stahl

Bisbee Hardman Mortimer Stakoe

Bradstreet Hart Murphy Stallworth

Brandenburg Hood Newell Steil

Brown Hoogendyk Nitz Stewart

Byrum Hopgood Nofs Tabor

Casperson Howell O'Neil Taub

Caswell Huizenga Paletko Tobocman

Caul Hummel Palmer Vagnozzi

Cheeks Hune Palsrok Van Regenmorter

Clack Hunter Pappageorge Vander Veen

Condino Jamnick Pastor Voorhees

Daniels Johnson, Rick Phillips Walker

Dennis Johnson, Ruth Plakas Ward

DeRoche Julian Pumford Waters

DeRossett Koetje Richardville Wenke

Drolet Kolb Rivet Williams

Ehardt Kooiman Robertson Wojno

Elkins LaJoy Rocca Woodward

Emmons LaSata Sak Woronchak

Farhat Law Shackleton Zelenko

Farrah Lipsey Shaffer

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville 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 Tax Policy, by Rep. Wenke, Chair, reported

House Bill No. 5298, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending sections 4o and 8 (MCL 205.54o and 205.58), section 4o as added by 1994 PA 156.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Wenke, Sheen, Koetje, Woronchak, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs and Stakoe

Nays: None

The Committee on Tax Policy, by Rep. Wenke, Chair, reported

Senate Bill No. 781, entitled

A bill to amend 1999 PA 244, entitled "An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act," by amending section 2 (MCL 445.2052).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Wenke, Koetje, Woronchak, Meyer, Palmer, Nofs, Stakoe, O'Neil, Minore, Farrah, Bieda and Condino

Nays: Reps. Sheen, Drolet and Milosch

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, December 17, 2003, at 9:00 a.m.

Present: Reps. Wenke, Sheen, Koetje, Woronchak, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, O'Neil, Minore, Farrah, Bieda and Condino

Absent: Rep. Zelenko

Excused: Rep. Zelenko

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

House Bill No. 5244, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 9b and 27 (MCL 211.9b and 211.27), section 9b as amended by 1994 PA 189 and section 27 as amended by 2002 PA 744.

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 and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Howell, Koetje, Middaugh, Drolet, Palmer, Huizenga, Milosch, Palsrok, Murphy, Tobocman and Accavitti

Nays: None

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

Senate Bill No. 811, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9b and 27 (MCL 211.9b and 211.27), section 9b as amended by 1994 PA 189 and section 27 as amended by 2002 PA 744.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Howell, Koetje, Middaugh, Drolet, Palmer, Huizenga, Milosch, Palsrok, Murphy, Tobocman and Accavitti

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, December 17, 2003, at 8:30 a.m.

Present: Reps. Bisbee, DeRoche, Howell, Koetje, Middaugh, Drolet, Palmer, Huizenga, Milosch, Palsrok, Wenke, Rivet, O'Neil, Murphy, Tobocman and Accavitti

Absent: Reps. Hune, McConico and Lipsey

Excused: Reps. Hune, McConico and Lipsey

The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported

House Bill No. 4111, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 2a (MCL 211.2a), as amended by 1982 PA 539.

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 and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick and Accavitti

Nays: None

The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported

House Bill No. 4880, entitled

A bill to provide for the exemption of certain manufactured housing property from certain taxes; to levy and collect a specific tax upon the owners of certain manufactured housing property; to provide for the disposition of the specific tax; to prescribe the powers and duties of certain local government officials; to provide penalties; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ward, Robertson, DeRossett, Hager, Wenke, Jamnick and Accavitti

Nays: None

The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported

House Bill No. 5034, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 2a and 34c (MCL 211.2a and 211.34c), section 2a as amended by 1982 PA 539 and section 34c as amended by 2002 PA 620; and to repeal acts and parts of acts.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ward, Robertson, DeRossett, Hager, Stakoe, Wenke, Jamnick and Hardman

Nays: None

The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported

House Bill No. 5036, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4bb.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti

Nays: None

The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported

House Bill No. 5098, entitled

A bill to amend 1959 PA 243, entitled "An act to define, license and regulate trailer coach parks; to prescribe the powers and duties of the state health commissioner and other state and local officers; to provide for the levy and collection of specific taxes on occupied trailers in trailer coach parks and the disposition of the revenues therefrom; to provide remedies and penalties for the violation of this act; and to repeal certain acts and parts of acts," by amending the title and sections 35 and 41 (MCL 125.1035 and 125.1041); and to repeal acts and parts of acts.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke and Jamnick

Nays: None

The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported

House Bill No. 5100, entitled

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ward, Robertson, DeRossett, Hager, Stakoe, Wenke and Jamnick

Nays: None

The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported

Senate Bill No. 845, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 686 (MCL 168.686), as amended by 1999 PA 216.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Hardman, Tobocman and Accavitti

Nays: None

The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported

Senate Bill No. 877, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 641 (MCL 168.641).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, December 17, 2003, at 9:00 a.m.

Present: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Hardman, Tobocman and Accavitti

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

House Bill No. 4463, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811o.

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 and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. DeRossett, Casperson, Hummel, DeRoche, Gaffney, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins

Nays: None

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

Senate Bill No. 193, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811q; and to repeal acts and parts of acts.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. DeRossett, Casperson, Hummel, DeRoche, Gaffney, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Tobocman, Adamini and Elkins

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, December 17, 2003, at 10:30 a.m.

Present: Reps. DeRossett, Casperson, Hummel, DeRoche, Gaffney, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins

Absent: Rep. Hune

Excused: Rep. Hune

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, December 11:

Senate Bill Nos. 885 886 887 888 889 890 891 892 893

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, December 12:

Senate Bill Nos. 894 895 896 897 898 899 900 901

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, December 17:

House Bill Nos. 5384 5385

Introduction of Bills

Reps. Bisbee, Mortimer and Nofs introduced

House Bill No. 5386, entitled

A bill to authorize the state administrative board to transfer certain parcels of property in Jackson county.

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

Reps. Bieda, Lipsey and Gleason introduced

House Bill No. 5387, entitled

A bill to amend 1990 PA 250, entitled "DNA identification profiling system act," by amending section 6 (MCL 28.176), as amended by 2003 PA 76.

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

Rep. Bieda introduced

House Bill No. 5388, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 662, 672, 674, and 720 (MCL 168.662, 168.672, 168.674, and 168.720), section 662 as amended by 1999 PA 216 and section 674 as amended by 1996 PA 207, and by adding section 720a.

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

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 5336, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2000 PA 279.

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

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

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

The motion prevailed.

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

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

______

Rep. Reeves entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5336, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2000 PA 279.

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

Roll Call No. 759 Yeas--109

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheen

Adamini Gillard Middaugh Sheltrown

Amos Gleason Milosch Shulman

Anderson Hager Minore Smith

Bieda Hardman Moolenaar Spade

Bisbee Hart Mortimer Stahl

Bradstreet Hood Murphy Stakoe

Brandenburg Hoogendyk Newell Stallworth

Brown Hopgood Nitz Steil

Byrum Howell Nofs Stewart

Casperson Huizenga O'Neil Tabor

Caswell Hummel Paletko Taub

Caul Hune Palmer Tobocman

Cheeks Hunter Palsrok Vagnozzi

Clack Jamnick Pappageorge Van Regenmorter

Condino Johnson, Rick Pastor Vander Veen

Daniels Johnson, Ruth Phillips Voorhees

Dennis Julian Plakas Walker

DeRoche Koetje Pumford Ward

DeRossett Kolb Reeves Waters

Drolet Kooiman Richardville Wenke

Ehardt LaJoy Rivet Williams

Elkins LaSata Robertson Wojno

Emmons Law Rocca Woodward

Farhat Lipsey Sak Woronchak

Farrah McConico Shackleton Zelenko

Gaffney

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5347, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 465a.

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

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

Rep. Nofs moved to amend the bill as follows:

1. Amend page 2, following line 6, by inserting:

"(2) This section does not apply to a person who operates an audiovisual recording function of a device in a retail establishment solely to demonstrate the use of that device for sales purposes." and renumbering the remaining subsections.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Richardville 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. 5347, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 465a.

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

Roll Call No. 760 Yeas--109

Gaffney

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5365, entitled

A bill to repeal 1905 LA 653, entitled "An act to provide the manner of voting by the members of the board of supervisors of Saginaw county.".

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Lipsey moved that Rep. Rivet be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5365, entitled

A bill to repeal 1905 LA 653, entitled "An act to provide the manner of voting by the members of the board of supervisors of Saginaw county.".

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

Roll Call No. 761 Yeas--108

Accavitti Gaffney McConico Shaffer

Acciavatti Garfield Meisner Sheen

Adamini Gieleghem Meyer Sheltrown

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Smith

Bieda Hager Minore Spade

Bisbee Hardman Moolenaar Stahl

Bradstreet Hart Mortimer Stakoe

Brandenburg Hood Murphy Stallworth

Brown Hoogendyk Newell Steil

Byrum Hopgood Nitz Stewart

Casperson Howell Nofs Tabor

Caswell Huizenga O'Neil Taub

Caul Hummel Paletko Tobocman

Cheeks Hune Palmer Vagnozzi

Clack Hunter Palsrok Van Regenmorter

Condino Jamnick Pappageorge Vander Veen

Daniels Johnson, Rick Pastor Voorhees

Dennis Johnson, Ruth Phillips Walker

DeRoche Julian Plakas Ward

DeRossett Koetje Pumford Waters

Drolet Kolb Reeves Wenke

Ehardt Kooiman Richardville Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shackleton Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5366, entitled

A bill to repeal 1903 LA 540, entitled "An act to establish a board of county auditors for the county of Saginaw and to prescribe their powers and duties.".

The bill was read a second time.

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

The motion prevailed.

Rep. Richardville 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. 5366, entitled

A bill to repeal 1903 LA 540, entitled "An act to establish a board of county auditors for the county of Saginaw and to prescribe their powers and duties.".

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

Roll Call No. 762 Yeas--108

Accavitti Gaffney McConico Shaffer

Acciavatti Garfield Meisner Sheen

Adamini Gieleghem Meyer Sheltrown

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Smith

Bieda Hager Minore Spade

Bisbee Hardman Moolenaar Stahl

Bradstreet Hart Mortimer Stakoe

Brandenburg Hood Murphy Stallworth

Brown Hoogendyk Newell Steil

Byrum Hopgood Nitz Stewart

Casperson Howell Nofs Tabor

Caswell Huizenga O'Neil Taub

Caul Hummel Paletko Tobocman

Cheeks Hune Palmer Vagnozzi

Clack Hunter Palsrok Van Regenmorter

Condino Jamnick Pappageorge Vander Veen

Daniels Johnson, Rick Pastor Voorhees

Dennis Johnson, Ruth Phillips Walker

DeRoche Julian Plakas Ward

DeRossett Koetje Pumford Waters

Drolet Kolb Reeves Wenke

Ehardt Kooiman Richardville Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shackleton Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Pending the Second Reading of

House Bill No. 5100, entitled

Rep. Richardville moved that the bill be referred to the Committee on Tax Policy.

The motion prevailed.

Rep. Richardville moved that Rule 48 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Pending the Second Reading of

House Bill No. 5098, entitled

Rep. Richardville moved that the bill be referred to the Committee on Tax Policy.

The motion prevailed.

Rep. Richardville moved that Rule 48 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Pending the Second Reading of

House Bill No. 5034, entitled

Rep. Richardville moved that the bill be referred to the Committee on Tax Policy.

The motion prevailed.

Rep. Richardville moved that Rule 48 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Pending the Second Reading of

House Bill No. 5036, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4bb.

Rep. Richardville moved that the bill be referred to the Committee on Tax Policy.

The motion prevailed.

______

Rep. Palmer moved that Rep. Rick Johnson be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5221, entitled

A bill to amend 1993 PA 327, entitled "Tobacco products tax act," (MCL 205.421 to 205.436) by amending the title, as amended by 1997 PA 187, and by adding section 6d.

The Senate has amended the bill as follows:

1. Amend page 6, line 22, after "conduct" by striking out "audits" and inserting "an audit or review".

2. Amend page 1, line 10, after "collection," by inserting "defense,".

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

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

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

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. 763 Yeas--86

Accavitti Gillard Middaugh Shulman

Adamini Gleason Minore Smith

Amos Hager Moolenaar Spade

Anderson Hardman Murphy Stallworth

Bieda Hart Newell Steil

Bisbee Hood Nitz Stewart

Brown Hopgood Nofs Taub

Byrum Howell O'Neil Tobocman

Caul Huizenga Paletko Vagnozzi

Cheeks Hunter Palsrok Van Regenmorter

Clack Jamnick Pappageorge Vander Veen

Condino Julian Pastor Voorhees

Daniels Koetje Phillips Walker

Dennis Kolb Plakas Ward

DeRoche Kooiman Pumford Waters

Ehardt LaJoy Reeves Wenke

Elkins LaSata Richardville Williams

Emmons Law Sak Wojno

Farhat Lipsey Shackleton Woodward

Farrah McConico Shaffer Woronchak

Gaffney Meisner Sheltrown Zelenko

Gieleghem Meyer

Nays--21

Acciavatti Drolet Johnson, Ruth Rocca

Bradstreet Garfield Milosch Sheen

Brandenburg Hoogendyk Mortimer Stahl

Casperson Hummel Palmer Stakoe

Caswell Hune Robertson Tabor

DeRossett

In The Chair: Julian

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

Rep. Richardville moved that Rule 48 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Senate Bill No. 781, entitled

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 781, 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. 764 Yeas--88

Accavitti Gleason Middaugh Sheltrown

Adamini Hager Minore Shulman

Amos Hardman Moolenaar Smith

Anderson Hart Murphy Spade

Bieda Hood Newell Stallworth

Bisbee Hopgood Nitz Steil

Brown Howell Nofs Stewart

Byrum Huizenga O'Neil Taub

Caul Hune Paletko Tobocman

Cheeks Hunter Palsrok Vagnozzi

Clack Jamnick Pappageorge Van Regenmorter

Condino Julian Pastor Vander Veen

Daniels Koetje Phillips Voorhees

Dennis Kolb Plakas Walker

DeRoche Kooiman Pumford Ward

Elkins LaJoy Reeves Waters

Emmons LaSata Richardville Wenke

Farhat Law Rivet Williams

Farrah Lipsey Robertson Wojno

Gaffney McConico Sak Woodward

Gieleghem Meisner Shackleton Woronchak

Gillard Meyer Shaffer Zelenko

Nays--20

Acciavatti DeRossett Hummel Rocca

Bradstreet Drolet Johnson, Ruth Sheen

Brandenburg Ehardt Milosch Stahl

Casperson Garfield Mortimer Stakoe

Caswell Hoogendyk Palmer Tabor

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4729, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8313, 8314, 8327, 8329, and 8333 (MCL 324.8313, 324.8314, 324.8327, 324.8329, and 324.8333), as amended by 2002 PA 418.

The bill was read a second time.

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

The motion prevailed.

Rep. Richardville 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. 4729, 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. 765 Yeas--107

Accavitti Gaffney Meisner Shaffer

Acciavatti Garfield Meyer Sheen

Adamini Gieleghem Middaugh Sheltrown

Amos Gillard Milosch Shulman

Anderson Gleason Minore Spade

Bieda Hager Moolenaar Stahl

Bisbee Hardman Mortimer Stakoe

Bradstreet Hart Murphy Stallworth

Brandenburg Hood Newell Steil

Brown Hoogendyk Nitz Stewart

Byrum Hopgood Nofs Tabor

Casperson Howell O'Neil Taub

Caswell Huizenga Paletko Tobocman

Caul Hummel Palmer Vagnozzi

Cheeks Hune Palsrok Van Regenmorter

Clack Hunter Pappageorge Vander Veen

Condino Jamnick Pastor Voorhees

Daniels Johnson, Rick Phillips Walker

Dennis Johnson, Ruth Plakas Ward

DeRoche Julian Pumford Waters

DeRossett Koetje Reeves Wenke

Drolet Kolb Richardville Williams

Ehardt Kooiman Rivet Wojno

Elkins LaJoy Robertson Woodward

Emmons LaSata Rocca Woronchak

Farhat Law Sak Zelenko

Farrah McConico Shackleton

Nays--1

Lipsey

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4730, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 30113 (MCL 324.30113), as amended by 1995 PA 171, and by adding part 33 and section 8316a; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Great Lakes and Tourism,

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

Rep. Gleason moved to amend the bill as follows:

1. Amend page 8, line 8, after "permit." by inserting "If an installment is not paid when due, the permit is suspended until the installment is paid. The suspension of the permit does not result in an extension of the 5-year term of the permit.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Stakoe moved to amend the bill as follows:

1. Amend page 5, line 11, after "on" by striking out the balance of the subdivision and inserting "a list of endangered or threatened species referred to in section 36505.".

2. Amend page 8, line 18, after "endangered" by striking out "species or habitats" and inserting "habitats or species on a list of endangered or threatened species referred to in section 36505,".

3. Amend page 10, line 3, after "any" by striking out the balance of the subparagraph and inserting "species of special concern or species on a list of endangered or threatened species referred to in section 36505.".

4. Amend page 16, following line 19, by inserting:

"(e) The proposed use of a pesticide will adversely affect a species on a list of endangered or threatened species referred to in section 36505.".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4730, 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. 766 Yeas--65

Acciavatti Gleason Milosch Sheen

Amos Hager Moolenaar Sheltrown

Bisbee Hart Mortimer Shulman

Bradstreet Hoogendyk Newell Stahl

Brandenburg Howell Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Tabor

DeRoche Johnson, Rick Pappageorge Taub

DeRossett Johnson, Ruth Pastor Van Regenmorter

Drolet Julian Pumford Vander Veen

Ehardt Koetje Richardville Voorhees

Elkins Kooiman Robertson Walker

Emmons LaJoy Rocca Ward

Farhat Meyer Shackleton Wenke

Gaffney Middaugh Shaffer Woronchak

Garfield

Nays--43

Accavitti Gieleghem McConico Smith

Adamini Gillard Meisner Spade

Anderson Hardman Minore Stallworth

Bieda Hood Murphy Tobocman

Byrum Hopgood O'Neil Vagnozzi

Cheeks Hunter Paletko Waters

Clack Jamnick Phillips Williams

Condino Kolb Plakas Wojno

Daniels LaSata Reeves Woodward

Dennis Law Rivet Zelenko

Farrah Lipsey Sak

In The Chair: Julian

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Rep. Accavitti moved that his name be removed as co-sponsor of the bill.

The motion prevailed.

______

Reps. Anderson, Law, Kolb and Zelenko, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on HB 4730 because it reduces natural resources protections. The stated purpose of the bill is to solve the problem of slow response time by the DEQ in administering applications for herbicide applications to address the spread of nuisance plants in our inland lakes. However, the legislature already addressed this problem earlier in the year when we enacted legislation to provide the DEQ additional resources to hire new staff to be able to handle the increasing permit application load. That staff has now been hired. The DEQ also promulgated new administrative rules this year to streamline the permit application process. These solutions should be given a chance to work.

The bill takes the wrong approach by: eliminating the ability of the DEQ to deny a permit if a proposed pesticide application is likely to result in unacceptable impacts to natural resources; eliminating the current standard for the use of fluridone, one of the most potent chemicals applied to our lakes to address nuisance vegetation, contradicting the recommendation of the Michigan Environmental Science Board; prohibiting the DEQ from issuing any specific application standard for any chemical; reducing permit fees so that the DEQ may once again be in the position of not having the resources to keep up with the demand for permit applications; allowing application of pesticides without a permit in some small lakes that have an intermittent flow to other surface waters; and reducing public health protections by reducing and, in some cases, eliminating the posting and public notification requirements for chemical treatments."

Second Reading of Bills

House Bill No. 5158, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 413.

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

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

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

The motion prevailed.

Rep. Richardville 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. 5158, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 413.

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

Roll Call No. 767 Yeas--107

Accavitti Garfield Meyer Sheen

Acciavatti Gieleghem Middaugh Sheltrown

Adamini Gillard Milosch Shulman

Amos Gleason Minore Smith

Anderson Hager Moolenaar Spade

Bieda Hardman Mortimer Stahl

Bisbee Hart Murphy Stakoe

Bradstreet Hood Newell Stallworth

Brandenburg Hoogendyk Nitz Steil

Brown Hopgood Nofs Stewart

Byrum Howell O'Neil Tabor

Casperson Huizenga Paletko Taub

Caswell Hummel Palmer Tobocman

Caul Hunter Palsrok Vagnozzi

Cheeks Jamnick Pappageorge Van Regenmorter

Clack Johnson, Rick Pastor Vander Veen

Condino Johnson, Ruth Phillips Voorhees

Daniels Julian Plakas Walker

Dennis Koetje Pumford Ward

DeRoche Kolb Reeves Waters

DeRossett Kooiman Richardville Wenke

Ehardt LaJoy Rivet Williams

Elkins LaSata Robertson Wojno

Emmons Law Rocca Woodward

Farhat Lipsey Sak Woronchak

Farrah McConico Shackleton Zelenko

Gaffney Meisner Shaffer

Nays--2

Drolet Hune

In The Chair: Julian

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 45901, 45906, 45908, 48701, 48735, and 48738 (MCL 324.45901, 324.45906, 324.45908, 324.48701, 324.48735, and 324.48738), sections 45901, 45906, 45908, 48735, and 48738 as added by 1995 PA 57 and section 48701 as amended by 2002 PA 434, and by adding part 413.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

Senate Bill No. 226, entitled

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 226, 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. 768 Yeas--107

Nays--2

Drolet Hune

In The Chair: Julian

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

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 227, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13e of chapter XVII (MCL 777.13e), as added by 2002 PA 30.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 227, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13e of chapter XVII (MCL 777.13e), as added by 2002 PA 30.

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

Roll Call No. 769 Yeas--107

Nays--2

Drolet Hune

In The Chair: Julian

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

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

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 228, entitled

A bill to amend 1988 PA 466, entitled "Animal industry act," by amending sections 4, 6, 12, and 31 (MCL 287.704, 287.706, 287.712, and 287.731), sections 4, 6, and 12 as amended by 2002 PA 458 and section 31 as amended by 2000 PA 323.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 228, 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. 770 Yeas--107

Nays--2

Drolet Hune

In The Chair: Julian

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

"An act to authorize and require the appointment of a state veterinarian within the department of agriculture; to protect the human food chain and the livestock and aquaculture industries of the state through prevention, control, and eradication of infectious, contagious, or toxicological diseases of livestock and other animals; to prevent the importation of certain nonindigenous animals under certain circumstances; to safeguard the human population from certain diseases that are communicable between animals and humans; to prevent or control the contamination of livestock with certain toxic substances through certain livestock or livestock products; to provide for indemnification for livestock under certain circumstances; to provide for certain powers and duties for certain state agencies and departments; to provide for the promulgation of rules; to provide for certain hearings; to provide for remedies and penalties; and to repeal acts and parts of acts,"

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 229, entitled

A bill to amend 1996 PA 199, entitled "Michigan aquaculture development act," by amending sections 2 and 4 (MCL 286.872 and 286.874).

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 229, entitled

A bill to amend 1996 PA 199, entitled "Michigan aquaculture development act," by amending sections 2 and 4 (MCL 286.872 and 286.874).

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

Roll Call No. 771 Yeas--104

Accavitti Gaffney McConico Shaffer

Acciavatti Garfield Meisner Sheen

Adamini Gieleghem Meyer Sheltrown

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Smith

Bieda Hager Minore Spade

Bisbee Hardman Moolenaar Stahl

Bradstreet Hart Mortimer Stakoe

Brandenburg Hood Murphy Stallworth

Brown Hoogendyk Newell Steil

Byrum Hopgood Nitz Stewart

Casperson Howell Nofs Tabor

Caswell Huizenga O'Neil Taub

Caul Hummel Paletko Tobocman

Cheeks Hunter Palsrok Vagnozzi

Clack Jamnick Pappageorge Van Regenmorter

Condino Johnson, Rick Pastor Vander Veen

Daniels Johnson, Ruth Phillips Voorhees

Dennis Julian Plakas Ward

DeRoche Koetje Pumford Waters

DeRossett Kolb Reeves Wenke

Ehardt Kooiman Richardville Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shackleton Zelenko

Nays--4

Drolet Hune Palmer Walker

In The Chair: Julian

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

"An act to define, develop, and regulate aquaculture as an agricultural enterprise in this state; to provide powers and duties of certain state agencies and departments; and to provide for certain penalties and remedies,"

The House agreed to the full title.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5168, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 7cc, 7ee, and 24c (MCL 211.7cc, 211.7ee, and 211.24c), sections 7cc and 24c as amended by 2003 PA 140 and section 7ee as amended by 2003 PA 105.

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 amended the title to read as follows:

A bill to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending sections 7cc, 7ee, 24c, and 154 (MCL 211.7cc, 211.7ee, 211.24c, and 211.154), sections 7cc and 24c as amended by 2003 PA 140, section 7ee as amended by 2003 PA 105, and section 154 as amended by 2000 PA 281.

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

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the substitute (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. 772 Yeas--106

Accavitti Garfield Meyer Shaffer

Acciavatti Gieleghem Middaugh Sheen

Adamini Gillard Milosch Sheltrown

Amos Gleason Minore Shulman

Anderson Hardman Moolenaar Smith

Bieda Hart Mortimer Spade

Bisbee Hood Murphy Stahl

Bradstreet Hoogendyk Newell Stakoe

Brandenburg Hopgood Nitz Stallworth

Brown Howell Nofs Steil

Byrum Huizenga O'Neil Stewart

Casperson Hummel Paletko Tabor

Caul Hune Palmer Taub

Cheeks Hunter Palsrok Tobocman

Clack Jamnick Pappageorge Vagnozzi

Condino Johnson, Rick Pastor Van Regenmorter

Daniels Johnson, Ruth Phillips Vander Veen

Dennis Julian Plakas Voorhees

DeRoche Koetje Pumford Ward

DeRossett Kolb Reeves Waters

Drolet Kooiman Richardville Wenke

Ehardt LaJoy Rivet Williams

Elkins LaSata Robertson Wojno

Emmons Law Rocca Woodward

Farhat Lipsey Sak Woronchak

Farrah McConico Shackleton Zelenko

Gaffney Meisner

Nays--3

Caswell Hager Walker

In The Chair: Julian

The House agreed to the title as amended.

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

______

Rep. Richardville 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. Sak, Vander Veen, Kooiman, Sheltrown, Brown, Plakas, Wojno, Condino, Paletko, Vagnozzi, Spade, Williams, Minore, Hopgood, Zelenko, Anderson, Waters, Adamini, Hood, Murphy, Tobocman, Accavitti, Kolb, Farhat, Farrah, O'Neil, Dennis, Byrum, Gillard, Casperson, Caswell, Caul, DeRossett, Ehardt, Elkins, Garfield, Gieleghem, Gleason, Hager, Hoogendyk, Howell, Huizenga, Hune, Jamnick, LaJoy, Meyer, Middaugh, Milosch, Newell, Pappageorge, Pastor, Phillips, Pumford, Reeves, Richardville, Rivet, Robertson, Shackleton, Shaffer, Shulman, Smith, Steil, Tabor, Taub and Voorhees offered the following resolution:

House Resolution No. 186.

A resolution recognizing and congratulating the 2003 Grand Valley State University Lakers' championship football team.

Whereas, It is a great privilege and an honor to salute the 2003 Grand Valley State University football team on capturing the National Collegiate Athletic Association (NCAA) Division II Championship by defeating North Dakota State University in Florence, Alabama on December 13, 2003; and

Whereas, The Lakers,' under the leadership of Coach Brian Kelly and his staff, with 27 seconds left in the game sealed the Lakers' second straight title with a 10-3 victory over North Dakota; and

Whereas, The Lakers' played with great heart, discipline and determination making their dreams of becoming the sixth Division II team to win consecutive championships a reality; and

Whereas, Many of the talents and characteristics they exhibited in reaching this goal will help them in all aspects of their lives; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body hereby recognize and congratulate Coach Brian Kelley and the 2003 Lakers' football team; and be it further

Resolved, That a copy of this resolution be transmitted to Coach Brian Kelly, the Grand Valley State University football team and Grand Valley State University President Mark Murray as evidence of our admiration and esteem.

Pending the reference of the resolution to a committee,

Rep. Richardville 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.

Messages from the Senate

House Bill No. 4236, entitled

A bill to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,"by amending sections 16131, 16186, and 16263 (MCL 333.16131, 333.16186, and 333.16263), sections 16131 and 16263 as amended by 2001 PA 139 and section 16186 as amended by 2002 PA 643, and by adding section 16344 and part 187.

The Senate has concurred in the House amendments to the Senate substitute (S-1) and ordered that the bill be given immediate effect.

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

House Bill No. 5219, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8313 (MCL 600.8313), as amended by 1995 PA 54.

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

The House agreed to the full title.

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

House Bill No. 5246, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 38g (MCL 208.38g), as amended by 2002 PA 726.

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

The House agreed to the full title.

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

House Bill No. 5247, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1140.

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

The House agreed to the full title.

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

House Bill No. 5254, entitled

A bill to amend 2002 PA 49, entitled "Michigan broadband development authority act," by amending section 7 (MCL 484.3207).

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

The House agreed to the full title.

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

House Bill No. 5306, entitled

A bill to create certain offices in the Michigan economic development corporation; to provide for the appointment of certain officers with the advice and consent of the senate; and to impose certain duties and responsibilities on those officers and on certain state employees and public employees.

The Senate has passed the bill.

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

House Bill No. 5322, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 270.

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

The House agreed to the full title.

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

House Bill No. 4249, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2855a.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 4825, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 3, 8, 11, 21, 25, 26, and 29 (MCL 117.3, 117.8, 117.11, 117.21, 117.25, 117.26, and 117.29), section 3 as amended by 2002 PA 201, section 25 as amended by 1982 PA 200, and section 29 as amended by 1994 PA 17.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3) and amended the title to read as follows:

A bill to amend 1909 PA 279, entitled "An act to provide for the incorporation of cities and for revising and amending their charters; to provide for certain powers and duties; to provide for the levy and collection of taxes by cities, borrowing of money, and issuance of bonds or other evidences of indebtedness; to validate actions taken, bonds issued, and obligations heretofore incurred; to prescribe penalties and provide remedies; and to repeal acts and parts of acts on specific dates," by amending sections 3, 8, 11, 21, 25, and 26 (MCL 117.3, 117.8, 117.11, 117.21, 117.25, and 117.26), section 3 as amended by 2002 PA 201 and section 25 as amended by 1982 PA 200.

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

House Bill No. 4914, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 80124b.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 5216, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4l (MCL 117.4l), as amended by 1996 PA 44, and by adding section 4q.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 5217, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 4r.

The Senate has amended the bill as follows:

1. Amend page 2, line 12, after "to" by striking out the balance of the line through "211.157" on line 13 and inserting "forfeiture, foreclosure, and sale under sections 78 to 79a of the general property tax act, 1893 PA 206, MCL 211.78 to 211.79a".

2. Amend page 2, line 15, after "to" by striking out the balance of the line through "211.157" on line 16 and inserting "forfeiture, foreclosure, and sale under sections 78 to 79a of the general property tax act, 1893 PA 206, MCL 211.78 to 211.79a".

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

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

House Bill No. 5218, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 29 (MCL 117.29), as amended by 1994 PA 17.

The Senate has amended the bill as follows:

1. Amend page 1, line 11, after "of" by inserting "blight".

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

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

House Bill No. 5220, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 7 (MCL 125.587), as amended by 1994 PA 25.

The Senate has amended the bill as follows:

1. Amend page 2, line 5, after "city" by striking out "or village".

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

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

House Bill No. 5224, entitled

A bill to amend 1941 PA 359, entitled "An act for controlling and eradicating certain noxious weeds within the state; to permit townships, villages, and cities to have a lien for expenses incurred in controlling and eradicating such weeds; to permit officials of counties and municipalities to appoint commissioners of noxious weeds; to define the powers, duties, and compensation of commissioners; to provide for sanctions; and to repeal certain acts and parts of acts," by amending section 4 (MCL 247.64), as amended by 1994 PA 26.

The Senate has amended the bill as follows:

1. Amend page 3, line 13, after "the" by striking out "township, city, or village" and inserting "city".

2. Amend page 3, line 16, after "the" by striking out "township, city, or village" and inserting "city".

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

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

House Bill No. 5255, entitled

A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 3, 4, 5, 6, 8, and 10 (MCL 207.803, 207.804, 207.805, 207.806, 207.808, and 207.810), section 3 as amended by 2000 PA 428 and sections 6 and 8 as amended by 2000 PA 144, and by adding section 8a.

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.

House Bill No. 5265, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 19703 (MCL 324.19703), as added by 2002 PA 397.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 5270, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 19608a.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 4367, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2004; and to provide for the expenditure of the appropriations.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Johnson, Sikkema and Emerson as conferees.

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Shulman, Rick Johnson and Brown.

The message was referred to the Clerk for record.

Senate Bill No. 718, entitled

A bill to amend 1996 PA 381, entitled "An act to authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans relating to the designation and treatment of brownfield redevelopment zones; to promote the revitalization of environmentally distressed areas; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing. by amending section 15 (MCL 125.2665), as amended by 2002 PA 727.

The Senate has amended the House substitute (H-1) as follows:

1. Amend page 2, line 25, after "landfill" by striking out the balance of the line through "324.11550" on line 27.

The Senate has concurred in the House substitute (H-1) as amended, ordered that the bill be given immediate effect and agreed to the full title.

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

Senate Bill No. 825, entitled

A bill to amend 1996 PA 376, entitled "An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials," by amending section 8 (MCL 125.2688), as amended by 2003 PA 93, and by adding section 8d.

The Senate has substituted (S-1) the House substitute (H-1).

The Senate has concurred in the House substitute (H-1) as substituted (S-1), ordered that the bill be given immediate effect and agreed to the full title.

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

Senate Bill No. 834, entitled

A bill to promote investment in certain businesses; to promote economic development in this state; to provide for a Michigan early stage venture investment corporation; to prescribe the powers and duties of a Michigan early stage venture investment corporation; to prescribe the powers and duties of certain public officers and departments; to establish the Michigan early stage venture investment fund and other funds; to provide for tax credits and incentives; to authorize certain investments; to provide for the expiration of the fund; to provide or allow for appropriations; and to provide penalties and remedies.

The Senate has substituted (S-7) the House substitute (H-1).

The Senate has concurred in the House substitute (H-1) as substituted (S-7) and ordered that the bill be given immediate effect.

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

Senate Bill No. 556, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 11b, 26a, 68, and 108 (MCL 388.1611, 388.1611b, 388.1626a, 388.1668, and 388.1708), sections 11, 26a, 68, and 108 as amended and section 11b as added by 2003 PA 158.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Johnson, Sikkema and Emerson as conferees.

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Shulman, Rick Johnson and Brown.

The message was referred to the Clerk for record.

Notices

Pursuant to Rule 44, the Speaker has made the following reassignments:

Senate Bill No. 635 referred to the Committee on Senior Health, Security and Retirement.

Senate Bill No. 780 referred to the Committee on Local Government and Urban Policy.

______

Rep. Taub moved that the House adjourn.

The motion prevailed, the time being 4:55 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, December 18, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives

Accavitti--present	Garfield--present	Meyer--present	Sheen--present
Acciavatti--present	Gieleghem--present	Middaugh--present	Sheltrown--present
Adamini--present	Gillard--present	Milosch--present	Shulman--present
Amos--present	Gleason--present	Minore--present	Smith--present
Anderson--present	Hager--present	Moolenaar--present	Spade--present
Bieda--present	Hardman--present	Mortimer--present	Stahl--present
Bisbee--present	Hart--present	Murphy--present	Stakoe--present
Bradstreet--present	Hood--present	Newell--present	Stallworth--present
Brandenburg--present	Hoogendyk--present	Nitz--present	Steil--present
Brown--present	Hopgood--present	Nofs--present	Stewart--present
Byrum--present	Howell--present	O'Neil--present	Tabor--present
Casperson--present	Huizenga--present	Paletko--present	Taub--present
Caswell--present	Hummel--present	Palmer--present	Tobocman--present
Caul--present	Hune--present	Palsrok--present	Vagnozzi--present
Cheeks--present	Hunter--present	Pappageorge--present	Van Regenmorter--present
Clack--present	Jamnick--present	Pastor--present	Vander Veen--present
Condino--present	Johnson, Rick--present	Phillips--present	Voorhees--present
Daniels--present	Johnson, Ruth--present	Plakas--present	Walker--present
Dennis--present	Julian--present	Pumford--present	Ward--present
DeRoche--present	Koetje--present	Reeves--e/d/s	Waters--present
DeRossett--present	Kolb--present	Richardville--present	Wenke--present
Drolet--present	Kooiman--present	Rivet--present	Whitmer--excused
Ehardt--present	LaJoy--present	Robertson--present	Williams--present
Elkins--present	LaSata--present	Rocca--present	Wojno--present
Emmons--present	Law--present	Sak--present	Woodward--present
Farhat--present	Lipsey--present	Shackleton--present	Woronchak--present
Farrah--present	McConico--present	Shaffer--present	Zelenko--present

Accavitti	Gaffney	McConico	Shaffer
Acciavatti	Garfield	Meisner	Sheen
Adamini	Gieleghem	Meyer	Sheltrown
Amos	Gillard	Middaugh	Shulman
Anderson	Gleason	Milosch	Smith
Bieda	Hager	Minore	Spade
Bisbee	Hardman	Moolenaar	Stahl
Bradstreet	Hart	Mortimer	Stakoe
Brandenburg	Hood	Murphy	Stallworth
Brown	Hoogendyk	Newell	Steil
Byrum	Hopgood	Nitz	Stewart
Casperson	Howell	Nofs	Tabor
Caswell	Huizenga	O'Neil	Taub
Caul	Hummel	Paletko	Tobocman
Cheeks	Hune	Palmer	Vagnozzi
Clack	Hunter	Palsrok	Van Regenmorter
Condino	Jamnick	Pappageorge	Vander Veen
Daniels	Johnson, Rick	Pastor	Voorhees
Dennis	Johnson, Ruth	Phillips	Walker
DeRoche	Julian	Plakas	Ward
DeRossett	Koetje	Pumford	Waters
Drolet	Kolb	Richardville	Wenke
Ehardt	Kooiman	Rivet	Williams
Elkins	LaJoy	Robertson	Wojno
Emmons	LaSata	Rocca	Woodward
Farhat	Law	Sak	Woronchak
Farrah	Lipsey	Shackleton	Zelenko