No. 87
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2004
House Chamber, Lansing, Tuesday, November 30, 2004.
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 Gaffney--present Meisner--present Sheen--present
Acciavatti--present Garfield--present Meyer--present Sheltrown--present
Adamini--present Gieleghem--present Middaugh--present Shulman--present
Amos--present Gillard--present Milosch--present Smith--present
Anderson--present Gleason--present Minore--present Spade--present
Bieda--present Hager--present Moolenaar--present Stahl--present
Bisbee--present Hardman--present Mortimer--present Stakoe--present
Bradstreet--present Hart--excused Murphy--present Stallworth--present
Brandenburg--present Hood--present Newell--present Steil--present
Brown--present Hoogendyk--present Nitz--present Stewart--present
Byrum--present Hopgood--present Nofs--present Tabor--present
Casperson--present Howell--present O'Neil--present Taub--present
Caswell--present Huizenga--present Palmer--present Tobocman--present
Caul--present Hummel--present Palsrok--present Vagnozzi--present
Cheeks--present Hune--present Pappageorge--present Van Regenmorter--present
Clack--present Hunter--present Pastor--present Vander Veen--present
Condino--present Jamnick--present Phillips--excused Voorhees--present
Daniels--present Johnson, Rick--present Plakas--present Walker--present
Dennis--present Johnson, Ruth--present Pumford--present Ward--present
DeRoche--present Julian--present Reeves--e/d/s Waters--present
DeRossett--present Koetje--present Richardville--present Wenke--present
Dillon--present Kolb--present Rivet--present Whitmer--present
Drolet--present Kooiman--present Robertson--present Williams--excused
Ehardt--present LaJoy--present Rocca--present Wojno--present
Elkins--present LaSata--present Sak--present Woodward--present
Emmons--present Law--present Shackleton--present Woronchak--present
Farhat--present Lipsey--present Shaffer--present Zelenko--present
Farrah--present McConico--present
e/d/s = entered during session
Rep. John Pappageorge, from the 41st District, offered the following invocation:
"Lord, we thank You for the opportunity we've been given to help chart Michigan's future. Bless and guide the many people who work so hard to make our deliberations a success as we strive to better the quality of life of our citizens. Help us to be constantly reminded that good public policy must transcend partisanship or individual ambitions. And, let our discussions on the issues of the day be conducted with courtesy, civility and, yes, some humor as well. And, Lord please give us in our own lives the courage to do what is right and the wisdom to understand how we can best make a contribution to the people of our own communities and our state. And, finally, Lord help us to keep our senses about us as we proceed through this lame duck session. We ask this in Your name. Amen."
______
Rep. Waters moved that Reps. Phillips and Williams be excused from today's session.
The motion prevailed.
Rep. Palmer moved that Rep. Hart be excused from today's session.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 1386, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2917a.
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. 1386, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2917a.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Richardville moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Comments and Recommendations
Rep. Richardville moved that Rule 82 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Richardville moved that the following remarks be printed in the Journal.
The motion prevailed.
Rep. Bisbee:
"Thank you Mister Speaker.
Rick, thank you.
Everybody. I just want to say it has been an absolute thrill and honor to have been up here the last six years representing the citizens of Jackson and the citizens of Michigan. When I came here, probably most of you don't know, I had a tough race. And our campaign manager said in the primary don't worry about Lansing because if you don't win the primary it doesn't matter. And then when I won the primary he kept saying don't worry about Lansing because if you don't win the general you're the underdog it doesn't matter. When I first came up here I had no legislative agenda. But I did come up here with one thing I wanted to be the cheerleader for Jackson, for my district, the 64th. Hopefully that is what everyone here is doing being the cheerleader for back home.
Our biggest problem in Jackson was the fact we had a cap on the Grand River in downtown Jackson where nine kids had been killed. Everybody was fighting over how to get it off. And you know what I secured the funds. $1.938 million. And that money stopped kids from being killed. I just look back and say thanks to everyone in here we took care of a problem and kids are no longer being killed there anymore. I could have quit right then. But I didn't.
And then I enjoyed being on commerce. Speaker Rick, thank you for putting me on commerce. I'm a small business owner. It's all about jobs. It's all about employment. Working with MEDC as chair of the commerce committee to give them the tools that they use and the cities use and the counties use has helped not only Jackson by retaining Consumers Energy and Kinder Morgan came to town and core cities legislation. Downtown Jackson is doing wonderfully. It helped the whole state. Many, many cities and communities. It was a thrill to be part of that.
The last one I would like to mention is my first bill I introduced was a constitutional amendment on how we are paid. And there is a lot of pride that goes into changing the constitution and I am very happy about that.
And I just want to thank as I leave certain people. My wife Katie is here today. Katie thank you, I love you. She has put up with a whole lot this past seven years. My boys Leeland and Pete, the young ones at home. I want to thank Jim Murray, he was my chief of staff for three years. Kristen Beltzer, Lance Binoniemi, they have both moved on but they for the last three years have gotten me here. Maggie Sans, Elizabeth Thomas these people have helped out.
It is working with you that helped make Jackson better and helped make the whole state better. I just thank everybody here and I appreciate the past six years and I wish everybody the best of luck."
Rep. Caul:
"It was a late election night, in November '98,
When I learned voters had elected me, State Representative of this great State.
How grateful and humbled I was, that night,
To find out the voters trusted me to do what was right.
Off to Lansing, I did go,
With serving on appropriations as my goal.
With some funds available and a little cash flow,
We joined together and initiated projects to help our State economy grow.
Changing times soon appeared,
But without hesitation, and maybe with just a little fear,
We continued to move in high gear,
And provided our State with a balanced budget each year.
Along the way with your assistance and debate,
I was fortunate to pass some bills which improved the quality of life for individuals in our state.
So my sincere gratitude, to those who often worked many hours and very late,
To keep an aggressive agenda in place.
A special thanks to Ryan and Matt,
For years of service as my dedicated office staff.
And last but not least, my family and friends,
Who continued to support me to a successful end.
So as I pass the torch onto Bill, the future of my constituents' remain in his trustworthy hands,
I will, in turn, be relaxing on the beach,
Swimming in the ocean,
And playing in the sand."
Rep. Dennis:
"Thank you, Mr. Speaker, through you to the members of this great caucus,
It's been a real pleasure over the last 6 years to represent the people of the 92nd district, but also to represent the rest of the people of this great state because what we do here affects everyone. In 6 years I have met so many people here in Lansing that have made this job easier, who have given service to us as state employees, as caucus staff, as well as my own staff, and I want to thank you from the bottom of my heart for helping me help my constituents of the 92nd district in Muskegon because that's what this is all about.
If anybody thinks this job is about anything else, about whether or not you get invited out to lunch or whether you go to dinner somewhere or whether you get invited to participate in some type of lofty deal, this job has never been about that for me. It's always been about how do I help my constituents work the maze of state government, and I think my staff has done a wonderful job in helping me do that, and I want to thank those throughout the rest of state government who have done the same.
There are people that you see, and I hope myself, I include in that, grow from the first time when you look up at the board and go, ohmigod I'm supposed to vote, to where you are today and when you think about the job that you do and how important the job is that you do, but remember it's always the job about the people. It's never about you, and I hope that, if I can say anything to my colleagues who are going to be remaining over the next couple of years, is that we have are going to see very difficult times, and if anybody thinks they're more important than what happens here or it's all about them., just remember, you can get hit by a car tomorrow and there'll be an election called soon to replace you in this job. We are not irreplaceable; we very much can be replaced, and they try to do that every two years, of course, but if you keep it in your heart and remember it's about what you do for your community back home and as a general thought for the people across this state, you will be a very, very successful state rep.
I'd like to thank the Speaker; I'd like to thank my caucus leader for the opportunities that they have provided me over the past few years, and I'd like to thank those folks who I actually consider friends, Mr. Speaker, for not gaveling me during my speech. I'd like to thank you all for a wonderful 6 years, and I wish the rest of you great luck because this has been the best job I've ever had in my life. Thank you very much."
Rep. DeRossett:
"Thank you Mr. Speaker.
I'd like to thank Speaker Johnson, Minority Leader Byrum, Clerk Randall and your staff, the Sergeants, and all the people who work with us to serve the people of our great state everyday.
It is indeed an honor to address this chamber. It is also an honor to acknowledge my two staff members who have been with me from the beginning; Peter Wills and Rob Macomber. I learned early on in business that you're only as good as the people you surround yourself with and I've been honored to have them serve with me.
I'd also like to thank my wife Sandy of 40 years for her commitment in raising our two beautiful children, our daughter Lori and our son Alan. I can tell you that that partnership has been a winner.
When people came to me in 1997 and asked me to run for office, I can tell you that it was not in my game plan. My wife said that I'd be missing a great opportunity to make a difference for our district if I didn't run. I can tell you that she was right.
For my parents who are listening, I would like to say 'thank you'. I grew up in a very modest household and will share with you one of the many values my parents taught me. My parents not only had a faith, but they taught their faith to my two sisters and me. It was very simple you treat people how you'd like to be treated. You tell the truth. The work ethic that my father instilled in me was one where you always give back more than you take and one where you always treat people with respect and dignity.
I grew up in the melting pot of the state of Michigan. I grew up in a place called Willow Run. It was a place where many people came for employment. It is where the industrialist Henry Ford left his mark on this state. As I look around this chamber, one that governors the people, I realize that it has a heritage and it has a history. I realize this chamber has a memory. Nearly 1700 people have served in this chamber. It is an awesome responsibility to serve the people.
If I mention Eva McCall Hamilton, I bet that the 24 women in this chamber would realize that she was the first women elected to the Legislature in 1920 when women weren't granted equal rights. If I mentioned William W. Furgu son, the 15 members of the Black Caucus would know exactly who that individual was. He was the first African American elected to this chamber in 1892.
A lot has changed since that time. The people that served many years ago would be awed by the technology we have today, the computers and cell-phones, and our sessions being broadcasted live on T.V. We are living in a changing world. We are going to see a lot of changes in the future as well. I've been honored to chair the Transportation Committee, and believe that transportation is one of the areas where we will see great change. Hydrogen fuel cells will soon replace the fossil fuel automobile. We will not travel by traditional means, but at great rates of speed in aboard new forms of transportation.
This job is about serving. If you came to Lansing and served the people in your district, and did not get sidetracked by thinking it was easier to be served rather than serving those that elected you, then the institutional memory will record that. If you have realized, and lived up to the responsibilities of this position, one that many in this chamber have sacrificed for, then the institutional memory will also record that.
This position is about relationships. I can tell you that one of the greatest pleasures of my second term was the opportunity I had to sit on the opposite side of the aisle because it gave me the chance to get to know every House member.
This has been an awesome six years. It has been awesome because of the people I've met and those I've had the pleasure of serving.
Like my fellow term-limited colleagues, I do not know what the future holds for me, but I prayerfully anticipate what it will be. No matter what happens, or what direction this journey called life takes me, I will be better prepared to face those challenges.
And for my five grandchildren; Emily, Eric, Ethan, Eli, and Cody, I hope that the time we spent here will leave them better educated and more employable. I hope that we've left them with a cleaner environment, and a healthier state to live in.
This morning when I looked in the mirror, I was pleased. Because I truly believe that I will be judged positively by my colleagues, by the institution, and by the people of Washtenaw, Monroe and Lenawee County that I have had the opportunity to represent.
My wish for all of you is that God will bless you, and I hope that the journey called life is one that you will take the opportunity to truly enjoy.
Life is good!"
Rep. Ehardt:
"It has been an honor to serve with each and every one of you. To serve in Government is a more noble calling than most of our constituents understand.
Being a State Representative has been the most rewarding work I have ever done.
It the relationships and the trust that we build amongst our colleagues that allow us to do this job well and I will always treasure the relationship and friendship I have developed over the last 6 years on both sides of the aisles.
I am also certain the citizens of this state are not well served with constant turnover. I only hope that future legislature will help to put this issue back before the people for reconsideration.
Health Care has been the passion of mine for the last 30 years and it is now the #1 one issue affecting the citizen of this great state.
The aging population and advances in Health Care are together creating serious budget concerns. We must start to think out side of the box. The current under funding coupled with exponential growth will create deficits we can not tax our way out of.
Over the last 4 years we have studied our health care system extensively and have left quite a foundation for change to build on.
We have created some very good public policy and a few that may need to be revisited.
I promise to always be available for discussions and help if ever it is desired.
I would like to acknowledge the Health Policy Committee, the DCH appropriations subcommittee, and especially Vice Chair Representative Barb Vander Veen, and Representative Steve Adamini, DCH Chair Representative Gary Newell. Now the people who actually made me look good Heather Scott and Stacey Hettiger the best policy staff you could ever work with.
We come to this town with our values, principles, integrity, and I am proud to say that I will leave with mine still intact.
To my colleges who are leaving with me I wish you the best and to my colleges who remain, on both sides of the aisle, good public policy is the best politics. Keep up the good work, the citizens of this great state are depending on you.
Good bye and God Bless."
By unanimous consent the House returned to the order of
Third Reading of Bills
The House returned to the consideration of
Senate Bill No. 1386, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2917a.
(The bill was considered earlier today, see today's Journal p. 2544.)
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. 919 Yeas--99
Accavitti Farrah Lipsey Sheltrown
Acciavatti Gaffney Meisner Shulman
Adamini Garfield Meyer Spade
Amos Gieleghem Middaugh Stahl
Anderson Gillard Milosch Stakoe
Bieda Gleason Minore Stallworth
Bisbee Hager Moolenaar Steil
Brandenburg Hardman Mortimer Stewart
Brown Hoogendyk Murphy Tabor
Casperson Hopgood Newell Taub
Caswell Howell Nitz Tobocman
Caul Huizenga Nofs Vagnozzi
Cheeks Hummel Palmer Van Regenmorter
Clack Hune Palsrok Vander Veen
Condino Hunter Pappageorge Voorhees
Daniels Jamnick Pastor Walker
Dennis Johnson, Rick Plakas Ward
DeRoche Johnson, Ruth Pumford Waters
DeRossett Julian Richardville Wenke
Dillon Koetje Rivet Whitmer
Drolet Kolb Rocca Wojno
Ehardt Kooiman Sak Woodward
Elkins LaJoy Shackleton Woronchak
Emmons LaSata Shaffer Zelenko
Farhat Law Sheen
Nays--2
McConico Smith
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 and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; 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. 1387, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2953a.
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. 1387, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2953a.
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--103
Accavitti Gaffney Meisner Sheltrown
Acciavatti Garfield Meyer Shulman
Adamini Gieleghem Middaugh Smith
Amos Gillard Milosch Spade
Anderson Gleason Minore Stahl
Bieda Hager Moolenaar Stakoe
Bisbee Hardman Mortimer Stallworth
Brandenburg Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga O'Neil Tobocman
Caul Hummel Palmer Vagnozzi
Cheeks Hune Palsrok Van Regenmorter
Clack Hunter Pappageorge Vander Veen
Condino Jamnick Pastor Voorhees
Dennis Johnson, Rick Plakas Walker
DeRoche Johnson, Ruth Pumford Ward
DeRossett Julian Richardville Waters
Dillon Kolb Rivet Wenke
Drolet Kooiman Robertson Whitmer
Ehardt LaJoy Rocca Wojno
Elkins LaSata Sak Woodward
Emmons Law Shackleton Woronchak
Farhat Lipsey Shaffer Zelenko
Farrah McConico Sheen
Nays--1
Koetje
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 and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; 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.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
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.
(The bill was received from the Senate on November 4, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 9, see House Journal No. 84, p. 2423.)
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. 921 Yeas--106
Accavitti Farrah McConico Sheen
Acciavatti Gaffney Meisner Sheltrown
Adamini Garfield Meyer Shulman
Amos Gieleghem Middaugh Smith
Anderson Gillard Milosch Spade
Bieda Gleason Minore Stahl
Bisbee Hager Moolenaar Stakoe
Bradstreet Hardman Mortimer Stallworth
Brandenburg Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga O'Neil 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
Dillon Kolb Robertson Whitmer
Drolet Kooiman Rocca Wojno
Ehardt LaJoy Sak Woodward
Elkins LaSata Shackleton Woronchak
Emmons Law Shaffer Zelenko
Farhat 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.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, November 10:
Senate Bill Nos. 1477 1478 1479 1480 1481 1482 1483
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Friday, November 12:
House Bill Nos. 6333 6334 6335 6336 6337 6338 6339 6340 6341 6342 6343 6344 6345 6346 6347 6348 6349 6350 6351 6352 6353 6354 6355 6356
House Joint Resolution EE
The Clerk announced the enrollment printing and presentation to the Governor on Monday, November 15, for her approval of the following bills:
Enrolled House Bill No. 4335 at 11:28 a.m.
Enrolled House Bill No. 4336 at 11:30 a.m.
Enrolled House Bill No. 4458 at 11:32 a.m.
Enrolled House Bill No. 4703 at 11:34 a.m.
Enrolled House Bill No. 5414 at 11:36 a.m.
Enrolled House Bill No. 5947 at 11:38 a.m.
Enrolled House Bill No. 5970 at 11:40 a.m.
Enrolled House Bill No. 6047 at 11:42 a.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Monday, November 15:
Senate Bill Nos. 1484 1485
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, November 16, for her approval of the following bills:
Enrolled House Bill No. 4358 at 11:25 a.m.
Enrolled House Bill No. 5457 at 11:27 a.m.
Enrolled House Bill No. 5475 at 11:29 a.m.
Enrolled House Bill No. 5627 at 11:31 a.m.
Enrolled House Bill No. 5839 at 11:33 a.m.
Enrolled House Bill No. 5843 at 11:35 a.m.
Enrolled House Bill No. 5850 at 11:37 a.m.
Enrolled House Bill No. 5851 at 11:39 a.m.
Enrolled House Bill No. 5921 at 11:41 a.m.
The Clerk announced that the following Senate bills had been received on Tuesday, November 30:
Senate Bill Nos. 517 1266 1267 1409
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Great Lakes and Tourism, by Rep. Palsrok, Chair, reported
Senate Bill No. 925, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 51501, 51506, 51509, 51510, and 51513 (MCL 324.51501, 324.51506, 324.51509, 324.51510, and 324.51513), as added by 1995 PA 57, and by adding section 51503b.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palsrok, Brandenburg, Tabor, Meyer, Law and Gleason
Nays: None
The Committee on Great Lakes and Tourism, by Rep. Palsrok, Chair, reported
Senate Bill No. 1278, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80101 (MCL 324.80101), as added by 1995 PA 58, and by adding section 80108a; 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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palsrok, Brandenburg, Meyer, Law and Gleason
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palsrok, Chair, of the Committee on Great Lakes and Tourism, was received and read:
Meeting held on: Tuesday, November 30, 2004
Present: Reps. Palsrok, Brandenburg, Tabor, Meyer, Law and Gleason
Absent: Rep. Stallworth
Excused: Rep. Stallworth
The Committee on Veterans Affairs and Homeland Security, by Rep. Nofs, Chair, reported
House Bill No. 6032, entitled
A bill to amend 1967 PA 150, entitled "Michigan military act," by amending section 251 (MCL 32.651), as amended by 1988 PA 246.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Nofs, Garfield, Pappageorge, Ruth Johnson, Sheltrown and Spade
Nays: None
The Committee on Veterans Affairs and Homeland Security, by Rep. Nofs, Chair, reported
House Resolution No. 305.
A resolution to memorialize the President and the Congress of the United States to designate the River Raisin Battlefield as a National Battlefield Site.
(For text of resolution, see House Journal No. 80, p. 2175.)
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. Nofs, Garfield, Pappageorge, Ruth Johnson, Casperson, Sheltrown and Spade
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Nofs, Chair, of the Committee on Veterans Affairs and Homeland Security, was received and read:
Meeting held on: Tuesday, November 30, 2004
Present: Reps. Nofs, Garfield, Pappageorge, Ruth Johnson, Woronchak, Casperson, Sheltrown and Spade
Absent: Reps. Richardville, Woodward and Elkins
Excused: Reps. Richardville, Woodward and Elkins
The Committee on Commerce, by Rep. Bisbee, Chair, reported
House Bill No. 5140, entitled
A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 2002 PA 608.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Bisbee, Koetje, Middaugh, Drolet, Palmer, Huizenga, Milosch, Palsrok, Wenke, Rivet, O'Neil, McConico, Tobocman and Accavitti
Nays: None
The Committee on Commerce, by Rep. Bisbee, Chair, reported
Senate Bill No. 1453, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 8a and 9 (MCL 125.2688a and 125.2689), section 8a as amended by 2002 PA 587.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Bisbee, Howell, Koetje, Middaugh, Drolet, Palmer, Huizenga, Milosch, Palsrok, Wenke, Rivet, 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: Tuesday, November 30, 2004
Present: Reps. Bisbee, Howell, Koetje, Middaugh, Drolet, Palmer, Huizenga, Milosch, Palsrok, Wenke, Rivet, O'Neil, McConico, Murphy, Tobocman and Accavitti
Absent: Reps. DeRoche, Hune and Lipsey
Excused: Reps. DeRoche, Hune and Lipsey
The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported
Senate Bill No. 1130, entitled
A bill to amend 1978 PA 361, entitled "Michigan exposition and fairgrounds act," by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14a, and 15a (MCL 285.161, 285.162, 285.163, 285.164, 285.165, 285.166, 285.167, 285.168, 285.169, 285.170, 285.171, 285.172, 285.173, 285.174a, and 285.175a), sections 2, 5, 6, 7, 8, 9, and 11 as amended and sections 14a and 15a as added by 2000 PA 39, and by adding section 15b.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Meyer, Nitz, DeRossett, Casperson, Hune, Stahl, Spade and Law
Nays: Rep. Sheltrown
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meyer, Chair, of the Committee on Agriculture and Resource Management, was received and read:
Meeting held on: Tuesday, November 30, 2004
Present: Reps. Meyer, Nitz, DeRossett, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law
Absent: Rep. Hager
Excused: Rep. Hager
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4787, entitled
A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," (MCL 125.1401 to 125.1499c) by amending the title, as amended by 1984 PA 215, and by adding chapter 3A.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Stakoe, Wenke, Jamnick, Hardman, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4788, entitled
A bill to establish the Michigan housing and community development fund in the department of treasury; to provide for the administration of the fund; to provide for the deposit of certain money in that fund; to provide for the distribution of the money in that fund and to limit the use of the money in that fund; and to prescribe the powers and duties of certain state officials.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Stakoe, Wenke, Jamnick, Hardman, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 6215, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4 and 5 (MCL 380.4 and 380.5), as amended by 2003 PA 299.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Stakoe, Wenke, Jamnick, Hardman, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 6338, entitled
A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending the title and sections 10 and 11 (MCL 41.810 and 41.811), the title as amended by 1990 PA 102 and section 11 as amended by 1989 PA 81.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, 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. 1341, entitled
A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending sections 32, 32a, 44c, and 44f (MCL 125.1432, 125.1432a, 125.1444c, and 125.1444f), sections 32 and 32a as amended by 2000 PA 257, section 44c as amended by 1996 PA 475, and section 44f as added by 1987 PA 180.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Stakoe, Jamnick, Hardman, 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: Tuesday, November 30, 2004
Present: Reps. Ward, Robertson, DeRossett, Stakoe, Wenke, Jamnick, Hardman, Tobocman and Accavitti
Absent: Reps. Hager and Drolet
Excused: Reps. Hager and Drolet
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 6244, entitled
A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending section 3 (MCL 551.103), as amended by 1984 PA 346.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 4, following line 17, by inserting:
"Enacting section 1. This amendatory act takes effect April 1, 2005.".
The bill and amendment were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. LaSata, Van Regenmorter, Koetje, Pappageorge, Voorhees, Gaffney, Lipsey, Adamini, Bieda, Condino and Smith
Nays: Rep. Garfield
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 6285, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 1312 (MCL 600.1312), as amended by 2004 PA 12.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, line 16, after "section" by striking out "1307a(c)" and inserting "1307a(1)(e)".
The bill and amendment were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaSata, Van Regenmorter, Koetje, Pappageorge, Voorhees, Garfield, Lipsey, Adamini, Bieda, Condino and Smith
Nays: None
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 6345, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2529 (MCL 600.2529), as amended by 2004 PA 205, and by adding section 2530b.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 5, line 10, after "litem" by inserting "fund".
2. Amend page 6, following line 4, by inserting:
"Enacting section 1. This amendatory act takes effect April 1, 2005.".
The bill and amendments were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaSata, Van Regenmorter, Gaffney, Lipsey, Bieda, Condino and Smith
Nays: Reps. Koetje, Pappageorge and Adamini
The Committee on Judiciary, by Rep. Howell, Chair, reported
Senate Bill No. 1366, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 934 (MCL 600.934), as amended by 2000 PA 112.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. LaSata, Van Regenmorter, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Lipsey, Adamini, Bieda, Condino and Smith
Nays: None
The Committee on Judiciary, by Rep. Howell, Chair, reported
Senate Bill No. 1447, entitled
A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 25a, 25b, 25c, 25d, 25e, 25f, 25g, 25h, and 25i (MCL 552.625a, 552.625b, 552.625c, 552.625d, 552.625e, 552.625f, 552.625g, 552.625h, and 552.625i), sections 25a and 25b as amended and sections 25c, 25d, 25e, 25f, 25g, 25h, and 25i as added by 2002 PA 565.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, Van Regenmorter, Koetje, Voorhees, Gaffney, Wenke, Lipsey, Adamini, Bieda and Condino
Nays: None
The Committee on Judiciary, by Rep. Howell, Chair, reported
Senate Bill No. 1448, entitled
A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," (MCL 552.601 to 552.650) by adding section 24b.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, Van Regenmorter, Koetje, Voorhees, Gaffney, Wenke, Lipsey, Adamini, Bieda, Condino and Smith
Nays: None
The Committee on Judiciary, by Rep. Howell, Chair, reported
Senate Bill No. 1449, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 418.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, Van Regenmorter, Koetje, Voorhees, Gaffney, Wenke, Lipsey, Adamini, Bieda, Condino and Smith
Nays: None
The Committee on Judiciary, by Rep. Howell, Chair, reported
Senate Bill No. 1450, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 3705 (MCL 700.3705).
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, Van Regenmorter, Koetje, Voorhees, Gaffney, Wenke, Lipsey, Adamini, Bieda, Condino and Smith
Nays: None
The Committee on Judiciary, by Rep. Howell, Chair, reported
Senate Bill No. 1463, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8117 (MCL 600.8117), as amended by 1997 PA 161.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, following line 14, by inserting:
"Enacting section 1. This amendatory act takes effect January 2, 2005.".
The bill and amendment were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, Pappageorge, Voorhees, Gaffney, Wenke, Lipsey, Adamini and Bieda
Nays: Rep. Van Regenmorter
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, November 30, 2004
Present: Reps. Howell, LaSata, Van Regenmorter, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda, Condino and Smith
Absent: Rep. Bradstreet
Excused: Rep. Bradstreet
The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported
House Bill No. 5294, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 2002 PA 142.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Rocca, Gaffney, Bisbee, Julian, Palsrok, Sheen, Wojno, Meisner, Hopgood and Gieleghem
Nays: None
The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported
House Bill No. 5295, entitled
A bill to amend 1955 PA 224, entitled "An act to regulate sales at public auction; to provide for the issuing of licenses; and to prescribe penalties for violations of the provisions of this act," by amending sections 1, 2, 3, 4, 5, 6, 7, 9, and 10 (MCL 446.51, 446.52, 446.53, 446.54, 446.55, 446.56, 446.57, 446.59, and 446.60) and by adding sections 1a and 5a.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Rocca, Gaffney, Bisbee, Julian, Palsrok, Sheen, Wojno, Meisner, Hopgood and Gieleghem
Nays: None
The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported
Senate Bill No. 1321, entitled
A bill to amend 1950 (Ex Sess) PA 27, entitled "Motor vehicle sales finance act," by amending section 2 (MCL 492.102), as amended by 1995 PA 166.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Rocca, Gaffney, Bisbee, Julian, Palsrok, Sheen, Wojno, Meisner, Hopgood and Gieleghem
Nays: None
The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported
Senate Bill No. 1434, entitled
A bill to allow the state to acquire and convey certain parcels of land in Otsego county; to provide conditions for the conveyances; to provide for certain easements; and to provide for disposition of the revenue derived from the conveyances.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, line 5, after "corporation." by inserting "If any fee, term, or condition for the use of the property is imposed on members of the public, or if any of those fees, terms, or conditions are waived for use of the property, resident and nonresident members of the public shall be subject to the same fees, terms, conditions, and waivers.".
The bill and amendment were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Rocca, Bisbee, Julian, Palsrok, Sheen, Wojno, Meisner, Hopgood and Gieleghem
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Rocca, Chair, of the Committee on Regulatory Reform, was received and read:
Meeting held on: Tuesday, November 30, 2004
Present: Reps. Rocca, Gaffney, Bisbee, Julian, Palsrok, Sheen, Wojno, Meisner, Hopgood and Gieleghem
Absent: Rep. DeRoche
Excused: Rep. DeRoche
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bradstreet, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Tuesday, November 30, 2004
Present: Reps. Bradstreet, Huizenga, Middaugh, Bisbee, LaSata, Casperson, Garfield, LaJoy, Nitz, Palsrok, Stahl, McConico, Rivet, Woodward and Murphy
Absent: Reps. DeRoche, Daniels, Hopgood and Stallworth
Excused: Reps. DeRoche, Daniels, Hopgood and Stallworth
______
Rep. Palmer moved that Rep. Pappageorge be excused temporarily from today's session.
The motion prevailed.
Rep. Waters moved that Rep. Elkins be excused temporarily from today's session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
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.
(The bill was received from the Senate on November 4, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 9, see House Journal No. 84, p. 2424.)
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. 922 Yeas--100
Accavitti Farhat Lipsey Shaffer
Acciavatti Farrah McConico Sheen
Adamini Gaffney Meisner Sheltrown
Amos Gieleghem Meyer Shulman
Anderson Gillard Middaugh Smith
Bieda Gleason Milosch Spade
Bisbee Hager Minore Stakoe
Bradstreet Hardman Moolenaar Stallworth
Brandenburg Hood Mortimer Steil
Brown Hoogendyk Murphy Stewart
Byrum Hopgood Newell Tabor
Casperson Howell Nitz Taub
Caswell Huizenga Nofs Tobocman
Caul Hummel O'Neil Vagnozzi
Cheeks Hune Palmer Van Regenmorter
Clack Jamnick Palsrok Vander Veen
Condino Johnson, Rick Pastor Voorhees
Daniels Johnson, Ruth Plakas Ward
Dennis Julian Pumford Waters
DeRoche Koetje Richardville Wenke
DeRossett Kolb Rivet Whitmer
Dillon Kooiman Robertson Wojno
Drolet LaJoy Rocca Woodward
Ehardt LaSata Sak Woronchak
Emmons Law Shackleton Zelenko
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.
______
Rep. Palmer moved that Rep. Hager be excused temporarily from today's session.
The motion prevailed.
Rep. Waters moved that Rep. Clack be excused temporarily from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5078, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), section 17001 as amended by 1990 PA 248 and section 17501 as amended by 1990 PA 247, and by adding sections 17018 and 17518.
(The bill was read a second time, committee substitute (H-3) adopted, amended, amendments offered and bill postponed for the day on November 4, see House Journal No. 84, p. 2414; amendments offered and bill postponed temporarily on November 10, see House Journal No. 86, p. 2496.)
Rep. Vander Veen moved to amend the bill as follows:
1. Amend page 4, line 23, by striking out all of subsection (3) and renumbering the remaining subsection.
2. Amend page 5, line 4, after "podiatrist" by inserting a comma and "or a physical therapist,".
3. Amend page 7, line 15, by striking out all of subsection (3) and renumbering the remaining subsection.
4. Amend page 7, line 23, after "podiatrist" by inserting a comma and "or a physical therapist,".
The question being on the adoption of the amendments offered previously by Rep. Vander Veen,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 923 Yeas--43
Accavitti Emmons Milosch Stahl
Acciavatti Garfield Mortimer Stakoe
Amos Hoogendyk Newell Steil
Bisbee Howell Nitz Tabor
Bradstreet Huizenga O'Neil Vagnozzi
Casperson Hummel Palmer Vander Veen
Caswell Johnson, Rick Pastor Voorhees
Caul Johnson, Ruth Pumford Walker
Dennis Koetje Shackleton Wenke
Drolet Kooiman Shaffer Woronchak
Ehardt Middaugh Sheen
Nays--60
Adamini Gaffney Lipsey Sheltrown
Anderson Gieleghem McConico Shulman
Bieda Gillard Meisner Smith
Brandenburg Gleason Meyer Spade
Brown Hardman Minore Stallworth
Byrum Hood Moolenaar Stewart
Cheeks Hopgood Murphy Taub
Condino Hune Nofs Tobocman
Daniels Hunter Palsrok Van Regenmorter
DeRoche Jamnick Plakas Ward
DeRossett Julian Richardville Waters
Dillon Kolb Rivet Whitmer
Elkins LaJoy Robertson Wojno
Farhat LaSata Rocca Woodward
Farrah Law Sak Zelenko
In The Chair: Julian
Rep. Hardman 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. Sheltrown be excused temporarily from today's session.
The motion prevailed.
Rep. Palmer moved that Reps. Ehardt and Emmons 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. 5078, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), section 17001 as amended by 1990 PA 248 and section 17501 as amended by 1990 PA 247, and by adding sections 17018 and 17518.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 924 Yeas--67
Accavitti Farrah Lipsey Shaffer
Adamini Gaffney McConico Shulman
Amos Gieleghem Meisner Spade
Anderson Gillard Meyer Stallworth
Bieda Gleason Minore Stewart
Brandenburg Hardman Moolenaar Tabor
Brown Hood Murphy Taub
Byrum Hopgood Newell Tobocman
Casperson Howell Nitz Walker
Cheeks Hummel Nofs Ward
Condino Hune Palsrok Waters
Daniels Jamnick Richardville Wenke
Dennis Johnson, Rick Rivet Whitmer
DeRossett Julian Robertson Wojno
Dillon Kolb Rocca Woodward
Elkins LaSata Sak Zelenko
Farhat Law Shackleton
Nays--32
Acciavatti Hoogendyk Milosch Stahl
Bisbee Huizenga Mortimer Stakoe
Bradstreet Hunter O'Neil Steil
Caswell Johnson, Ruth Palmer Vagnozzi
Caul Koetje Pastor Van Regenmorter
DeRoche Kooiman Plakas Vander Veen
Drolet LaJoy Pumford Voorhees
Garfield Middaugh Sheen Woronchak
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
Senate Bill No. 753, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5474a; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Kolb moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. 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.
______
Rep. Waters moved that Rep. Kolb be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 753, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5474a; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 925 Yeas--91
Accavitti Farrah Meyer Spade
Acciavatti Gaffney Middaugh Stahl
Adamini Gillard Minore Stakoe
Amos Gleason Moolenaar Stallworth
Anderson Hardman Mortimer Steil
Bieda Hood Murphy Stewart
Brandenburg Hopgood Newell Tabor
Brown Howell Nitz Taub
Byrum Huizenga Nofs Tobocman
Casperson Hummel O'Neil Vagnozzi
Caswell Hune Palsrok Van Regenmorter
Caul Hunter Pastor Vander Veen
Cheeks Jamnick Plakas Voorhees
Condino Johnson, Ruth Pumford Walker
Daniels Julian Richardville Ward
Dennis Koetje Rivet Waters
DeRoche Kooiman Robertson Wenke
DeRossett LaJoy Rocca Whitmer
Dillon LaSata Sak Wojno
Ehardt Law Shackleton Woodward
Elkins Lipsey Shaffer Woronchak
Emmons McConico Shulman Zelenko
Farhat Meisner Smith
Nays--8
Bisbee Drolet Hoogendyk Palmer
Bradstreet Garfield Milosch Sheen
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 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 provide for the levy of taxes against certain health facilities or agencies; 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,"
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.
______
Rep. Kolb, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call No. 925. Had I been present, I would have voted 'yea'."
Rep. Pappageorge, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call Nos. 922-925. Had I been present, I would have voted 'yea'."
______
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
Messages from the Senate
Senate Bill No. 517, entitled
A bill to amend 1984 PA 427, entitled "Municipal employees retirement act of 1984," by amending sections 2a, 2b, and 36 (MCL 38.1502a, 38.1502b, and 38.1536), as amended by 1996 PA 220; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Senate Bill No. 1266, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30903 and 30927 (MCL 324.30903 and 324.30927), as added by 1995 PA 59, and by adding section 30929.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Senate Bill No. 1267, entitled
A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending section 317 (MCL 484.1317) and by adding section 317a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Senate Bill No. 1409, entitled
A bill to amend 1992 PA 116, entitled "Records media act," by amending section 3 (MCL 24.403) and by adding section 6.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Second Reading of Bills
Senate Bill No. 146, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 307b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. DeRossett moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Anderson moved that consideration of the bill be postponed for the day.
The motion prevailed.
House Bill No. 5408, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2001 PA 139, and by adding section 16346 and part 183A.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Health Policy,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Vander Veen 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.
Rep. Waters moved that Rep. Lipsey 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. 5408, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2001 PA 139, and by adding section 16346 and part 183A.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 926 Yeas--62
Accavitti Gleason Nofs Spade
Amos Hopgood O'Neil Stakoe
Bieda Howell Palsrok Steil
Brown Huizenga Pappageorge Stewart
Casperson Johnson, Rick Plakas Tabor
Caswell Johnson, Ruth Pumford Vagnozzi
Caul Julian Richardville Van Regenmorter
Condino Koetje Rivet Vander Veen
Dennis Kooiman Robertson Voorhees
DeRossett LaJoy Rocca Walker
Ehardt Meisner Sak Ward
Emmons Meyer Shackleton Wenke
Farrah Moolenaar Shaffer Wojno
Gaffney Mortimer Sheltrown Woodward
Gieleghem Newell Shulman Woronchak
Gillard Nitz
Nays--41
Acciavatti Drolet Jamnick Reeves
Adamini Elkins LaSata Sheen
Anderson Farhat Law Smith
Bisbee Garfield McConico Stahl
Bradstreet Hardman Middaugh Stallworth
Brandenburg Hood Milosch Taub
Byrum Hoogendyk Minore Tobocman
Cheeks Hummel Murphy Waters
Daniels Hune Palmer Whitmer
DeRoche Hunter Pastor Zelenko
Dillon
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 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2004 PA 97, and by adding section 16346 and part 183A.
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. Clack, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call Nos. 923-926. Had I been present, I would have voted 'nay' on Roll Call No. 923 and 'yea' on Roll Call Nos. 924-926."
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. 1453, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 8a and 9 (MCL 125.2688a and 125.2689), section 8a as amended by 2002 PA 587.
The bill was read a second time.
Rep. Emmons 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. 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. 1453, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 8a and 9 (MCL 125.2688a and 125.2689), section 8a as amended by 2002 PA 587.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Daniels moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 5746, entitled
A bill to enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to make uniform the law with reference to securities; 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-3) previously recommended by the Committee on Commerce,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. O'Neil moved to amend the bill as follows:
1. Amend page 3, line 17, after "(iii)" by striking out "A" and inserting "Beginning on the effective date of this act and until December 31, 2006, a".
2. Amend page 3, following line 17, by inserting:
"(iv) Beginning January 1, 2007, a bank, trust company organized or chartered under the laws of this state, or savings institution if its activities as a broker-dealer are limited to those specified in section 3(a)(4)(B)(i) through (vi), (viii) through (x), and (xi) if limited to unsolicited transactions; 3(a)(5)(B); and 3(a)(5)(C) of the securities exchange act of 1934, 15 USC 78c, or a bank that satisfies the conditions described in section 3(a)(4)(E) of the securities exchange act of 1934, 15 USC 78c." and renumbering the remaining subparagraphs.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Koetje 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. 5746, entitled
A bill to enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to make uniform the law with reference to securities; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 927 Yeas--69
Accavitti Farhat Meyer Rocca
Acciavatti Gaffney Milosch Shackleton
Adamini Garfield Minore Shaffer
Amos Gleason Moolenaar Shulman
Bisbee Hager Mortimer Stahl
Bradstreet Hoogendyk Newell Stakoe
Brandenburg Howell Nofs Stallworth
Brown Huizenga O'Neil Steil
Casperson Hummel Palmer Tabor
Caswell Hune Palsrok Taub
Caul Hunter Pappageorge Van Regenmorter
Daniels Johnson, Rick Pastor Vander Veen
DeRoche Julian Plakas Voorhees
DeRossett Koetje Pumford Walker
Dillon Kooiman Richardville Ward
Drolet LaJoy Rivet Wenke
Ehardt McConico Robertson Woronchak
Emmons
Nays--37
Anderson Gillard Meisner Spade
Bieda Hardman Middaugh Stewart
Byrum Hood Murphy Tobocman
Cheeks Hopgood Nitz Vagnozzi
Clack Jamnick Reeves Waters
Condino Johnson, Ruth Sak Whitmer
Dennis Kolb Sheen Wojno
Elkins LaSata Sheltrown Woodward
Farrah Law Smith Zelenko
Gieleghem
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.
Rep. Lipsey, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call Nos. 926-927. Had I been present, I would have voted 'nay' on Roll Call No. 926 and 'yea' on Roll Call No. 927."
______
Rep. Tobocman, 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 would have supported this bill if it contained language including variable annuities within the definition of a security. I hope that the Senate will include such an amendment. Otherwise, this legislation is solid."
Second Reading of Bills
House Bill No. 5668, entitled
A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending sections 2 and 8 (MCL 205.422 and 205.428), as amended by 1997 PA 187.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Regulatory Reform,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Julian moved to substitute (H-4) the bill.
The motion did not prevail and the substitute (H-4) was not adopted, a majority of the members serving not voting therefor.
Rep. Julian moved to substitute (H-5) the bill.
The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Julian moved to amend the bill as follows:
1. Amend page 16, line 27, after "a" by inserting "copy of a".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Julian 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. 5668, entitled
A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending sections 2 and 8 (MCL 205.422 and 205.428), as amended by 1997 PA 187.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 928 Yeas--102
Accavitti Gieleghem Middaugh Sheltrown
Acciavatti Gillard Milosch Shulman
Adamini Gleason Minore Smith
Amos Hager Moolenaar Spade
Anderson Hardman Mortimer Stahl
Bieda Hood Murphy Stakoe
Brandenburg Hoogendyk Newell Stallworth
Brown Hopgood Nitz Steil
Byrum Howell Nofs Stewart
Casperson Hummel O'Neil Tabor
Caswell Hune Palmer Taub
Caul Hunter Palsrok Tobocman
Cheeks Jamnick Pappageorge Vagnozzi
Clack Johnson, Rick Pastor Van Regenmorter
Condino Johnson, Ruth Plakas Vander Veen
Daniels Julian Pumford Voorhees
Dennis Koetje Reeves Walker
DeRoche Kolb Richardville Ward
DeRossett Kooiman Rivet Waters
Dillon LaJoy Robertson Wenke
Ehardt LaSata Rocca Whitmer
Elkins Law Sak Wojno
Emmons Lipsey Shackleton Woodward
Farhat McConico Shaffer Woronchak
Farrah Meisner Sheen Zelenko
Gaffney Meyer
Nays--3
Drolet Garfield Huizenga
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 1993 PA 327, entitled "Tobacco products tax act," by amending sections 2, 8, 9, and 11 (MCL 205.422, 205.428, 205.429, and 205.431), sections 2, 8, and 9 as amended by 1997 PA 187.
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
House Bill No. 5747, entitled
A bill to amend 1986 PA 316, entitled "Michigan education trust act," by amending section 19 (MCL 390.1439).
The bill was read a second time.
Rep. Koetje 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. 5747, entitled
A bill to amend 1986 PA 316, entitled "Michigan education trust act," by amending section 19 (MCL 390.1439).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 929 Yeas--106
Accavitti Farrah McConico Shaffer
Acciavatti Gaffney Meisner Sheltrown
Adamini Garfield Meyer Shulman
Amos Gieleghem Middaugh Smith
Anderson Gillard Milosch Spade
Bieda Gleason Minore Stahl
Bisbee Hager Moolenaar Stakoe
Bradstreet Hardman Mortimer Stallworth
Brandenburg Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga O'Neil 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 Reeves Waters
DeRossett Koetje Richardville Wenke
Dillon Kolb Rivet Whitmer
Drolet Kooiman Robertson Wojno
Ehardt LaJoy Rocca Woodward
Elkins LaSata Sak Woronchak
Emmons Law Shackleton Zelenko
Farhat Lipsey
Nays--1
Sheen
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. 5748, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 159g and 411j (MCL 750.159g and 750.411j), section 159g as amended by 2002 PA 124 and section 411j as amended by 2002 PA 136.
The bill was read a second time.
Rep. Koetje 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. 5748, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 159g and 411j (MCL 750.159g and 750.411j), section 159g as amended by 2002 PA 124 and section 411j as amended by 2002 PA 136.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 930 Yeas--107
Accavitti Farrah McConico Sheen
Acciavatti Gaffney Meisner Sheltrown
Adamini Garfield Meyer Shulman
Amos Gieleghem Middaugh Smith
Anderson Gillard Milosch Spade
Bieda Gleason Minore Stahl
Bisbee Hager Moolenaar Stakoe
Bradstreet Hardman Mortimer Stallworth
Brandenburg Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga O'Neil 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 Reeves Waters
DeRossett Koetje Richardville Wenke
Dillon Kolb Rivet Whitmer
Drolet Kooiman Robertson Wojno
Ehardt LaJoy Rocca Woodward
Elkins LaSata Sak Woronchak
Emmons Law Shackleton Zelenko
Farhat 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.
Second Reading of Bills
House Bill No. 5749, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 2002 PA 142.
The bill was read a second time.
Rep. Koetje 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. 5749, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 2002 PA 142.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 931 Yeas--107
Accavitti Farrah McConico Sheen
Acciavatti Gaffney Meisner Sheltrown
Adamini Garfield Meyer Shulman
Amos Gieleghem Middaugh Smith
Anderson Gillard Milosch Spade
Bieda Gleason Minore Stahl
Bisbee Hager Moolenaar Stakoe
Bradstreet Hardman Mortimer Stallworth
Brandenburg Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga O'Neil 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 Reeves Waters
DeRossett Koetje Richardville Wenke
Dillon Kolb Rivet Whitmer
Drolet Kooiman Robertson Wojno
Ehardt LaJoy Rocca Woodward
Elkins LaSata Sak Woronchak
Emmons Law Shackleton Zelenko
Farhat 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.
Second Reading of Bills
House Bill No. 5750, entitled
A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," by amending section 515 (MCL 491.515), as added by 1987 PA 106.
The bill was read a second time.
Rep. Koetje 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. 5750, entitled
A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," by amending section 515 (MCL 491.515), as added by 1987 PA 106.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 932 Yeas--107
Accavitti Farrah McConico Sheen
Acciavatti Gaffney Meisner Sheltrown
Adamini Garfield Meyer Shulman
Amos Gieleghem Middaugh Smith
Anderson Gillard Milosch Spade
Bieda Gleason Minore Stahl
Bisbee Hager Moolenaar Stakoe
Bradstreet Hardman Mortimer Stallworth
Brandenburg Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga O'Neil 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 Reeves Waters
DeRossett Koetje Richardville Wenke
Dillon Kolb Rivet Whitmer
Drolet Kooiman Robertson Wojno
Ehardt LaJoy Rocca Woodward
Elkins LaSata Sak Woronchak
Emmons Law Shackleton Zelenko
Farhat 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.
______
Speaker Pro Tempore called Associate Speaker Pro Tempore Ehardt to the Chair.
Second Reading of Bills
House Bill No. 5751, entitled
A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," by amending section 1137 (MCL 450.3137), as added by 1984 PA 209.
The bill was read a second time.
Rep. Koetje 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. Mortimer moved that Rep. Julian 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. 5751, entitled
A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," by amending section 1137 (MCL 450.3137), as added by 1984 PA 209.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 933 Yeas--106
Accavitti Farrah Meisner Sheen
Acciavatti Gaffney Meyer Sheltrown
Adamini Garfield Middaugh Shulman
Amos Gieleghem Milosch Smith
Anderson Gillard Minore Spade
Bieda Gleason Moolenaar Stahl
Bisbee Hager Mortimer Stakoe
Bradstreet Hardman Murphy Stallworth
Brandenburg Hood Newell Steil
Brown Hoogendyk Nitz Stewart
Byrum Hopgood Nofs Tabor
Casperson Howell O'Neil Taub
Caswell Huizenga Palmer Tobocman
Caul Hummel Palsrok Vagnozzi
Cheeks Hune Pappageorge Van Regenmorter
Clack Hunter Pastor Vander Veen
Condino Jamnick Plakas Voorhees
Daniels Johnson, Rick Pumford Walker
Dennis Johnson, Ruth Reeves Ward
DeRoche Koetje Richardville Waters
DeRossett Kolb Rivet Wenke
Dillon Kooiman Robertson Whitmer
Drolet LaJoy Rocca Wojno
Ehardt LaSata Sak Woodward
Elkins Law Shackleton Woronchak
Emmons Lipsey Shaffer Zelenko
Farhat McConico
Nays--0
In The Chair: Ehardt
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. 5752, entitled
A bill to amend 1962 PA 192, entitled "Professional service corporation act," by amending section 8 (MCL 450.228), as amended by 1998 PA 48.
The bill was read a second time.
Rep. Koetje 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. Hune moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
Rep. Waters moved that Rep. Zelenko 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. 5752, entitled
A bill to amend 1962 PA 192, entitled "Professional service corporation act," by amending section 8 (MCL 450.228), as amended by 1998 PA 48.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 934 Yeas--104
Accavitti Farrah McConico Shaffer
Acciavatti Gaffney Meisner Sheen
Adamini Garfield Meyer Sheltrown
Amos Gieleghem Middaugh Shulman
Anderson Gillard Milosch Smith
Bieda Gleason Minore Spade
Bisbee Hager Moolenaar Stahl
Bradstreet Hardman 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 Palmer Tobocman
Cheeks Hune Palsrok Vagnozzi
Clack Hunter Pappageorge Van Regenmorter
Condino Jamnick Pastor Vander Veen
Daniels Johnson, Rick Plakas Voorhees
Dennis Johnson, Ruth Pumford Walker
DeRossett Koetje Reeves Ward
Dillon Kolb Richardville Waters
Drolet Kooiman Rivet Wenke
Ehardt LaJoy Robertson Whitmer
Elkins LaSata Rocca Wojno
Emmons Law Sak Woodward
Farhat Lipsey Shackleton Woronchak
Nays--0
In The Chair: Ehardt
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. 5753, entitled
A bill to amend 1986 PA 157, entitled "Michigan export development act," by amending section 10 (MCL 447.160), as amended by 2002 PA 302.
The bill was read a second time.
Rep. Koetje 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. Daniels 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. 5753, entitled
A bill to amend 1986 PA 157, entitled "Michigan export development act," by amending section 10 (MCL 447.160), as amended by 2002 PA 302.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 935 Yeas--103
Accavitti Farrah McConico Sheen
Acciavatti Gaffney Meyer Sheltrown
Adamini Garfield Middaugh Shulman
Amos Gieleghem Milosch Smith
Anderson Gillard Minore Spade
Bieda Gleason Moolenaar Stahl
Bisbee Hager Mortimer Stakoe
Bradstreet Hardman Murphy Stallworth
Brandenburg Hood Newell Steil
Brown Hoogendyk Nitz Stewart
Byrum Hopgood Nofs Tabor
Casperson Howell O'Neil Taub
Caswell Huizenga Palmer Tobocman
Caul Hummel Palsrok Vagnozzi
Cheeks Hune Pappageorge Van Regenmorter
Clack Hunter Pastor Vander Veen
Condino Jamnick Plakas Voorhees
Dennis Johnson, Rick Pumford Walker
DeRoche Johnson, Ruth Reeves Ward
DeRossett Koetje Richardville Waters
Dillon Kolb Rivet Wenke
Drolet Kooiman Robertson Whitmer
Ehardt LaJoy Rocca Wojno
Elkins LaSata Sak Woodward
Emmons Law Shackleton Woronchak
Farhat Lipsey Shaffer
Nays--0
In The Chair: Ehardt
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. 5754, entitled
A bill to amend 1994 PA 160, entitled "Credit services protection act," by amending section 2 (MCL 445.1822).
The bill was read a second time.
Rep. Koetje 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. 5754, entitled
A bill to amend 1994 PA 160, entitled "Credit services protection act," by amending section 2 (MCL 445.1822).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 936 Yeas--104
Accavitti Farhat Lipsey Shaffer
Acciavatti Farrah McConico Sheen
Adamini Gaffney Meisner Sheltrown
Amos Garfield Meyer Shulman
Anderson Gieleghem Middaugh Smith
Bieda Gillard Milosch Spade
Bisbee Gleason Minore Stahl
Bradstreet Hager Moolenaar Stakoe
Brandenburg Hardman Mortimer Stallworth
Brown Hood Murphy Steil
Byrum Hoogendyk Newell Stewart
Casperson Hopgood Nitz Tabor
Caswell Howell Nofs Taub
Caul Huizenga O'Neil Tobocman
Cheeks Hummel Palmer Vagnozzi
Clack Hune Palsrok Van Regenmorter
Condino Hunter Pappageorge Vander Veen
Daniels Jamnick Pastor Voorhees
Dennis Johnson, Rick Plakas Walker
DeRoche Johnson, Ruth Reeves Ward
DeRossett Koetje Richardville Waters
Dillon Kolb Rivet Wenke
Drolet Kooiman Robertson Whitmer
Ehardt LaJoy Rocca Wojno
Elkins LaSata Sak Woodward
Emmons Law Shackleton Woronchak
Nays--0
In The Chair: Ehardt
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. 5755, entitled
A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending sections 1a and 29 (MCL 445.1651a and 445.1679), section 1a as amended by 2002 PA 391 and section 29 as amended by 1996 PA 210.
The bill was read a second time.
Rep. Bisbee moved to amend the bill as follows:
1. Amend page 5, following line 8, by inserting:
"Sec. 2. (1) A person shall not act as a mortgage broker, mortgage lender, or mortgage servicer without first obtaining a license or registering under this act, unless 1 or more of the following apply:
(a) The person is solelyan individualwho is performing services as an employee or agent of only 1 mortgage broker, mortgage lender, or mortgage servicer.
(b) The person is exempted from the act under section 25.
(c) The person is licensed as a class I licensee under the consumer financial services act, 1988 PA 161, MCL 487.2051 to 487.2072.
(2) A person that is licensed to make regulatory loans under the regulatory loan act, of 1963, 1939 PA 21, MCL 493.1 to 493.25493.24, or is licensed to make secondary mortgage loans under the secondary mortgage loan act, 1981 PA 125, MCL 493.51 to 493.81, and is registered with the commissioner shall file with the commissioner an application for a license under section 3(1) or shall discontinue all activities that are subject to this act.
(3) Unless a residential mortgage originator is otherwise licensed or registered under this act, a residential mortgage originator shall not receive directly or indirectly any compensation, commission, fee, points, or other remuneration or benefits from a mortgage broker, mortgage lender, or mortgage servicer other than the employer of the residential mortgage originator.
(4) Unless a residential mortgage originator is otherwise licensed or registered under this act, a mortgage broker, mortgage lender, or mortgage servicer shall not pay directly or indirectly any compensation, commission, fee, points, or other remuneration or benefits to a residential mortgage originator other than an employee of the mortgage broker, mortgage lender, or mortgage servicer. As used in this subsection and subsection (3), "residential mortgage originator" means a person who assists another person in obtaining a mortgage loan.
(5) A mortgage broker, mortgage lender, or mortgage servicer that was exempt from regulation under this act and is a subsidiary or affiliate of a depository financial institution or a depository financial institution holding company that does not maintain a main office or branch office in this state, shall register under section 6 or shall discontinue all activities subject to this act.
(6) Except for a state or nationally chartered bank, savings bank, or an affiliate of a bank or savings bank, the person subject to this act shall not include in its name or assumed name, the words "bank", "banker", "banking", "banc", "bankcorp", "bancorp", or any other words or phrases that would imply that the person is a bank, is engaged in the business of banking, or is affiliated with a bank or savings bank. It is not a violation of this subsection for a licensee or registrant to use the term "mortgage banker" or "mortgage banking" in its name or assumed name. A person subject to this act whose name or assumed name on January 1, 1995 contained a word prohibited by this section may continue to use the name or assumed name.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Koetje 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.
______
The Speaker Pro Tempore resumed the Chair.
Rep. Sak moved that Rep. Murphy be excused temporarily from today's session.
The motion prevailed.
Rep. Waters moved that Rep. Cheeks 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. 5755, entitled
A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending sections 1a and 29 (MCL 445.1651a and 445.1679), section 1a as amended by 2002 PA 391 and section 29 as amended by 1996 PA 210.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 937 Yeas--101
Accavitti Gaffney Meisner Sheen
Acciavatti Garfield Meyer Sheltrown
Adamini Gieleghem Middaugh Shulman
Amos Gillard Milosch Smith
Anderson Gleason Minore Spade
Bieda Hager Moolenaar Stahl
Bisbee Hardman Mortimer Stakoe
Bradstreet Hood Newell Stallworth
Brandenburg Hoogendyk Nitz Steil
Brown Hopgood Nofs Stewart
Byrum Huizenga O'Neil Tabor
Casperson Hummel Palmer Taub
Caswell Hune Palsrok Tobocman
Caul Hunter Pappageorge Vagnozzi
Clack Jamnick Pastor Van Regenmorter
Condino Johnson, Ruth Plakas Vander Veen
Daniels Julian Pumford Voorhees
Dennis Koetje Reeves Walker
DeRoche Kolb Richardville Ward
DeRossett Kooiman Rivet Waters
Dillon LaJoy Robertson Wenke
Drolet LaSata Rocca Whitmer
Elkins Law Sak Wojno
Emmons Lipsey Shackleton Woodward
Farhat McConico Shaffer Woronchak
Farrah
Nays--0
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 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending sections 1a, 2, and 29 (MCL 445.1651a, 445.1652, and 445.1679), section 1a as amended by 2002 PA 391, section 2 as amended by 2002 PA 4, and section 29 as amended by 1996 PA 210.
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
House Bill No. 5756, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 20 (MCL 445.920).
The bill was read a second time.
Rep. Koetje 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. 5756, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 20 (MCL 445.920).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 938 Yeas--99
Accavitti Gaffney McConico Sheen
Acciavatti Garfield Meisner Sheltrown
Adamini Gieleghem Meyer Smith
Amos Gillard Middaugh Spade
Anderson Gleason Milosch Stahl
Bieda Hager Minore Stakoe
Bisbee Hardman Moolenaar Stallworth
Brandenburg Hood Mortimer Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga Palmer Tobocman
Caul Hummel Palsrok Vagnozzi
Clack Hune Pappageorge Van Regenmorter
Daniels Hunter Pastor Vander Veen
Dennis Jamnick Plakas Voorhees
DeRoche Johnson, Ruth Pumford Walker
DeRossett Julian Reeves Ward
Dillon Koetje Richardville Waters
Drolet Kolb Rivet Wenke
Ehardt Kooiman Robertson Whitmer
Elkins LaJoy Rocca Wojno
Emmons LaSata Sak Woodward
Farhat Law Shackleton Woronchak
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.
Second Reading of Bills
House Bill No. 5757, entitled
A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales; to regulate certain telephone solicitation; to provide for the powers and duties of certain state officers and entities; and to prescribe penalties and remedies," by amending section 1 (MCL 445.111), as amended by 2002 PA 612.
The bill was read a second time.
Rep. Koetje 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. 5757, entitled
A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales; to regulate certain telephone solicitation; to provide for the powers and duties of certain state officers and entities; and to prescribe penalties and remedies," by amending section 1 (MCL 445.111), as amended by 2002 PA 612.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 939 Yeas--96
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
Brandenburg Hood Newell Stallworth
Brown Hoogendyk Nitz Steil
Byrum Hopgood Nofs Stewart
Casperson Howell O'Neil Tabor
Caswell Huizenga Palmer Taub
Caul Hune Palsrok Tobocman
Cheeks Hunter Pappageorge Vagnozzi
Clack Jamnick Pastor Van Regenmorter
Daniels Johnson, Ruth Plakas Vander Veen
Dennis Julian Pumford Voorhees
DeRoche Koetje Reeves Walker
DeRossett Kolb Richardville Ward
Dillon Kooiman Rivet Waters
Drolet LaJoy Robertson Wenke
Elkins LaSata Rocca Wojno
Farhat Law Sak Woodward
Farrah Lipsey Shaffer Woronchak
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. 5758, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 21528 and 50510 (MCL 324.21528 and 324.50510), section 21528 as amended by 1996 PA 181 and section 50510 as amended by 2002 PA 387.
The bill was read a second time.
Rep. Koetje 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. 5758, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 21528 and 50510 (MCL 324.21528 and 324.50510), section 21528 as amended by 1996 PA 181 and section 50510 as amended by 2002 PA 387.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 940 Yeas--102
Accavitti Farhat Lipsey Sheen
Acciavatti Farrah McConico Sheltrown
Adamini Gaffney Meisner Shulman
Amos Garfield Meyer Smith
Anderson Gieleghem Middaugh Spade
Bieda Gillard Milosch Stahl
Bisbee Gleason Minore Stakoe
Bradstreet Hager Moolenaar Stallworth
Brandenburg Hardman Mortimer Steil
Brown Hood Newell Stewart
Byrum Hoogendyk Nitz Tabor
Casperson Hopgood O'Neil Taub
Caswell Howell Palmer Tobocman
Caul Huizenga Palsrok Vagnozzi
Cheeks Hummel Pappageorge Van Regenmorter
Clack Hune Pastor Vander Veen
Condino Hunter Plakas Voorhees
Daniels Jamnick Pumford Walker
Dennis Johnson, Ruth Reeves Ward
DeRoche Julian Richardville Waters
DeRossett Koetje Robertson Wenke
Dillon Kolb Rocca Whitmer
Drolet Kooiman Sak Wojno
Ehardt LaJoy Shackleton Woodward
Elkins LaSata Shaffer Woronchak
Emmons Law
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. 5759, entitled
A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," by amending section 23 (MCL 125.2023), as amended by 2002 PA 556.
The bill was read a second time.
Rep. Koetje 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. 5759, entitled
A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," by amending section 23 (MCL 125.2023), as amended by 2002 PA 556.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 941 Yeas--105
Accavitti Farrah McConico Shaffer
Acciavatti Gaffney Meisner Sheen
Adamini Garfield Meyer Sheltrown
Amos Gieleghem Middaugh Shulman
Anderson Gillard Milosch Smith
Bieda Gleason Minore Spade
Bisbee Hager Moolenaar Stahl
Bradstreet Hardman 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 Palmer Tobocman
Cheeks Hune Palsrok Vagnozzi
Clack Hunter Pappageorge Van Regenmorter
Condino Jamnick Pastor Vander Veen
Daniels Johnson, Ruth Plakas Voorhees
Dennis Julian Pumford Walker
DeRoche Koetje Reeves Ward
DeRossett Kolb Richardville Waters
Dillon Kooiman Rivet Wenke
Drolet LaJoy Robertson Whitmer
Ehardt LaSata Rocca Wojno
Elkins Law Sak Woodward
Emmons Lipsey Shackleton Woronchak
Farhat
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. 5760, entitled
A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," by amending section 13 (MCL 38.1133), as amended by 2000 PA 307.
The bill was read a second time.
Rep. Koetje 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. 5760, entitled
A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," by amending section 13 (MCL 38.1133), as amended by 2000 PA 307.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 942 Yeas--102
Accavitti Farrah Meyer Sheen
Acciavatti Gaffney Middaugh Sheltrown
Adamini Gieleghem Milosch Shulman
Amos Gillard Minore Smith
Anderson Gleason Moolenaar Spade
Bieda Hager Mortimer Stahl
Bisbee Hardman Murphy Stakoe
Brandenburg Hood Newell Stallworth
Brown Hoogendyk Nitz Steil
Byrum Hopgood Nofs Stewart
Casperson Howell O'Neil Tabor
Caswell Hummel Palmer Taub
Caul Hune Palsrok Tobocman
Cheeks Hunter Pappageorge Vagnozzi
Clack Jamnick Pastor Van Regenmorter
Condino Johnson, Ruth Plakas Vander Veen
Daniels Julian Pumford Voorhees
Dennis Koetje Reeves Walker
DeRoche Kolb Richardville Ward
DeRossett Kooiman Rivet Waters
Dillon LaJoy Robertson Wenke
Drolet LaSata Rocca Whitmer
Ehardt Law Sak Wojno
Elkins Lipsey Shackleton Woodward
Emmons McConico Shaffer Woronchak
Farhat Meisner
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. 5761, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14j of chapter XVII (MCL 777.14j), as added by 2002 PA 29.
The bill was read a second time.
Rep. Koetje 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. 5761, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14j of chapter XVII (MCL 777.14j), as added by 2002 PA 29.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 943 Yeas--103
Accavitti Farhat Lipsey Sheen
Acciavatti Farrah McConico Sheltrown
Adamini Gaffney Meyer Shulman
Amos Garfield Middaugh Smith
Anderson Gieleghem Milosch Spade
Bieda Gillard Minore Stahl
Bisbee Gleason Moolenaar Stakoe
Bradstreet Hager Mortimer Stallworth
Brandenburg Hardman Murphy Steil
Brown Hood Newell Stewart
Byrum Hoogendyk Nitz Tabor
Casperson Hopgood Nofs Taub
Caswell Howell O'Neil Tobocman
Caul Huizenga Palmer Vagnozzi
Cheeks Hummel Palsrok Van Regenmorter
Clack Hune Pappageorge Vander Veen
Condino Hunter Pastor Voorhees
Daniels Jamnick Plakas Walker
Dennis Johnson, Ruth Pumford Ward
DeRoche Julian Richardville Waters
DeRossett Koetje Rivet Wenke
Dillon Kolb Robertson Whitmer
Drolet Kooiman Rocca Wojno
Ehardt LaJoy Sak Woodward
Elkins LaSata Shackleton Woronchak
Emmons Law 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.
Second Reading of Bills
Rep. Richardville moved that Rule 48 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
House Bill No. 6338, entitled
A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending the title and sections 10 and 11 (MCL 41.810 and 41.811), the title as amended by 1990 PA 102 and section 11 as amended by 1989 PA 81.
The bill was read a second time.
Rep. Howell 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. 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. 6338, entitled
A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending the title and sections 10 and 11 (MCL 41.810 and 41.811), the title as amended by 1990 PA 102 and section 11 as amended by 1989 PA 81.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 944 Yeas--104
Accavitti Farrah McConico Shaffer
Acciavatti Gaffney Meisner Sheen
Adamini Gieleghem Meyer Sheltrown
Amos Gillard Middaugh Shulman
Anderson Gleason Milosch Smith
Bieda Hager Minore Spade
Bisbee Hardman Moolenaar Stahl
Brandenburg Hood Mortimer Stakoe
Brown Hoogendyk Murphy Stallworth
Byrum Hopgood Newell Steil
Casperson Howell Nitz Stewart
Caswell Huizenga Nofs Tabor
Caul Hummel O'Neil Taub
Cheeks Hune Palmer Tobocman
Clack Hunter Palsrok Vagnozzi
Condino Jamnick Pappageorge Van Regenmorter
Daniels Johnson, Rick Pastor Vander Veen
Dennis Johnson, Ruth Plakas Voorhees
DeRoche Julian Pumford Walker
DeRossett Koetje Reeves Ward
Dillon Kolb Richardville Waters
Drolet Kooiman Rivet Wenke
Ehardt LaJoy Robertson Whitmer
Elkins LaSata Rocca Wojno
Emmons Law Sak Woodward
Farhat Lipsey Shackleton Woronchak
Nays--1
Garfield
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
Messages from the Senate
The Speaker laid before the House
House Bill No. 5529, entitled
A bill to authorize the state administrative board to convey certain state owned property in Ingham county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
(The bill was received from the Senate on November 10, 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. 86, p. 2483.)
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. 945 Yeas--80
Accavitti Elkins LaSata Rocca
Adamini Emmons Law Sak
Amos Farhat Lipsey Shackleton
Anderson Farrah McConico Sheltrown
Bieda Gaffney Meisner Shulman
Bisbee Gieleghem Meyer Smith
Brandenburg Gleason Minore Spade
Brown Hager Mortimer Stallworth
Byrum Hardman Murphy Steil
Casperson Hood Newell Stewart
Caswell Hoogendyk Nitz Tabor
Caul Hopgood Nofs Taub
Cheeks Howell O'Neil Tobocman
Clack Hummel Palmer Vagnozzi
Condino Hunter Palsrok Waters
Daniels Jamnick Pappageorge Wenke
Dennis Johnson, Rick Plakas Whitmer
DeRossett Julian Pumford Wojno
Dillon Kolb Richardville Woodward
Ehardt Kooiman Rivet Woronchak
Nays--24
Acciavatti Hune Moolenaar Stakoe
Bradstreet Johnson, Ruth Pastor Van Regenmorter
DeRoche Koetje Robertson Vander Veen
Drolet LaJoy Shaffer Voorhees
Garfield Middaugh Sheen Walker
Huizenga Milosch Stahl Ward
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.
The Speaker laid before the House
Senate Bill No. 757, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5475a.
(The bill was received from the Senate on November 10, with amendments to the House substitute (H-2), and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 86, p. 2532.)
The question being on concurring in the amendments to the House substitute (H-2) 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. 946 Yeas--96
Accavitti Gaffney Meisner Sheltrown
Acciavatti Gieleghem Meyer Shulman
Adamini Gillard Middaugh Smith
Amos Gleason Milosch Spade
Anderson Hager Minore Stahl
Bieda Hardman Moolenaar Stakoe
Brandenburg Hopgood Mortimer Stallworth
Byrum Howell Murphy Steil
Casperson Huizenga Newell Stewart
Caswell Hummel Nitz Tabor
Caul Hune Nofs Taub
Cheeks Hunter O'Neil Tobocman
Clack Jamnick Palsrok Vagnozzi
Condino Johnson, Rick Pappageorge Van Regenmorter
Daniels Johnson, Ruth Plakas Vander Veen
Dennis Julian Pumford Voorhees
DeRoche Koetje Reeves Walker
DeRossett Kolb Richardville Ward
Dillon Kooiman Rivet Waters
Ehardt LaJoy Robertson Wenke
Elkins LaSata Rocca Whitmer
Emmons Law Sak Wojno
Farhat Lipsey Shackleton Woodward
Farrah McConico Shaffer Woronchak
Nays--8
Bisbee Drolet Hoogendyk Pastor
Bradstreet Garfield Palmer Sheen
In The Chair: Julian
Third Reading of Bills
The House returned to the consideration of
Senate Bill No. 1453, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 8a and 9 (MCL 125.2688a and 125.2689), section 8a as amended by 2002 PA 587.
(The bill was considered earlier today, see today's Journal p. 2567.)
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. 947 Yeas--104
Accavitti Farrah McConico Shaffer
Acciavatti Gaffney Meisner Sheen
Adamini Gieleghem Meyer Sheltrown
Amos Gillard Middaugh Shulman
Anderson Gleason Milosch Smith
Bieda Hager Minore Spade
Bradstreet Hardman Moolenaar Stahl
Brandenburg Hood Mortimer Stakoe
Brown Hoogendyk Murphy Stallworth
Byrum Hopgood Newell Steil
Casperson Howell Nitz Stewart
Caswell Huizenga Nofs Tabor
Caul Hummel O'Neil Taub
Cheeks Hune Palmer Tobocman
Clack Hunter Palsrok Vagnozzi
Condino Jamnick Pappageorge Van Regenmorter
Daniels Johnson, Rick Pastor Vander Veen
Dennis Johnson, Ruth Plakas Voorhees
DeRoche Julian Pumford Walker
DeRossett Koetje Reeves Ward
Dillon Kolb Richardville Waters
Drolet Kooiman Rivet Wenke
Ehardt LaJoy Robertson Whitmer
Elkins LaSata Rocca Wojno
Emmons Law Sak Woodward
Farhat Lipsey Shackleton Woronchak
Nays--1
Garfield
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 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 sections 6and 8a (MCL 125.2686 and 125.2688a), section 6 as amended by 2004 PA 16 and section 8a as amended by 2002 PA 587.
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
House Bill No. 5233, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2001 PA 139, and by adding section 16346 and part 165.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Robertson moved to amend the bill as follows:
1. Amend page 9, line 12, after "500" by inserting "clock".
2. Amend page 9, line 12, after "training" by striking out the balance of the subsection and inserting a period.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Steil moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. 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. 5233, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2001 PA 139, and by adding section 16346 and part 165.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 948 Yeas--60
Accavitti Gleason Meyer Spade
Amos Hager Mortimer Stakoe
Bieda Hardman Murphy Stallworth
Brown Hopgood Newell Steil
Caswell Howell Nitz Stewart
Caul Huizenga O'Neil Tabor
Cheeks Hunter Pappageorge Vagnozzi
Daniels Jamnick Pastor Van Regenmorter
Dennis Johnson, Rick Plakas Vander Veen
DeRossett Julian Reeves Ward
Ehardt Koetje Richardville Wenke
Farrah Kolb Rivet Whitmer
Gaffney Kooiman Robertson Wojno
Gieleghem Law Sak Woodward
Gillard Meisner Shulman Woronchak
Nays--43
Acciavatti Dillon LaJoy Shaffer
Adamini Drolet LaSata Sheen
Anderson Elkins Lipsey Sheltrown
Bisbee Emmons Middaugh Smith
Bradstreet Farhat Milosch Stahl
Brandenburg Garfield Moolenaar Taub
Byrum Hood Nofs Tobocman
Casperson Hoogendyk Palmer Voorhees
Clack Hummel Palsrok Walker
Condino Hune Pumford Waters
DeRoche Johnson, Ruth Rocca
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 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2004 PA 97, and by adding section 16346 and part 165.
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Howell, Accavitti, Acciavatti, Bradstreet, Brandenburg, Caswell, Caul, DeRossett, Emmons, Garfield, Gleason, Hager, Hummel, Jamnick, Koetje, Kooiman, Lipsey, Meyer, Milosch, Minore, Palmer, Sheen, Shulman, Stahl, Stakoe, Tobocman, Vander Veen and Voorhees offered the following resolution:
House Resolution No. 327.
A resolution to urge the Governor to appoint a task force examining alleged abuse in the issuance of personal protection orders.
Whereas, Personal protection orders (PPOs) are court orders protecting individuals from harassment, assault, beating, molesting, wounding, or stalking by another person. PPOs can also prohibit the assailant or potential assailant from entering the petitioner's premises, from removing minor children unless the removal is part of court-ordered visitation, and from having access to information in children's records that would reveal the respondent's address, phone number, and employment location; and
Whereas, For over a decade, Michigan has been a national leader in protecting domestic violence victims. During the 1993-94 session, the Legislature and the Governor worked together to enact comprehensive legislation significantly improving the state's response to domestic violence. Specifically, the Legislature made stalking a crime and allowed threats, harassment, and terrorizing acts to be prosecuted, providing needed protection for victims before actual physical attacks occurred. In 1994, the Governor created the Governor's Task Force on Domestic Violence, a special bipartisan domestic violence task force to investigate the long-standing obstacles for victims and potential victims to obtaining domestic abuse injunctions. The following year, the Legislature, acting upon the task force's recommendations, created PPOs; and
Whereas, In 1996, the Prosecuting Attorney's Association of Michigan and the Michigan Family Independence Agency's Domestic Violence Prevention and Treatment Board co-chaired a task force to look into widespread complaints of PPO misuse, difficulties in the granting of PPOs, and law enforcement's response to domestic violence. The Legislature, in response, enacted a package of public acts in 1999 to help eliminate PPO mistreatment in cases involving neighborhood disputes and expand the situations where police officers can arrest PPO violators. Further, in 2000, the Governor convened the Homicide Prevention Task Force to assess the current status of domestic violence laws and programs, and to identify areas of concern. The many recommendations that the Legislature subsequently enacted included fingerprinting and record-keeping requirements for criminal contempt violations of PPOs. The next year, the Legislature enacted a measure generally requiring law enforcement officers, prosecutors, and courts to enforce foreign PPOs in the same manner that Michigan-issued PPOs are enforced; and
Whereas, Although many people have benefited from our path-breaking statutes, many in the legal community believe that the process in which PPOs are granted is frequently being abused. For example, petitioners who are denied PPOs in one county may simply file for orders in another county instead of seeking appeals. Victims sometimes lure the person named in the PPO to their homes and then cite them for violations. In some instances, judges grant a disproportionate number of PPOs while other judges grant fewer. Another concern is that PPOs are not always served on a timely basis; now, therefore, be it
Resolved by the House of Representatives, That we urge the Governor to appoint a task force examining alleged abuse in the issuance of personal protection orders; and be it further
Resolved, That a copy of this resolution be transmitted to the Office of the Governor.
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,
Rep. Richardville moved that consideration of the resolution be postponed for the day.
The motion prevailed.
Reps. Bradstreet, Acciavatti, Brandenburg, DeRossett, Emmons, Garfield, Hager, Hummel, Kooiman, Meyer, Middaugh, Milosch, Nofs, Palmer, Robertson, Shaffer, Sheen, Stahl, Stakoe, Tabor, Van Regenmorter, Vander Veen and Voorhees offered the following resolution:
House Resolution No. 328.
A resolution to urge the Civil Service Commission to reject any and all provisions of state labor contracts that offer same-sex domestic partner benefits to state employees.
Whereas, The Governor, through the Office of the State Employer, is currently negotiating five different state contracts with various labor unions representing state employees. These contracts are to set labor compensation and benefits, beginning October 1, 2005; and
Whereas, According to the Office of the State Employer, under these contracts, the state is to provide for same-sex domestic partner health care benefits for state employees. Same-sex benefits for domestic partners have never before been provided to state employees; and
Whereas, On November 2, 2004, the people of Michigan spoke clearly on the issue of same-sex relationships. By a large margin, the people voted to amend our state constitution by adding language that provides that "the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose"; and
Whereas, The Civil Service Commission is empowered by the Constitution of the State of Michigan of 1963, under Article XI, Section 5, to fix rates of compensation for all classes of positions, approve or disapprove disbursements for all personal services, make rules and regulations covering all personnel transactions, and regulate all conditions of employment in the classified service. Furthermore, it is the responsibility of the Civil Service Commission to approve, reject, or modify the contracts; and
Whereas, The Director of the Office of the State Employer has publicly stated his concern that the same-sex domestic partner benefits negotiated in response to union demands could violate the new constitutional amendment. In addition, the director has stated that he expects the courts to determine how this matter may be resolved; and
Whereas, In addition to its questionable constitutionality, extending same-sex domestic partner benefits to state employee is clearly contrary to the will of the people of the state of Michigan as recently expressed at the polls. Moreover, the financial cost to the state to provide this labor benefit, not to mention the legal cost to defend constitutional challenges, will impose a great burden on the citizens of Michigan; now, therefore, be it
Resolved by the House of Representatives, That we urge the Civil Service Commission to reject any and all provisions of labor contracts that grant state employees same-sex domestic partner benefits; and be it further
Resolved, That we urge Governor Jennifer M. Granholm and the Office of the State Employer to refrain from negotiating or approving any state contract that gives state employees same-sex domestic partner benefits; and be it further
Resolved, That a copy of this resolution be transmitted to the Governor, the Civil Service Commission, and the Office of the State Employer.
The resolution was referred to the Committee on Family and Children Services.
Reps. Bradstreet, Acciavatti, Brandenburg, DeRossett, Emmons, Garfield, Hager, Hummel, Kooiman, Meyer, Middaugh, Milosch, Nofs, Palmer, Robertson, Shaffer, Sheen, Stahl, Stakoe, Steil, Tabor, Van Regenmorter, Vander Veen and Voorhees offered the following concurrent resolution:
House Concurrent Resolution No. 71.
A concurrent resolution to urge the Civil Service Commission to reject any and all provisions of state labor contracts that offer same-sex domestic partner benefits to state employees.
Whereas, The Governor, through the Office of the State Employer, is currently negotiating five different state contracts with various labor unions representing state employees. These contracts are to set labor compensation and benefits, beginning October 1, 2005; and
Whereas, According to the Office of the State Employer, under these contracts, the state is to provide for same-sex domestic partner health care benefits for state employees. Same-sex benefits for domestic partners have never before been provided to state employees; and
Whereas, On November 2, 2004, the people of Michigan spoke clearly on the issue of same-sex relationships. By a large margin, the people voted to amend our state constitution by adding language that provides that "the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose"; and
Whereas, The Civil Service Commission is empowered by the Constitution of the State of Michigan of 1963, under Article XI, Section 5, to fix rates of compensation for all classes of positions, approve or disapprove disbursements for all personal services, make rules and regulations covering all personnel transactions, and regulate all conditions of employment in the classified service. Furthermore, it is the responsibility of the Civil Service Commission to approve, reject, or modify the contracts; and
Whereas, The Director of the Office of the State Employer has publicly stated his concern that the same-sex domestic partner benefits negotiated in response to union demands could violate the new constitutional amendment. In addition, the director has stated that he expects the courts to determine how this matter may be resolved; and
Whereas, In addition to its questionable constitutionality, extending same-sex domestic partner benefits to state employee is clearly contrary to the will of the people of the state of Michigan as recently expressed at the polls. Moreover, the financial cost to the state to provide this labor benefit, not to mention the legal cost to defend constitutional challenges, will impose a great burden on the citizens of Michigan; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we urge the Civil Service Commission to reject any and all provisions of labor contracts that grant state employees same-sex domestic partner benefits; and be it further
Resolved, That we urge Governor Jennifer M. Granholm and the Office of the State Employer to refrain from negotiating or approving any state contract that gives state employees same-sex domestic partner benefits; and be it further
Resolved, That a copy of this resolution be transmitted to the Governor, the Civil Service Commission, and the Office of the State Employer.
The concurrent resolution was referred to the Committee on Family and Children Services.
Reports of Standing Committees
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 231, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 742 (MCL 330.1742), as amended by 1996 PA 588.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 683, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 401 (MCL 330.1401), as amended by 1995 PA 290.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Woronchak, Van Regenmorter, Robertson, Hune, Ward, Adamini, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 684, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 226 and 469a (MCL 330.1226 and 330.1469a), section 226 as amended by 2002 PA 595 and section 469a as added by 1996 PA 588, and by adding section 433.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Woronchak, Van Regenmorter, Robertson, Hune, Ward, Adamini, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 685, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 472a, 473, and 475 (MCL 330.1472a, 330.1473, and 330.1475), sections 472a and 475 as added and section 473 as amended by 1996 PA 588.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Woronchak, Van Regenmorter, Robertson, Hune, Ward, Adamini, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 686, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 100a and 161 (MCL 330.1100a and 330.1161), as amended by 1998 PA 497, and by adding section 116a.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 817, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 307 (MCL 257.307), as amended by 2004 PA 52, and by adding section 217o.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Woronchak, Robertson, Gaffney, Hune, Ward, Adamini, Hardman, O'Neil, Gillard and Clack
Nays: Rep. Van Regenmorter
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 1344, entitled
A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," (MCL 722.111 to 722.128) by adding sections 2b, 2c, 2d, and 2e.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 1464, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1106, 5306, 5506, 5507, 5508, 5509, 5510, 5511, 5512, and 5520 (MCL 700.1106, 700.5306, 700.5506, 700.5507, 700.5508, 700.5509, 700.5510, 700.5511, 700.5512, and 700.5520), sections 1106, 5506, 5507, 5508, and 5510 as amended by 2003 PA 63, section 5306 as amended and section 5520 as added by 2000 PA 312, and section 5509 as amended by 1999 PA 52, and by adding section 5515; and to repeal acts and parts of acts.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 1465, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5653 and 5654 (MCL 333.5653 and 333.5654), as amended by 2001 PA 239.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 1466, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 145n (MCL 750.145n), as amended by 2000 PA 66.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 1467, entitled
A bill to amend 1996 PA 193, entitled "Michigan do-not-resuscitate procedure act," by amending section 2 (MCL 333.1052), as amended by 2000 PA 59.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 1468, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 400 (MCL 330.1400), as amended by 1995 PA 290.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 1469, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 407 (MCL 330.1407), as amended by 1995 PA 290.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 1470, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 409 (MCL 330.1409), as amended by 1996 PA 588.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 1471, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 410 (MCL 330.1410), as added by 1995 PA 290.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Rocca, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 1472, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 415 (MCL 330.1415), as amended by 1995 PA 290.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Rocca, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ehardt, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, November 30, 2004
Present: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Absent: Rep. Hart
Excused: Rep. Hart
The Committee on Government Operations, by Rep. Koetje, Chair, reported
House Bill No. 6311, entitled
A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending section 75 (MCL 38.1075), as amended by 1998 PA 501.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Koetje, Howell, Tobocman and Lipsey
Nays: None
The Committee on Government Operations, by Rep. Koetje, Chair, reported
House Bill No. 6323, entitled
A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending sections 26, 28, 30, 59a, and 79 (MCL 38.1026, 38.1028, 38.1030, 38.1059a, and 38.1079), sections 26, 30, and 59a as amended by 2002 PA 97, section 28 as amended by 1981 PA 123, and section 79 as amended by 1998 PA 501.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Koetje, Howell, Tobocman and Lipsey
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Koetje, Chair, of the Committee on Government Operations, was received and read:
Meeting held on: Tuesday, November 30, 2004
Present: Reps. Koetje, Drolet, Howell, Tobocman and Lipsey
Notices
November 30, 2004
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48913
Dear Mr. Clerk:
Please make note in your records that Representative Gretchen Whitmer is removed from the Conference Committee on Senate Bill 1105 and is replaced by Representative Rich Brown.
Thank you for your attention to this matter.
Sincerely,
Rick Johnson
Speaker of the House
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Conservation and Outdoor Recreation from further consideration of House Bill No. 4141.
Rep. Richardville
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Family and Children Services from further consideration of House Bill No. 5715.
Rep. Richardville
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Regulatory Reform from further consideration of House Bill No. 5790.
Rep. Spade
Messages from the Governor
Date: November 19, 2004
Time: 4:47 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4335 (Public Act No. 403, I.E.), being
An act to regulate certain forms of boxing; to create certain commissions and to provide certain powers and duties for certain state agencies and departments; to license and regulate certain persons engaged in boxing, certain persons connected to the business of boxing, and certain persons conducting certain contests and exhibitions; to confer immunity under certain circumstances; to provide for the conducting of certain tests; to assess certain fees; to create certain funds; to promulgate rules; to provide for penalties and remedies; and to repeal acts and parts of acts.
(Filed with the Secretary of State November 22, 2004, at 3:04 p.m.)
Date: November 19, 2004
Time: 4:49 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4336 (Public Act No. 404, I.E.), being
An act to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 447 (MCL 750.447).
(Filed with the Secretary of State November 22, 2004, at 3:06 p.m.)
Date: November 19, 2004
Time: 4:45 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 6047 (Public Act No. 405, I.E.), being
An act to amend 2003 PA 226, entitled "An act to provide for joint land use planning and the joint exercise of certain zoning powers and duties by local units of government; and to provide for the establishment, powers, and duties of joint planning commissions," (MCL 125.131 to 125.141) by adding section 13.
(Filed with the Secretary of State November 22, 2004, at 3:08 p.m.)
Date: November 29, 2004
Time: 9:17 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4458 (Public Act No. 407, I.E.), being
An act to amend 1998 PA 58, entitled "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 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," by amending section 229 (MCL 436.1229).
(Filed with the Secretary of State November 29, 2004, at 10:09 a.m.)
Date: November 29, 2004
Time: 9:19 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4703 (Public Act No. 408, I.E.), being
An act 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 provide for the levy of taxes against certain health facilities or agencies; 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 12501, 12505, 12506, 12507, 12508, 12509, 12512, 12513, 12514, 12516, 12521, 12527, 12527a, 12528, 12529, and 12532 (MCL 333.12501, 333.12505, 333.12506, 333.12507, 333.12508, 333.12509, 333.12512, 333.12513, 333.12514, 333.12516, 333.12521, 333.12527, 333.12527a, 333.12528, 333.12529, and 333.12532), section 12501 as amended by 1982 PA 525, section 12527 as amended by 1980 PA 522, and sections 12527a and 12532 as amended by 1985 PA 19, and by adding sections 12506a, 12506b, 12510, and 12527b.
(Filed with the Secretary of State November 29, 2004, at 10:11 a.m.)
Date: November 29, 2004
Time: 9:21 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5414 (Public Act No. 409, I.E.), being
An act to amend 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," by amending section 106 (MCL 400.106), as amended by 2003 PA 33.
(Filed with the Secretary of State November 29, 2004, at 10:13 a.m.)
Date: November 29, 2004
Time: 9:23 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5947 (Public Act No. 410, I.E.), being
An act to amend 1984 PA 323, entitled "An act to prohibit fraud in the obtaining of benefits or payments in connection with health care coverage and insurance; to prohibit kickbacks or bribes in connection with such coverage and insurance; to prohibit conspiracies in obtaining benefits or payments; to provide for certain powers and duties of certain state and local officers and agencies; to provide for and preclude certain civil actions; and to prescribe penalties," (MCL 752.1001 to 752.1011) by adding section 4b.
(Filed with the Secretary of State November 29, 2004, at 10:15 a.m.)
Date: November 29, 2004
Time: 9:25 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5970 (Public Act No. 411, I.E.), being
An act to amend 1984 PA 323, entitled "An act to prohibit fraud in the obtaining of benefits or payments in connection with health care coverage and insurance; to prohibit kickbacks or bribes in connection with such coverage and insurance; to prohibit conspiracies in obtaining benefits or payments; to provide for certain powers and duties of certain state and local officers and agencies; to provide for and preclude certain civil actions; and to prescribe penalties," (MCL 752.1001 to 752.1011) by adding section 4a.
(Filed with the Secretary of State November 29, 2004, at 10:17 a.m.)
Date: November 29, 2004
Time: 9:27 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5457 (Public Act No. 412, 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 622a.
(Filed with the Secretary of State November 29, 2004, at 10:19 a.m.)
Date: November 29, 2004
Time: 9:29 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5475 (Public Act No. 413, 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 620.
(Filed with the Secretary of State November 29, 2004, at 10:21 a.m.)
Date: November 29, 2004
Time: 9:31 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5627 (Public Act No. 414, I.E.), being
An act to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts," by amending section 18 (MCL 388.1618), as amended by 2003 PA 158.
(Filed with the Secretary of State November 29, 2004, at 10:23 a.m.)
Date: November 29, 2004
Time: 9:33 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5839 (Public Act No. 415, 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," by amending sections 681, 687, 1723, 1724a, and 1731 (MCL 380.681, 380.687, 380.1723, 380.1724a, and 380.1731), sections 681 and 687 as amended by 2003 PA 299, section 1724a as added by 1994 PA 258, and section 1731 as amended by 2002 PA 70, and by adding section 625b.
(Filed with the Secretary of State November 29, 2004, at 10:25 a.m.)
Date: November 29, 2004
Time: 9:35 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5843 (Public Act No. 416, I.E.), being
An act to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending section 6 (MCL 41.806), as amended by 1989 PA 81.
(Filed with the Secretary of State November 29, 2004, at 10:27 a.m.)
Date: November 29, 2004
Time: 9:40 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5850 (Public Act No. 417), 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," by amending section 1804 (MCL 380.1804) and by adding sections 1814, 1815, and 1816.
(Filed with the Secretary of State November 29, 2004, at 10:29 a.m.)
Date: November 29, 2004
Time: 9:42 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5851 (Public Act No. 418), being
An act to amend 1927 PA 175, entitled "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," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2004 PA 162.
(Filed with the Secretary of State November 29, 2004, at 10:31 a.m.)
Date: November 29, 2004
Time: 9:45 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5921 (Public Act No. 419, 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," by amending sections 611, 612, 613, 614, and 621a (MCL 380.611, 380.612, 380.613, 380.614, and 380.621a), section 611 as amended by 1981 PA 87, section 613 as amended and section 621a as added by 2004 PA 234, and section 614 as amended by 2004 PA 233, and by adding section 634.
(Filed with the Secretary of State November 29, 2004, at 10:33 a.m.)
Date: November 29, 2004
Time: 9:47 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4358 (Public Act No. 420, I.E.), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 719 and 724 (MCL 257.719 and 257.724), section 719 as amended by 2003 PA 142 and section 724 as amended by 1988 PA 346, and by adding section 724a.
(Filed with the Secretary of State November 29, 2004, at 10:35 a.m.)
The following message from the Governor was received November 10, 2004 and read:
EXECUTIVE ORDER
No. 2004 - 34
RECOGNIZING VETERANS' DAY
WHEREAS, the United States of America were founded upon the principles of life, liberty, and the pursuit of happiness--values defended throughout our Nation's history by the men and women of our Armed Forces;
WHEREAS, under Section 6103 of Title 5 of the United States Code and Section 1 of 1865 PA 124, MCL 435.101, November 11th is set aside as a legal public holiday in recognition of the contributions of our servicemen and servicewomen;
WHEREAS, on Veterans' Day we recognize all those who have honorably worn the uniforms of our Armed Forces in service to this great nation;
WHEREAS, Veterans' Day is particularly poignant this year as we honor not just those who have served in the past, but also those servicemen and servicewomen putting their lives on the line in Iraq, Afghanistan, and other countries around the world;
WHEREAS, members of our Armed Forces voluntarily forego comfort and wealth to face hardships and deployments away from family and loved ones while defending the Nation's security;
WHEREAS, while we recognize the duty, honor, and selfless service of all veterans, we also remember those who have given the ultimate sacrifice by laying down their lives to defend the freedoms our Nation holds so dear;
WHEREAS, under Section 7 of Chapter 1 of Title 4 of the United States Code, in the event of the death of a present or former official of the government of any state, territory, or possession of the United States, the governor of that state, territory, or possession may proclaim that the flag of the United States of America be flown at half-staff;
WHEREAS, it is appropriate that the flag of the United States of America be flown at half-staff throughout the State of Michigan as a mark of respect for the memory and in honor of the service of all members of our Armed Forces killed in the line of duty;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in me by the Michigan Constitution of 1963, the laws of the State of Michigan, and the laws of the United States of America, order and proclaim that on Veterans' Day, Thursday, November 11, 2004, the flag of the United States of America shall be flown at half-staff throughout the State of Michigan, including at or on all state-owned or state-controlled buildings and military facilities.
This order is effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 10th day of November, in the year of our Lord, two thousand and four.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The message was referred to the Clerk.
The following message from the Governor was received November 12, 2004 and read:
EXECUTIVE ORDER
No. 2004 - 35
FAMILY INDEPENDENCE AGENCY
DEPARTMENT OF HUMAN SERVICES
EXECUTIVE REORGANIZATION
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration;
WHEREAS, the Department of Social Services was created as a principal department of state government by Section450 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.550;
WHEREAS, the Department of Social Services was renamed the Family Independence Agency by 1995 PA 223, MCL 400.1;
WHEREAS, the Family Independence Agency is the state's public assistance, child, and family welfare agency focused on protecting children and vulnerable adults, delivering juvenile justice services, and providing support to strengthen families and individuals;
WHEREAS, renaming the Family Independence Agency will more effectively communicate its status as a principal department and its mission focused on the provision of social services for families, children, and other Michigan residents in need;
WHEREAS, it is necessary in the interests of efficient administration and effective government to make changes in the organization of the Executive Branch of state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order:
A. The Family Independence Agency is renamed the Department of Human Services.
B. Any and all statutory references to the Family Independence Agency or the Department of Social Services shall be deemed references to the Department of Human Services.
In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order is effective January 30, 2005.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 12th day of November in the year of our Lord, two thousand and four.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The message was referred to the Clerk.
Communications from State Officers
The following communication from the Family Independence Agency was received and read:
November 5, 2004
Section 417 (2) of 2003 Public Act No. 172 requires the Family Independence Agency to report on the use of the 3.75% allocated from the Community Services Block Grant to fund a Bureau of Community Action and Economic Opportunity and a Commission on Community Action and Social opportunity. That report is attached.
It includes 1) the number of full-time equated employees funded; 2) administrative duties performed; and 3) a description of the relationship between duties of the Bureau and Commission.
If you have any questions about the attached material, please contact Ed LaForge at 241-4871.
Sincerely,
Marianne Udow
Director
The communication was referred to the Clerk.
The following communication from the Secretary of State was received and read:
Notice of Filing
Administrative Rule
November 8, 2004
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 10:56 A.M. this date, administrative rule (04-11-01) for the Department of Labor and Economic Growth, Director's Office entitled "Part 8. Handling and Storage of Materials", effective 7 days after filing with the Secretary of State.
Sincerely,
Terri Lynn Land
Secretary of State
Robin Houston, Office Supervisor
Office of the Great Seal
The communication was referred to the Clerk.
The following communication from the Department of State Police was received and read:
November 16, 2004
I am pleased to submit the 2003-2004 Concealed Pistol License Annual Report as required by MCL 28.425e. This report details the concealed pistol license activity between July 1, 2003 and June 30, 2004.
Sincerely,
Col. Tadarial J. Sturdivant
Director
The communication was referred to the Clerk.
The following communication from the Department of Labor and Economic Growth was received and read:
November 16, 2004
This letter serves to notify you of an issue that will likely generate an influx of telephone calls and e-mails to your offices (and ours) from displeased builders and contractors located in your districts. The purpose of this letter is twofold: First, the following background information should assist you and your staff in understanding the nature of these potential inquiries. Second, we have worked closely with the legislature to support passage of SB 1371, a bill we feel will solve the structural problems inherent in the "Construction Lien Act" (1980 PA 497).
The Construction Lien Act was amended in the early 1980's to create a Homeowner's Construction Lien Fund.
The original fund was financed by a $50 assessment of builders and contractors. The amended language requires the Department of Labor and Economic Growth to collect a new $50 assessment from each builder and contractor when the Fund balance falls below $1 million. After the first assessment was collected in the early 1980's, it took nearly 17 years (1997) for the Fund to dip below the $1 million mark and trigger a second assessment.
The Fund has fallen below the $1 million threshold once again, and this time, it only took seven years to deplete the fund. As of October 27, 2004, the fund's balance was approximately $635,000. Therefore, on November 15, 2004, our department will send a bill to every builder and contractor, requiring them to pay another $50 assessment to replenish the Construction Lien Fund.
I have attached SB 1371 for your review. The bill addresses the structural problems noted above. Further, the bill would replace the current $50 funding trigger with a $10 annual fee, a more stable and predictable fee for licensees; and a more stable revenue source for the department. This would also require amendment to the Construction Lien Act, as well as the State License Fee Act and the licensing acts for electrical, mechanical, and plumbing contractors.
Please let me know if you have any questions. Thank you for your consideration of this issue, as it represents one of our department's top legislative priorities.
R. Thomas Martin, Director
Department of Labor and Economic Growth,
Office of Policy and Legislative Affairs
(517) 241-4580
The communication was referred to the Clerk.
The following communications from the Auditor General were received and read:
November 16, 2004
Enclosed is a copy of the following audit report and/or report summary:
Performance and Financial Audit of the Michigan Justice Training Fund,
Michigan Commission on Law Enforcement Standards,
Department of State Police
The financial portion of our audit covered the period October 1, 2001 through September 30, 2003.
November 18, 2004
Enclosed is a copy of the following audit report and/or report summary:
Performance Audit of Fixed Asset and Inventory Controls,
Department of Transportation
November 2004
November 19, 2004
Enclosed is a copy of the following audit report and/or report summary:
Performance Audit of the Process of Ordering, Collection, and
Applying Fees From Criminal Proceedings
November 2004
November 23, 2004
Enclosed is a copy of the following audit report and/or report summary:
Performance Audit of Computer Equipment Surplus and Salvage,
Department of Information Technology and
Department of Management and Budget
November 2004
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Clerk and the accompanying reports referred to the Committee on Government Operations.
Introduction of Bills
Rep. Accavitti introduced
House Bill No. 6357, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 328 (MCL 257.328), as amended by 2004 PA 52, and by adding section 520a.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Accavitti introduced
House Bill No. 6358, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3101a (MCL 500.3101a), as amended by 1996 PA 456.
The bill was read a first time by its title and referred to the Committee on Insurance.
______
Rep. Middaugh moved that the House adjourn.
The motion prevailed, the time being 6:00 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, December 1, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives