No. 52
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2003
House Chamber, Lansing, Tuesday, June 17, 2003.
1:00 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Garfield--present Meyer--present Sheen--present
Acciavatti--present Gieleghem--present Middaugh--present Sheltrown--present
Adamini--present Gillard--present Milosch--present Shulman--present
Amos--present Gleason--present Minore--present Smith--present
Anderson--present Hager--present Moolenaar--present Spade--present
Bieda--present Hardman--present Mortimer--present Stahl--present
Bisbee--present Hart--present Murphy--present Stakoe--present
Bradstreet--present Hood--present Newell--present Stallworth--present
Brandenburg--present Hoogendyk--present Nitz--present Steil--present
Brown--present Hopgood--present Nofs--present Stewart--present
Byrum--present Howell--present O'Neil--present Tabor--present
Casperson--present Huizenga--excused Paletko--present Taub--present
Caswell--present Hummel--present Palmer--present Tobocman--present
Caul--present Hune--present Palsrok--present Vagnozzi--present
Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present
Clack--present Jamnick--present Pastor--present Vander Veen--present
Condino--present Johnson, Rick--present Phillips--present Voorhees--present
Daniels--present Johnson, Ruth--present Plakas--present Walker--present
Dennis--present Julian--present Pumford--present Ward--present
DeRoche--present Koetje--present Reeves--present Waters--present
DeRossett--present Kolb--present Richardville--present Wenke--present
Drolet--present Kooiman--present Rivet--present Whitmer--present
Ehardt--present LaJoy--present Robertson--present Williams--present
Elkins--present LaSata--present Rocca--present Wojno--present
Emmons--present Law--present Sak--present Woodward--present
Farhat--present Lipsey--present Shackleton--present Woronchak--present
Farrah--present McConico--present Shaffer--present Zelenko--present
Gaffney--present Meisner--present
e/d/s = entered during session
Rep. Michael C. Murphy, from the 68th District, offered the following invocation:
"I knew you; you knew me. Each of us could clearly see, by that inner light divine, the meaning of your life and mine. We would clasp our hands in friendliness, and then we would differ less, if I knew you and you knew me. Father God in heaven, we thank You for this day. We thank You, Lord, that we can assemble together as the Michigan House of Representatives. Lord, we are reminded of our responsibility. We are reminded, Lord, that we are to walk humbly, do justice and love mercy. We pray that You would be with us this day as we take care of the people's business of this state. Search us and know us; try us and lead us in Your way. We give You praise, glory and honor in Your name. Amen."
______
Rep. Palmer moved that Rep. Huizenga be excused from today's session.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 270, entitled
A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2004; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2003; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Caswell moved to amend the bill as follows:
1. Amend page 84, following line 1, by inserting:
"Sec. 985. The funds appropriated in part 1 to the bureau of state lottery shall not be used for the promotion of lottery club keno.".
The question being on the adoption of the amendment offered by Rep. Caswell,
Rep. Caswell demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Caswell,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 218 Yeas--35
Acciavatti Hoogendyk Mortimer Sheen
Bisbee Hummel Newell Stahl
Bradstreet Hune Nitz Stewart
Caswell Johnson, Ruth Palmer Van Regenmorter
DeRossett Koetje Palsrok Vander Veen
Drolet Kooiman Pappageorge Voorhees
Garfield LaJoy Pastor Ward
Hager Middaugh Robertson Woodward
Hart Milosch Shaffer
Nays--73
Accavitti Farrah Meisner Shulman
Adamini Gaffney Meyer Smith
Amos Gieleghem Minore Spade
Anderson Gillard Moolenaar Stakoe
Bieda Gleason Murphy Stallworth
Brandenburg Hardman Nofs Steil
Brown Hood O'Neil Tabor
Byrum Hopgood Paletko Taub
Casperson Howell Phillips Tobocman
Caul Hunter Plakas Vagnozzi
Cheeks Jamnick Pumford Walker
Clack Johnson, Rick Reeves Waters
Condino Julian Richardville Wenke
Daniels Kolb Rivet Whitmer
Dennis LaSata Rocca Williams
DeRoche Law Sak Wojno
Elkins Lipsey Shackleton Woronchak
Emmons McConico Sheltrown Zelenko
Farhat
In The Chair: Julian
Rep. LaJoy moved to amend the bill as follows:
1. Amend page 44, following line 21, by inserting:
"Sec. 504. (1) The department shall compile the following information about human resources for all executive branch departments:
(a) An organizational chart for each department that clearly identifies each department's human resources office and its relationship to other department offices.
(b) A detailed job description for each person employed in each department's human resources office.
(c) The total number of personnel employed in each department's human resources office.
(d) The amount of funding allocated to each department's human resources operations.
(2) The department shall submit a report containing this information for the previous fiscal year to the senate and house of representatives standing committees on appropriations subcommittees on general government by November 30, 2003.The report shall include recommendations for consolidating executive branch human resources functions into 1 department, and an estimate of cost savings, if any, that would be realized from combining these operations.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Acciavatti moved to amend the bill as follows:
1. Amend page 3, line 20, by striking out "57,173,700" and inserting "57,323,700".
2. Amend page 3, line 24, by striking out "59,603,600" and inserting "59,753,600".
3. Amend page 5, line 17, by striking out "30,985,100" and inserting "31,135,100" and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. Acciavatti,
Rep. Acciavatti demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Acciavatti,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 219 Yeas--73
Accavitti Gillard Moolenaar Sheen
Acciavatti Hager Mortimer Sheltrown
Amos Hart Newell Shulman
Bieda Hoogendyk Nitz Spade
Bisbee Howell Nofs Stahl
Bradstreet Hummel O'Neil Stakoe
Brandenburg Hune Paletko Steil
Brown Johnson, Rick Palmer Stewart
Casperson Johnson, Ruth Palsrok Tabor
Caswell Julian Pappageorge Taub
Caul Koetje Pastor Van Regenmorter
DeRoche Kooiman Pumford Vander Veen
DeRossett LaJoy Richardville Voorhees
Drolet LaSata Robertson Walker
Elkins Law Rocca Ward
Emmons Meyer Sak Wenke
Farhat Middaugh Shackleton Wojno
Gaffney Milosch Shaffer Woronchak
Garfield
Nays--32
Adamini Farrah Lipsey Stallworth
Anderson Gieleghem McConico Tobocman
Byrum Hardman Meisner Vagnozzi
Cheeks Hood Minore Waters
Clack Hopgood Murphy Whitmer
Condino Hunter Phillips Williams
Daniels Jamnick Reeves Woodward
Dennis Kolb Smith Zelenko
In The Chair: Julian
Rep. Taub moved to amend the bill as follows:
1. Amend page 77, following line 15, by inserting:
"Sec. 924. Notwithstanding any other provision of this act, the department of treasury shall not expend any funds oninitiating a new audit of any taxpayer until the department fully and completely complies with 1941 PA 122, section 205.4(3). This provision shall not require the department to disclose audit selection criteria. The department shall publish the required handbook which informs taxpayers and tax preparers of audit and collection procedures used by the department and procedures which govern departmental communications with taxpayers in the audit and collection process. The department may comply with this publishing requirement by making the audit information available to taxpayers and tax preparers through the department's website on the Internet.".
The question being on the adoption of the amendment offered by Rep. Taub,
Rep. Williams demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Taub,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 220 Yeas--108
Accavitti Gaffney Meyer Sheen
Acciavatti Garfield Middaugh Sheltrown
Adamini Gieleghem Milosch Shulman
Amos Gillard Minore Smith
Anderson Gleason Moolenaar Spade
Bieda Hager Mortimer Stahl
Bisbee Hardman Murphy Stakoe
Bradstreet Hart Newell Stallworth
Brandenburg Hood Nitz Steil
Brown Hoogendyk Nofs Stewart
Byrum Hopgood O'Neil Tabor
Casperson Howell Paletko Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Rick Phillips Voorhees
Daniels Johnson, Ruth Plakas Walker
Dennis Julian Pumford Ward
DeRoche Koetje Reeves Waters
DeRossett Kooiman Richardville Wenke
Drolet LaJoy Rivet Whitmer
Ehardt LaSata Robertson Williams
Elkins Law Rocca Wojno
Emmons Lipsey Sak Woodward
Farhat McConico Shackleton Woronchak
Farrah Meisner Shaffer Zelenko
Nays--0
In The Chair: Julian
Rep. Taub moved to amend the bill as follows:
1. Amend page 3, following line 20, by inserting:
"Child support enforcement 100".
2. Amend page 3, line 24, by striking out "59,603,600" and inserting "59,603,700".
3. Amend page 5, line 17, by striking out "30,985,100" and inserting "30,985,200" and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. Taub,
Rep. Taub demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Taub,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 221 Yeas--98
Accavitti Gieleghem Middaugh Shaffer
Acciavatti Gleason Milosch Sheen
Amos Hager Minore Sheltrown
Anderson Hardman Moolenaar Shulman
Bieda Hart Mortimer Smith
Bisbee Hood Murphy Spade
Bradstreet Hoogendyk Newell Stahl
Brandenburg Hopgood Nitz Stakoe
Byrum Howell Nofs Stallworth
Casperson Hummel O'Neil Steil
Caswell Hune Paletko Stewart
Caul Hunter Palmer Tabor
Clack Jamnick Palsrok Taub
Condino Johnson, Rick Pappageorge Vagnozzi
Daniels Johnson, Ruth Pastor Van Regenmorter
Dennis Julian Phillips Vander Veen
DeRoche Koetje Plakas Voorhees
DeRossett Kolb Pumford Walker
Drolet Kooiman Reeves Ward
Ehardt LaJoy Richardville Waters
Emmons LaSata Robertson Wenke
Farhat Law Rocca Wojno
Farrah McConico Sak Woodward
Gaffney Meisner Shackleton Woronchak
Garfield Meyer
Nays--10
Brown Gillard Tobocman Williams
Cheeks Lipsey Whitmer Zelenko
Elkins Rivet
In The Chair: Julian
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. 270, entitled
A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2004; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2003; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 222 Yeas--63
Acciavatti Hart Mortimer Sheen
Amos Hoogendyk Newell Shulman
Bisbee Howell Nitz Stahl
Bradstreet Hummel Nofs Stakoe
Brandenburg Hune O'Neil Steil
Casperson Johnson, Rick Palmer Stewart
Caswell Johnson, Ruth Palsrok Tabor
Caul Julian Pappageorge Taub
DeRoche Koetje Pastor Van Regenmorter
DeRossett Kooiman Pumford Vander Veen
Drolet LaJoy Richardville Voorhees
Ehardt LaSata Robertson Walker
Emmons Meyer Rocca Ward
Farhat Middaugh Sak Wenke
Gaffney Milosch Shackleton Woronchak
Hager Moolenaar Shaffer
Nays--46
Accavitti Farrah Lipsey Smith
Adamini Garfield McConico Spade
Anderson Gieleghem Meisner Stallworth
Bieda Gillard Minore Tobocman
Brown Gleason Murphy Vagnozzi
Byrum Hardman Paletko Waters
Cheeks Hood Phillips Whitmer
Clack Hopgood Plakas Williams
Condino Hunter Reeves Wojno
Daniels Jamnick Rivet Woodward
Dennis Kolb Sheltrown Zelenko
Elkins Law
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 make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2004; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.
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. Meisner, 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:
In these difficult budgetary times, we in state government are asking of our constituents great, great sacrifice. From huge cuts in adult education funding to less money for our cities, we have asked the people of Michigan to tighten their belts. This bill would make a mockery of their sacrifice by increasing the budget for state government functions, especially a politically-inspired expenditure on behalf of our attorney general. I can not, in good conscience, support such an effort."
Reps. Accavitti, Jamnick, Gillard, Elkins, Farrah, Adamini, Brown, Vagnozzi, Hopgood, Anderson, Murphy and Condino, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I have voted no today on the General Government budget because I believe that it is irresponsible to increase funds in a partisan fashion to one department by more than 15 percent while the departments trying to provide service to our state's citizens are being cut by an average of 6.6 percent. All of us have to share the pain that comes with Michigan's budget crisis. The Attorney General's office is no exception."
Rep. Dennis, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I have voted no today on the General Government budget because I believe that it is irresponsible to increase funds in a partisan fashion to one department by more than 15 percent while the departments trying to provide service to our state's citizens are being cut by an average of 6.6 percent. All of us have to share the pain that comes with Michigan's budget crisis. The Attorney General's office is no exception. I also voted no because I believe it is time to take a stand on some of the bad-faith dealings that seem to have become more and more a part of the legislative process. Throughout the budget process, House Democrats have worked to build a fiscally responsible budget that reasonably reflects the condition of our state's coffers. Through the process, issues were debated and negotiated and agreements were forged between House Democrats and House Republicans. At EVERY turn, those compromises were ignored and agreements were broken."
Rep. Zelenko, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on SB 270, the General Government budget, because I believe that it is irresponsible to increase funds in a partisan fashion to one department by more than 15 percent while the departments trying to provide service to our state's citizens are being cut by an average of 6.6 percent. All of us have to share the pain that comes with Michigan's budget crisis. The Attorney General's office is no exception. The question as to what has changed in the Attorney General's office that warrants such an increase in that budget could not be answered. Throughout the budget process, House Democrats have worked to build a fiscally responsible budget that reasonably reflects the condition of our state's coffers. Through the process, issues were debated, negotiated and agreements were forged between House Democrats and House Republicans. More times than not, those compromises were ignored and agreements were broken when the bills came to the floor for a vote."
Rep. Minore, 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 vote no today on Senate Bill 270, the General Government Budget, because I believe it is time to take a stand on some of the bad-faith dealings that seem to have become more and more a part of the legislative process. Throughout the budget process, House Democrats have worked to build a fiscally responsible budget that reasonably reflects the condition of our state's coffers. Through the process, issues were debated and negotiated and agreements were forged between House Democrats and House Republicans. At EVERY turn, those compromises were ignored and agreements were broken."
Rep. Kolb, 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 have voted no today on the General Government budget because I believe that it is irresponsible to increase funds in a partisan fashion to one department by more than 15 percent while the departments trying to provide service to our state's citizens are being cut by an average of 6.6 percent. All of us have to share the pain that comes with Michigan's budget crisis. The Attorney General's office is no exception. No one office should be given such favoritism when so many worth programs are being slashed during this fiscal crisis."
Second Reading of Bills
Senate Bill No. 285, entitled
A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Elkins moved to amend the bill as follows:
1. Amend page 8, line 17, by increasing the amount by "$4,000,100" and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 9, line 12, by increasing the amount by "$4,000,100" and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Sak moved to amend the bill as follows:
1. Amend page 5, line 22, by increasing the amount by "$100" and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 7, line 2, by increasing the amount by "$100" and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 23, line 17, after "sciences," by striking out "$249,900.00" and inserting "$250,000.00".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Gillard moved to amend the bill as follows:
1. Amend page 33, following line 23, by inserting:
"Sec. 405. Of the funds appropriated in part 1 for the Michigan promotion program, $25,000.00 shall be used to promote tourism activities in the northeast region of this state.".
The question being on the adoption of the amendment offered by Rep. Gillard,
Rep. Gillard demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Gillard,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 223 Yeas--48
Accavitti Elkins Law Shackleton
Adamini Farrah Lipsey Sheltrown
Anderson Gieleghem McConico Smith
Bieda Gillard Meisner Stallworth
Brown Gleason Minore Tobocman
Byrum Hardman Murphy Vagnozzi
Casperson Hood O'Neil Waters
Cheeks Hopgood Paletko Wenke
Clack Howell Phillips Whitmer
Condino Hunter Plakas Williams
Daniels Julian Rivet Woodward
Dennis Kolb Sak Zelenko
Nays--59
Acciavatti Hager Mortimer Spade
Amos Hart Newell Stahl
Bisbee Hoogendyk Nitz Stakoe
Bradstreet Hummel Nofs Steil
Brandenburg Hune Palmer Stewart
Caswell Johnson, Rick Palsrok Tabor
Caul Johnson, Ruth Pappageorge Taub
DeRoche Koetje Pastor Van Regenmorter
DeRossett Kooiman Pumford Vander Veen
Drolet LaJoy Richardville Voorhees
Ehardt LaSata Robertson Walker
Emmons Meyer Rocca Ward
Farhat Middaugh Shaffer Wojno
Gaffney Milosch Sheen Woronchak
Garfield Moolenaar Shulman
In The Chair: Julian
Rep. Bieda moved to amend the bill as follows:
1. Amend page 19, line 4, after "of" by striking out "$6.00" and inserting "$8.00".
The question being on the adoption of the amendment offered by Rep. Bieda,
Rep. Bieda demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bieda,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 224 Yeas--61
Accavitti Elkins Law Sak
Acciavatti Farhat Lipsey Shackleton
Adamini Farrah McConico Sheltrown
Amos Gieleghem Meisner Smith
Anderson Gillard Milosch Spade
Bieda Gleason Minore Stallworth
Brandenburg Hardman Murphy Tobocman
Brown Hood Nofs Vagnozzi
Byrum Hopgood O'Neil Waters
Casperson Hummel Paletko Whitmer
Cheeks Hunter Phillips Williams
Clack Jamnick Plakas Wojno
Condino Julian Reeves Woodward
Daniels Kolb Rivet Woronchak
Dennis LaJoy Robertson Zelenko
Drolet
Nays--47
Bisbee Howell Nitz Stakoe
Bradstreet Hune Palmer Steil
Caswell Johnson, Rick Palsrok Stewart
Caul Johnson, Ruth Pappageorge Tabor
DeRoche Koetje Pastor Taub
DeRossett Kooiman Pumford Van Regenmorter
Emmons LaSata Richardville Vander Veen
Gaffney Meyer Rocca Voorhees
Garfield Middaugh Shaffer Walker
Hager Moolenaar Sheen Ward
Hart Mortimer Shulman Wenke
Hoogendyk Newell Stahl
In The Chair: Julian
Rep. Reeves moved to amend the bill as follows:
1. Amend page 5, line 16, by increasing the amount by "$2,000,100" and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 5, line 18, by decreasing the amount by "$2,000,000" and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 7, line 2, by increasing the amount by "$100" and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. Reeves,
Rep. Reeves demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Reeves,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 225 Yeas--50
Accavitti Gaffney McConico Sheltrown
Adamini Gieleghem Meisner Smith
Anderson Gillard Minore Stallworth
Bieda Gleason Murphy Tobocman
Brown Hardman Nofs Vagnozzi
Byrum Hood O'Neil Vander Veen
Cheeks Hopgood Paletko Waters
Clack Hune Phillips Whitmer
Condino Hunter Plakas Williams
Daniels Jamnick Reeves Wojno
Dennis Kolb Rivet Woodward
Elkins Law Sak Zelenko
Farrah Lipsey
Nays--59
Acciavatti Hager Moolenaar Shulman
Amos Hart Mortimer Spade
Bisbee Hoogendyk Newell Stahl
Bradstreet Howell Nitz Stakoe
Brandenburg Hummel Palmer Steil
Casperson Johnson, Rick Palsrok Stewart
Caswell Johnson, Ruth Pappageorge Tabor
Caul Julian Pastor Taub
DeRoche Koetje Pumford Van Regenmorter
DeRossett Kooiman Richardville Voorhees
Drolet LaJoy Robertson Walker
Ehardt LaSata Rocca Ward
Emmons Meyer Shackleton Wenke
Farhat Middaugh Shaffer Woronchak
Garfield Milosch Sheen
In The Chair: Julian
Rep. Cheeks moved to amend the bill as follows:
1. Amend page 21, line 20, by striking out all of subsection (15).
The question being on the adoption of the amendment offered by Rep. Cheeks,
Rep. Cheeks demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Cheeks,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 226 Yeas--53
Adamini Hardman Milosch Smith
Anderson Hood Minore Stakoe
Byrum Hopgood Murphy Stallworth
Cheeks Hune O'Neil Stewart
Clack Hunter Paletko Taub
Condino Jamnick Pappageorge Tobocman
Daniels Johnson, Ruth Pastor Vagnozzi
DeRoche Kolb Phillips Waters
Farrah LaJoy Plakas Whitmer
Gaffney Law Reeves Williams
Garfield Lipsey Richardville Woodward
Gieleghem McConico Rivet Woronchak
Gleason Meisner Shulman Zelenko
Hager
Nays--55
Accavitti Elkins Middaugh Sheen
Acciavatti Emmons Moolenaar Sheltrown
Amos Farhat Mortimer Spade
Bieda Gillard Newell Stahl
Bisbee Hart Nitz Steil
Bradstreet Hoogendyk Nofs Tabor
Brandenburg Howell Palmer Van Regenmorter
Casperson Hummel Palsrok Vander Veen
Caswell Johnson, Rick Pumford Voorhees
Caul Julian Robertson Walker
Dennis Koetje Rocca Ward
DeRossett Kooiman Sak Wenke
Drolet LaSata Shackleton Wojno
Ehardt Meyer Shaffer
In The Chair: Julian
Rep. Daniels moved to reconsider the vote by which the House did not adopt the amendment.
The question being on the motion made by Rep. Daniels,
Rep. Daniels demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Daniels,
The motion did not prevail, a majority of members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 227 Yeas--43
Accavitti Gillard Meisner Spade
Adamini Gleason Minore Stallworth
Anderson Hardman Murphy Tobocman
Brown Hood O'Neil Vagnozzi
Byrum Hopgood Paletko Waters
Cheeks Hunter Phillips Whitmer
Clack Jamnick Plakas Williams
Condino Kolb Reeves Wojno
Daniels Law Rivet Woodward
Farrah Lipsey Sak Zelenko
Gieleghem McConico Smith
Nays--65
Acciavatti Gaffney Middaugh Shaffer
Amos Garfield Milosch Sheen
Bieda Hager Moolenaar Sheltrown
Bisbee Hart Mortimer Shulman
Bradstreet Hoogendyk Newell Stahl
Brandenburg Howell Nitz Stakoe
Casperson Hummel Nofs Steil
Caswell Hune Palmer Stewart
Caul Johnson, Rick Palsrok Tabor
Dennis Johnson, Ruth Pappageorge Taub
DeRoche Julian Pastor Van Regenmorter
DeRossett Koetje Pumford Vander Veen
Drolet Kooiman Richardville Voorhees
Ehardt LaJoy Robertson Walker
Elkins LaSata Rocca Ward
Emmons Meyer Shackleton Wenke
Farhat
In The Chair: Julian
Rep. Shulman moved to amend the bill as follows:
1. Amend page 8, following line 25, by inserting:
"Life Sciences Research and Commercialization Center 10,000,000"
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 9, line 12, by increasing the amount by "$10,000,000" and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 41, following line 27, by inserting:
"Sec. 420. Included in part 1 is $10,000,000 state general fund/general purpose of base funding for the creation of a life sciences research and commercialization center.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Whitmer moved to reconsider the vote by which the House adopted the amendments.
The motion did not prevail, a majority of the members present not voting therefor.
Rep. Minore moved to amend the bill as follows:
1. Amend page 5, line 22, by increasing the amount by "$100,000" and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 7, line 2, by increasing the amount by "$100,000" and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 23, line 17, after "sciences," by inserting "$100,000.00 shall be provided to Genesee county skill center to establish a precollege program in engineering and the sciences,".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Elkins moved to amend the bill as follows:
1. Amend page 8, line 17, by increasing the amount by "$4,000,000" and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 9, line 12, by increasing the amount by "$4,000,000" and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. Elkins,
Rep. Elkins demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Elkins,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 228 Yeas--46
Accavitti Gieleghem McConico Sak
Adamini Gillard Meisner Sheltrown
Anderson Gleason Middaugh Spade
Bieda Hardman Minore Tobocman
Brown Hood Murphy Vagnozzi
Byrum Hopgood O'Neil Waters
Clack Hunter Paletko Whitmer
Condino Jamnick Phillips Williams
Daniels Kolb Plakas Wojno
Dennis LaSata Reeves Woodward
Elkins Law Rivet Zelenko
Farrah Lipsey
Nays--61
Acciavatti Hager Mortimer Shulman
Amos Hart Newell Stahl
Bisbee Hoogendyk Nitz Stakoe
Bradstreet Howell Nofs Stallworth
Brandenburg Hummel Palmer Steil
Casperson Hune Palsrok Stewart
Caswell Johnson, Rick Pappageorge Tabor
Caul Johnson, Ruth Pastor Taub
DeRoche Julian Pumford Van Regenmorter
DeRossett Koetje Richardville Vander Veen
Drolet Kooiman Robertson Voorhees
Ehardt LaJoy Rocca Walker
Emmons Meyer Shackleton Ward
Farhat Milosch Shaffer Wenke
Gaffney Moolenaar Sheen Woronchak
Garfield
In The Chair: Julian
Rep. Richardville moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Senate Bill No. 286, entitled
A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Whitmer moved to amend the bill as follows:
1. Amend page 21, following line 11, by inserting:
"Sec. 308. The funds collected by the department for licenses, permits, and other elevator regulation fees set forth in R 408.8151 of the Michigan administrative code and as determined under section 8 of 1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL 408.816, that are unexpended at the end of the fiscal year shall carry forward to the subsequent fiscal year. The department shall submit a report on an annual basis to the state budget office and the subcommittees on the amount of funds available under this section.".
2. Amend page 21, following line 11, by inserting:
"Sec. 309. If the revenue collected by the department for occupational safety and health, health systems administration, or radiological health administration and projects from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year.".
3. Amend page 22, following line 18, by inserting:
"Sec. 313. If the revenue collected by the department from licensing and regulation fees exceeds the amount appropriated in part 1, the revenue may be carried forward into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
______
Rep. Waters moved that Rep. Lipsey be excused temporarily from today's session.
The motion prevailed.
Rep. Palmer moved that Reps. Koetje, Howell and Ehardt be excused temporarily from today's session.
The motion prevailed.
Rep. Vagnozzi moved to amend the bill as follows:
1. Amend page 44, line 14, after "department" by striking out "shall" and inserting "may".
2. Amend page 44, line 17, after "cost." by striking out the balance of the subsection.
3. Amend page 46, line 20, by striking out all of section 353.
4. Amend page 46, line 26, by striking out all of section 354.
The question being on the adoption of the amendments offered by Rep. Vagnozzi,
Rep. Vagnozzi demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Vagnozzi,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 229 Yeas--48
Accavitti Farhat McConico Sheltrown
Adamini Farrah Meisner Smith
Anderson Gieleghem Minore Spade
Bieda Gillard Murphy Stallworth
Brown Gleason O'Neil Tobocman
Byrum Hardman Paletko Vagnozzi
Cheeks Hood Phillips Waters
Clack Hopgood Plakas Whitmer
Condino Hunter Reeves Williams
Daniels Jamnick Rivet Wojno
Dennis Kolb Sak Woodward
Elkins Law Shackleton Zelenko
Nays--57
Acciavatti Hart Mortimer Shulman
Amos Hoogendyk Newell Stahl
Bisbee Hummel Nitz Stakoe
Bradstreet Hune Nofs Steil
Brandenburg Johnson, Rick Palmer Stewart
Casperson Johnson, Ruth Palsrok Tabor
Caswell Julian Pappageorge Taub
Caul Kooiman Pastor Van Regenmorter
DeRoche LaJoy Pumford Vander Veen
DeRossett LaSata Richardville Voorhees
Drolet Meyer Robertson Walker
Emmons Middaugh Rocca Ward
Gaffney Milosch Shaffer Wenke
Garfield Moolenaar Sheen Woronchak
Hager
In The Chair: Julian
Rep. Mortimer moved to amend the bill as follows:
1. Amend page 47, following line 7, by inserting:
"Sec. 355. Before issuing a license for a day care facility, the department shall, as part of licensing review and facility inspection, inspect for the presence of lead and lead-based paint in that facility.".
The motion prevailed and the amendment 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. 286, entitled
A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 230 Yeas--97
Accavitti Gleason Mortimer Smith
Acciavatti Hager Murphy Spade
Adamini Hardman Newell Stahl
Amos Hart Nitz Stakoe
Anderson Hood Nofs Stallworth
Bieda Hoogendyk O'Neil Steil
Bisbee Hopgood Paletko Stewart
Brown Hune Palmer Tabor
Byrum Hunter Palsrok Taub
Casperson Jamnick Pappageorge Tobocman
Caul Johnson, Rick Pastor Vagnozzi
Cheeks Johnson, Ruth Phillips Van Regenmorter
Clack Julian Plakas Vander Veen
Condino Kolb Pumford Voorhees
Daniels Kooiman Reeves Walker
Dennis LaJoy Richardville Ward
DeRoche LaSata Rivet Waters
DeRossett Law Rocca Wenke
Elkins McConico Sak Whitmer
Emmons Meisner Shackleton Williams
Farhat Meyer Shaffer Wojno
Farrah Middaugh Sheen Woodward
Gaffney Minore Sheltrown Woronchak
Gieleghem Moolenaar Shulman Zelenko
Gillard
Nays--8
Bradstreet Caswell Garfield Milosch
Brandenburg Drolet Hummel Robertson
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 66.
A resolution to urge the Michigan Lottery Bureau to join the Amber Alert system.
(For text of resolution, see House Journal No. 42, p. 634.)
(The resolution was reported by the Committee on Criminal Justice on June 11, consideration of which, under the rules, was postponed until June 12.)
The question being on the adoption of the resolution,
The resolution was adopted.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4270, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 106 (MCL 400.106), as amended by 1990 PA 145.
(The bill was received from the Senate on June 12, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 51, p. 828.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 231 Yeas--108
Accavitti Garfield Meyer Sheen
Acciavatti Gieleghem Middaugh Sheltrown
Adamini Gillard Milosch Shulman
Amos Gleason Minore Smith
Anderson Hager Moolenaar Spade
Bieda Hardman Mortimer Stahl
Bisbee Hart Murphy Stakoe
Bradstreet Hood Newell Stallworth
Brandenburg Hoogendyk Nitz Steil
Brown Hopgood Nofs Stewart
Byrum Howell O'Neil Tabor
Casperson Hummel Paletko Taub
Caswell Hune Palmer Tobocman
Caul Hunter Palsrok Vagnozzi
Cheeks Jamnick Pappageorge Van Regenmorter
Clack Johnson, Rick Pastor Vander Veen
Condino Johnson, Ruth Phillips Voorhees
Daniels Julian Plakas Walker
Dennis Koetje Pumford Ward
DeRoche Kolb Reeves Waters
DeRossett Kooiman Richardville Wenke
Drolet LaJoy Rivet Whitmer
Elkins LaSata Robertson Williams
Emmons Law Rocca Wojno
Farhat Lipsey Sak Woodward
Farrah McConico Shackleton Woronchak
Gaffney Meisner Shaffer Zelenko
Nays--0
In The Chair: Julian
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 4356, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16611 (MCL 333.16611), as amended by 2002 PA 423.
(The bill was received from the Senate on June 12, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 51, p. 828.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 232 Yeas--106
Accavitti Gieleghem Milosch Sheltrown
Acciavatti Gillard Minore Shulman
Adamini Gleason Moolenaar Smith
Amos Hager Mortimer Spade
Anderson Hardman Murphy Stahl
Bieda Hart Newell Stakoe
Bisbee Hood Nitz Stallworth
Bradstreet Hoogendyk Nofs Steil
Brandenburg Hopgood O'Neil Stewart
Brown Howell Paletko Tabor
Byrum Hummel Palmer Taub
Casperson Hune Palsrok Tobocman
Caswell Hunter Pappageorge Vagnozzi
Caul Jamnick Pastor Van Regenmorter
Cheeks Johnson, Rick Phillips Vander Veen
Clack Johnson, Ruth Plakas Voorhees
Daniels Julian Pumford Walker
Dennis Koetje Reeves Ward
DeRoche Kolb Richardville Waters
DeRossett Kooiman Rivet Wenke
Drolet LaJoy Robertson Whitmer
Elkins LaSata Rocca Williams
Emmons Law Sak Wojno
Farhat Lipsey Shackleton Woodward
Farrah Meisner Shaffer Woronchak
Gaffney Meyer Sheen Zelenko
Garfield Middaugh
Nays--2
Condino McConico
In The Chair: Julian
The House agreed to the full title of the bill.
Reps. DeRossett, Richardville, Spade, Murphy, Kooiman, Hager, Julian, Hunter, Tobocman, Bieda, Wojno, DeRoche, Stakoe, Garfield, Gleason, Milosch, Hoogendyk, Sak, Elkins and Gillard were named co-sponsors of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
The House returned to the consideration of
Senate Bill No. 285, entitled
A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.
(The bill was considered earlier today, see today's Journal, p. 842.)
Reps. Cheeks and Woronchak moved to amend the bill as follows:
1. Amend page 21, line 20, by striking out all of subsection (15) and inserting:
"(15) The department shall determine the formula for the allocation for work first.".
The question being on the adoption of the amendment offered by Reps. Cheeks and Woronchak,
Rep. Cheeks demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Cheeks and Woronchak,
After debate,
Rep. Daniels demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the adoption of the amendment offered by Reps. Cheeks and Woronchak
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 233 Yeas--58
Accavitti Hager Minore Stakoe
Adamini Hardman Murphy Stallworth
Anderson Hood O'Neil Stewart
Bieda Hopgood Paletko Taub
Byrum Hune Pappageorge Tobocman
Cheeks Hunter Pastor Vagnozzi
Clack Jamnick Phillips Ward
Condino Johnson, Ruth Plakas Waters
Daniels Kolb Reeves Whitmer
DeRoche LaJoy Richardville Williams
Farrah Law Rivet Wojno
Gaffney Lipsey Shulman Woodward
Garfield McConico Smith Woronchak
Gieleghem Meisner Spade Zelenko
Gleason Milosch
Nays--50
Acciavatti Emmons Middaugh Shackleton
Amos Farhat Moolenaar Shaffer
Bisbee Gillard Mortimer Sheen
Bradstreet Hart Newell Sheltrown
Brandenburg Hoogendyk Nitz Stahl
Brown Howell Nofs Steil
Casperson Hummel Palmer Tabor
Caswell Johnson, Rick Palsrok Van Regenmorter
Caul Julian Pumford Vander Veen
Dennis Koetje Robertson Voorhees
DeRossett Kooiman Rocca Walker
Drolet LaSata Sak Wenke
Elkins Meyer
In The Chair: Julian
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. 285, entitled
A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 234 Yeas--107
Accavitti Gieleghem Middaugh Sheltrown
Acciavatti Gillard Milosch Shulman
Adamini Gleason Minore Smith
Amos Hager Moolenaar Spade
Anderson Hardman Mortimer Stahl
Bieda Hart Murphy Stakoe
Bisbee Hood Newell Stallworth
Bradstreet Hoogendyk Nitz Steil
Brandenburg Hopgood Nofs Stewart
Brown Howell O'Neil Tabor
Byrum Hummel Paletko Taub
Casperson Hune Palmer Tobocman
Caswell Hunter Palsrok Vagnozzi
Caul Jamnick Pappageorge Van Regenmorter
Cheeks Johnson, Rick Pastor Vander Veen
Clack Johnson, Ruth Phillips Voorhees
Condino Julian Plakas Walker
Daniels Koetje Pumford Ward
Dennis Kolb Reeves Waters
DeRoche Kooiman Richardville Wenke
DeRossett LaJoy Rivet Whitmer
Drolet LaSata Robertson Williams
Elkins Law Rocca Wojno
Emmons Lipsey Sak Woodward
Farhat McConico Shackleton Woronchak
Farrah Meisner Shaffer Zelenko
Gaffney Meyer Sheen
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.
Second Reading of Bills
House Bill No. 4818, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5b (MCL 28.425b), as amended by 2002 PA 719.
The bill was read a second time.
Rep. Hummel 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. 4818, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5b (MCL 28.425b), as amended by 2002 PA 719.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 235 Yeas--106
Accavitti Gieleghem Middaugh Sheen
Acciavatti Gillard Milosch Sheltrown
Adamini Gleason Minore Shulman
Amos Hager Moolenaar Smith
Anderson Hardman Mortimer Spade
Bieda Hart Murphy Stahl
Bisbee Hood Newell Stakoe
Bradstreet Hoogendyk Nitz Stallworth
Brandenburg Hopgood Nofs Steil
Brown Howell O'Neil Stewart
Byrum Hummel Paletko Taub
Casperson Hune Palmer Tobocman
Caswell Hunter Palsrok Vagnozzi
Caul Jamnick Pappageorge Van Regenmorter
Clack Johnson, Rick Pastor Vander Veen
Condino Johnson, Ruth Phillips Voorhees
Daniels Julian Plakas Walker
Dennis Koetje Pumford Ward
DeRoche Kolb Reeves Waters
DeRossett Kooiman Richardville Wenke
Drolet LaJoy Rivet Whitmer
Elkins LaSata Robertson Williams
Emmons Law Rocca Wojno
Farhat Lipsey Sak Woodward
Farrah McConico Shackleton Woronchak
Gaffney Meisner Shaffer Zelenko
Garfield Meyer
Nays--1
Tabor
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4601, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 552 (MCL 168.552), as amended by 1999 PA 220.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Gaffney 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. 4601, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 552 (MCL 168.552), as amended by 1999 PA 220.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Meyer moved that consideration of the bill be postponed for the day.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 22, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 106 (MCL 400.106), as amended by 1990 PA 145, and by adding section 106a.
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. 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. 22, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 106 (MCL 400.106), as amended by 1990 PA 145, and by adding section 106a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 236 Yeas--108
Accavitti Garfield Meyer Sheen
Acciavatti Gieleghem Middaugh Sheltrown
Adamini Gillard Milosch Shulman
Amos Gleason Minore Smith
Anderson Hager Moolenaar Spade
Bieda Hardman Mortimer Stahl
Bisbee Hart Murphy Stakoe
Bradstreet Hood Newell Stallworth
Brandenburg Hoogendyk Nitz Steil
Brown Hopgood Nofs Stewart
Byrum Howell O'Neil Tabor
Casperson Hummel Paletko Taub
Caswell Hune Palmer Tobocman
Caul Hunter Palsrok Vagnozzi
Cheeks Jamnick Pappageorge Van Regenmorter
Clack Johnson, Rick Pastor Vander Veen
Condino Johnson, Ruth Phillips Voorhees
Daniels Julian Plakas Walker
Dennis Koetje Pumford Ward
DeRoche Kolb Reeves Waters
DeRossett Kooiman Richardville Wenke
Drolet LaJoy Rivet Whitmer
Elkins LaSata Robertson Williams
Emmons Law Rocca Wojno
Farhat Lipsey Sak Woodward
Farrah McConico Shackleton Woronchak
Gaffney Meisner Shaffer Zelenko
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 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," (MCL 400.1 to 400.119b) by adding section 106a.
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. 4524, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 361 (MCL 18.1361).
The bill was read a second time.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Brown moved that Reps. Whitmer and Williams 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. 4524, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 361 (MCL 18.1361).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 237 Yeas--106
Accavitti Garfield Meyer Shaffer
Acciavatti Gieleghem Middaugh Sheen
Adamini Gillard Milosch Sheltrown
Amos Gleason Minore Shulman
Anderson Hager Moolenaar Smith
Bieda Hardman Mortimer Spade
Bisbee Hart Murphy Stahl
Bradstreet Hood Newell Stakoe
Brandenburg Hoogendyk Nitz Stallworth
Brown Hopgood Nofs Steil
Byrum Howell O'Neil Stewart
Casperson Hummel Paletko Tabor
Caswell Hune Palmer Taub
Caul Hunter Palsrok Tobocman
Cheeks Jamnick Pappageorge Vagnozzi
Clack Johnson, Rick Pastor Van Regenmorter
Condino Johnson, Ruth Phillips Vander Veen
Daniels Julian Plakas Voorhees
Dennis Koetje Pumford Walker
DeRoche Kolb Reeves Ward
DeRossett Kooiman Richardville Waters
Drolet LaJoy Rivet Wenke
Elkins LaSata Robertson Wojno
Emmons Law Rocca Woodward
Farhat Lipsey Sak Woronchak
Farrah McConico Shackleton Zelenko
Gaffney 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
Senate Bill No. 362, entitled
A bill to amend 1979 PA 72, entitled "An act to require the governor to report certain tax expenditure items with the annual budget message to the legislature," by amending the title and sections 1, 2, and 3 (MCL 21.271, 21.272, and 21.273), section 2 as amended by 1996 PA 32 and section 3 as amended by 1983 PA 7.
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. 362, entitled
A bill to amend 1979 PA 72, entitled "An act to require the governor to report certain tax expenditure items with the annual budget message to the legislature," by amending the title and sections 1, 2, and 3 (MCL 21.271, 21.272, and 21.273), section 2 as amended by 1996 PA 32 and section 3 as amended by 1983 PA 7.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 238 Yeas--104
Accavitti Garfield Milosch Sheltrown
Acciavatti Gieleghem Minore Shulman
Amos Hager Moolenaar Smith
Anderson Hardman Mortimer Spade
Bieda Hart Murphy Stahl
Bisbee Hood Newell Stakoe
Bradstreet Hoogendyk Nitz Stallworth
Brandenburg Hopgood Nofs Steil
Brown Howell O'Neil Stewart
Byrum Hummel Paletko Tabor
Casperson Hune Palmer Taub
Caswell Hunter Palsrok Tobocman
Caul Jamnick Pappageorge Vagnozzi
Cheeks Johnson, Rick Pastor Van Regenmorter
Clack Johnson, Ruth Phillips Vander Veen
Condino Julian Plakas Voorhees
Daniels Koetje Pumford Walker
Dennis Kolb Reeves Ward
DeRoche Kooiman Richardville Waters
DeRossett LaJoy Rivet Wenke
Drolet LaSata Robertson Whitmer
Elkins Law Rocca Williams
Emmons Lipsey Sak Wojno
Farhat McConico Shackleton Woodward
Farrah Meyer Shaffer Woronchak
Gaffney Middaugh Sheen Zelenko
Nays--4
Adamini Gillard Gleason Meisner
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 34.
A resolution to urge the Disability Rights Section of the United States Department of Justice to provide clearer requirements for markings that designate the access aisle for accessible parking places.
(For text of resolution, see House Journal No. 26, p. 326.)
(The resolution was reported by the Committee on Transportation on June 12, with substitute (H-1), consideration of which, under the rules, was postponed until today.)
(For substitute, see House Journal No. 51, p. 819.)
The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Second Reading of Bills
House Bill No. 4340, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 61 (MCL 38.1361), as amended by 2001 PA 30.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Senior Health, Security and Retirement,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Caswell 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. 4340, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 61 (MCL 38.1361), as amended by 2001 PA 30.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 239 Yeas--105
Accavitti Gieleghem Meyer Sheen
Acciavatti Gillard Middaugh Sheltrown
Adamini Gleason Milosch Smith
Amos Hager Moolenaar Spade
Anderson Hardman Mortimer Stahl
Bieda Hart Murphy Stakoe
Bisbee Hood Newell Stallworth
Bradstreet Hoogendyk Nitz Steil
Brandenburg Hopgood Nofs Stewart
Brown Howell O'Neil Tabor
Byrum Hummel Paletko Taub
Casperson Hune Palmer Tobocman
Caswell Hunter Palsrok Vagnozzi
Caul Jamnick Pappageorge Van Regenmorter
Cheeks Johnson, Rick Pastor Vander Veen
Clack Johnson, Ruth Phillips Voorhees
Condino Julian Plakas Walker
Daniels Koetje Pumford Ward
DeRoche Kolb Reeves Waters
DeRossett Kooiman Richardville Wenke
Drolet LaJoy Rivet Whitmer
Elkins LaSata Robertson Williams
Emmons Law Rocca Wojno
Farhat Lipsey Sak Woodward
Farrah McConico Shackleton Woronchak
Gaffney Meisner Shaffer Zelenko
Garfield
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.
Reps. Minore and Dennis, under Rule 32, made the following statement:
"Mr. Speaker and members of the House:
I did not vote on Roll Call No. 239 because of a possible conflict of interest."
Second Reading of Bills
Senate Bill No. 246, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 11 (MCL 257.11), as amended by 2002 PA 652.
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. 246, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 11 (MCL 257.11), as amended by 2002 PA 652.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 240 Yeas--107
Accavitti Garfield Meyer Sheen
Acciavatti Gieleghem Middaugh Sheltrown
Adamini Gillard Milosch Smith
Amos Gleason Minore Spade
Anderson Hager Moolenaar Stahl
Bieda Hardman Mortimer Stakoe
Bisbee Hart Murphy Stallworth
Bradstreet Hood Newell Steil
Brandenburg Hoogendyk Nitz Stewart
Brown Hopgood Nofs Tabor
Byrum Howell O'Neil Taub
Casperson Hummel Paletko Tobocman
Caswell Hune Palmer Vagnozzi
Caul Hunter Palsrok Van Regenmorter
Cheeks Jamnick Pappageorge Vander Veen
Clack Johnson, Rick Pastor Voorhees
Condino Johnson, Ruth Phillips Walker
Daniels Julian Plakas Ward
Dennis Koetje Pumford Waters
DeRoche Kolb Reeves Wenke
DeRossett Kooiman Richardville Whitmer
Drolet LaJoy Rivet Williams
Elkins LaSata Robertson Wojno
Emmons Law Rocca Woodward
Farhat Lipsey Sak Woronchak
Farrah McConico Shackleton Zelenko
Gaffney Meisner Shaffer
Nays--0
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 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,"
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. 461, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 807 and 822 (MCL 600.807 and 600.822), section 807 as amended by 2002 PA 715 and section 822 as amended by 2002 PA 92.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. 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. 461, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 807 and 822 (MCL 600.807 and 600.822), section 807 as amended by 2002 PA 715 and section 822 as amended by 2002 PA 92.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 241 Yeas--107
Accavitti Garfield Meyer Sheen
Acciavatti Gieleghem Middaugh Sheltrown
Adamini Gillard Milosch Smith
Amos Gleason Minore Spade
Anderson Hager Moolenaar Stahl
Bieda Hardman Mortimer Stakoe
Bisbee Hart Murphy Stallworth
Bradstreet Hood Newell Steil
Brandenburg Hoogendyk Nitz Stewart
Brown Hopgood Nofs Tabor
Byrum Howell O'Neil Taub
Casperson Hummel Paletko Tobocman
Caswell Hune Palmer Vagnozzi
Caul Hunter Palsrok Van Regenmorter
Cheeks Jamnick Pappageorge Vander Veen
Clack Johnson, Rick Pastor Voorhees
Condino Johnson, Ruth Phillips Walker
Daniels Julian Plakas Ward
Dennis Koetje Pumford Waters
DeRoche Kolb Reeves Wenke
DeRossett Kooiman Richardville Whitmer
Drolet LaJoy Rivet Williams
Elkins LaSata Robertson Wojno
Emmons Law Rocca Woodward
Farhat Lipsey Sak Woronchak
Farrah McConico Shackleton Zelenko
Gaffney Meisner Shaffer
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 1961 PA 236, entitled "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," by amending sections 807, 808, 821, and 822 (MCL 600.807, 600.808, 600.821, and 600.822), section 807 as amended by 2002 PA 715 and sections 821 and 822 as amended by 2002 PA 92.
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. Richardville moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Law, Meisner, Sak, Bieda, Anderson, Vagnozzi, Jamnick, Paletko, Gillard, Elkins, Hopgood, Farrah, Plakas, O'Neil, Accavitti, Acciavatti, Adamini, Brandenburg, Brown, Clack, Condino, Dennis, Ehardt, Gieleghem, Hunter, Kolb,Lipsey, Minore, Murphy, Phillips, Sheltrown, Stallworth, Tobocman, Waters and Zelenko offered the following resolution:
House Resolution No. 84.
A resolution to urge the United States Environmental Protection Agency to take immediate action to remove hazardous and toxic waste from Grassy Island.
Whereas, Grassy Island lies in the Detroit River, 1 kilometer east of Wyandotte. The island has an area of 29 hectares surrounded by 93 hectares of shoal; and
Whereas, Grassy Island has been under federal control since 1843. In 1959, the United States Army Corps of Engineers began to dispose of polluted dredged material from the Rouge River on 300 acres surrounding Grassy Island; and
Whereas, On August 3, 1961, the Congress of the United States enacted legislation to create the Wyandotte National Wildlife Refuge in the lower Detroit River, and this refuge included Grassy Island and surrounding shoals. The establishment of the Wyandotte National Wildlife Refuge reduced the disposal area for the dredged material to 72 acres; and
Whereas, On August 15, 1999, the United States Geological Survey, Biological Resources Division, conducted a comprehensive survey of the contaminated material dumped on Grassy Island. The survey revealed concentrations of metals and organic compounds on the island and in the surrounding shoal that exceed United States Environmental Protection Agency limits; now, therefore, be it
Resolved by the House of Representatives, That we urge the United States Environmental Protection Agency to take immediate action to remove the hazardous and toxic waste from Grassy Island; and be it further
Resolved, That copies of this resolution be transmitted to the United States Environmental Protection Agency and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Land Use and Environment.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Shackleton offered the following concurrent resolution:
House Concurrent Resolution No. 17.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Kellogg Community College relative to the Kellogg Community College Career Development Center/Science Building Renovations.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Kellogg Community College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Kellogg Community College Career Development Center/Science Building Renovations (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Kellogg Community College Career Development Center/Science Building Renovations shall not exceed $3,750,000 (the Authority share is $1,874,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $1,875,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $1,874,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $140,000 and $185,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Kellogg Community College, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Shackleton offered the following concurrent resolution:
House Concurrent Resolution No. 18.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Jackson Community College relative to the Jackson Community College Lenawee Extension Center.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Jackson Community College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Jackson Community College Lenawee Extension Center (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Jackson Community College Lenawee Extension Center shall not exceed $4,400,000 (the Authority share is $1,499,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $2,900,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $1,499,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $110,000 and $150,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Jackson Community College, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Shackleton offered the following concurrent resolution:
House Concurrent Resolution No. 19.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Southwestern Michigan College relative to the Southwestern Michigan College Instructional Resource Center.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Southwestern Michigan College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Southwestern Michigan College Instructional Resource Center (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Southwestern Michigan College Instructional Resource Center shall not exceed $2,500,000 (the Authority share is $1,249,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $1,250,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $1,249,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $90,000 and $120,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Southwestern Michigan College, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Shackleton offered the following concurrent resolution:
House Concurrent Resolution No. 20.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Northwestern Michigan College relative to the Northwestern Michigan College West Bay Reconstruction Project.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Northwestern Michigan College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Northwestern Michigan College West Bay Reconstruction Project (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Northwestern Michigan College West Bay Reconstruction Project shall not exceed $16,249,200 (the Authority share is $8,124,000, the State General Fund/General Purpose share is $200, and the Educational Institution share is $8,125,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $8,124,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $620,000 and $790,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Northwestern Michigan College, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
Reports of Standing Committees
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 4737, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 8727, 8729, 8731, 8733, 8735, 8827, 8829, and 8835 (MCL 600.8727, 600.8729, 600.8731, 600.8733, 600.8735, 600.8827, 600.8829, and 600.8835), sections 8727, 8729, 8731, and 8733 as added by 1994 PA 12 and sections 8735, 8827, 8829, and 8835 as added by 1995 PA 54.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, Bradstreet, Koetje, Pappageorge, Gaffney, Garfield, Lipsey, Adamini, Bieda and Smith
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, June 17, 2003, at 9:00 a.m.
Present: Reps. Howell, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda and Smith
Absent: Reps. LaSata, Van Regenmorter and Condino
Excused: Reps. LaSata, Van Regenmorter and Condino
The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported
Senate Bill No. 163, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 6, 8, and 8c (MCL 125.2686, 125.2688, and 125.2688c), section 6 as amended by 2002 PA 478, section 8 as amended by 1999 PA 139, and section 8c as added by 2000 PA 259.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Meyer, Nitz, Hager, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law
Nays: None
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, June 17, 2003, at 10:30 a.m.
Present: Reps. Meyer, Nitz, Hager, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law
Absent: Rep. DeRossett
Excused: Rep. DeRossett
The Committee on Conservation and Outdoor Recreation, by Rep. Tabor, Chair, reported
House Bill No. 4599, entitled
A bill to repeal local acts restricting hunting on Sundays in the counties of Tuscola, Lenawee, Hillsdale, and St. Clair.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Tabor, Milosch, Bradstreet, Ehardt, Richardville, Rocca, Nitz, Gillard, Farrah, Sheltrown and Accavitti
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Tabor, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:
Meeting held on: Tuesday, June 17, 2003, at 10:30 a.m.
Present: Reps. Tabor, Milosch, Bradstreet, Ehardt, Richardville, Rocca, Nitz, Gillard, Farrah, Sheltrown and Accavitti
The Committee on Education, by Rep. Palmer, Chair, reported
House Bill No. 4714, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1525 (MCL 380.1525), as amended by 1995 PA 289.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palmer, Hummel, Meyer, Bradstreet, Hager, Ruth Johnson, Tabor, Voorhees, Vander Veen, Nofs, Stahl, Gieleghem, Spade, Hopgood, Meisner and Clack
Nays: Rep. Vagnozzi
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palmer, Chair of the Committee on Education, was received and read:
Meeting held on: Tuesday, June 17, 2003, at 5:35 p.m.
Present: Reps. Palmer, Hummel, Meyer, Bradstreet, Hager, Hart, Ruth Johnson, Tabor, Voorhees, Vander Veen, Nofs, Stahl, Gieleghem, Vagnozzi, Spade, Smith, Hopgood, Meisner and Clack
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4146, entitled
A bill to amend 2000 PA 321, entitled "Recreational authorities act," by amending sections 3 and 5 (MCL 123.1133 and 123.1135).
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4685, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 27 (MCL 42.27), as amended by 1988 PA 82.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe and Wenke
Nays: Reps. Jamnick and Accavitti
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4806, entitled
A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending section 1 (MCL 125.1651), as amended by 1997 PA 202.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe and Wenke
Nays: Rep. Jamnick
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4820, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4, 5, 6, 11a, 14, 503, 613, 614, 616, 617, 629, 661, 681, 682, 687, 690, 701, 702, 703, 705, 856, 857, 858, 859, 860, 861, 931, 932, 945, 1212, 1216, 1351, 1361, 1451, 1722, and 1724 (MCL 380.4, 380.5, 380.6, 380.11a, 380.14, 380.503, 380.613, 380.614, 380.616, 380.617, 380.629, 380.661, 380.681, 380.682, 380.687, 380.690, 380.701, 380.702, 380.703, 380.705, 380.856, 380.857, 380.858, 380.859, 380.860, 380.861, 380.931, 380.932, 380.945, 380.1212, 380.1216, 380.1351, 380.1361, 380.1451, 380.1722, and 380.1724), sections 5 and 14 as amended by 1999 PA 23, sections 6, 503, and 690 as amended and section 11a as added by 1995 PA 289, sections 614 and 617 as amended by 2002 PA 157, section 629 as amended by 2002 PA 61, sections 681, 682, 705, 1451, and 1724 as amended by 1994 PA 258, section 687 as amended by 2002 PA 62, section 703 as amended by 1981 PA 87, sections 857 and 858 as amended by 1992 PA 263, section 859 as amended by 2002 PA 509, section 945 as added by 1984 PA 154, section 1212 as amended by 1993 PA 312, section 1216 as amended by 2002 PA 64, and section 1351 as amended by 2002 PA 67, and by adding section 1206; and to repeal acts and parts of acts.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4821, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 641 (MCL 168.641).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4822, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 34 (MCL 42.34), as amended by 1984 PA 353.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4823, entitled
A bill to amend 1989 PA 292, entitled "Metropolitan councils act," by amending section 27 (MCL 124.677), as amended by 1998 PA 373.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4824, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 2, 3, 4, 30a, 321, 322, 358a, 370, 381, 382, 500f, 500g, 501a, 505, 509n, 509r, 509gg, 538, 635, 643, 644e, 644g, 644k, 646a, 690, 821, 862, 863, 954, 963, 971, and 972 (MCL 168.2, 168.3, 168.4, 168.30a, 168.321, 168.322, 168.358a, 168.370, 168.381, 168.382, 168.500f, 168.500g, 168.501a, 168.505, 168.509n, 168.509r, 168.509gg, 168.538, 168.635, 168.643, 168.644e, 168.644g, 168.644k, 168.646a, 168.690, 168.821, 168.862, 168.863, 168.954, 168.963, 168.971, and 168.972), sections 2 and 971 as amended by 2002 PA 163, section 321 as amended by 1994 PA 277, section 322 as amended by 1999 PA 218, section 358a as amended by 1990 PA 235, section 370 as amended by 1990 PA 83, section 381 as amended by 1991 PA 16, section 501a as amended by 1995 PA 87, section 509n as amended by 1999 PA 216, sections 509rand 509gg as added by 1994 PA 441, section 643 as amended by 1998 PA 364, section 646a as amended by 2002 PA 431, section 821 as amended by 1988 PA 275, section 963 as amended by 1999 PA 220, and section 972 as amended by 1989 PA 26, and by adding chapter XIV and sections 642, 642a, and 659; and to repeal acts and parts of acts.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4825, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 3, 8, 11, 21, 25, 26, and 29 (MCL 117.3, 117.8, 117.11, 117.21, 117.25, 117.26, and 117.29), section 3 as amended by 2002 PA 201, section 25 as amended by 1982 PA 200, and section 29 as amended by 1994 PA 17.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4826, entitled
A bill to amend 1909 PA 278, entitled "The home rule village act," by amending sections 4, 7, 21, and 23 (MCL 78.4, 78.7, 78.21, and 78.23), section 23 as amended by 1999 PA 258.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4827, entitled
A bill to amend 1895 PA 3, entitled "The general law village act," by amending sections 1, 3, 4, 5, 6, and 13 of chapter II, sections 1, 2, 3, and 7 of chapter III, section 3 of chapter V, section 23 of chapter IX, section 3 of chapter XII, and sections 18a and 23g of chapter XIV (MCL 62.1, 62.3, 62.4, 62.5, 62.6, 62.13, 63.1, 63.2, 63.3, 63.7, 65.3, 69.23, 72.3, 74.18a, and 74.23g), sections 1, 4, 5, 6, and 13 of chapter II, sections 2 and 7 of chapter III, and section 3of chapter V as amended and section 3 of chapter III as added by 1998 PA 255 and section 3 of chapter XII and section 18a of chapter XIV as amended and section 23g of chapter XIV as added by 1998 PA 254.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4828, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 2, 12, 16, 17, 21, 32, 34, 34a, 36, 37, 38, 39, 42, 51, 52, 54, 55, 56, 57, 58, 59, 62, 83, 84, 86, 105, 107, 122, 144, and 152 (MCL 389.2, 389.12, 389.16, 389.17, 389.21, 389.32, 389.34, 389.34a, 389.36, 389.37, 389.38, 389.39, 389.42, 389.51, 389.52, 389.54, 389.55, 389.56, 389.57, 389.58, 389.59, 389.62, 389.83, 389.84, 389.86, 389.105, 389.107, 389.122, 389.144, and 389.152), section 2 as added by 1998 PA 153, sections 17, 21, 34, 37, 42, 54, 57, and 62 as amended and section 86 as added by 2000 PA 488, section 34a as amended by 1982 PA 381, section 83 as amended by 1992 PA 20, section 122 as amended by 2002 PA 72, section 144 as amended by 2002 PA 73, and section 152 as amended by 1990 PA 11; and to repeal acts and parts of acts.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ward, Chair of the Committee on Local Government and Urban Policy, was received and read:
Meeting held on: Tuesday, June 17, 2003, at 9:00 a.m.
Present: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti
Absent: Rep. Hardman
Excused: Rep. Hardman
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: Thursday, June 12, 2003, at 2:20 p.m.
Present: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti
Absent: Rep. Hardman
Excused: Rep. Hardman
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bisbee, Chair of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, June 17, 2003, at 10:30 a.m.
Present: Reps. Bisbee, DeRoche, Middaugh, Drolet, Palmer, Hune, Milosch, Palsrok, Rivet, O'Neil, Murphy, Tobocman and Accavitti
Absent: Reps. Howell, Koetje, Huizenga, Wenke, McConico and Lipsey
Excused: Reps. Howell, Koetje, Huizenga, Wenke, McConico and Lipsey
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, June 11:
Senate Bill Nos. 562 563 564 565 566 567 569 570 571 572 573 574 575 576 586
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Friday, June 13:
House Bill Nos. 4829 4830 4831 4832 4833 4834 4835 4836 4837 4838 4839 4840 4841 4842 4843 4844
House Joint Resolution I
The Clerk announced the enrollment printing and presentation to the Governor on Monday, June 16, for her approval of the following bills:
Enrolled House Bill No. 4556 at 11:18 a.m.
Enrolled House Bill No. 4330 at 11:20 a.m.
The Clerk announced that the following Senate bills had been received on Tuesday, June 17:
Senate Bill Nos. 520 586
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4032, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2003; and to provide for the expenditure of the appropriations.
(For text of conference report, see House Journal No. 51, p. 806.)
The Senate has adopted the report of the Committee of Conference.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4388, entitled
A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1).
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4390, entitled
A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1).
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4392, entitled
A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to create funds; to require and provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1).
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4396, entitled
A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2004; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and amended the title to read as follows:
A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2003 and for the fiscal year ending September 30, 2004; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 520, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 7cc, 7ee, 24c, and 53b (MCL 211.7cc, 211.7ee, 211.24c, and 211.53b), sections 7cc and 53b as amended by 2002 PA 624, section 7ee as amended by 1996 PA 476, and section 24c as amended by 2002 PA 620.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 586, entitled
A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 28 (MCL 205.28), as amended by 2002 PA 657.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of House Resolution No. 79.
Rep. Hunter
Communications from State Officers
The following communication from the Department of Consumer and Industry Services was received and read:
June 2003
The enclosed annual report, The Status of Competition in Telecommunication Service in Michigan, is submitted on behalf of the Michigan Public Service Commission in accordance with MCL 484.2103. The report describes the status of competition in telecommunication service in the state, including, but not limited to, the toll and local exchange service markets.
Sincerely,
Robert Kehres
Acting Executive Secretary
The communication was referred to the Clerk.
The following communication from the Department of Environmental Quality was received and read:
June 6, 2003
Section 16908(6) of Part 169, Scrap Tires, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, requires the Department of Environmental Quality (DEQ) to report annually to the Legislature on the utilization of revenues of the Scrap Tire Regulatory Fund (Fund). The following is a breakdown of Fiscal Year (FY) 2002 expenditures for the Regulatory Program and the Grant Program.
If you have any questions or require further information, please contact Mr. George Bruchmann, Chief, Waste and Hazardous Materials Division, at 517-373-9523, or you may contact me.
Sincerely,
Steven E. Chester
Director
517-373-7917
The communication was referred to the Clerk.
The following communications from the Auditor General were received and read:
June 16, 2003
Enclosed is a copy of the following audit report and/or report summary:
Performance Audit of the
Bureau of Correctional Industries
Department of Corrections
June 2003
June 16, 2003
Enclosed is a copy of the following audit report and/or report summary:
Performance Audit of the
Bridge Programs
Michigan Department of Transportation
June 2003
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.
Announcements by the Clerk
June 11, 2003
Received from the Municipal Employees' Retirement System of Michigan the comprehensive annual financial report for the year ending December 31, 2002, pursuant to the requirements of the MERS Plan Document and MCL 38.1536(2)(f), which is available on their website: www.mersofmich.com.
Gary L. Randall
Clerk of the House
By unanimous consent the House returned to the order of
Introduction of Bills
Reps. Pappageorge, Shaffer, Vander Veen, Wenke, O'Neil, Sak, Plakas, Farrah, Ruth Johnson, Sheen, Woronchak, Middaugh, Palmer, Shackleton, Voorhees, Bisbee, Ehardt, Drolet, Robertson, Farhat, Casperson and Pastor introduced
House Bill No. 4845, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 2000 PA 415.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Shackleton, Tabor, Milosch, Palsrok, Sheen, Wenke, Casperson, Palmer, Amos, Kooiman, Farhat, Brandenburg, Meyer, Hummel, Ehardt, Acciavatti, DeRoche, Pastor, Pappageorge, Stahl, Garfield, Steil, Nofs, Newell and Huizenga introduced
House Bill No. 4846, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5867 (MCL 600.5867) and by adding section 5867a.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Spade and Plakas introduced
House Bill No. 4847, entitled
A bill to amend 1988 PA 112, entitled "The business opportunity act for persons with disabilities," by amending the title and section 3 (MCL 450.793), as amended by 1998 PA 73.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Spade and Plakas introduced
House Bill No. 4848, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 297a.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Bisbee, Vander Veen, Caswell, Gillard, Middaugh, Palmer and Brandenburg introduced
House Bill No. 4849, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11504 (MCL 324.11504), as amended by 1996 PA 359.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Kolb, McConico, Meisner, Tobocman, Minore, Gieleghem, Rivet, O'Neil, Condino, Lipsey, Gleason, Jamnick, Clack, Zelenko, Woodward, Accavitti, Paletko, Cheeks, Whitmer, Anderson, Farrah and Hardman introduced
House Bill No. 4850, entitled
A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 302, 302a, 402, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2302, 37.2302a, 37.2402, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, section 103 as amended by 1999 PA 202, section 202 as amended by 1991 PA 11, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Kolb, McConico, Meisner, Minore, Gieleghem, Rivet, Tobocman, O'Neil, Condino, Lipsey, Jamnick, Clack, Phillips, Zelenko, Woodward, Accavitti, Paletko, Cheeks, Whitmer, Byrum, Anderson, Farrah and Hardman introduced
House Bill No. 4851, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 147b (MCL 750.147b), as added by 1988 PA 371.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. McConico, Kolb, Meisner, Tobocman, Minore, Gieleghem, Rivet, O'Neil, Condino, Lipsey, Gleason, Jamnick, Phillips, Reeves, Williams, Clack, Zelenko, Woodward, Accavitti, Paletko, Cheeks, Adamini, Whitmer, Byrum, Anderson, Farrah and Hardman introduced
House Bill No. 4852, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2002 PA 630.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. Gieleghem, Plakas, Drolet, Elkins, Minore, Adamini, Sak and Hardman introduced
House Bill No. 4853, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 7 and 15 of chapter XII (MCL 712.7 and 712.15), as added by 2000 PA 232.
The bill was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. Law moved that the House adjourn.
The motion prevailed, the time being 8:00 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, June 18, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives