2004-HJ-05-11-040.htm

No. 40

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Tuesday, May 11, 2004.

1:00 p.m.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Accavitti--present Garfield--present Meisner--present Sheen--present

Acciavatti--present Gieleghem--present Meyer--present Sheltrown--present

Adamini--present Gillard--present Middaugh--present Shulman--present

Amos--present Gleason--present Milosch--present Smith--present

Anderson--present Hager--present Minore--present Spade--present

Bieda--present Hardman--present Moolenaar--present Stahl--present

Bisbee--present Hart--excused Mortimer--present Stakoe--present

Bradstreet--present Hood--present Murphy--present Stallworth--present

Brandenburg--present Hoogendyk--present Newell--present Steil--present

Brown--present Hopgood--present Nitz--present Stewart--present

Byrum--present Howell--present Nofs--present Tabor--present

Casperson--present Huizenga--present O'Neil--present Taub--present

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

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

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

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

Condino--present Johnson, Rick--present Phillips--e/d/s Voorhees--present

Daniels--excused 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--excused 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

e/d/s = entered during session

Rep. Paul Gieleghem, from the 31st District, offered the following invocation:

"Dear Lord, we thank You for this time to come together and make decisions on behalf of the people of the state of Michigan. Let our thoughts and our actions here speak to Your will, and let us be mindful of the Sermon on the Mount.

St. Matthew (v, 3-10):

Blessed are the poor in spirit: for theirs is the kingdom of heaven.

Blessed are the meek: for they shall possess the land.

Blessed are they who mourn: for they shall be comforted.

Blessed are they that hunger and thirst after justice: for they shall have their fill.

Blessed are the merciful: for they shall obtain mercy.

Blessed are the clean of heart: for they shall see God.

Blessed are the peacemakers: for they shall be called the children of God.

Blessed are they that suffer persecution for justice' sake, for theirs is the

kingdom of heaven.

Thank you."

______

Rep. Waters moved that Reps. Daniels, Elkins and Hunter be excused from today's session.

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 49.

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 Washtenaw Community College relative to the Washtenaw Community College Plumbers and Pipefitters Building.

(For text of concurrent resolution, see House Journal No. 28, p. 575.)

(The concurrent resolution was reported by the Committee on Appropriations on May 6, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 309 Yeas--103

Accavitti Garfield Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Adamini Gillard Milosch Smith

Amos Gleason Minore Spade

Anderson Hager Moolenaar Stahl

Bieda Hardman Mortimer Stakoe

Bisbee Hood Murphy Stallworth

Bradstreet Hoogendyk Newell Steil

Brandenburg Hopgood Nitz Stewart

Brown Howell Nofs Tabor

Byrum Huizenga O'Neil Taub

Casperson Hummel Palmer Tobocman

Caswell Hune Palsrok Vagnozzi

Caul Jamnick Pappageorge Van Regenmorter

Cheeks Johnson, Rick Pastor Vander Veen

Clack Johnson, Ruth Plakas Voorhees

Condino Julian Pumford Walker

Dennis Koetje Reeves Ward

DeRoche Kolb Richardville Waters

DeRossett Kooiman Rivet Wenke

Drolet LaJoy Robertson Whitmer

Ehardt LaSata Rocca Wojno

Emmons Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Gaffney Meisner Sheen

Nays--0

In The Chair: Julian

______

Rep. Phillips entered the House Chambers.

Rep. Nitz moved that Reps. Ruth Johnson and Rocca be excused from the balance of today's session.

The motion prevailed.

Rep. Palmer moved that Rep. LaSata be excused from the balance of today's session.

The motion prevailed.

Rep. Zelenko moved that Rep. Minore be excused from the balance of today's session.

The motion prevailed.

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

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

Senate Bill No. 783, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411t.

(The bill was received from the Senate on May 4, with amendments to the House substitute (H-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 5, see House Journal No. 37, p. 828.)

The question being on concurring in the amendments to the House substitute (H-1) made to the bill by the Senate,

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

Roll Call No. 310 Yeas--97

Accavitti Gieleghem Milosch Shulman

Acciavatti Gillard Moolenaar Smith

Adamini Gleason Mortimer Spade

Amos Hager Murphy Stahl

Anderson Hardman Newell Stakoe

Bieda Hood Nitz Stallworth

Bisbee Hoogendyk Nofs Steil

Brandenburg Hopgood O'Neil Stewart

Brown Howell Palmer Tabor

Byrum Huizenga Palsrok Taub

Casperson Hummel Pappageorge Tobocman

Caswell Hune Pastor Vagnozzi

Caul Jamnick Phillips Van Regenmorter

Cheeks Johnson, Rick Plakas Vander Veen

Clack Julian Pumford Voorhees

Condino Koetje Reeves Walker

Dennis Kolb Richardville Ward

DeRoche Kooiman Rivet Waters

DeRossett LaJoy Robertson Wenke

Ehardt Lipsey Sak Whitmer

Emmons McConico Shackleton Wojno

Farhat Meisner Shaffer Woodward

Farrah Meyer Sheen Woronchak

Gaffney Middaugh Sheltrown Zelenko

Garfield

Nays--2

Bradstreet Drolet

In The Chair: Julian

Second Reading of Bills

Senate Bill No. 267, entitled

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

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

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

Rep. Shulman moved to amend the bill as follows:

1. Amend page 41, line 6, by striking out all of line 6 and all of section 751.

2. Amend page 43, line 20, after "1001." by striking out "(1)".

3. Amend page 43, line 21, by striking out all of line 21.

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

Rep. Kooiman moved to amend the bill as follows:

1. Amend page 40, line 7, after "section" by striking out "107" and inserting "109".

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

Reps. Minore and Bieda moved to amend the bill as follows:

1. Amend page 32, line 17, by striking out all of section 203.

The question being on the adoption of the amendment offered by Reps. Minore and Bieda,

Rep. Bieda demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Minore and Bieda,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 311 Yeas--38

Accavitti Farrah McConico Spade

Adamini Gieleghem Meisner Stallworth

Anderson Gillard Murphy Tobocman

Bieda Gleason O'Neil Vagnozzi

Brown Hardman Phillips Waters

Byrum Hood Plakas Whitmer

Cheeks Hopgood Reeves Wojno

Clack Jamnick Sak Woodward

Condino Kolb Sheltrown Zelenko

Dennis Lipsey

Nays--59

Acciavatti Garfield Moolenaar Shulman

Amos Hager Mortimer Stahl

Bisbee Hoogendyk Newell Stakoe

Bradstreet Howell Nitz Steil

Brandenburg Huizenga Nofs Stewart

Casperson Hummel Palmer Tabor

Caswell Hune Palsrok Taub

Caul Johnson, Rick Pappageorge Van Regenmorter

DeRoche Julian Pastor Vander Veen

DeRossett Koetje Pumford Voorhees

Drolet Kooiman Richardville Walker

Ehardt LaJoy Robertson Ward

Emmons Meyer Shackleton Wenke

Farhat Middaugh Shaffer Woronchak

Gaffney Milosch Sheen

In The Chair: Julian

Rep. Shackleton moved to amend the bill as follows:

1. Amend page 42, following line 14, by inserting:

"Sec. 802. From the funds appropriated in part 1 of 2003 PA 162, the department of transportation shall use only those appropriations contained in sections 114 and 115 of 2003 PA 162 to support the operations of the multimodal transportation services bureau. The department is prohibited from charging any costs associated with the multimodal transportation services bureau to any appropriation in part 1 of 2003 PA 162, other than the appropriations contained in sections 114 and 115 of 2003 PA 162, regardless of funding source.".

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

Rep. Richardville moved that consideration of the bill be postponed temporarily.

The motion prevailed.

Senate Bill No. 804, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending section 183 (MCL 560.183).

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.

______

Rep. Nitz moved that Rep. Ehardt be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 804, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending section 183 (MCL 560.183).

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

Roll Call No. 312 Yeas--98

Accavitti Garfield Milosch Shulman

Acciavatti Gieleghem Moolenaar Smith

Adamini Gillard Mortimer Spade

Amos Gleason Murphy Stahl

Anderson Hager Newell Stakoe

Bieda Hardman Nitz Stallworth

Bisbee Hood Nofs Steil

Bradstreet Hoogendyk O'Neil Stewart

Brandenburg Hopgood Palmer Tabor

Brown Howell Palsrok Taub

Byrum Huizenga Pappageorge Tobocman

Casperson Hummel Pastor Vagnozzi

Caswell Hune Phillips Van Regenmorter

Caul Jamnick Plakas Vander Veen

Cheeks Johnson, Rick Pumford Voorhees

Clack Julian Reeves Walker

Condino Koetje Richardville Ward

Dennis Kolb Rivet Waters

DeRoche Kooiman Robertson Wenke

DeRossett LaJoy Sak Whitmer

Drolet Lipsey Shackleton Wojno

Emmons McConico Shaffer Woodward

Farhat Meisner Sheen Woronchak

Farrah Meyer Sheltrown Zelenko

Gaffney Middaugh

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 regulate the division of land; to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that the land be suitable for building sites and public improvements and that there be adequate drainage of the land; to provide for proper ingress and egress to lots and parcels; to promote proper surveying and monumenting of land subdivided and conveyed by accurate legal descriptions; to provide for the approvals to be obtained prior to the recording and filing of plats and other land divisions; to provide for the establishment of special assessment districts and for the imposition of special assessments to defray the cost of the operation and maintenance of retention basins for land within a final plat; to establish the procedure for vacating, correcting, and revising plats; to control residential building development within floodplain areas; to provide for reserving easements for utilities in vacated streets and alleys; to provide for the filing of amended plats; to provide for the making of assessors plats; to provide penalties for the violation of the provisions of this act; to repeal certain parts of this act on specific dates; and to repeal acts and parts of acts,"

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 839, entitled

A bill to authorize the state administrative board to convey certain state owned property in Berrien county; to prescribe conditions for the conveyance; to prescribe certain powers and duties of state departments and agencies regarding the conveyance; and to provide for disposition of the revenue from the conveyance.

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. 839, entitled

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

Roll Call No. 313 Yeas--98

Accavitti Garfield Milosch Shulman

Acciavatti Gieleghem Moolenaar Smith

Adamini Gillard Mortimer Spade

Amos Gleason Murphy Stahl

Anderson Hager Newell Stakoe

Bieda Hardman Nitz Stallworth

Bisbee Hood Nofs Steil

Bradstreet Hoogendyk O'Neil Stewart

Brandenburg Hopgood Palmer Tabor

Brown Howell Palsrok Taub

Byrum Huizenga Pappageorge Tobocman

Casperson Hummel Pastor Vagnozzi

Caswell Hune Phillips Van Regenmorter

Caul Jamnick Plakas Vander Veen

Cheeks Johnson, Rick Pumford Voorhees

Clack Julian Reeves Walker

Condino Koetje Richardville Ward

Dennis Kolb Rivet Waters

DeRoche Kooiman Robertson Wenke

DeRossett LaJoy Sak Whitmer

Drolet Lipsey Shackleton Wojno

Emmons McConico Shaffer Woodward

Farhat Meisner Sheen Woronchak

Farrah Meyer Sheltrown Zelenko

Gaffney Middaugh

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

The House returned to the consideration of

Senate Bill No. 267, entitled

(The bill was considered earlier today, see today's Journal p. 884.)

Rep. Kooiman moved to amend the bill as follows:

1. Amend page 40, following line 13, by inserting:

"Sec. 603. (1) The Family Independence Agency shall renegotiate leases or consolidate offices in counties with more than 10 offices prior to September 30, 2004. The legislature hereby authorizes cancellation or renegotiation of any legislative restrictive leases necessary to accomplish the savings of $2,000,000.00. It is the intent of the legislature that offices leased through standard and executive leases shall be considered as a priority for closure prior to the termination of legislative leases.

(2) The Family Independence Agency shall not expend funds appropriated in part 1 for these offices to be closed commencing 60 days after the closure of these offices.

(3) The Family Independence Agency shall report to the legislature no later than September 30, 2004, on the status of these office closures or lease negotiations. This report shall include documentation of the procedures used in determining which offices were closed.".

The question being on the adoption of the amendment offered by Rep. Kooiman,

Rep. Kooiman demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Kooiman,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 314 Yeas--32

Acciavatti Emmons Middaugh Shackleton

Bradstreet Garfield Milosch Shaffer

Brandenburg Hager Mortimer Sheen

Casperson Hoogendyk Nitz Stakoe

Caswell Huizenga Palmer Vander Veen

Caul Hummel Palsrok Voorhees

DeRoche Koetje Pappageorge Walker

Drolet Kooiman Robertson Ward

Nays--66

Accavitti Gillard Murphy Stahl

Adamini Gleason Newell Stallworth

Amos Hardman Nofs Steil

Anderson Hood O'Neil Stewart

Bieda Hopgood Pastor Tabor

Bisbee Howell Phillips Taub

Brown Hune Plakas Tobocman

Byrum Jamnick Pumford Vagnozzi

Cheeks Johnson, Rick Reeves Van Regenmorter

Clack Julian Richardville Waters

Condino Kolb Rivet Wenke

Dennis LaJoy Sak Whitmer

DeRossett Lipsey Sheltrown Wojno

Farhat McConico Shulman Woodward

Farrah Meisner Smith Woronchak

Gaffney Meyer Spade Zelenko

Gieleghem Moolenaar

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. 267, entitled

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

Roll Call No. 315 Yeas--98

Accavitti Garfield Milosch Shulman

Acciavatti Gieleghem Moolenaar Smith

Adamini Gillard Mortimer Spade

Amos Gleason Murphy Stahl

Anderson Hager Newell Stakoe

Bieda Hardman Nitz Stallworth

Bisbee Hood Nofs Steil

Bradstreet Hoogendyk O'Neil Stewart

Brandenburg Hopgood Palmer Tabor

Brown Howell Palsrok Taub

Byrum Huizenga Pappageorge Tobocman

Casperson Hummel Pastor Vagnozzi

Caswell Hune Phillips Van Regenmorter

Caul Jamnick Plakas Vander Veen

Cheeks Johnson, Rick Pumford Voorhees

Clack Julian Reeves Walker

Condino Koetje Richardville Ward

Dennis Kolb Rivet Waters

DeRoche Kooiman Robertson Wenke

DeRossett LaJoy Sak Whitmer

Drolet Lipsey Shackleton Wojno

Emmons McConico Shaffer Woodward

Farhat Meisner Sheen Woronchak

Farrah Meyer Sheltrown Zelenko

Gaffney Middaugh

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.

Messages from the Governor

The following veto message from the Governor was received and read:

Executive Office, Lansing, May 7, 2004

Michigan House of Representatives

State Capitol

Lansing, Michigan 48909-7514

Ladies and Gentlemen:

Today I have vetoed and return to you with my objections Enrolled House Bill 4160, as provided under Section 33 of Article IV of the Michigan Constitution of 1963.

House Bill 4160 would limit the ability of local units of government to enact living wage requirements. Several Michigan communities have adopted such requirements in business contracts or economic development assistance agreements. Although they vary, these ordinances typically require employers to pay a wage equivalent to the poverty level for a family of four and health benefits to affected employees.

I believe that local governments should have the right to enact such agreements if they so choose.

For the reason stated above, I return Enrolled House Bill 4160 without signature.

Respectfully,

Jennifer M. Granholm

Governor

The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,

Rep. Richardville moved that consideration of the bill be postponed for the day.

The motion prevailed.

______

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. Ruth Johnson, Woronchak, Wenke, Pappageorge, LaJoy, Bieda, Caswell, Middaugh, LaSata, Caul, Accavitti, Brandenburg, DeRossett, Ehardt, Farrah, Garfield, Gieleghem, Huizenga, Hummel, Koetje, Kooiman, Meyer, Palmer, Richardville, Spade, Stakoe, Stallworth, Vander Veen, Rocca, Voorhees and Phillips offered the following resolution:

House Resolution No. 252.

A resolution to memorialize Congress to prevent any initiatives to tax email transmissions.

Whereas, Email has rapidly moved from the realm of a narrow group of computer professionals to being a routine and efficient method of communications for tens of millions of Americans in their personal lives, for education, and for commerce. No longer just a novelty, email is a necessary component of our everyday lives and business transactions; and

Whereas, Budgetary pressures are being felt across the nation as the federal government and state and local governments seek to match resources to needs. Tax revenues have not kept pace with past levels while health, safety, social, and security needs have grown. Past discussions of ways to allow governments or telecommunication companies to assess fees on internet access have not led to any form of email tax. However, with budgetary shortfalls still widespread, many people worry that such discussions might be renewed and could lead to forms of email taxation; and

Whereas, For the general public, which has come to rely on email for business and home life, the chance that such a tax could be implemented is highly disturbing. Widespread uncertainty on this issue could also stifle innovation in a growing component of our economy. Congress should allay the worries of many that federal, state, or local governments might seek to impose some form of email tax to cover budget shortfalls. A clear statement by Congress that it would not allow any such law or regulation to become the law of the land would be of great help in reassuring many computer users; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress to prevent any initiatives to tax email transmissions; and be it further

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

The resolution was referred to the Committee on Government Operations.

Reps. Woronchak, Accavitti, Adamini, Bieda, Brandenburg, Byrum, Caswell, Caul, Condino, Dennis, DeRossett, Ehardt, Farrah, Garfield, Gieleghem, Gillard, Huizenga, Koetje, Kooiman, Meyer, Minore, Murphy, O'Neil, Pappageorge, Pumford, Richardville, Sak, Sheltrown, Spade, Stakoe, Stallworth, Tabor, Taub, Tobocman, Vander Veen, Waters, Zelenko, Gleason, Hardman, Jamnick, LaSata, Rocca, Voorhees and Phillips offered the following resolution:

House Resolution No. 253.

A resolution to declare May 9-15, 2004, Michigan Nursing Home Week.

Whereas, We take pride in joining citizens throughout the country in recognizing National Nursing Home Week and in proclaiming May 9-15, 2004, as Michigan Nursing Home Week; and

Whereas, The week is a tribute to the citizens who live in long-term care facilities and to the staff and owners who provide quality care for elderly persons; and

Whereas, The residents of nursing homes have made significant contributions to their communities and possess vast quantities of wisdom and knowledge beneficial to our state and society as a whole; and

Whereas, Michigan has 50,000 nursing home residents, many of whom continue to lead active, meaningful lives in their facilities and communities; and

Whereas, Nursing homes offer long-term health services that the residents need and provide for their emotional and social well-being; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 9-15, 2004, Michigan Nursing Home Week. We join together in honoring long-term care facilities, their residents, and staff. We urge all Michigan residents to join us in recognizing the significant contributions of nursing facilities and caregivers in this state and beyond.

Resolved, That a copy of this resolution be transmitted to the Health Care Association of Michigan and the Michigan Association of Homes and Services for the Aged as evidence of our support.

Pending the reference of the resolution to a committee,

Rep. Richardville moved that Rule 77 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

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

House Bill No. 5843, entitled

A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending section 6 (MCL 41.806), as amended by 1989 PA 81.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, 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, May 11, 2004

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

Absent: Rep. Hardman

Excused: Rep. Hardman

The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported

Senate Bill No. 1023, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 52511; and to repeal acts and parts of acts.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Meyer, Nitz, DeRossett, Hager, Casperson, Hune, Stahl, Sheltrown and Spade

Nays: None

The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported

Senate Bill No. 1024, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 50501, 50502, 50504, 50506, 50507, and 50508 (MCL 324.50501, 324.50502, 324.50504, 324.50506, 324.50507, and 324.50508), as added by 1995 PA 57.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Meyer, Nitz, DeRossett, Hager, Casperson, Hune, Stahl, Sheltrown, 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, May 11, 2004

Present: Reps. Meyer, Nitz, DeRossett, Hager, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law

The Committee on Judiciary, by Rep. Howell, Chair, reported

House Bill No. 5647, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 1 and 3 of chapter XI (MCL 771.1 and 771.3), section 1 as amended by 2002 PA 666 and section 3 as amended by 2003 PA 101.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Bradstreet, Koetje, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda, Condino and Smith

Nays: None

The Committee on Judiciary, by Rep. Howell, Chair, reported

House Bill No. 5674, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 4a, 16a, and 31 of chapter IX (MCL 769.4a, 769.16a, and 769.31), section 4a as amended by 2001 PA 208, section 16a as amended by 2001 PA 204, and section 31 as amended by 2002 PA 31, and by adding section 4b to chapter IX.

With the recommendation that the substitute (H-1)* be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Bradstreet, Koetje, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda, Condino and Smith

Nays: None

The Committee on Judiciary, by Rep. Howell, Chair, reported

House Bill No. 5716, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 6 and 18 of chapter XIIA (MCL 712A.6 and 712A.18), section 6 as amended by 1996 PA 409 and section 18 as amended by 2003 PA 71.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Bradstreet, Koetje, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda, Condino and Smith

Nays: None

The Committee on Judiciary, by Rep. Howell, Chair, reported

Senate Bill No. 998, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding chapter 10A.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Bradstreet, Koetje, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda, Condino and Smith

Nays: None

The Committee on Judiciary, by Rep. Howell, Chair, reported

Senate Bill No. 999, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7411 (MCL 333.7411), as amended by 2002 PA 79.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Bradstreet, Koetje, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda, Condino and Smith

Nays: None

The Committee on Judiciary, by Rep. Howell, Chair, reported

Senate Bill No. 1000, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 11 and 14 of chapter II, sections 4a, 16a, and 31 of chapter IX, and sections 1 and 3 of chapter XI (MCL 762.11, 762.14, 769.4a, 769.16a, 769.31, 771.1, and 771.3), section 11 of chapter II as amended by 1993 PA 293, section 14 of chapter II as amended by 1994 PA 286, section 4a of chapter IX as amended by 2001 PA 208, section 16a of chapter IX as amended by 2001 PA 204, section 31 of chapter IX as amended by 2002 PA 31, section 1 of chapter XI as amended by 2002 PA 666, and section 3 of chapter XI as amended by 2003 PA 101, and by adding section 4b to chapter IX.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Bradstreet, Koetje, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda, Condino 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, May 11, 2004

Present: Reps. Howell, Van Regenmorter, Bradstreet, Koetje, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda, Condino and Smith

Absent: Reps. LaSata and Pappageorge

Excused: Reps. LaSata and Pappageorge

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 11, 2004

Present: Reps. Bisbee, DeRoche, Howell, Koetje, Middaugh, Milosch, Palsrok, Wenke, Rivet, Lipsey and Accavitti

Absent: Reps. Drolet, Palmer, Huizenga, Hune, O'Neil, McConico, Murphy and Tobocman

Excused: Reps. Drolet, Palmer, Huizenga, Hune, O'Neil, McConico, Murphy and Tobocman

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, May 5:

Senate Bill Nos. 1181 1182

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, May 7:

House Bill Nos. 5859 5860 5861

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, May 11, for her approval of the following bills:

Enrolled House Bill No. 4937 at 9:52 a.m.

Enrolled House Bill No. 5093 at 9:54 a.m.

Enrolled House Bill No. 5545 at 9:56 a.m.

The Clerk announced that the following Senate bills had been received on Tuesday, May 11:

Senate Bill Nos. 1141 1160 1179

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4434, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3 of chapter XI (MCL 771.3), as amended by 1998 PA 520.

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

The House agreed to the full title.

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

House Bill No. 5281, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 410a.

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

The House agreed to the full title.

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

House Bill No. 4867, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 504, 43510, and 43516 (MCL 324.504, 324.43510, and 324.43516), section 504 as amended by 1996 PA 171, section 43510 as amended by 1996 PA 585, and section 43516 as added by 1995 PA 57.

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

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 504 (MCL 324.504), as amended by 1996 PA 171.

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

House Bill No. 4610, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending the title and sections 3, 11, 12, 23, and 32 (MCL 432.3, 432.11, 432.12, 432.23, and 432.32), the title as amended by 1996 PA 95, sections 3, 11, and 23 as amended by 1996 PA 167, section 12 as amended by 2002 PA 471, and section 32 as amended by 1996 PA 13, and by adding a heading for article 1 and adding article 2.

The Senate has appointed Senators Sikkema, Hammerstrom and Emerson as conferees to join with Representatives Julian, Meyer and Minore.

The bill was referred to the Conference Committee.

Senate Bill No. 1141, entitled

A bill to amend 1994 PA 27, entitled "Drug dealer liability act," by amending section 3 (MCL 691.1603).

The Senate has passed the bill.

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

Senate Bill No. 1160, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 82.

The Senate has passed the bill.

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

Senate Bill No. 1179, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 74.

The Senate has passed the bill.

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

Messages from the Governor

Date: May 7, 2004

Time: 10:20 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5466 (Public Act No. 93, I.E.), being

An act to amend 1998 PA 386, entitled "An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts," by amending section 5103 (MCL 700.5103), as amended by 2000 PA 54.

(Filed with the Secretary of State May 7, 2004, at 2:12 p.m.)

Communications from State Officers

The following communication from the Auditor General was received and read:

May 7, 2004

Enclosed is a copy of the following audit report and/or report summary:

Performance Audit of the Management Information Database (MIDB),

Department of Information Technology

May 2004

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.

Introduction of Bills

Reps. Meisner, Spade, Law, Gleason, Elkins, Rivet, Tobocman, Hopgood and Sak introduced

House Bill No. 5862, entitled

A bill to provide for restroom access for persons with certain medical conditions; to provide immunity from liability for permitting restroom access; and to prescribe penalties.

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

Reps. Sak, Tobocman, Lipsey, O'Neil, Meyer, Gleason and Dennis introduced

House Bill No. 5863, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 1 (MCL 169.201), as amended by 1989 PA 95, and by adding sections 13 and 48.

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

Reps. Sak, O'Neil, Meyer, Gleason and Dennis introduced

House Bill No. 5864, entitled

A bill to amend 1935 PA 120, entitled "An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police," by amending section 3 (MCL 28.273), as amended by 2002 PA 463.

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

Reps. Vander Veen, Caul, Voorhees, Huizenga, Sheltrown, Caswell, Nofs, Elkins, Shulman, Byrum, Pastor, Wenke, Pappageorge, Shaffer, Amos, Milosch, Kooiman, Koetje, Brandenburg, Middaugh, Rocca, Farhat, Mortimer, Walker, Steil, Hoogendyk, Stahl, Clack and Sheen introduced

House Bill No. 5865, entitled

A bill to amend 1946 (1st Ex Sess) PA 9, entitled "An act to create the Michigan veterans' trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act," by amending section 1c (MCL 35.601c), as amended by 1980 PA 353.

The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.

Reps. Caul, Vander Veen, Robertson, Caswell, Nofs, Elkins, Pumford, Byrum, Mortimer, LaSata, Koetje, Meyer, Ruth Johnson, Pappageorge, Middaugh and Farhat introduced

House Bill No. 5866, entitled

A bill to establish an undergraduate tuition waiver program for children of certain deceased or disabled members of the armed forces of the United States; to provide for the administration of the tuition waiver program; to prescribe certain powers and duties of certain state officers, agencies, and departments; and to repeal acts and parts of acts.

The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.

Reps. Pastor, Drolet, Garfield, Casperson, Robertson, Voorhees, Palmer, Milosch and Brandenburg introduced

House Bill No. 5867, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 521.

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

Reps. Pastor, Wenke, Drolet, Garfield, Casperson, Voorhees, Palmer, Milosch and Brandenburg introduced

House Bill No. 5868, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 1511.

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

Rep. Emmons moved that the House adjourn.

The motion prevailed, the time being 5:55 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, May 12, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives