No. 59

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature


REGULAR SESSION OF 2004


House Chamber, Lansing, Wednesday, June 23, 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--present Mortimer--present Stakoe--present

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

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--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

e/d/s = entered during session

Rep. Alexander C. Lipsey, from the 60th District, offered the following invocation:

"Dear Lord, we thank You for this glorious day, for the opportunity to do Your will, and to come together to make Michigan a better place for all of its citizens. Help us to remember, the most important thing that we do is to listen to one another and to express ourselves to Your glory. Help us to remember, that although we make tough decisions in this Chamber, the results of those decisions may mean even tougher decisions for our fellow citizens--not only here, but in the fields of Afghanistan and Iraq. Bless each of us, as we deliberate on the business of our people, and help us to find our way to You. We ask this in the name of Your Son, Amen."

______

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

The motion prevailed.

Second Reading of Bills

House Bill No. 6004, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 21 (MCL 78.21), as amended by 2003 PA 304.

The bill was read a second time.

Rep. Palmer 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. 6004, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 21 (MCL 78.21), as amended by 2003 PA 304.

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

Roll Call No. 537 Yeas--108

Accavitti Gaffney McConico Shaffer

Acciavatti Garfield Meisner Sheen

Adamini Gieleghem Meyer Sheltrown

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Smith

Bieda Hager Minore Spade

Bisbee Hardman Moolenaar Stahl

Bradstreet Hart Mortimer Stakoe

Brandenburg Hood Murphy Steil

Brown Hoogendyk Newell Stewart

Byrum Hopgood Nitz Tabor

Casperson Howell Nofs Taub

Caswell Huizenga O'Neil Tobocman

Caul Hummel Palmer Vagnozzi

Cheeks Hune Palsrok Van Regenmorter

Clack Hunter Pappageorge Vander Veen

Condino Jamnick Pastor Voorhees

Daniels Johnson, Rick Phillips Walker

Dennis Johnson, Ruth Plakas Ward

DeRoche Julian Pumford Waters

DeRossett Koetje Reeves Wenke

Drolet Kolb Richardville Whitmer

Ehardt Kooiman Rivet Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shackleton Zelenko

Nays--0

In The Chair: Julian

The 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. 1167, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending the title and sections 4, 4a, 5a, 7, and 9 (MCL 28.724, 28.724a, 28.725a, 28.727, and 28.729), section 4 as amended by 1999 PA 85 and section 4a as added and sections 5a, 7, and 9 as amended by 2002 PA 542, and by adding section 5b.

The bill was read a second time.

Rep. Julian moved to amend the bill as follows:

1. Amend page 19, line 1, after the second "fee" by inserting "within 90 days of the date the individual reports under section 4a or 5a".

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

Rep. Julian moved to amend the bill as follows:

1. Amend page 19, following line 17, by inserting:

"Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 92nd Legislature are enacted into law:

(a) House Bill No. 4920.

(b) House Bill No. 5195.

(c) House Bill No. 5240.".

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

Rep. Julian moved to amend the bill as follows:

1. Amend page 4, line 22, after "changes" by striking out the balance of the line through "fee" on line 23.

2. Amend page 8, line 3, after "section 7(1)" by striking out the balance of the line through "applicable," on line 4.

3. Amend page 8, line 19, after "section 7(1)" by striking out the balance of the subsection and inserting a period.

4. Amend page 8, line 27, after "section 7(1)" by striking out the balance of the sentence and inserting a period.

5. Amend page 12, line 19, by striking out all of subsection (7) and renumbering the remaining subsections.

6. Amend page 14, line 12, after "subsection" by striking out "(3)" and inserting "(2)".

7. Amend page 14, line 15, by striking out all of subsection (2) and renumbering the remaining subsections.

8. Amend page 14, line 25, after the first "fee" by striking out "and the change of data fee".

9. Amend page 15, line 6, after "fee" by striking out the balance of the line through "fee" on line 7.

10. Amend page 15, line 8, after the first "fee" by striking out the balance of the line through "fee" on line 9.

11. Amend page 15, line 14, after the first "fee" by striking out the balance of the line.

12. Amend page 15, line 17, after the first "fee" by striking out "or change of data fee".

13. Amend page 18, line 18, after "section 5a(6)" by striking out "or (7)".

14. Amend page 18, line 26, after "section 7(1)" by striking out the balance of the line through the second "fee" on line 1 of page 19.

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

Rep. Kolb moved to amend the bill as follows:

1. Amend page 15, following line 23, by inserting:

"Sec. 5c. The department of corrections shall not collect any fee prescribed under this act.".

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. 1167, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending the title and sections 4, 4a, 5a, 7, and 9 (MCL 28.724, 28.724a, 28.725a, 28.727, and 28.729), section 4 as amended by 1999 PA 85 and section 4a as added and sections 5a, 7, and 9 as amended by 2002 PA 542, and by adding section 5b.

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

Roll Call No. 538 Yeas--107

Accavitti Garfield Meisner Sheen

Acciavatti Gieleghem Meyer Sheltrown

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Steil

Brandenburg Hoogendyk Newell Stewart

Brown Hopgood Nitz Tabor

Byrum Howell Nofs Taub

Casperson Huizenga O'Neil Tobocman

Caswell Hummel Palmer Vagnozzi

Caul Hune Palsrok Van Regenmorter

Cheeks Hunter Pappageorge Vander Veen

Clack Jamnick Pastor Voorhees

Condino Johnson, Rick Phillips Walker

Daniels Johnson, Ruth Plakas Ward

Dennis Julian Pumford Waters

DeRoche Koetje Reeves Wenke

DeRossett Kolb Richardville Whitmer

Drolet Kooiman Rivet Williams

Ehardt LaJoy Robertson Wojno

Elkins LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shackleton Zelenko

Gaffney McConico Shaffer

Nays--1

Emmons

In The Chair: Julian

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

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

A bill to amend 1994 PA 295, entitled "An act to require persons convicted of certain offenses to register; to prescribe the powers and duties of certain departments and agencies in connection with that registration; and to prescribe penalties and sanctions," by amending the title and sections 4, 4a, 5a, 7, and 9 (MCL 28.724, 28.724a, 28.725a, 28.727, and 28.729), section 4 as amended by 1999 PA 85 and section 4a as added and sections 5a, 7, and 9 as amended by 2002 PA 542, and by adding sections 5b and 5c.

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. 4213, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 626 (MCL 380.626).

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

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 2, line 21, after "vote." by inserting "However, if 1 of the affected intermediate school boards has more members than the other affected intermediate school board, the intermediate school board that has more members shall be represented at the joint meeting by the same number of members as the number of members on the intermediate school board that has fewer members.".

2. Amend page 2, line 23, after "final." by striking out "However, a" and inserting:

"(4) A"

The motion prevailed and the amendments were 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. 4213, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 626 (MCL 380.626).

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

Roll Call No. 539 Yeas--108

Accavitti Gaffney McConico Shaffer

Acciavatti Garfield Meisner Sheen

Adamini Gieleghem Meyer Sheltrown

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Smith

Bieda Hager Minore Spade

Bisbee Hardman Moolenaar Stahl

Bradstreet Hart Mortimer Stakoe

Brandenburg Hood Murphy Steil

Brown Hoogendyk Newell Stewart

Byrum Hopgood Nitz Tabor

Casperson Howell Nofs Taub

Caswell Huizenga O'Neil Tobocman

Caul Hummel Palmer Vagnozzi

Cheeks Hune Palsrok Van Regenmorter

Clack Hunter Pappageorge Vander Veen

Condino Jamnick Pastor Voorhees

Daniels Johnson, Rick Phillips Walker

Dennis Johnson, Ruth Plakas Ward

DeRoche Julian Pumford Waters

DeRossett Koetje Reeves Wenke

Drolet Kolb Richardville Whitmer

Ehardt Kooiman Rivet Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shackleton Zelenko

Nays--0

In The Chair: Julian

The 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. 5974, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 45 (MCL 24.245), as amended by 2004 PA 23.

The bill was read a second time.

Rep. Accavitti moved to amend the bill as follows:

1. Amend page 4, line 3, after "businesses" by inserting "or farm operations, if applicable,".

2. Amend page 5, line 3, by striking out all of subdivision (y), and relettering the remaining subdivision.

The question being on the adoption of the amendments offered by Rep. Accavitti,

Rep. Accavitti demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Accavitti,

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

Roll Call No. 540 Yeas--44

Accavitti Elkins Law Sheltrown

Adamini Farrah Lipsey Smith

Anderson Gieleghem Meisner Spade

Bieda Gillard Minore Tobocman

Brown Gleason Murphy Vagnozzi

Byrum Hardman O'Neil Waters

Cheeks Hood Phillips Whitmer

Clack Hopgood Plakas Williams

Condino Hunter Reeves Wojno

Daniels Jamnick Rivet Woodward

Dennis Kolb Sak Zelenko

Nays--63

Acciavatti Hager Milosch Sheen

Amos Hart Moolenaar Shulman

Bisbee Hoogendyk Mortimer Stahl

Bradstreet Howell Newell Stakoe

Brandenburg Huizenga Nitz Steil

Casperson Hummel Nofs Stewart

Caswell Hune Palmer Tabor

Caul Johnson, Rick Palsrok Taub

DeRoche Johnson, Ruth Pappageorge Van Regenmorter

DeRossett Julian Pastor Vander Veen

Drolet Koetje Pumford Voorhees

Ehardt Kooiman Richardville Walker

Emmons LaJoy Robertson Ward

Farhat LaSata Rocca Wenke

Gaffney Meyer Shackleton Woronchak

Garfield Middaugh Shaffer

In The Chair: Julian

Rep. Casperson moved to amend the bill as follows:

1. Amend page 5, following line 4, by inserting:

"(z) An estimate of the impact of the rules upon private property rights." and relettering the remaining subdivision.

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

Rep. Farhat 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. 5974, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 45 (MCL 24.245), as amended by 2004 PA 23.

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

Roll Call No. 541 Yeas--77

Acciavatti Garfield Middaugh Sheen

Adamini Gillard Milosch Sheltrown

Amos Gleason Moolenaar Shulman

Bisbee Hager Mortimer Spade

Bradstreet Hart Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Brown Howell Nofs Steil

Byrum Huizenga Palmer Stewart

Casperson Hummel Palsrok Tabor

Caswell Hune Pappageorge Taub

Caul Johnson, Rick Pastor Van Regenmorter

Dennis Johnson, Ruth Pumford Vander Veen

DeRoche Julian Richardville Voorhees

DeRossett Koetje Rivet Walker

Drolet Kooiman Robertson Ward

Ehardt LaJoy Rocca Wenke

Elkins LaSata Sak Williams

Emmons Law Shackleton Woronchak

Farhat Meyer Shaffer Zelenko

Gaffney

Nays--31

Accavitti Gieleghem McConico Smith

Anderson Hardman Meisner Tobocman

Bieda Hood Minore Vagnozzi

Cheeks Hopgood Murphy Waters

Clack Hunter O'Neil Whitmer

Condino Jamnick Phillips Wojno

Daniels Kolb Plakas Woodward

Farrah Lipsey Reeves

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Rep. Vagnozzi, 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 voted against HB 5974 because it imposed additional and unneeded regulations on farm operation."

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

"Mr. Speaker and members of the House:

I voted 'no' on House Bill 5974 because during the committee testimony on this bill, the Department of Agriculture stated that since the enactment of the Right to Farm Act in 1981, some twenty three years ago, there never has been a complaint that Administrative Rules process has neglected to look at impacts on agriculture. Moreover, the bill sponsor stated in Committee that he could not provide a single example where this has been a problem. So apparently this is a solution in search of a problem. The Farm Bureau testified that they fear that when agencies prepare administrative rule impact reviews on business they do not consider farming to be a business. I disagree. Departments already do twenty-five extensive impact assessments on all proposed administrative rules.

For example, there is no need to do a specific Right to Farm impact analysis on Liquor Control rules, or on Lottery Rules, or Chiropractic rules, or even Physician Assistant's rules. What this bill does in its present form is exactly what many of us here, and what the general public believes to be the problem with government. It makes it more cumbersome; it creates more unnecessary red tape, slows down the process and just makes more papers to push. An amendment was offered by my good colleague from Eastpointe that would have addressed these concerns, unfortunately, the amendment was not adopted.

House Bill 5974 does not promote smaller government, less red tape and less bureaucratic paper pushing; which is what we have been trying to do with numerous other bills on the floor today. Therefore, I voted no on House Bill 5974."

Rep. Phillips, 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 voted no on HB 5974 because during testimony on this bill in the House Agriculture Committee, the Department of Agriculture stated that since the enactment of the Right to Farm Act in 1981, some twenty three years ago, there never has been a complaint that the Administrative Rules process has neglected to look at impacts on agriculture. Furthermore, the bill sponsor stated in Committee that he could not provide a single example where this has been a problem. So apparently this is a solution in search of a problem.

The Farm Bureau testified that they fear that when agencies prepare administrative rule impact reviews on business they do not consider farming to be a business. I disagree. Departments already do twenty-five extensive impact assessments on all proposed administrative rules.

There simply is no need to do a specific Right to Farm impact analysis on Liquor Control rules.

There is no need to do a Right to Farm impact analysis on Lottery rules.

There is no need to do a Right to Farm impact analysis on Chiropractic rules.

There is no need to do a Right to Farm impact analysis on Physician Assistant's rules.

What this bill does in its present form is exactly what many of us here, and what the general public believes to be the problem with government. It makes it more cumbersome; it creates more unnecessary red tape, slows down the process and just makes more papers to push.

This bill does not promote smaller government, less red tape and less bureaucratic paper pushing; which is what we have been trying to do with numerous other bills on the floor today."

Second Reading of Bills

House Bill No. 5471, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending the title and sections 1, 2, 3, 4, 5, 6, 6a, 7, 7a, 7b, and 11 (MCL 722.21, 722.22, 722.23, 722.24, 722.25, 722.26, 722.26a, 722.27, 722.27a, 722.27b, and 722.31), the title and sections 7a and 7b as amended by 1996 PA 19, section 2 as amended by 2002 PA 9, sections 3, 5, and 6 as amended by 1993 PA 259, section 4 as amended by 1998 PA 482, section 7 as amended by 2001 PA 108, section 6a as added by 1980 PA 434, and section 11 as added by 2000 PA 422, and by adding sections 12, 13, 14, 15, 16, 17, 18, and 19.

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

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

Rep. Koetje moved to amend the bill as follows:

1. Amend page 3, line 9, after "court" by striking out the balance of the sentence and inserting "to the parents of the minor child.".

2. Amend page 3, line 18, after "child" by striking out the balance of the sentence and inserting a period.

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

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

The motion prevailed.

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. 5471, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending the title and sections 1, 2, 3, 4, 5, 6, 6a, 7, 7a, 7b, and 11 (MCL 722.21, 722.22, 722.23, 722.24, 722.25, 722.26, 722.26a, 722.27, 722.27a, 722.27b, and 722.31), the title and sections 7a and 7b as amended by 1996 PA 19, section 2 as amended by 2002 PA 9, sections 3, 5, and 6 as amended by 1993 PA 259, section 4 as amended by 1998 PA 482, section 7 as amended by 2001 PA 108, section 6a as added by 1980 PA 434, and section 11 as added by 2000 PA 422, and by adding sections 12, 13, 14, 15, 16, 17, 18, and 19.

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

Roll Call No. 542 Yeas--108

Accavitti Gaffney McConico Shaffer

Acciavatti Garfield Meisner Sheen

Adamini Gieleghem Meyer Sheltrown

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Smith

Bieda Hager Minore Spade

Bisbee Hardman Moolenaar Stahl

Bradstreet Hart Mortimer Stakoe

Brandenburg Hood Murphy Steil

Brown Hoogendyk Newell Stewart

Byrum Hopgood Nitz Tabor

Casperson Howell Nofs Taub

Caswell Huizenga O'Neil Tobocman

Caul Hummel Palmer Vagnozzi

Cheeks Hune Palsrok Van Regenmorter

Clack Hunter Pappageorge Vander Veen

Condino Jamnick Pastor Voorhees

Daniels Johnson, Rick Phillips Walker

Dennis Johnson, Ruth Plakas Ward

DeRoche Julian Pumford Waters

DeRossett Koetje Reeves Wenke

Drolet Kolb Richardville Whitmer

Ehardt Kooiman Rivet Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shackleton Zelenko

Nays--0

In The Chair: Julian

The 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 1970 PA 91, entitled "Child custody act of 1970," by amending sections 4 and 7a (MCL 722.24 and 722.27a), section 4 as amended by 1998 PA 482 and section 7a as amended by 1996 PA 19.

The motion prevailed.

The House agreed to the title as amended.

Second Reading of Bills

House Bill No. 5969, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 15 and 17 (MCL 257.1815 and 257.1817), section 17 as amended by 2000 PA 49.

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

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

Rep. Voorhees moved to substitute (H-2) the bill.

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

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

The motion prevailed.

Rep. Kooiman 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. 5969, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 15 and 17 (MCL 257.1815 and 257.1817), section 17 as amended by 2000 PA 49.

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

Roll Call No. 543 Yeas--108

Accavitti Gaffney McConico Shaffer

Acciavatti Garfield Meisner Sheen

Adamini Gieleghem Meyer Sheltrown

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Smith

Bieda Hager Minore Spade

Bisbee Hardman Moolenaar Stahl

Bradstreet Hart Mortimer Stakoe

Brandenburg Hood Murphy Steil

Brown Hoogendyk Newell Stewart

Byrum Hopgood Nitz Tabor

Casperson Howell Nofs Taub

Caswell Huizenga O'Neil Tobocman

Caul Hummel Palmer Vagnozzi

Cheeks Hune Palsrok Van Regenmorter

Clack Hunter Pappageorge Vander Veen

Condino Jamnick Pastor Voorhees

Daniels Johnson, Rick Phillips Walker

Dennis Johnson, Ruth Plakas Ward

DeRoche Julian Pumford Waters

DeRossett Koetje Reeves Wenke

Drolet Kolb Richardville Whitmer

Ehardt Kooiman Rivet Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shackleton Zelenko

Nays--0

In The Chair: Julian

The 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 1990 PA 187, entitled "The pupil transportation act," by amending sections 15, 17, 19, and 55 (MCL 257.1815, 257.1817, 257.1819, and 257.1855), sections 17, 19, and 55 as amended by 2000 PA 49.

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. 5888, entitled

A bill to amend 1950 (Ex Sess) PA 27, entitled "Motor vehicle sales finance act," by amending section 4 (MCL 492.104) and by adding section 6a.

The bill was read a second time.

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

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

Rep. LaJoy 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. 5888, entitled

A bill to amend 1950 (Ex Sess) PA 27, entitled "Motor vehicle sales finance act," by amending section 4 (MCL 492.104) and by adding section 6a.

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

Roll Call No. 544 Yeas--108

Accavitti Gaffney McConico Shaffer

Acciavatti Garfield Meisner Sheen

Adamini Gieleghem Meyer Sheltrown

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Smith

Bieda Hager Minore Spade

Bisbee Hardman Moolenaar Stahl

Bradstreet Hart Mortimer Stakoe

Brandenburg Hood Murphy Steil

Brown Hoogendyk Newell Stewart

Byrum Hopgood Nitz Tabor

Casperson Howell Nofs Taub

Caswell Huizenga O'Neil Tobocman

Caul Hummel Palmer Vagnozzi

Cheeks Hune Palsrok Van Regenmorter

Clack Hunter Pappageorge Vander Veen

Condino Jamnick Pastor Voorhees

Daniels Johnson, Rick Phillips Walker

Dennis Johnson, Ruth Plakas Ward

DeRoche Julian Pumford Waters

DeRossett Koetje Reeves Wenke

Drolet Kolb Richardville Whitmer

Ehardt Kooiman Rivet Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shackleton Zelenko

Nays--0

In The Chair: Julian

The 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.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Vander Veen to the Chair.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5632, entitled

A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending sections 7 and 12 (MCL 205.427 and 205.432), as amended by 2002 PA 503.

(The bill was received from the Senate on June 22, with substitute (S-11), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 58, p. 1402.)

The question being on concurring in the substitute (S-11) made to the bill by the Senate,

Rep. Rick Johnson moved to amend the Senate substitute (S-11) as follows:

1. Amend page 7, line 21, after "MCL 333.5953." by inserting "Fifty percent of the proceeds described in this subdivision that are used for smoking prevention programs shall be used by the department of community health to expand the free smokers quit kit program to include the nicotine patch or nicotine gum.".

2. Amend page 8, line 13, after "MCL 333.5953." by inserting "Fifty percent of the proceeds described in this subdivision that are used for smoking prevention programs shall be used by the department of community health to expand the free smokers quit kit program to include the nicotine patch or nicotine gum.".

3. Amend page 9, line 2, after "MCL 333.5953." by inserting "Fifty percent of the proceeds described in this subdivision that are used for smoking prevention programs shall be used by the department of community health to expand the free smokers quit kit program to include the nicotine patch or nicotine gum.".

4. Amend page 9, line 18, after "MCL 333.5953." by inserting "Fifty percent of the proceeds described in this subdivision that are used for smoking prevention programs shall be used by the department of community health to expand the free smokers quit kit program to include the nicotine patch or nicotine gum.".

5. Amend page 10, line 5, after "MCL 333.5953." by inserting "Fifty percent of the proceeds described in this subdivision that are used for smoking prevention programs shall be used by the department of community health to expand the free smokers quit kit program to include the nicotine patch or nicotine gum.".

The question being on the adoption of the amendments offered by Rep. Rick Johnson,

Rep. Rick Johnson demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Rick Johnson,

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

Roll Call No. 545 Yeas--103

Accavitti Gaffney Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Adamini Gillard Milosch Smith

Amos Gleason Minore Spade

Anderson Hager Moolenaar Stahl

Bieda Hardman Murphy Stakoe

Bisbee Hart Newell Steil

Bradstreet Hood Nitz Stewart

Brandenburg Hoogendyk Nofs Tabor

Brown Hopgood O'Neil Taub

Byrum Howell Palmer Tobocman

Casperson Huizenga Palsrok Vagnozzi

Caswell Hummel Pappageorge Van Regenmorter

Cheeks Hune Pastor Vander Veen

Clack Hunter Phillips Voorhees

Condino Jamnick Plakas Walker

Daniels Johnson, Rick Pumford Ward

Dennis Julian Reeves Waters

DeRoche Koetje Richardville Wenke

DeRossett Kolb Rivet Whitmer

Drolet Kooiman Robertson Williams

Ehardt LaJoy Rocca Wojno

Elkins Law Sak Woodward

Emmons Lipsey Shackleton Woronchak

Farhat McConico Shaffer Zelenko

Farrah Meisner Sheen

Nays--4

Caul Garfield Johnson, Ruth LaSata

In The Chair: Vander Veen

______

The Speaker Pro Tempore resumed the Chair.

The question being on concurring in the substitute (S-11) made to the bill by the Senate,

Rep. Hager moved to amend the Senate substitute (S-11) as follows:

1. Amend page 2, line 2, after "2004" by inserting "and through June 30, 2007".

2. Amend page 2, line 6, after "2004" by inserting "and after June 30, 2007".

3. Amend page 2, line 8, after "2004" by inserting "and through June 30, 2007".

The question being on the adoption of the amendments offered by Rep. Hager,

Rep. Hager demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Hager,

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

Roll Call No. 546 Yeas--53

Acciavatti Hoogendyk Mortimer Stahl

Amos Huizenga Newell Stakoe

Bisbee Hummel Nitz Steil

Bradstreet Hune Nofs Stewart

Brandenburg Hunter Palmer Taub

Casperson Johnson, Ruth Palsrok Van Regenmorter

Caswell Koetje Pappageorge Vander Veen

DeRoche Kooiman Pastor Voorhees

DeRossett LaJoy Richardville Walker

Drolet Meyer Robertson Ward

Ehardt Middaugh Rocca Wenke

Emmons Milosch Shaffer Woodward

Garfield Moolenaar Sheen Woronchak

Hager

Nays--51

Accavitti Gaffney Law Sheltrown

Adamini Gillard Lipsey Shulman

Anderson Gleason McConico Smith

Bieda Hardman Meisner Spade

Byrum Hart Minore Tabor

Caul Hood Murphy Tobocman

Cheeks Hopgood O'Neil Vagnozzi

Clack Howell Phillips Waters

Condino Jamnick Plakas Whitmer

Daniels Johnson, Rick Pumford Williams

Dennis Julian Reeves Wojno

Farhat Kolb Sak Zelenko

Farrah LaSata Shackleton

In The Chair: Julian

The question being on concurring in the substitute (S-11) made to the bill by the Senate,

The substitute (S-11), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 547 Yeas--55

Accavitti Gieleghem Lipsey Shackleton

Adamini Gillard McConico Sheltrown

Anderson Gleason Meisner Shulman

Bieda Hardman Minore Tabor

Brown Hart Murphy Tobocman

Byrum Hood Newell Vagnozzi

Casperson Hopgood O'Neil Walker

Cheeks Hunter Phillips Waters

Clack Jamnick Plakas Whitmer

Condino Johnson, Rick Pumford Williams

Daniels Julian Reeves Wojno

Dennis Kolb Richardville Woodward

Emmons Kooiman Rivet Zelenko

Farrah Law Sak

Nays--52

Acciavatti Gaffney Middaugh Sheen

Amos Garfield Milosch Spade

Bisbee Hager Moolenaar Stahl

Bradstreet Hoogendyk Mortimer Stakoe

Brandenburg Howell Nitz Steil

Caswell Huizenga Nofs Stewart

Caul Hummel Palmer Taub

DeRoche Hune Palsrok Van Regenmorter

DeRossett Johnson, Ruth Pappageorge Vander Veen

Drolet Koetje Pastor Voorhees

Ehardt LaJoy Robertson Ward

Elkins LaSata Rocca Wenke

Farhat Meyer Shaffer Woronchak

In The Chair: Julian

The House agreed to the full title of the bill.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 5929, entitled

A bill to amend 1917 PA 156, entitled "An act authorizing cities, villages, counties, townships and school districts to operate systems of public recreation and playgrounds," by amending section 2 (MCL 123.52).

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. Wenke, Sheen, Koetje, Meyer, Drolet, Hummel, Palmer, Nofs and Stakoe

Nays: Reps. Milosch, Farrah, Bieda, Zelenko and Condino

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

House Bill No. 5958, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 37g.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 5959, entitled

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

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. Wenke, Sheen, Koetje, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, O'Neil, Farrah, Bieda, Zelenko and Condino

Nays: None

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

House Bill No. 5960, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4y.

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. Wenke, Sheen, Koetje, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, O'Neil, Farrah, Bieda, Zelenko and Condino

Nays: None

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

House Bill No. 6025, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7hh.

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. Wenke, Sheen, Koetje, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, O'Neil, Farrah, Bieda, Zelenko and Condino

Nays: None

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

House Bill No. 6026, entitled

A bill to amend 2000 PA 146, entitled "Obsolete property rehabilitation act," by amending section 10 (MCL 125.2790).

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. Wenke, Sheen, Koetje, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, O'Neil, Farrah, Bieda, Zelenko and Condino

Nays: None

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

House Bill No. 6027, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 37h.

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. Wenke, Sheen, Koetje, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, O'Neil, Farrah, Bieda, Zelenko and Condino

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 23, 2004

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

Absent: Reps. Woronchak and Minore

Excused: Reps. Woronchak and Minore

The Committee on Conservation and Outdoor Recreation, by Rep. Tabor, Chair, reported

House Bill No. 5914, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40116 (MCL 324.40116), as amended by 1996 PA 154.

With the recommendation that the substitute (H-4) 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. 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: Wednesday, June 23, 2004

Present: Reps. Tabor, Milosch, Bradstreet, Ehardt, Richardville, Rocca, Nitz, Gillard, Farrah, Sheltrown and Accavitti

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

House Bill No. 5987, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27a (MCL 211.27a), as amended by 2000 PA 260.

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. DeRoche, Drolet, Palmer, Hune, Milosch, Rivet, O'Neil, McConico, Murphy and Accavitti

Nays: Reps. Howell, Koetje, Middaugh, Huizenga, Palsrok, Wenke and Tobocman

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 23, 2004

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

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 22, 2004

Present: Reps. Palmer, Hummel, Meyer, Bradstreet, Hager, Hart, Ruth Johnson, Tabor, Voorhees, Vander Veen, Nofs, Stahl, Vagnozzi, Spade, Smith, Hopgood, Meisner and Clack

Absent: Rep. Gieleghem

Excused: Rep. Gieleghem

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bradstreet, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, June 23, 2004

Present: Reps. Bradstreet, Huizenga, Middaugh, Bisbee, Casperson, DeRoche, Garfield, LaJoy, Nitz, Palsrok, Stahl, McConico, Rivet, Woodward, Hopgood and Murphy

Absent: Reps. LaSata, Daniels and Stallworth

Excused: Reps. LaSata, Daniels and Stallworth

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 23:

House Bill Nos. 6031 6032 6033 6034 6035 6036 6037 6038 6039

Senate Bill Nos. 1310 1311 1312 1313 1314 1315 1316

The Clerk announced that the following Senate bills had been received on Wednesday, June 23:

Senate Bill Nos. 1120 1123 1124 1171 1278 1279 1280 1281 1297

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4710, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 311 (MCL 206.311), as amended by 1987 PA 254.

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. 4769, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 115b, 115f, 115g, and 117e (MCL 400.115b, 400.115f, 400.115g, and 400.117e), section 115b as amended by 1998 PA 516, sections 115f and 115g as amended by 2002 PA 648, and section 117e as amended by 1983 PA 222.

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. 5492, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 514a.

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. 5808, entitled

A bill to amend 1995 PA 30, entitled "Electric transmission line certification act," by amending sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, and 15 (MCL 460.562, 460.563, 460.564, 460.565, 460.566, 460.567, 460.568, 460.569, 460.570, 460.571, 460.573, and 460.575).

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. 4013, entitled

A bill to amend 1956 PA 205, entitled "The paternity act," by amending section 2 (MCL 722.712), as amended by 1998 PA 113.

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

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

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

House Bill No. 4062, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21799a (MCL 333.21799a).

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 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending section 21799a (MCL 333.21799a), as amended by 2003 PA 3.

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

House Bill No. 4232, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 531 (MCL 436.1531), as amended by 2002 PA 725.

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

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

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

House Bill No. 4768, entitled

A bill to amend 1956 PA 205, entitled "The paternity act," by amending section 2 (MCL 722.712), as amended by 1998 PA 113.

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

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

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

House Bill No. 4770, entitled

A bill to amend 1971 PA 174, entitled "Office of child support act," by amending section 3 (MCL 400.233), as amended by 2002 PA 564, and by adding section 6a.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1971 PA 174, entitled "An act to create the office of child support; and to prescribe certain powers and duties of the office, certain public and private agencies, and certain employers and former employers," (MCL 400.231 to 400.240) by adding section 6a.

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

House Bill No. 4771, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2529 (MCL 600.2529), as amended by 2002 PA 605.

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

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 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 section 2529 (MCL 600.2529), as amended by 2003 PA 178.

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

House Bill No. 4772, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 7, 13, 27, and 35 (MCL 552.607, 552.613, 552.627, and 552.635), section 7 as amended by 2002 PA 572, section 13 as amended by 1998 PA 334, section 27 as amended by 2001 PA 106, and section 35 as amended by 2002 PA 567.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1982 PA 295, entitled "An act to provide for and to supplement statutes that provide for the provisions and enforcement of support, health care, and parenting time orders with respect to divorce, separate maintenance, paternity, child custody and support, and spousal support; to prescribe and authorize certain provisions of those orders; to prescribe the powers and duties of the circuit court and friend of the court; to prescribe certain duties of certain employers and other sources of income; to provide for penalties and remedies; and to repeal acts and parts of acts," by amending sections 7, 13, 27, 33, 35, and 42a (MCL 552.607, 552.613, 552.627, 552.633, 552.635, and 552.642a), section 7 as amended by 2002 PA 572, section 13 as amended by 1998 PA 334, section 27 as amended by 2001 PA 106, sections 33 and 35 as amended by 2002 PA 567, and section 42a as added by 2002 PA 568.

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

House Bill No. 4773, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending sections 17, 17b, and 19 (MCL 552.517, 552.517b, and 552.519), sections 17 and 17b as amended by 2002 PA 571 and section 19 as amended by 2002 PA 569.

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

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

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

House Bill No. 4774, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 2 and 3a (MCL 552.602 and 552.603a), as amended by 2002 PA 572, and by adding section 3d.

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

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1982 PA 295, entitled "An act to provide for and to supplement statutes that provide for the provisions and enforcement of support, health care, and parenting time orders with respect to divorce, separate maintenance, paternity, child custody and support, and spousal support; to prescribe and authorize certain provisions of those orders; to prescribe the powers and duties of the circuit court and friend of the court; to prescribe certain duties of certain employers and other sources of income; to provide for penalties and remedies; and to repeal acts and parts of acts," by amending sections 2 and 3a (MCL 552.602 and 552.603a), section 2 as amended by 2002 PA 572 and section 3a as amended by 2003 PA 276, and by adding section 3d.

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

House Bill No. 4775, entitled

A bill to amend 1956 PA 205, entitled "The paternity act," by amending section 7 (MCL 722.717), as amended by 2001 PA 109.

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

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

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

House Bill No. 4776, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending sections 2, 7, and 19 (MCL 552.502, 552.507, and 552.519), section 2 as amended by 2002 PA 571, section 7 as amended by 1996 PA 144, and section 19 as amended by 2002 PA 569, and by adding section 7a.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1982 PA 294, entitled "An act to revise and consolidate the laws relating to the friend of the court; to provide for the appointment or removal of the friend of the court; to create the office of the friend of the court; to establish the rights, powers, and duties of the friend of the court and the office of the friend of the court; to establish a state friend of the court bureau and to provide the powers and duties of the bureau; to prescribe powers and duties of the circuit court and of certain state and local agencies and officers; to establish friend of the court citizen advisory committees; to prescribe certain duties of certain employers and former employers; and to repeal acts and parts of acts," by amending sections 2, 2a, 3, 4, 4a, 7, and 9 (MCL 552.502, 552.502a, 552.503, 552.504, 552.504a, 552.507, and 552.509), sections 2, 2a, and 9 as amended by 2002 PA 571, section 3 as amended by 1996 PA 365, sections 4 and 4a as added by 1996 PA 366, and section 7 as amended by 1996 PA 144, and by adding section 7a.

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

House Bill No. 4792, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," (MCL 552.601 to 552.650) by adding section 5e.

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

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

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

House Bill No. 4930, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 515 (MCL 436.1515).

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

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

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

House Bill No. 5094, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 613a (MCL 257.613a).

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

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

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

House Bill No. 5232, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20920, 20921, and 20923 (MCL 333.20920, 333.20921, and 333.20923), as amended by 2000 PA 375.

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 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 16181, 20910, 20920, 20921, and 20923 (MCL 333.16181, 333.20910, 333.20920, 333.20921, and 333.20923), section 16181 as amended by 2000 PA 256 and sections 20910, 20920, 20921, and 20923 as amended by 2000 PA 375.

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

House Bill No. 5243, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as added by 2003 PA 266.

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

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

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

House Bill No. 5807, entitled

A bill to amend 1923 PA 238, entitled "An act authorizing the formation of corporations for the purpose of generating, manufacturing, producing, gathering, storing, transmitting, distributing, transforming, selling and supplying electric energy or gas, either artificial or natural, or both electric energy and gas, to the public generally, or to public utilities or natural gas companies, and providing for and giving to such corporations and also to corporations heretofore lawfully organized, among other things, for such purposes; to corporations heretofore lawfully organized, or that may hereafter be lawfully organized and duly authorized to carry on the electric or gas business as a public utility in the state of Michigan; and to foreign corporations heretofore lawfully organized or that may hereafter be lawfully organized, among other things, for such purposes, and duly authorized to carry on business in the state of Michigan, the right to condemn private property for the uses provided for herein," by amending section 3 (MCL 486.253) and by adding section 5.

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

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

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 Senate has adopted the concurrent resolution and named Senators Barcia, Basham, Brater, Clarke, Jacobs and Schauer as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

Senate Bill No. 1120, entitled

A bill to authorize the state administrative board to convey certain state owned property in Mason county; to prescribe conditions for the conveyance; and to provide for disposition of revenue derived from the conveyance.

The Senate has passed the bill.

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

Senate Bill No. 1123, entitled

A bill to authorize the state administrative board to convey or transfer certain parcels of state owned property in Barry county; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance.

The Senate has passed the bill.

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

Senate Bill No. 1124, entitled

A bill to authorize the state administrative board to convey or transfer certain state owned property in Alpena county; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance.

The Senate has passed the bill.

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

Senate Bill No. 1171, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8901, 8904, and 8905a (MCL 324.8901, 324.8904, and 324.8905a), section 8904 as amended and section 8905a as added by 1998 PA 15.

The Senate has passed the bill.

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

Senate Bill No. 1278, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80101 (MCL 324.80101), as added by 1995 PA 58, and by adding section 80108a; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 1279, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 437.

The Senate has passed the bill.

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

Senate Bill No. 1280, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 74101 (MCL 324.74101), as added by 1995 PA 58, and by adding section 74102a.

The Senate has passed the bill.

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

Senate Bill No. 1281, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 74124.

The Senate has passed the bill.

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

Senate Bill No. 1297, entitled

A bill to authorize the state administrative board to convey certain parcels of state owned property in various counties; to prescribe conditions for the conveyances; to provide for the disposal of certain buildings; to provide for certain powers and duties of certain state departments in regard to the parcels of property; to provide for disposition of revenue derived from the conveyances; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Messages from the Governor

Date: June 23, 2004

Time: 1:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5008 (Public Act No. 163, I.E.), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 226 and 802 (MCL 257.226 and 257.802), as amended by 2003 PA 152.

(Filed with the Secretary of State June 23, 2004, at 1:42 p.m.)

The following message from the Governor was received June 22, 2004 and read:

EXECUTIVE ORDER

No. 2004 - 32

LIEUTENANT GOVERNOR'S COMMISSION ON

HIGHER EDUCATION AND ECONOMIC GROWTH

EXECUTIVE OFFICE OF THE GOVERNOR

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 4 of Article V of the Michigan Constitution of 1963 authorizes the establishment of temporary commissions or agencies for special purposes;

WHEREAS, under Section 1 of 1931 PA 195, MCL 10.51 the Governor may, at such times and for such purposes as the Governor deems necessary or advisable, create special advisory bodies consisting of as many members as the Governor deems appropriate;

WHEREAS, Section 17 of Article V of the Michigan Constitution of 1963 empowers the Governor to present to the Legislature information as to the affairs of the state and recommend measures that she considers necessary or desirable;

WHEREAS, under Section 25 of Article V of the Michigan Constitution of 1963, the Lieutenant Governor may perform those duties requested by the Governor;

WHEREAS, the skill and determination of Michigan's workforce established our state as a world-renowned center of manufacturing in the 20th century and created the high quality of life we continue to enjoy today;

WHEREAS, both Michigan's core manufacturing industries and the new technology-based enterprises we seek to grow in the 21st century demand the talents of an increasingly educated workforce;

WHEREAS, two-thirds of the jobs that will be created in the next decade will require post-secondary education and training;

WHEREAS, Michigan now falls below the national average in critical measures of educational attainment and, in the case of the number of our citizens who have attained bachelor's degrees, our state is far behind states that are leaders in the race for economic development and jobs;

WHEREAS, ninety percent of our students express the desire to go to college as they enter high school, but only forty-one percent attend college four years later and only eighteen percent have attained bachelor's degrees six years after enrolling;

WHEREAS, those earning bachelor's degrees can be expected to earn sixty percent more than those with high school diplomas while those with associate's degrees earn twenty-five percent more than high school graduates;

WHEREAS, the businesses we hope to attract to Michigan cite the availability of a skilled workforce as a chief factor in determining where to make job-creating investments;

WHEREAS, Michigan businesses have identified a future shortage of skilled workers as a major impediment to economic growth and the prosperity it creates;

WHEREAS, other states and other nations have made great strides in increasing both the availability of higher education to their citizens and in strengthening the link between higher education and economic development;

WHEREAS, Michigan cannot hope to maintain its economic vitality and the quality of life of its residents without making a dramatic increase in the number of our citizens who attain degrees and other credentials that link them to economic opportunity;

WHEREAS, the people of Michigan have created institutions of higher learning, including state universities and community colleges, to open the doors of educational opportunity to all;

WHEREAS, that opportunity must include the ability to earn degrees and other credentials linked to success in our knowledge-based economy; and

WHEREAS, we must act now to help the citizens of Michigan attain the post-secondary education they desire and that our economy demands.

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. ESTABLISHMENT OF LIEUTENANT GOVERNOR'S COMMISSION ON
HIGHER EDUCATION AND ECONOMIC GROWTH

A. The Lieutenant Governor's Commission on Higher Education and Economic Growth (the "Commission") is created as an advisory body within the Executive Office of the Governor.

B. The Commission shall consist of Lieutenant Governor John D. Cherry, Jr., as chair and 30 additional voting members appointed by the Governor.

C. The Speaker of the House of Representatives, the House Minority Leader, the Senate Majority Leader, and the Senate Minority Leader each may designate one member of the Michigan Legislature to participate as nonvoting members of the Commission.

D. In addition to the members appointed under Section I.B and I.C, the State Board of Education President, the Director of the State Budget Office, the Director of the Department of Information Technology, the Director of the Department of Labor and Economic Growth, the State Treasurer, and the State Superintendent of Public Instruction, or their designees, will serve as ex officio, nonvoting members of the Commission.

E. Members of the Commission appointed by the Governor shall serve at the pleasure of the Governor.

F. A vacancy on the Commission shall be filled in the same manner as the original appointment.

II. CHARGE TO THE COMMISSION

A. The Commission is advisory to the Governor and shall make recommendations to:

1. Build a dynamic workforce of employees who have the talents and skills needed for success in the 21st Century economy.

2. Double the percentage of citizens who attain post-secondary degrees or other credentials that link them to success in Michigan's economy.

3. Improve the alignment of Michigan's institutions of higher education with emerging employment opportunities in the state's economy.

B. In exercising its duties the Commission will examine strategies to:

1. Increase the number of students in Michigan who attain the skills critical to post-secondary success before graduating from high school.

2. Increase the number of Michigan residents who attend post-secondary institutions.

3. Increase the number of students who successfully complete their post-secondary studies and obtain bachelor's degrees and other credentials relevant to existing and emerging economic opportunities.

4. Maximize the benefits that higher education brings to Michigan's economy.

C. The Commission shall provide other information or advice as directed by the Lieutenant Governor.

D. The Commission, not later than December 31, 2004, shall complete its work and issue a final report to the Governor for her consideration.

E. A copy of the final report shall be transmitted to the Legislature and the State Board of Education.

III. OPERATIONS OF THE COMMISSION

A. The Commission may promulgate bylaws, not inconsistent with Michigan law and this Order, governing its organization, operation, and procedures.

B. The Commission shall be staffed by personnel from and assisted by state departments and agencies as requested by the Lieutenant Governor and directed by the Governor.

C. The Commission shall meet at the call of the Lieutenant Governor and as may be provided in procedures adopted by the Commission.

D. The Lieutenant Governor, as chair, may establish workgroups or committees assigning commission members to and inviting public participation on these workgroups or committees as the Lieutenant Governor deems necessary.

E. The Commission may adopt, reject, or modify recommendations made by the workgroups and committees.

F. The Commission shall act by majority vote of its present and voting members. A majority of the voting members of the Commission constitutes a quorum for the transaction of business.

G. The Commission may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Commission may consult with outside experts in order to perform its duties.

H. Members of the Commission shall serve without compensation. Members of the Commission may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Department of Management and Budget and the Civil Service Commission, subject to available funding.

I. The Commission may hire or retain contractors, sub-contractors, advisors, consultants and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Commission and the performance of its duties, as the Lieutenant Governor deems advisable and necessary in accordance with the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.

J. The Commission may accept donations of labor, services, or other things of value from any public or private agency or person.

K. Members of the Commission, staff, and contractors shall refer all legal, legislative, and media contacts to the Office of the Lieutenant Governor.

IV. MISCELLANEOUS

A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Commission, or to any member or representative of the Commission, any necessary assistance required by the Commission, or any member or representative of the Commission, in the performance of the duties of the Commission so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Commission.

B. Nothing in this Executive Order shall be construed to diminish the constitutional authority of the State Board of Education pursuant to Section 3 of Article VIII of the Michigan Constitution of 1963, to provide leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees; to serve as the general planning and coordinating body for all public education, including higher education; and to advise the Legislature as to the financial requirements in connection therewith.

C. Nothing in this Order shall be construed to change the organization of the executive branch of state government or the assignment of functions among its units in a manner requiring the force of law.

D. The invalidity of any portion of this Order shall not affect the validity of the remainder the Order.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 22nd day of June, in the year of our Lord, two thousand four.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

Introduction of Bills

Rep. Accavitti introduced

House Bill No. 6040, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 309 (MCL 257.309), as amended by 2002 PA 534.

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

Rep. Accavitti introduced

House Bill No. 6041, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1160.

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

Rep. Accavitti introduced

House Bill No. 6042, entitled

A bill to designate an official beverage of this state.

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

Reps. Mortimer, Ehardt, Caswell, Vander Veen, Richardville, Caul, Nofs, Rivet, Stewart and Sak introduced

House Bill No. 6043, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 269.

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

Reps. Gaffney, Tobocman, Farrah, Vander Veen and Pappageorge introduced

House Bill No. 6044, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 227 (MCL 750.227), as amended by 1986 PA 8.

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

Reps. Gaffney, Ward and Stakoe introduced

House Bill No. 6045, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 22224b.

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

______

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. Hager, Vander Veen, Voorhees, Bieda, Bisbee, Caswell, Daniels, Ehardt, Emmons, Gieleghem, Hummel, Kooiman, Middaugh, Minore, Richardville, Shulman, Spade, Stahl, Tabor, Taub and Tobocman offered the following concurrent resolution:

House Concurrent Resolution No. 64.

A concurrent resolution to urge the Family Independence Agency to work closely with the United States Department of Justice to implement recommendations made concerning the operations of the W. J. Maxey Training School.

Whereas, Pursuant to federal law, the Civil Rights Division of the United States Department of Justice conducted a thorough investigation of the conditions at W. J. Maxey Training School at Whitmore Lake. This study, which included on-site inspections, discussions, and document review, identified significant deficiencies at the facility and called for new measures to bring the Maxey Training School into compliance with federal standards in all areas; and

Whereas, The Justice Department review of conditions at the Maxey Training School uncovered practices that are very troubling. The study found many conditions that must be remedied. Several of the deficiencies put the youthful residents at significant risk. Instead of treatment designed to help residents turn their lives around, certain conditions and practices have been creating a counterproductive atmosphere; and

Whereas, Justice Department investigators found "quite disturbing" uses of restraints, troubling reports of peer restraint practices, excessive use of isolation, inadequate due process in disciplinary cases, inadequate staffing levels, insufficient education programs for residents with disabilities, insufficient fire safety protection, and discrimination against individuals with physical or mental impairments. Conditions for young people in need of special education services and those needing mental health services were found to be especially poor; and

Whereas, While there are clearly difficult challenges in the mission of the Maxey Training School, we must do all we can as a state to ensure that treatment is just and consistent. In addition to the moral and legal obligations involved in this work, ensuring that justice is applied within the facility is in the best interests of the entire state in the long run; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Family Independence Agency to work closely with the United States Department of Justice to implement recommendations made concerning the operations of the W. J. Maxey Training School; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor, the Family Independence Agency, and the W. J. Maxey Training School.

The concurrent resolution was referred to the Committee on Government Operations.

______

Rep. Hummel moved that the House adjourn.

The motion prevailed, the time being 4:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, June 24, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives