No. 62
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2005
House Chamber, Lansing, Thursday, June 30, 2005.
10:30 a.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 Emmons--present Leland--present Robertson--present
Acciavatti--present Espinoza--present Lemmons, III--present Rocca--present
Adamini--present Farhat--present Lemmons, Jr.--present Sak--present
Amos--present Farrah--present Lipsey--present Schuitmaker--present
Anderson--present Gaffney--present Marleau--present Shaffer--present
Angerer--present Garfield--present Mayes--present Sheen--present
Ball--present Gillard--present McConico--present Sheltrown--present
Baxter--present Gleason--present McDowell--present Smith, Alma--present
Bennett--present Gonzales--present Meisner--present Smith, Virgil--present
Bieda--present Gosselin--present Meyer--present Spade--present
Booher--present Green--present Miller--present Stahl--present
Brandenburg--present Hansen--present Moolenaar--present Stakoe--present
Brown--present Hildenbrand--present Moore--present Steil--present
Byrnes--present Hood--present Mortimer--present Stewart--present
Byrum--present Hoogendyk--present Murphy--present Taub--present
Casperson--present Hopgood--present Newell--present Tobocman--present
Caswell--present Huizenga--present Nitz--present Vagnozzi--present
Caul--present Hummel--present Nofs--present Van Regenmorter--present
Cheeks--excused Hune--present Palmer--present Vander Veen--present
Clack--present Hunter--present Palsrok--present Walker--present
Clemente--present Jones--present Pastor--present Ward--present
Condino--present Kahn--present Pavlov--present Waters--present
Cushingberry--present Kehrl--present Pearce--present Wenke--present
DeRoche--present Kolb--present Phillips--present Whitmer--present
Dillon--present Kooiman--present Plakas--present Williams--present
Donigan--present LaJoy--present Polidori--present Wojno--present
Drolet--present Law, David--present Proos--present Zelenko--present
Elsenheimer--present Law, Kathleen--present
e/d/s = entered during session
Rep. Andy Meisner, from the 27th District, offered the following invocation:
"Our God and God of our ancestors: we ask Your blessings for our country, for our veterans and active military fighting to defend our country, for our Government, its leaders and advisors, and for all who exercise just and rightful authority.
Teach them insights of Your Torah, that they may administer all affairs of state fairly, that peace and security, happiness and prosperity, justice and freedom may forever abide in our midst.
Creator of all flesh, bless all the inhabitants of our state and our country with Your spirit. May citizens of all races and creeds forge a common bond in true harmony to banish all hatred and bigotry and to safeguard the ideals and free institutions which are the pride and glory of our country.
May this land under Your providence be an influence for good throughout the world, uniting all people in peace and freedom and helping them to fulfill the vision of Your prophet: 'Nation shall not lift up sword against nation, neithershall they experience war any more.'
And let us say: Amen."
Messages from the Senate
The Senate requested the return of
Senate Bill No. 513, entitled
A bill to amend 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," by amending sections 301, 302, 312, 370, 381, 498, 500b, 509m, 509q, 509gg, 641, 642a, 653a, 699, and 963 (MCL 168.301, 168.302, 168.312, 168.370, 168.381, 168.498, 168.500b, 168.509m, 168.509q, 168.509gg, 168.641, 168.642a, 168.653a, 168.699, and 168.963), section 301 as amended by 2004 PA 286, sections 302 and 312 as added and sections 370, 509gg,and 963 as amended by 2003 PA 302, section 381 as amended by 2004 PA 290, section 498 as amended by 1984 PA 89, section 500b as amended by 1989 PA 142, section 509m as amended by 2004 PA 92, section 509q as added by 1994 PA 441, section 641 as amended by 2003 PA 298, section 642a as amended by 2004 PA 294, section 653a as added by 1982 PA 2, and section 699 as amended by 2004 PA 297, and by adding sections 302a and 509hh."
(The bill was received from the Senate on June 28, with amendments to the House substitute (H-1), consideration of which, under the rules, was postponed until June 29, see House Journal No. 60, p. 985.)
The question being on concurring in the amendments to the House substitute (H-1) made to the bill by the Senate,
Rep. Ward moved that the request of the Senate be granted.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported
Senate Bill No. 257, 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 2004 PA 191.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Rocca, Jones, Gaffney, Wojno, McDowell, Virgil Smith and Lemmons, III
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Rocca, Chair, of the Committee on Regulatory Reform, was received and read:
Meeting held on: Thursday, June 30, 2005
Present: Reps. Rocca, Jones, Gaffney, Wojno, McDowell, Virgil Smith and Lemmons, III
Absent: Reps. Van Regenmorter and Palsrok
Excused: Rep. Palsrok
` By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Casperson, Shaffer, Emmons, Robertson, Moore, Ball, Caul, Cushingberry, Elsenheimer, Farhat, Green, Jones, LaJoy, Lemmons, III, Lemmons, Jr., Marleau, Mortimer, Pastor, Polidori, Proos and Sheltrown offered the following resolution:
House Resolution No. 106.
A resolution to memorialize the Congress of the United States to make proceeds from all games of chance operated by 501(c) charitable organizations tax exempt.
Whereas, Charitable, philanthropic, and mutually beneficial organizations operating as tax exempt entities under section 501(c) of the Internal Revenue Code contribute to our society in a host of ways. These groups enrich community life, encourage high standards of citizenship, and meet needs that are outside the realm of governmental ability or responsibility. Clearly, state and federal tax policy is designed to help foster this component of our national character; and
Whereas, The Internal Revenue Code provides a variety of tax exemptions for groups commonly referred to as "501(c) organizations." These include exemptions for proceeds from bingo games that meet certain specified standards. This fundraising tool, in particular, is a revenue lifeblood for many groups. Other types of games, however, are not exempt and this inconsistency is harmful. Since many of these groups do not realize that their fundraising activities may be taxable, these organizations may unknowingly be breaking the law. Considerable confusion can surround the reporting requirements even for groups that understand the law and make every effort to be in compliance; and
Whereas, Most importantly, groups committed to service within our society utilize games of chance as a major source of financial support to enable them to carry out worthwhile projects. This service should be encouraged as much as possible, and not be restricted by the vagaries of the Internal Revenue Code. Indeed, the more clarity brought to the often baffling tax provisions involving tax-exempt organizations, the better for society; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to amend the Internal Revenue Code to make proceeds from all games of chance conducted by 501(c) organizations tax exempt; 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.
Senate Bill No. 522, entitled
A bill to amend 1925 PA 368, entitled "An act to prohibit obstructions and encroachments on public highways, to provide for the removal thereof, to prescribe the conditions under which telegraph, telephone, power, and other public utility companies, cable television companies and municipalities may enter upon, construct and maintain telegraph, telephone, power or cable television lines, pipe lines, wires, cables, poles, conduits, sewers and like structures upon, over, across or under public roads, bridges, streets and waters and to provide penalties for the violation of this act," by amending section 13 (MCL 247.183), as amended by 2002 PA 151.
(The bill was passed on June 28, see House Journal No. 60, p. 989; motion made to reconsider the vote by which the House passed the bill and motion postponed for the day on June 29, see House Journal No. 61, p. 1108.)
(For first notice, see House Journal No. 60, p. 1033.)
The question being on the motion made previously by Rep. Ward,
Rep. Ward withdrew the motion.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 551, entitled
A bill to amend 2004 PA 591, entitled "An act to amend 1991 PA 179, entitled "An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; to repeal certain acts and parts of acts; and to repeal this act on a specific date," by amending section 213 (MCL 484.2213), as amended by 2000 PA 295; and to repeal acts and parts of acts," by repealing enacting section 1.
(The bill was passed on June 28, see House Journal No. 60, p. 993; motion made to reconsider the vote by which the House passed the bill and motion postponed for the day on June 29, see House Journal No. 61, p. 1108.)
(For first notice, see House Journal No. 60, p. 1033.)
The question being on the motion made previously by Rep. Ward,
Rep. Ward withdrew the motion.
Rep. Ward 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. 257, 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 2004 PA 191.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Regulatory Reform,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Hildenbrand moved that Rep. DeRoche 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. 257, 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 2004 PA 191.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 326 Yeas--102
Accavitti Emmons Leland Robertson
Acciavatti Espinoza Lemmons, III Rocca
Adamini Farhat Lemmons, Jr. Sak
Amos Farrah Lipsey Schuitmaker
Anderson Gaffney Marleau Shaffer
Angerer Garfield Mayes Sheen
Ball Gillard McConico Sheltrown
Baxter Gleason McDowell Smith, Alma
Bennett Gonzales Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stakoe
Brandenburg Hildenbrand Moolenaar Steil
Brown Hood Moore Stewart
Byrnes Hopgood Mortimer Taub
Byrum Huizenga Murphy Tobocman
Casperson Hummel Nitz Vagnozzi
Caswell Hune Nofs Vander Veen
Caul Hunter Palmer Walker
Clack Jones Palsrok Ward
Clemente Kahn Pastor Waters
Condino Kehrl Pavlov Wenke
Cushingberry Kolb Phillips Whitmer
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
Elsenheimer Law, Kathleen
Nays--6
Gosselin Newell Stahl Van Regenmorter
Hoogendyk Pearce
In The Chair: Kooiman
The question being on agreeing to the title of the bill,
Rep. Ward moved to amend the title to read as follows:
A bill to amend 1998 PA 58, entitled "An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts," by amending sections 525, 531, and 543 (MCL 436.1525, 436.1531, and 436.1543), section 525 as amended by 2004 PA 266 and sections 531 and 543 as amended by 2004 PA 191.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Quorum Call
Rep. Waters questioned the presence of a quorum and moved that the roll be called and printed in the Journal.
The motion prevailed.
The roll was called and the Clerk announced that a quorum was present.
The following is the roll call:
Roll Call No. 327 Yeas--96
Acciavatti Farhat Lemmons, Jr. Rocca
Adamini Garfield Lipsey Sak
Amos Gillard Marleau Shaffer
Anderson Gonzales Mayes Sheen
Angerer Gosselin McConico Sheltrown
Ball Green McDowell Smith, Virgil
Baxter Hansen Meisner Spade
Bennett Hildenbrand Meyer Stahl
Bieda Hood Miller Stakoe
Booher Hoogendyk Moolenaar Steil
Brandenburg Hopgood Moore Stewart
Brown Huizenga Murphy Taub
Byrnes Hummel Newell Tobocman
Casperson Hune Nitz Vagnozzi
Caswell Hunter Palmer Van Regenmorter
Caul Jones Palsrok Vander Veen
Clack Kahn Pastor Walker
Clemente Kehrl Pavlov Ward
Cushingberry Kolb Pearce Waters
Donigan Kooiman Phillips Wenke
Drolet LaJoy Plakas Whitmer
Elsenheimer Law, Kathleen Polidori Williams
Emmons Leland Proos Wojno
Espinoza Lemmons, III Robertson Zelenko
In The Chair: Kooiman
______
Rep. Waters moved that Rep. Byrum be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4465, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 40111b.
(The bill was received from the Senate on June 29, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 61, p. 1051.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 328 Yeas--100
Accavitti Espinoza Lemmons, III Rocca
Acciavatti Farhat Lemmons, Jr. Sak
Adamini Farrah Lipsey Schuitmaker
Amos Gaffney Marleau Shaffer
Anderson Garfield Mayes Sheltrown
Angerer Gillard McConico Smith, Alma
Ball Gleason McDowell Smith, Virgil
Baxter Gonzales Meisner Spade
Bennett Green Meyer Stahl
Bieda Hansen Miller Stakoe
Booher Hildenbrand Moolenaar Steil
Brandenburg Hood Moore Stewart
Brown Hopgood Mortimer Taub
Byrnes Huizenga Murphy Tobocman
Casperson Hummel Newell Vagnozzi
Caswell Hunter Nitz Van Regenmorter
Caul Jones Palsrok Vander Veen
Clack Kahn Pastor Walker
Clemente Kehrl Pavlov Ward
Condino Kolb Pearce Waters
Cushingberry Kooiman Phillips Wenke
DeRoche LaJoy Plakas Whitmer
Dillon Law, David Polidori Williams
Donigan Law, Kathleen Proos Wojno
Emmons Leland Robertson Zelenko
Nays--8
Drolet Gosselin Hune Palmer
Elsenheimer Hoogendyk Nofs Sheen
In The Chair: Kooiman
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Ward moved that Reps. DeRoche, Huizenga, Sheen and Moolenaar be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
House Bill No. 4541, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 518, 525, and 537 (MCL 436.1518, 436.1525, and 436.1537), section 518 as added by 2002 PA 725, section 525 as amended by 2004 PA 266, and section 537 as amended by 2001 PA 223.
(The bill was received from the Senate on June 29, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 61, p. 1051.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 329 Yeas--101
Accavitti Emmons Law, David Proos
Acciavatti Espinoza Law, Kathleen Robertson
Adamini Farhat Leland Rocca
Amos Farrah Lemmons, III Sak
Anderson Gaffney Lemmons, Jr. Schuitmaker
Angerer Garfield Lipsey Shaffer
Ball Gillard Marleau Sheltrown
Baxter Gleason Mayes Smith, Alma
Bennett Gonzales McConico Smith, Virgil
Bieda Gosselin McDowell Spade
Booher Green Meisner Stakoe
Brandenburg Hansen Meyer Steil
Brown Hildenbrand Miller Stewart
Byrnes Hood Moore Taub
Byrum Hoogendyk Mortimer Tobocman
Casperson Hopgood Murphy Vagnozzi
Caswell Hummel Newell Vander Veen
Caul Hune Nitz Walker
Clack Hunter Palmer Ward
Clemente Jones Palsrok Waters
Condino Kahn Pastor Wenke
Cushingberry Kehrl Pavlov Whitmer
Dillon Kolb Phillips Williams
Donigan Kooiman Plakas Wojno
Drolet LaJoy Polidori Zelenko
Elsenheimer
Nays--4
Nofs Pearce Stahl Van Regenmorter
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 4887, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 4, 6, 11, 11a, 11f, 11g, 11j, 18, 19, 20, 20j, 22a, 22b, 22d, 24, 25, 26a, 31a, 31d, 32d, 32j, 39, 39a, 41, 41a, 51a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 94a, 98, 98b, 107, 147, 158b, and 164c (MCL 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611f, 388.1611g, 388.1611j, 388.1618, 388.1619, 388.1620, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1624, 388.1625, 388.1626a, 388.1631a, 388.1631d, 388.1632d, 388.1632j, 388.1639, 388.1639a, 388.1641, 388.1641a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1698b, 388.1707, 388.1747, 388.1758b, and 388.1764c), sections 4, 6, 11f, 11g, 11j, 19, 20, 20j, 22a, 22b, 24, 26a, 31a, 32d, 32j, 39a, 41, 41a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 94a, 98, 107, 147, and 158b as amended and section 22d as added by 2004 PA 351, sections 11 and 51a as amended by 2004 PA 518, section 11a as added by 2003 PA 158, section 18 as amended by 2004 PA 414, section 25 as amended by 2000 PA 297, sections 31a and 98b as amended by 2004 PA 593, section 39 as amended by 2002 PA 191, and section 164c as added by 1995 PA 130, and by adding sections 26b, 32l, 33, 54a, 91, 99a, and 99b; and to repeal acts and parts of acts.
(The bill was received from the Senate on June 29, with substitute (S-2) and title amendment, consideration of which, under the rules, was postponed until today, see House Journal No. 61, p. 1051.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 330 Yeas--0
Nays--99
Accavitti Espinoza Law, Kathleen Sak
Acciavatti Farhat Leland Schuitmaker
Amos Farrah Lipsey Shaffer
Anderson Gaffney Marleau Sheltrown
Angerer Garfield Mayes Smith, Alma
Ball Gillard McConico Smith, Virgil
Baxter Gleason McDowell Spade
Bieda Gonzales Meisner Stahl
Booher Gosselin Meyer Stakoe
Brandenburg Green Miller Steil
Brown Hansen Moore Stewart
Byrnes Hildenbrand Mortimer Taub
Byrum Hood Murphy Tobocman
Casperson Hoogendyk Newell Vagnozzi
Caswell Hopgood Nitz Van Regenmorter
Caul Hummel Nofs Vander Veen
Clack Hune Palmer Walker
Clemente Hunter Palsrok Ward
Condino Jones Pastor Waters
Cushingberry Kahn Pavlov Wenke
Dillon Kehrl Pearce Whitmer
Donigan Kolb Polidori Williams
Drolet Kooiman Proos Wojno
Elsenheimer LaJoy Robertson Zelenko
Emmons Law, David Rocca
In The Chair: Kooiman
Second Reading of Bills
Senate Bill No. 193, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8117 (MCL 600.8117), as amended by 1997 PA 161.
The bill was read a second time.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward 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. 193, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8117 (MCL 600.8117), as amended by 1997 PA 161.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4825, entitled
A bill to amend 1982 PA 249, entitled "An act to establish the state children's trust fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the trust fund," by amending section 1 (MCL 21.171), as amended by 2002 PA 1.
The Senate has amended the bill as follows:
1. Amend page 2, line 13, after "earnings" by inserting a comma and "LESS UNREALIZED GAINS AND LOSSES,".
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
Rep. Murphy moved to amend the Senate amendment as follows:
1. Amend Senate Amendment No. 1, page 2, line 13, after "and" by striking out "LESS" and inserting "EXCLUDING".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
The amendment, as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 331 Yeas--105
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheltrown
Ball Gleason McConico Smith, Alma
Baxter Gonzales McDowell Smith, Virgil
Bennett Gosselin Meisner Spade
Bieda Green Meyer Stahl
Booher Hansen Miller Stakoe
Brandenburg Hildenbrand Moore Steil
Brown Hood Mortimer Stewart
Byrnes Hoogendyk Murphy Taub
Byrum Hopgood Newell Tobocman
Casperson Hummel Nitz Vagnozzi
Caswell Hune Nofs Van Regenmorter
Caul Hunter Palmer Vander Veen
Clack Jones Palsrok Walker
Clemente Kahn Pastor Ward
Condino Kehrl Pavlov Waters
Cushingberry Kolb Pearce Wenke
Dillon Kooiman Phillips Whitmer
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons
Nays--0
In The Chair: Kooiman
Second Reading of Bills
Senate Bill No. 335, entitled
A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," (MCL 722.111 to 722.128) by adding section 17a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Rep. Waters moved that Rep. Murphy 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. 335, entitled
A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," (MCL 722.111 to 722.128) by adding section 17a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 332 Yeas--108
Accavitti Emmons Law, Kathleen Robertson
Acciavatti Espinoza Leland Rocca
Adamini Farhat Lemmons, III Sak
Amos Farrah Lemmons, Jr. Schuitmaker
Anderson Gaffney Lipsey Shaffer
Angerer Garfield Marleau Sheen
Ball Gillard Mayes Sheltrown
Baxter Gleason McConico Smith, Alma
Bennett Gonzales McDowell Smith, Virgil
Bieda Gosselin Meisner Spade
Booher Green Meyer Stahl
Brandenburg Hansen Miller Stakoe
Brown Hildenbrand Moolenaar Steil
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Newell Tobocman
Caswell Huizenga Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kahn Pavlov Waters
DeRoche Kehrl Pearce Wenke
Dillon Kolb Phillips Whitmer
Donigan Kooiman Plakas Williams
Drolet LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward 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. 72, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1304.
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. Clack moved to amend the bill as follows:
1. Amend page 1, line 6, after "OPERATES." by inserting "SCHOOL OFFICIALS ARE ENCOURAGED TO PROVIDE COPIES OF THE PLEDGE OF ALLEGIANCE FOR THE PURPOSES OF THIS SUBSECTION.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Drolet and Tobocman moved to amend the bill as follows:
1. Amend page 1, line 4, after "UNITED" by striking out "STATES IS" and inserting "STATES, THE NATIONAL ANTHEM, OTHER HISTORIC TEXTS OR DOCUMENTS OR ANY OTHER DISPLAYS OF PATRIOTISM THAT REFLECT OUR SHARED AMERICAN HERITAGE ARE".
2. Amend page 1, line 10, after "STATES" by striking out "OR THE NATIONAL ANTHEM, OR BOTH," and inserting "THE NATIONAL ANTHEM, OTHER HISTORIC TEXTS OR DOCUMENTS OR ANY OTHER DISPLAYS OF PATRIOTISM THAT REFLECT OUR SHARED AMERICAN HERITAGE OR ANY COMBINATION THEREOF,".
The question being on the adoption of the amendments offered by Reps. Drolet and Tobocman,
Rep. Drolet demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Reps. Drolet and Tobocman,
Rep. Ward moved that consideration of the bill be postponed for the day.
The motion prevailed.
Senate Bill No. 170, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1a of chapter IV, section 16a of chapter IX, section 22 of chapter XVI, and sections 15g, 16m, and 16s of chapter XVII (MCL 764.1a, 769.16a, 776.22, 777.15g, 777.16m, and 777.16s), section 1a of chapter IV as amended by 1994 PA 70, section 16a of chapter IX as amended by 2004 PA 220, section 22 of chapter XVI as amended by 2001 PA 194, section 15g of chapter XVII as added by 2002 PA 206, section 16m of chapter XVII as amended by 2001 PA 166, and section 16s of chapter XVII as amended by 2004 PA 519.
The bill was read a second time.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward 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. 170, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1a of chapter IV, section 16a of chapter IX, section 22 of chapter XVI, and sections 15g, 16m, and 16s of chapter XVII (MCL 764.1a, 769.16a, 776.22, 777.15g, 777.16m, and 777.16s), section 1a of chapter IV as amended by 1994 PA 70, section 16a of chapter IX as amended by 2004 PA 220, section 22 of chapter XVI as amended by 2001 PA 194, section 15g of chapter XVII as added by 2002 PA 206, section 16m of chapter XVII as amended by 2001 PA 166, and section 16s of chapter XVII as amended by 2004 PA 519.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 333 Yeas--107
Accavitti Emmons Law, Kathleen Proos
Acciavatti Espinoza Leland Robertson
Adamini Farhat Lemmons, III Rocca
Amos Farrah Lemmons, Jr. Sak
Anderson Gaffney Lipsey Schuitmaker
Angerer Garfield Marleau Shaffer
Ball Gillard Mayes Sheen
Baxter Gleason McConico Sheltrown
Bennett Gonzales McDowell Smith, Alma
Bieda Gosselin Meisner Spade
Booher Green Meyer Stahl
Brandenburg Hansen Miller Stakoe
Brown Hildenbrand Moolenaar Steil
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones Palsrok Waters
Cushingberry Kahn Pastor Wenke
DeRoche Kehrl Pavlov Whitmer
Dillon Kolb Pearce Williams
Donigan Kooiman Phillips Wojno
Drolet LaJoy Plakas Zelenko
Elsenheimer Law, David Polidori
Nays--2
Smith, Virgil Vander Veen
In The Chair: Kooiman
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,"
The House agreed to the full title.
Rep. Ward 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. 4803, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1284b (MCL 380.1284b), as amended by 2001 PA 167.
The bill was read a second time.
Rep. Gaffney moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward 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. 4803, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1284b (MCL 380.1284b), as amended by 2001 PA 167.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Local Government and Urban Policy, by Rep. Stakoe, Chair, reported
House Bill No. 4916, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 10 (MCL 125.2690), as amended by 2000 PA 259.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Stakoe, Elsenheimer, Robertson, Nitz, Baxter, Schuitmaker, Tobocman, Donigan and Vagnozzi
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Stakoe, Chair, reported
House Bill No. 4917, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7ff (MCL 211.7ff), as amended by 1998 PA 498.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Stakoe, Elsenheimer, Robertson, Nitz, Baxter, Schuitmaker, Tobocman, Donigan and Vagnozzi
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Stakoe, Chair, reported
Senate Bill No. 252, entitled
A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 14 (MCL 125.284).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Stakoe, Elsenheimer, Robertson, Nitz, Baxter, Schuitmaker, Tobocman, Donigan and Vagnozzi
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Stakoe, Chair, reported
Senate Bill No. 253, entitled
A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 9 (MCL 125.209), as amended by 2000 PA 385.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Stakoe, Elsenheimer, Robertson, Nitz, Baxter, Schuitmaker, Tobocman, Donigan and Vagnozzi
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Stakoe, Chair, reported
Senate Bill No. 254, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 4 (MCL 125.584), as amended by 2000 PA 383.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Stakoe, Elsenheimer, Robertson, Nitz, Baxter, Schuitmaker, Tobocman, Donigan and Vagnozzi
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Stakoe, Chair, of the Committee on Local Government and Urban Policy, was received and read:
Meeting held on: Thursday, June 30, 2005
Present: Reps. Stakoe, Elsenheimer, Robertson, Nitz, Baxter, Schuitmaker, Tobocman, Donigan and Vagnozzi
Absent: Reps. Van Regenmorter and Accavitti
Excused: Reps. Van Regenmorter and Accavitti
The Committee on Commerce, by Rep. Huizenga, Chair, reported
House Bill No. 5005, entitled
A bill to create the 21st century jobs fund authority; to create a board; to create funds and accounts; to prescribe the powers and duties of the authority; to create and operate certain programs; and to make loans and investments.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Murphy, Dillon, Bennett and McConico
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Huizenga, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Thursday, June 30, 2005
Present: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Murphy, Dillon, Bennett and McConico
Absent: Rep. Accavitti
Excused: Rep. Accavitti
Third Reading of Bills
The House returned to the consideration of
House Bill No. 4803, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1284b (MCL 380.1284b), as amended by 2001 PA 167.
(The bill was considered earlier today, see today's Journal p. 1135.)
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 334 Yeas--69
Acciavatti Farrah Lemmons, III Robertson
Amos Gaffney Lemmons, Jr. Rocca
Ball Garfield Marleau Sak
Baxter Gillard McConico Schuitmaker
Bennett Gleason McDowell Shaffer
Booher Gonzales Meyer Sheen
Brandenburg Gosselin Moolenaar Sheltrown
Brown Green Moore Smith, Virgil
Casperson Hansen Mortimer Stahl
Caul Hildenbrand Newell Steil
Clack Huizenga Nofs Taub
Clemente Hummel Palmer Vander Veen
Cushingberry Hune Palsrok Walker
DeRoche Jones Pavlov Ward
Drolet Kahn Pearce Waters
Elsenheimer Kooiman Polidori Wenke
Emmons Law, David Proos Zelenko
Espinoza
Nays--40
Accavitti Donigan Leland Smith, Alma
Adamini Farhat Lipsey Spade
Anderson Hood Mayes Stakoe
Angerer Hoogendyk Meisner Stewart
Bieda Hopgood Miller Tobocman
Byrnes Hunter Murphy Vagnozzi
Byrum Kehrl Nitz Van Regenmorter
Caswell Kolb Pastor Whitmer
Condino LaJoy Phillips Williams
Dillon Law, Kathleen Plakas Wojno
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward 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. 348, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 51 (MCL 211.51), as amended by 1992 PA 97.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Sheen 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. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Waters moved that Rep. McConico 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. 348, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 51 (MCL 211.51), as amended by 1992 PA 97.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 335 Yeas--108
Accavitti Emmons Law, Kathleen Robertson
Acciavatti Espinoza Leland Rocca
Adamini Farhat Lemmons, III Sak
Amos Farrah Lemmons, Jr. Schuitmaker
Anderson Gaffney Lipsey Shaffer
Angerer Garfield Marleau Sheen
Ball Gillard Mayes Sheltrown
Baxter Gleason McDowell Smith, Alma
Bennett Gonzales Meisner Smith, Virgil
Bieda Gosselin Meyer Spade
Booher Green Miller Stahl
Brandenburg Hansen Moolenaar Stakoe
Brown Hildenbrand Moore Steil
Byrnes Hood Mortimer Stewart
Byrum Hoogendyk Murphy Taub
Casperson Hopgood Newell Tobocman
Caswell Huizenga Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kahn Pavlov Waters
DeRoche Kehrl Pearce Wenke
Dillon Kolb Phillips Whitmer
Donigan Kooiman Plakas Williams
Drolet LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Nays--0
In The Chair: Kooiman
The question being on agreeing to the title of the bill,
Rep. Ward moved to amend the title to read as follows:
A bill to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 51 (MCL 211.51), as amended by 2005 PA 24.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward 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. 4916, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 10 (MCL 125.2690), as amended by 2000 PA 259.
The bill was read a second time.
Rep. Kooiman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward 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. 4916, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 10 (MCL 125.2690), as amended by 2000 PA 259.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 336 Yeas--109
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brandenburg Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Phillips Whitmer
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward 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. 4917, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7ff (MCL 211.7ff), as amended by 1998 PA 498.
The bill was read a second time.
Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward 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. 4917, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7ff (MCL 211.7ff), as amended by 1998 PA 498.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 337 Yeas--109
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brandenburg Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Phillips Whitmer
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Ward moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Lemmons, Jr. moved that the Committee on Employment Relations, Training, and Safety be discharged from further consideration of House Bill No. 4516.
(For first notice see House Journal No. 61, p. 1120.)
The question being on the motion made by Rep. Lemmons, Jr.,
Rep. Lemmons, Jr. demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Lemmons, Jr.,
The motion prevailed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 338 Yeas--109
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brandenburg Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Phillips Whitmer
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons
Nays--0
In The Chair: Kooiman
Rep. Ward moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Ward moved that pursuant to House Rule 20, the Clerk of the House be authorized to enroll House bills while the House is not in session.
The motion prevailed.
Rep. Ward moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Ward moved that when the House adjourns today it stand adjourned until Wednesday, July 6, at 1:00 p.m.
The motion prevailed.
Rep. Ward moved that when the House adjourns Wednesday, July 6 it stand adjourned until Wednesday, July 13, at 1:00 p.m.
The motion prevailed.
Rep. Ward moved that when the House adjourns Wednesday, July 13 it stand adjourned until Wednesday, July 20, at 1:00 p.m.
The motion prevailed.
Rep. Ward moved that when the House adjourns Wednesday, July 20 it stand adjourned until Wednesday, July 27, at 1:00 p.m.
The motion prevailed.
Rep. Ward moved that when the House adjourns Wednesday, July 27 it stand adjourned until Wednesday, August 3, at 1:00 p.m.
The motion prevailed.
Rep. Ward moved that when the House adjourns Wednesday, August 3 it stand adjourned until Wednesday, August 10, at 1:00 p.m.
The motion prevailed.
Rep. Ward moved that when the House adjourns Wednesday, August 10 it stand adjourned until Wednesday, August 17, at 1:00 p.m.
The motion prevailed.
Rep. Ward moved that when the House adjourns Wednesday, August 17 it stand adjourned until Wednesday, August 24, at 1:00 p.m.
The motion prevailed.
Notices
Rep. Plakas, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call Nos. 299-325. Had I been present, I would have voted 'yea' on Roll Call Nos. 299-309 and 311-325 and 'nay' on Roll Call No. 310."
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bill had been printed and placed upon the files of the members on Wednesday, June 29:
Senate Bill No. 658
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, June 30, for her approval of the following bill:
Enrolled House Bill No. 4635 at 9:53 a.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, June 30:
House Bill Nos. 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029
Senate Bill Nos. 650 651 652 653 654 655 656 657 659 660 661 662 663 664 665 666 667 668 669
The Clerk announced that the following Senate bills had been received on Thursday, June 30:
Senate Bill Nos. 34 129 247 351 540 599 601 605 606 607 608 609 610 611 612 613 614 615
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4275, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 477 (MCL 168.477), as amended by 1999 PA 219.
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. 4826, entitled
A bill to amend 1982 PA 250, entitled "Child abuse and neglect prevention act," by amending section 4 (MCL 722.604).
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.
Senate Bill No. 34, entitled
A bill to provide for the establishment of a corridor improvement authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas in the districts; to promote the economic growth of the districts; to create a board; to prescribe the powers and duties of the board; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 129, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 2a of chapter XI (MCL 771.2a), as amended by 1998 PA 520.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 247, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230 and 1230a (MCL 380.1230 and 380.1230a), section 1230 as amended by 1993 PA 284 and section 1230a as added by 1995 PA 83.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 351, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2004 PA 97, and by adding section 16322 and part 165.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 540, entitled
A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 2 (MCL 445.1652), as amended by 2002 PA 4.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Senate Bill No. 599, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 38g (MCL 208.38g), as amended by 2003 PA 249.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 601, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230 and 1230a (MCL 380.1230 and 380.1230a), section 1230 as amended by 1993 PA 284 and section 1230a as added by 1995 PA 83, and by adding sections 1230c and 1230e.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 605, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2004 PA 112.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 606, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2004 PA 150.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 607, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 5 and 9 (MCL 28.725 and 28.729), section 5 as amended by 2004 PA 240 and section 9 as amended by 2004 PA 237.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 608, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 27a to chapter VIII.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 609, entitled
A bill to amend 1937 (Ex Sess) PA 4, entitled "An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act," by amending sections 1 and 3 of article IV (MCL 38.101 and 38.103), as amended by 1993 PA 60, and by adding section 1a to article IV.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 610, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1535a and 1539b (MCL 380.1535a and 380.1539b), as amended by 2004 PA 51.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 611, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2004 PA 418.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 612, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1230d.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 613, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15g of chapter XVII (MCL 777.15g), as added by 2002 PA 206.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 614, entitled
A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," (MCL 722.111 to 722.128) by adding sections 5d and 5e.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 615, entitled
A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 5 (MCL 722.115), as amended by 2004 PA 315, and by adding sections 5c, 5f, and 5g.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary
House Concurrent Resolution No. 18.
A concurrent resolution to amend the Joint Rules of the Senate and House of Representatives.
(For text of concurrent resolution, see House Journal No. 61, p. 1105.)
The Senate has adopted the concurrent resolution and named Senators Cherry, Kuipers and Switalski as co-sponsors.
The concurrent resolution was referred to the Clerk for record.
By unanimous consent the House returned to the order of
Motions and Resolutions
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 107.
A resolution honoring Dan Wyant, Director of the Michigan Department of Agriculture.
Whereas, Dan Wyant has served as the Director of the Michigan Department of Agriculture (MDA) since October of 1996; and
Whereas, Dan has brought a vast and diverse agricultural background to the post, having been raised on a Cass County farm and participating in FFA and 4-H. He received his bachelor's degree in food systems management from Michigan State University and a master's degree in business administration from American University in Washington, D.C. He worked in the private sector as a marketing manager at Ralston Purina Company and as an export trade consultant at Lowe's International; and
Whereas, Dan Wyant began his public sector career in the Senate Republican Majority Office. He then served as the Legislative Liaison for the Michigan Department of Agriculture and worked as Associate Director of Governor John Engler's Office of Legislative Affairs, prior to returning to MDA as Director; and
Whereas, Dan's agricultural background and expertise, coupled with his sound business sense and congenial and inclusive problem-solving style, have made him a true industry leader. He is well-known and respected throughout the agricultural community, in the legislative arena, by his state colleagues, and by his national peers; and
Whereas, With Dan at the helm, the Michigan Department of Agriculture employees have fostered a deep commitment to responsiveness, collaboration, innovation, and excellence that have been instrumental in addressing and resolving a wide array of food and agriculture industry challenges. This includes bovine tuberculosis, emerald ash borer, and other animal and plant health and disease issues, the most comprehensive overhaul of Michigan's food safety laws and programs in a generation, the creation of effective and proactive agriculture pollution prevention programs, and the formation of pioneering agricultural economic development initiatives; and
Whereas, Dan has placed top priorities on ensuring food safety and security, promoting and enhancing environmental stewardship, protecting animal and plant health, ensuring consumer protection, creating viable agriculture development opportunities, and integrating technology into the Department's decision-making processes. Due to this leadership, many of Michigan's programs are recognized as national models; and
Whereas, Dan Wyant has served on numerous state and federal committees, as well as private sector boards, and has been a valuable and integral member of all, leaving his mark through strong participation in these efforts; and
Whereas, Dan's many contributions in both the Engler and Granholm Administrations will long be remembered and their positive impact felt by the agricultural community and others; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor Dan Wyant, Director of the Michigan Department of Agriculture; and be it further
Resolved, That a copy of this resolution be transmitted to Dan Wyant as a token of our respect for all his fine work.
Pending the reference of the resolution to a committee,
Rep. Ward 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.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Employment Relations, Training, and Safety from further consideration of House Bill No. 4046.
Rep. Lemmons, Jr.
Communications from State Officers
The following communication from the Department of Human Services was received and read:
June 16, 2005
Pursuant to Section 1002 of P.A. 344 of 2004, we are enclosing a copy of the following reports:
Type of ReportFacilityReport #License #
Interim Zone 1 Adoption Program CP210263343
This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under "News, Publications & Information" at the following address: http://www.michigan.gov/fia/.
If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.
Sincerely,
Marianne Udow
Director
The communication was referred to the Clerk.
Introduction of Bills
Rep. Steil introduced
House Bill No. 5030, entitled
A bill to amend 1972 PA 348, entitled "An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties," by amending section 11 (MCL 554.611).
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Lipsey, Bieda, Kehrl, Plakas, Leland, Kathleen Law, Tobocman, Whitmer, Gaffney and Stewart introduced
House Bill No. 5031, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 6023 and 6027 (MCL 600.6023 and 600.6027), section 6023 as amended by 1998 PA 61.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Hildenbrand introduced
House Bill No. 5032, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811e (MCL 257.811e), as amended by 2001 PA 124, and by adding section 811o.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Ball introduced
House Bill No. 5033, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9 (MCL 211.9), as amended by 2003 PA 140.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Lemmons, III, Lemmons, Jr., Waters, Williams, Virgil Smith and Cushingberry introduced
House Bill No. 5034, entitled
A bill to amend 1999 PA 212, entitled "An act to restrict certain governmental entities from requiring individuals to reside within certain geographic areas or specified distances or travel times from their place of employment as a condition of employment or promotion," by amending section 2 (MCL 15.602).
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Gaffney and Hune introduced
House Bill No. 5035, entitled
A bill to amend 1989 PA 24, entitled "The district library establishment act," (MCL 397.171 to 397.196) by adding sections 11a and 24a.
The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.
Rep. Ball introduced
House Bill No. 5036, entitled
A bill to amend 1994 PA 358, entitled "An act to regulate the possession of ferrets; to provide for the licensing of ferrets; to provide for requirements for importation and rabies control procedures for ferrets; to provide for the powers and duties of certain governmental entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by repealing section 10 (MCL 287.900).
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Spade, Mayes, Bieda, Kehrl, Polidori, Lipsey, Plakas, Sheltrown, Leland, McDowell, Stahl, Sheen, Kahn, Nitz, Mortimer and Shaffer introduced
House Bill No. 5037, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 272.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Drolet and Farrah introduced
House Bill No. 5038, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 658 (MCL 257.658), as amended by 2002 PA 494.
The bill was read a first time by its title and referred to the Committee on Government Operations.
______
Rep. Hunter moved that the House adjourn.
The motion prevailed, the time being 3:40 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, July 6, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives