No. 22
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2006
House Chamber, Lansing, Thursday, March 2, 2006.
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 Elsenheimer--present Law, Kathleen--present Robertson--present
Acciavatti--present Emmons--present Leland--present Rocca--present
Adamini--present Espinoza--present Lemmons, III--excused Sak--present
Amos--present Farhat--present Lemmons, Jr.--excused Schuitmaker--present
Anderson--present Farrah--present Lipsey--present Shaffer--present
Angerer--present Gaffney--present Marleau--present Sheen--present
Ball--present Garfield--present Mayes--excused Sheltrown--present
Baxter--present Gillard--present McConico--excused Smith, Alma--present
Bennett--present Gleason--present McDowell--present Smith, Virgil--present
Bieda--present Gonzales--present Meisner--present Spade--present
Booher--excused Gosselin--present Meyer--present Stahl--present
Brandenburg--present Green--present Miller--present Stakoe--present
Brown--present Hansen--present Moolenaar--present Steil--present
Byrnes--present Hildenbrand--present Moore--present Stewart--present
Byrum--present Hood--present Mortimer--present Taub--present
Casperson--present Hoogendyk--present Murphy--present Tobocman--present
Caswell--present Hopgood--present Newell--present Vagnozzi--present
Caul--present Huizenga--present Nitz--present Van Regenmorter--present
Cheeks--excused Hummel--present Nofs--present Vander Veen--present
Clack--present Hune--present Palmer--present Walker--present
Clemente--present Hunter--excused Palsrok--present Ward--present
Condino--present Jones--present Pastor--present Waters--present
Cushingberry--present Kahn--present Pavlov--present Wenke--present
DeRoche--present Kolb--present Pearce--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
e/d/s = entered during session
Rep. Matt Gillard, from the 106th District, offered the following invocation:
"Dear Heavenly Father, as we gather today, we pray that You grant us the grace and wisdom to always act for the public good and make decisions that will benefit all the residents of our great state.
We ask that You bless this chamber and the public servants assembled here today.
Please guide us and grant us the ability to work together toward the common goal of creating a better life for every man, woman and child in Michigan.
Through Your grace, we will strive to overcome our differences and work as one.
We give thanks to You that we have been given the opportunity to serve the people of Michigan. Amen."
______
Rep. Sak moved that Reps. Cheeks, Hunter, Lemmons, III, Lemmons, Jr., Mayes and McConico be excused from today's session.
The motion prevailed.
Rep. Palmer moved that Rep. Booher be excused from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5606, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1280 (MCL 380.1280), as amended by 2003 PA 275, and by adding section 1278a; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-7) previously recommended by the Committee on Education,
The substitute (H-7) was adopted, a majority of the members serving voting therefor.
Rep. Hopgood moved to substitute (H-8) the bill.
The question being on the adoption of the substitute (H-8) offered by Rep. Hopgood,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Senate Bill No. 120, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 27b to chapter VIII.
The bill was read a second time.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 3, following line 9, by inserting:
"(6) THIS SECTION APPLIES TO TRIALS AND EVIDENTIARY HEARINGS COMMENCED OR IN PROGRESS ON OR AFTER MAY 1, 2006.".
The motion prevailed and the amendment 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.
Senate Bill No. 263, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding sections 27a and 27b to chapter VIII.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 3, following line 21, by inserting:
"(6) THIS SECTION APPLIES TO TRIALS AND EVIDENTIARY HEARINGS COMMENCED OR IN PROGRESS ON OR AFTER MAY 1, 2006.".
The motion prevailed and the amendment 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.
Senate Bill No. 728, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 9201, 9204, 9207, and 9227 (MCL 333.9201, 333.9204, 333.9207, and 333.9227), sections 9201 and 9227 as amended and section 9207 as added by 1996 PA 540.
The bill was read a second time.
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 5082, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 686 (MCL 168.686), as amended by 2003 PA 284.
The bill was read a second time.
Rep. Drolet moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5704, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 312 and 646a (MCL 168.312 and 168.646a), section 312 as amended by 2005 PA 71 and section 646a as amended by 2004 PA 295.
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.
House Bill No. 4228, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 495, 500a, and 759 (MCL 168.495, 168.500a, and 168.759), sections 495 and 500a as amended by 1995 PA 87 and section 759 as amended by 1995 PA 261.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on House Oversight, Elections, and Ethics,
The substitute (H-3) was not adopted, a majority of the members serving not 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.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4228, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 495, 500a, and 759 (MCL 168.495, 168.500a, and 168.759), sections 495 and 500a as amended by 1995 PA 87 and section 759 as amended by 1995 PA 261.
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.
Second Reading of Bills
Senate Bill No. 462, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 737a (MCL 168.737a), as added by 1996 PA 461.
The bill was read a second time.
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Pastor moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
Rep. Hood moved that Reps. Lipsey and Tobocman be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4566, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 411 (MCL 339.411), as amended by 2004 PA 373.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 110 Yeas--97
Accavitti Emmons Law, David Rocca
Acciavatti Espinoza Law, Kathleen Sak
Adamini Farhat Leland Schuitmaker
Amos Farrah Marleau Shaffer
Anderson Gaffney McDowell Sheen
Angerer Garfield Meisner Smith, Alma
Ball Gillard Meyer Smith, Virgil
Baxter Gleason Miller Spade
Bennett Gonzales Moolenaar Stahl
Bieda Gosselin Moore Stakoe
Brandenburg Green Mortimer Steil
Brown Hansen Murphy Stewart
Byrnes Hildenbrand Newell Taub
Byrum Hood Nitz Vagnozzi
Casperson Hoogendyk Nofs Van Regenmorter
Caswell Hopgood Palmer Vander Veen
Caul Huizenga Palsrok Walker
Clack Hummel Pastor Ward
Clemente Hune Pavlov Waters
Condino Jones Pearce Wenke
Cushingberry Kahn Plakas Whitmer
Dillon Kolb Polidori Williams
Donigan Kooiman Proos Wojno
Drolet LaJoy Robertson Zelenko
Elsenheimer
Nays--1
Sheltrown
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.
House Bill No. 4259, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2155.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 111 Yeas--99
Accavitti Elsenheimer Law, David Sak
Acciavatti Emmons Law, Kathleen Schuitmaker
Adamini Espinoza Leland Shaffer
Amos Farhat Marleau Sheen
Anderson Farrah McDowell Sheltrown
Angerer Gaffney Meisner Smith, Alma
Ball Garfield Meyer Smith, Virgil
Baxter Gillard Miller Spade
Bennett Gleason Moolenaar Stahl
Bieda Gonzales Moore Stakoe
Brandenburg Gosselin Mortimer Steil
Brown Green Murphy Stewart
Byrnes Hansen Newell Taub
Byrum Hildenbrand Nitz Vagnozzi
Casperson Hood Nofs Van Regenmorter
Caswell Hoogendyk Palmer Vander Veen
Caul Hopgood Palsrok Walker
Clack Huizenga Pastor Ward
Clemente Hummel Pavlov Waters
Condino Hune Pearce Wenke
Cushingberry Jones Plakas Whitmer
DeRoche Kahn Polidori Williams
Dillon Kolb Proos Wojno
Donigan Kooiman Robertson Zelenko
Drolet LaJoy Rocca
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.
Senate Bill No. 1024, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 540 (MCL 750.540).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 112 Yeas--99
Accavitti Elsenheimer Law, David Sak
Acciavatti Emmons Law, Kathleen Schuitmaker
Adamini Espinoza Leland Shaffer
Amos Farhat Marleau Sheen
Anderson Farrah McDowell Sheltrown
Angerer Gaffney Meisner Smith, Alma
Ball Garfield Meyer Smith, Virgil
Baxter Gillard Miller Spade
Bennett Gleason Moolenaar Stahl
Bieda Gonzales Moore Stakoe
Brandenburg Gosselin Mortimer Steil
Brown Green Murphy Stewart
Byrnes Hansen Newell Taub
Byrum Hildenbrand Nitz Vagnozzi
Casperson Hood Nofs Van Regenmorter
Caswell Hoogendyk Palmer Vander Veen
Caul Hopgood Palsrok Walker
Clack Huizenga Pastor Ward
Clemente Hummel Pavlov Waters
Condino Hune Pearce Wenke
Cushingberry Jones Plakas Whitmer
DeRoche Kahn Polidori Williams
Dillon Kolb Proos Wojno
Donigan Kooiman Robertson Zelenko
Drolet LaJoy Rocca
Nays--0
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, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,"
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.
House Bill No. 5744, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 114 and 114a (MCL 330.1114 and 330.1114a), section 114 as amended and section 114a as added by 1995 PA 290.
(The bill was read a third time and postponed temporarily on March 1, see House Journal No. 21, p. 335.)
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. 113 Yeas--56
Acciavatti Garfield Marleau Robertson
Amos Gosselin Meyer Schuitmaker
Ball Green Moolenaar Shaffer
Baxter Hansen Moore Sheen
Brandenburg Hildenbrand Mortimer Stahl
Casperson Hoogendyk Newell Stakoe
Caswell Huizenga Nitz Steil
Caul Hummel Nofs Stewart
DeRoche Hune Palmer Taub
Drolet Jones Palsrok Van Regenmorter
Elsenheimer Kahn Pastor Vander Veen
Emmons Kooiman Pavlov Walker
Farhat LaJoy Pearce Ward
Gaffney Law, David Proos Wenke
Nays--45
Accavitti Cushingberry Law, Kathleen Sheltrown
Adamini Dillon Leland Smith, Alma
Anderson Donigan Lipsey Smith, Virgil
Angerer Espinoza McDowell Spade
Bennett Farrah Meisner Tobocman
Bieda Gillard Miller Vagnozzi
Brown Gleason Murphy Waters
Byrnes Gonzales Plakas Whitmer
Byrum Hood Polidori Williams
Clack Hopgood Rocca Wojno
Clemente Kolb Sak Zelenko
Condino
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.
House Bill No. 5745, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2233 (MCL 333.2233), as amended by 1996 PA 67.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 114 Yeas--56
Acciavatti Garfield Marleau Robertson
Amos Gosselin Meyer Schuitmaker
Ball Green Moolenaar Shaffer
Baxter Hansen Moore Sheen
Brandenburg Hildenbrand Mortimer Stahl
Casperson Hoogendyk Newell Stakoe
Caswell Huizenga Nitz Steil
Caul Hummel Nofs Stewart
DeRoche Hune Palmer Taub
Drolet Jones Palsrok Van Regenmorter
Elsenheimer Kahn Pastor Vander Veen
Emmons Kooiman Pavlov Walker
Farhat LaJoy Pearce Ward
Gaffney Law, David Proos Wenke
Nays--45
Accavitti Cushingberry Law, Kathleen Sheltrown
Adamini Dillon Leland Smith, Alma
Anderson Donigan Lipsey Smith, Virgil
Angerer Espinoza McDowell Spade
Bennett Farrah Meisner Tobocman
Bieda Gillard Miller Vagnozzi
Brown Gleason Murphy Waters
Byrnes Gonzales Plakas Whitmer
Byrum Hood Polidori Williams
Clack Hopgood Rocca Wojno
Clemente Kolb Sak Zelenko
Condino
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.
Senate Bill No. 1026, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 32 (MCL 24.232).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 115 Yeas--56
Acciavatti Garfield Marleau Robertson
Amos Gosselin Meyer Schuitmaker
Ball Green Moolenaar Shaffer
Baxter Hansen Moore Sheen
Brandenburg Hildenbrand Mortimer Stahl
Casperson Hoogendyk Newell Stakoe
Caswell Huizenga Nitz Steil
Caul Hummel Nofs Stewart
DeRoche Hune Palmer Taub
Drolet Jones Palsrok Van Regenmorter
Elsenheimer Kahn Pastor Vander Veen
Emmons Kooiman Pavlov Walker
Farhat LaJoy Pearce Ward
Gaffney Law, David Proos Wenke
Nays--45
Accavitti Cushingberry Law, Kathleen Sheltrown
Adamini Dillon Leland Smith, Alma
Anderson Donigan Lipsey Smith, Virgil
Angerer Espinoza McDowell Spade
Bennett Farrah Meisner Tobocman
Bieda Gillard Miller Vagnozzi
Brown Gleason Murphy Waters
Byrnes Gonzales Plakas Whitmer
Byrum Hood Polidori Williams
Clack Hopgood Rocca Wojno
Clemente Kolb Sak Zelenko
Condino
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 provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,"
The House agreed to the full title.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 116 Yeas--57
Acciavatti Gosselin Meyer Rocca
Amos Green Moolenaar Schuitmaker
Ball Hansen Moore Shaffer
Baxter Hildenbrand Mortimer Sheen
Brandenburg Hoogendyk Newell Stahl
Casperson Huizenga Nitz Stakoe
Caswell Hummel Nofs Steil
Caul Hune Palmer Stewart
DeRoche Jones Palsrok Taub
Drolet Kahn Pastor Van Regenmorter
Elsenheimer Kooiman Pavlov Vander Veen
Emmons LaJoy Pearce Walker
Farhat Law, David Proos Ward
Gaffney Marleau Robertson Wenke
Garfield
Nays--44
Accavitti Condino Kolb Sheltrown
Adamini Cushingberry Law, Kathleen Smith, Alma
Anderson Dillon Leland Smith, Virgil
Angerer Donigan Lipsey Spade
Bennett Espinoza McDowell Tobocman
Bieda Farrah Meisner Vagnozzi
Brown Gillard Miller Waters
Byrnes Gleason Murphy Whitmer
Byrum Gonzales Plakas Williams
Clack Hood Polidori Wojno
Clemente Hopgood Sak Zelenko
In The Chair: Kooiman
Senate Bill No. 1027, entitled
A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending section 10 (MCL 400.710), as amended by 1986 PA 257.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 117 Yeas--56
Acciavatti Garfield Marleau Robertson
Amos Gosselin Meyer Schuitmaker
Ball Green Moolenaar Shaffer
Baxter Hansen Moore Sheen
Brandenburg Hildenbrand Mortimer Stahl
Casperson Hoogendyk Newell Stakoe
Caswell Huizenga Nitz Steil
Caul Hummel Nofs Stewart
DeRoche Hune Palmer Taub
Drolet Jones Palsrok Van Regenmorter
Elsenheimer Kahn Pastor Vander Veen
Emmons Kooiman Pavlov Walker
Farhat LaJoy Pearce Ward
Gaffney Law, David Proos Wenke
Nays--45
Accavitti Cushingberry Law, Kathleen Sheltrown
Adamini Dillon Leland Smith, Alma
Anderson Donigan Lipsey Smith, Virgil
Angerer Espinoza McDowell Spade
Bennett Farrah Meisner Tobocman
Bieda Gillard Miller Vagnozzi
Brown Gleason Murphy Waters
Byrnes Gonzales Plakas Whitmer
Byrum Hood Polidori Williams
Clack Hopgood Rocca Wojno
Clemente Kolb Sak Zelenko
Condino
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 provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of social services and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts,"
The House agreed to the full title.
Rep. Ward moved that Senate Bill No. 1026 be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 1028, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 1 and 6 (MCL 400.1 and 400.6), as amended by 1995 PA 223.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 118 Yeas--56
Acciavatti Garfield Marleau Robertson
Amos Gosselin Meyer Schuitmaker
Ball Green Moolenaar Shaffer
Baxter Hansen Moore Sheen
Brandenburg Hildenbrand Mortimer Stahl
Casperson Hoogendyk Newell Stakoe
Caswell Huizenga Nitz Steil
Caul Hummel Nofs Stewart
DeRoche Hune Palmer Taub
Drolet Jones Palsrok Van Regenmorter
Elsenheimer Kahn Pastor Vander Veen
Emmons Kooiman Pavlov Walker
Farhat LaJoy Pearce Ward
Gaffney Law, David Proos Wenke
Nays--45
Accavitti Cushingberry Law, Kathleen Sheltrown
Adamini Dillon Leland Smith, Alma
Anderson Donigan Lipsey Smith, Virgil
Angerer Espinoza McDowell Spade
Bennett Farrah Meisner Tobocman
Bieda Gillard Miller Vagnozzi
Brown Gleason Murphy Waters
Byrnes Gonzales Plakas Whitmer
Byrum Hood Polidori Williams
Clack Hopgood Rocca Wojno
Clemente Kolb Sak Zelenko
Condino
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 protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,"
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
The House returned to the consideration of
Senate Bill No. 728, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 9201, 9204, 9207, and 9227 (MCL 333.9201, 333.9204, 333.9207, and 333.9227), sections 9201 and 9227 as amended and section 9207 as added by 1996 PA 540.
(The bill was considered earlier today, see today's Journal, p. 357.)
Rep. Vander Veen moved to amend the bill as follows:
1. Amend page 3, following line 2, by inserting:
"(3) UPON RECEIPT OF A WRITTEN REQUEST FROM AN INDIVIDUAL WHO IS 20 YEARS OF AGE OR OLDER, THE DEPARTMENT SHALL MAKE ANY IMMUNIZATION INFORMATION IN THE REGISTRY PERTAINING TO THAT INDIVIDUAL INACCESSIBLE. THE WRITTEN REQUEST SHALL BE IN A FORM PRESCRIBED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT.".
The motion prevailed and the amendment 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.
By unanimous consent the House returned to the order of
Third Reading of Bills
Rep. Ward moved that Senate Bill No. 1027 be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
The House returned to the consideration of
Senate Bill No. 462, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 737a (MCL 168.737a), as added by 1996 PA 461.
(The bill was considered earlier today, see today's Journal, p. 358.)
Rep. Brown moved to amend the bill as follows:
1. Amend page 1, line 7, after "the" by striking "TUESDAY" and by inserting "SECOND Friday".
The motion prevailed and the amendment 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.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5043, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 540 (MCL 750.540).
(The bill was received from the Senate on February 14, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 15, see House Journal No. 14, p. 223.)
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. 119 Yeas--101
Accavitti Emmons Law, Kathleen Sak
Acciavatti Espinoza Leland Schuitmaker
Adamini Farhat Lipsey Shaffer
Amos Farrah Marleau Sheen
Anderson Gaffney McDowell Sheltrown
Angerer Garfield Meisner Smith, Alma
Ball Gillard Meyer Smith, Virgil
Baxter Gleason Miller Spade
Bennett Gonzales Moolenaar Stahl
Bieda Gosselin Moore Stakoe
Brandenburg Green Mortimer Steil
Brown Hansen Murphy Stewart
Byrnes Hildenbrand Newell Taub
Byrum Hood Nitz Tobocman
Casperson Hoogendyk Nofs Vagnozzi
Caswell Hopgood Palmer Van Regenmorter
Caul Huizenga Palsrok Vander Veen
Clack Hummel Pastor Walker
Clemente Hune Pavlov Ward
Condino Jones Pearce Waters
Cushingberry Kahn Plakas Wenke
DeRoche Kolb Polidori Whitmer
Dillon Kooiman Proos Williams
Donigan LaJoy Robertson Wojno
Drolet Law, David Rocca Zelenko
Elsenheimer
Nays--0
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. 5044, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16z of chapter XVII (MCL 777.16z), as amended by 2004 PA 157.
(The bill was received from the Senate on February 14, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 15, see House Journal No. 14, p. 223.)
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. 120 Yeas--101
Accavitti Emmons Law, Kathleen Sak
Acciavatti Espinoza Leland Schuitmaker
Adamini Farhat Lipsey Shaffer
Amos Farrah Marleau Sheen
Anderson Gaffney McDowell Sheltrown
Angerer Garfield Meisner Smith, Alma
Ball Gillard Meyer Smith, Virgil
Baxter Gleason Miller Spade
Bennett Gonzales Moolenaar Stahl
Bieda Gosselin Moore Stakoe
Brandenburg Green Mortimer Steil
Brown Hansen Murphy Stewart
Byrnes Hildenbrand Newell Taub
Byrum Hood Nitz Tobocman
Casperson Hoogendyk Nofs Vagnozzi
Caswell Hopgood Palmer Van Regenmorter
Caul Huizenga Palsrok Vander Veen
Clack Hummel Pastor Walker
Clemente Hune Pavlov Ward
Condino Jones Pearce Waters
Cushingberry Kahn Plakas Wenke
DeRoche Kolb Polidori Whitmer
Dillon Kooiman Proos Williams
Donigan LaJoy Robertson Wojno
Drolet Law, David Rocca Zelenko
Elsenheimer
Nays--0
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Sak, Accavitti, Adamini, Anderson, Bieda, Brandenburg, Brown, Byrnes, Caul, Clack, Condino, Cushingberry, Dillon, Donigan, Emmons, Farhat, Farrah, Garfield, Gillard, Gleason, Green, Hansen, Hildenbrand, Hood, Hopgood, Jones, Kolb, Kooiman, LaJoy, Kathleen Law, Leland, Lipsey, Marleau, McDowell, Meisner, Meyer, Miller, Mortimer, Nofs, Palmer, Pearce, Plakas, Polidori, Proos, Rocca, Shaffer, Sheltrown, Alma Smith, Spade, Stewart, Taub, Tobocman, Vagnozzi, Vander Veen, Walker, Waters and Zelenko offered the following resolution:
House Resolution No. 203.
A resolution proclaiming March 2, 2006, as "Reps. Read Across Michigan Day."
Whereas, The members of the Michigan House of Representatives are dedicated to providing a quality education to all children in Michigan; and
Whereas, The citizens of Michigan recognize reading as fundamental to children's education; and
Whereas, Research shows that children who read regularly, especially with adults, have greater success in schools; and
Whereas, Reading is essential to everyday life, both inside and outside of the classroom; and
Whereas, Reading can open doors and allow children to explore the entire world and beyond; and
Whereas, Reading is a cornerstone to building productive, contributing citizens; and
Whereas, Theodor Geisel, also known as Dr. Seuss, is a beloved children's author who has written 137 children's books and whose use of rhyme makes his books an effective tool for teaching young children the basic skills they need to be successful readers; and
Whereas, "Read Across America" a national celebration of Dr. Seuss's 102nd birthday on March 2nd, promotes reading and adult involvement in the education of our students; and
Whereas, The Michigan House of Representatives recognizes and promotes the importance of community and parental involvement in every child's success in school; and
Whereas, The Michigan House of Representatives is committed to making Michigan's children, and America's children, the best readers in the world; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body proclaim March 2, 2006, as "Reps. Read Across Michigan Day."
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.
Reports of Standing Committees
The Committee on Local Government and Urban Policy, by Rep. Stakoe, Chair, reported
Senate Bill No. 372, entitled
A bill to allow for the review, oversight, and providing of recommendations regarding the operation of certain water and sewer systems within this state; to create the water accountability advisory board; and to provide for the powers and duties of certain governmental officials and entities.
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, Van Regenmorter, Robertson, Nitz, Baxter and Schuitmaker
Nays: Reps. Accavitti, Donigan, Vagnozzi and Virgil Smith
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: Wednesday, March 1, 2006
Present: Reps. Stakoe, Elsenheimer, Van Regenmorter, Robertson, Nitz, Baxter, Schuitmaker, Accavitti, Donigan, Vagnozzi and Virgil Smith
The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported
Senate Bill No. 506, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3101 (MCL 324.3101), as amended by 2004 PA 142, and by adding section 3109c.
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. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Kathleen Law, Bennett and Donigan
Nays: None
The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported
House Resolution No. 158.
A resolution to urge the Federal Emergency Management Agency to reject proposed revisions to floodplain elevation thresholds in St. Clair County.
(For text of resolution, see House Journal No. 103 of 2005, p. 2288.)
With the recommendation that the resolution be adopted.
The resolution was laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Elsenheimer, Moore, Pearce, Miller, Byrnes, Kathleen Law, Bennett and Donigan
Nays: Rep. Gillard
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palsrok, Chair, of the Committee on Natural Resources, Great Lakes, Land Use, and Environment, was received and read:
Meeting held on: Thursday, March 2, 2006
Present: Reps. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Kathleen Law, Bennett and Donigan
Absent: Rep. Ward
Excused: Rep. Ward
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Stahl, Chair, of the Committee on Family and Children Services, was received and read:
Meeting held on: Wednesday, March 1, 2006
Present: Reps. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, March 2, for her approval of the following bills:
Enrolled House Bill No. 4893 at 10:30 a.m.
Enrolled House Bill No. 5624 at 10:32 a.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, March 2:
House Bill Nos. 5769 5770 5771 5772 5773 5774 5775 5776 5777 5778 5779 5780 5781 5782 5783 5784 5785 5786 5787 5788 5789 5790 5791 5792 5793 5794 5795 5796 5797 5798 5799 5800 5801 5802 5803 5804 5805 5806 5807 5808 5809 5810 5811 5812
Senate Bill Nos. 1105 1106
The Clerk announced that the following Senate bills had been received on Thursday, March 2:
Senate Bill Nos. 868 870 872 875 908
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5315, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 735 (MCL 450.1735), as amended by 1997 PA 118.
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. 5316, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 823 (MCL 450.1823), as amended by 1989 PA 121.
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. 5317, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 611 (MCL 450.1611), as amended by 1997 PA 118.
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. 5318, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 528 (MCL 450.1528), as amended by 1997 PA 118.
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. 5319, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 441 (MCL 450.1441), as amended by 1989 PA 121.
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. 5320, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 442 (MCL 450.1442).
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. 5321, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 143 (MCL 450.1143), as amended by 2001 PA 57.
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. 5323, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending sections 106, 261, and 489 (MCL 450.1106, 450.1261, and 450.1489), sections 106 and 489 as amended by 2001 PA 57 and section 261 as amended by 1993 PA 91.
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.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Natural Resources, Great Lakes, Land Use, and Environment from further consideration of House Bill No. 5773.
Rep. Kathleen Law
Introduction of Bills
Rep. Ward introduced
House Bill No. 5813, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 381 (MCL 168.381), as amended by 2005 PA 71.
The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.
Reps. Booher, Jones, Shaffer, Moore, Ward, Sheltrown, Hansen, Stahl, Emmons, LaJoy, Marleau and Farhat introduced
House Bill No. 5814, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 2152, 2153, and 2154 (MCL 324.2152, 324.2153, and 324.2154), section 2152 as added by 1995 PA 60 and sections 2153 and 2154 as amended by 2004 PA 513.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Pavlov, Sheltrown, Gaffney, Vander Veen, Emmons and Acciavatti introduced
House Bill No. 5815, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section2264a.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Pavlov, Sheltrown, Gaffney, Vander Veen, Emmons and Acciavatti introduced
House Bill No. 5816, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 409a.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Tobocman, Drolet, Jones, Gosselin, Stahl, Brandenburg, Baxter, Elsenheimer, Mortimer, Rocca, Lipsey and Acciavatti introduced
House Bill No. 5817, entitled
A bill to amend 1965 PA 40, entitled "An act to authorize and require public agencies to pay allowances for the expense of moving personal property from real property acquired for public purposes," by amending section 2 (MCL 213.352), as amended by 1991 PA 21.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Drolet, Jones, Gosselin, Tobocman, Stahl, Brandenburg, Baxter, Elsenheimer, Rocca, Mortimer, Huizenga, Acciavatti and Lipsey introduced
House Bill No. 5818, entitled
A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 16 (MCL 213.66), as amended by 1996 PA 474.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Garfield, Drolet, Green, Jones, Gosselin, Tobocman, Stahl, Brandenburg, Baxter, Elsenheimer, Rocca, Mortimer, Huizenga, Lipsey and Acciavatti introduced
House Bill No. 5819, entitled
A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 9 (MCL 213.59), as amended by 1996 PA 474.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Lemmons, III, Drolet, Jones, Gosselin, Tobocman, Stahl, Brandenburg, Baxter, Elsenheimer, Rocca, Mortimer, Huizenga, Lipsey and Acciavatti introduced
House Bill No. 5820, entitled
A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 8 (MCL 213.58), as amended by 1996 PA 474.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. McConico, Tobocman, Drolet, Green, Gosselin, Stahl, Brandenburg, Baxter, Elsenheimer, Mortimer, Rocca, Huizenga, Lipsey, Acciavatti and Jones introduced
House Bill No. 5821, entitled
A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 5 (MCL 213.55), as amended by 1996 PA 474.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Jones, Schuitmaker, Moore, David Law, Kahn, Shaffer, Newell, Accavitti, Kooiman, Moolenaar, Booher, Stahl, Taub, Hansen, Proos, Pearce and Polidori introduced
House Bill No. 5822, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 7340.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Van Regenmorter and David Law introduced
House Bill No. 5823, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 49, 159j, and 535a (MCL 750.49, 750.159j, and 750.535a), section 49 as amended by 1998 PA 38, section 159j as added by 1995 PA 187, and section 535a as amended by 1999 PA 185.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. David Law introduced
House Bill No. 5824, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7523 (MCL 333.7523), as amended by 1990 PA 336.
The bill was read a first time by its title and referred to the Committee on Judiciary.
By unanimous consent the House returned to the order of
Third Reading of Bills
The House returned to the consideration of
House Bill No. 4228, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 495, 500a, and 759 (MCL 168.495,168.500a, and 168.759), sections 495 and 500a as amended by 1995 PA 87 and section 759 as amended by 1995 PA 261.
(The bill was considered earlier today, see today's Journal p. 357.)
The question being on the passage of the bill,
Rep. Ward moved to amend the bill as follows:
1. Amend page 4, following line 19, by inserting:
"SEC. 502A. (1) THE CLERK OF EACH CITY, TOWNSHIP, OR VILLAGE SHALL CREATE AN INACTIVE VOTER FILE.
(2) IF A VOTER FAILS TO VOTE IN MORE THAN 5 CONSECUTIVE ELECTIONS THAT INCLUDE AT LEAST 2 GENERAL NOVEMBER ELECTIONS, THEN THE CITY, TOWNSHIP, OR VILLAGE CLERK SHALL PLACE THAT VOTER ON THE INACTIVE VOTER LIST.
(3) IF A VOTER WHO IS PLACED ON AN INACTIVE VOTER LIST WISHES TO VOTE AT AN ELECTION, THAT VOTER SHALL BE ISSUED A PROVISIONAL BALLOT THAT SHALL BE PROCESSED ACCORDING TO SECTION 523A.".
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Ward moved to amend the bill as follows:
1. Amend page 4, following line 19, by inserting:
"SEC. 511. THE SECRETARY OF STATE EVERY 6 MONTHS SHALL SEARCH THE QUALIFIED VOTER FILE AND REMOVE THE VOTER REGISTRATION INFORMATION OF ALL DECEASED ELECTORS.".
The motion was seconded.
The question being on the adoption of the amendment offered by Rep. Ward,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Ward,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 121 Yeas--89
Accavitti Emmons Leland Shaffer
Acciavatti Espinoza Marleau Sheen
Amos Farhat McDowell Sheltrown
Anderson Farrah Meyer Smith, Alma
Angerer Gaffney Moolenaar Smith, Virgil
Ball Garfield Moore Spade
Baxter Gleason Mortimer Stahl
Bennett Gonzales Newell Stakoe
Bieda Gosselin Nitz Steil
Brandenburg Green Nofs Stewart
Byrnes Hansen Palmer Taub
Casperson Hildenbrand Palsrok Tobocman
Caswell Hoogendyk Pastor Vagnozzi
Caul Hopgood Pavlov Van Regenmorter
Clack Huizenga Pearce Vander Veen
Clemente Hummel Plakas Walker
Condino Hune Polidori Ward
Cushingberry Jones Proos Waters
DeRoche Kahn Robertson Wenke
Dillon Kooiman Rocca Williams
Donigan LaJoy Sak Wojno
Drolet Law, David Schuitmaker Zelenko
Elsenheimer
Nays--6
Adamini Meisner Murphy Whitmer
Brown Miller
In The Chair: Kooiman
The question being on the passage of the bill,
Rep. Ward moved to amend the bill as follows:
1. Amend page 4, following line 19, by inserting:
"SEC. 511A. THE SECRETARY OF STATE EVERY 6 MONTHS SHALL REVIEW THE CITIZENSHIP OF EACH REGISTERED ELECTOR IN THE QUALIFIED VOTER FILE AND REMOVE THE VOTER REGISTRATION INFORMATION FOR ANY REGISTERED VOTER WHO IS NOT A CITIZEN OF THE UNITED STATES.".
The motion was seconded.
The question being on the adoption of the amendment offered by Rep. Ward,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Ward,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 122 Yeas--74
Accavitti Emmons Marleau Sak
Acciavatti Espinoza McDowell Schuitmaker
Amos Farhat Meyer Shaffer
Anderson Gaffney Miller Sheen
Angerer Garfield Moolenaar Sheltrown
Ball Gosselin Moore Spade
Baxter Green Mortimer Stahl
Bennett Hansen Newell Stakoe
Bieda Hildenbrand Nitz Steil
Brandenburg Hoogendyk Nofs Stewart
Byrnes Huizenga Palmer Taub
Casperson Hummel Palsrok Vagnozzi
Caswell Hune Pastor Van Regenmorter
Caul Jones Pavlov Vander Veen
Clemente Kahn Pearce Walker
DeRoche Kooiman Proos Ward
Dillon LaJoy Robertson Wenke
Drolet Law, David Rocca Wojno
Elsenheimer Law, Kathleen
Nays--26
Adamini Farrah Leland Smith, Virgil
Brown Gillard Meisner Tobocman
Byrum Gleason Murphy Waters
Clack Gonzales Plakas Whitmer
Condino Hood Polidori Williams
Cushingberry Hopgood Smith, Alma Zelenko
Donigan Kolb
In The Chair: Kooiman
The question being on the passage of the bill,
Rep. Ward moved to amend the bill as follows:
1. Amend page 4, following line 19, by inserting:
"SEC. 511B. AT LEAST ONCE A MONTH, THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS OR HIS OR HER DESIGNEE SHALL SEND TO THE SECRETARY OF STATE A LIST OF ALL FELONS CONFINED TO A PRISON IN THIS STATE. THE SECRETARY OF STATE SHALL REVIEW THE QUALIFIED VOTER FILE AND REMOVE THE VOTER REGISTRATION INFORMATION FOR ANY ELECTOR ON THE LIST PROVIDED BY THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS OR HIS OR HER DESIGNEE. THE SECRETARY OF STATE SHALL SEND THIS INFORMATION TO THE APPROPRIATE CITY, TOWNSHIP, OR VILLAGE CLERK, WHO SHALL REMOVE THE ELECTOR FROM THE CITY, TOWNSHIP, OR VILLAGE VOTER REGISTRATION RECORDS.".
The motion was seconded.
The question being on the adoption of the amendment offered by Rep. Ward,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Ward,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 123 Yeas--100
Accavitti Elsenheimer Law, David Sak
Acciavatti Emmons Law, Kathleen Schuitmaker
Adamini Espinoza Leland Shaffer
Amos Farhat Marleau Sheen
Anderson Farrah McDowell Sheltrown
Angerer Gaffney Meisner Smith, Alma
Ball Garfield Meyer Smith, Virgil
Baxter Gillard Miller Spade
Bennett Gleason Moolenaar Stahl
Bieda Gonzales Moore Stakoe
Brandenburg Gosselin Mortimer Steil
Brown Green Murphy Stewart
Byrnes Hansen Newell Taub
Byrum Hildenbrand Nitz Tobocman
Casperson Hood Nofs Vagnozzi
Caswell Hoogendyk Palmer Van Regenmorter
Caul Hopgood Palsrok Vander Veen
Clack Huizenga Pastor Walker
Clemente Hummel Pavlov Ward
Condino Hune Pearce Waters
Cushingberry Jones Plakas Wenke
DeRoche Kahn Polidori Whitmer
Dillon Kolb Proos Williams
Donigan Kooiman Robertson Wojno
Drolet LaJoy Rocca Zelenko
Nays--1
Lipsey
In The Chair: Kooiman
The question being on the passage of the bill,
Rep. Ward moved to amend the bill as follows:
1. Amend page 10, following line 20, by inserting:
"SEC. 759C. (1) UNLESS A CITY, TOWNSHIP, OR VILLAGE CLERK RECEIVES A REQUEST FROM A QUALIFIED AND REGISTERED ELECTOR FOR AN ABSENT VOTER BALLOT APPLICATION UNDER SECTION 759(5), THE CLERK SHALL NOT FURNISH AN ABSENT VOTER BALLOT APPLICATION TO THE QUALIFIED AND REGISTERED ELECTOR.
(2) A REQUEST FROM A QUALIFIED AND REGISTERED ELECTOR FOR AN ABSENT VOTER BALLOT APPLICATION UNDER SECTION 759(5) IS CONSIDERED A REQUEST FOR AN ABSENT VOTER BALLOT APPLICATION FOR ALL ELECTIONS INDICATED BY THE ELECTOR.
(3) A STATE OR LOCAL ELECTION OFFICIAL MAY FURNISH A FORM TO A QUALIFIED AND REGISTERED ELECTOR FOR THE PURPOSE OF REQUESTING AN ABSENT VOTER BALLOT APPLICATION. THE SECRETARY OF STATE SHALL PRESCRIBE THE FORM FOR REQUESTING AN ABSENT VOTER BALLOT APPLICATION UNDER THIS SUBSECTION.
(4) THE SECRETARY OF STATE SHALL SEND THE FORM DESCRIBED IN SUBSECTION (3) TO EACH QUALIFIED AND REGISTERED ELECTOR IN THIS STATE FOR THE PURPOSE OF DETERMINING WHETHER THE ELECTOR WANTS TO BE PLACED ON A PERMANENT ABSENT VOTER LIST. THE SECRETARY OF STATE SHALL SEND THE INFORMATION RECEIVED UNDER THIS SUBSECTION TO THE APPROPRIATE CITY, TOWNSHIP, OR VILLAGE CLERK, WHO SHALL PREPARE A PERMANENT ABSENT VOTER LIST FOR THE CITY, TOWNSHIP, OR VILLAGE.
(5) IF AN ELECTOR FAILS TO RESPOND TO THE FORM SENT BY THE SECRETARY OF STATE UNDER SUBSECTION (4) OR IF A FORM IS RETURNED TO THE SECRETARY OF STATE AS UNDELIVERABLE, THAT ELECTOR SHALL BE PLACED ON AN INACTIVE VOTER LIST. THE SECRETARY OF STATE SHALL SEND THIS INFORMATION TO THE APPROPRIATE CITY, TOWNSHIP, OR VILLAGE CLERK, WHO SHALL PREPARE AN INACTIVE VOTER LIST FOR THE CITY, TOWNSHIP, OR VILLAGE.".
The motion was seconded.
The question being on the adoption of the amendment offered by Rep. Ward,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Ward,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 124 Yeas--61
Acciavatti Gosselin Moolenaar Schuitmaker
Amos Green Moore Shaffer
Ball Hansen Mortimer Sheen
Baxter Hildenbrand Newell Sheltrown
Brandenburg Hoogendyk Nitz Spade
Casperson Huizenga Nofs Stahl
Caswell Hummel Palmer Stakoe
Caul Hune Palsrok Steil
DeRoche Jones Pastor Stewart
Drolet Kahn Pavlov Taub
Elsenheimer Kooiman Pearce Van Regenmorter
Emmons LaJoy Proos Vander Veen
Espinoza Law, David Robertson Walker
Farhat Marleau Rocca Ward
Gaffney Meyer Sak Wenke
Garfield
Nays--40
Accavitti Clemente Hopgood Polidori
Adamini Condino Kolb Smith, Alma
Anderson Cushingberry Law, Kathleen Smith, Virgil
Angerer Dillon Leland Tobocman
Bennett Donigan Lipsey Vagnozzi
Bieda Farrah McDowell Waters
Brown Gillard Meisner Whitmer
Byrnes Gleason Miller Williams
Byrum Gonzales Murphy Wojno
Clack Hood Plakas Zelenko
In The Chair: Kooiman
______
Rep. Cushingberry, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted no because a simple clarifying amendment that would allow local clerks the ability to mail requests for absentee ballots would make more sense. By establishing this system under the current regime in the Secretary of State's office with their partisan usage of the various enforcement powers, lack of sound judgment with their unequal distribution of federal grant funds, and failure to reach consensus with significant local voting officials leaves me no choice but to vote no on this amendment.
Clearly, local clerks are the best persons to send applications, keep lists, cleanup the problems with the various lists, and maintain contact with the people who ultimately are their charges, the residents of their local communities.
How disingenuous this amendment and bill are in conveying a message that we are acting to correct problems - we are creating greater problems by assigning the function to 'Big Sister', who loses paperwork and blames others, picks scraps with local officials and tries to hide her hand, and has failed to do anything in this area except try to increase her own fiefdom through further partisan featherbedding and then white mail to increase appropriations. That's why I voted no on this amendment - it is bad precedent and there is no result that can come from this amendment but negative."
The question being on the passage of the bill,
Rep. Ward moved to amend the bill as follows:
1. Amend page 1, line 1, by striking out all of section 495.
2. Amend page 2, line 25, by striking out all of section 500a.
3. Amend page 4, line 20, by striking out all of section 759.
The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.
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. 125 Yeas--70
Acciavatti Espinoza Marleau Rocca
Amos Farhat McDowell Sak
Anderson Gaffney Meyer Schuitmaker
Angerer Garfield Moolenaar Shaffer
Ball Gosselin Moore Sheen
Baxter Green Mortimer Sheltrown
Brandenburg Hansen Newell Spade
Brown Hildenbrand Nitz Stahl
Byrnes Hoogendyk Nofs Stakoe
Casperson Huizenga Palmer Steil
Caswell Hummel Palsrok Stewart
Caul Hune Pastor Taub
Clemente Jones Pavlov Van Regenmorter
DeRoche Kahn Pearce Vander Veen
Dillon Kooiman Polidori Walker
Drolet LaJoy Proos Ward
Elsenheimer Law, David Robertson Wenke
Emmons Law, Kathleen
Nays--31
Accavitti Donigan Leland Tobocman
Adamini Farrah Lipsey Vagnozzi
Bennett Gillard Meisner Waters
Bieda Gleason Miller Whitmer
Byrum Gonzales Murphy Williams
Clack Hood Plakas Wojno
Condino Hopgood Smith, Alma Zelenko
Cushingberry Kolb Smith, Virgil
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 1954 PA 116, entitled "Michigan election law," (MCL 168.1 to 168.992) by adding sections 502a, 511, 511a, 511b, and 759c.
The motion prevailed.
The House agreed to the title as amended.
______
Rep. Cushingberry, 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:
This bill is not the bill that it purports to be. With the amendments it totally makes the wrong turn from local control. The bill offered by the Representative in the 1st district is the wiser course.
As former Speaker of the United States House of Representatives Tip O'Neil once stated; 'all politics are local' and we are creating a statewide monster with the inaction of this bill. We should be giving the real tools and money to the locals not usurping them and creating further big government nightmares. This bill should simply allow anyone to apply and receive a absentee ballot, allow all local clerks to mail applications to their constituents, and give the local clerks the ability to check their communities lists thoroughly. This would be logical - but I guess I shouldn't expect logic or good sense."
Rep. Waters, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB 4228 upon its final passage because it is bad public policy. This bill takes power from local clerks and gives to the Lansing based Secretary of State. Local clerks have an excellent reputation for keeping voter records for their municipality. It robs governmental units of their local control.
HB 4228 also is a Headlee mandate by requiring the Director of Corrections (DOC) to provide a monthly felon list to Secretary of State."
Rep. Tobocman, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB 4228 on final passage because it is bad public policy. The media's exposure of less than 150 inaccurate votes among the millions of eligible voters is not reason for such drastic changes that will have a negative impact. Hundreds of thousands of voters have come to expect an absentee voter application in the mail and today's legislation will deprive them of that privilege. It will undoubtedly cause thousands of seniors to no longer vote.
Additionally, I am concerned that the requirement to remove felons who are locked in prison from the voting rolls (when they are already ineligible to vote), will disenfranchise former prisoners when they are let out. The bill does not prescribe a formal or systematic process to add these legitimate voters back to the rolls upon their release. The bill raises Headlee concerns by placing an unfunded requirement on the Director of the Department of Corrections.
Rather than concentrating on how to make voting more difficult, America needs to be focusing on how to expand participation. Rather than placing new encumbrances on the voting process, especially for our seniors, we should be working on strategies (like no reason absentee voting, mail-in voting, and internet voting) that expand participation in our democratic system. Indeed, isn't that, in part, what our soldiers are allegedly fighting and dying for in the Middle East."
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 4228 because certain amendments adopted minutes before the vote on final passage takes from local clerks and transfers it to the Michigan Secretary of State. We did not have the advantage of even knowing that the Michigan Secretary of State has the capability to take on this job, notwithstanding the concern that this would rob governmental units of their local control. The two communities that I represent, Warren and Sterling Heights, have had an excellent record in this regard, and I do not see HB 4228 as amended moments before final passage as offering any improvements. Thus, I voted 'no' on HB 4228."
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 126 Yeas--57
Acciavatti Gosselin Meyer Rocca
Amos Green Moolenaar Schuitmaker
Ball Hansen Moore Shaffer
Baxter Hildenbrand Mortimer Sheen
Brandenburg Hoogendyk Newell Stahl
Casperson Huizenga Nitz Stakoe
Caswell Hummel Nofs Steil
Caul Hune Palmer Stewart
DeRoche Jones Palsrok Taub
Drolet Kahn Pastor Van Regenmorter
Elsenheimer Kooiman Pavlov Vander Veen
Emmons LaJoy Pearce Walker
Farhat Law, David Proos Ward
Gaffney Marleau Robertson Wenke
Garfield
Nays--44
Accavitti Condino Kolb Sheltrown
Adamini Cushingberry Law, Kathleen Smith, Alma
Anderson Dillon Leland Smith, Virgil
Angerer Donigan Lipsey Spade
Bennett Espinoza McDowell Tobocman
Bieda Farrah Meisner Vagnozzi
Brown Gillard Miller Waters
Byrnes Gleason Murphy Whitmer
Byrum Gonzales Plakas Williams
Clack Hood Polidori Wojno
Clemente Hopgood Sak Zelenko
In The Chair: Kooiman
Second Reading of Bills
The House returned to the consideration of
House Bill No. 5606, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1280 (MCL 380.1280), as amended by 2003 PA 275, and by adding section 1278a; and to repeal acts and parts of acts.
(The bill was considered earlier today, see today's Journal, p. 356.)
The question being on the adoption of the substitute (H-8) offered previously by Rep. Hopgood,
Rep. Hopgood demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the substitute (H-8) offered previously by Rep. Hopgood,
The substitute (H-8) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 127 Yeas--44
Accavitti Condino Kolb Sheltrown
Adamini Cushingberry Law, Kathleen Smith, Alma
Anderson Dillon Leland Smith, Virgil
Angerer Donigan Lipsey Spade
Bennett Espinoza McDowell Tobocman
Bieda Farrah Meisner Vagnozzi
Brown Gillard Miller Waters
Byrnes Gleason Murphy Whitmer
Byrum Gonzales Plakas Williams
Clack Hood Polidori Wojno
Clemente Hopgood Sak Zelenko
Nays--57
Acciavatti Gosselin Meyer Rocca
Amos Green Moolenaar Schuitmaker
Ball Hansen Moore Shaffer
Baxter Hildenbrand Mortimer Sheen
Brandenburg Hoogendyk Newell Stahl
Casperson Huizenga Nitz Stakoe
Caswell Hummel Nofs Steil
Caul Hune Palmer Stewart
DeRoche Jones Palsrok Taub
Drolet Kahn Pastor Van Regenmorter
Elsenheimer Kooiman Pavlov Vander Veen
Emmons LaJoy Pearce Walker
Farhat Law, David Proos Ward
Gaffney Marleau Robertson Wenke
Garfield
In The Chair: Kooiman
Rep. Miller moved to amend the bill as follows:
1. Amend page 4, line 19, by striking out the balance of the subdivision.
The question being on the adoption of the amendment offered by Rep. Miller,
Rep. Miller demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Miller,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 128 Yeas--44
Accavitti Condino Kolb Smith, Alma
Adamini Cushingberry Law, Kathleen Smith, Virgil
Anderson Dillon Leland Spade
Angerer Donigan Lipsey Stewart
Bennett Espinoza McDowell Tobocman
Bieda Farrah Meisner Vagnozzi
Brown Gillard Miller Waters
Byrnes Gleason Murphy Whitmer
Byrum Gonzales Plakas Williams
Clack Hood Polidori Wojno
Clemente Hopgood Sak Zelenko
Nays--57
Acciavatti Gosselin Meyer Rocca
Amos Green Moolenaar Schuitmaker
Ball Hansen Moore Shaffer
Baxter Hildenbrand Mortimer Sheen
Brandenburg Hoogendyk Newell Sheltrown
Casperson Huizenga Nitz Stahl
Caswell Hummel Nofs Stakoe
Caul Hune Palmer Steil
DeRoche Jones Palsrok Taub
Drolet Kahn Pastor Van Regenmorter
Elsenheimer Kooiman Pavlov Vander Veen
Emmons LaJoy Pearce Walker
Farhat Law, David Proos Ward
Gaffney Marleau Robertson Wenke
Garfield
In The Chair: Kooiman
Rep. Hopgood moved to amend the bill as follows:
1. Amend page 3, line 10, by striking out all of line 10 through the balance of the subdivision.
2. Amend page 11, line 22, by striking out all of subsection (9) and inserting:
"(9) IF A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY IS UNABLE TO IMPLEMENT ALL OF THE REQUIREMENTS OF THIS SECTION FOR PUPILS SCHEDULED TO GRADUATE IN 2010, THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY MAY APPLY TO THE DEPARTMENT FOR PERMISSION TO PHASE IN THE REQUIREMENTS OF THIS SECTION. TO APPLY, THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL SUBMIT A PROPOSED PHASE-IN PLAN TO THE DEPARTMENT. THE DEPARTMENT SHALL APPROVE A PHASE-IN PLAN IF THE DEPARTMENT DETERMINES THAT THE PLAN WILL RESULT IN THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY MAKING SATISFACTORY PROGRESS TOWARD FULL IMPLEMENTATION OF THE REQUIREMENTS OF THIS SECTION. IF THE DEPARTMENT DISAPPROVES A PROPOSED PHASE-IN PLAN, THE DEPARTMENT SHALL WORK WITH THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY TO DEVELOP A SATISFACTORY PLAN THAT MAY BE APPROVED.".
3. Amend page 20, line 2, by striking out all of enacting section 2.
The question being on the adoption of the amendments offered by Rep. Hopgood,
Rep. Hopgood demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Hopgood,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 129 Yeas--44
Accavitti Condino Kolb Sheltrown
Adamini Cushingberry Law, Kathleen Smith, Alma
Anderson Dillon Leland Smith, Virgil
Angerer Donigan Lipsey Spade
Bennett Espinoza McDowell Tobocman
Bieda Farrah Meisner Vagnozzi
Brown Gillard Miller Waters
Byrnes Gleason Murphy Whitmer
Byrum Gonzales Plakas Williams
Clack Hood Polidori Wojno
Clemente Hopgood Sak Zelenko
Nays--57
Acciavatti Gosselin Meyer Rocca
Amos Green Moolenaar Schuitmaker
Ball Hansen Moore Shaffer
Baxter Hildenbrand Mortimer Sheen
Brandenburg Hoogendyk Newell Stahl
Casperson Huizenga Nitz Stakoe
Caswell Hummel Nofs Steil
Caul Hune Palmer Stewart
DeRoche Jones Palsrok Taub
Drolet Kahn Pastor Van Regenmorter
Elsenheimer Kooiman Pavlov Vander Veen
Emmons LaJoy Pearce Walker
Farhat Law, David Proos Ward
Gaffney Marleau Robertson Wenke
Garfield
In The Chair: Kooiman
Rep. Palmer moved to amend the bill as follows:
1. Amend page 3, line 15, after "SUBSECTION" by striking out "(8)" and inserting "(9)".
2. Amend page 4, line 11, after "APRIL" by striking out "1" and inserting "15".
3. Amend page 4, line 14, after "APRIL" by striking out "1" and inserting "15".
4. Amend page 4, line 16, after "APRIL" by striking out "1" and inserting "15".
5. Amend page 4, line 18, after "APRIL" by striking out "1" and inserting "15".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Virgil Smith moved to amend the bill as follows:
1. Amend page 8, line 3, after "DESIGNEE" by inserting "QUALIFIED UNDER SECTION 1233 OR 1233A".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Hildenbrand moved to amend the bill as follows:
1. Amend page 14, following line 13, by inserting:
"(13) THE DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE THAT EVALUATES THE OVERALL SUCCESS OF THE HIGH SCHOOL CURRICULUM REQUIRED UNDER THIS SECTION, THE RIGOR AND RELEVANCE OF THE COURSE WORK REQUIRED BY THE CURRICULUM, THE ABILITY OF PUBLIC SCHOOLS TO IMPLEMENT THE CURRICULUM AND THE REQUIRED COURSE WORK, AND THE IMPACT OF THE CURRICULUM ON STUDENT SUCCESS, AND THAT DETAILS ANY ACTIVITIES THE DEPARTMENT HAS UNDERTAKEN TO IMPLEMENT THIS SECTION OR TO ASSIST PUBLIC SCHOOLS IN IMPLEMENTING THE REQUIREMENTS OF THIS SECTION.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Angerer moved to amend the bill as follows:
1. Amend page 14, following line 13, by inserting:
"(14) THE DEPARTMENT SHALL SUBMIT THE ANNUAL REPORT UNDER SUBSECTION (13) NOT LATER THAN APRIL 1 OF EACH YEAR.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Nofs moved to amend the bill as follows:
1. Amend page 5, line 21, after "EVENTS." by inserting "THE COURSE SHALL ALSO COVER AT LEAST 1PROMINENT CIVILIZATION FROM EACH OF THE FOLLOWING REGIONS: ASIA, SUB-SAHARA AFRICA, THE MIDEAST, AND THE AMERICAS. MATERIAL CONCERNING AFRICA SHALL FOCUS ON 1 OR MORE OF THE FOLLOWING KINGDOMS: GHANA, MALI, SONGHAY, BENIN, BORNU, NUBIA, AXUM, MEROE, OR MEDIEVAL ETHIOPIA.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Reps. Kahn and Farhat moved to amend the bill as follows:
1. Amend page 3, line 5, after "VISUAL" by striking out "AND PERFORMING" and inserting a comma and "PERFORMING, AND APPLIED".
2. Amend page 5, line 25, after "VISUAL" by striking out "AND PERFORMING" and inserting a comma and "PERFORMING, AND APPLIED".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Palmer 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. 5606, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1280 (MCL 380.1280), as amended by 2003 PA 275, and by adding section 1278a; and to repeal acts and parts of acts.
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
Motions and Resolutions
Rep. DeRoche offered the following resolution:
House Resolution No. 204.
A resolution to establish a special committee on child protection.
Whereas, Protecting children is a responsibility of paramount importance for any society. These vulnerable individuals are often at the greatest risk of harm. While some of these risks are obvious, many more are not; and
Whereas, From time to time, a heartbreaking incident occurs that calls into question the impact and effectiveness of programs dedicated to protecting children in difficult circumstances. One such recent tragedy has served to dramatize the multiple factors that must be in place to protect children from harm; and
Whereas, In the aftermath of any tragedy involving children who have lived within the network of services designed to protect them, there are often many accusations and uncertainties as to the cause and what can be done to implement better practices and policies. Clearly, the seriousness of the issue of child protection demands thorough study of all options available to safeguard children who cannot possibly do so themselves; now, therefore, be it
Resolved by the House of Representatives, That there be created a special committee on child protection to study our child protection network. The committee shall work to identify any and all possible alterations of policy and practices that can strengthen child protection efforts. The special committee on child protection shall consist of 5 members appointed in the same manner as standing committees of the House are appointed and shall report its findings and recommendations to the full House of Representatives by July 1, 2006.
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.
Third Reading of Bills
The House returned to the consideration of
House Bill No. 5606, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1280 (MCL 380.1280), as amended by 2003 PA 275, and by adding section 1278a; and to repeal acts and parts of acts.
(The bill was considered earlier today, see today's Journal p. 381.)
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. 130 Yeas--70
Accavitti Espinoza McDowell Rocca
Acciavatti Farhat Meyer Sak
Amos Farrah Moolenaar Schuitmaker
Anderson Gaffney Moore Shaffer
Angerer Garfield Mortimer Sheen
Ball Hansen Murphy Stahl
Baxter Hildenbrand Newell Stakoe
Byrnes Hoogendyk Nitz Steil
Byrum Huizenga Nofs Stewart
Casperson Hummel Palmer Taub
Caul Hune Palsrok Vagnozzi
Clemente Jones Pastor Van Regenmorter
DeRoche Kahn Pavlov Vander Veen
Dillon Kooiman Pearce Walker
Donigan LaJoy Polidori Ward
Drolet Law, David Proos Wenke
Elsenheimer Law, Kathleen Robertson Whitmer
Emmons Marleau
Nays--31
Adamini Cushingberry Kolb Smith, Virgil
Bennett Gillard Leland Spade
Bieda Gleason Lipsey Tobocman
Brandenburg Gonzales Meisner Waters
Brown Gosselin Miller Williams
Caswell Green Plakas Wojno
Clack Hood Sheltrown Zelenko
Condino Hopgood Smith, Alma
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.
______
Rep. Zelenko, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5606 (H-7) because we need a proposal that requires ALL of our public high schools to provide a high quality curriculum that addresses the needs of our children as they move forward into careers, college, or vocational preparation programs.
I support high quality graduation requirements for our high schools. Unfortunately, the Republican bill allows schools to get waivers from the requirements of the bill, effectively allowing some schools to choose NOT to ever implement these new higher standards. The Democratic substitute would provide flexibility to the schools by allowing for a phase-in period to reach the requirements, but NO school could try to waive the requirements completely.
Additionally, while the bill includes a process for developing the subject area content expectations, it also includes redundant and unnecessary language that could interfere with that same process. The bill provides for input from curriculum experts, business community representatives, university and college representatives, parents, teachers, and government officials on the content standards. Unfortunately, the bill then turns around and hamstrings that process by including arbitrary and unnecessary language describing those standards as well.
It is for these reasons that I voted no on House Bill 5606. I support the adoption of higher standards for our high schools, but those standards have been muddled in this bill through the inclusion of other issues and unneeded language."
Rep. Tobocman, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5606 because the bill puts the State Board of Education's recommended curriculum requirements in jeopardy.
I support the State Board of Education's recommendation for high quality graduation requirements for our high schools. Their proposal requires ALL of our public high schools to provide a high quality curriculum that addresses the needs of our children as they move forward into careers, college, or vocational preparation programs.
Included in the State Board's recommendations was a foreign language requirement. Removing
this requirement reflects an ignorance and mediocrity, rather than a desire to lead. If Michigan is going to lead this nation in the 21st Century economy, we should have no hesitancy in adopting the rigorous requirements recommended by our democratically-elected State Board."
Rep. Brown, 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:
Although the development of a new high school curriculum is very important to the State of Michigan, local school districts must receive the necessary resources to implement the curriculum.
This bill will impose a significant financial burden on small school districts, but provides no additional funding."
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 5606 (H-7) because the bill allows schools to get waivers from the requirements of the bill, effectively allowing some schools to choose NOT to implement these new higher standards. A substitute offered but not accepted would have provided flexibility to the schools by allowing for a phase-in period to reach the requirements, but NO school could try to waive the requirements completely.
While I commend the sponsor for the considerable work done on this bill, as well as the considerable efforts that have resulted in a substantially improved version (H-7), the bill still includes redundant and unnecessary language that could interfere with that same process. For example, the bill provides for input from curriculum experts, business community representatives, university and college representatives, parents, teachers and government officials on the content standards. This is all good. Unfortunately, however, the bill also contains language that would essentially hamper that process by including arbitrary and unnecessary language describing those standards as well.
I would also like my colleagues to know that I strongly support the State Board of Education's recommendation for high quality graduation requirements for our high schools. The State Board's proposal requires that ALL of our public high schools provide a high quality curriculum that addresses the needs of our children as they move forward into careers, college or vocational preparation programs. And I look forward to supporting a bill that more adequately addresses these concerns.
Thus, while I voted 'no' on House Bill 5606 (H-7), the process continues, and I trust that the problems with this bill can be addressed so that we can have a bill we will all support."
Rep. Hopgood, 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:
No Vote Explanation for House Bill 5606 (H-7):
I voted no on House Bill 5606 (H-7) because the bill puts the State Board of Education's recommended curriculum requirements in jeopardy.
I support the State Board of Education's recommendation for high quality graduation requirements for our high schools. Their proposal requires ALL of our public high schools to provide a high quality curriculum that addresses the needs of our children as they move forward into careers, college, or vocational preparation programs.
Unfortunately, the Republican bill allows schools to get waivers from the requirements of the bill, effectively allowing some schools to choose NOT to implement these new higher standards. The Democratic substitute would provide flexibility to the schools by allowing for a phase-in period to reach the requirements, but NO school could try to waive the requirements completely.
Additionally, while the bill includes a process for developing the subject area content expectations, it also includes redundant and unnecessary language that could interfere with that same process. The bill provides for input from curriculum experts, business community representatives, university and college representatives, parents, teachers, and government officials on the content standards. Unfortunately, the bill then turns around and hamstrings that process by including arbitrary and unnecessary language describing those standards as well.
It is for these reasons that I voted no House Bill 5606. I support the adoption of higher standards for our high schools, but those standards have been muddled in this bill through the inclusion of other issues and unneeded language."
Rep. Cushingberry, 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 because this bill lacks an broad understanding of the educational needs for the future, No Vote Explanation for House Bill 5606 (H-7).
I voted no on House Bill 5606 (H-7) because the bill puts the State Board of Education's recommended curriculum requirements in jeopardy.
I support the State Board of Education's recommendation for high quality graduation requirements for our high schools. Their proposal requires ALL of our public high schools to provide a high quality curriculum that addresses the needs of our children as they move forward into careers, college, or vocational preparation programs.
Unfortunately, the Republican bill allows schools to get waivers from the requirements of the bill, effectively allowing some schools to choose NOT to implement these new higher standards. The Democratic substitute would provide flexibility to the schools by allowing for a phase-in period to reach the requirements, but NO school could try to waive the requirements completely.
Additionally, while the bill includes a process for developing the subject area content expectations, it also includes redundant and unnecessary language that could interfere with that same process. The bill provides for input from curriculum experts, business community representatives, university and college representatives, parents, teachers, and government officials on the content standards. Unfortunately, the bill then turns around and hamstrings that process by including arbitrary and unnecessary language describing those standards as well.
It is for these reasons that I voted no House Bill 5606. I support the adoption of higher standards for our high schools, but those standards have been muddled in this bill through the inclusion of other issues and unneeded language.
Additionally, one of the clear problems in America is the pervasive institutional racism and ignorance of the valuable contributions of African, Asian, Hispanic, and Native, Americans in our Country's history and the full story of this countries growth and development. Michigan continues to lag economically because of the pervasive ignorance about one another. There must be a requirement for multi ethnic inclusion in the high school curriculum.
Further in order for us to better prepare our people we need to require foreign language, include African History in world history and have economics and political science as centerpieces in any reform. Therefore, this bill needs a lot of work and we should take the time to enact true reform."
Rep. Kolb, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5606 (H-7) because the bill puts the State Board of Education's recommended curriculum requirements in jeopardy.
I support the State Board of Education's recommendation for high quality graduation requirements for our high schools. Their proposal requires ALL of our public high schools to provide a high quality curriculum that addresses the needs of our children as they move forward into careers, college, or vocational preparation programs
Unfortunately, this bill allows schools to get waivers from the requirements of the bill, effectively allowing some schools to choose NOT to implement these new higher standards. The Democratic substitute would provide flexibility to the schools by allowing for a phase-in period to reach the requirements, but NO school could try to waive the requirements completely.
This bill did not include the provision to require a foreign language in the curriculum. By leaving that requirement out of the curriculum we do a disservice to our students and leave them at a disadvantage to when they compete with students around the world in the new global economy.
This bill also muddles the requirements for social science to be taught in our high schools. This bill needs more clarification and more work before it should be allowed to become law.
For these reasons I voted NO on House Bill 5606 (H-7)."
______
Rep. Ward moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 868, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 78 and 78m (MCL 211.78 and 211.78m), section 78 as added by 1999 PA 123 and section 78m as amended by 2003 PA 263.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Senate Bill No. 870, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highwaysin this state, and for the revision of that classification and for additions to and deletions from each classification; to set upand establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specifictaxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportationfund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund;to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes;to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certainbusinesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issuedunder this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide forappropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for countyroads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensivetransportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs;to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the makingof loans for transportation purposes by the state transportation department and for the receipt and repayment by local unitsand agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending sections 14and 15 (MCL 247.664 and 247.665), section 14 as amended by 1987 PA 234 and section 15 as amended by 1999 PA 50.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 872, entitled
A bill to amend 1963 (2nd Ex Sess) PA 43, entitled "An act to provide for public hearings on budgets of local units of government," by amending section 3 (MCL 141.413).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Senate Bill No. 875, entitled
A bill to amend 1943 PA 20, entitled "An act relative to the investment of funds of public corporations of the state; and to validate certain investments," by amending section 1 (MCL 129.91), as amended by 1997 PA 196.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Senate Bill No. 908, entitled
A bill to amend 2003 PA 238, entitled "Michigan notary public act," by amending section 27 (MCL 55.287); and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Notices
March 2, 2006
Gary Randall
Clerk of the House
Ground Floor, Capitol Building
Dear Mr. Randall:
This letter is to inform you that I am appointing the following members to the Special Committee on Child Protection:Representative David Law, who will serve as Chair, and Representatives Hoogendyk, Vander Veen, Adamini, and McConico.
Thank you for your attention to this matter.
Sincerely,
Craig M. DeRoche
Speaker of the House
______
Rep. Tobocman moved that the House adjourn.
The motion prevailed, the time being 3:15 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, March 7, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives