No. 32
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2006
House Chamber, Lansing, Tuesday, March 28, 2006.
1:00 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Elsenheimer--present Law, Kathleen--present Robertson--present
Acciavatti--present Emmons--present Leland--present Rocca--present
Adamini--present Espinoza--present Lemmons, III--present Sak--present
Amos--present Farhat--present Lemmons, Jr.--present Schuitmaker--present
Anderson--present Farrah--present Lipsey--present Shaffer--present
Angerer--present Gaffney--present Marleau--present Sheen--present
Ball--present Garfield--present Mayes--present Sheltrown--present
Baxter--present Gillard--present McConico--present Smith, Alma--present
Bennett--present Gleason--present McDowell--present Smith, Virgil--present
Bieda--present Gonzales--present Meisner--present Spade--present
Booher--present 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--present Hummel--present Nofs--present Vander Veen--present
Clack--present Hune--present Palmer--present Walker--present
Clemente--present Hunter--present 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 Williams--present
Dillon--present Kooiman--present Plakas--present Wojno--present
Donigan--present LaJoy--present Polidori--present Zelenko--present
Drolet--present Law, David--present Proos--present
e/d/s = entered during session
Rep. Bill Huizenga, from the 90th District, offered the following invocation:
"Heavenly, Holy and Merciful Father, we thank You for this day. We ask that You be with us today and this week as we make decisions and debate issues and ideas. We pray that You put in our hearts wisdom, compassion and, Lord, sometimes forgiveness as it's needed. We pray that You be with us as we move forward and try to improve and better Michigan for our children and our grandchildren. Lord, we ask a special blessing on those that need Your help now. We especially ask that You be with our troops overseas who are defending our country and with the families that are hurting from loss. We pray that You give wisdom and understanding to all of our leaders at the federal, national, state and local level. Please continue to be with this institution as we try to serve You. In Your Holy name, Amen."
Motions and Resolutions
Reps. Kooiman, Accavitti, Ball, Baxter, Bieda, Booher, Brandenburg, Brown, Caswell, Clack, Condino, Cushingberry, Elsenheimer, Espinoza, Farrah, Garfield, Gillard, Gleason, Gosselin, Green, Hansen, Hildenbrand, Hopgood, Jones, LaJoy, Leland, Lemmons, III, Lemmons, Jr., Lipsey, Marleau, McDowell, Meyer, Miller, Mortimer, Nitz, Pearce, Polidori, Proos, Shaffer, Sheltrown, Alma Smith, Spade, Stahl, Stakoe, Taub, Tobocman and Vander Veen offered the following resolution:
House Resolution No. 224.
A resolution recognizing May 2006 as Hepatitis Awareness Month in the state of Michigan.
Whereas, It is estimated that 4 million Americans and 180,000 Michigan residents have been infected with the hepatitis C virus (HCV); and
Whereas, Seventy-five to eighty-five percent of individuals infected with HCV go on to develop chronic infections, which can result in damage to the liver, end-stage liver disease, or death; and
Whereas, It is estimated that treatment for HCV infected patients will exceed $13 billion by the year 2019; and
Whereas, Approximately 50 percent of treated individuals may clear the virus from their bodies, and for others, risk of progression may be prevented or delayed through early detection and appropriate medical management; and
Whereas, HCV is a blood-borne virus. Infected individuals may transmit it to others through sexual contact, from mother to child during the birthing process, from occupational exposure to blood, or through injection drug use; and
Whereas, It is believed that the majority of people with HCV, including many infected through blood transfusions before 1992 or blood products produced before 1987, do not know they are infected. Many at high-risk for future infection are not aware of their risk and may not be knowledgeable about ways to prevent the spread of infection; and
Whereas, Increased public awareness and education about HCV, a continuum of hepatitis-related services including prevention programs, and medical management/treatment programs are needed to ensure the best possible health outcomes for individuals already infected with HCV and to prevent new infections; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize May 2006 as Hepatitis Awareness Month in the state of Michigan.
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.
Reps. Pavlov, Acciavatti, Ball, Baxter, Booher, Brandenburg, Caswell, Elsenheimer, Espinoza, Farhat, Garfield, Gosselin, Hansen, Hildenbrand, Jones, Kooiman, LaJoy, Lemmons, III, Marleau, Meyer, Mortimer, Nitz, Pastor, Pearce, Polidori, Proos, Rocca, Shaffer, Stahl, Stakoe, Steil, Taub and Vander Veen offered the following resolution:
House Resolution No. 225.
A resolution to memorialize the Congress of the United States to permanently repeal the federal inheritance tax.
Whereas, In 2001, the United States Congress adopted legislation to phase out the federal inheritance, or "death tax". This landmark piece of legislation, however, did not permanently repeal the tax, and, without further action, the inheritance tax will revert back to its old form in 2011. Clearly, the death tax is one of our most onerous taxes. The entire concept of taxing estates at a time of personal tragedy and loss is shameful public policy; and
Whereas, The repeal of the inheritance tax has long been a centerpiece of tax policy reform. The tax imposes a double imposition by taxing estates that have already paid their fair share of taxes on income. It is particularly burdensome on family farms and small businesses, which are a key part of the foundation of our entire economy. Indeed, if the tax resumes in 2011, farmers and small business owners will face the loss of their farms and businesses, and countless numbers of their employees would lose their livelihood. Moreover, all of our economy's gains from the death tax phase-out will be wiped out in one fell swoop; and
Whereas, Sound public policy argues that the death tax should be definitively and permanently repealed. If the tax had been fully repealed in 2001, our nation's economy would have already experienced tremendous growth from increased investment and economic input. Fully repealing the tax now will send a clear message to our nation's entrepreneurs that investment in job creation is truly our highest priority; now, therefore, be it
Resolved by the House of Representatives, That we hereby memorialize the Congress of the United States to permanently repeal the federal inheritance tax; 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 Tax Policy.
Reps. David Law, Accavitti, Acciavatti, Anderson, Ball, Baxter, Booher, Brandenburg, Brown, Caswell, Clack, Clemente, Condino, Elsenheimer, Espinoza, Farhat, Farrah, Garfield, Gleason, Gosselin, Green, Hansen, Hildenbrand, Jones, Kooiman, LaJoy, Leland, Lemmons, III, Lipsey, Marleau, McDowell, Meyer, Mortimer, Nitz, Pastor, Pearce, Plakas, Proos, Rocca, Sak, Schuitmaker, Shaffer, Sheltrown, Stahl, Stakoe, Steil, Taub, Vander Veen, Walker and Wojno offered the following resolution:
House Resolution No. 226.
A resolution to memorialize the United States Congress to enact legislation restricting protests at funerals.
Whereas, More than 100 military funerals nationwide have been besieged with protesters in the past three years. Protesters have trespassed on the solitude and dignity of grieving families, who want nothing more than to bury their husbands, wives, sons, and daughters in peace and solemnity. Espousing perverse and hateful language and placards, these protesters celebrate the slaying of our nation's heroes; and
Whereas, No family member, on the blackest day of their life, should have to confront such premeditated viciousness, which is solely calculated to deepen the anguish of bereavement. Under such circumstances, the family's right to privacy outweighs any supposed free speech concerns; and
Whereas, The United States Congress is considering legislation to restrict protests at funerals at national cemeteries for 60 minutes before or after a funeral. The measure would also restrict protesters to remain 500 feet or more from the grave site or from individuals they are protesting; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the United States Congress to enact legislation restricting protests at funerals; 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 Veterans Affairs and Homeland Security.
Reps. McDowell, Espinoza, Lipsey, Polidori, Angerer, Gleason, Lemmons, III, Accavitti, Acciavatti, Adamini, Anderson, Bieda, Brandenburg, Brown, Clack, Condino, Cushingberry, Farrah, Gillard, Gonzales, Hopgood, Leland, Lemmons, Jr., Meisner, Miller, Plakas, Sak, Sheltrown, Alma Smith, Spade, Stahl, Tobocman, Vagnozzi and Waters offered the following concurrent resolution:
House Concurrent Resolution No. 31.
A concurrent resolution to urge the Department of Homeland Security to make public the findings of a recent Inspector General report that outlined the security threat posed by Canadian waste shipments.
Whereas, The Department of Homeland Security (DHS) Office of Inspector General (OIG) released a summary "Audit of Screening Trucks Carrying Canadian Municipal Solid Waste" in January 2006 assessing the Bureau of Customs and Border Protection's process for screening trucks carrying Canadian municipal solid waste; and
Whereas, The volume of waste imported into Michigan from Canada has increased by 347% since 1996, and some shipments have already been found to contain medical waste, illegal drugs, and illegal currency. In addition, other serious safety concerns have arisen as a result of several trucks hauling Canadian waste being involved in traffic accidents, including at least two incidents within the last year where loads have spilled onto public roads in Michigan; and
Whereas, The OIG has concluded in its report that improvements are needed in the port inspection process in order to better protect American citizens. The OIG recommended that a risk analysis be conducted and a more uniform inspection process be created, which would include minimum requirements for selecting and inspecting trucks carrying Canadian waste. However, these suggested reforms cannot be properly debated and implemented until the findings of the unclassified OIG report are made public. We are greatly troubled by the refusal of DHS to release the report of this investigation, and we find no basis for not releasing the entire report publicly; now therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we urge the Department of Homeland Security to make public the findings of a recent Inspector General report that outlined the security threat posed by Canadian waste shipments; and be it further
Resolved, That copies of this resolution be transmitted to the Department of Homeland Security.
The concurrent resolution was referred to the Committee on Government Operations.
Reps. Pavlov, Acciavatti, Ball, Baxter, Booher, Brandenburg, Caswell, Elsenheimer, Espinoza, Farhat, Garfield, Gosselin, Hansen, Hildenbrand, Jones, Kooiman, LaJoy, Lemmons, III, Marleau, Meyer, Mortimer, Nitz, Pastor, Pearce, Proos, Rocca, Shaffer, Stahl, Stakoe, Steil, Taub and Vander Veen offered the following concurrent resolution:
House Concurrent Resolution No. 32.
A concurrent resolution to memorialize the Congress of the United States to permanently repeal the federal inheritance tax.
Whereas, In 2001, the United States Congress adopted legislation to phase out the federal inheritance, or "death tax". This landmark piece of legislation, however, did not permanently repeal the tax, and, without further action, the inheritance tax will revert back to its old form in 2011. Clearly, the death tax is one of our most onerous taxes. The entire concept of taxing estates at a time of personal tragedy and loss is shameful public policy; and
Whereas, The repeal of the inheritance tax has long been a centerpiece of tax policy reform. The tax imposes a double imposition by taxing estates that have already paid their fair share of taxes on income. It is particularly burdensome on family farms and small businesses, which are a key part of the foundation of our entire economy. Indeed, if the tax resumes in 2011, farmers and small business owners will face the loss of their farms and businesses, and countless numbers of their employees would lose their livelihood. Moreover, all of our economy's gains from the death tax phase-out will be wiped out in one fell swoop; and
Whereas, Sound public policy argues that the death tax should be definitively and permanently repealed. If the tax had been fully repealed in 2001, our nation's economy would have already experienced tremendous growth from increased investment and economic input. Fully repealing the tax now will send a clear message to our nation's entrepreneurs that investment in job creation is truly our highest priority; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we hereby memorialize the Congress of the United States to permanently repeal the federal inheritance tax; 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 concurrent resolution was referred to the Committee on Tax Policy.
Reports of Standing Committees
The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported
Senate Bill No. 969, entitled
A bill to authorize the state administrative board to convey certain interests in property in Ingham county; to authorize the state administrative board to convey, exchange, or purchase certain parcels of property in Jackson county; to prescribe certain conditions for the conveyances, purchases, and exchanges; to provide for disposition of the revenue derived from the conveyances; and to repeal acts and parts of acts.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 2, line 14, after "deed" by inserting "or other instrument".
2. Amend page 4, following line 7, by inserting:
"Sec. 3. The revenue received under this act shall be deposited in the state treasury and credited to the general fund.".
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Rocca, Jones, Gaffney, Wojno and McDowell
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: Tuesday, March 28, 2006
Present: Reps. Rocca, Jones, Gaffney, Wojno, McDowell and Virgil Smith
Absent: Reps. Van Regenmorter, Palsrok and Lemmons, III
Excused: Reps. Van Regenmorter, Palsrok and Lemmons, III
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. LaJoy, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Thursday, March 23, 2006
Present: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Wenke, Moore, Pavlov, Pearce, Anderson, Byrnes, Gleason, Leland, Condino and Tobocman
Absent: Rep. Kathleen Law
Excused: Rep. Kathleen Law
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Elsenheimer, Chair, of the Committee on Tort Reform, was received and read:
Meeting held on: Tuesday, March 28, 2006
Present: Reps. Elsenheimer, Kahn, Gaffney, Adamini and Bieda
Absent: Reps. Huizenga, Hune and McConico
Excused: Reps. Huizenga, Hune and McConico
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Friday, March 24, for her approval of the following bills:
Enrolled House Bill No. 4555 at 10:41 a.m.
Enrolled House Bill No. 5508 at 10:43 a.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, March 24:
House Bill Nos. 5906 5907 5908 5909 5910 5911
Senate Bill Nos. 1189 1190 1191 1192
The Clerk announced the enrollment printing and presentation to the Governor on Monday, March 27, for her approval of the following bills:
Enrolled House Bill No. 4838 at 2:10 p.m.
Enrolled House Bill No. 5282 at 2:12 p.m.
Enrolled House Bill No. 5620 at 2:14 p.m.
The Clerk announced that the following Senate bills had been received on Tuesday, March 28:
Senate Bill Nos. 709 717 718 1122 1146 1147
Notices
The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5606, Reps. Palmer, DeRoche and Hopgood.
The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5675, Reps. VanRegenmorter, Hildenbrand and Hopgood.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5606, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1278a; and to repeal acts and parts of acts.
The Senate has appointed Senators Kuipers, Sikkema and Leland as conferees to join with Representatives Palmer, DeRoche and Hopgood.
The bill was referred to the Conference Committee on March 27, 2006.
House Bill No. 5675, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230, 1230a, 1230c, 1230d, 1230g, 1535a, and 1539b (MCL 380.1230, 380.1230a, 380.1230c, 380.1230d, 380.1230g, 380.1535a, and 380.1539b), section 1230 as amended and section 1230c as added by 2005 PA 129, section 1230a as amended by 2005 PA 138, section 1230d as added by 2005 PA 131, and section 1230g as added and sections 1535a and 1539b as amended by 2005 PA 130, and by adding section 1230h.
The Senate has appointed Senators Cropsey, Jelinek and Switalski as conferees to join with Representatives VanRegenmorter, Hildenbrand and Hopgood.
The bill was referred to the Conference Committee on March 27, 2006.
Senate Bill No. 1124, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1278a.
The Senate has nonconcurred in the House substitute (H-2) and appointed Senators Kuipers, Sikkema and Clark-Coleman as conferees.
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Palmer, DeRoche and Hopgood.
The message was referred to the Clerk for record.
House Bill No. 4643, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5l (MCL 28.425l), as amended by 2005 PA 262.
The Senate has concurred in the House substitute (H-2) to the Senate substitute (S-4).
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5256, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3020 (MCL 500.3020), as amended by 1998 PA 410.
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. 5497, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1204c (MCL 500.1204c), as amended by 2005 PA 247.
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. 709, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520b (MCL 750.520b), as amended by 2002 PA 714.
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. 717, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16y of chapter XVII (MCL 777.16y), as amended by 2005 PA 304.
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. 718, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 34 (MCL 791.234), as amended by 2004 PA 218.
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. 1122, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 36 (MCL 791.236), as amended by 2003 PA 75.
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. 1146, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 199 (MCL 750.199).
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. 1147, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16j of chapter XVII (MCL 777.16j), as added by 1998 PA 317.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Messages from the Governor
Date: March 23, 2006
Time: 9:47 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4446 (Public Act No. 77, I.E.), being
An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending section 17015 (MCL 333.17015), as amended by 2002 PA 685.
(Filed with the Secretary of State March 24, 2006, at 3:13 p.m.)
Date: March 23, 2006
Time: 9:53 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5258 (Public Act No. 80, I.E.), being
An act to amend 1981 PA 230, entitled "An act to create a bureau of community services and a commission on economic and social opportunity within a state department to reduce the causes, conditions, and effects of poverty and promote social and economic opportunities that foster self-sufficiency for low income persons; to provide for the designation of community action agencies; and to prescribe the powers and duties of the department, the bureau, the commission, and the community action agencies," by amending section 11 (MCL 400.1111), as amended by 2003 PA 123.
(Filed with the Secretary of State March 24, 2006, at 3:19 p.m.)
Communications from State Officers
The following communication from the Department of Transportation was received and read:
March 22, 2006
I am pleased to provide the Michigan Department of Transportation's report on transportation accessibility for seniors and persons with disabilities for Fiscal Year 2005.
The report is being forwarded to the Legislature for their information pursuant to Section 10e(21) of Act 51 of the Public Acts of 1951, as amended.
Sincerely,
Kirk T. Steudle
Director
The communication was referred to the Clerk.
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 5125, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80110, 80111, and 80112 (MCL 324.80110, 324.80111, and 324.80112), as added by 1995 PA 58.
The bill was read a second time.
Rep. Hansen moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hansen moved to amend the bill as follows:
1. Amend page 3, line 12, after "SUBDIVISION" by striking out "WITH JURISDICTION OVER THE WATER BODY" and inserting "THAT HAS WATERS SUBJECT TO THEIR JURISDICTION".
2. Amend page 4, line 3, after "SUBDIVISION" by striking out "WITH JURISDICTION OVER THE WATER BODY SUBJECT TO THE PROPOSED SPECIAL RULES" and inserting "THAT HAS WATERS SUBJECT TO THEIR JURISDICTION".
3. Amend page 4, line 8, after "SUBDIVISION" by striking out "WITH JURISDICTION OVER THE WATER BODY" and inserting "THAT HAS WATERS SUBJECT TO THEIR JURISDICTION".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Angerer moved to amend the bill as follows:
1. Amend page 5, following line 10, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5773 of the 93rd Legislature is enacted into law and takes effect.".
The question being on the adoption of the amendment offered by Rep. Angerer,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5638, entitled
A bill to enter into the midwest interstate passenger rail compact to promote intergovernmental coordination aimed at development and promotion of intercity passenger rail transportation; to promote long-range planning for high-speed rail passenger service in the midwest; to describe the powers and duties of certain commissions; and to provide for ratification and a method of termination.
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.
House Bill No. 5408, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43510, 43511, 43513, and 43516 (MCL 324.43510, 324.43511, 324.43513, and 324.43516), sections 43510 and 43516 as amended by 2004 PA 129, section 43511 as added by 1995 PA 57, and section 43513 as amended by 1998 PA 129.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 300 Yeas--107
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, III Sak
Amos Farhat Lemmons, Jr. Schuitmaker
Anderson Farrah Lipsey Shaffer
Angerer Gaffney Marleau Sheen
Ball Garfield Mayes Sheltrown
Baxter Gillard McConico Smith, Alma
Bennett Gleason McDowell Smith, Virgil
Bieda Gonzales Meisner Spade
Booher Gosselin Meyer Stahl
Brandenburg Green Miller Stakoe
Brown Hansen Moolenaar Steil
Byrnes Hildenbrand Moore Stewart
Byrum Hood Mortimer Taub
Casperson Hoogendyk Murphy Tobocman
Caswell Hopgood Newell Vagnozzi
Caul Huizenga Nitz Van Regenmorter
Cheeks Hummel Nofs Vander Veen
Clack Hune Palmer Walker
Clemente Hunter Palsrok Ward
Condino Jones Pastor Waters
Cushingberry Kahn Pavlov Wenke
DeRoche Kolb Pearce Williams
Dillon Kooiman Plakas Wojno
Donigan LaJoy Polidori Zelenko
Drolet Law, David Proos
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
Senate Bill No. 327, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1531 (MCL 380.1531), as amended by 2000 PA 497.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 301 Yeas--101
Accavitti Emmons Lemmons, III Robertson
Acciavatti Espinoza Lemmons, Jr. Rocca
Adamini Farhat Lipsey Sak
Amos Farrah Marleau Schuitmaker
Anderson Gaffney Mayes Shaffer
Angerer Gillard McConico Sheltrown
Ball Gleason McDowell Smith, Alma
Baxter Gonzales Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brandenburg Hood Moore Steil
Brown Hopgood Mortimer Stewart
Byrnes Huizenga Murphy Taub
Byrum Hummel Newell Tobocman
Casperson Hune Nitz Vagnozzi
Caul Hunter Nofs Van Regenmorter
Cheeks Jones Palmer Vander Veen
Clack Kahn Palsrok Walker
Clemente Kolb Pastor Ward
Condino Kooiman Pavlov Waters
Cushingberry LaJoy Pearce Wenke
DeRoche Law, David Plakas Williams
Dillon Law, Kathleen Polidori Wojno
Donigan Leland Proos Zelenko
Elsenheimer
Nays--6
Caswell Garfield Hoogendyk Sheen
Drolet Gosselin
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 a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,"
The House agreed to the full title.
Senate Bill No. 328, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 11f (MCL 388.1611f), as amended by 2004 PA 351.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 302 Yeas--103
Accavitti Elsenheimer Leland Robertson
Acciavatti Emmons Lemmons, III Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheltrown
Ball Gillard McConico Smith, Alma
Baxter Gleason McDowell Smith, Virgil
Bennett Gonzales Meisner Spade
Bieda Green Meyer Stahl
Booher Hansen Miller Stakoe
Brandenburg Hildenbrand Moolenaar Steil
Brown Hood Moore Stewart
Byrnes Hoogendyk Mortimer Taub
Byrum Hopgood Murphy Tobocman
Casperson Huizenga Newell Vagnozzi
Caswell Hummel Nitz Van Regenmorter
Caul Hune Nofs Vander Veen
Cheeks Hunter Palmer Walker
Clack Jones Palsrok Ward
Clemente Kahn Pastor Waters
Condino Kolb Pavlov Wenke
Cushingberry Kooiman Pearce Williams
DeRoche LaJoy Plakas Wojno
Dillon Law, David Polidori Zelenko
Donigan Law, Kathleen Proos
Nays--4
Drolet Garfield Gosselin Sheen
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 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts," by amending section 11f (MCL 388.1611f), as amended by 2005 PA 155.
The motion prevailed.
The House agreed to the title as amended.
Senate Bill No. 329, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 20 (MCL 388.1620), as amended by 2004 PA 351, and by adding section 34.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 303 Yeas--103
Accavitti Emmons Lemmons, III Rocca
Acciavatti Espinoza Lemmons, Jr. Sak
Adamini Farhat Lipsey Schuitmaker
Amos Farrah Marleau Shaffer
Anderson Gaffney Mayes Sheen
Angerer Gillard McConico Sheltrown
Ball Gleason McDowell Smith, Alma
Baxter Gonzales Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brandenburg Hood Moore Steil
Brown Hoogendyk Mortimer Stewart
Byrnes Hopgood Murphy Taub
Byrum Huizenga Newell Tobocman
Casperson Hummel Nitz Vagnozzi
Caul Hune Nofs Van Regenmorter
Cheeks Hunter Palmer Vander Veen
Clack Jones Palsrok Walker
Clemente Kahn Pastor Ward
Condino Kolb Pavlov Waters
Cushingberry Kooiman Pearce Wenke
DeRoche LaJoy Plakas Williams
Dillon Law, David Polidori Wojno
Donigan Law, Kathleen Proos Zelenko
Elsenheimer Leland Robertson
Nays--4
Caswell Drolet Garfield Gosselin
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 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts," by amending section 20 (MCL 388.1620), as amended by 2005 PA 155, and by adding section 34.
The motion prevailed.
The House agreed to the title as amended.
Senate Bill No. 330, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 31a (MCL 388.1631a), as amended by 2004 PA 593.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 304 Yeas--103
Accavitti Elsenheimer Lemmons, III Rocca
Acciavatti Emmons Lemmons, Jr. Sak
Adamini Espinoza Lipsey Schuitmaker
Amos Farhat Marleau Shaffer
Anderson Farrah Mayes Sheen
Angerer Gaffney McConico Sheltrown
Ball Gillard McDowell Smith, Alma
Baxter Gleason Meisner Smith, Virgil
Bennett Gonzales Meyer Spade
Bieda Green Miller Stahl
Booher Hansen Moolenaar Stakoe
Brandenburg Hildenbrand Moore Steil
Brown Hood Mortimer Stewart
Byrnes Hopgood Murphy Taub
Byrum Huizenga Newell Tobocman
Casperson Hummel Nitz Vagnozzi
Caswell Hune Nofs Van Regenmorter
Caul Hunter Palmer Vander Veen
Cheeks Jones Palsrok Walker
Clack Kahn Pastor Ward
Clemente Kolb Pavlov Waters
Condino Kooiman Pearce Wenke
Cushingberry LaJoy Plakas Williams
DeRoche Law, David Polidori Wojno
Dillon Law, Kathleen Proos Zelenko
Donigan Leland Robertson
Nays--4
Drolet Garfield Gosselin Hoogendyk
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 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts," by amending section 31a (MCL 388.1631a), as amended by 2005 PA 155.
The motion prevailed.
The House agreed to the title as amended.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Caswell to the Chair.
The House returned to the consideration of
House Bill No. 5638, entitled
A bill to enter into the midwest interstate passenger rail compact to promote intergovernmental coordination aimed at development and promotion of intercity passenger rail transportation; to promote long-range planning for high-speed rail passenger service in the midwest; to describe the powers and duties of certain commissions; and to provide for ratification and a method of termination.
(The bill was considered earlier today, see today's Journal p. 696.)
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. 305 Yeas--56
Angerer Farhat Mayes Rocca
Ball Gaffney McDowell Sak
Booher Green Moolenaar Schuitmaker
Brandenburg Hansen Moore Shaffer
Byrnes Hildenbrand Mortimer Spade
Casperson Huizenga Newell Stahl
Caswell Hummel Nitz Stakoe
Caul Jones Nofs Steil
Clemente Kahn Palsrok Taub
DeRoche Kooiman Pastor Van Regenmorter
Dillon LaJoy Pavlov Vander Veen
Elsenheimer Law, David Pearce Walker
Emmons Lemmons, III Polidori Ward
Espinoza Marleau Proos Wenke
Nays--51
Accavitti Cushingberry Hunter Robertson
Acciavatti Donigan Kolb Sheen
Adamini Drolet Law, Kathleen Sheltrown
Amos Farrah Leland Smith, Alma
Anderson Garfield Lemmons, Jr. Smith, Virgil
Baxter Gillard Lipsey Stewart
Bennett Gleason McConico Tobocman
Bieda Gonzales Meisner Vagnozzi
Brown Gosselin Meyer Waters
Byrum Hood Miller Williams
Cheeks Hoogendyk Murphy Wojno
Clack Hopgood Palmer Zelenko
Condino Hune Plakas
In The Chair: Caswell
The House agreed to the title of the bill.
Rep. Anderson moved that his name be removed as co-sponsor of the bill.
The motion prevailed.
______
The Speaker Pro Tempore resumed the Chair.
Rep. Pastor moved that Rep. DeRoche 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
Senate Bill No. 932, entitled
A bill to amend 1990 PA 187, entitled "An act to regulate the equipment, maintenance, operation, and use of school buses and pupil transportation vehicles; to prescribe the qualifications of school bus and pupil transportation vehicle drivers; to prescribe the powers and duties of certain state and local governmental agencies; to create an advisory committee and to prescribe its powers and duties; and to prescribe remedies and penalties," by amending sections 41, 43, 49, 51, 53, 55, 57, 61, 67, 69, 70, and 73 (MCL 257.1841, 257.1843, 257.1849, 257.1851, 257.1853, 257.1855, 257.1857, 257.1861, 257.1867, 257.1869, 257.1870, and 257.1873), section 49 as amended by 1994 PA 309, section 53 as amended by 2004 PA 131, section 55 as amended by 2004 PA 231, and section 57 as amended by 1996 PA 170.
(The bill was received from the Senate on March 21, with substitute (S-2) to the House substitute (H-2), consideration of which, under the rules, was postponed until March 22, see House Journal No. 29, p. 615.)
The question being on concurring in the substitute (S-2) to the House substitute (H-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 306 Yeas--106
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 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
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
Elsenheimer Law, Kathleen
Nays--0
In The Chair: Kooiman
The Speaker laid before the House
House Bill No. 4161, entitled
A bill to amend 1996 PA 305, entitled "Acknowledgment of parentage act," by amending sections 6 and 7 (MCL 722.1006 and 722.1007).
(The bill was received from the Senate on March 23, 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. 31, p. 684.)
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. 307 Yeas--97
Accavitti Emmons LaJoy Polidori
Acciavatti Espinoza Law, David Proos
Adamini Farhat Law, Kathleen Robertson
Amos Farrah Lemmons, III Rocca
Anderson Gaffney Lemmons, Jr. Sak
Angerer Garfield Lipsey Schuitmaker
Ball Gillard Marleau Shaffer
Baxter Gleason Mayes Sheen
Bennett Gonzales McConico Sheltrown
Bieda Gosselin McDowell Spade
Booher Green Meyer Stahl
Brandenburg Hansen Miller Stakoe
Brown Hildenbrand Moolenaar Steil
Byrum Hood Moore Stewart
Casperson Hoogendyk Mortimer Taub
Caswell Hopgood Newell Vagnozzi
Caul Huizenga Nitz Van Regenmorter
Cheeks Hummel Nofs Vander Veen
Clack Hune Palmer Walker
Clemente Hunter Palsrok Ward
Condino Jones Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Plakas Zelenko
Elsenheimer
Nays--9
Byrnes Meisner Smith, Alma Tobocman
Cushingberry Murphy Smith, Virgil Waters
Leland
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. 4398, entitled
A bill to codify the laws regarding local units of government regulating the development and use of land; to provide for the adoption of zoning ordinances; to provide for the establishment in counties, townships, cities, and villages of zoning districts; to prescribe the powers and duties of certain officials; to provide for the assessment, levy, and collection of taxes and fees; to authorize the issuance of bonds and notes; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.
(The bill was received from the Senate on March 23, with substitute (S-5), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 31, p. 684.)
The question being on concurring in the substitute (S-5) made to the bill by the Senate,
The substitute (S-5) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 308 Yeas--106
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 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
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
Elsenheimer Law, Kathleen
Nays--0
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.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 181.
A resolution to memorialize the Congress of the United States to fund fully the Select Michigan agricultural program through the United States Department of Agriculture.
(For text of resolution, see House Journal No. 4, p. 29.)
(The resolution was reported by the Committee on Agriculture on March 22, consideration of which, under the rules, was postponed until March 23.)
The question being on the adoption of the resolution,
The resolution was adopted.
The Committee on Local Government and Urban Policy, by Rep. Stakoe, Chair, reported
House Bill No. 5839, entitled
A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending sections 4, 5, 6, 9, 12, 16, 17, 21, 30a, and 30c (MCL 125.2304, 125.2305, 125.2306, 125.2309, 125.2312, 125.2316, 125.2317, 125.2321, 125.2330a, and 125.2330c).
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, Nitz, Schuitmaker, Accavitti, Donigan, Vagnozzi and Virgil Smith
Nays: None
Second Reading of Bills
House Bill No. 5839, entitled
A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending sections 4, 5, 6, 9, 12, 16, 17, 21, 30a, and 30c (MCL 125.2304, 125.2305, 125.2306, 125.2309, 125.2312, 125.2316, 125.2317, 125.2321, 125.2330a, and 125.2330c).
The bill was read a second time.
Rep. Hildenbrand moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 969, entitled
A bill to authorize the state administrative board to convey certain interests in property in Ingham county; to authorize the state administrative board to convey, exchange, or purchase certain parcels of property in Jackson county; to prescribe certain conditions for the conveyances, purchases, and exchanges; to provide for disposition of the revenue derived from the conveyances; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Regulatory Reform (for amendments, see today's Journal, p. 692),
The amendments were 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.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 969, entitled
A bill to authorize the state administrative board to convey certain interests in property in Ingham county; to authorize the state administrative board to convey, exchange, or purchase certain parcels of property in Jackson county; to prescribe certain conditions for the conveyances, purchases, and exchanges; to provide for disposition of the revenue derived from the conveyances; 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.
Messages from the Governor
The following veto message from the Governor was received and read:
Executive Office, Lansing, March 23, 2006
Michigan House of Representatives
State Capitol
Lansing, Michigan 48909-7514
Ladies and Gentlemen:
Today I have vetoed and return without signature Enrolled House Bills 5744 and 5745, as provided under Section 33 of Article IV of the Michigan Constitution of 1963. The bills would foreclose arbitrarily the ability to assure that senior citizens and the disabled are receiving safe and quality care by well-trained and adequately compensated caregivers.
Furthermore, because the Michigan Constitution of 1963 separates the powers of government among three branches, I have an obligation to defend the Executive Branch from encroachment, just as you seek to defend the prerogatives of the Legislative Branch. If at some point it is determined that administrative rules are needed to assure that workers providing care to senior citizens and the disabled are receiving the wages and benefits necessary to assure quality care andsafety, the Administrative Procedures Act of 1969 affords ample opportunity for legislative review and reaction. If it isdetermined that rules are not needed, I have a responsibility to preserve the ability of a future governor to decide otherwise.
Respectfully,
Jennifer M. Granholm
Governor
The question being on the passage of the bills, the objections of the Governor to the contrary notwithstanding,
Rep. Ward moved that consideration of the bills be postponed for the day.
The motion prevailed.
Second Reading of Bills
House Bill No. 4375, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1171.
The bill was read a second time.
Rep. Ward moved to amend the bill as follows:
1. Amend page 1, line 5, after "DEPRESSION" by inserting "AND THE PROTECTIVE FACTORS THAT HELP PREVENT SUICIDE".
2. Amend page 2, line 10, after "SECTION" by inserting a comma and "SUCH AS THE MICHIGAN MODEL FOR COMPREHENSIVE SCHOOL HEALTH EDUCATION,".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Vander Veen moved to amend the bill as follows:
1. Amend page 2, line 16, after "OF" by striking out "THE AFFECTED PUPILS" and inserting "ALL PUPILS OF EACH SCHOOL IN WHICH THE INSTRUCTION IS PROVIDED".
2. Amend page 2, following line 18, by inserting:
"(5) FAILURE OF A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY TO COMPLY WITH SUBSECTION (4) DOES NOT CREATE A CAUSE OF ACTION OR CONSTITUTE A BREACH OF ANY LEGAL DUTY IN A CIVIL ACTION.".
The motion prevailed and the amendments were 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 House Bill No. 5638 be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Waters 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. 309 Yeas--61
Acciavatti Green Meyer Schuitmaker
Angerer Hansen Moolenaar Shaffer
Ball Hildenbrand Moore Sheen
Booher Huizenga Mortimer Smith, Alma
Brandenburg Hummel Newell Spade
Byrnes Jones Nitz Stahl
Casperson Kahn Nofs Stakoe
Caswell Kooiman Palsrok Steil
Caul LaJoy Pastor Stewart
Clemente Law, David Pavlov Taub
Dillon Lemmons, III Pearce Van Regenmorter
Elsenheimer Lemmons, Jr. Polidori Vander Veen
Emmons Marleau Proos Walker
Espinoza Mayes Rocca Ward
Farhat McDowell Sak Wenke
Gaffney
Nays--45
Accavitti Cushingberry Hopgood Palmer
Adamini Donigan Hune Plakas
Amos Drolet Hunter Robertson
Anderson Farrah Kolb Sheltrown
Baxter Garfield Law, Kathleen Smith, Virgil
Bennett Gillard Leland Tobocman
Bieda Gleason Lipsey Vagnozzi
Brown Gonzales McConico Waters
Byrum Gosselin Meisner Williams
Cheeks Hood Miller Wojno
Clack Hoogendyk Murphy Zelenko
Condino
In The Chair: Kooiman
Rep. Ward moved that Senate Bill No. 328 be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 310 Yeas--102
Accavitti Emmons Lemmons, III Robertson
Acciavatti Espinoza Lemmons, Jr. Rocca
Adamini Farhat Lipsey Sak
Amos Farrah Marleau Schuitmaker
Anderson Gaffney Mayes Shaffer
Angerer Gillard McConico Sheltrown
Ball Gleason McDowell Smith, Alma
Baxter Gonzales Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brandenburg Hood Moore Steil
Brown Hoogendyk Mortimer Stewart
Byrnes Hopgood Murphy Taub
Byrum Huizenga Newell Tobocman
Casperson Hummel Nitz Vagnozzi
Caswell Hune Nofs Van Regenmorter
Caul Hunter Palmer Vander Veen
Cheeks Jones Palsrok Walker
Clack Kahn Pastor Ward
Clemente Kolb Pavlov Waters
Condino Kooiman Pearce Wenke
Cushingberry LaJoy Plakas Williams
Dillon Law, David Polidori Wojno
Donigan Law, Kathleen Proos Zelenko
Elsenheimer Leland
Nays--4
Drolet Garfield Gosselin Sheen
In The Chair: Kooiman
Rep. Ward moved that House Bill No. 5408 be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 311 Yeas--106
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 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
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
Elsenheimer Law, Kathleen
Nays--0
In The Chair: Kooiman
Rep. Ward moved that Senate Bill No. 327 be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 312 Yeas--101
Accavitti Emmons Lemmons, III Robertson
Acciavatti Espinoza Lemmons, Jr. Rocca
Adamini Farhat Lipsey Sak
Amos Farrah Marleau Schuitmaker
Anderson Gaffney Mayes Shaffer
Angerer Gillard McConico Sheltrown
Ball Gleason McDowell Smith, Alma
Baxter Gonzales Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brandenburg Hood Moore Steil
Brown Hopgood Mortimer Stewart
Byrnes Huizenga Murphy Taub
Byrum Hummel Newell Tobocman
Casperson Hune Nitz Vagnozzi
Caswell Hunter Nofs Van Regenmorter
Caul Jones Palmer Vander Veen
Cheeks Kahn Palsrok Walker
Clack Kolb Pastor Ward
Clemente Kooiman Pavlov Waters
Condino LaJoy Pearce Wenke
Cushingberry Law, David Plakas Williams
Dillon Law, Kathleen Polidori Wojno
Donigan Leland Proos Zelenko
Elsenheimer
Nays--5
Drolet Gosselin Hoogendyk Sheen
Garfield
In The Chair: Kooiman
Rep. Ward moved that Senate Bill No. 329 be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 313 Yeas--102
Accavitti Emmons Lemmons, Jr. Rocca
Acciavatti Espinoza Lipsey Sak
Adamini Farhat Marleau Schuitmaker
Amos Farrah Mayes Shaffer
Anderson Gaffney McConico Sheen
Angerer Gillard McDowell Sheltrown
Ball Gleason Meisner Smith, Alma
Baxter Gonzales Meyer Smith, Virgil
Bennett Green Miller Spade
Bieda Hansen Moolenaar Stahl
Booher Hildenbrand Moore Stakoe
Brandenburg Hood Mortimer Steil
Brown Hopgood Murphy Stewart
Byrnes Huizenga Newell Taub
Byrum Hummel Nitz Tobocman
Casperson Hune Nofs Vagnozzi
Caswell Hunter Palmer Van Regenmorter
Caul Jones Palsrok Vander Veen
Cheeks Kahn Pastor Walker
Clack Kolb Pavlov Ward
Clemente Kooiman Pearce Waters
Condino LaJoy Plakas Wenke
Cushingberry Law, David Polidori Williams
Dillon Law, Kathleen Proos Wojno
Donigan Leland Robertson Zelenko
Elsenheimer Lemmons, III
Nays--4
Drolet Garfield Gosselin Hoogendyk
In The Chair: Kooiman
Rep. Ward moved that Senate Bill No. 330 be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 314 Yeas--103
Accavitti Emmons Lemmons, III Rocca
Acciavatti Espinoza Lemmons, Jr. Sak
Adamini Farhat Lipsey Schuitmaker
Amos Farrah Marleau Shaffer
Anderson Gaffney Mayes Sheen
Angerer Gillard McConico Sheltrown
Ball Gleason McDowell Smith, Alma
Baxter Gonzales Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brandenburg Hood Moore Steil
Brown Hoogendyk Mortimer Stewart
Byrnes Hopgood Murphy Taub
Byrum Huizenga Newell Tobocman
Casperson Hummel Nitz Vagnozzi
Caswell Hune Nofs Van Regenmorter
Caul Hunter Palmer Vander Veen
Cheeks Jones Palsrok Walker
Clack Kahn Pastor Ward
Clemente Kolb Pavlov Waters
Condino Kooiman Pearce Wenke
Cushingberry LaJoy Plakas Williams
Dillon Law, David Polidori Wojno
Donigan Law, Kathleen Proos Zelenko
Elsenheimer Leland Robertson
Nays--3
Drolet Garfield Gosselin
In The Chair: Kooiman
Second Reading of Bills
Pending the Second Reading of
House Bill No. 4514, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," (MCL 408.381 to 408.398) by adding section 7b.
Rep. Ward moved that the bill be re-referred to the Committee on Employment Relations, Training, and Safety.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4515, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 15 (MCL 408.395).
Rep. Ward moved that the bill be re-referred to the Committee on Employment Relations, Training, and Safety.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4517, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 4 (MCL 408.384), as amended by 1997 PA 2.
Rep. Ward moved that the bill be re-referred to the Committee on Employment Relations, Training, and Safety.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4518, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 4 (MCL 408.384), as amended by 1997 PA 2.
Rep. Ward moved that the bill be re-referred to the Committee on Employment Relations, Training, and Safety.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4519, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 13 (MCL 408.393), as amended by 1997 PA 1.
Rep. Ward moved that the bill be re-referred to the Committee on Employment Relations, Training, and Safety.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4516, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 7a (MCL 408.387a), as amended by 1997 PA 1.
Rep. Ward moved that the bill be re-referred to the Committee on Employment Relations, Training, and Safety.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4046, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 4 (MCL 408.384), as amended by 1997 PA 2.
Rep. Ward moved that the bill be re-referred to the Committee on Employment Relations, Training, and Safety.
The motion prevailed.
______
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
Reports of Standing Committees
The Committee on Local Government and Urban Policy, by Rep. Stakoe, Chair, reported
House Bill No. 5278, entitled
A bill to amend 1919 PA 339, entitled "Dog law of 1919," (MCL 287.261 to 287.290) by adding section 14a.
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. Stakoe, Elsenheimer, Van Regenmorter, Robertson, Nitz, Baxter, Schuitmaker, Accavitti, Donigan, Vagnozzi and Virgil Smith
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Stakoe, Chair, reported
House Bill No. 5657, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7410 (MCL 333.7410), as amended by 2000 PA 302.
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, Schuitmaker, Accavitti, Donigan, Vagnozzi and Virgil Smith
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Stakoe, Chair, reported
House Bill No. 5658, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 18 of chapter XVII (MCL 777.18), as amended by 2000 PA 304.
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, Schuitmaker, Accavitti, Donigan, Vagnozzi and Virgil Smith
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Stakoe, Chair, reported
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.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Stakoe, Elsenheimer, Van Regenmorter, Robertson, Nitz, Baxter and Schuitmaker
Nays: Reps. 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: Tuesday, March 28, 2006
Present: Reps. Stakoe, Elsenheimer, Van Regenmorter, Robertson, Nitz, Baxter, Schuitmaker, Accavitti, Donigan, Vagnozzi and Virgil Smith
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 5797, entitled
A bill to amend 1917 PA 167, entitled "Housing law of Michigan," by amending section 85a (MCL 125.485a), as added by 2003 PA 307.
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. Gaffney, Newell, Robertson, Vander Veen, Hune, Nofs, Ball, Kahn, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 5798, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12103 (MCL 333.12103), as amended by 1985 PA 17.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Nofs, Ball, Kahn, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
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.
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. Gaffney, Newell, Robertson, Vander Veen, Hune, Ball, Kahn, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gaffney, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, March 28, 2006
Present: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Kahn, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Absent: Rep. Green
Excused: Rep. Green
Introduction of Bills
Reps. Gillard, McDowell, Gleason, Espinoza, Brown, Adamini, Sheltrown, Cushingberry, Bennett, Miller, Spade, Polidori, Sak, Angerer, Gonzales, Byrnes, Donigan, Accavitti, Mayes, Palsrok, Farhat, Elsenheimer, Byrum, Acciavatti, McConico and Lemmons, III introduced
House Bill No. 5912, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 504 (MCL 324.504), as amended by 2004 PA 130.
The bill was read a first time by its title and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
Reps. Taub, Amos, Garfield, Drolet, Brandenburg, Acciavatti, Pastor, Hildenbrand, David Law, Kahn, Pavlov, Casperson, Marleau, Shaffer, Meyer, Hune, Gaffney, Nitz, LaJoy, Palmer, Rocca and Hoogendyk introduced
House Bill No. 5913, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51e (MCL 206.51e), as amended by 2003 PA 239.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Amos introduced
House Bill No. 5914, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 135a.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. David Law introduced
House Bill No. 5915, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2002 PA 630.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Moolenaar, Walker, Stahl, Palsrok, Newell, Emmons and Shaffer introduced
House Bill No. 5916, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 31702 (MCL 324.31702), as added by 2003 PA 177.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
Reps. Nofs and Farhat introduced
House Bill No. 5917, entitled
A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 401, 407, 408, 412, and 717 (MCL 484.1401, 484.1407, 484.1408, 484.1412, and 484.1717), section 401 as amended by 1999 PA 81, sections 407 and 412 as added by 1999 PA 78, section 408 as amended by 2006 PA 74, and section 717 as added by 1999 PA 79.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Reps. Wenke, Ball, Gleason and Ward introduced
House Joint Resolution U, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 5 of article VIII, to provide for gubernatorial appointment of the members of the governing boards of the University of Michigan, Michigan State University, and Wayne State University with the advice and consent of the senate.
The joint resolution was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Rep. Sheen 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, March 29, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives