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