No. 62
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2006
House Chamber, Lansing, Tuesday, June 20, 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--excused 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. Jim A. Plakas, from the 16th District, offered the following invocation:
"O mighty God, we thank You for Your gracious hand of protection and blessing upon this great nation and the great state of Michigan. We seek Your help and direction in these challenging times. From 9/11, to the war in Iraq, and the devastation from the hurricanes -- let us not overlook the misery and desolation that so many of our sisters and brothers have endured from these horrifying events. Guide and protect our men and women in the military, those on foreign soil and those within our borders, who sacrifice to preserve and defend our freedoms.
We thank You and pray for our honorable legislative body as we make important decisions on behalf of the people of the state of Michigan. Please give us Your blessings so that the voices we represent here today will benefit from our compassion and understanding. For those less fortunate, let us be their caretakers.
Heavenly Father, we pray that we may work together in a bipartisan fashion for the benefit and well-being of all. Let us take the time to thank You for the privilege of serving the people to seek to preserve peace, liberty and equality. Let us, dear Lord, be thoughtful of the needs of others. Help each of us to respect and see beyond our differences so that we may serve faithfully and courageously. Help us strive to pursue fairness and justice.
We pray for strength, wisdom, and understanding to use the opportunities for good that each new day brings. May Your spirit guide our assembly by Your grace.
In Thy holy name we pray. Amen."
______
Rep. Palmer moved that Rep. Acciavatti be excused from today's session.
The motion prevailed.
Reports of Standing Committees
The Committee on Government Operations, by Rep. Drolet, Chair, reported
House Bill No. 5872, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section20120a (MCL 324.20120a), as added by 1995 PA 71.
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. Drolet, Hoogendyk, Gosselin, Sheen, Emmons, Tobocman and Lipsey
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Drolet, Chair, of the Committee on Government Operations, was received and read:
Meeting held on: Tuesday, June 20, 2006
Present: Reps. Drolet, Hoogendyk, Gosselin, Sheen, Emmons, Tobocman and Lipsey
Absent: Reps. Garfield and Lemmons, III
Excused: Reps. Garfield and Lemmons, III
Second Reading of Bills
House Bill No. 5872, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section20120a (MCL 324.20120a), as added by 1995 PA 71.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Government Operations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Moolenaar moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1040, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30101, 30104, and 30105 (MCL 324.30101, 324.30104, and 324.30105), section 30101 as amended by 1999 PA 106 and sections 30104 and 30105 as amended by 2004 PA 325.
The bill was read a second time.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5661, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2111a.
The bill was read a second time.
Rep. Nofs moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5663, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 310f.
The bill was read a second time.
Rep. Hunter moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4735, entitled
A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," (MCL 38.1601 to 38.1648) by adding section 41a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Senior Health, Security, and Retirement,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Green moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5672, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17766 (MCL 333.17766), as amended by 2004 PA 329, and by adding part 52A.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Vander Veen moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 6032, entitled
A bill to amend 2000 PA 251, entitled "Patient's right to independent review act," by amending section 3 (MCL 550.1903).
The bill was read a second time.
Rep. Kahn moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 6062, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16511 and 16521 (MCL 333.16511 and 333.16521), as added by 2006 PA 30.
The bill was read a second time.
Rep. Mortimer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 6063, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 18811 and 18821 (MCL 333.18811 and 333.18821), section 18811 as amended by 1982 PA 353 and section 18821 as amended by 1993 PA 79.
The bill was read a second time.
Rep. Mortimer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 6064, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 18705 (MCL 333.18705), as added by 2004 PA 3.
The bill was read a second time.
Rep. Mortimer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 6086, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 18411 (MCL 333.18411).
The bill was read a second time.
Rep. Wojno moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 6139, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17411 and 17421 (MCL 333.17411 and 333.17421), section 17421 as amended by 1993 PA 79.
The bill was read a second time.
Rep. Ball moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 6140, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16803 and 16805 (MCL 333.16803 and 333.16805), as added by 2004 PA 97.
The bill was read a second time.
Rep. Robertson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 6145, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 18305 (MCL 333.18305), as amended by 1993 PA 79.
The bill was read a second time.
Rep. Murphy moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 6146, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 18505 (MCL 333.18505), as amended by 2004 PA 61.
The bill was read a second time.
Rep. Gaffney moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 6147, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7301a, 16111, 16122, 16139, and 16264 (MCL 333.7301a, 333.16111, 333.16122, 333.16139, and 333.16264), section 7301a as added and section 16111 as amended by 1988 PA 462 and sections 16122 and 16139 as amended by 1993 PA 80; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Gaffney moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 900, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8c (MCL 125.2688c), as amended by 2003 PA 93.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Agriculture,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 6175, entitled
A bill to amend 1950 (Ex Sess) PA 27, entitled "Motor vehicle sales finance act," by amending section 17 (MCL 492.117).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hune moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1105, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections43502, 43505, 43506, 43517, 43520, and 43525 (MCL 324.43502, 324.43505, 324.43506, 324.43517, 324.43520, and 324.43525), sections 43502, 43505, 43506, and 43525 as amended by 1996 PA 585 and sections 43517 and 43520 as added by 1995 PA 57.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Conservation, Forestry, and Outdoor Recreation,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6089, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 2b (MCL 205.92b), as added by 2004 PA 172.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 702 Yeas--106
Accavitti Emmons Leland Robertson
Adamini Espinoza Lemmons, III Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meisner Smith, Virgil
Booher Gosselin Meyer Spade
Brandenburg Green Miller Stahl
Brown Hansen Moolenaar Stakoe
Byrnes Hildenbrand Moore Steil
Byrum Hood Mortimer Stewart
Casperson Hoogendyk Murphy Taub
Caswell Hopgood Newell Tobocman
Caul Huizenga Nitz Vagnozzi
Cheeks Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kahn Pavlov Waters
DeRoche 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 of the bill.
House Bill No. 6090, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1a (MCL 205.51a), as added by 2004 PA 173.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 703 Yeas--106
Accavitti Emmons Leland Robertson
Adamini Espinoza Lemmons, III Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meisner Smith, Virgil
Booher Gosselin Meyer Spade
Brandenburg Green Miller Stahl
Brown Hansen Moolenaar Stakoe
Byrnes Hildenbrand Moore Steil
Byrum Hood Mortimer Stewart
Casperson Hoogendyk Murphy Taub
Caswell Hopgood Newell Tobocman
Caul Huizenga Nitz Vagnozzi
Cheeks Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kahn Pavlov Waters
DeRoche 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 of the bill.
House Bill No. 5193, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 5 (MCL 28.725), as amended by 2004 PA 240.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Baxter moved to substitute (H-2) the bill.
The motion was seconded and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 704 Yeas--106
Accavitti Emmons Leland Robertson
Adamini Espinoza Lemmons, III Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meisner Smith, Virgil
Booher Gosselin Meyer Spade
Brandenburg Green Miller Stahl
Brown Hansen Moolenaar Stakoe
Byrnes Hildenbrand Moore Steil
Byrum Hood Mortimer Stewart
Casperson Hoogendyk Murphy Taub
Caswell Hopgood Newell Tobocman
Caul Huizenga Nitz Vagnozzi
Cheeks Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kahn Pavlov Waters
DeRoche 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 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 1994 PA 295, entitled "Sex offenders registration act," by amending section 5 (MCL 28.725), as amended by 2005 PA 132.
The motion prevailed.
The House agreed to the title as amended.
House Bill No. 5194, 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 bill was read a third time.
The question being on the passage of the bill,
Rep. Baxter moved to substitute (H-4) the bill.
The motion was seconded and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 705 Yeas--106
Accavitti Emmons Leland Robertson
Adamini Espinoza Lemmons, III Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meisner Smith, Virgil
Booher Gosselin Meyer Spade
Brandenburg Green Miller Stahl
Brown Hansen Moolenaar Stakoe
Byrnes Hildenbrand Moore Steil
Byrum Hood Mortimer Stewart
Casperson Hoogendyk Murphy Taub
Caswell Hopgood Newell Tobocman
Caul Huizenga Nitz Vagnozzi
Cheeks Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kahn Pavlov Waters
DeRoche 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 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 1953 PA 232, entitled "Corrections code of 1953," by amending section 36 (MCL 791.236), as amended by 2006 PA 168.
The motion prevailed.
The House agreed to the title as amended.
House Bill No. 6135, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17f of chapter XVII (MCL 777.17f), as added by 2002 PA 28.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 706 Yeas--106
Accavitti Emmons Leland Robertson
Adamini Espinoza Lemmons, III Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meisner Smith, Virgil
Booher Gosselin Meyer Spade
Brandenburg Green Miller Stahl
Brown Hansen Moolenaar Stakoe
Byrnes Hildenbrand Moore Steil
Byrum Hood Mortimer Stewart
Casperson Hoogendyk Murphy Taub
Caswell Hopgood Newell Tobocman
Caul Huizenga Nitz Vagnozzi
Cheeks Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kahn Pavlov Waters
DeRoche 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 of the bill.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5061, entitled
A bill to amend 1976 PA 390, entitled "Emergency management act," (MCL 30.401 to 30.421) by amending the title, as amended by 1990 PA 50, and by adding section 11a.
(The bill was received from the Senate on June 14, with substitute (S-1), full title inserted and immediate effect givenby the Senate, consideration of which, under the rules, was postponed until June 15, see House Journal No. 60, p. 1591.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 707 Yeas--106
Accavitti Emmons Leland Robertson
Adamini Espinoza Lemmons, III Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meisner Smith, Virgil
Booher Gosselin Meyer Spade
Brandenburg Green Miller Stahl
Brown Hansen Moolenaar Stakoe
Byrnes Hildenbrand Moore Steil
Byrum Hood Mortimer Stewart
Casperson Hoogendyk Murphy Taub
Caswell Hopgood Newell Tobocman
Caul Huizenga Nitz Vagnozzi
Cheeks Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kahn Pavlov Waters
DeRoche 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 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
Senate Bill No. 538, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections14501 and 14513 (MCL 324.14501 and 324.14513), section 14501 as amended by 2004 PA 333 and section 14513 as amended by 2004 PA 334.
(The bill was received from the Senate on June 15, with an amendment to the House substitute (H-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 61, p. 1613.)
The question being on concurring in the amendment to the House substitute (H-1) 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. 708 Yeas--95
Accavitti Emmons Lemmons, Jr. Robertson
Adamini Espinoza Lipsey Rocca
Amos Farhat Marleau Sak
Angerer Farrah Mayes Schuitmaker
Ball Gaffney McConico Shaffer
Baxter Garfield McDowell Sheen
Bennett Gillard Meisner Sheltrown
Bieda Gleason Meyer Smith, Virgil
Booher Green Miller Spade
Brandenburg Hansen Moolenaar Stahl
Brown Hildenbrand Moore Stakoe
Byrnes Hood Mortimer Steil
Byrum Hoogendyk Murphy Stewart
Casperson Huizenga Newell Taub
Caswell Hummel Nitz Tobocman
Caul Hune Nofs Vagnozzi
Cheeks Hunter Palmer Van Regenmorter
Clack Jones Palsrok Vander Veen
Condino Kahn Pastor Walker
Cushingberry Kooiman Pavlov Waters
DeRoche LaJoy Pearce Wenke
Dillon Law, David Plakas Wojno
Donigan Leland Polidori Zelenko
Elsenheimer Lemmons, III Proos
Nays--11
Anderson Gonzales Kolb Ward
Clemente Gosselin Law, Kathleen Williams
Drolet Hopgood Smith, Alma
In The Chair: Kooiman
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, June 15:
House Bill No. 6213
Senate Bill Nos. 1303 1304 1305 1306 1307 1308
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Commerce, by Rep. Huizenga, Chair, reported
House Bill No. 6213, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 14 (MCL 408.394), as amended by 1998 PA 37.
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. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov and Schuitmaker
Nays: Reps. Meisner, Tobocman, Bennett and Leland
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Huizenga, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, June 20, 2006
Present: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Dillon, Bennett, Accavitti, McConico and Leland
The Committee on Transportation, by Rep. LaJoy, Chair, reported
House Bill No. 6031, entitled
A bill to amend 1980 PA 119, entitled "Motor carrier fuel tax act," by amending section 8 (MCL 207.218), as amended by 2004 PA 472.
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. LaJoy, Gosselin, Meyer, Casperson, Nitz, Wenke, Moore, Pavlov, Pearce, Anderson, Byrnes, Kathleen Law, Gleason, Leland, Condino and Tobocman
Nays: None
The Committee on Transportation, by Rep. LaJoy, Chair, reported
House Bill No. 6137, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 217d, 801, 811d, 811e, 811f, 811g, 811h, 811i, 811j, 811k, 811l, and 811n (MCL 257.217d, 257.801, 257.811d, 257.811e, 257.811f, 257.811g, 257.811h, 257.811i, 257.811j, 257.811k, 257.811l, and 257.811n), sections 217d and 811h as amended by 2003 PA 152, section 801 as amended by 2006 PA 136, section 811d as amended by 2005 PA 317, section 811e as amended by 2001 PA 124, sections 811f and 811g as added by 2000 PA 77, section 811i as added by 2000 PA 74, section 811j as added by 2000 PA 71, section 811k as added by 2000 PA 73, section 811l as added by 2000 PA 70, and section 811n as added by 2000 PA 79, and by adding sections 811m, 811o, 811p, and 811q; and to repeal acts and parts of acts.
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. LaJoy, Gosselin, Meyer, Casperson, Nitz, Wenke, Moore, Pavlov, Pearce, Anderson, Byrnes, Kathleen Law, Gleason, Leland, Condino and Tobocman
Nays: None
The Committee on Transportation, by Rep. LaJoy, Chair, reported
House Bill No. 6186, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 1074.
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. LaJoy, Gosselin, Meyer, Casperson, Nitz, Wenke, Moore, Pavlov, Pearce, Anderson, Byrnes, Kathleen Law, Gleason, Leland, Condino and Tobocman
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. LaJoy, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Tuesday, June 20, 2006
Present: Reps. LaJoy, Gosselin, Meyer, Casperson, Nitz, Wenke, Moore, Pavlov, Pearce, Anderson, Byrnes, Kathleen Law, Gleason, Leland, Condino and Tobocman
Absent: Rep. David Law
Excused: Rep. David 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, June 20, 2006
Present: Reps. Elsenheimer, Gaffney, Hune, Adamini, McConico and Bieda
Absent: Reps. Kahn and Huizenga
Excused: Reps. Kahn and Huizenga
Messages from the Senate
Senate Bill No. 541, entitled
A bill to regulate the transfer of structured settlement rights; to place conditions on the transfer of structured settlement rights; to establish a procedure for approval of transfer of structured settlement rights; and to repeal acts and parts of acts.
The Senate has amended the House substitute (H-1) as follows:
1. Amend page 5, line 9, after "rights." by striking out the balance of the subdivision.
The Senate has concurred in the House substitute (H-1) as amended and ordered that the bill be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Messages from the Governor
The following message from the Governor was received and read:
June 19, 2006
Gary Randall
Clerk
Michigan House of Representatives
State Capitol, Room A-61
Lansing, Michigan 48908-7514
Dear Mr. Randall:
Enclosed is a Special Message to the Second Session of the 93rd Michigan Legislature. This message transmitting information on the affairs of state and recommending measures I consider necessary and desirable is presented to the Michigan House of Representatives pursuant to Section 17 of Article V of the Michigan Constitution of 1963.
Respectfully,
Jennifer M. Granholm
Governor
June 19, 2006
SPECIAL MESSAGE
TO THE 93rd MICHIGAN LEGISLATURE
NEW MERIT AWARD SCHOLARSHIP
To the Members of the 93rd Michigan Legislature:
I am writing pursuant to Section 17 of Article V of the Michigan Constitution of 1963 to urge your adoption of legislation establishing a New Merit Award scholarship before you begin your summer recess. I believe this measure is not only necessary and desirable, it is critical to Michigan's economic future. Enactment of the New Merit Award will send a powerful signal to employers across the country and around the globe--Michigan will have the nation's best educated workforce.
This legislation is a direct response to the central recommendation of the Cherry Commission on Higher Education and Economic Growth--that Michigan must make post-secondary education universal. Students may choose to attend four year colleges and universities, community colleges, or participate in technical training programs, but they must continue their education beyond high school. Their prosperity and Michigan's prosperity depend on it.
The New Merit Award would allow any student who pursues education beyond high school to earn a $4,000 scholarship,enough to pay for a two year associate degree at a Michigan community college. That means all our children will grow upknowing that they have the resources to get the college degree or technical certification they need to get a good-paying job.
The proposal that resulted from bi-partisan discussions in the Michigan Senate combines the best features of the current Michigan Merit Award scholarship with an approach that also will provide encouragement and financial support to the majority of our students--those who do not qualify for the current Merit Award based solely on standardized test scores. Those students also need to continue their education and must have the opportunity to demonstrate "merit" the way it is defined and valued in the marketplace--through achievement in college and technical training. Proposed legislation to implement this proposal will be transmitted to legislative leaders today.
It was just a few weeks ago that I was able to join with legislative leaders from both parties to sign the historic legislation making our high school graduation requirements among the most rigorous in the nation. We achieved that goal in short order by forgoing partisanship and focusing on Michigan's future. Now that we have taken this step to ensure that all our students are ready for success beyond high school, we must also be prepared to support their aspirations to higher education. The New Merit Award legislation does just that.
Every day action is delayed on the New Merit Award is a day that Michigan is not gaining more ground in the battle for jobs and economic growth.
Respectfully,
Jennifer M. Granholm
Governor
The message was referred to the Clerk.
Date: June 16, 2006
Time: 11:25 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4977 (Public Act No. 184, I.E.), being
An act to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carryingof 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 prescribethe powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for orreceive 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 2006 PA 92.
(Filed with the Secretary of State June 19, 2006, at 8:50 a.m.)
Date: June 16, 2006
Time: 11:31 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4460 (Public Act No. 187, I.E.), being
An act to amend 1941 PA 207, entitled "An act to provide for the prevention of fires and the protection of persons and property from exposure to the dangers of fire or explosion; to authorize the investigation of fires and the discovery of crime or other offenses in relation thereto; to require the razing, repair, or alteration of buildings, and the clearing and improvement of premises which constitute a fire hazard or a menace to the peace, security, or safety of persons or property; to control the construction, use, and occupancy of those buildings and premises for fire safety purposes; to provide for the certification of fire inspectors and the delegation of certain powers to those certified fire inspectors; to provide for the regulation of the storage and transportation of hazardous material; to provide for the issuance of certificates; to prohibit the use of certain fire extinguishers and fire extinguishing agents; to provide immunity from liability for certain persons; to provide for the administration of this act and prescribe procedure for the enforcement of its provisions; to fix penalties for violation of this act; to provide for the promulgation of rules; to provide for the assessment of fees; and to repeal certain acts and parts of acts," by amending the title and section 19 (MCL 29.19), the title as amended by 1984 PA 314 and section 19 as amended by 1998 PA 45.
(Filed with the Secretary of State June 19, 2006, at 8:56 a.m.)
Date: June 16, 2006
Time: 11:35 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 6034 (Public Act No. 188, I.E.), being
An act to amend 1995 PA 24, entitled "An act to promote economic growth and job creation within this state; to create and regulate the Michigan economic growth authority; to prescribe the powers and duties of the authority and of state and local officials; to assess and collect a fee; to approve certain plans and the use of certain funds; and to provide qualifications for and determine eligibility for tax credits and other incentives for authorized businesses and for qualified taxpayers," by amending section 3 (MCL 207.803), as amended by 2006 PA 117.
(Filed with the Secretary of State June 19, 2006, at 8:58 a.m.)
Date: June 16, 2006
Time: 11:39 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5861 (Public Act No. 190, I.E.), being
An act to amend 1935 PA 59, entitled "An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929," by repealing section 5 (MCL 28.5).
(Filed with the Secretary of State June 19, 2006, at 9:02 a.m.)
Date: June 16, 2006
Time: 11:43 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5862 (Public Act No. 192, I.E.), being
An act to amend 1972 PA 230, entitled "An act to create a construction code commission and prescribe its functions; to authorize the director to promulgate rules with recommendations from each affected board relating to the construction, alteration, demolition, occupancy, and use of buildings and structures; to prescribe energy conservation standards for the construction of certain buildings; to provide for statewide approval of premanufactured units; to provide for the testing of new devices, materials, and techniques for the construction of buildings and structures; to define the classes of buildings and structures affected by the act; to provide for administration and enforcement of the act; to create a state construction code fund; to prohibit certain conduct; to establish penalties, remedies, and sanctions for violations of the act; to repeal acts and parts of acts; and to provide an appropriation," by amending sections 3a and 8b (MCL 125.1503a and 125.1508b), as added by 1999 PA 245.
(Filed with the Secretary of State June 19, 2006, at 9:06 a.m.)
Date: June 16, 2006
Time: 11:47 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5863 (Public Act No. 194, I.E.), being
An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 77101 (MCL 324.77101), as added by 1995 PA 58.
(Filed with the Secretary of State June 19, 2006, at 9:10 a.m.)
Date: June 16, 2006
Time: 11:51 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5864 (Public Act No. 196, I.E.), being
An act to amend 1956 PA 217, entitled "An act to safeguard persons and property; to provide for licensing and regulation of electricians and electrical contractors concerning the construction, alteration, installation of electrical wiring and equipment and for the inspection of electrical wiring; to create an electrical administrative board; to create certain committees for certain purposes; to provide certain powers and duties for certain departments; to provide for the assessment of certain fees and for the promulgation of rules; and to prescribe penalties for violations of this act," by amending section 2 (MCL 338.882), as amended by 1992 PA 130.
(Filed with the Secretary of State June 19, 2006, at 9:14 a.m.)
Date: June 16, 2006
Time: 11:55 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5865 (Public Act No. 198, I.E.), being
An act to amend 1976 PA 451, entitled "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," by amending section 1285a (MCL 380.1285a), as amended by 2002 PA 695.
(Filed with the Secretary of State June 19, 2006, at 9:18 a.m.)
Date: June 16, 2006
Time: 11:59 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5866 (Public Act No. 200, I.E.), being
An act to amend 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," by amending section 58 (MCL 400.58).
(Filed with the Secretary of State June 19, 2006, at 9:22 a.m.)
Date: June 16, 2006
Time: 12:03 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5867 (Public Act No. 202, I.E.), being
An act to amend 1967 PA 227, entitled "An act to regulate the inspection, construction, installation, alteration, maintenance, repair and operation of elevators and the licensing of elevator contractors; to prescribe the functions of the director of labor; to create, and prescribe the functions of, the elevator safety board; to provide penalties for violations of the act; and to repeal certain acts and parts of acts," by amending section 20 (MCL 408.820).
(Filed with the Secretary of State June 19, 2006, at 9:26 a.m.)
Date: June 16, 2006
Time: 12:07 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5868 (Public Act No. 204, I.E.), being
An act to amend 1963 PA 181, entitled "An act to promote safety upon highways open to the public by regulating the operation of certain vehicles; to provide consistent regulation of these areas by state agencies and local units of government; to establish the qualifications of persons necessary for the safe operation of such vehicles; to establish certain violations of shippers offering certain materials for transportation; to limit the hours of service of persons engaged in operating such vehicles; to require the keeping of records of such operations; to provide penalties for the violation of this act; to prescribe the powers and duties of certain state agencies; and to repeal acts and parts of acts," by amending section 12 (MCL 480.22), as amended by 2005 PA 177.
(Filed with the Secretary of State June 19, 2006, at 9:30 a.m.)
Date: June 16, 2006
Time: 12:11 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5869 (Public Act No. 206, I.E.), being
An act to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending sections 2, 3, and 10 (MCL 722.112, 722.113, and 722.120), section 2 as amended by 1983 PA 150, section 3 as amended by 1980 PA 232, and section 10 as amended by 1994 PA 205.
(Filed with the Secretary of State June 19, 2006, at 9:34 a.m.)
Date: June 16, 2006
Time: 12:15 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5870 (Public Act No. 208, I.E.), being
An act to amend 1956 PA 218, entitled "An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act," by amending section 3010 (MCL 500.3010), as added by 2000 PA 413.
(Filed with the Secretary of State June 19, 2006, at 9:38 a.m.)
Date: June 16, 2006
Time: 12:23 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5871 (Public Act No. 212, I.E.), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 312e (MCL 257.312e), as amended by 2004 PA 362.
(Filed with the Secretary of State June 19, 2006, at 9:46 a.m.)
______
Rep. Ward moved that Reps. Hummel and Stewart be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 6213, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 14 (MCL 408.394), as amended by 1998 PA 37.
The bill was read a second time.
Rep. Meisner moved to amend the bill as follows:
1. Amend page 2, following line 25, by inserting:
"Enacting section 2. This amendatory act does not take effect unless House Bill No. 4709 of the 93rd Legislature is enacted into law.".
The question being on the adoption of the amendment offered by Rep. Meisner,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Meisner,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 709 Yeas--49
Accavitti Cushingberry Law, Kathleen Polidori
Adamini Dillon Leland Sak
Anderson Donigan Lemmons, III Sheltrown
Angerer Espinoza Lemmons, Jr. Smith, Alma
Bennett Farrah Lipsey Smith, Virgil
Bieda Gillard Mayes Spade
Brown Gleason McConico Tobocman
Byrnes Gonzales McDowell Vagnozzi
Byrum Hood Meisner Waters
Cheeks Hopgood Miller Williams
Clack Hunter Murphy Wojno
Clemente Kolb Plakas Zelenko
Condino
Nays--55
Amos Garfield Meyer Rocca
Ball Gosselin Moolenaar Schuitmaker
Baxter Green Moore Shaffer
Booher Hansen Mortimer Sheen
Brandenburg Hildenbrand Newell Stahl
Casperson Hoogendyk Nitz Stakoe
Caswell Huizenga Nofs Steil
Caul Hune Palmer Taub
DeRoche Jones Palsrok Van Regenmorter
Drolet Kahn Pastor Vander Veen
Elsenheimer Kooiman Pavlov Walker
Emmons LaJoy Pearce Ward
Farhat Law, David Proos Wenke
Gaffney Marleau Robertson
In The Chair: Kooiman
Rep. Meisner moved to amend the bill as follows:
1. Amend page 2, following line 25, by inserting:
"Enacting section 2. This amendatory act does not take effect unless House Bill No. 4739 of the 93rd Legislature is enacted into law.".
The question being on the adoption of the amendment offered by Rep. Meisner,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Meisner,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 710 Yeas--49
Accavitti Cushingberry Law, Kathleen Polidori
Adamini Dillon Leland Sak
Anderson Donigan Lemmons, III Sheltrown
Angerer Espinoza Lemmons, Jr. Smith, Alma
Bennett Farrah Lipsey Smith, Virgil
Bieda Gillard Mayes Spade
Brown Gleason McConico Tobocman
Byrnes Gonzales McDowell Vagnozzi
Byrum Hood Meisner Waters
Cheeks Hopgood Miller Williams
Clack Hunter Murphy Wojno
Clemente Kolb Plakas Zelenko
Condino
Nays--55
Amos Garfield Meyer Rocca
Ball Gosselin Moolenaar Schuitmaker
Baxter Green Moore Shaffer
Booher Hansen Mortimer Sheen
Brandenburg Hildenbrand Newell Stahl
Casperson Hoogendyk Nitz Stakoe
Caswell Huizenga Nofs Steil
Caul Hune Palmer Taub
DeRoche Jones Palsrok Van Regenmorter
Drolet Kahn Pastor Vander Veen
Elsenheimer Kooiman Pavlov Walker
Emmons LaJoy Pearce Ward
Farhat Law, David Proos Wenke
Gaffney Marleau Robertson
In The Chair: Kooiman
Rep. McDowell moved to amend the bill as follows:
1. Amend page 2, following line 25, by inserting:
"Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 185 of the 93rd Legislature is enacted into law.".
The question being on the adoption of the amendment offered by Rep. McDowell,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. McDowell,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 711 Yeas--53
Accavitti Cushingberry Law, Kathleen Polidori
Adamini Dillon Leland Rocca
Anderson Donigan Lemmons, III Sak
Angerer Espinoza Lemmons, Jr. Sheltrown
Bennett Farhat Lipsey Smith, Alma
Bieda Farrah Mayes Smith, Virgil
Brown Gillard McConico Spade
Byrnes Gleason McDowell Tobocman
Byrum Gonzales Meisner Vagnozzi
Casperson Hood Miller Waters
Cheeks Hopgood Moore Williams
Clack Hunter Murphy Wojno
Clemente Kolb Plakas Zelenko
Condino
Nays--50
Amos Green Moolenaar Schuitmaker
Ball Hansen Mortimer Shaffer
Baxter Hildenbrand Newell Sheen
Booher Hoogendyk Nitz Stahl
Brandenburg Huizenga Nofs Stakoe
Caswell Hune Palmer Steil
Caul Jones Palsrok Taub
DeRoche Kahn Pastor Van Regenmorter
Drolet Kooiman Pavlov Vander Veen
Elsenheimer LaJoy Pearce Walker
Gaffney Law, David Proos Ward
Garfield Marleau Robertson Wenke
Gosselin Meyer
In The Chair: Kooiman
Rep. Huizenga moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6213, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 14 (MCL 408.394), as amended by 1998 PA 37.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 712 Yeas--57
Amos Gosselin Meyer Rocca
Ball Green Moolenaar Schuitmaker
Baxter Hansen Moore Shaffer
Booher Hildenbrand Mortimer Sheen
Brandenburg Hoogendyk Newell Stahl
Casperson Huizenga Nitz Stakoe
Caswell Hummel Nofs Steil
Caul Hune Palmer Stewart
DeRoche Jones Palsrok Taub
Drolet Kahn Pastor Van Regenmorter
Elsenheimer Kooiman Pavlov Vander Veen
Emmons LaJoy Pearce Walker
Farhat Law, David Proos Ward
Gaffney Marleau Robertson Wenke
Garfield
Nays--49
Accavitti Cushingberry Law, Kathleen Polidori
Adamini Dillon Leland Sak
Anderson Donigan Lemmons, III Sheltrown
Angerer Espinoza Lemmons, Jr. Smith, Alma
Bennett Farrah Lipsey Smith, Virgil
Bieda Gillard Mayes Spade
Brown Gleason McConico Tobocman
Byrnes Gonzales McDowell Vagnozzi
Byrum Hood Meisner Waters
Cheeks Hopgood Miller Williams
Clack Hunter Murphy Wojno
Clemente Kolb Plakas Zelenko
Condino
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 713 Yeas--57
Amos Gosselin Meyer Rocca
Ball Green Moolenaar Schuitmaker
Baxter Hansen Moore Shaffer
Booher Hildenbrand Mortimer Sheen
Brandenburg Hoogendyk Newell Stahl
Casperson Huizenga Nitz Stakoe
Caswell Hummel Nofs Steil
Caul Hune Palmer Stewart
DeRoche Jones Palsrok Taub
Drolet Kahn Pastor Van Regenmorter
Elsenheimer Kooiman Pavlov Vander Veen
Emmons LaJoy Pearce Walker
Farhat Law, David Proos Ward
Gaffney Marleau Robertson Wenke
Garfield
Nays--49
Accavitti Cushingberry Law, Kathleen Polidori
Adamini Dillon Leland Sak
Anderson Donigan Lemmons, III Sheltrown
Angerer Espinoza Lemmons, Jr. Smith, Alma
Bennett Farrah Lipsey Smith, Virgil
Bieda Gillard Mayes Spade
Brown Gleason McConico Tobocman
Byrnes Gonzales McDowell Vagnozzi
Byrum Hood Meisner Waters
Cheeks Hopgood Miller Williams
Clack Hunter Murphy Wojno
Clemente Kolb Plakas Zelenko
Condino
In The Chair: Kooiman
______
Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
Rep. Ward moved that Senate Bill No. 1105 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 1105, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections43502, 43505, 43506, 43517, 43520, and 43525 (MCL 324.43502, 324.43505, 324.43506, 324.43517, 324.43520, and 324.43525), sections 43502, 43505, 43506, and 43525 as amended by 1996 PA 585 and sections 43517 and 43520 as added by 1995 PA 57.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 714 Yeas--103
Accavitti Espinoza Leland Robertson
Adamini Farhat Lemmons, III Rocca
Amos Farrah Lemmons, Jr. Sak
Anderson Gaffney Lipsey Schuitmaker
Angerer Garfield Marleau Shaffer
Ball Gillard Mayes Sheen
Baxter Gleason McConico Sheltrown
Bennett Gonzales McDowell Smith, Alma
Bieda Gosselin Meisner Smith, Virgil
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Steil
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Cheeks Hune Nofs Vander Veen
Clack Hunter Palmer Walker
Clemente Jones Palsrok Ward
Condino Kahn Pastor Waters
Cushingberry Kolb Pavlov Wenke
Dillon Kooiman Pearce Williams
Donigan LaJoy Plakas Wojno
Elsenheimer Law, David Polidori Zelenko
Emmons Law, Kathleen Proos
Nays--2
Drolet Stakoe
In The Chair: Kooiman
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,"
The House agreed to the full title.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 715 Yeas--99
Accavitti Espinoza Leland Proos
Adamini Farhat Lemmons, III Robertson
Amos Farrah Lemmons, Jr. Rocca
Anderson Gaffney Lipsey Sak
Angerer Garfield Marleau Schuitmaker
Ball Gillard Mayes Shaffer
Baxter Gleason McConico Sheen
Bennett Gonzales McDowell Sheltrown
Bieda Gosselin Meisner Smith, Virgil
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Steil
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones Palsrok Waters
Cushingberry Kahn Pastor Wenke
Dillon Kooiman Pavlov Williams
Donigan LaJoy Pearce Wojno
Elsenheimer Law, David Plakas Zelenko
Emmons Law, Kathleen Polidori
Nays--6
Caswell Kolb Stakoe Tobocman
Drolet Smith, Alma
In The Chair: Kooiman
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5192, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections43502, 43517, 43520, and 43525 (MCL 324.43502, 324.43517, 324.43520, and 324.43525), sections 43502 and 43525 as amended by 1996 PA 585 and sections 43517 and 43520 as added by 1995 PA 57.
(The bill was received from the Senate on May 24, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 25, see House Journal No. 51, p. 1283.)
The question being on concurring in the substitute (S-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. 716 Yeas--89
Adamini Farrah Lemmons, III Proos
Amos Gaffney Lemmons, Jr. Robertson
Anderson Garfield Marleau Rocca
Angerer Gillard Mayes Sak
Ball Gleason McConico Schuitmaker
Baxter Gonzales McDowell Shaffer
Bennett Gosselin Meisner Sheen
Booher Green Meyer Sheltrown
Brandenburg Hansen Miller Smith, Virgil
Brown Hildenbrand Moolenaar Spade
Byrnes Hoogendyk Moore Stahl
Byrum Hopgood Mortimer Steil
Casperson Huizenga Murphy Stewart
Caswell Hummel Newell Taub
Caul Hune Nitz Van Regenmorter
Clemente Hunter Nofs Vander Veen
Cushingberry Jones Palmer Walker
Dillon Kahn Palsrok Ward
Drolet Kooiman Pastor Waters
Elsenheimer LaJoy Pavlov Wenke
Emmons Law, David Pearce Williams
Espinoza Leland Polidori Zelenko
Farhat
Nays--16
Accavitti Condino Law, Kathleen Stakoe
Bieda Donigan Lipsey Tobocman
Cheeks Hood Plakas Vagnozzi
Clack Kolb Smith, Alma Wojno
In The Chair: Kooiman
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 717 Yeas--87
Adamini Farhat Lemmons, Jr. Robertson
Amos Farrah Marleau Rocca
Anderson Gaffney Mayes Sak
Angerer Garfield McConico Schuitmaker
Ball Gillard McDowell Shaffer
Baxter Gleason Meisner Sheen
Bennett Gonzales Meyer Sheltrown
Booher Gosselin Miller Smith, Virgil
Brandenburg Green Moolenaar Spade
Brown Hansen Moore Stahl
Byrnes Hildenbrand Mortimer Steil
Byrum Hoogendyk Murphy Stewart
Casperson Hopgood Newell Taub
Caswell Huizenga Nitz Van Regenmorter
Caul Hummel Nofs Vander Veen
Clemente Hune Palmer Walker
Cushingberry Jones Palsrok Ward
Dillon Kahn Pastor Waters
Drolet Kooiman Pavlov Wenke
Elsenheimer LaJoy Pearce Williams
Emmons Law, David Polidori Zelenko
Espinoza Leland Proos
Nays--17
Accavitti Donigan Law, Kathleen Stakoe
Bieda Hood Lipsey Tobocman
Cheeks Hunter Plakas Vagnozzi
Clack Kolb Smith, Alma Wojno
Condino
In The Chair: Kooiman
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5328, entitled
A bill to regulate the money transmission services business; to require the licensing of persons engaged in providing money transmission services; to prescribe powers and duties of certain state agencies and officials; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.
The Senate has passed the bill and ordered that it be given immediate effect.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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. 249.
A resolution to express support for the 25 x 25 vision that by 2025, Michigan and American farms and forests will provide 25 percent of the total energy consumed in the United States while continuing to produce safe, abundant, and affordable food, feed, and fiber.
(For text of resolution, see House Journal No. 39, p. 935.)
(The resolution was reported by the Committee on Agriculture on May 24, consideration of which, under the rules, was postponed until May 25.)
The question being on the adoption of the resolution,
The resolution was adopted.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Sheen moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 4971 and motion postponed for the day on June 15, see House Journal No. 61, p. 1609.
(For first notice see House Journal No. 60, p. 1592.)
The question being on the motion made previously by Rep. Sheen,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
______
Rep. Ward moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Introduction of Bills
Rep. Hildenbrand introduced
House Bill No. 6215, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80112 and 80113 (MCL 324.80112 and 324.80113), section 80112 as added by 1995 PA 58 and section 80113 as amended by 2000 PA 215.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Hoogendyk, Drolet and Pastor introduced
House Bill No. 6216, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1209.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Green introduced
House Bill No. 6217, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7o (MCL 211.7o), as amended by 2004 PA 576.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Cushingberry introduced
House Bill No. 6218, entitled
A bill to make, supplement, and adjust appropriations for the department of labor and economic growth for the fiscal year ending September 30, 2006; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Palmer introduced
House Bill No. 6219, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending the heading of part 23 and section 8803 (MCL 324.8803), as added by 1998 PA 287, and by adding part 86.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Rep. Palmer introduced
House Bill No. 6220, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8803 and 8807 (MCL 324.8803 and 324.8807), as added by 1998 PA 287.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Hoogendyk, Gosselin, Garfield, Baxter, Drolet, Pastor, Brandenburg, Schuitmaker, Taub, Steil, Jones and Marleau introduced
House Bill No. 6221, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 2 (MCL 408.382), as amended by 1997 PA 2.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Hoogendyk, Gosselin, Garfield, Baxter, Drolet, Pastor, Brandenburg and Steil introduced
House Bill No. 6222, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 2 (MCL 408.382), as amended by 1997 PA 2.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Mortimer introduced
House Bill No. 6223, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 8134 (MCL 500.8134), as amended by 1998 PA 279.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Mortimer introduced
House Bill No. 6224, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 8133a.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Mortimer introduced
House Bill No. 6225, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 8124a.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Mortimer introduced
House Bill No. 6226, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 8124 (MCL 500.8124), as added by 1989 PA 302.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Mortimer introduced
House Bill No. 6227, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 8111 (MCL 500.8111), as amended by 1992 PA 182.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Mortimer introduced
House Bill No. 6228, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7945 (MCL 500.7945), as amended by 1980 PA 41.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Mortimer introduced
House Bill No. 6229, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7941 (MCL 500.7941), as amended by 1990 PA 137.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Mortimer introduced
House Bill No. 6230, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7931 (MCL 500.7931), as amended by 1980 PA 41.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Mortimer introduced
House Bill No. 6231, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7925 (MCL 500.7925), as amended by 1980 PA 41.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Mortimer introduced
House Bill No. 6232, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7921 (MCL 500.7921), as amended by 1993 PA 200.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Mortimer introduced
House Bill No. 6233, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7918 (MCL 500.7918), as amended by 2001 PA 182.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Mortimer introduced
House Bill No. 6234, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7911 (MCL 500.7911), as amended by 1993 PA 200.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Mortimer introduced
House Bill No. 6235, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3503 (MCL 500.3503), as added by 2000 PA 252.
The bill was read a first time by its title and referred to the Committee on Insurance.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, June 14:
Senate Bill Nos. 1299 1300 1301 1302
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, June 15, for her approval of the following bills:
Enrolled House Bill No. 5014 at 2:30 p.m.
Enrolled House Bill No. 5015 at 2:32 p.m.
Enrolled House Bill No. 5125 at 2:34 p.m.
Enrolled House Bill No. 5396 at 2:36 p.m.
Enrolled House Bill No. 5977 at 2:38 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, June 16:
House Bill Nos. 6204 6205 6206 6207 6208 6209 6210 6211 6212 6214
Senate Bill Nos. 1309 1310 1311 1312 1313 1314
The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, June 20:
House Bill Nos. 6219 6220
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Moore, Accavitti, Anderson, Ball, Baxter, Bieda, Booher, Brandenburg, Caul, Clack, Elsenheimer, Espinoza, Garfield, Gillard, Gleason, Gonzales, Green, Hansen, Hildenbrand, Jones, Kolb, Kooiman, David Law, Lemmons, III, Lemmons, Jr., Marleau, McDowell, Meyer, Miller, Moolenaar, Mortimer, Murphy, Nitz, Palmer, Pastor, Pearce, Plakas, Polidori, Proos, Sak, Shaffer, Sheltrown, Alma Smith, Stahl, Stakoe, Stewart, Taub, Tobocman, Van Regenmorter, Vander Veen and Zelenko offered the following resolution:
House Resolution No. 276.
A resolution designating June 24, 2006, as Tuberous Sclerosis Awareness Day in the state of Michigan.
Whereas, It is important to increase awareness of Tuberous Sclerosis Complex (TSC) and support programs to increase research and improve treatment of Tuberous Sclerosis. It is also vital to improve training and support for individuals with Tuberous Sclerosis and those who care for individuals with Tuberous Sclerosis; and
Whereas, The Tuberous Sclerosis Alliance is the only national voluntary health organization dedicated to finding a cure for TSC and improving the lives of those affected through research, support, and education; and
Whereas, TSC affects an estimated 1 in very 6,000 live births in America; and
Whereas, TSC affects some people severely, while others are so mildly affected that it often goes undiagnosed; and
Whereas, People with TSC often develop epilepsy and autism. In fact, TSC is the leading known genetic cause of epilepsy and autism. Many other individuals encounter behavioral and learning problems. Despite this, many professionals in the medical and educational fields are still unaware of the best methods to diagnose and treat TSC; and
Whereas, The Tuberous Sclerosis Alliance of Michigan is hosting an opportunity to create awareness of Tuberous Sclerosis and raise funds for research programs and services titled "Step Forward to Cure Tuberous Sclerosis" on June 24, 2006; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body designate June 24, 2006, as Tuberous Sclerosis Awareness Day in the state of Michigan. We recognize and commend the families and individuals affected by TSC for their sacrifice and dedication in dealing with this devastating condition. We commend them for providing the special needs of both children and adults with TSC and for absorbing significant financial costs for treatment and support services; and be it further
Resolved, We stress the need to begin early intervention services soon after a child has been diagnosed with TSC. Earlyintervention strategies are the primary therapeutic options for young people with TSC, and early intervention significantly improves outcomes for people with TSC. Early intervention can reduce the level of funding and services needed later in life.
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. Elsenheimer, Accavitti, Anderson, Ball, Booher, Brandenburg, Caul, Espinoza, Farhat, Garfield, Gillard, Gleason, Gonzales, Green, Hansen, Hildenbrand, Jones, Kolb, Kooiman, David Law, Lemmons, III, Lemmons, Jr., Marleau, McDowell, Meyer, Miller, Moolenaar, Moore, Mortimer, Nitz, Palmer, Pastor, Pearce, Plakas, Polidori, Proos, Sak, Shaffer, Sheltrown, Alma Smith, Stahl, Stakoe, Stewart, Taub, Vander Veen and Zelenko offered the following resolution:
House Resolution No. 277.
A resolution to memorialize the United States Postal Service and the United States Congress to keep open the Gaylord, Michigan, mail processing center.
Whereas, Gaylord, Michigan, is the largest city in Otsego County, and one of the fastest growing and economically vibrant cities in northern Michigan. The Gaylord Post Office handles mail in the 487 zip codes, which covers a sprawling area from Grayling to Sault Saint Marie and from Petoskey to Alpena. The post office's mail plant processes packages and flats, such as magazines, newspapers, legal documents, and mail larger than letter-size; and
Whereas, In April 2006, the United States Postal Service concluded an Area Mail Processing (AMP) survey to determine whether or not to consolidate Gaylord mail processing operations into the Traverse City Processing & Distribution Center. The postal service is considering consolidation in order to reduce the $8 million deficit of the Greater Michigan Postal District, which includes Wisconsin, Illinois, and Indiana. District postal officials are expected to receive final word from Washington, D.C., in either June or July of this year; and
Whereas, If both packaging and flats processing are eliminated, then nearly 80 full-time employees are expected to be transferred out of the region to other postal facilities. This transfer will have a detrimental impact on the Gaylord economy as well-paying jobs flee the area. Moreover, closing the Gaylord mail processing operations will result in a lower standard of service because without the processing center mail cannot be delivered to this vast region in an efficient and timely manner; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the United States Postal Service and the United States Congress to keep open the Gaylord, Michigan, mail processing center; and be it further
Resolved, That copies of this resolution be transmitted to the United States Postmaster General, the President of the United States Senate, the Speaker of the House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Government Operations.
Reps. Nitz, Accavitti, Anderson, Ball, Baxter, Bieda, Booher, Brandenburg, Brown, Caul, Elsenheimer, Espinoza, Farhat, Garfield, Gillard, Gleason, Gonzales, Hansen, Hildenbrand, Jones, Kolb, Kooiman, David Law, Kathleen Law, Lemmons, III, Lemmons, Jr., Marleau, McDowell, Meyer, Miller, Moolenaar, Moore, Mortimer, Murphy, Pastor, Pearce, Plakas, Polidori, Proos, Sak, Shaffer, Sheltrown, Alma Smith, Stahl, Stakoe, Stewart, Taub, Vander Veen and Zelenko offered the following resolution:
House Resolution No. 278.
A resolution to recognize July 2-8, 2006, as Fun, Safe Swimming Week in the state of Michigan.
Whereas, Michigan is a popular vacation spot with more than 3,000 miles of Great Lakes shoreline, more than 11,000 inland lakes, and an abundant amount of streams and waterways; and
Whereas, Swimming is a popular form of summer exercise and recreation among people who want to strengthen their cardiovascular system and get a full body workout, or just cool off; and
Whereas, Summer is a time for families and friends to enjoy get-togethers and parties around pools and other water; and
Whereas, Every summer there are drownings, near-drownings, and diving accidents. We recommend that every family enroll its children in a safe swimming course; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize July 2-8, 2006, as Fun Safe Swimming Week 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.
Reports of Standing Committees
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 6138, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17211 and 17221 (MCL 333.17211 and 333.17221), section 17221 as amended by 1993 PA 79.
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. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 6141, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17011 (MCL 333.17011), as amended by 1993 PA 79, and by adding section 17026.
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. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 6142, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16411 and 16421 (MCL 333.16411 and 333.16421), section 16411 as amended by 2002 PA 734 and section 16421 as amended by 1993 PA 79.
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. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 6143, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 18211 and 18221 (MCL 333.18211 and 333.18221), section 18221 as amended by 1993 PA 79.
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. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 6148, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17511 (MCL 333.17511) and by adding section 17526.
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. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 6149, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 18011 and 18021 (MCL 333.18011 and 333.18021), section 18021 as amended by 1993 PA 79.
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, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 6150, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 18103, 18105, and 18115 (MCL 333.18103, 333.18105, and 333.18115), section 18103 as amended by 1993 PA 79, section 18105 as amended by 1989 PA 262, and section 18115 as added by 1988 PA 421.
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. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 6205, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17711 and 17721 (MCL 333.17711 and 333.17721), section 17721 as amended by 1993 PA 79.
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. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 6206, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17305 (MCL 333.17305), as added by 2001 PA 139.
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. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 6207, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16903, 16905, and 16907 (MCL 333.16903, 333.16905, and 333.16907), as added by 1995 PA 126.
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. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 6208, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17820, 17821, and 17903 (MCL 333.17820, 333.17821, and 333.17903), section 17820 as amended by 2005 PA 281, section 17821 as amended by 1993 PA 79, and section 17903 as added by 2006 PA 54.
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, Ward, Nofs, Ball, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
Senate Bill No. 403, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2004 PA 97, and by adding section 16346 and part 183A.
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, Ward, Nofs, Ball, Green, Mortimer, Wojno and McDowell
Nays: Reps. Angerer and Clack
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, June 20, 2006
Present: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason, Angerer and Clack
Absent: Rep. Kahn
Excused: Rep. Kahn
Messages from the Senate
June 20, 2006
This is to notify you that the Senate concurs with the request of the House of Representatives that the Governor return Enrolled House Bill No. 4596.
Sincerely,
Carol Morey Viventi, J.D.
Secretary of the Senate
The message was referred to the Clerk.
Communications from State Officers
The following communication from the Department of Human Services was received and read:
June 8, 2006
Pursuant to Section 1002 of P.A. 147 of 2005, we are enclosing a copy of the following reports:
Type of ReportFacilityReport #License #
Special Investigation Woodland Center 2006C0207010 CS470245817
This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under "News, Publications & Information" at the following address: http://www.michigan.gov/dhs/.
If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.
Sincerely,
Marianne Udow
Director
The communication was referred to the Clerk.
The following communication from the Office of the State Budget was received and read:
June 14, 2006
This letter transmits the "Statement of the Proportion of Total State Spending From State Sources Paid to Units of Local Government Legal Basis" for fiscal year 2004-2005, which has been prepared in accordance with Sections18.1115(5), 18.1303-18.1305, 18.1349, 18.1350, 18.1497, and 18.1498 of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 30 of the Michigan Constitution.
The computed percentage of total state spending from state sources paid to local governments for fiscal year 2004-2005 is 59.40%, which is $2.7 billion more than the minimum required.
The statement has been reviewed by the Office of the Auditor General and a copy of their independent accountant's review letter is enclosed.
If you have questions regarding this report, please contact Mr. Michael J. Moody, Director, Office of Financial Management, at 373-1010.
Sincerely,
Mary A. Lannoye
State Budget Director
The communication was referred to the Clerk.
Announcements by the Clerk
June 19, 2006
The Honorable Terri Lynn Land
Secretary of State
Lansing, Michigan
Dear Madam Secretary:
Attached is a copy of Enrolled House Bill No. 5860, which was presented to the Governor at 9:36 a.m. on June 5, 2006.
The time for approval or veto of this enrolled bill having expired at 9:36 a.m. on June 19, 2006 and no message from the Governor having been received by the House, the bill has, pursuant to the Constitution, become law without her signature.
Respectfully yours,
Gary L. Randall, Clerk
House of Representatives
(Filed with the Secretary of State June 19, 2006 at 11:36 a.m.)
This enrolled act was assigned Public Act No. 213, I.E.
______
Rep. Lipsey moved that the House adjourn.
The motion prevailed, the time being 3:20 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, June 21, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives