No. 58
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2003
House Chamber, Lansing, Tuesday, July 1, 2003.
10:00 a.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Garfield--present Meyer--present Sheen--present
Acciavatti--present Gieleghem--present Middaugh--present Sheltrown--present
Adamini--present Gillard--present Milosch--present Shulman--present
Amos--present Gleason--present Minore--present Smith--present
Anderson--present Hager--present Moolenaar--present Spade--present
Bieda--present Hardman--present Mortimer--present Stahl--present
Bisbee--present Hart--present Murphy--e/d/s Stakoe--present
Bradstreet--present Hood--present Newell--present Stallworth--present
Brandenburg--excused Hoogendyk--present Nitz--present Steil--present
Brown--present Hopgood--present Nofs--present Stewart--present
Byrum--present Howell--present O'Neil--excused Tabor--present
Casperson--present Huizenga--present Paletko--present Taub--present
Caswell--present Hummel--present Palmer--present Tobocman--present
Caul--present Hune--present Palsrok--present Vagnozzi--present
Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present
Clack--present Jamnick--present Pastor--present Vander Veen--present
Condino--present Johnson, Rick--present Phillips--e/d/s Voorhees--present
Daniels--e/d/s Johnson, Ruth--present Plakas--excused Walker--present
Dennis--e/d/s Julian--present Pumford--present Ward--present
DeRoche--present Koetje--present Reeves--present Waters--present
DeRossett--present Kolb--present Richardville--present Wenke--present
Drolet--present Kooiman--present Rivet--present Whitmer--present
Ehardt--present LaJoy--present Robertson--present Williams--present
Elkins--present LaSata--present Rocca--present Wojno--present
Emmons--present Law--present Sak--present Woodward--present
Farhat--present Lipsey--present Shackleton--present Woronchak--present
Farrah--present McConico--present Shaffer--present Zelenko--present
Gaffney--present Meisner--present
e/d/s = entered during session
Rep. Gary Newell, from the 87th District, offered the following invocation:
"Our Dear God and Heavenly Father, we come to You today in awe of Your mighty power. We come humbly thanking You for all that You have provided for us as individuals and as a nation. As we are about to celebrate the birth of our great nation some two hundred and twenty-seven years ago, we thank You for allowing us to live in a nation where we enjoy so many freedoms, including the freedom to worship. As we think about those great men, who had the courage and foresight to establish our great nation, we are also reminded of Your instruction to hold up in prayer, our leaders. We ask for Your blessing, Your guidance and Your wisdom for President Bush and the other leaders of our country as they make those difficult decisions that they are faced with on a daily basis. I also lift up in prayer, the leadership of this great state. We pray that You will guide our state leadership. We pray for wisdom and strength for my colleagues here in the legislature, as we face a week when many difficult decisions will have to be made. Let us never forget that our purpose is to serve the people of this great state as we serve our Lord and Savior. In Jesus' name. Amen."
______
Rep. Palmer moved that Rep. Brandenburg be excused from today's session.
The motion prevailed.
Rep. Waters moved that Rep. Plakas be excused from today's session.
The motion prevailed.
Rep. Waters moved that Rep. O'Neil be excused from this week's session.
The motion prevailed.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 55.
A resolution to memorialize the Congress of the United States to restore proposed cuts to the 21st Century Community Learning Centers program for after-school programs.
(For text of resolution, see House Journal No. 37, p. 528.)
(The resolution was reported by the Committee on Education on June 25, consideration of which, under the rules, was postponed until June 26.)
The question being on the adoption of the resolution,
The resolution was adopted.
Third Reading of Bills
Senate Bill No. 434, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 8727, 8729, 8731, 8733, 8735, 8827, 8829, and 8835 (MCL 600.8727, 600.8729, 600.8731, 600.8733, 600.8735, 600.8827, 600.8829, and 600.8835), sections 8727, 8729, 8731, and 8733 as added by 1994 PA 12 and sections 8735, 8827, 8829, and 8835 as added by 1995 PA 54.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 358 Yeas--98
Accavitti Gleason Middaugh Smith
Acciavatti Hager Milosch Spade
Adamini Hardman Minore Stahl
Amos Hart Moolenaar Stakoe
Anderson Hood Mortimer Stallworth
Bieda Hopgood Newell Steil
Bisbee Howell Nitz Stewart
Brown Huizenga Nofs Tabor
Byrum Hummel Paletko Taub
Casperson Hune Palsrok Tobocman
Caswell Hunter Pappageorge Vagnozzi
Caul Jamnick Pastor Van Regenmorter
Cheeks Johnson, Rick Pumford Vander Veen
Clack Johnson, Ruth Reeves Voorhees
Condino Julian Richardville Walker
DeRoche Koetje Rivet Ward
DeRossett Kolb Robertson Waters
Ehardt Kooiman Rocca Wenke
Elkins LaJoy Sak Whitmer
Emmons LaSata Shackleton Williams
Farhat Law Shaffer Wojno
Farrah Lipsey Sheen Woodward
Gaffney McConico Sheltrown Woronchak
Gieleghem Meisner Shulman Zelenko
Gillard Meyer
Nays--5
Bradstreet Garfield Hoogendyk Palmer
Drolet
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,"
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 435, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8381 (MCL 600.8381), as amended by 1996 PA 374.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 359 Yeas--91
Accavitti Gieleghem McConico Spade
Acciavatti Gillard Meisner Stakoe
Adamini Gleason Meyer Stallworth
Amos Hager Middaugh Steil
Anderson Hardman Minore Stewart
Bieda Hart Moolenaar Tabor
Bisbee Hood Mortimer Taub
Bradstreet Hopgood Newell Tobocman
Brown Howell Nitz Vagnozzi
Byrum Huizenga Paletko Van Regenmorter
Casperson Hummel Palsrok Vander Veen
Caswell Hune Pappageorge Voorhees
Caul Hunter Pumford Walker
Cheeks Jamnick Reeves Ward
Clack Johnson, Rick Richardville Waters
Condino Julian Rocca Wenke
DeRoche Koetje Sak Whitmer
DeRossett Kolb Shackleton Williams
Elkins Kooiman Shaffer Wojno
Emmons LaJoy Sheen Woodward
Farhat LaSata Sheltrown Woronchak
Farrah Law Shulman Zelenko
Gaffney Lipsey Smith
Nays--10
Drolet Johnson, Ruth Palmer Robertson
Garfield Milosch Pastor Stahl
Hoogendyk Nofs
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,"
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 439, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 181.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 360 Yeas--102
Accavitti Gillard Meyer Shulman
Acciavatti Gleason Middaugh Smith
Adamini Hager Milosch Spade
Amos Hardman Minore Stahl
Anderson Hart Moolenaar Stakoe
Bieda Hood Mortimer Stallworth
Bisbee Hoogendyk Newell Steil
Bradstreet Hopgood Nitz Stewart
Brown Howell Nofs Tabor
Byrum Huizenga Paletko Taub
Casperson Hummel Palmer Tobocman
Caswell Hune Palsrok Vagnozzi
Caul Hunter Pappageorge Van Regenmorter
Cheeks Jamnick Pastor Vander Veen
Clack Johnson, Rick Pumford Voorhees
Condino Johnson, Ruth Reeves Walker
DeRoche Julian Richardville Ward
DeRossett Koetje Rivet Waters
Drolet Kolb Robertson Wenke
Ehardt Kooiman Rocca Whitmer
Elkins LaJoy Sak Williams
Emmons LaSata Shackleton Wojno
Farhat Law Shaffer Woodward
Farrah Lipsey Sheen Woronchak
Gaffney McConico Sheltrown Zelenko
Gieleghem Meisner
Nays--1
Garfield
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,"
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 442, entitled
A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 16a, 44a, and 76a (MCL 780.766a, 780.794a, and 780.826a), as added by 2000 PA 503.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 361 Yeas--103
Accavitti Gieleghem Meisner Shulman
Acciavatti Gillard Meyer Smith
Adamini Gleason Middaugh Spade
Amos Hager Milosch Stahl
Anderson Hardman Minore Stakoe
Bieda Hart Moolenaar Stallworth
Bisbee Hood Mortimer Steil
Bradstreet Hoogendyk Newell Stewart
Brown Hopgood Nitz Tabor
Byrum Howell Nofs Taub
Casperson Huizenga Paletko Tobocman
Caswell Hummel Palmer Vagnozzi
Caul Hune Palsrok Van Regenmorter
Cheeks Hunter Pappageorge Vander Veen
Clack Jamnick Pastor Voorhees
Condino Johnson, Rick Pumford Walker
DeRoche Johnson, Ruth Reeves Ward
DeRossett Julian Richardville Waters
Drolet Koetje Rivet Wenke
Ehardt Kolb Robertson Whitmer
Elkins Kooiman Rocca Williams
Emmons LaJoy Sak Wojno
Farhat LaSata Shackleton Woodward
Farrah Law Shaffer Woronchak
Gaffney Lipsey Sheen Zelenko
Garfield McConico Sheltrown
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to establish the rights of victims of crime and juvenile offenses; to provide for certain procedures; to establish certain immunities and duties; to limit convicted criminals from deriving profit under certain circumstances; to prohibit certain conduct of employers or employers' agents toward victims; and to provide for penalties and remedies,"
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 444, entitled
A bill to amend 1994 PA 35, entitled "The forensic laboratory funding act," by amending sections 5, 6, and 7 (MCL 12.205, 12.206, and 12.207), section 6 as amended by 1998 PA 98.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 362 Yeas--102
Accavitti Gieleghem Meyer Shulman
Acciavatti Gillard Middaugh Smith
Adamini Gleason Milosch Spade
Amos Hager Minore Stahl
Anderson Hardman Moolenaar Stakoe
Bieda Hart Mortimer Stallworth
Bisbee Hood Newell Steil
Bradstreet Hoogendyk Nitz Stewart
Brown Hopgood Nofs Tabor
Byrum Howell Paletko Taub
Casperson Huizenga Palmer Tobocman
Caswell Hummel Palsrok Vagnozzi
Caul Hune Pappageorge Van Regenmorter
Cheeks Hunter Pastor Vander Veen
Clack Jamnick Pumford Voorhees
Condino Johnson, Rick Reeves Walker
DeRoche Johnson, Ruth Richardville Ward
DeRossett Julian Rivet Waters
Drolet Koetje Robertson Wenke
Ehardt Kooiman Rocca Whitmer
Elkins LaJoy Sak Williams
Emmons LaSata Shackleton Wojno
Farhat Law Shaffer Woodward
Farrah Lipsey Sheen Woronchak
Gaffney McConico Sheltrown Zelenko
Garfield Meisner
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to create the state forensic laboratory fund; to authorize local forensic laboratory funds; to provide for assessments against certain criminal defendants; to provide for expenditures from the forensic laboratories funds; to make certain appropriations; and to prescribe the powers and duties of certain departments and agencies and local units of government,"
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Dennis entered the House Chambers.
Senate Bill No. 447, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520m (MCL 750.520m), as amended by 2001 PA 89.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 363 Yeas--100
Accavitti Garfield McConico Sheltrown
Acciavatti Gieleghem Meisner Shulman
Adamini Gillard Meyer Smith
Amos Gleason Middaugh Spade
Anderson Hager Milosch Stahl
Bieda Hardman Minore Stakoe
Bisbee Hart Moolenaar Stallworth
Bradstreet Hood Mortimer Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga Paletko Tobocman
Caul Hummel Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pumford Voorhees
Dennis Johnson, Ruth Reeves Ward
DeRossett Julian Richardville Waters
Drolet Koetje Rivet Wenke
Ehardt Kolb Robertson Whitmer
Elkins Kooiman Rocca Williams
Emmons LaJoy Sak Wojno
Farhat LaSata Shackleton Woodward
Farrah Law Shaffer Woronchak
Gaffney Lipsey Sheen Zelenko
Nays--4
DeRoche Hune Pastor Walker
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,"
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 448, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3 of chapter XI (MCL 771.3), as amended by 1998 PA 520.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 364 Yeas--102
Accavitti Gieleghem Meyer Shulman
Acciavatti Gillard Middaugh Smith
Adamini Gleason Milosch Spade
Amos Hager Minore Stahl
Anderson Hardman Moolenaar Stakoe
Bisbee Hood Mortimer Stallworth
Bradstreet Hoogendyk Newell Steil
Brown Hopgood Nitz Stewart
Byrum Howell Nofs Tabor
Casperson Huizenga Paletko Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Rick Pumford Voorhees
Dennis Johnson, Ruth Reeves Walker
DeRoche Julian Richardville Ward
DeRossett Koetje Rivet Waters
Drolet Kolb Robertson Wenke
Ehardt Kooiman Rocca Whitmer
Elkins LaJoy Sak Williams
Emmons LaSata Shackleton Wojno
Farhat Law Shaffer Woodward
Farrah Lipsey Sheen Woronchak
Gaffney McConico Sheltrown Zelenko
Garfield Meisner
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,"
The House agreed to the full title.
Rep. Richardville moved to reconsider the vote by which the House passed the bill.
The motion prevailed, 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. 365 Yeas--104
Accavitti Garfield McConico Sheltrown
Acciavatti Gieleghem Meisner Shulman
Adamini Gillard Meyer Smith
Amos Gleason Middaugh Spade
Anderson Hager Milosch Stahl
Bieda Hardman Minore Stakoe
Bisbee Hart Moolenaar Stallworth
Bradstreet Hood Mortimer Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga Paletko Tobocman
Caul Hummel Palmer Vagnozzi
Cheeks Hune Palsrok Van Regenmorter
Clack Hunter Pappageorge Vander Veen
Condino Jamnick Pastor Voorhees
Dennis Johnson, Rick Pumford Walker
DeRoche Johnson, Ruth Reeves Ward
DeRossett Julian Richardville Waters
Drolet Koetje Rivet Wenke
Ehardt Kolb Robertson Whitmer
Elkins Kooiman Rocca Williams
Emmons LaJoy Sak Wojno
Farhat LaSata Shackleton Woodward
Farrah Law Shaffer Woronchak
Gaffney Lipsey Sheen Zelenko
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,"
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 449, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 22 of chapter XV (MCL 775.22), as added by 1993 PA 343.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 366 Yeas--104
Accavitti Garfield McConico Sheltrown
Acciavatti Gieleghem Meisner Shulman
Adamini Gillard Meyer Smith
Amos Gleason Middaugh Spade
Anderson Hager Milosch Stahl
Bieda Hardman Minore Stakoe
Bisbee Hart Moolenaar Stallworth
Bradstreet Hood Mortimer Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga Paletko Tobocman
Caul Hummel Palmer Vagnozzi
Cheeks Hune Palsrok Van Regenmorter
Clack Hunter Pappageorge Vander Veen
Condino Jamnick Pastor Voorhees
Dennis Johnson, Rick Pumford Walker
DeRoche Johnson, Ruth Reeves Ward
DeRossett Julian Richardville Waters
Drolet Koetje Rivet Wenke
Ehardt Kolb Robertson Whitmer
Elkins Kooiman Rocca Williams
Emmons LaJoy Sak Wojno
Farhat LaSata Shackleton Woodward
Farrah Law Shaffer Woronchak
Gaffney Lipsey Sheen Zelenko
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,"
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 462, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 312b, 312c, 811a, and 811b (MCL 257.312b, 257.312c, 257.811a, and 257.811b), section 312b as amended by 2000 PA 456, section 312c as amended by 1996 PA 345, section 811a as amended by 1992 PA 59, and section 811b as added by 1987 PA 85.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Reps. DeRossett and Anderson moved to amend the bill as follows:
1. Amend page 7, following line 26, by inserting:
"Enacting section 1. This amendatory act takes effect October 1, 2003.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 462, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 312b, 312c, 811a, and 811b (MCL 257.312b, 257.312c, 257.811a, and 257.811b), section 312b as amended by 2000 PA 456, section 312c as amended by 1996 PA 345, section 811a as amended by 1992 PA 59, and section 811b as added by 1987 PA 85.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 367 Yeas--103
Accavitti Garfield Meisner Shulman
Acciavatti Gieleghem Meyer Smith
Adamini Gillard Middaugh Spade
Amos Gleason Milosch Stahl
Anderson Hager Minore Stakoe
Bieda Hardman Moolenaar Stallworth
Bisbee Hart Mortimer Steil
Bradstreet Hood Newell Stewart
Brown Hoogendyk Nitz Tabor
Byrum Hopgood Nofs Taub
Casperson Howell Paletko Tobocman
Caswell Huizenga Palmer Vagnozzi
Caul Hummel Palsrok Van Regenmorter
Cheeks Hune Pappageorge Vander Veen
Clack Hunter Pastor Voorhees
Condino Jamnick Pumford Walker
Dennis Johnson, Rick Reeves Ward
DeRoche Julian Richardville Waters
DeRossett Koetje Rivet Wenke
Drolet Kolb Robertson Whitmer
Ehardt Kooiman Rocca Williams
Elkins LaJoy Sak Wojno
Emmons LaSata Shackleton Woodward
Farhat Law Shaffer Woronchak
Farrah Lipsey Sheen Zelenko
Gaffney McConico Sheltrown
Nays--1
Johnson, Ruth
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"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,"
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4802, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 540c (MCL 750.540c), as amended by 2002 PA 672.
The bill was read a second time.
Rep. Koetje moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville 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. 4802, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 540c (MCL 750.540c), as amended by 2002 PA 672.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 368 Yeas--104
Accavitti Garfield McConico Sheltrown
Acciavatti Gieleghem Meisner Shulman
Adamini Gillard Meyer Smith
Amos Gleason Middaugh Spade
Anderson Hager Milosch Stahl
Bieda Hardman Minore Stakoe
Bisbee Hart Moolenaar Stallworth
Bradstreet Hood Mortimer Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga Paletko Tobocman
Caul Hummel Palmer Vagnozzi
Cheeks Hune Palsrok Van Regenmorter
Clack Hunter Pappageorge Vander Veen
Condino Jamnick Pastor Voorhees
Dennis Johnson, Rick Pumford Walker
DeRoche Johnson, Ruth Reeves Ward
DeRossett Julian Richardville Waters
Drolet Koetje Rivet Wenke
Ehardt Kolb Robertson Whitmer
Elkins Kooiman Rocca Williams
Emmons LaJoy Sak Wojno
Farhat LaSata Shackleton Woodward
Farrah Law Shaffer Woronchak
Gaffney Lipsey Sheen Zelenko
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4675, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16611 (MCL 333.16611), as amended by 2002 PA 423.
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.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Tabor moved that Rep. DeRossett be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4675, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16611 (MCL 333.16611), as amended by 2002 PA 423.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 369 Yeas--103
Accavitti Gieleghem Meisner Shulman
Acciavatti Gillard Meyer Smith
Adamini Gleason Middaugh Spade
Amos Hager Milosch Stahl
Anderson Hardman Minore Stakoe
Bieda Hart Moolenaar Stallworth
Bisbee Hood Mortimer Steil
Bradstreet Hoogendyk Newell Stewart
Brown Hopgood Nitz Tabor
Byrum Howell Nofs Taub
Casperson Huizenga Paletko Tobocman
Caswell Hummel Palmer Vagnozzi
Caul Hune Palsrok Van Regenmorter
Cheeks Hunter Pappageorge Vander Veen
Clack Jamnick Pastor Voorhees
Condino Johnson, Rick Pumford Walker
Dennis Johnson, Ruth Reeves Ward
DeRoche Julian Richardville Waters
Drolet Koetje Rivet Wenke
Ehardt Kolb Robertson Whitmer
Elkins Kooiman Rocca Williams
Emmons LaJoy Sak Wojno
Farhat LaSata Shackleton Woodward
Farrah Law Shaffer Woronchak
Gaffney Lipsey Sheen Zelenko
Garfield McConico Sheltrown
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Vander Veen to the Chair.
Second Reading of Bills
Senate Bill No. 230, entitled
A bill to amend 1917 PA 167, entitled "Housing law of Michigan," by amending section 134 (MCL 125.534).
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Regulatory Reform (for amendment, see House Journal No. 55, p. 1010),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4632, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 394 (MCL 750.394).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Justice,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4633, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16s of chapter XVII (MCL 777.16s), as amended by 2000 PA 279.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Justice,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Daniels entered the House Chambers.
Senate Bill No. 163, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 6, 8, and 8c (MCL 125.2686, 125.2688, and 125.2688c), section 6 as amended by 2002 PA 478, section 8 as amended by 1999 PA 139, and section 8c as added by 2000 PA 259.
The bill was read a second time.
Rep. Huizenga moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4480, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending the title and sections 2 and 13 (MCL 125.2652 and 125.2663), section 2 as amended by 2002 PA 254 and section 13 as amended by 2002 PA 727.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Land Use and Environment,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Robertson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4481, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7gg.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Land Use and Environment,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Stallworth moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4482, entitled
A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to clarify the ownership of certain parcels of property; to prescribe the powers and duties of certain local government officials; and to provide penalties.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Land Use and Environment,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. DeRossett moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4483, entitled
A bill to provide for the creation of local land banks to assist governmental entities in the assembly and clearance of title to property in a coordinated manner; to facilitate the use and development of certain property; to promote economic growth; to prescribe the powers and duties of certain land banks; to provide for the creation and appointment of boards to govern land banks and to prescribe their powers and duties; to authorize the acquisition, maintenance, and disposal of interests in real and personal property; to authorize the conveyance of certain properties to a land bank; to authorize the enforcement of tax liens and the clearing or quieting of title by a land bank; to provide for the distribution and use of revenues collected or received by a land bank; to prescribe powers and duties of certain public entities and state and local officers and agencies; to authorize the transfer and acceptance of property in lieu of taxes and the release of tax liens; to exempt property, income, and operations of a land bank from tax; and to extend protections against certain liabilities to a land bank.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Land Use and Environment,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Kolb moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 130, entitled
A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 9 (MCL 207.779), as amended by 2001 PA 217.
The bill was read a second time.
Rep. Huizenga moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 131, entitled
A bill to amend 1993 PA 330, entitled "State real estate transfer tax act," by amending section 6 (MCL 207.526), as amended by 2000 PA 203.
The bill was read a second time.
Rep. Huizenga moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 132, entitled
A bill to amend 2002 PA 27, entitled "An act to establish procedures for municipalities to designate individual lots or structures as blighting; to purchase or condemn blighting property; to transfer blighting property for development; and to repeal acts and parts of acts," by amending section 2 (MCL 125.2802).
The bill was read a second time.
Rep. Huizenga moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 134, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 20 (MCL 388.1620), as amended by 2002 PA 521.
The bill was read a second time.
Rep. Huizenga moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 135, entitled
A bill to amend 1993 PA 92, entitled "Seller disclosure act," by amending section 7 (MCL 565.957), as amended by 2000 PA 13.
The bill was read a second time.
Rep. Huizenga moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Joint Resolution G, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 5 of article XI, to establish a hiring preference for veterans in the classified state civil service.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Veterans Affairs and Homeland Security,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Garfield moved that the joint resolution be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Richardville moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Reps. Phillips and Murphy entered the House Chambers.
Quorum Call
Rep. Richardville questioned the presence of a quorum and moved that the roll be called and printed in the Journal.
The motion prevailed.
The roll was called and the Clerk announced that a quorum was present.
The following is the roll call:
Roll Call No. 370 Yeas--96
Accavitti Farrah Meisner Smith
Acciavatti Gaffney Meyer Spade
Adamini Garfield Middaugh Stahl
Amos Gieleghem Milosch Stakoe
Anderson Gillard Minore Stallworth
Bieda Gleason Moolenaar Steil
Bisbee Hager Murphy Stewart
Bradstreet Hardman Newell Tabor
Brown Hood Nitz Taub
Byrum Hoogendyk Nofs Tobocman
Casperson Hopgood Paletko Vagnozzi
Caswell Hummel Palmer Van Regenmorter
Caul Hune Palsrok Vander Veen
Cheeks Jamnick Pappageorge Voorhees
Clack Johnson, Rick Phillips Walker
Condino Johnson, Ruth Pumford Ward
Daniels Julian Richardville Waters
Dennis Koetje Rivet Wenke
DeRoche Kolb Robertson Whitmer
DeRossett Kooiman Rocca Williams
Drolet LaJoy Sak Wojno
Elkins LaSata Sheen Woodward
Emmons Law Sheltrown Woronchak
Farhat McConico Shulman Zelenko
In The Chair: Vander Veen
______
The Speaker Pro Tempore resumed the Chair.
House Bill No. 4685, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 27 (MCL 42.27), as amended by 1988 PA 82.
The bill was read a second time.
Rep. Stewart moved to amend the bill as follows:
1. Amend page 1, line 1, after "(1)" by striking out "Prior" and inserting "Except as otherwise provided by this subsection, prior".
2. Amend page 1, line 7, after "property." by inserting "If a township operates on a calendar year budget cycle, a public hearing on the proposed budget shall be held not later than December 15 and adopted not later than December 31, in the year preceding the calendar year covered by the budget.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Stewart moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Hune moved that Rep. Shaffer be excused temporarily from today's session.
The motion prevailed.
Rep. Pumford moved that Rep. Hart be excused temporarily from today's session.
The motion prevailed.
Rep. Smith moved that Rep. Tobocman be excused temporarily from today's session.
The motion prevailed.
Rep. Palmer moved that Reps. Pastor and Mortimer be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4685, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 27 (MCL 42.27), as amended by 1988 PA 82.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 371 Yeas--98
Accavitti Gaffney McConico Sheltrown
Acciavatti Garfield Meisner Smith
Adamini Gieleghem Meyer Spade
Amos Gillard Middaugh Stahl
Anderson Gleason Milosch Stakoe
Bieda Hager Minore Stallworth
Bisbee Hardman Moolenaar Steil
Bradstreet Hood Murphy Stewart
Brown Hoogendyk Newell Tabor
Byrum Hopgood Nitz Taub
Casperson Huizenga Nofs Vagnozzi
Caswell Hummel Paletko Van Regenmorter
Caul Hune Palmer Vander Veen
Cheeks Hunter Palsrok Voorhees
Clack Jamnick Pappageorge Walker
Condino Johnson, Rick Phillips Ward
Daniels Johnson, Ruth Pumford Waters
Dennis Julian Reeves Wenke
DeRoche Koetje Richardville Whitmer
DeRossett Kolb Rivet Williams
Drolet Kooiman Robertson Wojno
Elkins LaJoy Rocca Woodward
Emmons LaSata Sak Woronchak
Farhat Law Sheen Zelenko
Farrah Lipsey
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4719, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 2002 PA 521.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Education,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Clack moved to amend the bill as follows:
1. Amend page 13, following line 12, by inserting:
"(v) The district provides at least 2 nonconsecutive hours of instruction per week to the pupil at the pupil's home under the supervision of a certificated teacher.".
The question being on the adoption of the amendment offered by Rep. Clack,
Rep. Clack demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Clack,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 372 Yeas--45
Accavitti Farrah Lipsey Smith
Adamini Gieleghem Meisner Spade
Anderson Gillard Minore Stallworth
Bieda Gleason Murphy Tobocman
Brown Hardman Nofs Vagnozzi
Byrum Hood Paletko Waters
Cheeks Hopgood Phillips Whitmer
Clack Hunter Reeves Williams
Condino Jamnick Rivet Wojno
Daniels Kolb Sak Woodward
Dennis Law Sheltrown Zelenko
Elkins
Nays--54
Acciavatti Hager Middaugh Shulman
Amos Hoogendyk Milosch Stahl
Bisbee Howell Moolenaar Stakoe
Bradstreet Huizenga Newell Steil
Casperson Hummel Nitz Tabor
Caswell Hune Palmer Taub
Caul Johnson, Rick Palsrok Van Regenmorter
DeRoche Johnson, Ruth Pappageorge Vander Veen
DeRossett Julian Richardville Voorhees
Drolet Koetje Robertson Walker
Emmons Kooiman Rocca Ward
Farhat LaJoy Shackleton Wenke
Gaffney LaSata Sheen Woronchak
Garfield Meyer
In The Chair: Julian
Rep. Casperson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville 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. 4719, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 2002 PA 521.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 373 Yeas--65
Acciavatti Gillard Middaugh Sheen
Amos Hager Milosch Sheltrown
Bisbee Hart Moolenaar Shulman
Bradstreet Hoogendyk Mortimer Spade
Brown Howell Newell Stahl
Casperson Huizenga Nitz Stakoe
Caswell Hummel Nofs Steil
Caul Hune Palmer Tabor
DeRoche Johnson, Rick Palsrok Taub
DeRossett Johnson, Ruth Pappageorge Van Regenmorter
Drolet Julian Richardville Vander Veen
Ehardt Koetje Rivet Voorhees
Elkins Kooiman Robertson Walker
Emmons LaJoy Rocca Ward
Farhat LaSata Sak Wenke
Gaffney Meyer Shackleton Woronchak
Garfield
Nays--38
Accavitti Farrah Lipsey Stallworth
Adamini Gieleghem McConico Tobocman
Anderson Gleason Meisner Vagnozzi
Bieda Hardman Minore Waters
Byrum Hood Murphy Whitmer
Cheeks Hopgood Paletko Williams
Clack Hunter Phillips Wojno
Condino Jamnick Reeves Woodward
Daniels Kolb Smith Zelenko
Dennis Law
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Reps. Accavitti, Farrah, Kolb, Law, Smith, Waters, Murphy, Dennis and Hopgood, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 4719 (H-2) because it does not include proper pupil/instructor contact for many of the students in the State who would be receiving their learning via distance learning. The testimony from those in the field talked about face-to-face meeting time with an instructor for two nonconsecutive hours each week. Currently, that is only required for children learning at home due to disciplinary problems. An amendment was offered by Representative Clack to require that all pupils being counted would have to receive that one-on-one time with an instructor. The amendment was defeated. For that reason I cannot support this bill. All students deserve this personal attention regardless of the reason for which they are receiving their education via distance learning. For that reason, I voted no on House Bill 4719."
Rep. Meisner, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
The basis for my opposition to HB 4719 stems from my concern regarding some of its unintended consequences and from a refusal to accept a very reasonable amendment that would have addressed some of my concerns. Distance learning is a good thing, and very necessary in certain parts of our great state. What is not necessary, however, is to leave children as young as five years old unattended with the hopes that a computer program will keep them engaged and away from delinquent behavior. A defeated amendment would have required at least two hours of supervision of distance learning students by an actual person. Without this provision, I can not support this bill, especially at a time when juvenile crime trends are starting to twitch upwards."
Rep. Bieda, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 4719 [H-2] because it does not include proper pupil/instructor contact for many of the students in the State who would be receiving their education via distance learning."
Second Reading of Bills
House Bill No. 4806, entitled
A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending section 1 (MCL 125.1651), as amended by 1997 PA 202.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Taub moved to amend the bill as follows:
1. Amend page 9, following line 9, by inserting:
"(ix) An obligation issued or incurred by a municipality under a contract with a county road commission executed before October 1, 1993 to implement a project described in a tax increment finance plan approved by the municipality under this act before August 19, 1993. This subsection shall apply to the capture of tax increment revenues for taxes levied in 1994 and subsequent years.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. LaJoy moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville 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. 4806, entitled
A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending section 1 (MCL 125.1651), as amended by 1997 PA 202.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 374 Yeas--105
Accavitti Garfield McConico Sheltrown
Acciavatti Gieleghem Meisner Shulman
Adamini Gillard Meyer Smith
Amos Gleason Middaugh Spade
Anderson Hager Milosch Stahl
Bieda Hardman Minore Stakoe
Bisbee Hart Moolenaar Stallworth
Bradstreet Hood Mortimer Steil
Brown Hoogendyk Murphy Stewart
Byrum Hopgood Newell Tabor
Casperson Howell Nitz Taub
Caswell Huizenga Nofs Tobocman
Caul Hummel Paletko Vagnozzi
Cheeks Hune Palmer Van Regenmorter
Clack Hunter Palsrok Vander Veen
Condino Jamnick Pappageorge Voorhees
Daniels Johnson, Rick Phillips Walker
Dennis Johnson, Ruth Pumford Ward
DeRoche Julian Reeves Waters
DeRossett Koetje Richardville Wenke
Drolet Kolb Rivet Whitmer
Ehardt Kooiman Robertson Williams
Elkins LaJoy Rocca Wojno
Emmons LaSata Sak Woodward
Farhat Law Shackleton Woronchak
Farrah Lipsey Sheen Zelenko
Gaffney
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Stewart, Rocca, DeRossett, Richardville, Bisbee, Voorhees, LaSata, Ehardt, Meyer, Julian, Vander Veen, Howell, Paletko, Pastor, Taub, Stakoe, Garfield, Hune, Ward, Steil, Farhat and Mortimer were named co-sponsors of the bill.
Rep. Richardville moved that Senate Bill No. 230 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 230, entitled
A bill to amend 1917 PA 167, entitled "Housing law of Michigan," by amending section 134 (MCL 125.534).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 375 Yeas--103
Accavitti Gillard Middaugh Shulman
Acciavatti Gleason Milosch Smith
Adamini Hager Minore Spade
Amos Hardman Moolenaar Stahl
Anderson Hart Mortimer Stakoe
Bieda Hood Murphy Stallworth
Bisbee Hoogendyk Newell Steil
Brown Hopgood Nitz Stewart
Byrum Howell Nofs Tabor
Casperson Huizenga Paletko Taub
Caswell Hummel Palmer Tobocman
Caul Hunter Palsrok Vagnozzi
Cheeks Jamnick Pappageorge Van Regenmorter
Clack Johnson, Rick Pastor Vander Veen
Condino Johnson, Ruth Phillips Voorhees
Daniels Julian Pumford Walker
Dennis Koetje Reeves Ward
DeRossett Kolb Richardville Waters
Ehardt Kooiman Rivet Wenke
Elkins LaJoy Robertson Whitmer
Emmons LaSata Rocca Williams
Farhat Law Sak Wojno
Farrah Lipsey Shackleton Woodward
Gaffney McConico Shaffer Woronchak
Garfield Meisner Sheen Zelenko
Gieleghem Meyer Sheltrown
Nays--4
Bradstreet DeRoche Drolet Hune
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to promote the health, safety and welfare of the people by regulating the maintenance, alteration, health, safety, and improvement of dwellings; to define the classes of dwellings affected by the act, and to establish administrative requirements; to prescribe procedures for the maintenance, improvement, or demolition of certain commercial buildings; to establish remedies; to provide for enforcement; to provide for the demolition of certain dwellings; and to fix penalties for the violation of this act,"
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4657, entitled
A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 4 (MCL 290.644), as amended by 1986 PA 127.
(The bill was received from the Senate on June 25, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 26, see House Journal No. 56, p. 1100.)
The question being on concurring in the amendment made to the bill by the Senate,
Rep. Anderson moved to amend the Senate amendment as follows:
1. Amend the Senate amendment after "act" by striking out the balance of the sentence and inserting "shall not take effect until January 1, 2004, or until the energy policy act of 2003, or the safe, accountable, flexible, and efficient transportation equity act of 2003 is passed by the 108th Congress, whichever comes first.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
The Senate amendment, as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 376 Yeas--88
Acciavatti Gillard Middaugh Sheen
Amos Gleason Milosch Sheltrown
Bisbee Hager Moolenaar Shulman
Bradstreet Hart Mortimer Spade
Brown Hoogendyk Murphy Stahl
Byrum Hopgood Newell Stallworth
Casperson Howell Nitz Steil
Caswell Huizenga Nofs Stewart
Caul Hummel Paletko Tabor
Condino Hune Palmer Taub
Daniels Hunter Palsrok Van Regenmorter
DeRoche Johnson, Rick Pappageorge Vander Veen
DeRossett Johnson, Ruth Pastor Voorhees
Drolet Julian Phillips Walker
Ehardt Koetje Pumford Ward
Elkins Kooiman Richardville Waters
Emmons LaJoy Rivet Wenke
Farhat LaSata Robertson Whitmer
Farrah Law Rocca Williams
Gaffney McConico Sak Woodward
Garfield Meisner Shackleton Woronchak
Gieleghem Meyer Shaffer Zelenko
Nays--19
Accavitti Clack Kolb Stakoe
Adamini Dennis Lipsey Tobocman
Anderson Hardman Minore Vagnozzi
Bieda Hood Reeves Wojno
Cheeks Jamnick Smith
In The Chair: Julian
The House agreed to the full title of the bill.
______
Rep. Minore, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I opposed passage of this bill--in spite of wanting to encourage the use of ethanol blending--because I believe consumers have a right to know what additives are in their petroleum products. This bill would seem to be anti-consumer, even if the issue is a relatively benign one."
Rep. Dennis, having reserved the right to explain her nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB4657 because I believe that the consumer has the right to know about the make up of the fuel one is putting into one's automobile."
Rep. Bieda, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted no on concurring with HB 4657 because I strongly believe that consumers have the right to know what additives are in their gasoline. Some motorists believe that ethanol affects the performance of their automobiles--they should be able to make an informed choice. In addition, I am concerned on how federal tax credits on ethanol fuel would result in a reduction in the amount that goes into the Federal Highway Trust Fund--according to testimony heard in committee, this could result in a loss of an estimated $50 million in federal highway funds."
Third Reading of Bills
Rep. Richardville moved that House Bill No. 4632 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4632, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 394 (MCL 750.394).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 377 Yeas--107
Accavitti Garfield Meisner Sheltrown
Acciavatti Gieleghem Meyer Shulman
Adamini Gillard Middaugh Smith
Amos Gleason Milosch Spade
Anderson Hager Minore Stahl
Bieda Hardman Moolenaar Stakoe
Bisbee Hart Mortimer Stallworth
Bradstreet Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga Paletko Tobocman
Caul Hummel Palmer Vagnozzi
Cheeks Hune Palsrok Van Regenmorter
Clack Hunter Pappageorge Vander Veen
Condino Jamnick Pastor Voorhees
Daniels Johnson, Rick Phillips Walker
Dennis Johnson, Ruth Pumford Ward
DeRoche Julian Reeves Waters
DeRossett Koetje Richardville Wenke
Drolet Kolb Rivet Whitmer
Ehardt Kooiman Robertson Williams
Elkins LaJoy Rocca Wojno
Emmons LaSata Sak Woodward
Farhat Law Shackleton Woronchak
Farrah Lipsey Shaffer Zelenko
Gaffney McConico Sheen
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Richardville moved that House Bill No. 4633 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4633, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16s of chapter XVII (MCL 777.16s), as amended by 2000 PA 279.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 378 Yeas--106
Accavitti Gieleghem Meyer Sheltrown
Acciavatti Gillard Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Stallworth
Brown Hoogendyk Newell Steil
Byrum Hopgood Nitz Stewart
Casperson Howell Nofs Tabor
Caswell Huizenga Paletko Taub
Caul Hummel Palmer Tobocman
Cheeks Hune Palsrok Vagnozzi
Clack Hunter Pappageorge Van Regenmorter
Condino Jamnick Pastor Vander Veen
Daniels Johnson, Rick Phillips Voorhees
Dennis Johnson, Ruth Pumford Walker
DeRoche Julian Reeves Ward
DeRossett Koetje Richardville Waters
Drolet Kolb Rivet Wenke
Ehardt Kooiman Robertson Whitmer
Elkins LaJoy Rocca Williams
Emmons LaSata Sak Wojno
Farhat Law Shackleton Woodward
Farrah Lipsey Shaffer Woronchak
Gaffney McConico Sheen Zelenko
Garfield Meisner
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4716, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1526 and 1531 (MCL 380.1526 and 380.1531), section 1526 as amended by 1995 PA 289 and section 1531 as amended by 2000 PA 497.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Education,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Spade moved to amend the bill as follows:
1. Amend page 4, line 25, after "shall" by inserting "consider the recommendations and may".
The question being on the adoption of the amendment offered by Rep. Spade,
Rep. Spade demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Spade,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 379 Yeas--47
Accavitti Farrah McConico Spade
Adamini Gieleghem Meisner Stallworth
Anderson Gillard Minore Stewart
Bieda Gleason Murphy Tobocman
Brown Hardman Paletko Vagnozzi
Byrum Hood Phillips Waters
Cheeks Hopgood Pumford Whitmer
Clack Hunter Reeves Williams
Condino Jamnick Rivet Wojno
Daniels Kolb Sak Woodward
Dennis Law Sheltrown Zelenko
Elkins Lipsey Smith
Nays--59
Acciavatti Hager Milosch Sheen
Amos Hart Moolenaar Shulman
Bisbee Hoogendyk Mortimer Stahl
Bradstreet Howell Newell Stakoe
Casperson Huizenga Nitz Steil
Caswell Hummel Nofs Tabor
Caul Hune Palmer Taub
DeRoche Johnson, Rick Palsrok Van Regenmorter
DeRossett Johnson, Ruth Pappageorge Vander Veen
Drolet Koetje Pastor Voorhees
Ehardt Kooiman Richardville Walker
Emmons LaJoy Robertson Ward
Farhat LaSata Rocca Wenke
Gaffney Meyer Shackleton Woronchak
Garfield Middaugh Shaffer
In The Chair: Julian
Rep. Nofs moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville 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. 4716, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1526 and 1531 (MCL 380.1526 and 380.1531), section 1526 as amended by 1995 PA 289 and section 1531 as amended by 2000 PA 497.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 380 Yeas--61
Acciavatti Hager Middaugh Shaffer
Amos Hart Milosch Sheen
Bisbee Hoogendyk Moolenaar Shulman
Bradstreet Howell Mortimer Stahl
Casperson Huizenga Newell Stakoe
Caswell Hummel Nitz Steil
Caul Hune Nofs Tabor
DeRoche Johnson, Rick Palmer Taub
DeRossett Johnson, Ruth Palsrok Van Regenmorter
Drolet Julian Pappageorge Vander Veen
Ehardt Koetje Pastor Voorhees
Emmons Kooiman Richardville Walker
Farhat LaJoy Robertson Ward
Gaffney LaSata Rocca Wenke
Garfield Meyer Shackleton Woronchak
Gleason
Nays--46
Accavitti Farrah Meisner Spade
Adamini Gieleghem Minore Stallworth
Anderson Gillard Murphy Stewart
Bieda Hardman Paletko Tobocman
Brown Hood Phillips Vagnozzi
Byrum Hopgood Pumford Waters
Cheeks Hunter Reeves Whitmer
Clack Jamnick Rivet Williams
Condino Kolb Sak Wojno
Daniels Law Sheltrown Woodward
Dennis Lipsey Smith Zelenko
Elkins McConico
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Reps. Hopgood, Gillard, Law, Accavitti, Waters and Elkins, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 4716 (H-2) because while it states it is establishing an 'advisory' committee, in fact, the Superintendent of Public Instruction would be required to adopt the recommendations of that committee. Having the teacher certification requirements reviewed by professionals in the department, principals, teachers, school board members, and a representative of an approved teacher education institution is a wonderful idea. Their insight into the process is invaluable. However, the Superintendent should not be mandated to change rules based on the recommendations. Representative Spade had offered an amendment to make the committee truly advisory in nature; however, that amendment was defeated. Therefore, I cannot support the bill in its current form, and that is why I voted no on House Bill 4716."
Rep. Bieda, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
First of all I would like to commend the sponsor of this legislation for his hard work. After due consideration, I voted against final passage of HB 4716 because although its intent is to create an 'advisory committee,' the bill actually creates a new committee that would have the unilateral authority to change the state's teacher certification and mentoring programs. Under current law, these policies are developed by the State Superintendent of Public Instruction and the professional staff in the Department of Education. They make changes in the policies and programs following the advice of four expert advisory committees. HB 4716 expands government by adding a fifth 'advisory' committee. But, unlike the other committees of advisors, this new committee's recommendations would have to be implemented by the state superintendent no later than one year after the committee issued its report. In my opinion, this bill would give to the members of the committee far too much authority, and would invite the committee to ignore both carefully developed policies, and many well-informed policymakers. This would result in an unconscionable abdication of decision-making authority on the part of both appointed and elected policymakers in the Department."
Rep. Richardville moved that Senate Bill No. 163 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 163, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 6, 8, and 8c (MCL 125.2686, 125.2688, and 125.2688c), section 6 as amended by 2002 PA 478, section 8 as amended by 1999 PA 139, and section 8c as added by 2000 PA 259.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 381 Yeas--83
Accavitti Hager Milosch Shulman
Acciavatti Hart Moolenaar Spade
Amos Hoogendyk Mortimer Stahl
Anderson Howell Newell Stakoe
Bisbee Huizenga Nitz Steil
Bradstreet Hummel Nofs Stewart
Brown Hune Paletko Tabor
Casperson Hunter Palmer Taub
Caswell Johnson, Rick Palsrok Van Regenmorter
Caul Johnson, Ruth Pappageorge Vander Veen
DeRoche Julian Pastor Voorhees
DeRossett Koetje Phillips Walker
Ehardt Kolb Richardville Ward
Elkins Kooiman Rivet Wenke
Emmons LaJoy Robertson Whitmer
Farhat LaSata Rocca Williams
Gaffney Law Sak Wojno
Garfield McConico Shackleton Woodward
Gieleghem Meisner Shaffer Woronchak
Gillard Meyer Sheen Zelenko
Gleason Middaugh Sheltrown
Nays--21
Bieda Drolet Jamnick Smith
Byrum Farrah Lipsey Stallworth
Cheeks Hardman Minore Tobocman
Clack Hood Murphy Vagnozzi
Condino Hopgood Reeves Waters
Daniels
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,"
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Mortimer, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call No. 371. Had I been present, I would have voted 'yea'."
______
Reps. Hopgood, Byrum and Farrah, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted against Senate Bill 163 because of the significant fiscal impact on state and local government. It would drastically reduce revenues to the state and to local units of government, and increase General Fund expenditures. Businesses and residents within an Agriculture Renaissance Zone receive exemptions, credits or deductions from property taxes, State and local income taxes, the single business tax, the state education tax, and a variety of other taxes for up to fifteen years.
It is not even possible to estimate the fiscal impact of this legislation. Renaissance Zones are far too new, and there has not been a sufficient amount of time to evaluate the benefits and costs associated with it. At a minimum, this legislation should have been delayed until a source of revenue could be identified to replace the forgone tax revenues. For these reasons I voted no on Senate Bill 163."
Rep. Bieda, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on Senate Bill 163, a bill that amends the Michigan Renaissance Zone Act to increase the current number of Agricultural Processing Facility Renaissance Zones because there is a significant but indeterminate fiscal impact to state and local governments, and because the Renaissance Zone legislation itself is too new to determine whether it is providing the promised economic benefits. In other words, this legislature just voted to pass a bill in which we don't know how much it will cost, and at the same time, not being sure of whether the promise of new investment and job creation has been achieved. The legislature would have been wise to determine how the existing legislation is working (or not working) prior to expanding it."
Rep. Richardville moved that House Bill No. 4480 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4480, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending the title and sections 2 and 13 (MCL 125.2652 and 125.2663), section 2 as amended by 2002 PA 254 and section 13 as amended by 2002 PA 727.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 382 Yeas--107
Accavitti Garfield Meisner Sheltrown
Acciavatti Gieleghem Meyer Shulman
Adamini Gillard Middaugh Smith
Amos Gleason Milosch Spade
Anderson Hager Minore Stahl
Bieda Hardman Moolenaar Stakoe
Bisbee Hart Mortimer Stallworth
Bradstreet Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga Paletko Tobocman
Caul Hummel Palmer Vagnozzi
Cheeks Hune Palsrok Van Regenmorter
Clack Hunter Pappageorge Vander Veen
Condino Jamnick Pastor Voorhees
Daniels Johnson, Rick Phillips Walker
Dennis Johnson, Ruth Pumford Ward
DeRoche Julian Reeves Waters
DeRossett Koetje Richardville Wenke
Drolet Kolb Rivet Whitmer
Ehardt Kooiman Robertson Williams
Elkins LaJoy Rocca Wojno
Emmons LaSata Sak Woodward
Farhat Law Shackleton Woronchak
Farrah Lipsey Shaffer Zelenko
Gaffney McConico Sheen
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Richardville moved that House Bill No. 4481 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4481, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7gg.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 383 Yeas--107
Accavitti Garfield Meisner Sheltrown
Acciavatti Gieleghem Meyer Shulman
Adamini Gillard Middaugh Smith
Amos Gleason Milosch Spade
Anderson Hager Minore Stahl
Bieda Hardman Moolenaar Stakoe
Bisbee Hart Mortimer Stallworth
Bradstreet Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga Paletko Tobocman
Caul Hummel Palmer Vagnozzi
Cheeks Hune Palsrok Van Regenmorter
Clack Hunter Pappageorge Vander Veen
Condino Jamnick Pastor Voorhees
Daniels Johnson, Rick Phillips Walker
Dennis Johnson, Ruth Pumford Ward
DeRoche Julian Reeves Waters
DeRossett Koetje Richardville Wenke
Drolet Kolb Rivet Whitmer
Ehardt Kooiman Robertson Williams
Elkins LaJoy Rocca Wojno
Emmons LaSata Sak Woodward
Farhat Law Shackleton Woronchak
Farrah Lipsey Shaffer Zelenko
Gaffney McConico Sheen
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Richardville moved that House Bill No. 4482 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4482, entitled
A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to clarify the ownership of certain parcels of property; to prescribe the powers and duties of certain local government officials; and to provide penalties.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 384 Yeas--107
Accavitti Garfield Meisner Sheltrown
Acciavatti Gieleghem Meyer Shulman
Adamini Gillard Middaugh Smith
Amos Gleason Milosch Spade
Anderson Hager Minore Stahl
Bieda Hardman Moolenaar Stakoe
Bisbee Hart Mortimer Stallworth
Bradstreet Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga Paletko Tobocman
Caul Hummel Palmer Vagnozzi
Cheeks Hune Palsrok Van Regenmorter
Clack Hunter Pappageorge Vander Veen
Condino Jamnick Pastor Voorhees
Daniels Johnson, Rick Phillips Walker
Dennis Johnson, Ruth Pumford Ward
DeRoche Julian Reeves Waters
DeRossett Koetje Richardville Wenke
Drolet Kolb Rivet Whitmer
Ehardt Kooiman Robertson Williams
Elkins LaJoy Rocca Wojno
Emmons LaSata Sak Woodward
Farhat Law Shackleton Woronchak
Farrah Lipsey Shaffer Zelenko
Gaffney McConico Sheen
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Richardville moved that House Bill No. 4483 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4483, entitled
A bill to provide for the creation of local land banks to assist governmental entities in the assembly and clearance of title to property in a coordinated manner; to facilitate the use and development of certain property; to promote economic growth; to prescribe the powers and duties of certain land banks; to provide for the creation and appointment of boards to govern land banks and to prescribe their powers and duties; to authorize the acquisition, maintenance, and disposal of interests in real and personal property; to authorize the conveyance of certain properties to a land bank; to authorize the enforcement of tax liens and the clearing or quieting of title by a land bank; to provide for the distribution and use of revenues collected or received by a land bank; to prescribe powers and duties of certain public entities and state and local officers and agencies; to authorize the transfer and acceptance of property in lieu of taxes and the release of tax liens; to exempt property, income, and operations of a land bank from tax; and to extend protections against certain liabilities to a land bank.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 385 Yeas--107
Accavitti Garfield Meisner Sheltrown
Acciavatti Gieleghem Meyer Shulman
Adamini Gillard Middaugh Smith
Amos Gleason Milosch Spade
Anderson Hager Minore Stahl
Bieda Hardman Moolenaar Stakoe
Bisbee Hart Mortimer Stallworth
Bradstreet Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga Paletko Tobocman
Caul Hummel Palmer Vagnozzi
Cheeks Hune Palsrok Van Regenmorter
Clack Hunter Pappageorge Vander Veen
Condino Jamnick Pastor Voorhees
Daniels Johnson, Rick Phillips Walker
Dennis Johnson, Ruth Pumford Ward
DeRoche Julian Reeves Waters
DeRossett Koetje Richardville Wenke
Drolet Kolb Rivet Whitmer
Ehardt Kooiman Robertson Williams
Elkins LaJoy Rocca Wojno
Emmons LaSata Sak Woodward
Farhat Law Shackleton Woronchak
Farrah Lipsey Shaffer Zelenko
Gaffney McConico Sheen
Nays--0
In The Chair: Julian
The question being on agreeing to the title of the bill,
Rep. Richardville moved to amend the title to read as follows:
A bill to provide for the creation of land bank fast track authorities to assist governmental entities in the assembly and clearance of title to property in a coordinated manner; to facilitate the use and development of certain property; to promote economic growth; to prescribe the powers and duties of certain authorities; to provide for the creation and appointment of boards to govern land bank fast track authorities and to prescribe their powers and duties; to authorize the acquisition, maintenance, and disposal of interests in real and personal property; to authorize the conveyance of certain properties to a land bank fast track authority; to authorize the enforcement of tax liens and the clearing or quieting of title by a land bank fast track authority; to provide for the distribution and use of revenues collected or received by a land bank fast track authority; to prescribe powers and duties of certain public entities and state and local officers and agencies; to authorize the transfer and acceptance of property in lieu of taxes and the release of tax liens; to exempt property, income, and operations of a land bank fast track authority from tax; to extend protections against certain liabilities to a land bank fast track authority; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4484, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 78i and 131e (MCL 211.78i and 211.131e), section 78i as amended by 2001 PA 101 and section 131e as amended by 1999 PA 123.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Land Use and Environment,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Gaffney moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville 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. 4484, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 78i and 131e (MCL 211.78i and 211.131e), section 78i as amended by 2001 PA 101 and section 131e as amended by 1999 PA 123.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 386 Yeas--107
Accavitti Garfield Meisner Sheltrown
Acciavatti Gieleghem Meyer Shulman
Adamini Gillard Middaugh Smith
Amos Gleason Milosch Spade
Anderson Hager Minore Stahl
Bieda Hardman Moolenaar Stakoe
Bisbee Hart Mortimer Stallworth
Bradstreet Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga Paletko Tobocman
Caul Hummel Palmer Vagnozzi
Cheeks Hune Palsrok Van Regenmorter
Clack Hunter Pappageorge Vander Veen
Condino Jamnick Pastor Voorhees
Daniels Johnson, Rick Phillips Walker
Dennis Johnson, Ruth Pumford Ward
DeRoche Julian Reeves Waters
DeRossett Koetje Richardville Wenke
Drolet Kolb Rivet Whitmer
Ehardt Kooiman Robertson Williams
Elkins LaJoy Rocca Wojno
Emmons LaSata Sak Woodward
Farhat Law Shackleton Woronchak
Farrah Lipsey Shaffer Zelenko
Gaffney McConico Sheen
Nays--0
In The Chair: Julian
The question being on agreeing to the title of the bill,
Rep. Richardville moved to amend the title to read as follows:
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 78i, 78k, 78l, 78m, and 131e (MCL 211.78i, 211.78k, 211.78l, 211.78m, and 211.131e), section 78i as amended by 2001 PA 101, section 78k as amended by 2001 PA 94, section 78l as added and section 131e as amended by 1999 PA 123, and section 78m as amended by 2001 PA 99.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4488, entitled
A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending section 4 (MCL 21.144) and by adding section 2f.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Land Use and Environment,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Jamnick moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville 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. 4488, entitled
A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending section 4 (MCL 21.144) and by adding section 2f.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 387 Yeas--107
Accavitti Garfield Meisner Sheltrown
Acciavatti Gieleghem Meyer Shulman
Adamini Gillard Middaugh Smith
Amos Gleason Milosch Spade
Anderson Hager Minore Stahl
Bieda Hardman Moolenaar Stakoe
Bisbee Hart Mortimer Stallworth
Bradstreet Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga Paletko Tobocman
Caul Hummel Palmer Vagnozzi
Cheeks Hune Palsrok Van Regenmorter
Clack Hunter Pappageorge Vander Veen
Condino Jamnick Pastor Voorhees
Daniels Johnson, Rick Phillips Walker
Dennis Johnson, Ruth Pumford Ward
DeRoche Julian Reeves Waters
DeRossett Koetje Richardville Wenke
Drolet Kolb Rivet Whitmer
Ehardt Kooiman Robertson Williams
Elkins LaJoy Rocca Wojno
Emmons LaSata Sak Woodward
Farhat Law Shackleton Woronchak
Farrah Lipsey Shaffer Zelenko
Gaffney McConico Sheen
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Richardville moved that when the House adjourns today it stand adjourned until Wednesday, July 2, at 10:00 a.m.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bill had been printed and placed upon the files of the members on Wednesday, June 25:
Senate Bill No. 597
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, June 27:
House Bill Nos. 4897 4898 4899 4900 4901
The Clerk announced the enrollment printing and presentation to the Governor on Monday, June 30, for her approval of the following bills:
Enrolled House Bill No. 4077 at 10:43 a.m.
Enrolled House Bill No. 4081 at 10:45 a.m.
Enrolled House Bill No. 4145 at 10:47 a.m.
Enrolled House Bill No. 4326 at 10:49 a.m.
Enrolled House Bill No. 4456 at 10:51 a.m.
Enrolled House Bill No. 4511 at 10:53 a.m.
Enrolled House Bill No. 4557 at 10:55 a.m.
Enrolled House Bill No. 4558 at 10:57 a.m.
Enrolled House Bill No. 4559 at 10:59 a.m.
Enrolled House Bill No. 4560 at 11:01 a.m.
Enrolled House Bill No. 4562 at 11:03 a.m.
Enrolled House Bill No. 4563 at 11:05 a.m.
Enrolled House Bill No. 4564 at 11:07 a.m.
Enrolled House Bill No. 4565 at 11:09 a.m.
Enrolled House Bill No. 4818 at 11:11 a.m.
Enrolled House Bill No. 4280 at 2:35 p.m.
Enrolled House Bill No. 4281 at 2:37 p.m.
Enrolled House Bill No. 4408 at 2:39 p.m.
Enrolled House Bill No. 4519 at 2:41 p.m.
The Clerk announced that the following Senate bill had been received on Tuesday, July 1:
Senate Bill No. 596
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4125, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 10102 and 10104 (MCL 333.10102 and 333.10104).
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4133, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 628 (MCL 257.628), as amended by 2000 PA 167.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4224, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 628 (MCL 257.628), as amended by 2000 PA 167.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4479, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 10102a (MCL 333.10102a), as added by 1986 PA 186.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4524, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 361 (MCL 18.1361).
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4606, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 6 (MCL 169.206), as amended by 1995 PA 264.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4732, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 1j to chapter IX.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4735, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 185.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4736, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 629e and 907 (MCL 257.629e and 257.907), section 629e as amended by 2001 PA 213 and section 907 as amended by 2002 PA 534.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4741, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 29 of chapter XIIA (MCL 712A.29), as added by 1993 PA 344.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4743, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 36 (MCL 791.236), as amended by 1999 PA 271.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4745, entitled
A bill to amend 1990 PA 250, entitled "DNA identification profiling system act," by amending section 6 (MCL 28.176), as amended by 2001 PA 87.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4746, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 18k of chapter XIIA (MCL 712A.18k), as amended by 2001 PA 91.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4749, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 175.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4750, entitled
A bill to amend 1988 PA 260, entitled "Community dispute resolution act," by amending section 10 (MCL 691.1560), as amended by 1993 PA 286.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4126, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1106, 5506, 5507, and 5510 (MCL 700.1106, 700.5506, 700.5507, and 700.5510), section 1106 as amended by 2000 PA 463.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1998 PA 386, entitled "An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts," by amending sections 1106, 5506, 5507, 5508, and 5510 (MCL 700.1106, 700.5506, 700.5507, 700.5508, and 700.5510), section 1106 as amended by 2000 PA 463.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4733, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 18 of chapter XIIA (MCL 712A.18), as amended by 2000 PA 55, and by adding section 18m to chapter XIIA.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 596, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12562 (MCL 333.12562), as amended by 1999 PA 41.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Notices
July 1, 2003
Gary Randall, Clerk of the House
Ground Floor, Capitol
Lansing, MI 48909
Dear Mr. Randall:
I am hereby removing Representative Jim Plakas from the Conference Committee on HB 4391, which is the Department of Education appropriation for FY 2003-2004, as well as the Conference Committee on HB 4401, which is the School Aid appropriation for FY 2003-2004, and replacing him on both conference committees with Representative Gretchen Whitmer.
If you have any questions, please contact my office.
Sincerely,
Rick Johnson
Speaker of the House
Messages from the Governor
Date: June 27, 2003
Time: 9:10 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4330 (Public Act No. 30, 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 803e (MCL 257.803e), as amended by 1998 PA 68.
(Filed with the Secretary of State June 30, 2003, at 10:16 a.m.)
Date: July 1, 2003
Time: 9:02 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4818 (Public Act No. 31, I.E.), being
An act to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5b (MCL 28.425b), as amended by 2002 PA 719.
(Filed with the Secretary of State July 1, 2003, at 9:22 a.m.)
Communications from State Officers
The following communications from the Auditor General were received and read:
June 25, 2003
Enclosed is a copy of the following audit report and/or report summary:
Financial Audit, Including the Provisions
of the Single Audit Act, of the
Department of Attorney General
October 1, 2000 through September 30, 2002
June 26, 2003
Enclosed is a copy of the following audit report and/or report summary:
Financial Audit, Including the Provisions
of the Single Audit Act, of the
Department of Civil Rights
October 1, 2000 through September 30, 2002
June 27, 2003
Enclosed is a copy of the following audit report and/or report summary:
Financial Audit, Including the Provisions
of the Single Audit Act, of the
Department of History, Arts and Libraries
October 1, 2001 through September 30, 2002
and the Library of Michigan
October 1, 2000 through September 30, 2001
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Clerk and the accompanying reports referred to the Committee on Government Operations.
Introduction of Bills
Reps. Brown and Adamini introduced
House Bill No. 4902, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 1a (MCL 247.651a).
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Gaffney, Ward, Lipsey, Ehardt, LaJoy, Milosch, Pastor, Hune, Acciavatti, Amos, Nofs, Tobocman, Brandenburg, McConico, Reeves, Hager, Hunter, Ruth Johnson, Vander Veen, Farhat, Emmons, Hummel, Woronchak, Stahl, Shulman, Stakoe, Accavitti, Wojno, Elkins, Law, Mortimer, Casperson, Stallworth, Hood, Moolenaar and Hardman introduced
House Bill No. 4903, entitled
A bill to establish the state home heating credit fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the home heating credit fund.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Gaffney, Ward, Lipsey, Ehardt, LaJoy, Milosch, Pastor, Hune, Acciavatti, Amos, Nofs, Tobocman, Brandenburg, McConico, Reeves, Hager, Hunter, Ruth Johnson, Shulman, Farhat, Emmons, Hummel, Woronchak, Stahl, Vander Veen, Stakoe, Wojno, Accavitti, Elkins, Law, Mortimer, Casperson, Stallworth, Hood, Moolenaar and Hardman introduced
House Bill No. 4904, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 437.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Drolet, Wenke, Lipsey and Tobocman introduced
House Bill No. 4905, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 158 (MCL 750.158).
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Drolet, Wenke, Lipsey and Tobocman introduced
House Bill No. 4906, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2002 PA 278.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Stahl, Julian, Hummel, Robertson, Hune and Garfield introduced
House Bill No. 4907, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 602 (MCL 500.602), as amended by 1989 PA 35, and by adding section 603.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Wojno, Accavitti, Gieleghem, Woodward, Law, Whitmer, Tobocman, Spade, Vagnozzi, Cheeks, Meisner, Condino, Bieda, Brandenburg, Shaffer and Woronchak introduced
House Bill No. 4908, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406r.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Robertson, Hune, Hummel, Ward, Stakoe, Stahl, Wenke, Jamnick, Minore, Vander Veen, Julian, Steil and Shaffer introduced
House Bill No. 4909, entitled
A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending sections 4, 5, and 6 (MCL 125.2304, 125.2305, and 125.2306).
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Hune, Robertson, Hummel, Ward, Stakoe, Stahl, Wenke, Jamnick, Minore, Vander Veen, Julian, Steil and Shaffer introduced
House Bill No. 4910, entitled
A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending sections 7, 11, 12, and 13 (MCL 125.2307, 125.2311, 125.2312, and 125.2313).
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Condino, Tobocman, Hood, Milosch, Brandenburg, Amos, Plakas, Accavitti, Clack, Hunter, Rivet, Lipsey, Byrum, Bieda, Nofs, Sheen, Paletko, Zelenko, Waters, Anderson, Farhat, Whitmer, Brown, Gillard, Cheeks, Meisner, Reeves, Kolb, Farrah, Woodward, Minore, Woronchak, Law, Wojno, O'Neil, Wenke and Hummel introduced
House Bill No. 4911, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4bb.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Bieda, Gleason, Brandenburg and Minore introduced
House Bill No. 4912, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 274 (MCL 206.274), as amended by 1997 PA 82.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Bieda introduced
House Bill No. 4913, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 72, 83, 88, 89, 91, 110, 213, 317, 349, 520b, 520c, 520d, 529, and 530 (MCL 750.72, 750.83, 750.88, 750.89, 750.91, 750.110, 750.213, 750.317, 750.349, 750.520b, 750.520c, 750.520d, 750.529, and 750.530), section 110 as amended by 1994 PA 270 and sections 520b, 520c, and 520d as amended by 2002 PA 714, and by adding section 506b.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. Palsrok, Walker, Milosch, Acciavatti, Brandenburg, Stahl, Amos, Robertson, Tobocman, Tabor, Kolb and Farhat introduced
House Bill No. 4914, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 80124a.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Tourism.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 4013, entitled
A bill to amend 1956 PA 205, entitled "The paternity act," by amending section 2 (MCL 722.712), as amended by 1998 PA 113.
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 and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, Van Regenmorter, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda, Condino and Smith
Nays: Rep. Bradstreet
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 4768, entitled
A bill to amend 1956 PA 205, entitled "The paternity act," by amending section 2 (MCL 722.712), as amended by 1998 PA 113.
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 and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaSata, Van Regenmorter, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda, Condino and Smith
Nays: Rep. Bradstreet
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, July 1, 2003, at 9:00 a.m.
Present: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda, Condino and Smith
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4245, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 961a (MCL 168.961a), as amended by 1999 PA 220.
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 and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Hardman, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4658, entitled
A bill to amend 1964 PA 284, entitled "City income tax act," by amending section 3 of chapter 1 (MCL 141.503), as amended by 1998 PA 500.
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 and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, DeRossett, Hager, Stakoe, Jamnick, Tobocman and Accavitti
Nays: Reps. Robertson and Drolet
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ward, Chair of the Committee on Local Government and Urban Policy, was received and read:
Meeting held on: Tuesday, July 1, 2003, at 9:00 a.m.
Present: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Hardman, Tobocman and Accavitti
The Committee on Education, by Rep. Palmer, Chair, reported
House Bill No. 4613, entitled
A bill to amend 2001 PA 181, entitled "An act to authorize the board of a school district to award high school diplomas to World War II veterans under certain circumstances; and to prescribe duties and responsibilities of certain state officers and officials," by amending the title and section 1 (MCL 35.341).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palmer, Hummel, Bradstreet, Hager, Hart, Ruth Johnson, Voorhees, Vander Veen, Stahl, Gieleghem, Vagnozzi, Spade, Smith, Hopgood, Meisner and Clack
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palmer, Chair of the Committee on Education, was received and read:
Meeting held on: Tuesday, July 1, 2003, at 4:20 p.m.
Present: Reps. Palmer, Hummel, Bradstreet, Hager, Hart, Ruth Johnson, Voorhees, Vander Veen, Stahl, Gieleghem, Vagnozzi, Spade, Smith, Hopgood, Meisner and Clack
Absent: Reps. Meyer, Tabor and Nofs
Excused: Reps. Meyer, Tabor and Nofs
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bisbee, Chair of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, July 1, 2003, at 9:00 a.m.
Present: Reps. Bisbee, DeRoche, Koetje, Middaugh, Drolet, Palmer, Hune, Milosch, Palsrok, Wenke, Rivet, McConico, Murphy, Tobocman and Accavitti
Absent: Reps. Howell, Huizenga, O'Neil and Lipsey
Excused: Reps. Howell, Huizenga, O'Neil and Lipsey
Rep. Milosch moved that the House adjourn.
The motion prevailed, the time being 5:20 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, July 2, at 10:00 a.m.
GARY L. RANDALL
Clerk of the House of Representatives