No. 96

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature


REGULAR SESSION OF 2003


House Chamber, Lansing, Thursday, December 18, 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--presentGarfield--presentMeyer--presentSheen--present
Acciavatti--presentGieleghem--presentMiddaugh--presentSheltrown--present
Adamini--presentGillard--presentMilosch--presentShulman--present
Amos--presentGleason--presentMinore--presentSmith--present
Anderson--presentHager--presentMoolenaar--presentSpade--present
Bieda--presentHardman--presentMortimer--presentStahl--present
Bisbee--presentHart--presentMurphy--presentStakoe--present
Bradstreet--presentHood--presentNewell--presentStallworth--present
Brandenburg--presentHoogendyk--presentNitz--presentSteil--present
Brown--presentHopgood--presentNofs--presentStewart--present
Byrum--presentHowell--presentO'Neil--presentTabor--e/d/s
Casperson--presentHuizenga--presentPaletko--presentTaub--present
Caswell--presentHummel--presentPalmer--presentTobocman--present
Caul--presentHune--presentPalsrok--presentVagnozzi--present
Cheeks--presentHunter--presentPappageorge--presentVan Regenmorter--present
Clack--presentJamnick--presentPastor--presentVander Veen--present
Condino--presentJohnson, Rick--presentPhillips--presentVoorhees--present
Daniels--presentJohnson, Ruth--presentPlakas--presentWalker--present
Dennis--presentJulian--presentPumford--presentWard--present
DeRoche--presentKoetje--presentReeves--presentWaters--present
DeRossett--presentKolb--presentRichardville--presentWenke--present
Drolet--presentKooiman--presentRivet--presentWhitmer--e/d/s
Ehardt--presentLaJoy--presentRobertson--presentWilliams--present
Elkins--presentLaSata--e/d/sRocca--presentWojno--present
Emmons--presentLaw--presentSak--presentWoodward--present
Farhat--presentLipsey--presentShackleton--presentWoronchak--present
Farrah--presentMcConico--e/d/sShaffer--presentZelenko--present

Gaffney--present Meisner--present

 

 

e/d/s = entered during session

Rep. Chris Ward, from the 66th District, offered the following invocation:

 

"Heavenly Father, please grant Your blessings upon this house and its members. Help us to come together and reconcile our differences. Grant us the vision to see Your providential wisdom for our state. Help us to have the courage to stand for what is right and to condemn what is wrong. We ask Your blessings on the people of this state, especially in this holiday season. Grant them love and compassion. We ask Your special blessings on those protecting us overseas. As You have said, 'Blessed are the servants.' Please keep them safe and strong. We ask that You keep their families strong as well. Thank You for all that You provide us. In Your name, we pray. Amen."

 

 

Second Reading of Bills

 

 

House Bill No. 4463, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811o.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

 

Rep. Adamini moved to amend the bill as follows:

1. Amend page 2, following line 14, by inserting:

"(4) Each recipient of funds listed in subsection (3) shall annually report to the department of treasury an accounting of money received and used under subsection (3).".

The motion prevailed and the amendment 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.

Rep. Richardville moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

 

______

 

 

Rep. Waters moved that Reps. Byrum and Woodward 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. 4463, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811o.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 773 Yeas--103

 

 
AccavittiGarfieldMeyerShaffer
AcciavattiGieleghemMiddaughSheen
AdaminiGillardMiloschSheltrown
AmosGleasonMinoreShulman
AndersonHagerMoolenaarSmith
BiedaHardmanMortimerSpade
BisbeeHartMurphyStahl
BradstreetHoodNewellStakoe
BrandenburgHoogendykNitzStallworth
BrownHopgoodNofsSteil
CaspersonHowellO'NeilStewart
CaswellHuizengaPaletkoTaub
CaulHummelPalmerTobocman
CheeksHunePalsrokVagnozzi
ClackHunterPappageorgeVan Regenmorter
CondinoJamnickPastorVander Veen
DanielsJohnson, RickPhillipsVoorhees
DennisJohnson, RuthPlakasWalker
DeRocheJulianPumfordWard
DeRossettKoetjeReevesWaters
EhardtKolbRichardvilleWenke
ElkinsKooimanRivetWilliams
EmmonsLaJoyRobertsonWojno
FarhatLawRoccaWoronchak
FarrahLipseySakZelenko
GaffneyMeisnerShackleton

 

 

Nays--1

 

 

Drolet

 

 

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 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811q.

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.

 

 

______

 

 

Reps. LaSata and Tabor entered the House Chambers.

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

The Senate requested the return of

House Bill No. 5218, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 29 (MCL 117.29), as amended by 1994 PA 17.

(The bill was received from the Senate on December 17, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95,
p. 2461.)

The question being on concurring in the amendment made to the bill by the Senate,

 

Rep. Richardville moved that the request of the Senate be granted.

The motion prevailed.

 

 

The Speaker laid before the House

House Bill No. 4820, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4, 5, 6, 11a, 14, 503, 613, 614, 616, 617, 629, 661, 681, 682, 687, 690, 701, 702, 703, 705, 856, 857, 858, 859, 860, 861, 931, 932, 945, 1212, 1216, 1351, 1361, 1451, 1722, and 1724 (MCL 380.4, 380.5, 380.6, 380.11a, 380.14, 380.503, 380.613, 380.614, 380.616, 380.617, 380.629, 380.661, 380.681, 380.682, 380.687, 380.690, 380.701, 380.702, 380.703, 380.705, 380.856, 380.857, 380.858, 380.859, 380.860, 380.861, 380.931, 380.932, 380.945, 380.1212, 380.1216, 380.1351, 380.1361, 380.1451, 380.1722, and 380.1724), sections 5 and 14 as amended by 1999 PA 23, sections 6, 503, and 690 as amended and section 11a as added by 1995 PA 289, sections 614 and 617 as amended by 2002 PA 157, section 629 as amended by 2002 PA 61, sections 681, 682, 705, 1451, and 1724 as amended by 1994 PA 258, section 687 as amended by 2002 PA 62, section 703 as amended by 1981 PA 87, sections 857 and 858 as amended by 1992 PA 263, section 859 as amended by 2002 PA 509, section 945 as added by 1984 PA 154, section 1212 as amended by 1993 PA 312, section 1216 as amended by 2002 PA 64, and section 1351 as amended by 2002 PA 67, and by adding section 1206; and to repeal acts and parts of acts.

(The bill was received from the Senate on December 16, with substitute (S-2) and title amendment, consideration of which, under the rules, was postponed until December 17, see House Journal No. 94, p. 2386.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 774 Yeas--86

 

 
AccavittiGarfieldMiddaughShaffer
AcciavattiGillardMiloschSheen
AmosHagerMoolenaarShulman
BisbeeHartMortimerStahl
BradstreetHoogendykMurphyStakoe
BrandenburgHowellNewellSteil
BrownHuizengaNitzStewart
ByrumHummelNofsTabor
CaspersonHuneO'NeilTaub
CaswellHunterPaletkoTobocman
CaulJamnickPalmerVagnozzi
CheeksJohnson, RickPalsrokVan Regenmorter
CondinoJohnson, RuthPappageorgeVander Veen
DennisJulianPastorVoorhees
DeRocheKoetjePlakasWalker
DeRossettKolbPumfordWard
DroletKooimanRichardvilleWenke
EhardtLaJoyRobertsonWilliams
EmmonsLaSataRoccaWoodward
FarhatLawSakWoronchak
FarrahLipseyShackletonZelenko

Gaffney Meyer

 

 

Nays--22

 

 
AdaminiGieleghemMinoreSmith
AndersonGleasonPhillipsSpade
BiedaHardmanReevesStallworth
ClackHoodRivetWaters
DanielsHopgoodSheltrownWojno

Elkins Meisner

 

 

In The Chair: Julian

 

 

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House

House Bill No. 4822, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 34 (MCL 42.34), as amended by 1984 PA 353.

(The bill was received from the Senate on December 16, with substitute (S-1) and full title inserted, consideration of which, under the rules, was postponed until December 17, see House Journal No. 94, p. 2387.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 775 Yeas--81

 

 
AccavittiGillardMeyerShaffer
AcciavattiHagerMiddaughSheen
AmosHoodMiloschShulman
BisbeeHoogendykMoolenaarStahl
BradstreetHowellMortimerStakoe
BrandenburgHuizengaMurphySteil
BrownHummelNewellStewart
ByrumHuneNitzTabor
CaspersonHunterNofsTaub
CaswellJamnickO'NeilTobocman
CaulJohnson, RickPaletkoVagnozzi
CondinoJohnson, RuthPalmerVan Regenmorter
DennisJulianPalsrokVander Veen
DeRocheKoetjePappageorgeVoorhees
DeRossettKolbPastorWalker
DroletKooimanRichardvilleWard
EhardtLaJoyRobertsonWenke
EmmonsLaSataRoccaWoodward
FarhatLawSakWoronchak
GaffneyLipseyShackletonZelenko

Garfield

 

 

Nays--25

 

 
AdaminiFarrahMinoreSheltrown
AndersonGieleghemPhillipsSmith
BiedaGleasonPlakasSpade
CheeksHardmanPumfordStallworth
ClackHopgoodReevesWaters
DanielsMeisnerRivetWojno

Elkins

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

______

 

 

Rep. Nitz moved that Rep. Drolet be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 4823, entitled

A bill to amend 1989 PA 292, entitled "Metropolitan councils act," by amending section 27 (MCL 124.677), as amended by 1998 PA 373.

(The bill was received from the Senate on December 16, with substitute (S-1) and full title inserted, consideration of which, under the rules, was postponed until December 17, see House Journal No. 94, p. 2387.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 776 Yeas--80

 

 
AccavittiGillardMiddaughSheen
AcciavattiHagerMiloschShulman
AmosHoogendykMoolenaarStahl
BisbeeHowellMortimerStakoe
BradstreetHuizengaMurphySteil
BrandenburgHummelNewellStewart
BrownHuneNitzTabor
ByrumHunterNofsTaub
CaspersonJamnickO'NeilTobocman
CaswellJohnson, RickPaletkoVagnozzi
CaulJohnson, RuthPalmerVan Regenmorter
CondinoJulianPalsrokVander Veen
DennisKoetjePappageorgeVoorhees
DeRocheKolbPastorWalker
DeRossettKooimanRichardvilleWard
EhardtLaJoyRobertsonWenke
EmmonsLaSataRoccaWilliams
FarhatLawSakWoodward
GaffneyLipseyShackletonWoronchak
GarfieldMeyerShafferZelenko

 

 

Nays--27

 

 
AdaminiFarrahMeisnerSheltrown
AndersonGieleghemMinoreSmith
BiedaGleasonPhillipsSpade
CheeksHardmanPlakasStallworth
ClackHartPumfordWaters
DanielsHoodReevesWojno
ElkinsHopgoodRivet

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The Speaker laid before the House

House Bill No. 4824, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 2, 3, 4, 30a, 321, 322, 358a, 370, 381, 382, 500f, 500g, 501a, 505, 509n, 509r, 509gg, 538, 635, 643, 644e, 644g, 644k, 646a, 690, 821, 862, 863, 954, 963, 971, and 972 (MCL 168.2, 168.3, 168.4, 168.30a, 168.321, 168.322, 168.358a, 168.370, 168.381, 168.382, 168.500f, 168.500g, 168.501a, 168.505, 168.509n, 168.509r, 168.509gg, 168.538, 168.635, 168.643, 168.644e, 168.644g, 168.644k, 168.646a, 168.690, 168.821, 168.862, 168.863, 168.954, 168.963, 168.971, and 168.972), sections 2 and 971 as amended by 2002 PA 163, section 321 as amended by 1994 PA 277, section 322 as amended by 1999 PA 218, section 358a as amended by 1990 PA 235, section 370 as amended by 1990 PA 83, section 381 as amended by 1991 PA 16, section 501a as amended by 1995 PA 87, section 509n as amended by 1999 PA 216, sections 509r and 509gg as added by 1994 PA 441, section 643 as amended by 1998 PA 364, section 646a as amended by 2002 PA 431, section 821 as amended by 1988 PA 275, section 963 as amended by 1999 PA 220, and section 972 as amended by 1989 PA 26, and by adding chapter XIV and sections 642, 642a, and 659; and to repeal acts and parts of acts.

(The bill was received from the Senate on December 16, with substitute (S-2) and full title inserted, consideration of which, under the rules, was postponed until December 17, see House Journal No. 94, p. 2387.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 777 Yeas--83

 

 
AccavittiGarfieldMiddaughShulman
AcciavattiGillardMiloschSmith
AmosHagerMoolenaarStahl
BisbeeHoogendykMortimerStakoe
BradstreetHowellMurphySteil
BrandenburgHuizengaNewellStewart
BrownHummelNitzTabor
ByrumHuneNofsTaub
CaspersonHunterO'NeilTobocman
CaswellJamnickPaletkoVagnozzi
CaulJohnson, RickPalmerVan Regenmorter
CheeksJohnson, RuthPalsrokVander Veen
CondinoJulianPappageorgeVoorhees
DennisKoetjePastorWalker
DeRocheKolbRichardvilleWard
DeRossettKooimanRobertsonWenke
DroletLaJoyRoccaWilliams
EhardtLaSataSakWoodward
EmmonsLawShackletonWoronchak
FarhatLipseyShafferZelenko
GaffneyMeyerSheen

 

 

Nays--25

 

 
AdaminiGieleghemMeisnerRivet
AndersonGleasonMinoreSheltrown
BiedaHardmanPhillipsSpade
ClackHartPlakasStallworth
DanielsHoodPumfordWaters
ElkinsHopgoodReevesWojno

Farrah

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Rep. Hood moved that Rep. Smith be excused temporarily from today's session.

The motion prevailed.

 

 

The Speaker laid before the House

House Bill No. 4826, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending sections 4, 7, 21, and 23 (MCL 78.4, 78.7, 78.21, and 78.23), section 23 as amended by 1999 PA 258.

(The bill was received from the Senate on December 16, with substitute (S-1) and full title inserted, consideration of which, under the rules, was postponed until December 17, see House Journal No. 94, p. 2388.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 778 Yeas--81

 

 
AccavittiGillardMiddaughSheen
AcciavattiHagerMiloschShulman
AmosHoogendykMoolenaarStahl
BisbeeHowellMortimerStakoe
BradstreetHuizengaMurphySteil
BrandenburgHummelNewellStewart
BrownHuneNitzTabor
ByrumHunterNofsTaub
CaspersonJamnickO'NeilTobocman
CaswellJohnson, RickPaletkoVagnozzi
CaulJohnson, RuthPalmerVan Regenmorter
CondinoJulianPalsrokVander Veen
DennisKoetjePappageorgeVoorhees
DeRocheKolbPastorWalker
DeRossettKooimanRichardvilleWard
DroletLaJoyRobertsonWenke
EhardtLaSataRoccaWilliams
EmmonsLawSakWoodward
FarhatLipseyShackletonWoronchak
GaffneyMeyerShafferZelenko

Garfield

 

 

Nays--26

 

 
AdaminiFarrahMeisnerRivet
AndersonGieleghemMinoreSheltrown
BiedaGleasonPhillipsSpade
CheeksHardmanPlakasStallworth
ClackHartPumfordWaters
DanielsHoodReevesWojno

Elkins Hopgood

 

 

In The Chair: Julian

 

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House

House Bill No. 4827, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending sections 1, 3, 4, 5, 6, and 13 of chapter II, sections 1, 2, 3, and 7 of chapter III, section 3 of chapter V, section 23 of chapter IX, section 3 of chapter XII, and sections 18a and 23g of chapter XIV (MCL 62.1, 62.3, 62.4, 62.5, 62.6, 62.13, 63.1, 63.2, 63.3, 63.7, 65.3, 69.23, 72.3, 74.18a, and 74.23g), sections 1, 4, 5, 6, and 13 of chapter II, sections 2 and 7 of chapter III, and section 3 of chapter V as amended and section 3 of chapter III as added by 1998 PA 255 and section 3 of chapter XII and section 18a of chapter XIV as amended and section 23g of chapter XIV as added by 1998 PA 254.

(The bill was received from the Senate on December 16, with substitute (S-1) and full title inserted, consideration of which, under the rules, was postponed until December 17, see House Journal No. 94, p. 2388.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 779 Yeas--82

 

 
AccavittiGillardMeyerShaffer
AcciavattiGleasonMiddaughSheen
AmosHagerMiloschShulman
BisbeeHoodMoolenaarStahl
BradstreetHoogendykMortimerStakoe
BrandenburgHowellMurphySteil
BrownHuizengaNewellStewart
ByrumHummelNitzTabor
CaspersonHuneNofsTaub
CaswellHunterO'NeilTobocman
CaulJamnickPaletkoVagnozzi
CondinoJohnson, RickPalmerVan Regenmorter
DennisJohnson, RuthPalsrokVander Veen
DeRocheJulianPappageorgeVoorhees
DeRossettKoetjePastorWalker
DroletKolbRichardvilleWard
EhardtKooimanRobertsonWenke
EmmonsLaJoyRoccaWoodward
FarhatLaSataSakWoronchak
GaffneyLawShackletonZelenko

Garfield Lipsey

 

 

Nays--24

 

 
AdaminiElkinsMeisnerRivet
AndersonFarrahMinoreSheltrown
BiedaGieleghemPhillipsSpade
CheeksHardmanPlakasStallworth
ClackHartPumfordWaters
DanielsHopgoodReevesWojno

 

 

In The Chair: Julian

 

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House

House Bill No. 4828, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 2, 12, 16, 17, 21, 32, 34, 34a, 36, 37, 38, 39, 42, 51, 52, 54, 55, 56, 57, 58, 59, 62, 83, 84, 86, 105, 107, 122, 144, and 152 (MCL 389.2, 389.12, 389.16, 389.17, 389.21, 389.32, 389.34, 389.34a, 389.36, 389.37, 389.38, 389.39, 389.42, 389.51, 389.52, 389.54, 389.55, 389.56, 389.57, 389.58, 389.59, 389.62, 389.83, 389.84, 389.86, 389.105, 389.107, 389.122, 389.144, and 389.152), section 2 as added by 1998 PA 153, sections 17, 21, 34, 37, 42, 54, 57, and 62 as amended and section 86 as added by 2000 PA 488, section 34a as amended by 1982 PA 381, section 83 as amended by 1992 PA 20, section 122 as amended by 2002 PA 72, section 144 as amended by 2002 PA 73, and section 152 as amended by 1990 PA 11; and to repeal acts and parts of acts.

(The bill was received from the Senate on December 16, with substitute (S-2) and full title inserted, consideration of which, under the rules, was postponed until December 17, see House Journal No. 94, p. 2388.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 780 Yeas--80

 

 
AccavittiGarfieldMeyerShaffer
AcciavattiGillardMiddaughSheen
AmosHagerMiloschShulman
BisbeeHoogendykMoolenaarStahl
BradstreetHowellMortimerStakoe
BrandenburgHuizengaMurphySteil
BrownHummelNewellTabor
ByrumHuneNitzTaub
CaspersonHunterNofsTobocman
CaswellJamnickO'NeilVagnozzi
CaulJohnson, RickPaletkoVan Regenmorter
CondinoJohnson, RuthPalmerVander Veen
DennisJulianPalsrokVoorhees
DeRocheKoetjePappageorgeWalker
DeRossettKolbPastorWard
DroletKooimanRichardvilleWenke
EhardtLaJoyRobertsonWilliams
EmmonsLaSataRoccaWoodward
FarhatLawSakWoronchak
GaffneyLipseyShackletonZelenko

 

 

Nays--26

 

 
AdaminiGieleghemMinoreSheltrown
AndersonGleasonPhillipsSpade
BiedaHardmanPlakasStallworth
CheeksHartPumfordStewart
ClackHoodReevesWaters
ElkinsHopgoodRivetWojno

Farrah Meisner

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Rep. Waters moved that Rep. Daniels be excused temporarily from today's session.

The motion prevailed.

 

 

The Speaker laid before the House

House Bill No. 4249, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2855a.

(The bill was received from the Senate on December 17, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95,
p. 2460.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 781 Yeas--103

 

 
AcciavattiGarfieldMeyerShaffer
AdaminiGieleghemMiddaughSheen
AmosGillardMiloschSheltrown
AndersonGleasonMinoreShulman
BiedaHagerMoolenaarSpade
BisbeeHardmanMortimerStahl
BradstreetHartMurphyStakoe
BrandenburgHoodNewellStallworth
BrownHoogendykNitzSteil
ByrumHopgoodNofsStewart
CaspersonHowellO'NeilTabor
CaswellHuizengaPaletkoTaub
CaulHummelPalmerVagnozzi
CheeksHunePalsrokVan Regenmorter
ClackHunterPappageorgeVander Veen
CondinoJamnickPastorVoorhees
DennisJohnson, RickPhillipsWalker
DeRocheJohnson, RuthPlakasWard
DeRossettJulianPumfordWaters
DroletKoetjeReevesWenke
EhardtKooimanRichardvilleWilliams
ElkinsLaJoyRivetWojno
EmmonsLaSataRobertsonWoodward
FarhatLawRoccaWoronchak
FarrahLipseySakZelenko
GaffneyMeisnerShackleton

 

 

Nays--0

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The Speaker laid before the House

House Bill No. 4825, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 3, 8, 11, 21, 25, 26, and 29 (MCL 117.3, 117.8, 117.11, 117.21, 117.25, 117.26, and 117.29), section 3 as amended by 2002 PA 201, section 25 as amended by 1982 PA 200, and section 29 as amended by 1994 PA 17.

(The bill was received from the Senate on December 17, with substitute (S-3) and title amendment, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2460.)

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 782 Yeas--82

 

 
AccavittiGillardMiloschSheen
AcciavattiHagerMinoreShulman
AmosHoogendykMoolenaarStahl
BisbeeHowellMortimerStakoe
BradstreetHuizengaMurphySteil
BrandenburgHummelNewellStewart
BrownHuneNitzTabor
ByrumHunterNofsTaub
CaspersonJamnickO'NeilTobocman
CaswellJohnson, RickPaletkoVagnozzi
CaulJohnson, RuthPalmerVan Regenmorter
CondinoJulianPalsrokVander Veen
DennisKoetjePappageorgeVoorhees
DeRocheKolbPastorWalker
DeRossettKooimanRichardvilleWard
DroletLaJoyRobertsonWenke
EhardtLaSataRoccaWilliams
EmmonsLawSakWoodward
FarhatLipseyShackletonWoronchak
GaffneyMeyerShafferZelenko

Garfield Middaugh

 

 

Nays--24

 

 
AdaminiFarrahHopgoodRivet
AndersonGieleghemMeisnerSheltrown
BiedaGleasonPhillipsSpade
CheeksHardmanPlakasStallworth
ClackHartPumfordWaters
ElkinsHoodReevesWojno

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

______

 

 

Rep. McConico entered the House Chambers.

 

 

The Speaker laid before the House

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 received from the Senate on December 17, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2460.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 783 Yeas--106

 

 
AccavittiGieleghemMiddaughSheen
AcciavattiGillardMiloschSheltrown
AdaminiGleasonMinoreShulman
AmosHagerMoolenaarSmith
AndersonHartMortimerSpade
BiedaHoodMurphyStahl
BisbeeHoogendykNewellStakoe
BradstreetHopgoodNitzStallworth
BrandenburgHowellNofsSteil
BrownHuizengaO'NeilStewart
ByrumHummelPaletkoTabor
CaspersonHunePalmerTaub
CaswellHunterPalsrokTobocman
CaulJamnickPappageorgeVagnozzi
CheeksJohnson, RickPastorVan Regenmorter
ClackJohnson, RuthPhillipsVander Veen
CondinoJulianPlakasVoorhees
DennisKoetjePumfordWalker
DeRocheKolbReevesWard
DeRossettKooimanRichardvilleWaters
EhardtLaJoyRivetWenke
ElkinsLaSataRobertsonWilliams
EmmonsLawRoccaWojno
FarhatLipseySakWoodward
FarrahMcConicoShackletonWoronchak
GaffneyMeisnerShafferZelenko

Garfield Meyer

 

 

Nays--2

 

 

Drolet Hardman

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The Speaker laid before the House

House Bill No. 5216, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4l (MCL 117.4l), as amended by 1996 PA 44, and by adding section 4q.

(The bill was received from the Senate on December 17, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2461.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 784 Yeas--94

 

 
AccavittiGillardMinoreSheltrown
AdaminiGleasonMoolenaarShulman
AmosHagerMortimerSmith
AndersonHardmanMurphySpade
BiedaHartNewellStakoe
BisbeeHoodNitzStallworth
BradstreetHopgoodNofsSteil
BrownHowellO'NeilStewart
ByrumHuizengaPaletkoTabor
CaspersonHunterPalsrokTaub
CaulJamnickPappageorgeTobocman
CheeksJohnson, RickPastorVagnozzi
ClackJulianPhillipsVan Regenmorter
CondinoKoetjePlakasVander Veen
DennisKolbPumfordVoorhees
DeRossettKooimanReevesWard
EhardtLaJoyRichardvilleWaters
ElkinsLaSataRivetWenke
EmmonsLawRobertsonWilliams
FarhatLipseyRoccaWojno
FarrahMcConicoSakWoodward
GaffneyMeisnerShackletonWoronchak
GarfieldMeyerShafferZelenko

Gieleghem Middaugh

 

 

Nays--14

 

 
AcciavattiDroletJohnson, RuthSheen
BrandenburgHoogendykMiloschStahl
CaswellHummelPalmerWalker

DeRoche Hune

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The Speaker laid before the House

House Bill No. 5217, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 4r.

(The bill was received from the Senate on December 17, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2461.)

The question being on concurring in the amendments made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 785 Yeas--97

 

 
AccavittiGieleghemMeyerShaffer
AcciavattiGillardMiddaughSheltrown
AdaminiGleasonMinoreShulman
AmosHagerMoolenaarSmith
AndersonHardmanMortimerSpade
BiedaHartMurphyStakoe
BisbeeHoodNewellStallworth
BradstreetHopgoodNitzSteil
BrownHowellNofsStewart
ByrumHuizengaO'NeilTabor
CaspersonHunePaletkoTaub
CaswellHunterPalsrokTobocman
CaulJamnickPappageorgeVagnozzi
CheeksJohnson, RickPastorVan Regenmorter
ClackJulianPhillipsVander Veen
CondinoKoetjePlakasVoorhees
DennisKolbPumfordWard
DeRossettKooimanReevesWaters
EhardtLaJoyRichardvilleWenke
ElkinsLaSataRivetWilliams
EmmonsLawRobertsonWojno
FarhatLipseyRoccaWoodward
FarrahMcConicoSakWoronchak
GaffneyMeisnerShackletonZelenko

Garfield

 

 

Nays--11

 

 
BrandenburgHoogendykMiloschStahl
DeRocheHummelPalmerWalker
DroletJohnson, RuthSheen

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The Speaker laid before the House

House Bill No. 5220, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 7 (MCL 125.587), as amended by 1994 PA 25.

(The bill was received from the Senate on December 17, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2461.)

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 786 Yeas--97

 

 
AccavittiGieleghemMeyerShaffer
AcciavattiGillardMiddaughSheltrown
AdaminiGleasonMinoreShulman
AmosHagerMoolenaarSmith
AndersonHardmanMortimerSpade
BiedaHartMurphyStakoe
BisbeeHoodNewellStallworth
BradstreetHopgoodNitzSteil
BrownHowellNofsStewart
ByrumHuizengaO'NeilTabor
CaspersonHunePaletkoTaub
CaulHunterPalsrokTobocman
CheeksJamnickPappageorgeVagnozzi
ClackJohnson, RickPastorVan Regenmorter
CondinoJulianPhillipsVander Veen
DanielsKoetjePlakasVoorhees
DennisKolbPumfordWard
DeRossettKooimanReevesWaters
EhardtLaJoyRichardvilleWenke
ElkinsLaSataRivetWilliams
EmmonsLawRobertsonWojno
FarhatLipseyRoccaWoodward
FarrahMcConicoSakWoronchak
GaffneyMeisnerShackletonZelenko

Garfield

 

 

Nays--12

 

 
BrandenburgDroletJohnson, RuthSheen
CaswellHoogendykMiloschStahl
DeRocheHummelPalmerWalker

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The Speaker laid before the House

House Bill No. 5224, entitled

A bill to amend 1941 PA 359, entitled "An act for controlling and eradicating certain noxious weeds within the state; to permit townships, villages, and cities to have a lien for expenses incurred in controlling and eradicating such weeds; to permit officials of counties and municipalities to appoint commissioners of noxious weeds; to define the powers, duties, and compensation of commissioners; to provide for sanctions; and to repeal certain acts and parts of acts," by amending section 4 (MCL 247.64), as amended by 1994 PA 26.

(The bill was received from the Senate on December 17, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2461.)

The question being on concurring in the amendments made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 787 Yeas--95

 

 
AccavittiGarfieldMeyerSheltrown
AcciavattiGieleghemMiddaughShulman
AdaminiGillardMinoreSmith
AmosGleasonMoolenaarSpade
AndersonHagerMortimerStakoe
BiedaHardmanMurphyStallworth
BisbeeHartNewellSteil
BradstreetHoodNitzStewart
BrownHopgoodNofsTabor
ByrumHowellO'NeilTaub
CaspersonHuizengaPaletkoTobocman
CaulHunterPalsrokVagnozzi
CheeksJamnickPappageorgeVan Regenmorter
ClackJohnson, RickPastorVander Veen
CondinoJulianPhillipsVoorhees
DanielsKoetjePlakasWard
DennisKolbPumfordWaters
DeRossettKooimanReevesWenke
EhardtLaJoyRichardvilleWilliams
ElkinsLaSataRivetWojno
EmmonsLawRobertsonWoodward
FarhatLipseySakWoronchak
FarrahMcConicoShackletonZelenko
GaffneyMeisnerShaffer

 

 

Nays--14

 

 
BrandenburgHoogendykMiloschSheen
CaswellHummelPalmerStahl
DeRocheHuneRoccaWalker

Drolet Johnson, Ruth

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

Second Reading of Bills

 

 

Senate Bill No. 877, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 641 (MCL 168.641).

The bill was read a second time.

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. 877, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 641 (MCL 168.641).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 788 Yeas--81

 

 
AccavittiGillardMiddaughSheen
AcciavattiHagerMiloschShulman
AmosHoogendykMoolenaarStahl
BisbeeHowellMortimerStakoe
BradstreetHuizengaMurphySteil
BrandenburgHummelNewellStewart
BrownHuneNitzTabor
ByrumHunterNofsTaub
CaspersonJamnickO'NeilTobocman
CaswellJohnson, RickPaletkoVagnozzi
CaulJohnson, RuthPalmerVan Regenmorter
CondinoJulianPalsrokVander Veen
DennisKoetjePappageorgeVoorhees
DeRocheKolbPastorWalker
DeRossettKooimanRichardvilleWard
DroletLaJoyRobertsonWenke
EhardtLaSataRoccaWilliams
EmmonsLawSakWoodward
FarhatLipseyShackletonWoronchak
GaffneyMeyerShafferZelenko

Garfield

 

 

Nays--28

 

 
AdaminiFarrahMcConicoRivet
AndersonGieleghemMeisnerSheltrown
BiedaGleasonMinoreSmith
CheeksHardmanPhillipsSpade
ClackHartPlakasStallworth
DanielsHoodPumfordWaters
ElkinsHopgoodReevesWojno

 

 

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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with 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. 811, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9b and 27 (MCL 211.9b and 211.27), section 9b as amended by 1994 PA 189 and section 27 as amended by 2002 PA 744.

The bill was read a second time.

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. 811, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9b and 27 (MCL 211.9b and 211.27), section 9b as amended by 1994 PA 189 and section 27 as amended by 2002 PA 744.

The bill was read a third time.

The question being on the passage of the bill,

 

Rep. Waters moved that consideration of the bill be postponed temporarily.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

The Speaker laid before the House

House Bill No. 5265, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 19703 (MCL 324.19703), as added by 2002 PA 397.

(The bill was received from the Senate on December 17, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2462.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 789 Yeas--109

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
DroletKooimanRichardvilleWenke
EhardtLaJoyRivetWilliams
ElkinsLaSataRobertsonWojno
EmmonsLawRoccaWoodward
FarhatLipseySakWoronchak
FarrahMcConicoShackletonZelenko

Gaffney

Nays--0

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The Speaker laid before the House

House Bill No. 5270, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 19608a.

(The bill was received from the Senate on December 17, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2462.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 790 Yeas--109

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
DroletKooimanRichardvilleWenke
EhardtLaJoyRivetWilliams
ElkinsLaSataRobertsonWojno
EmmonsLawRoccaWoodward
FarhatLipseySakWoronchak
FarrahMcConicoShackletonZelenko

Gaffney

 

 

Nays--0

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House

Senate Bill No. 718, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 15 (MCL 125.2665), as amended by 2002 PA 727.

(The bill was received from the Senate on December 17, with an amendment to the House substitute (H-1), consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2462.)

The question being on concurring in the amendment to the House substitute (H-1) made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 791 Yeas--108

 

 
AccavittiGaffneyMcConicoShaffer
AcciavattiGarfieldMeisnerSheen
AdaminiGieleghemMeyerSheltrown
AmosGillardMiddaughShulman
AndersonGleasonMiloschSmith
BiedaHagerMinoreSpade
BisbeeHardmanMoolenaarStahl
BradstreetHartMortimerStakoe
BrandenburgHoodMurphyStallworth
BrownHoogendykNewellSteil
ByrumHopgoodNitzStewart
CaspersonHowellNofsTabor
CaswellHuizengaO'NeilTaub
CaulHummelPaletkoTobocman
CheeksHunePalmerVagnozzi
ClackHunterPalsrokVan Regenmorter
CondinoJamnickPappageorgeVander Veen
DanielsJohnson, RickPastorVoorhees
DennisJohnson, RuthPhillipsWalker
DeRocheJulianPumfordWard
DeRossettKoetjeReevesWaters
DroletKolbRichardvilleWenke
EhardtKooimanRivetWilliams
ElkinsLaJoyRobertsonWojno
EmmonsLaSataRoccaWoodward
FarhatLawSakWoronchak
FarrahLipseyShackletonZelenko

 

 

Nays--1

 

 

Plakas

 

 

In The Chair: Julian

 

 

The Speaker laid before the House

Senate Bill No. 825, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8 (MCL 125.2688), as amended by 2003 PA 93, and by adding section 8d.

(The bill was received from the Senate on December 17, with substitute (S-1) to the House substitute (H-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2462.)

The question being on concurring in the substitute (S-1) to the House substitute (H-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 792 Yeas--100

 

 
AccavittiGarfieldMeyerSheltrown
AcciavattiGieleghemMiloschShulman
AdaminiGillardMinoreSmith
AmosGleasonMoolenaarSpade
AndersonHagerMortimerStahl
BiedaHardmanMurphyStakoe
BisbeeHoodNewellStallworth
BrandenburgHopgoodNitzSteil
BrownHowellNofsStewart
ByrumHuizengaO'NeilTabor
CaspersonHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjeReevesWard
DeRossettKolbRichardvilleWaters
EhardtKooimanRivetWenke
ElkinsLaJoyRobertsonWilliams
EmmonsLawRoccaWojno
FarhatLipseySakWoodward
FarrahMcConicoShackletonWoronchak
GaffneyMeisnerShafferZelenko

 

 

Nays--9

 

 
BradstreetHartLaSataPumford
CaswellHoogendykMiddaughSheen

Drolet

 

 

In The Chair: Julian

 

 

The Speaker laid before the House

Senate Bill No. 834, entitled

A bill to promote investment in certain businesses; to promote economic development in this state; to provide for a Michigan early stage venture investment corporation; to prescribe the powers and duties of a Michigan early stage venture investment corporation; to prescribe the powers and duties of certain public officers and departments; to establish the Michigan early stage venture investment fund and other funds; to provide for tax credits and incentives; to authorize certain investments; to provide for the expiration of the fund; to provide or allow for appropriations; and to provide penalties and remedies.

(The bill was received from the Senate on December 17, with substitute (S-7) to the House substitute (H-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2463.)

The question being on concurring in the substitute (S-7) to the House substitute (H-1) made to the bill by the Senate,

The substitute (S-7) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 793 Yeas--96

 

 
AccavittiGieleghemMeyerShaffer
AcciavattiGillardMiddaughSheltrown
AdaminiGleasonMiloschShulman
AmosHagerMinoreSmith
AndersonHardmanMortimerSpade
BiedaHoodMurphyStakoe
BisbeeHopgoodNewellStallworth
BrandenburgHowellNitzSteil
BrownHuizengaNofsStewart
ByrumHuneO'NeilTabor
CaspersonHunterPaletkoTaub
CaulJamnickPalsrokTobocman
CheeksJohnson, RickPappageorgeVagnozzi
ClackJohnson, RuthPastorVander Veen
CondinoJulianPhillipsVoorhees
DanielsKoetjePlakasWalker
DennisKolbPumfordWard
DeRossettKooimanReevesWaters
EhardtLaJoyRichardvilleWenke
ElkinsLaSataRivetWilliams
EmmonsLawRobertsonWojno
FarhatLipseyRoccaWoodward
FarrahMcConicoSakWoronchak
GaffneyMeisnerShackletonZelenko

 

 

Nays--13

 

 
BradstreetGarfieldHummelSheen
CaswellHartMoolenaarStahl
DeRocheHoogendykPalmerVan Regenmorter

Drolet

 

 

In The Chair: Julian

 

 

Second Reading of Bills

 

 

Senate Bill No. 667, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 222 (MCL 330.1222), as amended by 2002 PA 596.

(The bill was read a second time, substitute (H-1) adopted, amendment offered and bill postponed for the day on December 10, see House Journal No. 92, p. 2374.)

The question being on the adoption of the amendment offered previously by Reps. O'Neil and Richardville,

Rep. O'Neil withdrew the amendment.

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. 667, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 222 (MCL 330.1222), as amended by 2002 PA 596.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 794 Yeas--109

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
DroletKooimanRichardvilleWenke
EhardtLaJoyRivetWilliams
ElkinsLaSataRobertsonWojno
EmmonsLawRoccaWoodward
FarhatLipseySakWoronchak
FarrahMcConicoShackletonZelenko

Gaffney

 

 

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 codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; 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.

 

 

Second Reading of Bills

 

 

Senate Bill No. 787, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1280 (MCL 380.1280), as amended by 1997 PA 180.

The bill was read a second time.

Reps. Palmer, Kooiman and Sak moved to amend the bill as follows:

1. Amend page 4, line 11, after "(9)" by striking out "If all or some" and inserting "Beginning with the 2002-2003 school year, if at least 5%".

2. Amend page 4, line 25, after "progress" by inserting "for the school year in which the answer sheets were lost".

3. Amend page 4, line 27, after "shall" by striking out "make every effort possible to".

4. Amend page 5, line 4, after "contractor" by inserting a comma and "but shall not require a public school or school district to retest pupils or produce scores from another test for this purpose".

The motion prevailed, and the amendments were 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. 787, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1280 (MCL 380.1280), as amended by 1997 PA 180.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 795 Yeas--109

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
DroletKooimanRichardvilleWenke
EhardtLaJoyRivetWilliams
ElkinsLaSataRobertsonWojno
EmmonsLawRoccaWoodward
FarhatLipseySakWoronchak
FarrahMcConicoShackletonZelenko

Gaffney

 

 

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 provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,"

The House agreed to the full title.

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. 700, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 89a (MCL 211.89a), as added by 1994 PA 189, and by adding section 89b.

The bill was read a second time.

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. 700, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 89a (MCL 211.89a), as added by 1994 PA 189, and by adding section 89b.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 796 Yeas--109

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
DroletKooimanRichardvilleWenke
EhardtLaJoyRivetWilliams
ElkinsLaSataRobertsonWojno
EmmonsLawRoccaWoodward
FarhatLipseySakWoronchak
FarrahMcConicoShackletonZelenko

Gaffney

 

 

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 provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation 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.

 

 

______

 

 

Rep. Richardville moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

 

 

Second Reading of Bills

 

 

House Bill No. 5244, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 9b and 27 (MCL 211.9b and 211.27), section 9b as amended by 1994 PA 189 and section 27 as amended by 2002 PA 744.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Middaugh 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. 5244, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 9b and 27 (MCL 211.9b and 211.27), section 9b as amended by 1994 PA 189 and section 27 as amended by 2002 PA 744.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 797 Yeas--83

 

 
AccavittiGaffneyMcConicoSak
AcciavattiGarfieldMeyerShackleton
AdaminiGillardMiddaughShaffer
AmosGleasonMiloschSheen
BiedaHagerMinoreShulman
BisbeeHartMoolenaarSpade
BradstreetHoogendykMortimerStahl
BrandenburgHowellMurphyStakoe
BrownHuizengaNewellSteil
ByrumHummelNitzStewart
CaspersonHuneNofsTabor
CaswellHunterPaletkoTaub
CaulJamnickPalmerTobocman
DennisJohnson, RickPalsrokVan Regenmorter
DeRocheJohnson, RuthPappageorgeVander Veen
DeRossettJulianPastorVoorhees
DroletKoetjePlakasWalker
EhardtKolbPumfordWard
EmmonsKooimanRichardvilleWenke
FarhatLaJoyRobertsonZelenko
FarrahLaSataRocca

 

 

Nays--24

 

 
AndersonGieleghemO'NeilVagnozzi
CheeksHardmanPhillipsWaters
ClackHopgoodReevesWilliams
CondinoLawRivetWojno
DanielsLipseySheltrownWoodward
ElkinsMeisnerStallworthWoronchak

 

 

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. Anderson, Waters and Law, 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 final passage of House Bill 5244 because this bill could potentially take significant revenue from local communities at the same time our local communities are already facing drastic cuts in revenue sharing and other funding sources. Although I support manufacturing in Michigan, I believe the Legislature should not continue to undermine local sources of revenue, which jeopardizes important local services such as police and fire protection, public works, and local road improvements."

 

 

The House returned to the consideration of

Senate Bill No. 811, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9b and 27 (MCL 211.9b and 211.27), section 9b as amended by 1994 PA 189 and section 27 as amended by 2002 PA 744.

(The bill was considered earlier today, see today's Journal p. 2482.)

The question being on the passage of the bill,

Rep. Woodward moved to amend the bill as follows:

1. Amend page 2, line 22, after "be" by striking out "considered" and inserting "the sole consideration".

2. Amend page 2, line 23, after "tool." by inserting "Special tools are used to produce a product that is expected to change at the time the tool is placed into service.".

3. Amend page 3, line 6, after "tools." by inserting "The products produced by standard tools are not expected to change at the time the tool is placed into service.".

The motion was seconded.

The question being on the adoption of the amendments offered by Rep. Woodward,

Rep. Woodward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Woodward,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 798 Yeas--42

 

 
AccavittiGieleghemMeisnerSpade
AdaminiGillardMinoreStallworth
AndersonGleasonO'NeilTobocman
BiedaHardmanPhillipsVagnozzi
BrownHoodPlakasWaters
CheeksHopgoodReevesWilliams
ClackHunterRivetWojno
CondinoJamnickSakWoodward
DanielsLawSheltrownWoronchak
ElkinsLipseySmithZelenko

Farrah McConico

 

 

Nays--67

 

 
AcciavattiGarfieldMiddaughShackleton
AmosHagerMiloschShaffer
BisbeeHartMoolenaarSheen
BradstreetHoogendykMortimerShulman
BrandenburgHowellMurphyStahl
ByrumHuizengaNewellStakoe
CaspersonHummelNitzSteil
CaswellHuneNofsStewart
CaulJohnson, RickPaletkoTabor
DennisJohnson, RuthPalmerTaub
DeRocheJulianPalsrokVan Regenmorter
DeRossettKoetjePappageorgeVander Veen
DroletKolbPastorVoorhees
EhardtKooimanPumfordWalker
EmmonsLaJoyRichardvilleWard
FarhatLaSataRobertsonWenke
GaffneyMeyerRocca

 

 

In The Chair: Julian

 

 

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. 799 Yeas--81

 

 
AccavittiGaffneyMeyerShackleton
AcciavattiGarfieldMiddaughShaffer
AdaminiGillardMiloschSheen
AmosGleasonMoolenaarShulman
BiedaHagerMortimerSpade
BisbeeHartMurphyStahl
BradstreetHoogendykNewellStakoe
BrandenburgHowellNitzSteil
BrownHuizengaNofsStewart
ByrumHummelPaletkoTabor
CaspersonHunePalmerTaub
CaswellHunterPalsrokTobocman
CaulJohnson, RickPappageorgeVan Regenmorter
DennisJohnson, RuthPastorVander Veen
DeRocheJulianPlakasVoorhees
DeRossettKoetjePumfordWalker
DroletKolbRichardvilleWard
EhardtKooimanRobertsonWenke
EmmonsLaJoyRoccaWilliams
FarhatLaSataSakZelenko

Farrah

 

 

Nays--24

 

 
AndersonGieleghemMeisnerSheltrown
CheeksHardmanMinoreStallworth
ClackHopgoodO'NeilVagnozzi
CondinoJamnickPhillipsWaters
DanielsLawReevesWojno
ElkinsLipseyRivetWoronchak

 

 

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 assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation 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.

 

 

______

 

 

Reps. Law and Waters, 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 final passage of Senate Bill 811 because this bill could potentially take significant revenue from local communities at the same time our local communities are already facing drastic cuts in revenue sharing and other funding sources. Although I support manufacturing in Michigan, I believe the Legislature should not continue to undermine local sources of revenue, which jeopardizes important local services such as police and fire protection, public works, and local road improvements."

 

 

Second Reading of Bills

 

 

Senate Bill No. 845, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 686 (MCL 168.686), as amended by 1999 PA 216.

The bill was read a second time.

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. 845, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 686 (MCL 168.686), as amended by 1999 PA 216.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 800 Yeas--109

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
DroletKooimanRichardvilleWenke
EhardtLaJoyRivetWilliams
ElkinsLaSataRobertsonWojno
EmmonsLawRoccaWoodward
FarhatLipseySakWoronchak
FarrahMcConicoShackletonZelenko

Gaffney

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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with 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

Motions and Resolutions

 

 

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

Rep. Richardville moved that the Committee on Tax Policy be discharged from further consideration of Senate Bill No. 672.

The motion prevailed, a majority of the members serving voting therefor.

The bill was placed on the order of Second Reading of Bills and laid over one day.

 

 

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

Rep. Richardville moved that the Committee on Tax Policy be discharged from further consideration of Senate Bill No. 673.

The motion prevailed, a majority of the members serving voting therefor.

The bill was placed on the order of Second Reading of Bills and laid over one day.

 

 

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

Rep. Richardville moved that the Committee on Employment Relations, Training and Safety be discharged from further consideration of House Bill No. 5266.

The motion prevailed, a majority of the members serving voting therefor.

The bill was placed on the order of Second Reading of Bills and laid over one day.

 

 

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

Rep. Richardville moved that the Committee on Employment Relations, Training and Safety be discharged from further consideration of House Bill No. 5279.

The motion prevailed, a majority of the members serving voting therefor.

The bill was placed on the order of Second Reading of Bills and laid over one day.

 

Rep. Richardville moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 849.

The motion prevailed.

 

 

______

 

 

Rep. Whitmer entered the House Chambers.

Third Reading of Bills

 

 

Senate Bill No. 852, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51e (MCL 206.51e), as added by 1999 PA 5.

(The bill was read a third time and not passed, vote reconsidered and bill postponed for the day on December 16, see House Journal No. 94, p. 2422.)

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. 801 Yeas--64

 

 
AccavittiGillardLipseySak
AdaminiGleasonMcConicoShackleton
AndersonHagerMeisnerShaffer
BiedaHardmanMeyerSheltrown
BrownHartMiddaughSmith
ByrumHoodMinoreSpade
CaspersonHopgoodMurphyStallworth
CheeksHowellNitzStewart
ClackHunterO'NeilTobocman
CondinoJamnickPaletkoVagnozzi
DanielsJohnson, RickPhillipsWaters
DennisJulianPlakasWhitmer
ElkinsKolbPumfordWilliams
FarrahKooimanReevesWojno
GaffneyLaSataRichardvilleWoodward
GieleghemLawRivetZelenko

 

 

Nays--46

 

 
AcciavattiFarhatNewellStakoe
AmosGarfieldNofsSteil
BisbeeHoogendykPalmerTabor
BradstreetHuizengaPalsrokTaub
BrandenburgHummelPappageorgeVan Regenmorter
CaswellHunePastorVander Veen
CaulJohnson, RuthRobertsonVoorhees
DeRocheKoetjeRoccaWalker
DeRossettLaJoySheenWard
DroletMiloschShulmanWenke
EhardtMoolenaarStahlWoronchak

Emmons Mortimer

 

 

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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain 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.

Rep. Sheen, 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 am voting against the income tax roll back, because I believe we should have made cuts in other areas to provide those additional education dollars, and not take it out of the pockets of Michigan citizens. Had we done nothing, the citizens of Michigan would have received a tax cut; because we did something their taxes are higher. I support the result, but I don't support the method of achieving it. Michigan's economy, its businesses, its schools, and its citizens would have been farther ahead, better off, and more capitol would have been generated, if we had retained the income tax cut, and made additional cuts to the states budget."

 

Rep. Huizenga, 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:

It was a difficult but necessary decision to vote 'NO' on SB 852, the pause in the income tax reduction. While great progress has been made in the budget process we can, and must, do a better job of putting in place structural budget reforms. Michigan ranks high in personal tax structure (16th in the nation) but even higher in our business tax obligations (5th in the nation) and clearly we need to continue to make Michigan a more friendly place to do business. We are constantly trying to attract businesses to Michigan but we must be more concerned about our current employers who are under constant pressure to be more and more efficient.

The same must hold true for government at a federal, state and local level. We must be smarter and more efficient as to how we deliver core essential government services while protecting as much as possible programs such as education and healthcare. This new agreement, which finally included House of Representatives input, is a step in the right direction. With strong bi-partisan passage of the pause in the income tax reduction I was given the opportunity to register my voice, as well as the voice of many constituents and businesses in the 90th district who said 'this is good, but we could do better.' There is a looming $700 million problem on the horizon for the state's budgets that will start to be negotiated in January. The more fiscal adjustments that can be made now, the fewer we will need to do this coming spring. It is disingenuous to say we have 'cut government to the bone' while forcing our local governments and universities to take a 5% reduction and while knowing that there will be additional cuts made in just a few weeks. Because of these reasons I voted 'No' on Senate Bill 852."

 

 

Second Reading of Bills

 

 

Rep. Richardville moved that Rule 48 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

Senate Bill No. 672, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 4 (MCL 208.4), as amended by 2002 PA 603.

The bill was read a second time.

Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

The Committee on Appropriations, by Rep. Shulman, Chair, reported

Senate Bill No. 334, 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 13 (MCL 247.663), as amended by 1999 PA 54.

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. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Brown, Kolb, Phillips, Plakas, Williams, Hunter, Paletko, Sak, Zelenko and Murphy

Nays: None

 

 

The Committee on Appropriations, by Rep. Shulman, Chair, reported

House Concurrent Resolution No. 38.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Control of Northern Michigan University relative to the Northern Michigan University Student Services Building.

(For text of concurrent resolution, see House Journal No. 91, p. 2293.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Brown, Kolb, Phillips, Plakas, Williams, Hunter, Paletko, Sak, Zelenko and Murphy

Nays: None

 

 

The Committee on Appropriations, by Rep. Shulman, Chair, reported

House Concurrent Resolution No. 39.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Control of Northern Michigan University relative to the Northern Michigan University Fine and Practical Arts Project.

(For text of concurrent resolution, see House Journal No. 91, p. 2294.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Brown, Kolb, Phillips, Plakas, Williams, Hunter, Paletko, Sak, Zelenko and Murphy

Nays: None

 

 

The Committee on Appropriations, by Rep. Shulman, Chair, reported

House Concurrent Resolution No. 40.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Mid Michigan Community College relative to the
Mid Michigan Community College Student Assessment Center.

(For text of concurrent resolution, see House Journal No. 91, p. 2295.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Brown, Kolb, Phillips, Plakas, Williams, Hunter, Paletko, Sak, Zelenko and Murphy

Nays: None

 

 

The Committee on Appropriations, by Rep. Shulman, Chair, reported

House Concurrent Resolution No. 41.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Michigan Technological University relative to the Michigan Technological University Center for Integrated Learning and Information Technology Project.

(For text of concurrent resolution, see House Journal No. 91, p. 2296.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Brown, Kolb, Phillips, Plakas, Williams, Hunter, Paletko, Sak, Zelenko and Murphy

Nays: None

 

 

The Committee on Appropriations, by Rep. Shulman, Chair, reported

House Concurrent Resolution No. 42.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Community College District of Monroe County relative to the Community College District of Monroe County Instructional Center for Business Training and Performing Arts Building.

(For text of concurrent resolution, see House Journal No. 91, p. 2297.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Brown, Kolb, Phillips, Plakas, Williams, Hunter, Paletko, Sak, Zelenko and Murphy

Nays: None

 

 

The Committee on Appropriations, by Rep. Shulman, Chair, reported

House Concurrent Resolution No. 43.

A concurrent resolution approving an amendment to the conveyance of property to the State Building Authority and the lease among the State of Michigan, the State Building Authority, and Jackson Community College relative to the Jackson Community College Lenawee Extension Center.

(For text of concurrent resolution, see House Journal No. 91, p. 2298.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

 

 

Favorable Roll Call

 

To Report Out:

Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Brown, Kolb, Phillips, Plakas, Williams, Hunter, Paletko, Sak, Zelenko and Murphy

Nays: None

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Shulman, Chair of the Committee on Appropriations, was received and read:

Meeting held on: Thursday, December 18, 2003, at 9:30 a.m.

Present: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Brown, Kolb, Phillips, Plakas, Williams, Hunter, Paletko, Sak, Zelenko and Murphy

Absent: Reps. Reeves and Cheeks

Excused: Reps. Reeves and Cheeks

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, December 18:

House Bill Nos. 5386 5387 5388

 

The Clerk announced that the following Senate bills had been received on Thursday, December 18, 2003:

Senate Bill Nos. 826 827

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

House Bill No. 4299, entitled

A bill to amend 1911 PA 235, entitled "An act to provide for the payment and reimbursement by counties, in certain cases upon application therefor, of expenses incurred in the burial of the bodies of honorably discharged members of the armed forces of the United States, or their spouses, and to repeal certain acts or parts of acts," by amending section 1 (MCL 35.801).

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5172, entitled

A bill to amend 1968 PA 251, entitled "Cemetery regulation act," by amending section 9 (MCL 456.529), as amended by 2002 PA 550.

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. 5218, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 29 (MCL 117.29), as amended by 1994 PA 17.

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.

 

 

Messages from the Governor

 

 

Date: December 17, 2003

Time: 4:00 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4284 (Public Act No. 226, I.E.), being

An act to provide for joint land use planning and the joint exercise of certain zoning powers and duties by local units of government; and to provide for the establishment, powers, and duties of joint planning commissions.

(Filed with the Secretary of State December 18, 2003, at 8:46 a.m.)

 

 

Date: December 17, 2003

Time: 4:02 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4666 (Public Act No. 227, I.E.), being

An act to amend 1921 PA 207, entitled "An act to provide for the establishment in cities and villages of districts or zones within which the use of land and structures and the height, area, size, and location of buildings may be regulated by ordinance, and for which districts regulations shall be established for the light and ventilation of those buildings, and for which districts or zones the density of population may be regulated by ordinance; to designate the use of certain state licensed residential facilities; to provide by ordinance for the acquisition by purchase, condemnation, or otherwise of private property that does not conform to the regulations and restrictions of the various zones or districts provided; to provide for the administering of this act; to provide for amendments, supplements, or changes in zoning ordinances, zones, or districts; to provide for conflict with the state housing code or other acts, ordinances, or regulations; to provide sanctions for the violation of this act; to authorize the purchase of development rights; to authorize the issuance of bonds and notes; and to provide for special assessments," by amending section 4b (MCL 125.584b).

(Filed with the Secretary of State December 18, 2003, at 8:48 a.m.)

 

 

Date: December 17, 2003

Time: 4:04 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4667 (Public Act No. 228, I.E.), being

An act to amend 1943 PA 184, entitled "An act to provide for the establishment in townships of zoning districts within which the proper use of land and natural resources may be encouraged or regulated by ordinance, and for which districts provisions may also be adopted designating the location of, the size of, the uses that may be made of, the minimum open spaces, sanitary, safety, and protective measures that shall be required for, and the maximum number of families that may be housed in dwellings, buildings, and structures, including tents and trailer coaches, that are erected or altered; to designate the use of certain state licensed residential facilities; to provide for a method for the adoption of ordinances and amendments to ordinances; to provide for emergency interim ordinances; to provide for the acquisition by purchase, condemnation, or otherwise of nonconforming property; to provide for the administering of ordinances adopted; to provide for conflicts with other acts, ordinances, or regulations; to provide sanctions for violations; to provide for the assessment, levy, and collection of taxes; to provide for the collection of fees for building permits; to provide for petitions, public hearings, and referenda; to provide for appeals; to authorize the purchase of development rights; to authorize the issuance of bonds and notes; to provide for special assessments; and to prescribe penalties and provide remedies," by amending section 16c (MCL 125.286c).

(Filed with the Secretary of State December 18, 2003, at 8:50 a.m.)

 

 

Date: December 17, 2003

Time: 4:06 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4668 (Public Act No. 229, I.E.), being

An act to amend 1943 PA 183, entitled "An act to provide for the establishment in portions of counties lying outside the limits of incorporated cities and villages of zoning districts within which the proper use of land and natural resources may be encouraged or regulated by ordinance, and for which districts provisions may also be adopted designating the location of, the size of, the uses that may be made of, the minimum open spaces, sanitary, safety, and protective measures that are required for, and the maximum number of families that may be housed in dwellings, buildings, and structures that are erected or altered; to designate the use of certain state licensed residential facilities; to provide for a method for the adoption of ordinances and amendments to ordinances; to provide for emergency interim ordinances; to provide by ordinance for the acquisition by purchase, condemnation, or otherwise, of property that does not conform to the requirements of the zoning districts so provided; to provide for the administering of ordinances adopted; to provide for conflicts with other acts, ordinances, or regulations; to provide sanctions for violations; to provide for the assessment, levy, and collection of taxes; to provide for referenda; to provide for appeals; to authorize the purchase of development rights; to authorize the issuance of bonds and notes; to provide for special assessments; and to prescribe penalties and provide remedies," by amending section 16c (MCL 125.216c).

(Filed with the Secretary of State December 18, 2003, at 8:52 a.m.)

 

 

Date: December 17, 2003

Time: 4:08 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5027 (Public Act No. 230, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 82101, 82106, 82107, and 82109 (MCL 324.82101, 324.82106, 324.82107, and 324.82109), section 82101 as amended by 2003 PA 43, section 82106 as amended by 1998 PA 297, and sections 82107 and 82109 as added by 1995 PA 58.

(Filed with the Secretary of State December 18, 2003, at 8:54 a.m.)

 

 

Introduction of Bills

 

 

Reps. Ward, Nitz, Pastor, Casperson and Hune introduced

House Bill No. 5389, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, and 302 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, and 37.2302), the title as amended by 1992 PA 258, section 102 as amended by 1992 PA 124, section 103 as amended by 1999 PA 202, and section 202 as amended by 1991 PA 11.

The bill was read a first time by its title and referred to the Committee on Transportation.

 

 

Reps. Milosch, Garfield, Shaffer, Huizenga, Drolet, Hummel, Caswell, Nitz and LaJoy introduced

House Bill No. 5390, entitled

A bill to amend 1982 PA 540, entitled "Library of Michigan act," by amending section 9 (MCL 397.19), as amended by 1983 PA 114.

The bill was read a first time by its title and referred to the Committee on Government Operations.

Reps. Milosch, Garfield, Shaffer, Drolet, Hummel, Caswell, Nitz and LaJoy introduced

House Bill No. 5391, entitled

A bill to amend 1899 PA 44, entitled "An act to provide for the publication and distribution of publications, laws, and documents, reports of the several officers, boards of officers and public institutions of this state now or hereafter to be published; to provide for the replacing of publications lost by fire or otherwise; to provide for the publication and distribution of the Michigan manual; to provide for duties of certain state and local government departments and agencies; to establish certain funds; and to provide for certain penalties and remedies," by amending sections 2 and 30 (MCL 24.2 and 24.30), as amended by 1995 PA 179; and to repeal acts and parts of acts.

The bill was read a first time by its title and referred to the Committee on Government Operations.

 

 

______

 

 

Rep. Waters moved that Reps. Daniels, Smith, Whitmer and McConico be excused temporarily from today's session.

The motion prevailed.

 

Rep. Steil moved that Rep. Shackleton be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

Rep. Richardville moved that Senate Bill No. 672 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

Senate Bill No. 672, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 4 (MCL 208.4), as amended by 2002 PA 603.

The bill was read a third time.

The question being on the passage of the bill,

 

Rep. DeRoche moved to substitute (H-1) the bill.

The motion was seconded and the substitute (H-1) was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 802 Yeas--105

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSpade
BiedaHardmanMoolenaarStahl
BisbeeHartMortimerStakoe
BradstreetHoodMurphyStallworth
BrandenburgHoogendykNewellSteil
BrownHopgoodNitzStewart
ByrumHowellNofsTabor
CaspersonHuizengaO'NeilTaub
CaswellHummelPaletkoTobocman
CaulHunePalmerVagnozzi
CheeksHunterPalsrokVan Regenmorter
ClackJamnickPappageorgeVander Veen
CondinoJohnson, RickPastorVoorhees
DennisJohnson, RuthPhillipsWalker
DeRocheJulianPlakasWard
DeRossettKoetjePumfordWaters
DroletKolbReevesWenke
EhardtKooimanRichardvilleWilliams
ElkinsLaJoyRivetWojno
EmmonsLaSataRobertsonWoodward
FarhatLawRoccaWoronchak
FarrahLipseySakZelenko

Gaffney

 

 

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 provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation,"

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

 

 

Rep. Richardville moved that Rule 48 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

Senate Bill No. 673, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 4a.

The bill was read a second time.

 

Rep. Drolet moved to substitute (H-1) the bill.

The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. 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. 673, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 4a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 803 Yeas--108

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DennisJohnson, RuthPhillipsVoorhees
DeRocheJulianPlakasWalker
DeRossettKoetjePumfordWard
DroletKolbReevesWaters
EhardtKooimanRichardvilleWenke
ElkinsLaJoyRivetWilliams
EmmonsLaSataRobertsonWojno
FarhatLawRoccaWoodward
FarrahLipseySakWoronchak
GaffneyMcConicoShackletonZelenko

 

 

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 provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation,"

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

Reports of Select Committees

 

 

Senate Bill No. 556, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 11b, 26a, 68, and 108 (MCL 388.1611, 388.1611b, 388.1626a, 388.1668, and 388.1708), sections 11, 26a, 68, and 108 as amended and section 11b as added by 2003 PA 158.

The Senate has adopted the report of the Committee of Conference.

The Conference Report was read as follows:

 

First Conference Report

 

The Committee of Conference on the matters of difference between the two Houses concerning

Senate Bill No. 556, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 11b, 26a, 68, and 108 (MCL 388.1611, 388.1611b, 388.1626a, 388.1668, and 388.1708), sections 11, 26a, 68, and 108 as amended and section 11b as added by 2003 PA 158.

Recommends:

First: That the House recede from the Substitute of the House as passed by the House.

Second: That the House agree to the Substitute of the Senate as passed by the Senate.

Third: That the Senate and House agree to the title of the bill to read as follows:

A bill to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 11, 11b, 26a, 68, and 108 (MCL 388.1611, 388.1611b, 388.1626a, 388.1668, and 388.1708), sections 11, 26a, 68, and 108 as amended and section 11b as added by 2003 PA 158.

Shirley Johnson

Kenneth R. Sikkema

Robert L. Emerson

Conferees for the Senate

 

Marc Shulman

Rick Johnson

Rich Brown

Conferees for the House

The Speaker announced that under Joint Rule 9 the conference report would lie over one day.

Rep. Richardville moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the text having been made available to each Member.

The motion prevailed.

The question being on the adoption of the conference report,

The conference report was then adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 804 Yeas--107

 

 
AccavittiGieleghemMeyerSheen
AcciavattiGillardMiddaughSheltrown
AdaminiGleasonMiloschShulman
AmosHagerMinoreSmith
AndersonHardmanMoolenaarSpade
BiedaHartMortimerStahl
BisbeeHoodMurphyStakoe
BradstreetHoogendykNewellStallworth
BrandenburgHopgoodNitzSteil
BrownHowellNofsStewart
ByrumHuizengaO'NeilTabor
CaspersonHummelPaletkoTaub
CaswellHunePalmerTobocman
CaulHunterPalsrokVagnozzi
CheeksJamnickPappageorgeVan Regenmorter
ClackJohnson, RickPastorVander Veen
CondinoJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
EhardtKooimanRichardvilleWenke
ElkinsLaJoyRivetWilliams
EmmonsLaSataRobertsonWojno
FarhatLawRoccaWoodward
FarrahLipseySakWoronchak
GaffneyMcConicoShackletonZelenko
GarfieldMeisnerShaffer

 

 

Nays--1

 

 

Drolet

 

 

In The Chair: Julian

 

 

Messages from the Senate

 

 

The Speaker laid before the House

House Bill No. 5255, entitled

A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 3, 4, 5, 6, 8, and 10 (MCL 207.803, 207.804, 207.805, 207.806, 207.808, and 207.810), section 3 as amended by 2000 PA 428 and sections 6 and 8 as amended by 2000 PA 144, and by adding section 8a.

(The bill was received from the Senate on December 17, with substitute (S-3), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 2461.)

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

 

Rep. Huizenga moved to amend the bill as follows:

1. Amend page 2, line 22, after the second "the" by striking out "department of treasury" and inserting "Michigan economic growth authority".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

The substitute (S-3), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 805 Yeas--106

 

 
AccavittiGillardMiddaughSheen
AcciavattiGleasonMiloschSheltrown
AdaminiHagerMinoreShulman
AmosHardmanMoolenaarSmith
AndersonHartMortimerSpade
BiedaHoodMurphyStahl
BisbeeHoogendykNewellStakoe
BrandenburgHopgoodNitzStallworth
BrownHowellNofsSteil
ByrumHuizengaO'NeilStewart
CaspersonHummelPaletkoTabor
CaswellHunePalmerTaub
CaulHunterPalsrokTobocman
CheeksJamnickPappageorgeVagnozzi
ClackJohnson, RickPastorVan Regenmorter
CondinoJohnson, RuthPhillipsVander Veen
DennisJulianPlakasVoorhees
DeRocheKoetjePumfordWalker
DeRossettKolbReevesWard
EhardtKooimanRichardvilleWaters
ElkinsLaJoyRivetWenke
EmmonsLaSataRobertsonWilliams
FarhatLawRoccaWojno
FarrahLipseySakWoodward
GaffneyMcConicoShackletonWoronchak
GarfieldMeisnerShafferZelenko

Gieleghem Meyer

 

 

Nays--1

 

 

Drolet

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

 

 

Second Reading of Bills

 

 

Rep. Richardville moved that Rule 48 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

House Bill No. 5266, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 1a, 1e, 1i, 17g, 23, 27, 33, 49, 53, 55, 64, and 67a (MCL 38.1a, 38.1e, 38.1i, 38.17g, 38.23, 38.27, 38.33, 38.49, 38.53, 38.55, 38.64, and 38.67a), section 1a as amended by 1998 PA 205, sections 1e and 1i as amended and sections 53, 55, 64, and 67a as added by 1996 PA 487, sections 17g, 23, and 27 as amended by 1987 PA 241, and sections 33 and 49 as amended by 2002 PA 93, and by adding section 27a.

The bill was read a second time.

 

Rep. Drolet moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Condino 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. 5266, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 1a, 1e, 1i, 17g, 23, 27, 33, 49, 53, 55, 64, and 67a (MCL 38.1a, 38.1e, 38.1i, 38.17g, 38.23, 38.27, 38.33, 38.49, 38.53, 38.55, 38.64, and 38.67a), section 1a as amended by 1998 PA 205, sections 1e and 1i as amended and sections 53, 55, 64, and 67a as added by 1996 PA 487, sections 17g, 23, and 27 as amended by 1987 PA 241, and sections 33 and 49 as amended by 2002 PA 93, and by adding section 27a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 806 Yeas--109

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
DroletKooimanRichardvilleWenke
EhardtLaJoyRivetWilliams
ElkinsLaSataRobertsonWojno
EmmonsLawRoccaWoodward
FarhatLipseySakWoronchak
FarrahMcConicoShackletonZelenko

Gaffney

 

 

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 1943 PA 240, entitled "State employees' retirement act," by amending sections 1a, 1e, 1i, 49, 53, 55, and 64 (MCL 38.1a, 38.1e, 38.1i, 38.49, 38.53, 38.55, and 38.64), section 1a as amended by 1998 PA 205, sections 1e and 1i as amended and sections 53, 55, and 64 as added by 1996 PA 487, and section 49 as amended by 2002 PA 93.

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.

Reps. Hardman, Waters, Daniels, Woronchak, Anderson, O'Neil, Rocca, Gieleghem, Woodward, Pappageorge, Phillips, Rick Johnson, Minore, Zelenko, Kolb, Jamnick, DeRossett, Richardville, Lipsey, Murphy, Tabor, Kooiman, Voorhees, Middaugh, Ehardt, Meyer, Julian, Newell, Vander Veen, Dennis, Williams, Pumford, Shackleton, Brown, Palmer, Gaffney, Cheeks, Smith, Stallworth, Hunter, Hood, Tobocman, Farrah, Paletko, Pastor, Hopgood, Law, Brandenburg, Bieda, Wojno, Acciavatti, Clack, Vagnozzi, DeRoche, Accavitti, Amos, Stakoe, Hune, Gleason, Milosch, Caswell, Nofs, Byrum, Van Regenmorter, Sak, Stahl, Sheen, Huizenga, Farhat, Elkins, Moolenaar, Gillard and Mortimer were named co-sponsors of the bill.

Second Reading of Bills

 

 

Rep. Richardville moved that Rule 48 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

House Bill No. 5279, entitled

A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," by amending sections 3, 4, 14, 14a, 42, and 43 (MCL 38.1603, 38.1604, 38.1614, 38.1614a, 38.1642, and 38.1643), sections 3 and 14 as amended by 2000 PA 374, section 14a as added by 1995 PA 192, section 42 as amended by 1989 PA 191, and section 43 as amended by 2002 PA 96, and by adding section 24a.

The bill was read a second time.

Rep. Accavitti 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. 5279, entitled

A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," by amending sections 3, 4, 14, 14a, 42, and 43 (MCL 38.1603, 38.1604, 38.1614, 38.1614a, 38.1642, and 38.1643), sections 3 and 14 as amended by 2000 PA 374, section 14a as added by 1995 PA 192, section 42 as amended by 1989 PA 191, and section 43 as amended by 2002 PA 96, and by adding section 24a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 807 Yeas--109

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
DroletKooimanRichardvilleWenke
EhardtLaJoyRivetWilliams
ElkinsLaSataRobertsonWojno
EmmonsLawRoccaWoodward
FarhatLipseySakWoronchak
FarrahMcConicoShackletonZelenko

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. Hardman, Waters, McConico, Reeves, Woronchak, Plakas, Anderson, Stewart, O'Neil, Rocca, Gieleghem, Shulman, Phillips, Minore, Zelenko, Kolb, Jamnick, Richardville, Lipsey, Bisbee, Murphy, Tabor, Koetje, Kooiman, Voorhees, Middaugh, Ehardt, Meyer, Julian, Newell, Vander Veen, Howell, Caul, Pumford, Shackleton, Brown, Gaffney, Cheeks, Smith, Stallworth, Hunter, Hood, Tobocman, Farrah, Paletko, Pastor, LaJoy, Hopgood, Brandenburg, Bieda, Meisner, Wojno, Acciavatti, Clack, Condino, Vagnozzi, DeRoche, Taub, Amos, Stakoe, Hune, Gleason, Robertson, Milosch, Caswell, Shaffer, Hoogendyk, Nofs, Wenke, Ward, Byrum, Steil, Sak, Stahl, Sheen, Huizenga, Farhat, Elkins, Moolenaar, Palsrok, Gillard, Casperson and Mortimer were named co-sponsors of the bill.

 

 

______

 

 

Rep. Waters moved that Rep. McConico be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

The Senate returned, in accordance with the request of the House

Senate Bill No. 849, entitled

A bill to amend 1996 PA 381, entitled "An act to authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans relating to the designation and treatment of brownfield redevelopment zones; to promote the revitalization of environmentally distressed areas; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing," by amending section 2 (MCL 125.2652), as amended by 2002 PA 254.

(The bill was passed on December 16, see House Journal No. 94, p. 2393.)

 

Rep. Richardville moved that Rule 67 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

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.

 

 

Third Reading of Bills

 

 

Senate Bill No. 849, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 2 (MCL 125.2652), as amended by 2002 PA 254.

The question being on the passage of the bill,

 

Rep. Robertson moved to substitute (H-1) the bill.

The motion was seconded and the substitute (H-1) was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 808 Yeas--108

 

 
AccavittiGaffneyMeisnerShaffer
AcciavattiGarfieldMeyerSheen
AdaminiGieleghemMiddaughSheltrown
AmosGillardMiloschShulman
AndersonGleasonMinoreSmith
BiedaHagerMoolenaarSpade
BisbeeHardmanMortimerStahl
BradstreetHartMurphyStakoe
BrandenburgHoodNewellStallworth
BrownHoogendykNitzSteil
ByrumHopgoodNofsStewart
CaspersonHowellO'NeilTabor
CaswellHuizengaPaletkoTaub
CaulHummelPalmerTobocman
CheeksHunePalsrokVagnozzi
ClackHunterPappageorgeVan Regenmorter
CondinoJamnickPastorVander Veen
DanielsJohnson, RickPhillipsVoorhees
DennisJohnson, RuthPlakasWalker
DeRocheJulianPumfordWard
DeRossettKoetjeReevesWaters
DroletKolbRichardvilleWenke
EhardtKooimanRivetWilliams
ElkinsLaJoyRobertsonWojno
EmmonsLaSataRoccaWoodward
FarhatLawSakWoronchak
FarrahLipseyShackletonZelenko

 

 

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 authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans relating to the designation and treatment of brownfield redevelopment zones; to promote the revitalization of environmentally distressed areas; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing,"

The House agreed to the full title.

 

 

Second Reading of Bills

 

 

Senate Bill No. 649, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7401c (MCL 333.7401c), as added by 2000 PA 314.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Justice (for amendment, see House Journal No. 86, p. 2135),

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. 649, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7401c (MCL 333.7401c), as added by 2000 PA 314.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 809 Yeas--108

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
EhardtKooimanRichardvilleWenke
ElkinsLaJoyRivetWilliams
EmmonsLaSataRobertsonWojno
FarhatLawRoccaWoodward
FarrahLipseySakWoronchak
GaffneyMcConicoShackletonZelenko

 

 

Nays--1

 

 

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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,"

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. 648, entitled

A bill to amend 1917 PA 167, entitled "Housing law of Michigan," (MCL 125.401 to 125.543) by adding section 85a.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Justice (for amendment, see House Journal No. 86, p. 2135),

The amendment was adopted, a majority of the members serving voting therefor.

 

Rep. Van Regenmorter moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) 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. 648, entitled

A bill to amend 1917 PA 167, entitled "Housing law of Michigan," (MCL 125.401 to 125.543) by adding section 85a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 810 Yeas--109

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
DroletKooimanRichardvilleWenke
EhardtLaJoyRivetWilliams
ElkinsLaSataRobertsonWojno
EmmonsLawRoccaWoodward
FarhatLipseySakWoronchak
FarrahMcConicoShackletonZelenko

Gaffney

 

 

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 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.

 

 

Second Reading of Bills

 

 

Senate Bill No. 650, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17766c (MCL 333.17766c), as added by 1994 PA 38.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Justice (for amendment, see House Journal No. 86, p. 2136),

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. 650, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17766c (MCL 333.17766c), as added by 1994 PA 38.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 811 Yeas--107

 

 
AccavittiGieleghemMeyerSheen
AcciavattiGillardMiddaughSheltrown
AdaminiGleasonMiloschShulman
AmosHagerMinoreSmith
AndersonHardmanMoolenaarSpade
BiedaHartMortimerStahl
BisbeeHoodMurphyStakoe
BradstreetHoogendykNewellStallworth
BrandenburgHopgoodNitzSteil
BrownHowellNofsStewart
ByrumHuizengaO'NeilTabor
CaspersonHummelPaletkoTaub
CaswellHunePalmerTobocman
CaulHunterPalsrokVagnozzi
CheeksJamnickPappageorgeVan Regenmorter
ClackJohnson, RickPastorVander Veen
CondinoJohnson, RuthPhillipsVoorhees
DanielsJulianPlakasWalker
DennisKoetjePumfordWard
DeRossettKolbReevesWaters
EhardtKooimanRichardvilleWenke
ElkinsLaJoyRivetWilliams
EmmonsLaSataRobertsonWojno
FarhatLawRoccaWoodward
FarrahLipseySakWoronchak
GaffneyMcConicoShackletonZelenko
GarfieldMeisnerShaffer

 

 

Nays--2

 

 

DeRoche 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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,"

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. 651, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13n of chapter XVII (MCL 777.13n), as added by 2002 PA 30.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Justice (for amendment, see House Journal No. 86, p. 2136),

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. 651, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13n of chapter XVII (MCL 777.13n), as added by 2002 PA 30.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 812 Yeas--105

 

 
AccavittiGieleghemMiddaughSheen
AcciavattiGillardMiloschSheltrown
AdaminiGleasonMinoreShulman
AmosHagerMoolenaarSmith
AndersonHardmanMortimerSpade
BiedaHartMurphyStahl
BisbeeHoodNewellStakoe
BradstreetHopgoodNitzStallworth
BrandenburgHowellNofsSteil
BrownHuizengaO'NeilStewart
ByrumHummelPaletkoTabor
CaspersonHunterPalmerTaub
CaswellJamnickPalsrokTobocman
CaulJohnson, RickPappageorgeVagnozzi
CheeksJohnson, RuthPastorVan Regenmorter
ClackJulianPhillipsVander Veen
CondinoKoetjePlakasVoorhees
DanielsKolbPumfordWalker
DennisKooimanReevesWard
DeRossettLaJoyRichardvilleWaters
EhardtLaSataRivetWenke
ElkinsLawRobertsonWilliams
EmmonsLipseyRoccaWojno
FarhatMcConicoSakWoodward
FarrahMeisnerShackletonWoronchak
GaffneyMeyerShafferZelenko

Garfield

 

 

Nays--4

 

 

DeRoche Drolet Hoogendyk 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 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. 652, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 502d.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Justice (for amendment, see House Journal No. 86, p. 2136),

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. 652, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 502d.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 813 Yeas--108

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
EhardtKooimanRichardvilleWenke
ElkinsLaJoyRivetWilliams
EmmonsLaSataRobertsonWojno
FarhatLawRoccaWoodward
FarrahLipseySakWoronchak
GaffneyMcConicoShackletonZelenko

 

 

Nays--1

 

 

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, 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.

 

 

Second Reading of Bills

 

 

Senate Bill No. 698, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2002 PA 711.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Justice (for amendment, see House Journal No. 86, p. 2137),

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. 698, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2002 PA 711.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 814 Yeas--108

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
EhardtKooimanRichardvilleWenke
ElkinsLaJoyRivetWilliams
EmmonsLaSataRobertsonWojno
FarhatLawRoccaWoodward
FarrahLipseySakWoronchak
GaffneyMcConicoShackletonZelenko

 

 

Nays--1

 

 

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, 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. 777, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2002 PA 320.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Justice (for amendment, see House Journal No. 86, p. 2137),

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. 777, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2002 PA 320.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 815 Yeas--108

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
EhardtKooimanRichardvilleWenke
ElkinsLaJoyRivetWilliams
EmmonsLaSataRobertsonWojno
FarhatLawRoccaWoodward
FarrahLipseySakWoronchak
GaffneyMcConicoShackletonZelenko

 

 

Nays--1

 

 

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, 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.

 

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

The Speaker laid before the House

House Concurrent Resolution No. 38.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Control of Northern Michigan University relative to the Northern Michigan University Student Services Building.

(For text of concurrent resolution, see House Journal No. 91, p. 2293.)

(The concurrent resolution was reported by the Committee on Appropriations on December 18, consideration of which, under the rules, was postponed until December 23.)

The question being on the adoption of the concurrent resolution,

Rep. Richardville moved that Rule 77 be suspended and the concurrent resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 816 Yeas--109

 

 
AccavittiGarfieldMeisnerShaffer
AcciavattiGieleghemMeyerSheen
AdaminiGillardMiddaughSheltrown
AmosGleasonMiloschShulman
AndersonHagerMinoreSmith
BiedaHardmanMoolenaarSpade
BisbeeHartMortimerStahl
BradstreetHoodMurphyStakoe
BrandenburgHoogendykNewellStallworth
BrownHopgoodNitzSteil
ByrumHowellNofsStewart
CaspersonHuizengaO'NeilTabor
CaswellHummelPaletkoTaub
CaulHunePalmerTobocman
CheeksHunterPalsrokVagnozzi
ClackJamnickPappageorgeVan Regenmorter
CondinoJohnson, RickPastorVander Veen
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWalker
DeRocheKoetjePumfordWard
DeRossettKolbReevesWaters
DroletKooimanRichardvilleWenke
EhardtLaJoyRivetWilliams
ElkinsLaSataRobertsonWojno
EmmonsLawRoccaWoodward
FarhatLipseySakWoronchak
FarrahMcConicoShackletonZelenko

Gaffney

 

 

Nays--0

 

 

In The Chair: Julian

 

 

______

 

 

Rep. Sak moved that Rep. Plakas be excused temporarily from today's session.

The motion prevailed.

 

 

The Speaker laid before the House

House Concurrent Resolution No. 39.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Control of Northern Michigan University relative to the Northern Michigan University Fine and Practical Arts Project.

(For text of concurrent resolution, see House Journal No. 91, p. 2294.)

(The concurrent resolution was reported by the Committee on Appropriations on December 18, consideration of which, under the rules, was postponed until December 23.)

The question being on the adoption of the concurrent resolution,

Rep. Richardville moved that Rule 77 be suspended and the concurrent resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 817 Yeas--108

 

 
AccavittiGaffneyMcConicoShaffer
AcciavattiGarfieldMeisnerSheen
AdaminiGieleghemMeyerSheltrown
AmosGillardMiddaughShulman
AndersonGleasonMiloschSmith
BiedaHagerMinoreSpade
BisbeeHardmanMoolenaarStahl
BradstreetHartMortimerStakoe
BrandenburgHoodMurphyStallworth
BrownHoogendykNewellSteil
ByrumHopgoodNitzStewart
CaspersonHowellNofsTabor
CaswellHuizengaO'NeilTaub
CaulHummelPaletkoTobocman
CheeksHunePalmerVagnozzi
ClackHunterPalsrokVan Regenmorter
CondinoJamnickPappageorgeVander Veen
DanielsJohnson, RickPastorVoorhees
DennisJohnson, RuthPhillipsWalker
DeRocheJulianPumfordWard
DeRossettKoetjeReevesWaters
DroletKolbRichardvilleWenke
EhardtKooimanRivetWilliams
ElkinsLaJoyRobertsonWojno
EmmonsLaSataRoccaWoodward
FarhatLawSakWoronchak
FarrahLipseyShackletonZelenko

 

 

Nays--0

 

 

In The Chair: Julian

 

 

The Speaker laid before the House

House Concurrent Resolution No. 40.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Mid Michigan Community College relative to the
Mid Michigan Community College Student Assessment Center.

(For text of concurrent resolution, see House Journal No. 91, p. 2295.)

(The concurrent resolution was reported by the Committee on Appropriations on December 18, consideration of which, under the rules, was postponed until December 23.)

The question being on the adoption of the concurrent resolution,

Rep. Richardville moved that Rule 77 be suspended and the concurrent resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 818 Yeas--108

 

 
AccavittiGaffneyMcConicoShaffer
AcciavattiGarfieldMeisnerSheen
AdaminiGieleghemMeyerSheltrown
AmosGillardMiddaughShulman
AndersonGleasonMiloschSmith
BiedaHagerMinoreSpade
BisbeeHardmanMoolenaarStahl
BradstreetHartMortimerStakoe
BrandenburgHoodMurphyStallworth
BrownHoogendykNewellSteil
ByrumHopgoodNitzStewart
CaspersonHowellNofsTabor
CaswellHuizengaO'NeilTaub
CaulHummelPaletkoTobocman
CheeksHunePalmerVagnozzi
ClackHunterPalsrokVan Regenmorter
CondinoJamnickPappageorgeVander Veen
DanielsJohnson, RickPastorVoorhees
DennisJohnson, RuthPhillipsWalker
DeRocheJulianPumfordWard
DeRossettKoetjeReevesWaters
DroletKolbRichardvilleWenke
EhardtKooimanRivetWilliams
ElkinsLaJoyRobertsonWojno
EmmonsLaSataRoccaWoodward
FarhatLawSakWoronchak
FarrahLipseyShackletonZelenko

 

 

Nays--0

 

 

In The Chair: Julian

 

 

The Speaker laid before the House

House Concurrent Resolution No. 41.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Michigan Technological University relative to the Michigan Technological University Center for Integrated Learning and Information Technology Project.

(For text of concurrent resolution, see House Journal No. 91, p. 2296.)

(The concurrent resolution was reported by the Committee on Appropriations on December 18, consideration of which, under the rules, was postponed until December 23.)

The question being on the adoption of the concurrent resolution,

Rep. Richardville moved that Rule 77 be suspended and the concurrent resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 819 Yeas--108

 

 
AccavittiGaffneyMcConicoShaffer
AcciavattiGarfieldMeisnerSheen
AdaminiGieleghemMeyerSheltrown
AmosGillardMiddaughShulman
AndersonGleasonMiloschSmith
BiedaHagerMinoreSpade
BisbeeHardmanMoolenaarStahl
BradstreetHartMortimerStakoe
BrandenburgHoodMurphyStallworth
BrownHoogendykNewellSteil
ByrumHopgoodNitzStewart
CaspersonHowellNofsTabor
CaswellHuizengaO'NeilTaub
CaulHummelPaletkoTobocman
CheeksHunePalmerVagnozzi
ClackHunterPalsrokVan Regenmorter
CondinoJamnickPappageorgeVander Veen
DanielsJohnson, RickPastorVoorhees
DennisJohnson, RuthPhillipsWalker
DeRocheJulianPumfordWard
DeRossettKoetjeReevesWaters
DroletKolbRichardvilleWenke
EhardtKooimanRivetWilliams
ElkinsLaJoyRobertsonWojno
EmmonsLaSataRoccaWoodward
FarhatLawSakWoronchak
FarrahLipseyShackletonZelenko

 

 

Nays--0

 

 

In The Chair: Julian

 

 

The Speaker laid before the House

House Concurrent Resolution No. 42.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Community College District of Monroe County relative to the Community College District of Monroe County Instructional Center for Business Training and Performing Arts Building.

(For text of concurrent resolution, see House Journal No. 91, p. 2297.)

(The concurrent resolution was reported by the Committee on Appropriations on December 18, consideration of which, under the rules, was postponed until December 23.)

The question being on the adoption of the concurrent resolution,

Rep. Richardville moved that Rule 77 be suspended and the concurrent resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 820 Yeas--108

 

 
AccavittiGaffneyMcConicoShaffer
AcciavattiGarfieldMeisnerSheen
AdaminiGieleghemMeyerSheltrown
AmosGillardMiddaughShulman
AndersonGleasonMiloschSmith
BiedaHagerMinoreSpade
BisbeeHardmanMoolenaarStahl
BradstreetHartMortimerStakoe
BrandenburgHoodMurphyStallworth
BrownHoogendykNewellSteil
ByrumHopgoodNitzStewart
CaspersonHowellNofsTabor
CaswellHuizengaO'NeilTaub
CaulHummelPaletkoTobocman
CheeksHunePalmerVagnozzi
ClackHunterPalsrokVan Regenmorter
CondinoJamnickPappageorgeVander Veen
DanielsJohnson, RickPastorVoorhees
DennisJohnson, RuthPhillipsWalker
DeRocheJulianPumfordWard
DeRossettKoetjeReevesWaters
DroletKolbRichardvilleWenke
EhardtKooimanRivetWilliams
ElkinsLaJoyRobertsonWojno
EmmonsLaSataRoccaWoodward
FarhatLawSakWoronchak
FarrahLipseyShackletonZelenko

 

 

Nays--0

 

 

In The Chair: Julian

 

 

The Speaker laid before the House

House Concurrent Resolution No. 43.

A concurrent resolution approving an amendment to the conveyance of property to the State Building Authority and the lease among the State of Michigan, the State Building Authority, and Jackson Community College relative to the Jackson Community College Lenawee Extension Center.

(For text of concurrent resolution, see House Journal No. 91, p. 2298.)

(The concurrent resolution was reported by the Committee on Appropriations on December 18, consideration of which, under the rules, was postponed until December 23.)

The question being on the adoption of the concurrent resolution,

Rep. Richardville moved that Rule 77 be suspended and the concurrent resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 821 Yeas--108

 

 
AccavittiGaffneyMcConicoShaffer
AcciavattiGarfieldMeisnerSheen
AdaminiGieleghemMeyerSheltrown
AmosGillardMiddaughShulman
AndersonGleasonMiloschSmith
BiedaHagerMinoreSpade
BisbeeHardmanMoolenaarStahl
BradstreetHartMortimerStakoe
BrandenburgHoodMurphyStallworth
BrownHoogendykNewellSteil
ByrumHopgoodNitzStewart
CaspersonHowellNofsTabor
CaswellHuizengaO'NeilTaub
CaulHummelPaletkoTobocman
CheeksHunePalmerVagnozzi
ClackHunterPalsrokVan Regenmorter
CondinoJamnickPappageorgeVander Veen
DanielsJohnson, RickPastorVoorhees
DennisJohnson, RuthPhillipsWalker
DeRocheJulianPumfordWard
DeRossettKoetjeReevesWaters
DroletKolbRichardvilleWenke
EhardtKooimanRivetWilliams
ElkinsLaJoyRobertsonWojno
EmmonsLaSataRoccaWoodward
FarhatLawSakWoronchak
FarrahLipseyShackletonZelenko

 

 

Nays--0

 

 

In The Chair: Julian

 

 

Messages from the Senate

 

 

House Bill No. 4655, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16221 and 16226 (MCL 333.16221 and 333.16226), section 16221 as amended by 2002 PA 402 and section 16226 as amended by 2002 PA 643.

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 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 16186, 16221, and 16226 (MCL 333.16186, 333.16221, and 333.16226), and sections 16186 and 16226 as amended by 2002 PA 643 and section 16221 as amended by 2002 PA 402, and by adding section 16193.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

 

Rep. Newell moved to amend the Senate substitute (S-1) as follows:

1. Amend page 13, following line 8, by striking out all of enacting sections 2 and 3 and inserting:

"Enacting section 2. (1) Section 20161 as amended by this amendatory act is curative and intended to express the original intent of the legislature regarding the application of 2002 PA 303 and 2002 PA 562, as amended by 2003 PA 113.

(2) Section 20161 as amended by this amendatory act is retroactive and is effective for all quality assurance assessments made after May 9, 2002.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 822 Yeas--108

 

 
AccavittiGaffneyMcConicoShaffer
AcciavattiGarfieldMeisnerSheen
AdaminiGieleghemMeyerSheltrown
AmosGillardMiddaughShulman
AndersonGleasonMiloschSmith
BiedaHagerMinoreSpade
BisbeeHardmanMoolenaarStahl
BradstreetHartMortimerStakoe
BrandenburgHoodMurphyStallworth
BrownHoogendykNewellSteil
ByrumHopgoodNitzStewart
CaspersonHowellNofsTabor
CaswellHuizengaO'NeilTaub
CaulHummelPaletkoTobocman
CheeksHunePalmerVagnozzi
ClackHunterPalsrokVan Regenmorter
CondinoJamnickPappageorgeVander Veen
DanielsJohnson, RickPastorVoorhees
DennisJohnson, RuthPhillipsWalker
DeRocheJulianPumfordWard
DeRossettKoetjeReevesWaters
DroletKolbRichardvilleWenke
EhardtKooimanRivetWilliams
ElkinsLaJoyRobertsonWojno
EmmonsLaSataRoccaWoodward
FarhatLawSakWoronchak
FarrahLipseyShackletonZelenko

 

 

Nays--0

 

 

In The Chair: Julian

 

 

The House agreed to the title as amended.

 

 

House Bill No. 4656, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 430 (MCL 750.430), as amended by 2002 PA 672.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) 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.

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 823 Yeas--108

 

 
AccavittiGaffneyMcConicoShaffer
AcciavattiGarfieldMeisnerSheen
AdaminiGieleghemMeyerSheltrown
AmosGillardMiddaughShulman
AndersonGleasonMiloschSmith
BiedaHagerMinoreSpade
BisbeeHardmanMoolenaarStahl
BradstreetHartMortimerStakoe
BrandenburgHoodMurphyStallworth
BrownHoogendykNewellSteil
ByrumHopgoodNitzStewart
CaspersonHowellNofsTabor
CaswellHuizengaO'NeilTaub
CaulHummelPaletkoTobocman
CheeksHunePalmerVagnozzi
ClackHunterPalsrokVan Regenmorter
CondinoJamnickPappageorgeVander Veen
DanielsJohnson, RickPastorVoorhees
DennisJohnson, RuthPhillipsWalker
DeRocheJulianPumfordWard
DeRossettKoetjeReevesWaters
DroletKolbRichardvilleWenke
EhardtKooimanRivetWilliams
ElkinsLaJoyRobertsonWojno
EmmonsLaSataRoccaWoodward
FarhatLawSakWoronchak
FarrahLipseyShackletonZelenko

 

 

Nays--0

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 4439, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 408, 411, 602, and 711 (MCL 484.1408, 484.1411, 484.1602, and 484.1711), sections 408 and 411 as added by 1999 PA 78, section 602 as amended by 1999 PA 80, and section 711 as added by 1999 PA 79; and to repeal acts and parts of acts.

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.

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 824 Yeas--107

 

 
AccavittiGarfieldMeisnerSheen
AcciavattiGieleghemMeyerSheltrown
AdaminiGillardMiddaughShulman
AmosGleasonMiloschSmith
AndersonHagerMinoreSpade
BiedaHardmanMoolenaarStahl
BisbeeHartMortimerStakoe
BradstreetHoodMurphyStallworth
BrandenburgHoogendykNewellSteil
BrownHopgoodNitzStewart
ByrumHowellNofsTabor
CaspersonHuizengaO'NeilTaub
CaswellHummelPaletkoTobocman
CaulHunePalmerVagnozzi
CheeksHunterPalsrokVan Regenmorter
ClackJamnickPappageorgeVander Veen
CondinoJohnson, RickPastorVoorhees
DanielsJohnson, RuthPhillipsWalker
DennisJulianPumfordWard
DeRocheKoetjeReevesWaters
DeRossettKolbRichardvilleWenke
EhardtKooimanRivetWilliams
ElkinsLaJoyRobertsonWojno
EmmonsLaSataRoccaWoodward
FarhatLawSakWoronchak
FarrahLipseyShackletonZelenko
GaffneyMcConicoShaffer

 

 

Nays--1

 

 

Drolet

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

______

 

 

Rep. Adamini moved that Rep. Brown be excused temporarily from today's session.

The motion prevailed.

 

 

House Bill No. 5022, entitled

A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending section 12 (MCL 41.812), as added by 1989 PA 81.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 825 Yeas--107

 

 
AccavittiGarfieldMeisnerSheen
AcciavattiGieleghemMeyerSheltrown
AdaminiGillardMiddaughShulman
AmosGleasonMiloschSmith
AndersonHagerMinoreSpade
BiedaHardmanMoolenaarStahl
BisbeeHartMortimerStakoe
BradstreetHoodMurphyStallworth
BrandenburgHoogendykNewellSteil
ByrumHopgoodNitzStewart
CaspersonHowellNofsTabor
CaswellHuizengaO'NeilTaub
CaulHummelPaletkoTobocman
CheeksHunePalmerVagnozzi
ClackHunterPalsrokVan Regenmorter
CondinoJamnickPappageorgeVander Veen
DanielsJohnson, RickPastorVoorhees
DennisJohnson, RuthPhillipsWalker
DeRocheJulianPumfordWard
DeRossettKoetjeReevesWaters
DroletKolbRichardvilleWenke
EhardtKooimanRivetWilliams
ElkinsLaJoyRobertsonWojno
EmmonsLaSataRoccaWoodward
FarhatLawSakWoronchak
FarrahLipseyShackletonZelenko
GaffneyMcConicoShaffer

 

 

Nays--0

 

 

In The Chair: Julian

 

 

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

By unanimous consent the House considered House Concurrent Resolution No. 45 out of numerical order.

 

Rep. Richardville offered the following concurrent resolution:

House Concurrent Resolution No. 45.

A concurrent resolution prescribing the legislative schedule.

Resolved by the House of Representatives (the Senate concurring), That when the Legislature adjourns on Thursday, December 18, 2003, it stands adjourned until Tuesday, December 30, 2003, at 11:30 a.m.; and be it further

Resolved, That when the Legislature adjourns on Tuesday, December 30, 2003, it stands adjourned without day.

Pending the reference of the concurrent resolution to a committee,

Rep. Richardville moved that Rule 77 be suspended and the concurrent resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

 

 

Reports of Select Committees

 

 

First Conference Report

 

 

The Committee of Conference on the matters of difference between the two Houses concerning

House Bill No. 4367, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2004; and to provide for the expenditure of the appropriations.

Recommends:

First: That the House and Senate agree to the House Substitute for the Senate Substitute as passed by the House, amended to read as follows:

A bill to make, supplement, and adjust appropriations for the legislative branch, the judicial branch, capital outlay, and certain state departments and agencies for the fiscal year ending September 30, 2003 and the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to prescribe certain conditions for the appropriations; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 1

LINE-ITEM APPROPRIATIONS FOR

FISCAL YEAR 2003-2004

Sec. 101. There is appropriated for capital outlay and certain state departments and agencies for the fiscal year ending September 30, 2004, from the following funds:

APPROPRIATION SUMMARY:

Full-time equated classified positions 90.0
GROSS APPROPRIATION$316,810,300
Total interdepartmental grants and intradepartmental transfers$0
ADJUSTED GROSS APPROPRIATION$316,810,300

Total federal revenues 183,753,200

Total local revenues 250,000

Total private revenues 0

Total other state restricted revenues 50,787,400

State general fund/general purpose $ 82,019,700

Sec. 102. DEPARTMENT OF AGRICULTURE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 448,000

Total interdepartmental grants and intradepartmental transfers (100,000)

ADJUSTED GROSS APPROPRIATION $ 548,000

Total federal revenues 350,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 198,000

State general fund/general purpose $ 0

(2) ANIMAL INDUSTRY
Bovine tuberculosis program$350,000
GROSS APPROPRIATION$350,000

Appropriated from:

Federal revenues:

DAG, multiple grants 350,000

Special revenue funds:

State general fund/general purpose $ 0

(3) ENVIRONMENTAL STEWARDSHIP

Environmental stewardship $ (100,000)

Farmland and open space preservation 170,000


GROSS APPROPRIATION $ 70,000

Appropriated from:

Interdepartmental grant revenues:

IDG from MDEQ, aquifer dispute resolution (100,000)

Special revenue funds:

Agricultural preservation fund 170,000

State general fund/general purpose $ 0

(4) MARKET DEVELOPMENT
Agriculture development, marketing and emergency management$ 28,000
GROSS APPROPRIATION$28,000

Appropriated from:

Special revenue funds:

Licensing and inspection fees 28,000

State general fund/general purpose $ 0

Sec. 103. DEPARTMENT OF ATTORNEY GENERAL

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 688,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 688,000

Total federal revenues 28,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 660,000

(2) ATTORNEY GENERAL OPERATIONS

Prosecuting attorneys coordinating council $ 28,000

Special prosecutions 660,000


GROSS APPROPRIATION $ 688,000

Appropriated from:

Federal revenues:

Federal funds 28,000

Special revenue funds:

State general fund/general purpose $ 660,000

Sec. 104. CAPITAL OUTLAY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 20,400,200

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 20,400,200

Total federal revenues 4,300,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 16,100,000

State general fund/general purpose $ 200

(2) DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

Camp Grayling, electrical service upgrades, for design and construction (total project cost

$2,800,000; federal share $2,800,000) $ 2,800,000

Pontiac readiness center, addition and renovations, for design and construction (total project

cost $1,500,000; federal share $1,500,000) 1,500,000


GROSS APPROPRIATION $ 4,300,000

Appropriated from:

Federal funds:

DOD - department of the army - national guard bureau 4,300,000

State general fund/general purpose $ 0

(3) STATE BUILDING AUTHORITY FINANCED CONSTRUCTION PROJECTS

Department of management and budget - capitol complex renovations, authorized for

design and construction (total authorized cost $27,563,300; state building authority

share $27,563,200; state general fund share $100) $ 100

Kellogg Community College Roll building renovation project authorized for planning in

2002 PA 746, for design and construction (total authorized project cost $4,500,000;

state building authority share $1,624,800; Kellogg Community College share $2,875,000;

state general fund share $200) 100


GROSS APPROPRIATION $ 200

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 200

(4) STATE BUILDING AUTHORITY RENT
State building authority rent - state agencies$ 12,000,000
GROSS APPROPRIATION$12,000,000

Appropriated from:

Special revenue funds:

CMRS emergency telephone fund 12,000,000

State general fund/general purpose $ 0

(5) DEPARTMENT OF TRANSPORTATION

AERONAUTICS FUND: AIRPORT PROGRAMS
Airport safety and protection plan$4,100,000
GROSS APPROPRIATION$4,100,000

Appropriated from:

Special revenue funds:

State aeronautics fund 4,100,000

State general fund/general purpose $ 0

Sec. 105. DEPARTMENT OF CAREER DEVELOPMENT

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 1,087,100

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 1,087,100

Total federal revenues 1,087,100

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 0

(2) WORKFORCE DEVELOPMENT
Employment training services$225,000
GROSS APPROPRIATION$225,000

Appropriated from:

Federal revenues:

DOL-ODEP 225,000

Special revenue funds:

State general fund/general purpose $ 0

(3) DEPARTMENT GRANTS
Technology assistance grants$862,100
GROSS APPROPRIATION$862,100

Appropriated from:

Federal revenues:

DED-OSERS, state grants for technical related assistance 862,100

Special revenue funds:

State general fund/general purpose $ 0

Sec. 106. DEPARTMENT OF COMMUNITY HEALTH

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 238,881,700

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 238,881,700

Total federal revenues 138,677,700

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 704,000

State general fund/general purpose $ 99,500,000

(2) LOCAL HEALTH ADMINISTRATION AND GRANTS
Lead abatement program$289,500
GROSS APPROPRIATION$289,500

Appropriated from:

Special revenue funds:

Total other state restricted revenues 289,500

State general fund/general purpose $ 0

(3) CRIME VICTIM SERVICES COMMISSION
Grants administration services$414,500
GROSS APPROPRIATION$414,500

Appropriated from:

Special revenue funds:

Total other state restricted revenues 414,500

State general fund/general purpose $ 0

(4) MEDICAL SERVICES

Hospital services and therapy $ 55,000,000

Pharmaceutical services 78,377,700

Home health services 4,300,000

Ambulance services 6,000,000

Long-term care services 40,000,000

Health plan services 55,000,000


GROSS APPROPRIATION $ 238,677,700

Appropriated from:

Federal revenues:

Total federal revenues 138,677,700

Special revenue funds:

State general fund/general purpose $ 100,000,000

(5) BUDGETARY SAVINGS
Budgetary savings$(500,000)
GROSS APPROPRIATION$(500,000)

Appropriated from:

Special revenue funds:

State general fund/general purpose $ (500,000)

Sec. 107. DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 1,820,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 1,820,000

Total federal revenues 1,820,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 3,000,000

State general fund/general purpose $ (3,000,000)

(2) EXECUTIVE DIRECTION
Energy office$1,270,000
GROSS APPROPRIATION$1,270,000

Appropriated from:

Federal revenues:

DOE-OEERE, multiple grants 1,270,000

Special revenue funds:

State general fund/general purpose $ 0

(3) PUBLIC SERVICE COMMISSION
Administration, planning, and regulation$ 550,000
GROSS APPROPRIATION$550,000

Appropriated from:

Federal revenues:

DOT-RSPA, gas pipeline safety 550,000

Special revenue funds:

State general fund/general purpose $ 0

(4) TAX TRIBUNAL
Operations$350,000
GROSS APPROPRIATION$350,000

Appropriated from:

Special revenue funds:

Securities fees 350,000

State general fund/general purpose $ 0

(5) SAFETY AND REGULATION
Occupational safety and health$(350,000)
GROSS APPROPRIATION$(350,000)

Appropriated from:

Special revenue funds:

Securities fees (350,000)

State general fund/general purpose $ 0

(6) MANAGEMENT SERVICES

Administrative services $ 0

Rent 0

Building occupancy charges - property development services 0

Worker's compensation 0


GROSS APPROPRIATION $ 0

Appropriated from:

Special revenue funds:

Securities fees $ (2,000,000)

Insurance licensing and regulation fees 2,000,000

State general fund/general purpose $ 0

(7) OFFICE OF FINANCIAL AND INSURANCE SERVICES
Policy conduct and consumer assistance$ 0
GROSS APPROPRIATION$0

Appropriated from:

Special revenue funds:

Securities fees $ (1,000,000)

Insurance licensing and regulation fees 1,000,000

State general fund/general purpose $ 0

(8) EMPLOYMENT RELATIONS

Fact finding and arbitration $ 0

Employment and labor relations 0


GROSS APPROPRIATION $ 0

Appropriated from:

Special revenue funds:

Securities fees $ 3,000,000

State general fund/general purpose $ (3,000,000)

Sec. 108. DEPARTMENT OF CORRECTIONS

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ (12,689,900)

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ (12,689,900)

Total federal revenues 0

Total local revenues 0

Total private revenues $ 0

Total other state restricted revenues 4,198,300

State general fund/general purpose $ (16,888,200)

(2) EXECUTIVE
Sheriffs' coordinating and training office$ 4,000,000
GROSS APPROPRIATION$4,000,000

Appropriated from:

Special revenue funds:

Local corrections officer training fund 4,000,000

State general fund/general purpose $ 0

(3) NORTHERN REGION CORRECTIONAL FACILITIES

Alger maximum correctional facility-Munising $ 1,900

Baraga maximum correctional facility-Baraga 8,000

Kinross correctional facility-Kincheloe 13,300

Newberry correctional facility-Newberry 200

Oaks correctional facility-Eastlake 13,200

Ojibway correctional facility-Marenisco 2,700

Pugsley correctional facility-Kingsley 9,900

Standish maximum correctional facility-Standish 5,400


GROSS APPROPRIATION $ 54,600

Appropriated from:

Special revenue funds:

Camps public works user fees 54,600

State general fund/general purpose $ 0

(4) SOUTHEASTERN REGION CORRECTIONAL FACILITIES

Cooper street correctional facility-Jackson $ 400

Gus Harrison correctional facility-Adrian 61,300

Thumb correctional facility-Lapeer 24,500


GROSS APPROPRIATION $ 86,200

Appropriated from:

Special revenue funds:

Camps public works user fees 86,200

State general fund/general purpose $ 0

(5) SOUTHWESTERN REGION CORRECTIONAL FACILITIES

Carson City correctional facility-Carson City $ 50,600

Florence Crane correctional facility-Coldwater 5,600

Deerfield correctional facility-Ionia 1,300


GROSS APPROPRIATION $ 57,500

Appropriated from:

Special revenue funds:

Camps public works user fees 57,500

State general fund/general purpose $ 0

(6) BUDGETARY SAVINGS
Budgetary savings$(14,888,200)
GROSS APPROPRIATION$(14,888,200)

Appropriated from:

Special revenue funds:

State general fund/general purpose $ (14,888,200)

(7) CORRECTIONAL FACILITIES ADMINISTRATION
Academic/vocational programs$(2,000,000)
GROSS APPROPRIATION$(2,000,000)

Appropriated from:

Special revenue funds:

State general fund/general purpose $ (2,000,000)

Sec. 109. DEPARTMENT OF EDUCATION

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 332,800

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 332,800

Total federal revenues 42,800

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 290,000

State general fund/general purpose $ 0

(2) INFORMATION TECHNOLOGY SERVICES
Information technology operations$ 42,800
GROSS APPROPRIATION$42,800

Appropriated from:

Federal revenues:

Total federal revenues 42,800

State general fund/general purpose $ 0

(3) OFFICE OF SCHOOL EXCELLENCE
School excellence operations$221,000
GROSS APPROPRIATION$221,000

Appropriated from:

Special revenue funds:

Certification fees 221,000

State general fund/general purpose $ 0

(4) GOVERNMENT SERVICES
Government services operations$ 49,900
GROSS APPROPRIATION$49,900

Appropriated from:

Special revenue funds:

Certification fees 49,900

State general fund/general purpose $ 0

(5) SAFE SCHOOLS AND ADMINISTRATIVE LAW
Safe school operations$ 19,100
GROSS APPROPRIATION$19,100

Appropriated from:

Special revenue funds:

Certification fees 19,100

State general fund/general purpose $ 0

Sec. 110. DEPARTMENT OF ENVIRONMENTAL QUALITY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 15,365,500

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 15,365,500

Total federal revenues 2,090,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 13,275,500

State general fund/general purpose $ 0

(2) DEPARTMENT SUPPORT SERVICES

Building occupancy charges $ 1,907,100

Rent-privately owned property 128,400


GROSS APPROPRIATION $ 2,035,500

Appropriated from:

Special revenue funds:

Air emissions fees 193,800

Cleanup and redevelopment fund 30,600

Groundwater discharge permit fees $ 50,000

NPDES fees 90,700

Oil and gas regulatory fund 162,200

Scrap tire regulatory fund 10,700

Sewage sludge land application fee 38,800

Stormwater permit fees 171,200

Waste reduction fee revenue 1,100,000

Water analysis fees 187,500

State general fund/general purpose $ 0

(3) AIR QUALITY
Air quality programs$880,000
GROSS APPROPRIATION$880,000

Appropriated from:

Federal revenues:

EPA-multiple 880,000

Special revenue funds:

State general fund/general purpose $ 0

(4) WASTE AND HAZARDOUS MATERIALS
Medical waste program$240,000
GROSS APPROPRIATION$240,000

Appropriated from:

Special revenue funds:

Medical waste emergency response fund 240,000

State general fund/general purpose $ 0

(5) WATER

Aquifer protection and dispute resolution $ (200,000)

Aquifer protection revolving fund 100,000


GROSS APPROPRIATION $ (100,000)

Appropriated from:

Special revenue funds:

Settlement funds 500,000

Clean Michigan initiative fund - clean water fund (400,000)

Groundwater and freshwater protection fund (200,000)

State general fund/general purpose $ 0

(6) CRIMINAL INVESTIGATIONS
Environmental investigations$210,000
GROSS APPROPRIATION$210,000

Appropriated from:

Federal revenues:

DHS, federal 210,000

Special revenue funds:

State general fund/general purpose $ 0

(7) INFORMATION TECHNOLOGY
Information technology services and projects$ 1,100,000
GROSS APPROPRIATION$1,100,000

Appropriated from:

Special revenue funds:

Waste reduction fee revenue 1,100,000

State general fund/general purpose $ 0

(8) GRANTS
Water pollution control and drinking water revolving fund$ 10,000,000
GROSS APPROPRIATION$10,000,000

Appropriated from:

Special revenue funds:

Strategic water quality initiatives fund 10,000,000

State general fund/general purpose $ 0

(9) ENVIRONMENTAL SCIENCE AND SERVICES
Revitalization revolving loan fund$1,000,000
GROSS APPROPRIATION$1,000,000

Appropriated from:

Federal revenues:

Brownfield cleanup revolving loan fund 1,000,000

Special revenue funds:

State general fund/general purpose $ 0

Sec. 111. FAMILY INDEPENDENCE AGENCY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 33,976,900

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 33,976,900

Total federal revenues 34,476,900

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ (500,000)

(2) EXECUTIVE OPERATIONS

Salaries and wages $ 3,594,500

Contractual services, supplies, and materials 1,405,500


GROSS APPROPRIATION $ 5,000,000

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 5,000,000

(3) CENTRAL SUPPORT ACCOUNTS

Rent $ 2,000,000

Grand tower reimbursement 518,200

Worker's compensation 1,206,300


GROSS APPROPRIATION $ 3,724,500

Appropriated from:

Federal revenues:

Total federal revenues 1,724,500

State general fund/general purpose $ 2,000,000

(4) PUBLIC ASSISTANCE
Day care services$5,000,000
GROSS APPROPRIATION$5,000,000

Appropriated from:

Federal revenues:

Total federal revenues 16,058,900

State general fund/general purpose $ (11,058,900)

(5) INFORMATION TECHNOLOGY

Child support automation $ 9,600,000

Information technology services and projects 6,820,200

Client services system 1,846,100

Data system enhancement 2,486,100


GROSS APPROPRIATION $ 20,752,400

Appropriated from:

Federal revenues:

Total federal revenues 16,693,500

State general fund/general purpose $ 4,058,900

(6) BUDGETARY SAVINGS
Budgetary savings$(500,000)
GROSS APPROPRIATION$(500,000)

Appropriated from:

Special revenue funds:

State general fund/general purpose $ (500,000)

Sec. 112. HIGHER EDUCATION

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 80,700

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 80,700

Total federal revenues 80,700

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 0

(2) GRANTS AND FINANCIAL AID
State competitive scholarships$ 80,700
GROSS APPROPRIATION$80,700

Appropriated from:

Federal revenues:

Higher education act of 1965, title IV, 20 USC 80,700

State general fund/general purpose $ 0

Sec. 113. JUDICIARY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ (500,000)

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ (500,000)

Total federal revenues 0

Total local revenues 250,000

Total private revenues 0

Total other state restricted revenues 350,000

State general fund/general purpose $ (1,100,000)

(2) SUPREME COURT
Direct trial court automation support$250,000
GROSS APPROPRIATION$250,000

Appropriated from:

Special revenue funds:

Local - user fees 250,000

State general fund/general purpose $ 0

(3) BRANCHWIDE APPROPRIATIONS
Branchwide appropriations$(250,000)
GROSS APPROPRIATION$(250,000)

Appropriated from:

Special revenue funds:

State general fund/general purpose $ (250,000)

(4) TRIAL COURT OPERATIONS
Court equity fund reimbursements$ 0
GROSS APPROPRIATION$0

Appropriated from:

Special revenue funds:

Court equity fund $ 350,000

State general fund/general purpose $ (350,000)

(5) JUDICIARY REDUCTIONS
Judiciary reductions$(500,000)
GROSS APPROPRIATION$(500,000)

Appropriated from:

State general fund/general purpose $ (500,000)

Sec. 114. LEGISLATURE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ (1,249,600)

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ (1,249,600)

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ (1,249,600)

(2) LEGISLATURE

Senate $ (335,200)

Senate automated data processing (37,000)

Senate fiscal agency (44,200)

House of representatives (431,000)

House automated data processing (28,400)

House fiscal agency (41,600)

Legislative auditor general (171,400)


GROSS APPROPRIATION $ (1,088,800)

Appropriated from:

Special revenue funds:

State general fund/general purpose $ (1,088,800)

(3) LEGISLATIVE COUNCIL

Legislative council $ (137,200)

Legislative service bureau automated data processing (20,100)

Worker's compensation (2,000)

National association dues (1,500)


GROSS APPROPRIATION $ (160,800)

Appropriated from:

Special revenue funds:

State general fund/general purpose $ (160,800)

Sec. 115. DEPARTMENT OF MANAGEMENT AND BUDGET

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 300,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 300,000

Total federal revenues 300,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 0

(2) MANAGEMENT AND BUDGET SERVICES
Homeland security grant program$300,000
GROSS APPROPRIATION$300,000

Appropriated from:

Federal revenues:

Federal department of homeland security 300,000

Special revenue funds:

State general fund/general purpose $ 0

Sec. 116. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 970,000

Total interdepartmental grants and intradepartmental transfers 100,000

ADJUSTED GROSS APPROPRIATION $ 870,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 770,000

State general fund/general purpose $ 100,000

(2) HEADQUARTERS AND ARMORIES

Headquarters and armories $ 100,000

Homeland security 100,000


GROSS APPROPRIATION $ 200,000

Appropriated from:

Interdepartmental grant revenues:

IDG-DCH 100,000

Special revenue funds:

State general fund/general purpose $ 100,000

(3) GRAND RAPIDS VETERANS' HOME
Grand Rapids veterans' home$570,000
GROSS APPROPRIATION$570,000

Appropriated from:

Special revenue funds:

Income and assessments 570,000

State general fund/general purpose $ 0

(4) D.J. JACOBETTI VETERANS' HOME
D.J. Jacobetti veterans' home$200,000
GROSS APPROPRIATION$200,000

Appropriated from:

Special revenue funds:

Income and assessments 200,000

State general fund/general purpose $ 0

Sec. 117. DEPARTMENT OF NATURAL RESOURCES

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 2,275,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 2,275,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 2,275,000

State general fund/general purpose $ 0

(2) EXECUTIVE
Education and outreach$ 25,000
GROSS APPROPRIATION$25,000

Appropriated from:

Special revenue funds:

Youth hunting and fishing education and outreach fund 25,000

State general fund/general purpose $ 0

(3) GRANTS
Snowmobile local grants program$2,250,000
GROSS APPROPRIATION$2,250,000

Appropriated from:

Special revenue funds:

Snowmobile trail improvement fund 2,250,000

State general fund/general purpose $ 0

Sec. 118. DEPARTMENT OF STATE

(1) APPROPRIATION SUMMARY

Full-time equated classified positions 1.0

GROSS APPROPRIATION $ 255,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 255,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 255,000

(2) CUSTOMER DELIVERY SERVICES

Full-time equated classified positions 1.0
Customer services administration--1.0 FTE positions$ 55,000
GROSS APPROPRIATION$55,000

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 55,000

(3) INFORMATION TECHNOLOGY
Information technology services and projects$ 200,000
GROSS APPROPRIATION$200,000

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 200,000

Sec. 119. DEPARTMENT OF STATE POLICE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 6,100,000

Total interdepartmental grants and intradepartmental transfers 0
ADJUSTED GROSS APPROPRIATION$6,100,000
Total federal revenues$0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 6,100,000

State general fund/general purpose $ 0

(2) UNIFORM SERVICES
At-post troopers$6,100,000
GROSS APPROPRIATION$6,100,000

Appropriated from:

Special revenue funds:

Traffic law enforcement and safety fund 6,100,000

State general fund/general purpose $ 0

Sec. 119a. DEPARTMENT OF TREASURY

(1) APPROPRIATION SUMMARY

Full-time equated classified positions 89.0

GROSS APPROPRIATION $ 11,482,300

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 11,482,300

Total federal revenues 500,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 6,740,000

State general fund/general purpose $ 4,242,300

(2) LOCAL GOVERNMENT PROGRAMS

Full-time equated classified positions 4.0
Local finance--4.0 FTE positions$800,000
GROSS APPROPRIATION$800,000

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 800,000

(3) TAX PROGRAMS

Full-time equated classified positions 49.0

Home heating assistance $ 400,000

Tax compliance--49.0 FTE positions 3,500,000

Tax processing 800,000


GROSS APPROPRIATION $ 4,700,000

Appropriated from:

Federal revenues:

HHS-SSA, low-income energy assistance 400,000

Special revenue funds:
Delinquent tax collection revenue$3,500,000
State general fund/general purpose$800,000

(4) BANKING AND MANAGEMENT SERVICES

Full-time equated classified positions 36.0

Finance and administration $ 640,000

Collections--36.0 FTE positions 2,750,000


GROSS APPROPRIATION $ 3,390,000

Appropriated from:

Special revenue funds:

Delinquent tax collection revenue 2,050,000

Justice system fund 640,000

State general fund/general purpose $ 700,000

(5) GRANTS
Special grants$1,542,300
GROSS APPROPRIATION$1,542,300

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 1,542,300

(6) INFORMATION TECHNOLOGY
Information technology services and projects$ 950,000
GROSS APPROPRIATION$950,000

Appropriated from:

Special revenue funds:

Delinquent tax collection revenue 550,000

State general fund/general purpose $ 400,000

(7) FINANCIAL PROGRAMS
Michigan merit awards board/MEAP administration$ 100,000
GROSS APPROPRIATION$100,000

Appropriated from:

Federal revenues:

NEAP 100,000

Special revenue funds:

State general fund/general purpose $ 0

Sec. 119b. DEPARTMENT OF TRANSPORTATION

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ (3,213,400)

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ (3,213,400)

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues (3,213,400)

State general fund/general purpose $ 0

(2) DEBT SERVICE
Airport safety and protection plan$ (3,213,400)
GROSS APPROPRIATION$(3,213,400)

Appropriated from:

Special revenue funds:

State aeronautics fund (3,213,400)

State general fund/general purpose $ 0

PART 1A

LINE-ITEM APPROPRIATIONS FOR

FISCAL YEAR 2002-2003

Sec. 120. There is appropriated for capital outlay and certain state departments and agencies for the fiscal year ending September 30, 2003, from the following funds:

APPROPRIATION SUMMARY:
GROSS APPROPRIATION$89,857,000
Total interdepartmental grants and intradepartmental transfers$0
ADJUSTED GROSS APPROPRIATION$89,857,000

Total federal revenues 34,408,900

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 55,448,100

State general fund/general purpose $ 0

Sec. 121. DEPARTMENT OF COMMUNITY HEALTH

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 86,857,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 86,857,000

Total federal revenues 34,408,900

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 52,448,100

State general fund/general purpose $ 0

(2) COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE SERVICES

PROGRAMS

Medicaid mental health services $ (10,116,900)

Community mental health non-Medicaid services 39,172,400


GROSS APPROPRIATION $ 29,055,500

Appropriated from:

Special revenue funds:

Total other state restricted revenues 12,615,700

State general fund/general purpose $ 16,439,800

(3) STATE PSYCHIATRIC HOSPITALS, CENTERS FOR PERSONS WITH

DEVELOPMENTAL DISABILITIES, AND FORENSIC AND PRISON MENTAL

HEALTH SERVICES
Northville psychiatric hospital-adult$1,567,000
GROSS APPROPRIATION$1,567,000

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 1,567,000

(4) MEDICAL SERVICES

Hospital services and therapy $ 22,014,800

Home health services 7,398,500

Auxiliary medical services 6,678,200

Long-term care services 38,149,800

MIFamily plan (18,006,800)


GROSS APPROPRIATION $ 56,234,500

Appropriated from:

Federal revenues:

Total federal revenues 34,408,900

Special revenue funds:

Total other state restricted revenues 39,832,400

State general fund/general purpose $ (18,006,800)

Sec. 122. HIGHER EDUCATION

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 3,000,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 3,000,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 3,000,000

State general fund/general purpose $ 0

(2) GRANTS AND FINANCIAL AID
Michigan merit award program$3,000,000
GROSS APPROPRIATION$3,000,000

Appropriated from:

Special revenue funds:

Michigan merit award trust fund 3,000,000

State general fund/general purpose $ 0

PART 2

PROVISIONS CONCERNING APPROPRIATIONS FOR

FISCAL YEAR 2003-2004

GENERAL SECTIONS


Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending under part 1 for fiscal year 2003-2004 is $132,807,100.00. State payments to local units of government under part 1 are $1,542,300.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF TREASURY

Special grants to cities $ 1,542,300


TOTAL PAYMENTS TO LOCAL UNITS OF GOVERNMENT 1,542,300

Sec. 202. The appropriations made and the expenditures authorized under this part and the departments, agencies, commissions, boards, offices, and programs for which an appropriation is made under part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. (1) The negative appropriation for budgetary savings in part 1 shall be satisfied by savings realized from the hiring freeze imposed on the state classified civil service for the fiscal year ending September 30, 2004, efficiencies, lapses, unclassified positions, and other administrative savings that do not jeopardize essential state services identified by department directors and approved by the state budget director.

(2) Appropriation authorization adjustments required to implement negative appropriations for budgetary savings shall be made only after the approval of transfers by the legislature pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 204. Temporary state fiscal relief funds received under section 401(b) of title IV of the jobs and growth tax relief reconciliation act or 2003, Public Law 108-27, for the fiscal year ending September 30, 2004 shall be deposited in the general fund as general purpose revenue and shall be expended to support essential state services provided by the Michigan state police.

DEPARTMENT OF ATTORNEY GENERAL


Sec. 221. From the prisoner reimbursement funds appropriated in part 1 of 2003 PA 161, the department may spend up to $301,700.00 on activities related to the state correctional facilities reimbursement act, 1935 PA 253, MCL 800.401 to 800.406. If the department collects in excess of $1,131,000.00 in prisoner reimbursements, the excess, provided to the general fund up to a maximum of $800,000.00, is appropriated and shall be spent on defense of litigation against the state, its departments, or employees in civil actions filed by prisoners.

Sec. 222. Funds appropriated in part 1 for special prosecutions may only be used to pay costs arising from investigations of intermediate school districts and any subsequent action taken as a result of the investigations.

CAPITAL OUTLAY


Sec. 225. The total project cost for the Schoolcraft College's business and industry training center and Waterman center renovation project authorized in 2000 PA 506 is increased from $26,738,000.00 to $27,916,500.00. The state building authority share remains $13,368,800.00; the state general fund/general purpose share remains $200.00; and the college share is increased from $13,369,000.00 to $14,547,500.00.

Sec. 226. The appropriations in part 1 for department of military and veterans affairs design and construction projects are contingent upon the availability of federal funds for financing. If a state match is required for the Pontiac readiness center project, the department is authorized to match this project through the use of existing capital outlay appropriations to the department.

Sec. 227. The following prior year capital outlay general fund/general purpose accounts for airport improvement programs shall be reduced by the amounts indicated:

(a) 1998 PA 38 airport improvement program ($703,658).

(b) 1999 PA 265 airport improvement program ($3,383,710).

(c) 1999 PA 265 airport improvement program ($12,632).

DEPARTMENT OF CAREER DEVELOPMENT


Sec. 231. For the fiscal year ending September 30, 2004, there is appropriated from the tobacco settlement trust fund to the general fund the amount of $1,000,000.00.

COMMUNITY COLLEGES


Sec. 251. (1) A community college certifying to the state budget director by June 30, 2004 that it did not adopt an increase in tuition and fee rates after December 1, 2003 for the 2003-2004 academic year and that it will not adopt tuition and fee rate increases for the 2004-2005 academic year that exceed the projected fiscal year 2005 increase in the Detroit consumer price index as determined at the January 2004 consensus revenue estimating conference shall be paid in the fiscal year ending September 30, 2004 from state general fund/general purpose revenues an additional state aid allocation as follows:

Alpena Community College $ 147,900

Bay de Noc Community College 143,000

Delta College 400,000

Glen Oaks Community College 67,100

Gogebic Community College 122,400

Grand Rapids Community College 503,100

Henry Ford Community College 613,100

Jackson Community College 339,400

Kalamazoo Valley Community College 346,300

Kellogg Community College 272,100

Kirtland Community College 82,600

Lake Michigan College 146,400

Lansing Community College 870,000

Macomb Community College 928,200

Mid Michigan Community College 123,800

Monroe County Community College 120,500

Montcalm Community College 87,100

C.S. Mott Community College 439,900

Muskegon Community College 250,300

North Central Michigan College 84,800

Northwestern Michigan College 255,400

Oakland Community College 585,600

St. Clair County Community College 196,100

Schoolcraft College 343,700

Southwestern Michigan College 184,500

Washtenaw Community College 349,300

Wayne County Community College 451,500

West Shore Community College 64,300

(2) The state budget director shall implement a reporting requirement to ensure that a community college receiving an allocation under this section has satisfied its tuition restraint requirements.

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES


Sec. 271. From the funds appropriated in section 103 of 2003 PA 167 for the purposes of leasing space to operate an unemployment office, the department of consumer and industry services, due to the consolidation of operations for the purpose of increasing agency efficiencies, shall not expend funds for rental payments or operational expenses for leased premises, 90 days after this act takes effect, at the following locations:

(1) 10296-Alpena: 315 West Chisholm Street, Alpena, MI 49707-2420

(2) 10506-Traverse City: 1209 South Garfield, Traverse City, MI 49696

(3) 10471-Petoskey: 2225 Summit Park Drive, Petoskey, MI 49770

(4) 10470-Manistee: 1560 U.S. 31 South, Manistee, MI 49660

(5) 10505-Ionia: 309 West Adams Street, Ionia, MI 48846

(6) 10502-Holland: 710 Chicago Drive, Holland, MI 49424

(7) 10687-Adrian: 1040 S. Winter Street, Adrian, MI 49221

(8) 10668-Fremont: 4747 West 48th Street, Fremont, MI 49412

DEPARTMENT OF CORRECTIONS


Sec. 301. Due to the consolidation of the department of corrections parole offices for the purposes of increasing agency efficiencies, the department shall not expend funds appropriated in section 104 of 2003 PA 154 for rental payments or operational expenses for the leased premises located at 4240-4242 Cass Avenue, Detroit, Michigan.

Sec. 303. Funds included in part 1 for the sheriffs' coordinating and training office are appropriated for and may be expended to defray the costs of continuing education, certification, recertification, decertification, and training of local corrections officers; the personnel and administrative costs of the sheriffs' coordinating and training office, the local corrections officers advisory board, and the sheriffs' coordinating and training council pursuant to the local corrections officers training act, 2003 PA 125, MCL 791.531 to 791.546.

DEPARTMENT OF ENVIRONMENTAL QUALITY


Sec. 401. (1) Unexpended and unencumbered amounts of cleanup and redevelopment funds and clean Michigan initiative bond funds, appropriated in 1997 PA 114, 1997 PA 113, 1998 PA 292, 1999 PA 125, 2000 PA 275, 2001 PA 43, 1999 PA 111, and 2000 PA 506 for the leaking underground storage tank cleanup program, which lapsed at the end of fiscal year 2002-2003, shall be reappropriated into the remediation and redevelopment fiscal year 2003-2004 appropriation line-item entitled environmental cleanup and redevelopment program.

(2) Unexpended and unencumbered amounts of cleanup and redevelopment funds appropriated in 2000 PA 275, 2001 PA 43, and 2002 PA 520 for storage tanks, emergency cleanup actions, which lapsed at the end of fiscal year 2002-2003, shall be reappropriated into the remediation and redevelopment fiscal year 2003-2004 appropriation line-item entitled emergency cleanup actions.

(3) The funds shall remain available for expenditure as originally intended and at any legislatively approved site in 2003 PA 171, and for any site listed in the public acts referenced in section 217 of 2003 PA 171. Consistent with section 701 of 2003 PA 171, the unexpended funds reappropriated into the environmental cleanup and redevelopment program, and the emergency cleanup actions line-items are considered work project appropriations and any unencumbered or unallotted funds are carried forward into succeeding fiscal years. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the projects to be carried forward is to provide contaminated site cleanup.

(b) The projects will be accomplished by contract.

(c) The total estimated cost of all projects is identified in each line-item appropriation.

(d) The tentative completion date is September 30, 2008.

HISTORY, ARTS, AND LIBRARIES


Sec. 421. One hundred thousand dollars is transferred from the state aid to libraries line item to the historical administration and services line item.

HIGHER EDUCATION


Sec. 451. For the fiscal year ending September 30, 2004, there is appropriated from the Michigan merit award trust fund to the general fund the amount of $63,000,000.00.

Sec. 452. (1) A state university certifying to the state budget director by June 30, 2004 that it did not adopt an increase in tuition and fee rates for resident undergraduate students after December 1, 2003 for the 2003-2004 academic year and that it will not adopt tuition and fee rate increases for resident undergraduate students for the 2004-2005 academic year that exceed the projected fiscal year 2005 increase in the Detroit consumer price index as determined at the January 2004 consensus revenue estimating conference shall be paid in the fiscal year ending September 30, 2004 from state general fund/general purpose revenues an additional state aid allocation as follows:

Central Michigan University $ 2,446,300

Eastern Michigan University 2,366,200

Ferris State University 1,499,000

Grand Valley State University 1,772,600

Lake Superior State University 385,300

Michigan State University 8,801,500

Michigan Technological University 1,491,500

Northern Michigan University 1,404,300

Oakland University 1,472,600

Saginaw Valley State University 800,200

University of Michigan - Ann Arbor 9,816,200

University of Michigan - Dearborn 755,800

University of Michigan - Flint 649,800

Wayne State University 6,848,400

Western Michigan University 3,393,300

(2) The state budget director shall implement a reporting requirement to ensure that a state university receiving an allocation under this section has satisfied its tuition restraint requirements.

JUDICIARY


Sec. 471. The authorized agent for the judiciary shall transfer the savings necessary to achieve the reductions in section 113 of this act to appropriate line items pursuant to section 202(2) of 2003 PA 155.

DEPARTMENT OF MANAGEMENT AND BUDGET


Sec. 501. The appropriation for the department of management and budget for the homeland security grant program is a work project appropriation and any unencumbered or any unallotted funds are carried forward into the following fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to support homeland security activities within the department of management and budget.

(b) The project will be accomplished through purchases and work performed by state employees and contractors.

(c) The total estimated cost of the project is $300,000.00.

(d) The tentative completion date is September 30, 2005.

MILITARY AND VETERANS AFFAIRS


Sec. 510. Any resident military reservist shall also be entitled to a free trip home if that member is at a designated departure site on the date and time that members of the Michigan national guard are scheduled for departure. The reservist will not be reimbursed for expenses to travel to the departure site.

DEPARTMENT OF NATURAL RESOURCES


Sec. 521. Of the appropriation in part 1, for snowmobile local grants program, $2,000,000.00 is allocated for purchasing lands or easements for snowmobile trails; and $250,000.00 is allocated for repairs on crossing grade bridges on a snowmobile trail near Cadillac.

DEPARTMENT OF STATE POLICE


Sec. 551. Unexpended and unencumbered amounts remaining from appropriations from the grants for disaster assistance, 1996 PA 298 and 1997 PA 107 shall not lapse pursuant to section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, but instead are reappropriated for expenditure as originally intended.

DEPARTMENT OF TREASURY


Sec. 601. The appropriation in section 119a for special grants to cities shall be used to restore revenue sharing reductions contained in Executive Order 2003-23 to a city that had an emergency financial manager appointed pursuant to the local government fiscal responsibility act, 1990 PA 72, MCL 141.1201 to 141.1291, continuously from December 10, 2003 through September 30, 2004.

PART 2A

PROVISIONS CONCERNING APPROPRIATIONS FOR

FISCAL YEAR 2002-2003

GENERAL SECTIONS


Sec. 1201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending under part 1A for fiscal year 2002-2003 is $55,448,100.00. State payments to local units of government under part 1A are $0.

Sec. 1202. The appropriations made and the expenditures authorized under this part and the departments, agencies, commissions, boards, offices, and programs for which an appropriation is made under part 1A are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

DEPARTMENT OF ENVIRONMENTAL QUALITY


Sec. 1401. For the fiscal year 2002-2003, settlement fund resources in the amount of $500,000.00 shall carryforward into fiscal year 2003-2004 for appropriations to aquifer protection revolving fund program, as provided in part 1.

DEPARTMENT OF TREASURY


Sec. 1551. For the fiscal year ending September 30, 2003, there is appropriated from the tobacco settlement trust fund to the Michigan merit award trust fund the amount of $6,000,000.00.

REPEALER


Sec. 1601. Section 902 of 2003 PA 171 is repealed.

Sec. 1602. Section 1401 of 2003 PA 173 is repealed.

Sec. 1603. Section 605 of 2003 PA 157 is repealed.

Sec. 1604. Section 1251 of 2003 PA 173 is repealed.

Second: That the House and Senate agree to the title of the bill to read as follows:

A bill to make, supplement, and adjust appropriations for the legislative branch, the judicial branch, capital outlay, and certain state departments and agencies for the fiscal year ending September 30, 2003 and the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to prescribe certain conditions for the appropriations; and to repeal acts and parts of acts.

Marc Shulman

Rick Johnson

Rich Brown

Conferees for the House

 

Shirley Johnson

Kenneth R. Sikkema

Robert L. Emerson

Conferees for the Senate

The Speaker announced that under Joint Rule 9 the conference report would lie over one day.

Rep. Richardville moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the text having been made available to each Member.

The motion prevailed.

The question being on the adoption of the conference report,

The conference report was then adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 826 Yeas--105

 

 
AccavittiGillardMeyerShaffer
AcciavattiGleasonMiddaughSheen
AdaminiHagerMiloschSheltrown
AmosHardmanMinoreShulman
AndersonHartMoolenaarSmith
BiedaHoodMortimerSpade
BisbeeHoogendykMurphyStahl
BrandenburgHopgoodNewellStakoe
BrownHowellNitzStallworth
ByrumHuizengaNofsSteil
CaspersonHummelO'NeilStewart
CaswellHunePaletkoTaub
CaulHunterPalmerTobocman
CheeksJamnickPalsrokVagnozzi
ClackJohnson, RickPappageorgeVan Regenmorter
CondinoJohnson, RuthPastorVander Veen
DanielsJulianPhillipsVoorhees
DennisKoetjePlakasWalker
DeRocheKolbPumfordWard
DeRossettKooimanReevesWaters
EhardtLaJoyRichardvilleWenke
ElkinsLaSataRivetWilliams
EmmonsLawRobertsonWojno
FarhatLipseyRoccaWoodward
FarrahMcConicoSakWoronchak
GaffneyMeisnerShackletonZelenko

Gieleghem

 

 

Nays--4

 

 

Bradstreet Drolet Garfield Tabor

 

 

In The Chair: Julian

 

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Rep. Richardville moved that pursuant to House Rule 20, the Clerk of the House be authorized to enroll House bills while the House is not in session.

The motion prevailed.

 

 

______

 

 

Rep. Richardville moved that when the House adjourns today it stand adjourned until Tuesday, December 30, at 11:30 a.m.

The motion prevailed.

Reps. Julian, Brandenburg, Brown, Casperson, Caswell, DeRossett, Ehardt, Emmons, Farhat, Garfield, Huizenga, Meyer, Minore, Pappageorge, Richardville, Sak, Shulman, Tabor, Taub, Vander Veen, Voorhees and Zelenko offered the following concurrent resolution:

House Concurrent Resolution No. 44.

A concurrent resolution to memorialize the Congress of the United States to affirm support of state-empowered individual property rights and to urge the Congress and the Secretary of the Interior to take certain actions related to the Stupak-Thrall Court case originating in Gogebic County.

Whereas, Despite the principles of federalism, there continue to be cases of increased overreaching by the federal government, which threatens the rights of both the states and their citizens. The case of Stupak-Thrall, et al. v United States Forest Service provides a clear example of federal disregard for such rights; and

Whereas, In 1966, under the threat of condemnation by the United States Forest Service (USFS), the owners of the area called Sylvania (most of which surrounds Crooked Lake in Gogebic County in Michigan's Upper Peninsula), agreed to sell their property to the USFS. The sale of this property deeded government lots (only the upland, excluding the inland lake water areas), and 14,890 acres (not the 18,327 acres as reported to Congress by the USFS). The sale of this property also included an encumbrance recognizing the rights of adjacent waterfront property owners. Pursuant to Michigan law, both the USFS and remaining property owners on the north shore of Crooked Lake hold equal rights to the use of the entire surface of Crooked Lake; and

Whereas, In 1987, Congress passed the Michigan Wilderness Act (MWA), which designated Forest Service land in the Ottawa National Forest, called Sylvania, as "wilderness." Congress declared the wilderness designation to be "subject to valid existing rights," thus preserving Michigan's sovereignty and laws, which grant all riparian owners along inland lakes rights in common to use the entire surface of the lake in accordance with established state law. Furthermore, the Ottawa National Forest Plan identifies wilderness management and clarifies that "management applies only to federal land not to state, county, private or other ownership"; and

Whereas, In 1992, despite congressional legislative language that only federal areas could be designated wilderness (the inland lake waters inside Sylvania wilderness remain in Michigan's public trust) and that valid existing property rights granted by state law would be respected, the Forest Service promulgated regulations to govern the surface use of Crooked Lake. Among other things, the regulations banned the use of sailboats on all of the lake except the small bay upon which private landowners reside. This effectively created a "fencing action" defining federal v. private authority, an action not allowed by Michigan state law. The USFS is thus regulating a state-owned area without the knowledge or participation of Michigan officials; and

Whereas, The United States District Court found for the USFS, and the Sixth Circuit Court of Appeals, in a 7-7 en-banc decision, stated: "Rights of the riparian owner are also subject to federal regulation under the property clause of the United States Constitution," 843F.Supp.327 (W.D. Mich. 1994). Stupak-Thrall, et al. appealed to the United States Supreme Court; and

Whereas, Given the importance of the issues and the impact on state's rights, Governor John Engler filed an amicus brief. Four other state Attorneys General, from Colorado, California, Alaska, and South Dakota, also filed amicus briefs as they too saw a precedent for the federal government usurping state sovereignty. Ultimately, the United States Supreme Court denied the petition for a writ of certiorari, leaving intact the decision of the District Court, which leaves the door open for future cases of creeping federalism; and

Whereas, In 1995, the USFS issued additional wilderness regulations for the surface use of Crooked Lake (again, without notice to or participation by Michigan officials) and attempted to prohibit motorboat use on 97% of the lake surface. The court ruled in favor of recognizing valid existing property rights, a ruling that is currently waiting court dates because the USFS is appealing; and

Whereas, The USFS claims that, contrary to Michigan law and provisions of the MWA, the surface of 97.1% of Crooked Lake is in fact owned and controlled by the USFS, and, contrary to Michigan law, no other riparian owners may use "their" portion of the lake without complying with USFS rules, which include obtaining a federal USFS permit to do so; and

Whereas, The USFS makes this claim only after manipulating section lines and ignoring found and marked meandered corners of the original Government Land Office (GLO) survey, which is in violation of all federal and state-established survey laws. This attempt, if allowed to stand, undermines the integrity of examined and approved GLO original plat drawings upon which all Michigan sovereignty, property ownership, and ownership rights are dependent; and

Whereas, To ensure Michigan its sovereign powers and its citizens and landowners their valid existing property rights, steps must be taken by the state of Michigan and Congress to guarantee that the USFS respects the sovereign state of Michigan, its laws, and the intent of Congress expressed in the MWA. While the USFS may regulate its own property in a manner consistent with ownership and the intent of Congress, the federal government must not be allowed to interfere with the legislative and judicial rights of the private individual and must maintain the sovereign powers of the state of Michigan, which holds in "public trust" all inland lake water for the people of Michigan; and

Whereas, It is vitally important that the sovereignty of the state of Michigan and its property, survey, and water laws prevail; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to affirm support of state-empowered individual property rights and to amend the Michigan Wilderness Act to protect the rights of property owners in conflicts with the United States Forest Service. We also urge Congress to address the specific issues of the Stupak-Thrall case in the House Committee on Resources' Subcommittee on Forests and Forest Health and to clarify that it is not the intention of the United States Congress to allow a federal agency, such as the United States Forest Service, to redraw or alter in any way original Government Land Office surveys when such actions interfere with established state surveys, private property, and associated rights; and be it further

Resolved, That we call upon the Secretary of the Interior, who has the authority to address issues related to federal surveys and their accuracy, to retrace the GLO Survey of the Sylvania Wilderness, specifically along the section line of T45N and R40W, Section 34, along the southeast line, paying special attention to the survey's treatment of the Crooked Lake location. We urge the Secretary of the Interior to ensure that no illegal fence or boundary are created; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on Judiciary.

 

 

Messages from the Senate

 

 

Senate Bill No. 826, entitled

A bill to repeal 1903 LA 540, entitled "An act to establish a board of county auditors for the county of Saginaw and to prescribe their powers and duties.".

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Judiciary.

 

 

Senate Bill No. 827, entitled

A bill to repeal 1905 LA 653, entitled "An act to provide the manner of voting by the members of the board of supervisors of Saginaw county.".

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Judiciary.

 

 

______

 

 

Rep. Ward moved that the House adjourn.

The motion prevailed, the time being 6:30 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Tuesday, December 30, at 11:30 a.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives