2004-HJ-05-06-039.htm

No. 39

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Thursday, May 6, 2004.

10:00 a.m.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Accavitti--present Garfield--present Meisner--present Sheen--present

Acciavatti--present Gieleghem--present Meyer--present Sheltrown--present

Adamini--present Gillard--present Middaugh--present Shulman--present

Amos--present Gleason--present Milosch--present Smith--excused

Anderson--present Hager--present Minore--present Spade--present

Bieda--present Hardman--present Moolenaar--present Stahl--present

Bisbee--present Hart--present Mortimer--present Stakoe--present

Bradstreet--present Hood--present Murphy--present Stallworth--present

Brandenburg--present Hoogendyk--present Newell--present Steil--present

Brown--present Hopgood--present Nitz--present Stewart--present

Byrum--present Howell--present Nofs--present Tabor--present

Casperson--present Huizenga--present O'Neil--present Taub--present

Caswell--present Hummel--present Palmer--present Tobocman--present

Caul--present Hune--present Palsrok--present Vagnozzi--present

Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present

Clack--present Jamnick--present Pastor--present Vander Veen--present

Condino--present Johnson, Rick--present Phillips--e/d/s Voorhees--present

Daniels--e/d/s Johnson, Ruth--present Plakas--present Walker--present

Dennis--present Julian--present Pumford--present Ward--present

DeRoche--present Koetje--present Reeves--present Waters--present

DeRossett--present Kolb--present Richardville--present Wenke--present

Drolet--present Kooiman--present Rivet--present Whitmer--present

Ehardt--present LaJoy--present Robertson--present Williams--present

Elkins--present LaSata--present Rocca--present Wojno--present

Emmons--present Law--present Sak--present Woodward--present

Farhat--present Lipsey--present Shackleton--present Woronchak--present

Farrah--present McConico--present Shaffer--present Zelenko--present

Gaffney--present

e/d/s = entered during session

Rep. John Garfield, from the 45th District, offered the following invocation:

"Most High God, I come to You in the name of Jesus, asking for divine protection for the people of this nation. I pray for the safety of every man, woman and child. Keep us from harms way and provide protection from plans of destruction that our enemies have plotted. Stop strategies of destruction that our enemies would try to evoke. Give wisdom, understanding and discernment to those who provide protection. Help us to be watchful and alert to signs of wrongdoing. Provide insight to national and local authorities on ways to guard, defend and insure the safety of all American citizens both at home and abroad. Help us to unite with government leaders and law enforcement personnel in making this country a safe place to live, work and play; allowing Americans to enjoy freedom without fear. In Jesus name, we pray. Amen."

______

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 1026, entitled

A bill to designate Michigan manufacturing day in the state of Michigan.

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.

______

Rep. Hoogendyk moved that Reps. DeRoche and Sheen be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1026, entitled

A bill to designate Michigan manufacturing day in the state of Michigan.

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

Roll Call No. 302 Yeas--103

Accavitti Gieleghem Meisner Sheltrown

Acciavatti Gillard Meyer Shulman

Adamini Gleason Middaugh Spade

Amos Hager Milosch Stahl

Anderson Hardman Minore Stakoe

Bieda Hart Moolenaar Stallworth

Bradstreet Hood Mortimer Steil

Brandenburg Hoogendyk Murphy Stewart

Brown Hopgood Newell Tabor

Byrum Howell Nitz Taub

Casperson Huizenga Nofs Tobocman

Caswell Hummel O'Neil Vagnozzi

Caul Hune Palmer Van Regenmorter

Cheeks Hunter Palsrok Vander Veen

Clack Jamnick Pappageorge Voorhees

Condino Johnson, Rick Pastor Walker

Dennis Johnson, Ruth Plakas Ward

DeRossett Julian Pumford Waters

Drolet Koetje Reeves Wenke

Ehardt Kolb Richardville Whitmer

Elkins Kooiman Rivet Williams

Emmons LaJoy Robertson Wojno

Farhat LaSata Rocca Woodward

Farrah Law Sak Woronchak

Gaffney Lipsey Shackleton Zelenko

Garfield McConico Shaffer

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Phillips entered the House Chambers.

Rep. Woronchak moved that Rep. Wenke be excused temporarily from today's session.

The motion prevailed.

House Bill No. 5665, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 261c.

(The bill was read a third time and postponed for the day on May 5, see House Journal No. 38, p. 851.)

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. 303 Yeas--104

Accavitti Garfield McConico Shackleton

Acciavatti Gieleghem Meisner Shaffer

Adamini Gillard Meyer Sheltrown

Amos Gleason Middaugh Shulman

Anderson Hager Milosch Spade

Bieda Hardman Minore Stahl

Bisbee Hart Moolenaar Stakoe

Bradstreet Hood Mortimer Stallworth

Brandenburg Hoogendyk Murphy Steil

Brown Hopgood Newell Stewart

Byrum Howell Nitz Tabor

Casperson Huizenga Nofs Taub

Caswell Hummel O'Neil Tobocman

Caul Hune Palmer Vagnozzi

Cheeks Hunter Palsrok Van Regenmorter

Clack Jamnick Pappageorge Vander Veen

Condino Johnson, Rick Pastor Voorhees

Dennis Johnson, Ruth Phillips Walker

DeRossett Julian Plakas Ward

Drolet Koetje Pumford Waters

Ehardt Kolb Reeves Whitmer

Elkins Kooiman Richardville Williams

Emmons LaJoy Rivet Wojno

Farhat LaSata Robertson Woodward

Farrah Law Rocca Woronchak

Gaffney Lipsey Sak Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

Senate Bill No. 653, entitled

A bill 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 section 20129a (MCL 324.20129a), as amended by 1999 PA 30, and by adding section 3122a.

(The bill was received from the Senate on April 22, with an amendment to the House substitute (H-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 27, see House Journal No. 33, p. 755.)

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. 304 Yeas--104

Accavitti Garfield McConico Shaffer

Acciavatti Gieleghem Meisner Sheltrown

Adamini Gillard Meyer Shulman

Amos Gleason Middaugh Spade

Anderson Hager Milosch Stahl

Bieda Hardman Minore Stakoe

Bisbee Hart Moolenaar Stallworth

Bradstreet Hood Mortimer Steil

Brandenburg Hoogendyk Murphy Stewart

Brown Hopgood Newell Tabor

Byrum Howell Nitz Taub

Casperson Huizenga Nofs Tobocman

Caswell Hummel O'Neil Vagnozzi

Caul Hune Palmer Van Regenmorter

Cheeks Hunter Palsrok Vander Veen

Clack Jamnick Pappageorge Voorhees

Condino Johnson, Rick Pastor Walker

Dennis Johnson, Ruth Phillips Ward

DeRossett Julian Plakas Waters

Drolet Koetje Pumford Wenke

Ehardt Kolb Reeves Whitmer

Elkins Kooiman Richardville Williams

Emmons LaJoy Robertson Wojno

Farhat LaSata Rocca Woodward

Farrah Law Sak Woronchak

Gaffney Lipsey Shackleton Zelenko

Nays--0

In The Chair: Julian

Second Reading of Bills

House Bill No. 5701, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1294.

The bill was read a second time.

Rep. Palmer 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. Daniels entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5701, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1294.

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

Roll Call No. 305 Yeas--60

Acciavatti Hager Middaugh Shackleton

Amos Hart Milosch Shaffer

Bisbee Hoogendyk Moolenaar Shulman

Bradstreet Howell Mortimer Stahl

Brandenburg Huizenga Newell Stakoe

Casperson Hummel Nitz Steil

Caswell Hune Nofs Stewart

Caul Johnson, Rick Palmer Tabor

DeRossett Johnson, Ruth Palsrok Taub

Drolet Julian Pappageorge Van Regenmorter

Ehardt Koetje Pastor Vander Veen

Emmons Kooiman Pumford Voorhees

Farhat LaJoy Richardville Walker

Gaffney LaSata Robertson Ward

Garfield Meyer Rocca Wenke

Nays--46

Accavitti Farrah McConico Spade

Adamini Gieleghem Meisner Stallworth

Anderson Gillard Minore Tobocman

Bieda Gleason Murphy Vagnozzi

Brown Hardman O'Neil Waters

Byrum Hood Phillips Whitmer

Cheeks Hopgood Plakas Williams

Clack Hunter Reeves Wojno

Condino Jamnick Rivet Woodward

Daniels Kolb Sak Woronchak

Dennis Law Sheltrown Zelenko

Elkins Lipsey

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 5702, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 9.

The bill was read a second time.

Rep. Emmons 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. 5702, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 9.

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

Roll Call No. 306 Yeas--61

Acciavatti Hart Milosch Shackleton

Amos Hoogendyk Moolenaar Shaffer

Bisbee Howell Mortimer Shulman

Bradstreet Huizenga Newell Stahl

Brandenburg Hummel Nitz Stakoe

Casperson Hune Nofs Steil

Caswell Johnson, Rick Palmer Stewart

Caul Johnson, Ruth Palsrok Tabor

DeRossett Julian Pappageorge Taub

Drolet Koetje Pastor Van Regenmorter

Ehardt Kooiman Pumford Vander Veen

Emmons LaJoy Richardville Voorhees

Farhat LaSata Rivet Walker

Gaffney Meyer Robertson Ward

Garfield Middaugh Rocca Wenke

Hager

Nays--45

Accavitti Farrah Lipsey Spade

Adamini Gieleghem McConico Stallworth

Anderson Gillard Meisner Tobocman

Bieda Gleason Minore Vagnozzi

Brown Hardman Murphy Waters

Byrum Hood O'Neil Whitmer

Cheeks Hopgood Phillips Williams

Clack Hunter Plakas Wojno

Condino Jamnick Reeves Woodward

Daniels Kolb Sak Woronchak

Dennis Law Sheltrown Zelenko

Elkins

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 5586, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3101 (MCL 324.3101), as amended by 2001 PA 114, and by adding section 3111b.

Was read a second time, and the question being on the adoption of the proposed substitute (H-6) previously recommended by the Committee on Great Lakes and Tourism,

The substitute (H-6) was adopted, a majority of the members serving voting therefor.

Rep. Brown moved to amend the bill as follows:

1. Amend page 7, following line 6, by inserting:

"Enacting section 2. Section 51107 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.51107, is repealed.".

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

Rep. Acciavatti moved to amend the bill as follows:

1. Amend page 5, line 16, after "with" by striking out "the" and inserting "both of the following:

(a) The".

2. Amend page 5, following line 18, by inserting:

"(b) Any emergency management coordinator appointed for a city, village, or township located in that county.".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Acciavatti 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. 5586, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3101 (MCL 324.3101), as amended by 2001 PA 114, and by adding section 3111b.

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

Roll Call No. 307 Yeas--106

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheltrown

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Spade

Anderson Hager Minore Stahl

Bieda Hardman Moolenaar Stakoe

Bisbee Hart Mortimer Stallworth

Bradstreet Hood Murphy Steil

Brandenburg Hoogendyk Newell Stewart

Brown Hopgood Nitz Tabor

Byrum Howell Nofs Taub

Casperson Huizenga O'Neil Tobocman

Caswell Hummel Palmer Vagnozzi

Caul Hune Palsrok Van Regenmorter

Cheeks Hunter Pappageorge Vander Veen

Clack Jamnick Pastor Voorhees

Condino Johnson, Rick Phillips Walker

Daniels Johnson, Ruth Plakas Ward

Dennis Julian Pumford Waters

DeRossett Koetje Reeves Wenke

Drolet Kolb Richardville Whitmer

Ehardt Kooiman Rivet Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shackleton Zelenko

Gaffney McConico

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 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3101 (MCL 324.3101), as amended by 2004 PA 90, and by adding section 3111b; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

Senate Bill No. 977, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3101 and 3115 (MCL 324.3101 and 324.3115), section 3101 as amended by 2001 PA 114, and by adding section 3111b.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Great Lakes and Tourism,

The substitute (H-4) 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.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 977, entitled

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

Roll Call No. 308 Yeas--105

Accavitti Gieleghem Meisner Shaffer

Acciavatti Gillard Meyer Sheltrown

Adamini Gleason Middaugh Shulman

Amos Hager Milosch Spade

Anderson Hardman Minore Stahl

Bieda Hart Moolenaar Stakoe

Bisbee Hood Mortimer Stallworth

Bradstreet Hoogendyk Murphy Steil

Brandenburg Hopgood Newell Stewart

Brown Howell Nitz Tabor

Byrum Huizenga Nofs Taub

Casperson Hummel O'Neil Tobocman

Caswell Hune Palmer Vagnozzi

Caul Hunter Palsrok Van Regenmorter

Cheeks Jamnick Pappageorge Vander Veen

Clack Johnson, Rick Pastor Voorhees

Condino Johnson, Ruth Phillips Walker

Daniels Julian Plakas Ward

DeRossett Koetje Pumford Waters

Drolet Kolb Reeves Wenke

Ehardt Kooiman Richardville Whitmer

Elkins LaJoy Rivet Williams

Emmons LaSata Robertson Wojno

Farhat Law Rocca Woodward

Farrah Lipsey Sak Woronchak

Gaffney McConico Shackleton Zelenko

Garfield

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:

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.

______

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

The motion prevailed.

Rep. Sheen, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 302-308. Had I been present, I would have voted 'yea'."

Rep. DeRoche, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 302-308. Had I been present, I would have voted 'yea'."

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Transportation, by Rep. DeRossett, Chair, reported

House Bill No. 4358, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 719 (MCL 257.719), as amended by 2002 PA 453.

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 under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. DeRossett, Casperson, Hummel, Gaffney, Hune, Huizenga, LaJoy, Robertson, Ward, Adamini and Elkins

Nays: Rep. Tobocman

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 6, 2004

Present: Reps. DeRossett, Casperson, Hummel, Gaffney, Hune, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins

Absent: Rep. DeRoche

Excused: Rep. DeRoche

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

Senate Bill No. 267, entitled

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

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

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, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Sak, Zelenko and O'Neil

Nays: None

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

House Concurrent Resolution No. 49.

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 Washtenaw Community College relative to the Washtenaw Community College Plumbers and Pipefitters Building.

(For text of concurrent resolution, see House Journal No. 28, p. 575.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Sak, Zelenko and O'Neil

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, May 6, 2004

Present: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Sak, Zelenko and O'Neil

Absent: Rep. Mortimer

Excused: Rep. Mortimer

The Committee on Judiciary, by Rep. Howell, Chair, reported

House Bill No. 5467, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending the title and sections 2, 3, and 3a (MCL 551.102, 551.103, and 551.103a), the title and section 2 as amended by 1998 PA 333, section 3 as amended by 1984 PA 346, and section 3a as amended by 1989 PA 270, and by adding sections 2a and 2b.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Garfield, Wenke, Lipsey, Adamini and Bieda

Nays: None

The Committee on Judiciary, by Rep. Howell, Chair, reported

House Bill No. 5468, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 269.

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 under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke and Lipsey

Nays: Rep. Bieda

The Committee on Judiciary, by Rep. Howell, Chair, reported

House Bill No. 5469, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," (MCL 551.101 to 551.111) by amending the title, as amended by 1998 PA 333, and by adding section 12.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke and Lipsey

Nays: Rep. Bieda

The Committee on Judiciary, by Rep. Howell, Chair, reported

House Bill No. 5470, entitled

A bill to amend 1846 RS 84, entitled "Of divorce," (MCL 552.1 to 552.45) by adding sections 5 and 5a.

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 under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Pappageorge, Voorhees, Gaffney, Garfield, Wenke and Lipsey

Nays: Reps. Koetje, Adamini, Bieda and Condino

The Committee on Judiciary, by Rep. Howell, Chair, reported

House Bill No. 5472, entitled

A bill to amend 1846 RS 84, entitled "Of divorce," by amending section 45 (MCL 552.45).

With the recommendation that the substitute (H-3) 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 under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Lipsey and Bieda

Nays: Rep. Condino

The Committee on Judiciary, by Rep. Howell, Chair, reported

House Bill No. 5473, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending sections 3 and 4 (MCL 551.103 and 551.104), section 3 as amended by 1984 PA 346.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda and Condino

Nays: None

The Committee on Judiciary, by Rep. Howell, Chair, reported

House Bill No. 5474, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16901, 16903, and 16905 (MCL 333.16901, 333.16903, and 333.16905), as added by 1995 PA 126.

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 under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda and Condino

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 6, 2004

Present: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda and Condino

Absent: Rep. Smith

Excused: Rep. Smith

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ruth Johnson, Chair, of the Committee on Land Use and Environment, was received and read:

Meeting held on: Wednesday, May 5, 2004

Present: Reps. Ruth Johnson, LaJoy, DeRossett, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law

Absent: Rep. Ehardt

Excused: Rep. Ehardt

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, May 6, for her approval of the following bills:

Enrolled House Bill No. 5026 at 12:11 p.m.

Enrolled House Bill No. 5182 at 12:13 p.m.

Enrolled House Bill No. 5197 at 12:15 p.m.

Enrolled House Bill No. 5427 at 12:17 p.m.

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Thursday, May 6:

House Bill Nos. 5853 5854 5855 5856 5857 5858

House Joint Resolution Y

The Clerk announced that the following Senate bills had been received on Thursday, May 6:

Senate Bill Nos. 320 927 1023 1024 1107 1167

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4937, entitled

A bill to amend 1965 PA 290, entitled "Boiler act of 1965," by amending sections 2, 3, and 7a (MCL 408.752, 408.753, and 408.757a), sections 2 and 3 as amended by 1986 PA 277 and section 7a as amended by 1982 PA 176.

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. 5093, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 17g, 23, 27, 33, and 67a (MCL 38.17g, 38.23, 38.27, 38.33, and 38.67a), sections 17g, 23, and 27 as amended by 1987 PA 241, section 33 as amended by 2002 PA 93, and section 67a as added by 1996 PA 487, and by adding section 27a.

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. 5545, entitled

A bill to amend 1993 PA 331, entitled "An act to provide for the levy and collection of a state education tax; to provide for the distribution of the tax; and to prescribe the duties of certain local officials and state officers," by amending section 5b (MCL 211.905b), as added by 2002 PA 244.

The Senate has concurred in the House amendment to the Senate substitute (S-1).

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

House Bill No. 5500, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 1113 (MCL 436.2113), as amended by 1998 PA 416, and by adding section 1114.

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.

House Bill No. 5554, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending the heading to part 525 and section 52501 (MCL 324.52501), as added by 1995 PA 57, and by adding sections 52502, 52503, 52504, 52505, 52506, and 52507.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Senate Bill No. 320, entitled

A bill to amend 1978 PA 90, entitled "Youth employment standards act," by amending section 11 (MCL 409.111), as amended by 2000 PA 418.

The Senate has passed the bill.

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

Senate Bill No. 927, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43705 (MCL 324.43705), as added by 2001 PA 50.

The Senate has passed the bill.

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

Senate Bill No. 1023, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 52511; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 1024, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 50501, 50502, 50504, 50506, 50507, and 50508 (MCL 324.50501, 324.50502, 324.50504, 324.50506, 324.50507, and 324.50508), as added by 1995 PA 57.

The Senate has passed the bill.

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

Senate Bill No. 1107, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2005; and to provide for the expenditure of the appropriations.

The Senate has passed the bill.

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

Senate Bill No. 1167, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending the title and sections 4, 4a, 5a, 7, and 9 (MCL 28.724, 28.724a, 28.725a, 28.727, and 28.729), section 4 as amended by 1999 PA 85 and section 4a as added and sections 5a, 7, and 9 as amended by 2002 PA 542, and by adding section 5b.

The Senate has passed the bill.

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

Notices

Public Hearing

Select Committee on the Detroit Water and Sewerage Department

Date: Monday, May 10, 2004

Time: 6:30 8:00 p.m.

Place: Macomb Community College

Center Campus

44575 Garfield Road

Clinton Twp. MI 48038

Rep. Chris Ward,

Chair

Agenda: Detroit Water and Sewer Board and any/or all business properly before this committee.

Communications from State Officers

The following communication from the Department of Transportation was received and read:

April 29, 2004

The Historic Heritage Route Committee approved the proposal to nominate US-12, from New Buffalo to Detroit, as a Historic Heritage route. A nominating team, comprised of individuals, businesses, and governmental agencies, submitted a Heritage Route application that is a testimony to their dedication and commitment to establishing US-12 as a notable travel destination. We are proud of their efforts and invite your review.

Public Acts of 1993, Number 69, titled "Michigan Heritage Routes," requires that the House and Senate standing committees on transportation have the opportunity to review and comment on proposed Heritage Routes. The committees may hold hearings. If no hearings are scheduled or no action is taken by either committee within 30 days, the addition of US-12 to the Heritage Route system will be considered approved.

Simultaneous with the committees' review is an opportunity for public comment. A notice will be placed with the appropriate local news agencies, advertising the proposed addition of US-12 to the Historic Heritage Route system. After a 30 day public comment period, and if no negative comments are received, the Michigan Department of Transportation will designate US-12 as a Historic Heritage Route. At approximately 209 miles long, US-12 will be Michigan's longest Historic Route.

We look forward to working with you on this and other transportation related issues. If you have comments or questions, please contact me or Susan P. Mortel, Director, Bureau of Transportation Planning, at 517-373-0343.

Sincerely,

Gloria J. Jeff

Director

The communication was referred to the Clerk.

Introduction of Bills

Reps. Lipsey, Howell, Voorhees, Bieda, Gaffney and Koetje introduced

House Bill No. 5859, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 3204 and 3212 (MCL 600.3204 and 600.3212), as amended by 1994 PA 397.

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

Reps. Murphy, Williams, Tobocman, Hopgood, Kolb, Dennis, Phillips, Accavitti, Whitmer, Gleason, Byrum, Stallworth, Waters, Reeves, Elkins, Condino, Clack and Hardman introduced

House Bill No. 5860, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57f (MCL 400.57f), as amended by 2001 PA 280.

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

Reps. Murphy, Williams, Tobocman, Hopgood, Kolb, Phillips, Dennis, Accavitti, Whitmer, Gleason, Byrum, Stallworth, Waters, Elkins, Condino, Clack and Hardman introduced

House Bill No. 5861, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 17a.

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

______

Rep. Drolet moved that the House adjourn.

The motion prevailed, the time being 2:45 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, May 11, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives