No. 68

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Wednesday, August 10, 2005.

1:00 p.m.

The House was called to order by the Clerk.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was not present.

Rep. Rick Shaffer, from the 59th District, offered the following invocation:

"Our gracious Father in Heaven, once again we come before You with humility. We recognize Your sovereignty and appreciate that You have given us many blessings, we are thankful for. Father we thank You as we go about the peoples' business today. We would ask You for Your wisdom and Your guidance today upon us so that we may effectuate a good state policy in this, our state, the great state of Michigan. So once again we would ask a blessing not only upon our body, but on our staff support as well today. In Jesus' name, Amen."

Reports of Standing Committees

The Committee on Commerce, by Rep. Huizenga, Chair, reported

House Bill No. 4538, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 2 and 8 (MCL 207.772 and 207.778), section 2 as amended by 2004 PA 396.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Green, Hildenbrand, Jones, Pavlov, Schuitmaker, Meisner, Tobocman, Dillon, Accavitti and McConico

Nays: None

The Committee on Commerce, by Rep. Huizenga, Chair, reported

House Bill No. 4539, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 3 and 4 (MCL 207.773 and 207.774), section 3 as amended by 2004 PA 396 and section 4 as amended by 2004 PA 566.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Green, Hildenbrand, Jones, Pavlov, Schuitmaker, Meisner, Tobocman, Dillon, Accavitti and McConico

Nays: None

The Committee on Commerce, by Rep. Huizenga, Chair, reported

House Bill No. 4540, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 9 (MCL 207.779), as amended by 2003 PA 127.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Green, Hildenbrand, Jones, Pavlov, Schuitmaker, Meisner, Tobocman, Dillon, Accavitti and McConico

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, August 10, 2005

Present: Reps. Huizenga, Baxter, Emmons, Palsrok, Green, Hildenbrand, Jones, Pavlov, Schuitmaker, Meisner, Tobocman, Dillon, Accavitti and McConico

Absent: Reps. Wenke, David Law, Marleau, Murphy and Bennett

Excused: Reps. Wenke, David Law, Marleau, Murphy and Bennett

Notices

August 4, 2005

Ms. Carol Viventi Mr. Gary Randall

Secretary of the Senate Clerk of the House

P.O. Box 30036 P.O. Box 30014

Lansing, MI 48909 Lansing, MI 48909

Dear Ms. Viventi and Mr. Randall:

Pursuant to Public Act 224 of 2004 (MCL 600.1082) we are making the following appointment to the State Drug Treatment Court Advisory Committee:

Mr. Ken Aud, 16682 Huntington Woods Drive, Macomb Twp., MI 48042, representing a probation officer who has worked for at least two years for a drug or alcohol treatment court.

Respectfully,

Ken Sikkema Craig M. DeRoche

Senate Majority Leader Speaker of the House

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, August 4:

House Bill Nos. 5072 5073 5074 5075 5076 5077 5078 5079 5080

Communications from State Officers

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

July 29, 2005

Pursuant to the provisions of the Campaign Finance Act, 1976 PA 388, as amended, MCL 169.1 et seq, (the "Act"), the various dollar figures specified in section 46 have been reviewed in light of the changes in the Consumer Price Index compiled by the United States Department of Labor and the number of registered voters in the state. By this letter I am transmitting the results of that review in accordance with the provisions of section 46. These figures are not recommendations for legislative changes.

The Consumer Price Index for August 2004 was 186.8, which represents an increase in prices of 3.26% since August of 2002. Since October of 2002 there has been a 5.40% increase in the number of registered voters in the state from 6,797,293 to 7,164,047.

The first column of figures (Current) is the dollar amounts included in current law. The second column (CPI) reflects the current amounts as adjusted by the Consumer Price Index. The third column (CPI and Voters) is adjusted to show the change in the number of registered voters as well as the change in the CPI.

Sincerely,

Terri Lynn Land

Secretary of State

The communication was referred to the Clerk.

The following communication from the Auditor General was received and read:

August 5, 2005

Enclosed is a copy of the following audit report and/or report summary:

Financial audit, including the provisions of the Single Audit Act, of the

Department of Agriculture

for the period October 1, 2002 through September 30, 2004

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.

Introduction of Bills

Rep. Drolet introduced

House Bill No. 5081, entitled

A bill to amend 1846 RS 1, entitled "Of the statutes," by amending section 3q (MCL 8.3q).

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

Rep. Drolet introduced

House Bill No. 5082, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 686 (MCL 168.686), as amended by 2003 PA 284.

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Rep. Jones introduced

House Bill No. 5083, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 2a and 34c (MCL 211.2a and 211.34c), section 2a as amended by 1982 PA 539 and section 34c as amended by 2002 PA 620.

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

Reps. Lemmons, III and Lemmons, Jr. introduced

House Bill No. 5084, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 764b (MCL 168.764b), as amended by 1996 PA 207.

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Reps. Lemmons, III and Lemmons, Jr. introduced

House Bill No. 5085, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 2005 PA 1, and by adding section 682c.

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

Reps. Lemmons, III and Lemmons, Jr. introduced

House Bill No. 5086, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4z.

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

Rep. Lemmons, III introduced

House Bill No. 5087, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 12601, 12604, 12604a, 12605, and 12611 (MCL 333.12601, 333.12604, 333.12604a, 333.12605, and 333.12611), section 12601 as amended and section 12604a as added by 1988 PA 315, sections 12604 and 12611 as amended by 1993 PA 217, and section 12605 as amended by 1988 PA 296.

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

Rep. Lemmons, III introduced

House Bill No. 5088, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," (MCL 552.601 to 552.650) by adding section 5f.

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

Reps. Lemmons, III and Lemmons, Jr. introduced

House Bill No. 5089, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding sections 143a, 143b, and 143c.

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

Rep. Lemmons, III introduced

House Bill No. 5090, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 82103, 82105, 82106, and 82116 (MCL 324.82103, 324.82105, 324.82106, and 324.82116), sections 82103 and 82116 as added by 1995 PA 58, section 82105 as amended by 1998 PA 297, and section 82106 as amended by 2004 PA 587, and by adding sections 82103a, 82103b, 82103c, 82103d, 82103e, 82103f, 82103g, 82103h, 82103i, 82103j, 82103k, 82103l, and 82116a.

The bill was read a first time by its title and referred to the Committee on Banking and Financial Services

______

The Clerk declared the House adjourned until Wednesday, August 17, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives