No. 9

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature


REGULAR SESSION OF 2006


House Chamber, Lansing, Wednesday, February 1, 2006.

1:00 p.m.

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

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

Accavitti--present Elsenheimer--present Law, Kathleen--present Robertson--present

Acciavatti--present Emmons--present Leland--present Rocca--present

Adamini--present Espinoza--present Lemmons, III--excused Sak--present

Amos--present Farhat--present Lemmons, Jr.--present Schuitmaker--present

Anderson--present Farrah--present Lipsey--e/d/s Shaffer--present

Angerer--present Gaffney--present Marleau--present Sheen--present

Ball--present Garfield--present Mayes--present Sheltrown--present

Baxter--present Gillard--present McConico--e/d/s Smith, Alma--present

Bennett--present Gleason--present McDowell--present Smith, Virgil--present

Bieda--present Gonzales--present Meisner--present Spade--present

Booher--present Gosselin--present Meyer--present Stahl--present

Brandenburg--present Green--present Miller--present Stakoe--present

Brown--present Hansen--present Moolenaar--excused Steil--present

Byrnes--present Hildenbrand--present Moore--present Stewart--present

Byrum--present Hood--present Mortimer--present Taub--present

Casperson--present Hoogendyk--present Murphy--present Tobocman--present

Caswell--present Hopgood--present Newell--present Vagnozzi--present

Caul--present Huizenga--present Nitz--present Van Regenmorter--present

Cheeks--present Hummel--present Nofs--present Vander Veen--present

Clack--present Hune--present Palmer--present Walker--present

Clemente--present Hunter--present Palsrok--present Ward--present

Condino--present Jones--present Pastor--present Waters--present

Cushingberry--e/d/s Kahn--present Pavlov--present Wenke--present

DeRoche--present Kolb--present Pearce--present Whitmer--present

Dillon--present Kooiman--present Plakas--present Williams--present

Donigan--present LaJoy--present Polidori--present Wojno--present

Drolet--present Law, David--present Proos--present Zelenko--excused

e/d/s = entered during session

Rep. Pam Byrnes, from the 52nd District, offered the following invocation:

"'Let the words of my mouth and the meditation of my heart be acceptable in Thy sight, O Lord, my strength and my Redeemer.' Psalms 19:14

SHALL WE PRAY,

Father-Mother God, which fills all space,

Guard us and guide us.

Help us to know that we, Your children, are made in Your image and likeness.

That we all reflect Your Love, Your forgiveness and Your goodness.

We open up our hearts and fill them with joy and thanksgiving to enable us to love our neighbors as ourselves and to do unto others as we would have them do unto us.

Grant us the capacity to change for the better and the will to do our part to accomplish that change. We thank You for Your grace and everlasting love. Amen."

______

Rep. Sak moved that Reps. Lemmons, III and Zelenko be excused from today's session.

The motion prevailed.

Rep. Palmer moved that Rep. Moolenaar be excused from today's session.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 351, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2004 PA 97, and by adding section 16322 and part 165.

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

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

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

The motion prevailed.

House Bill No. 5494, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending the title and sections 5, 7, 9, 10, 10a, 11, 21, 23, 25, 27, 29, 31, 33, 39, 41, 43, 49, 51, 53, 55, 57, 61, 67, 69, 70, and 73 (MCL 257.1805, 257.1807, 257.1809, 257.1810, 257.1810a, 257.1811, 257.1821, 257.1823, 257.1825, 257.1827, 257.1829, 257.1831, 257.1833, 257.1839, 257.1841, 257.1843, 257.1849, 257.1851, 257.1853, 257.1855, 257.1857, 257.1861, 257.1867, 257.1869, 257.1870, and 257.1873), sections 5, 7, 10, and 10a as amended by 2000 PA 49, section 23 as amended by 1990 PA 322, section 33 as amended by 2001 PA 130, section 49 as amended by 1994 PA 309, section 53 as amended by 2004 PA 131, section 55 as amended by 2004 PA 231, and section 57 as amended by 1996 PA 170; and to repeal acts and parts of acts.

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

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5154, entitled

A bill to amend 1987 PA 248, entitled "Airport parking tax act," by amending section 7a (MCL 207.377a), as added by 2002 PA 680.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Senate Bill No. 621, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 20173a and 20173b; and to repeal acts and parts of acts.

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

Roll Call No. 30 Yeas--98

Accavitti Emmons Law, Kathleen Sak

Acciavatti Espinoza Leland Schuitmaker

Adamini Farhat Lemmons, Jr. Shaffer

Amos Farrah Marleau Sheen

Anderson Gaffney Mayes Sheltrown

Angerer Garfield McDowell Smith, Alma

Ball Gillard Meisner Smith, Virgil

Baxter Gleason Meyer Spade

Bieda Gonzales Moore Stahl

Booher Gosselin Mortimer Stakoe

Brandenburg Green Murphy Steil

Brown Hansen Newell Stewart

Byrnes Hildenbrand Nitz Taub

Byrum Hood Nofs Tobocman

Casperson Hopgood Palmer Vagnozzi

Caswell Huizenga Palsrok Van Regenmorter

Caul Hummel Pastor Vander Veen

Cheeks Hune Pavlov Walker

Clack Hunter Pearce Ward

Clemente Jones Plakas Waters

Condino Kahn Polidori Wenke

DeRoche Kolb Proos Whitmer

Dillon Kooiman Robertson Williams

Donigan LaJoy Rocca Wojno

Elsenheimer Law, David

Nays--4

Bennett Drolet Hoogendyk Miller

In The Chair: Kooiman

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to protect 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 provide for the levy of taxes against certain health facilities or agencies; 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. Ward moved that the bill be given immediate effect.

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

The House returned to the consideration of

House Bill No. 5154, entitled

A bill to amend 1987 PA 248, entitled "Airport parking tax act," by amending section 7a (MCL 207.377a), as added by 2002 PA 680.

(The bill was considered earlier today, see today's Journal p. 122.)

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. 31 Yeas--102

Accavitti Elsenheimer Law, David Rocca

Acciavatti Emmons Law, Kathleen Sak

Adamini Espinoza Leland Schuitmaker

Amos Farhat Lemmons, Jr. Shaffer

Anderson Farrah Marleau Sheen

Angerer Gaffney Mayes Sheltrown

Ball Garfield McDowell Smith, Alma

Baxter Gillard Meisner Smith, Virgil

Bennett Gleason Meyer Spade

Bieda Gonzales Miller Stahl

Booher Gosselin Moore Stakoe

Brandenburg Green Mortimer Steil

Brown Hansen Murphy Stewart

Byrnes Hildenbrand Newell Taub

Byrum Hood Nitz Tobocman

Casperson Hoogendyk Nofs Vagnozzi

Caswell Hopgood Palmer Van Regenmorter

Caul Huizenga Palsrok Vander Veen

Cheeks Hummel Pastor Walker

Clack Hune Pavlov Ward

Clemente Hunter Pearce Waters

Condino Jones Plakas Wenke

DeRoche Kahn Polidori Whitmer

Dillon Kolb Proos Williams

Donigan Kooiman Robertson Wojno

Drolet LaJoy

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

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

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

Senate Bill No. 622, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," (MCL 400.701 to 400.737) by adding sections 34b and 34c; and to repeal acts and parts of acts.

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

Roll Call No. 32 Yeas--99

Accavitti Emmons Law, David Sak

Acciavatti Espinoza Law, Kathleen Schuitmaker

Adamini Farhat Leland Shaffer

Amos Farrah Lemmons, Jr. Sheen

Anderson Gaffney Marleau Sheltrown

Angerer Garfield Mayes Smith, Alma

Ball Gillard McDowell Smith, Virgil

Baxter Gleason Meisner Spade

Bieda Gonzales Meyer Stahl

Booher Gosselin Moore Stakoe

Brandenburg Green Mortimer Steil

Brown Hansen Murphy Stewart

Byrnes Hildenbrand Newell Taub

Byrum Hood Nitz Tobocman

Casperson Hoogendyk Nofs Vagnozzi

Caswell Hopgood Palmer Van Regenmorter

Caul Huizenga Palsrok Vander Veen

Cheeks Hummel Pastor Walker

Clack Hune Pavlov Ward

Clemente Hunter Pearce Waters

Condino Jones Plakas Wenke

DeRoche Kahn Polidori Whitmer

Dillon Kolb Proos Williams

Donigan Kooiman Robertson Wojno

Elsenheimer LaJoy Rocca

Nays--3

Bennett Drolet Miller

In The Chair: Kooiman

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of social services and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts,"

The House agreed to the full title.

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

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

______

Rep. Lipsey entered the House Chambers.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5104, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 627 (MCL 257.627), as amended by 2004 PA 62.

(The bill was received from the Senate on January 31, 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. 8, p. 115.)

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. 33 Yeas--90

Acciavatti Espinoza Law, Kathleen Proos

Adamini Farhat Leland Robertson

Amos Farrah Lemmons, Jr. Rocca

Anderson Gaffney Lipsey Sak

Angerer Garfield Marleau Schuitmaker

Ball Gillard Mayes Shaffer

Baxter Gleason McDowell Sheen

Booher Gonzales Meisner Sheltrown

Brandenburg Gosselin Meyer Spade

Brown Green Moore Stahl

Byrnes Hansen Mortimer Stakoe

Byrum Hildenbrand Murphy Steil

Casperson Hoogendyk Newell Stewart

Caswell Hopgood Nitz Taub

Caul Huizenga Nofs Van Regenmorter

Clack Hummel Palmer Vander Veen

Clemente Hune Palsrok Walker

Condino Jones Pastor Ward

DeRoche Kahn Pavlov Waters

Dillon Kolb Pearce Wenke

Drolet Kooiman Plakas Whitmer

Elsenheimer LaJoy Polidori Williams

Emmons Law, David

Nays--13

Accavitti Donigan Miller Tobocman

Bennett Hood Smith, Alma Vagnozzi

Bieda Hunter Smith, Virgil Wojno

Cheeks

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

The Speaker laid before the House

House Bill No. 5168, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16146, 16174, and 16245 (MCL 333.16146, 333.16174, and 333.16245), section 16146 as amended by 1988 PA 462, section 16174 as amended by 2002 PA 643, and section 16245 as amended by 1998 PA 109, and by adding sections 20173a and 20173b; and to repeal acts and parts of acts.

(The bill was received from the Senate on January 31, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 8, p. 116.)

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. 34 Yeas--101

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Leland Sak

Adamini Farhat Lemmons, Jr. Schuitmaker

Amos Farrah Lipsey Shaffer

Anderson Gaffney Marleau Sheen

Angerer Garfield Mayes Sheltrown

Ball Gillard McDowell Smith, Alma

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Gosselin Miller Stahl

Booher Green Moore Stakoe

Brandenburg Hansen Mortimer Steil

Brown Hildenbrand Murphy Stewart

Byrnes Hood Newell Taub

Byrum Hopgood Nitz Tobocman

Casperson Huizenga Nofs Vagnozzi

Caswell Hummel Palmer Van Regenmorter

Caul Hune Palsrok Vander Veen

Cheeks Hunter Pastor Walker

Clack Jones Pavlov Ward

Clemente Kahn Pearce Waters

Condino Kolb Plakas Wenke

DeRoche Kooiman Polidori Whitmer

Dillon LaJoy Proos Williams

Donigan Law, David Robertson Wojno

Elsenheimer

Nays--2

Drolet Hoogendyk

In The Chair: Kooiman

The House agreed to the title as amended.

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. 5448, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 147 (MCL 330.1147), as amended by 1991 PA 40, and by adding section 134a.

(The bill was received from the Senate on January 31, 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. 8, p. 116.)

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. 35 Yeas--101

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Lipsey Schuitmaker

Amos Gaffney Marleau Shaffer

Anderson Garfield Mayes Sheen

Angerer Gillard McConico Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moore Stakoe

Brown Hildenbrand Mortimer Steil

Byrnes Hood Murphy Stewart

Byrum Hopgood Newell Taub

Casperson Huizenga Nitz Tobocman

Caswell Hummel Nofs Vagnozzi

Caul Hune Palmer Van Regenmorter

Cheeks Hunter Palsrok Vander Veen

Clack Jones Pastor Walker

Clemente Kahn Pavlov Ward

Condino Kolb Pearce Waters

DeRoche Kooiman Plakas Wenke

Dillon LaJoy Polidori Whitmer

Donigan Law, David Proos Williams

Elsenheimer Law, Kathleen Robertson Wojno

Emmons

Nays--3

Bennett Drolet Hoogendyk

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Kooiman, Accavitti, Anderson, Ball, Booher, Brown, Byrum, Caswell, Caul, Cheeks, Clack, Condino, Espinoza, Farrah, Garfield, Gillard, Gleason, Gonzales, Gosselin, Green, Hansen, Hildenbrand, Hopgood, Jones, LaJoy, Leland, Lemmons, Jr., Marleau, Mayes, McDowell, Meyer, Mortimer, Murphy, Nofs, Palmer, Pearce, Plakas, Polidori, Proos, Sak, Shaffer, Sheltrown, Alma Smith, Spade, Taub, Tobocman, Vander Veen, Waters and Wojno offered the following resolution:

House Resolution No. 191.

A resolution recognizing May 2006 as Hearing Loss Awareness Month in the state of Michigan.

Whereas, Currently 31 million Americans have hearing loss. As baby boomers reach retirement age, starting in 2010, this number is expected to rapidly climb and nearly double by the year 2030; and

Whereas, It is estimated that 1.4 million people in the state of Michigan have hearing loss; and

Whereas, Among seniors, hearing loss is the third most treatable disabling condition behind arthritis and hypertension; and

Whereas, While 95 percent of people with hearing loss could be successfully treated with hearing aids and listening devices, only 22 percent currently use them; and

Whereas, Everyday approximately 3 in 1,000 newborns are born profoundly deaf or with a partial hearing loss making hearing loss the number one birth defect in America; and

Whereas, Hearing loss can greatly hinder everyday, ordinary communication, and people with a hearing loss often feel a sense of isolation and decreased self-confidence; and

Whereas, It is important that people with hearing loss in the state of Michigan be aware that there are many disability organizations, audiologists and hearing professionals, assistive listening device manufacturers, and support groups that offer a large range of solutions to help people with hearing loss; now, therefore, be it further

Resolved by the House of Representatives, That the members of this legislative body recognize May 2006 as Hearing Loss Awareness Month in the state of Michigan.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Sheen, Chair, reported

House Bill No. 5313, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 28 (MCL 211.28), as amended by 1993 PA 292.

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. Sheen, Meyer, Gosselin, Newell, Drolet, Hoogendyk, Stakoe, Jones, Marleau, Bieda, Miller, Meisner, Bennett and Mayes

Nays: None

The Committee on Tax Policy, by Rep. Sheen, Chair, reported

Senate Bill No. 569, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 266 (MCL 206.266), as amended by 2001 PA 70.

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. Sheen, Meyer, Gosselin, Newell, Hoogendyk, Stakoe, Jones, Marleau, Bieda, Miller, Meisner and Mayes

Nays: None

The Committee on Tax Policy, by Rep. Sheen, Chair, reported

Senate Bill No. 570, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 39c (MCL 208.39c), as amended by 2001 PA 69.

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. Sheen, Meyer, Gosselin, Newell, Hoogendyk, Stakoe, Jones, Marleau, Bieda, Miller, Meisner and Mayes

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sheen, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, February 1, 2006

Present: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Hoogendyk, Stakoe, Jones, Marleau, Bieda, Miller, Meisner, Bennett and Mayes

Absent: Reps. Palmer, Farrah and Zelenko

Excused: Reps. Palmer, Farrah and Zelenko

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Monday, January 30, 2006

Present: Reps. Nitz, Ball, Newell, Casperson, Proos, Hune, Spade and Kathleen Law

Absent: Reps. Stahl, Mayes and Sheltrown

Excused: Reps. Stahl, Mayes and Sheltrown

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Nofs, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, February 1, 2006

Present: Reps. Nofs, Proos, Drolet, Garfield, Huizenga, LaJoy, Palsrok, Stahl, Baxter, Moore, Schuitmaker, Dillon, Accavitti, Murphy, Mayes, Hopgood and Clemente

Absent: Reps. Emmons and Hunter

Excused: Reps. Emmons and Hunter

Notices

Waiver

of Remaining Session Days

TO: Peter L. Plummer, Executive Director

State Office of Administrative Hearings and Rules

Secretary of the Senate

Clerk of the House

FROM: Senator Michael Bishop, Chair

Representative Jim Marleau, Alternate Chair

DATE: February 1, 2006

Pursuant to MCL 24.245a(1) the Joint Committee on Administrative Rules has by a concurrent majority vote, waived the remaining session days for the following rule set: Department of Environmental Quality--Office of Geological Survey--Nonferrous Metallic Mining (2005-001 EQ) dated January 18, 2006.

According to MCL 24.245a(2), if the Committee waives the remaining session days, the State Office of Administrative Hearings and Rules may immediately file the rule.

Sincerely,

Senator Michael Bishop Representative Jim Marleau

Chair Alternate Chair

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, February 1:

House Bill Nos. 5615 5616 5617 5618 5619

Senate Bill Nos. 1016 1017

Communications from State Officers

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

Notice of Filing

Administrative Rules

January 19, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 2:10 P.M. this date, administrative rule (06-01-03) for the Department of Labor and Economic Growth, Director's Office, entitled Part 11. "Premanufactured Units" These rules take effect April 1, 2006.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communication was referred to the Clerk.

Introduction of Bills

Rep. Garfield introduced

House Bill No. 5620, entitled

A bill to amend 1988 PA 234, entitled "Michigan Vietnam veterans memorial act," by amending section 5a (MCL 35.1055a), as added by 2000 PA 470.

The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.

Reps. McDowell, Espinoza, Alma Smith, Tobocman, Wojno, Kolb, Gleason, Bieda, Condino, Lipsey, Sak, Leland, Plakas, Brown, Anderson, Meisner, Angerer, Donigan, Gonzales, Sheltrown, Spade, Dillon, Vagnozzi, Lemmons, Jr., Whitmer, Clack, Williams, Hood, Hunter, Cheeks, Miller, Gillard, Polidori and Lemmons, III introduced

House Bill No. 5621, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2005 PA 214.

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

Reps. Lemmons, III, Lemmons, Jr., McConico, Waters, Kolb, Miller, Murphy, Hunter, Condino, Alma Smith, Leland, Virgil Smith, Bennett, Williams, Gleason, Tobocman, Accavitti, Farrah and Cheeks introduced

House Bill No. 5622, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," (MCL 791.201 to 791.283) by adding section 69b.

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

Rep. Hune introduced

House Bill No. 5623, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 30708 (MCL 324.30708), as added by 1995 PA 59, and by adding section 30708a.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.

Reps. Hune, Hildenbrand, Gaffney, Marleau and Farrah introduced

House Bill No. 5624, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1305 (MCL 500.1305), as amended by 1992 PA 182.

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

Rep. Mortimer introduced

House Bill No. 5625, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8408 (MCL 600.8408), as amended by 1991 PA 192.

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

Reps. Virgil Smith and Lemmons, III introduced

House Bill No. 5626, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 417a (MCL 380.417a), as amended by 2004 PA 303.

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

Reps. Rocca, Jones, Wojno, Bieda, Gaffney and Palmer introduced

House Bill No. 5627, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 111 and 913 (MCL 436.1111 and 436.1913).

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

Reps. Casperson, Emmons, Marleau, Vander Veen and Farhat introduced

House Bill No. 5628, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 50507 (MCL 324.50507), as amended by 2004 PA 124.

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

Announcements by the Clerk

Following is the schedule of the Standing Committee on Tort Reform for the 2005-2006 Legislative Session:

Tuesdays 9:30 a.m. 326 House Office Building

______

Rep. Cushingberry entered the House Chambers.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 4171, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5739 (MCL 600.5739).

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.

Favorable Roll Call

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 5490, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 4703, 4704, 4705, and 4708 (MCL 600.4703, 600.4704, 600.4705, and 600.4708), as added by 1988 PA 104.

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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

Senate Bill No. 128, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 10 (MCL 28.730), as amended by 2004 PA 240.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 3, following line 1, by inserting:

"Enacting section 1. This amendatory act takes effect January 1, 2007.".

The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

Senate Bill No. 561, entitled

A bill to amend 1963 PA 17, entitled "An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health," by amending section 7 (MCL 691.1507), as added by 1987 PA 30.

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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 1, 2006

Present: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith

Absent: Rep. McConico

Excused: Rep. McConico

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 1, 2006

Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Hildenbrand, Pearce, Proos, Robertson, Hopgood, Miller, Angerer, Virgil Smith, Clack, Vagnozzi and Polidori

______

Rep. Acciavatti moved that the House adjourn.

The motion prevailed, the time being 3:25 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, February 2, at 10:30 a.m.

GARY L. RANDALL

Clerk of the House of Representatives