No. 80

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2006

House Chamber, Lansing, Wednesday, September 13, 2006.

12:00 Noon.

The House was called to order by Associate Speaker Pro Tempore Caswell.

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--present Sak--present

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

Anderson--present Farrah--present Lipsey--present Shaffer--present

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

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

Baxter--present Gillard--present McConico--excused 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--present 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--e/d/s Walker--present

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

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

Cushingberry--present Kahn--present Pavlov--present Wenke--present

DeRoche--present Kolb--present Pearce--present Williams--present

Dillon--present Kooiman--present Plakas--present Wojno--present

Donigan--present LaJoy--present Polidori--present Zelenko--present

Drolet--present Law, David--present Proos--present

e/d/s = entered during session

Rep. Shelley Goodman Taub, from the 40th District, offered the following invocation:

"This prayer was done by a 21-year old:

I AM AN AMERICAN

I am an American. I am free

I am an American. I am strong. Like our nation's foundation, built by our

founding fathers over two hundred years ago, I will not buckle. I will not be broken.

I will endure.

I am an American. I have faith. I have looked into the eyes of fear but I am not afraid. I weep because I am human, not because I am weak. My beliefs cannot be

taken from me. I will never give up hope.

I am an American. I have a voice. I speak my feelings freely because I am free

to do so. I will voice my anger because I am angry. I will shout my frustration

because I am confused. I will say my piece. I cannot be silenced.

I am an American. I am proud. The colors red, white and blue flow through my

veins. Like the torch that welcomed my ancestors, my soul radiates freedom and

liberty. The flag is my beacon. Brotherhood and love are what I believe in, truth and

justice are what I stand for.

I am an American. And I am everyone ­ never just one. I am everything. I am

united. I am the businessman on Wall Street, the farmer in Nebraska, the movie star

in Los Angeles. I am the rolling waves of Miami Beach, the blowing wind of

Chicago, the snow-capped mountains of Boulder and the desert sun of Phoenix. I am

not weakened by cowardly acts of malice; I am strengthened. I cannot be divided. I

will not be conquered.

I am an American. I will survive. I will stand up and I will fight and I will

defend. I will not sit back and do nothing when I can do something. I will not back

down. I will overcome. I will prevail.

I am an American. I am free.

God Bless America. Amen."

______

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

The motion prevailed.

The Speaker Pro Tempore assumed the Chair.

Second Reading of Bills

House Bill No. 6004, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 614, 620, 622a, 623a, 1267, and 1274 (MCL 380.614, 380.620, 380.622a, 380.623a, 380.1267, and 380.1274), section 614 as amended by 2004 PA419, section 620 as added by 2004 PA 413, section 622a as added by 2004 PA 412, sections 623a and 1274 as amended by 2004 PA 588, and section 1267 as amended by 2004 PA 232.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5761, entitled

A bill to amend 1895 PA 1, entitled "An act to provide for the incorporation of Masonic Associations; and to impose certain duties upon the department of commerce," (MCL 457.221 to 457.227) by adding section 4a.

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. Meisner moved to amend the bill as follows:

1. Amend page 1, line 3, by striking out "SUBSTANTIALLY".

2. Amend page 1, line 9, by striking out "SUBSTANTIALLY".

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

Rep. Meisner moved to amend the bill as follows:

1. Amend page 1, line 4, by striking out "TAXATION" and inserting "THE COLLECTION OF TAXES".

2. Amend page 1, line 5, after "211.157" by inserting a comma and "EXCEPT TAXES LEVIED FOR SCHOOL OPERATING PURPOSES UNDER SECTION 1211 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1211".

3. Amend page 2, line 1, by striking out "TAXATION" and inserting "THE COLLECTION OF TAXES".

4. Amend page 2, line 2, after "211.157" by inserting a comma and "EXCEPT TAXES LEVIED FOR SCHOOL OPERATING PURPOSES UNDER SECTION 1211 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1211".

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

Rep. Condino moved to amend the bill as follows:

1. Amend page 1, line 2, after "ACT" by inserting "WHOSE MEMBERSHIP POLICIES DO NOT VIOLATE THE ELLIOTT-LARSEN CIVIL RIGHTS ACT, 1976 PA 453, MCL 37.2101 TO 37.2804".

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

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

The motion prevailed.

______

Rep. Pearce moved that Rep. Booher be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

House Bill No. 6288, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 474 (MCL 168.474).

The bill was read a second time.

Rep. Waters moved to amend the bill as follows:

1. Amend page 2, following line 16, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 6192 of the 93rd Legislature is enacted into law.".

The question being on the adoption of the amendment offered by Rep. Waters,

Rep. Waters demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Waters,

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

Roll Call No. 954 Yeas--48

Accavitti Condino Kolb Polidori

Adamini Cushingberry Law, Kathleen Sak

Anderson Dillon Leland Sheltrown

Angerer Donigan Lemmons, III Smith, Alma

Bennett Espinoza Lemmons, Jr. Smith, Virgil

Bieda Farrah Lipsey Spade

Brown Gillard Mayes Tobocman

Byrnes Gleason McDowell Vagnozzi

Byrum Gonzales Meisner Waters

Cheeks Hood Miller Williams

Clack Hopgood Murphy Wojno

Clemente Hunter Plakas Zelenko

Nays--55

Acciavatti Garfield Marleau Rocca

Amos Gosselin Meyer Schuitmaker

Ball Green Moolenaar Shaffer

Baxter Hansen Moore Sheen

Brandenburg Hildenbrand Mortimer Stahl

Casperson Hoogendyk Newell Stakoe

Caswell Huizenga Nitz Stewart

Caul Hummel Nofs Taub

DeRoche Hune Palsrok Van Regenmorter

Drolet Jones Pastor Vander Veen

Elsenheimer Kahn Pavlov Walker

Emmons Kooiman Pearce Ward

Farhat LaJoy Proos Wenke

Gaffney Law, David Robertson

In The Chair: Kooiman

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

The motion prevailed.

______

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 954. Had I been present, I would have voted 'nay'."

House Bill No. 6289, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 32 (MCL 168.32).

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 1267, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 25b (MCL 257.25b), as added by 2000 PA 82.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 1290, entitled

A bill to provide for the certification of driver education providers; to prescribe certain record-keeping and program requirements for driver education providers; to provide for the certification of driver education instructors; to prescribe the powers and duties of certain persons and departments; to prescribe certain fees; to establish a fund in the state treasury; to prescribe remedies, sanctions, and penalties; and to repeal acts, administrative rules, and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Transportation,

The substitute (H-3) 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.

Senate Bill No. 912, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 27a and 53b (MCL 211.27a and 211.53b), section 27a as amended by 2005 PA 23 and section 53b as amended by 2006 PA 13, and by adding section 7jj; and to repeal acts and parts of acts.

The bill was read a second time.

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

The motion prevailed.

Rep. Ward 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. 912, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 27a and 53b (MCL 211.27a and 211.53b), section 27a as amended by 2005 PA 23 and section 53b as amended by 2006 PA 13, and by adding section 7jj; 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. 955 Yeas--104

Accavitti Drolet LaJoy Proos

Acciavatti Elsenheimer Law, David Robertson

Adamini Emmons Law, Kathleen Rocca

Amos Espinoza Leland Sak

Anderson Farhat Lemmons, III Schuitmaker

Angerer Farrah Lemmons, Jr. Shaffer

Ball Gaffney Lipsey Sheen

Baxter Garfield Marleau Sheltrown

Bennett Gillard Mayes Smith, Alma

Bieda Gleason McDowell Smith, Virgil

Booher Gonzales Meisner Spade

Brandenburg Gosselin Meyer Stahl

Brown Green Miller Stakoe

Byrnes Hansen Moolenaar Stewart

Byrum Hildenbrand Moore Taub

Casperson Hood Mortimer Tobocman

Caswell Hoogendyk Murphy Vagnozzi

Caul Hopgood Newell Van Regenmorter

Cheeks Huizenga Nitz Vander Veen

Clack Hummel Nofs Walker

Clemente Hune Palsrok Ward

Condino Hunter Pastor Waters

Cushingberry Jones Pavlov Wenke

DeRoche Kahn Pearce Williams

Dillon Kolb Plakas Wojno

Donigan Kooiman Polidori Zelenko

Nays--0

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 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. Ward 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. 913, entitled

A bill to impose a state recapture tax on the change in use of certain qualified forest property; to provide for the administration of the recapture tax; to prescribe the powers and duties of certain state and local officers; to provide for the collection and distribution of the recapture tax; and to prescribe penalties and provide remedies.

The bill was read a second time.

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

The motion prevailed.

Rep. Ward 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. 913, entitled

A bill to impose a state recapture tax on the change in use of certain qualified forest property; to provide for the administration of the recapture tax; to prescribe the powers and duties of certain state and local officers; to provide for the collection and distribution of the recapture tax; and to prescribe penalties and provide remedies.

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

Roll Call No. 956 Yeas--104

Accavitti Drolet LaJoy Proos

Acciavatti Elsenheimer Law, David Robertson

Adamini Emmons Law, Kathleen Rocca

Amos Espinoza Leland Sak

Anderson Farhat Lemmons, III Schuitmaker

Angerer Farrah Lemmons, Jr. Shaffer

Ball Gaffney Lipsey Sheen

Baxter Garfield Marleau Sheltrown

Bennett Gillard Mayes Smith, Alma

Bieda Gleason McDowell Smith, Virgil

Booher Gonzales Meisner Spade

Brandenburg Gosselin Meyer Stahl

Brown Green Miller Stakoe

Byrnes Hansen Moolenaar Stewart

Byrum Hildenbrand Moore Taub

Casperson Hood Mortimer Tobocman

Caswell Hoogendyk Murphy Vagnozzi

Caul Hopgood Newell Van Regenmorter

Cheeks Huizenga Nitz Vander Veen

Clack Hummel Nofs Walker

Clemente Hune Palsrok Ward

Condino Hunter Pastor Waters

Cushingberry Jones Pavlov Wenke

DeRoche Kahn Pearce Williams

Dillon Kolb Plakas Wojno

Donigan Kooiman Polidori Zelenko

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.

______

Rep. Steil, 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. 954-956. Had I been present, I would have voted 'yea'."

Second Reading of Bills

Senate Bill No. 914, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1211 (MCL 380.1211), as amended by 2003 PA 126.

The bill was read a second time.

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

The motion prevailed.

Rep. Ward 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. 914, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1211 (MCL 380.1211), as amended by 2003 PA 126.

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

Roll Call No. 957 Yeas--105

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Law, Kathleen Rocca

Adamini Espinoza Leland Sak

Amos Farhat Lemmons, III Schuitmaker

Anderson Farrah Lemmons, Jr. Shaffer

Angerer Gaffney Lipsey Sheen

Ball Garfield Marleau Sheltrown

Baxter Gillard Mayes Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet

Nays--0

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 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. Ward 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. 917, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 512.

The bill was read a second time.

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

The motion prevailed.

Rep. Ward 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. 917, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 512.

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

Roll Call No. 958 Yeas--105

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Law, Kathleen Rocca

Adamini Espinoza Leland Sak

Amos Farhat Lemmons, III Schuitmaker

Anderson Farrah Lemmons, Jr. Shaffer

Angerer Gaffney Lipsey Sheen

Ball Garfield Marleau Sheltrown

Baxter Gillard Mayes Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet

Nays--0

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 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, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal 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.

By unanimous consent the House returned to the order of

Reports of Select Committees

First Conference Report

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

House Bill No. 5454, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections51105, 51106, 51108, 51113, and 51116 (MCL 324.51105, 324.51106, 324.51108, 324.51113, and 324.51116), section 51105 as amended by 1996 PA 451 and sections 51106, 51108, 51113, and 51116 as added by 1995 PA 57.

Recommends:

First: That the House and Senate agree to the substitute of the Senate as passed by the Senate and to the following amendment:

1. Amend page 6, line 7, after "ACQUIRED" by striking out "AFTER DECEMBER 31, 2004" and inserting "WITHIN THE LAST 10 YEARS".

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

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, assessments, and donations; to provide certain appropriations; to prescribe penalties and provideremedies; and to repeal acts and parts of acts," by amending sections 51105, 51106, 51108, and 51116 (MCL324.51105, 324.51106, 324.51108, and 324.51116), section 51105 as amended by 1996 PA 451 and sections51106, 51108, and 51116 as added by 1995 PA 57.

Kevin Elsenheimer

Tom Casperson

Joel Sheltrown

Conferees for the House

Gerald Van Woerkom

Ron Jelinek

Liz Brater

Conferees for the Senate

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

Rep. Ward moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report 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. 959 Yeas--105

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Law, Kathleen Rocca

Adamini Espinoza Leland Sak

Amos Farhat Lemmons, III Schuitmaker

Anderson Farrah Lemmons, Jr. Shaffer

Angerer Gaffney Lipsey Sheen

Ball Garfield Marleau Sheltrown

Baxter Gillard Mayes Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet

Nays--0

In The Chair: Kooiman

First Conference Report

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

House Bill No. 5455, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections51101, 51103, and 51104 (MCL 324.51101, 324.51103, and 324.51104), as added by 1995 PA 57; and to repeal acts and parts of acts.

Recommends:

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

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

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, assessments, and donations; to provide certain appropriations; to prescribe penalties and provideremedies; and to repeal acts and parts of acts," by amending sections 51101, 51103, 51112, and 51113 (MCL324.51101, 324.51103, 324.51112, and 324.51113), as added by 1995 PA 57; and to repeal acts and parts of acts.

Bill Huizenga

Tom Casperson

Joel Sheltrown

Conferees for the House

Gerald Van Woerkom

Ron Jelinek

Liz Brater

Conferees for the Senate

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

Rep. Ward moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report 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. 960 Yeas--105

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Law, Kathleen Rocca

Adamini Espinoza Leland Sak

Amos Farhat Lemmons, III Schuitmaker

Anderson Farrah Lemmons, Jr. Shaffer

Angerer Gaffney Lipsey Sheen

Ball Garfield Marleau Sheltrown

Baxter Gillard Mayes Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet

Nays--0

In The Chair: Kooiman

Third Reading of Bills

Rep. Ward moved that House Bill No. 5761 be placed on its immediate passage.

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

House Bill No. 5761, entitled

A bill to amend 1895 PA 1, entitled "An act to provide for the incorporation of Masonic Associations; and to impose certain duties upon the department of commerce," (MCL 457.221 to 457.227) 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. 961 Yeas--104

Accavitti Drolet LaJoy Proos

Acciavatti Elsenheimer Law, David Robertson

Adamini Emmons Law, Kathleen Rocca

Amos Espinoza Leland Sak

Anderson Farhat Lemmons, III Schuitmaker

Angerer Farrah Lemmons, Jr. Shaffer

Ball Gaffney Lipsey Sheen

Baxter Garfield Marleau Sheltrown

Bennett Gillard Mayes Smith, Alma

Bieda Gleason McDowell Smith, Virgil

Booher Gonzales Meisner Spade

Brandenburg Gosselin Meyer Stahl

Brown Green Miller Stakoe

Byrnes Hansen Moolenaar Steil

Byrum Hildenbrand Moore Stewart

Casperson Hood Mortimer Taub

Caswell Hoogendyk Murphy Tobocman

Caul Hopgood Newell Vagnozzi

Cheeks Huizenga Nitz Van Regenmorter

Clack Hummel Nofs Walker

Clemente Hune Palsrok Ward

Condino Hunter Pastor Waters

Cushingberry Jones Pavlov Wenke

DeRoche Kahn Pearce Williams

Dillon Kolb Plakas Wojno

Donigan Kooiman Polidori Zelenko

Nays--1

Vander Veen

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.

______

Rep. Sak moved that Rep. Byrum 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 Speaker laid before the House

House Bill No. 4108, entitled

A bill to establish safety and security practices for certain persons involved in the retail or wholesale sale or use of certain fertilizers; to provide certain powers and duties for certain state agencies; and to provide for immunity from liability under certain circumstances.

(The bill was received from the Senate on May 10, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 11, see House Journal No. 45, p. 1089.)

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. 962 Yeas--104

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Law, Kathleen Rocca

Adamini Espinoza Leland Sak

Amos Farhat Lemmons, III Schuitmaker

Anderson Farrah Lemmons, Jr. Shaffer

Angerer Gaffney Lipsey Sheen

Ball Garfield Marleau Sheltrown

Baxter Gillard Mayes Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Casperson Hood Mortimer Taub

Caswell Hoogendyk Murphy Tobocman

Caul Hopgood Newell Vagnozzi

Cheeks Huizenga Nitz Van Regenmorter

Clack Hummel Nofs Vander Veen

Clemente Hune Palsrok Walker

Condino Hunter Pastor Ward

Cushingberry Jones Pavlov Waters

DeRoche Kahn Pearce Wenke

Dillon Kolb Plakas Williams

Donigan Kooiman Polidori Wojno

Drolet LaJoy Proos Zelenko

Nays--0

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. Byrum, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 962. Had I been present, I would have voted 'yea'."

The Speaker laid before the House

House Bill No. 4861, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 224, 224d, and 231 (MCL 750.224, 750.224d, and 750.231), section 224 as amended by 1991 PA 33, section 224d as amended by 1992 PA 4, and section 231 as amended by 2002 PA 536.

(The bill was received from the Senate on September 12, 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. 79, p. 2439.)

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. 963 Yeas--105

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Law, Kathleen Rocca

Adamini Espinoza Leland Sak

Amos Farhat Lemmons, III Schuitmaker

Anderson Farrah Lemmons, Jr. Shaffer

Angerer Gaffney Lipsey Sheen

Ball Garfield Marleau Sheltrown

Baxter Gillard Mayes Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet

Nays--0

In The Chair: Kooiman

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

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

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

The motion prevailed.

The Speaker laid before the House

House Bill No. 5193, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 5 (MCL 28.725), as amended by 2005 PA 132.

(The bill was received from the Senate on September 12, 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. 79, p. 2440.)

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. 964 Yeas--104

Accavitti Drolet LaJoy Robertson

Acciavatti Elsenheimer Law, David Rocca

Adamini Emmons Law, Kathleen Sak

Amos Espinoza Leland Schuitmaker

Anderson Farhat Lemmons, III Shaffer

Angerer Farrah Lemmons, Jr. Sheen

Ball Gaffney Lipsey Sheltrown

Baxter Garfield Marleau Smith, Alma

Bennett Gillard Mayes Smith, Virgil

Bieda Gleason McDowell Spade

Booher Gonzales Meisner Stahl

Brandenburg Gosselin Meyer Stakoe

Brown Green Miller Steil

Byrnes Hansen Moolenaar Stewart

Byrum Hildenbrand Moore Taub

Casperson Hood Mortimer Tobocman

Caswell Hoogendyk Murphy Vagnozzi

Caul Hopgood Newell Van Regenmorter

Cheeks Huizenga Nitz Vander Veen

Clack Hummel Nofs Walker

Clemente Hune Palsrok Ward

Condino Hunter Pastor Waters

Cushingberry Jones Pavlov Wenke

DeRoche Kahn Pearce Williams

Dillon Kolb Polidori Wojno

Donigan Kooiman Proos Zelenko

Nays--0

In The Chair: Kooiman

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

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

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. 5194, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 36 (MCL 791.236), as amended by 2006 PA 168.

(The bill was received from the Senate on September 12, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 79, p. 2440.)

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. 965 Yeas--104

Accavitti Drolet LaJoy Robertson

Acciavatti Elsenheimer Law, David Rocca

Adamini Emmons Law, Kathleen Sak

Amos Espinoza Leland Schuitmaker

Anderson Farhat Lemmons, III Shaffer

Angerer Farrah Lemmons, Jr. Sheen

Ball Gaffney Lipsey Sheltrown

Baxter Garfield Marleau Smith, Alma

Bennett Gillard Mayes Smith, Virgil

Bieda Gleason McDowell Spade

Booher Gonzales Meisner Stahl

Brandenburg Gosselin Meyer Stakoe

Brown Green Miller Steil

Byrnes Hansen Moolenaar Stewart

Byrum Hildenbrand Moore Taub

Casperson Hood Mortimer Tobocman

Caswell Hoogendyk Murphy Vagnozzi

Caul Hopgood Newell Van Regenmorter

Cheeks Huizenga Nitz Vander Veen

Clack Hummel Nofs Walker

Clemente Hune Palsrok Ward

Condino Hunter Pastor Waters

Cushingberry Jones Pavlov Wenke

DeRoche Kahn Pearce Williams

Dillon Kolb Polidori Wojno

Donigan Kooiman Proos Zelenko

Nays--0

In The Chair: Kooiman

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

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

The House agreed to the title as amended.

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

______

Rep. Plakas, 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. 964-965. Had I been present, I would have voted 'yea'."

The Speaker laid before the House

House Bill No. 5719, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding sections 217g and 217h.

(The bill was received from the Senate on September 12, with substitute (S-1), full title inserted and immediate effectgiven by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 79, p. 2440.)

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. 966 Yeas--104

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Law, Kathleen Rocca

Adamini Espinoza Leland Sak

Amos Farhat Lemmons, III Schuitmaker

Anderson Farrah Lemmons, Jr. Shaffer

Angerer Gaffney Lipsey Sheen

Ball Garfield Marleau Sheltrown

Baxter Gillard Mayes Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Nays--1

Drolet

In The Chair: Kooiman

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

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

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. 6135, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17f of chapter XVII (MCL 777.17f), as added by 2002 PA 28.

(The bill was received from the Senate on September 12, 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. 79, p. 2440.)

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. 967 Yeas--105

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Law, Kathleen Rocca

Adamini Espinoza Leland Sak

Amos Farhat Lemmons, III Schuitmaker

Anderson Farrah Lemmons, Jr. Shaffer

Angerer Gaffney Lipsey Sheen

Ball Garfield Marleau Sheltrown

Baxter Gillard Mayes Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet

Nays--0

In The Chair: Kooiman

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

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

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. 6062, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16511 and 16521 (MCL 333.16511 and 333.16521), as added by 2006 PA 30.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted 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 agreed to the full title.

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

House Bill No. 6063, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 18811 and 18821 (MCL 333.18811 and 333.18821), section 18811 as amended by 1982 PA 353 and section 18821 as amended by 1993 PA 79.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted 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 agreed to the full title.

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

House Bill No. 6064, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 18705 (MCL 333.18705), as added by 2004 PA 3.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted 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 agreed to the full title.

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

House Bill No. 6086, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 18411 (MCL 333.18411).

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted 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 agreed to the full title.

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

House Bill No. 6139, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17411 and 17421 (MCL 333.17411 and 333.17421), section 17421 as amended by 1993 PA 79.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted 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 agreed to the full title.

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

House Bill No. 6140, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16803 and 16805 (MCL 333.16803 and 333.16805), as added by 2004 PA 97.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted 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 agreed to the full title.

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

______

Rep. Palmer entered the House Chambers.

House Bill No. 6145, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 18305 (MCL 333.18305), as amended by 1993 PA 79.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted 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 agreed to the full title.

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

House Bill No. 6146, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 18505 (MCL 333.18505), as amended by 2004 PA 61.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted 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 agreed to the full title.

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

House Bill No. 6147, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7301a, 16111, 16122, 16139, and 16264 (MCL 333.7301a, 333.16111, 333.16122, 333.16139, and 333.16264), section 7301a as added and section 16111 as amended by 1988 PA 462 and sections 16122 and 16139 as amended by 1993 PA 80; and to repeal acts and parts of acts.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted 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 agreed to the full title.

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

Third Reading of Bills

Senate Bill No. 848, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3426.

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

Roll Call No. 968 Yeas--74

Accavitti Espinoza Marleau Robertson

Acciavatti Farhat Mayes Rocca

Amos Gaffney McDowell Sak

Angerer Garfield Meisner Schuitmaker

Ball Gosselin Meyer Shaffer

Baxter Green Moolenaar Sheen

Booher Hansen Moore Sheltrown

Brandenburg Hildenbrand Mortimer Spade

Byrnes Hoogendyk Murphy Stahl

Casperson Huizenga Newell Stakoe

Caswell Hummel Nitz Steil

Caul Hune Nofs Stewart

Clemente Jones Palmer Taub

DeRoche Kahn Palsrok Van Regenmorter

Dillon Kolb Pastor Vander Veen

Donigan Kooiman Pavlov Walker

Drolet LaJoy Pearce Ward

Elsenheimer Law, David Proos Wenke

Emmons Lipsey

Nays--32

Adamini Condino Hunter Smith, Alma

Anderson Cushingberry Law, Kathleen Smith, Virgil

Bennett Farrah Leland Tobocman

Bieda Gillard Lemmons, III Vagnozzi

Brown Gleason Lemmons, Jr. Waters

Byrum Gonzales Miller Williams

Cheeks Hood Plakas Wojno

Clack Hopgood Polidori Zelenko

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 revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,"

The House agreed to the full title.

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

The question being on the motion made by Rep. Ward,

Rep. Waters demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Ward,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 969 Yeas--70

Accavitti Farhat Marleau Rocca

Acciavatti Gaffney McDowell Sak

Amos Garfield Meyer Schuitmaker

Angerer Gosselin Moolenaar Shaffer

Ball Green Moore Sheen

Baxter Hansen Mortimer Sheltrown

Booher Hildenbrand Murphy Spade

Brandenburg Hoogendyk Newell Stahl

Byrnes Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caswell Hune Palmer Stewart

Caul Jones Palsrok Taub

DeRoche Kahn Pastor Van Regenmorter

Donigan Kolb Pavlov Vander Veen

Drolet Kooiman Pearce Walker

Elsenheimer LaJoy Proos Ward

Emmons Law, David Robertson Wenke

Espinoza Lipsey

Nays--36

Adamini Condino Hunter Polidori

Anderson Cushingberry Law, Kathleen Smith, Alma

Bennett Dillon Leland Smith, Virgil

Bieda Farrah Lemmons, III Tobocman

Brown Gillard Lemmons, Jr. Vagnozzi

Byrum Gleason Mayes Waters

Cheeks Gonzales Meisner Williams

Clack Hood Miller Wojno

Clemente Hopgood Plakas Zelenko

In The Chair: Kooiman

House Bill No. 5435, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 224a (MCL 750.224a), as amended by 2004 PA 338.

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

Roll Call No. 970 Yeas--106

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Cheeks Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet Law, David

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. 849, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 414b.

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

Roll Call No. 971 Yeas--73

Accavitti Espinoza Lipsey Rocca

Acciavatti Farhat Marleau Sak

Amos Gaffney Mayes Schuitmaker

Angerer Garfield McDowell Shaffer

Ball Gosselin Meyer Sheen

Baxter Green Moolenaar Sheltrown

Booher Hansen Moore Spade

Brandenburg Hildenbrand Mortimer Stahl

Byrnes Hoogendyk Newell Stakoe

Casperson Huizenga Nitz Steil

Caswell Hummel Nofs Stewart

Caul Hune Palmer Taub

Clemente Jones Palsrok Tobocman

DeRoche Kahn Pastor Van Regenmorter

Dillon Kolb Pavlov Vander Veen

Donigan Kooiman Pearce Walker

Drolet LaJoy Proos Ward

Elsenheimer Law, David Robertson Wenke

Emmons

Nays--33

Adamini Cushingberry Law, Kathleen Polidori

Anderson Farrah Leland Smith, Alma

Bennett Gillard Lemmons, III Smith, Virgil

Bieda Gleason Lemmons, Jr. Vagnozzi

Brown Gonzales Meisner Waters

Byrum Hood Miller Williams

Cheeks Hopgood Murphy Wojno

Clack Hunter Plakas Zelenko

Condino

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 incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; 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 question being on the motion made by Rep. Ward,

Rep. Sak demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Ward,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 972 Yeas--71

Accavitti Farhat Lipsey Sak

Acciavatti Gaffney Marleau Schuitmaker

Amos Garfield McDowell Shaffer

Angerer Gosselin Meyer Sheen

Ball Green Moolenaar Sheltrown

Baxter Hansen Moore Spade

Booher Hildenbrand Mortimer Stahl

Brandenburg Hoogendyk Newell Stakoe

Byrnes Huizenga Nitz Steil

Casperson Hummel Nofs Stewart

Caswell Hune Palmer Taub

Caul Hunter Palsrok Tobocman

DeRoche Jones Pastor Van Regenmorter

Donigan Kahn Pavlov Vander Veen

Drolet Kolb Pearce Walker

Elsenheimer Kooiman Proos Ward

Emmons LaJoy Robertson Wenke

Espinoza Law, David Rocca

Nays--35

Adamini Condino Law, Kathleen Polidori

Anderson Cushingberry Leland Smith, Alma

Bennett Dillon Lemmons, III Smith, Virgil

Bieda Farrah Lemmons, Jr. Vagnozzi

Brown Gillard Mayes Waters

Byrum Gleason Meisner Williams

Cheeks Gonzales Miller Wojno

Clack Hood Murphy Zelenko

Clemente Hopgood Plakas

In The Chair: Kooiman

Senate Bill No. 877, entitled

A bill to establish safety and security practices for certain persons involved in the retail or wholesale sale or use of certain fertilizers; to provide certain powers and duties for certain state agencies; and to provide for immunity from liability under certain circumstances.

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

Roll Call No. 973 Yeas--106

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Cheeks Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet Law, David

Nays--0

In The Chair: Kooiman

The question being on agreeing to the title of the bill,

Rep. Ward moved to amend the title to read as follows:

A bill to establish safety and security practices for certain persons involved in the retail or wholesale sale or use of certain fertilizers; and to provide certain powers and duties for certain state agencies.

The motion prevailed.

The House agreed to the title as amended.

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

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

Senate Bill No. 1016, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2601, 2605, 2607, 2617, 2619, 2627, 2633, 2635, and 2637 (MCL 339.2601, 339.2605, 339.2607, 339.2617, 339.2619, 339.2627, 339.2633, 339.2635, and 339.2637), as amended by 1999 PA 170, and by adding section 2610; 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. 974 Yeas--101

Accavitti Elsenheimer Leland Rocca

Acciavatti Emmons Lemmons, III Sak

Adamini Espinoza Lemmons, Jr. Schuitmaker

Amos Farhat Lipsey Shaffer

Anderson Farrah Marleau Sheen

Angerer Gaffney Mayes Sheltrown

Ball Gillard McDowell Smith, Alma

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hopgood Murphy Taub

Byrum Huizenga Newell Tobocman

Casperson Hummel Nitz Vagnozzi

Caswell Hune Nofs Van Regenmorter

Caul Hunter Palsrok Vander Veen

Cheeks Jones Pastor Walker

Clack Kahn Pavlov Ward

Clemente Kolb Pearce Waters

Condino Kooiman Plakas Wenke

Cushingberry LaJoy Polidori Williams

DeRoche Law, David Proos Wojno

Dillon Law, Kathleen Robertson Zelenko

Donigan

Nays--5

Drolet Gosselin Hoogendyk Palmer

Garfield

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 revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; 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.

House Bill No. 6310, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 1074.

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

Roll Call No. 975 Yeas--106

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Cheeks Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet Law, David

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.

House Bill No. 6239, entitled

A bill to amend 1943 PA 174, entitled "An act to establish a fiscal year for and the time of filing annual reports based thereon of counties, county road commissions and other county agencies; and to declare the effect of this act," by amending section 1 (MCL 45.201), as amended by 1994 PA 347.

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

Roll Call No. 976 Yeas--106

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Cheeks Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet Law, David

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.

______

Rep. Pastor moved that Rep. Shaffer be excused temporarily from today's session.

The motion prevailed.

House Bill No. 6322, entitled

A bill to amend 1979 PA 214, entitled "An act to provide for the disposition and sale of certain stolen or abandoned property recovered or discovered within a village or township; and to provide for the disposition of the proceeds of sale and certain other property," by amending the title and section 1 (MCL 434.181), the title as amended by 1984 PA 258.

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

Roll Call No. 977 Yeas--105

Accavitti Elsenheimer Law, David Proos

Acciavatti Emmons Law, Kathleen Robertson

Adamini Espinoza Leland Rocca

Amos Farhat Lemmons, III Sak

Anderson Farrah Lemmons, Jr. Schuitmaker

Angerer Gaffney Lipsey Sheen

Ball Garfield Marleau Sheltrown

Baxter Gillard Mayes Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet

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.

______

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 977. Had I been present, I would have voted 'yea'."

House Bill No. 6325, entitled

A bill to amend 1965 PA 261, entitled "An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of commissioners with respect to county and regional parks and recreation commissions," by amending section 1 (MCL 46.351), as amended by 2003 PA 187.

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

Roll Call No. 978 Yeas--106

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Cheeks Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet Law, David

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.

House Bill No. 6291, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2682.

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

Roll Call No. 979 Yeas--106

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Cheeks Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet Law, David

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.

Reps. Anderson, Stewart, Zelenko, Kolb, Lipsey, Hummel, Vander Veen, Williams, Gaffney, Tobocman, Farrah, Pastor, LaJoy, Hopgood, Bieda, Meisner, Acciavatti, Clack, Condino, Vagnozzi, DeRoche, Accavitti, Stakoe, Garfield, Gleason, Ward, Sak, Nitz, Stahl, Sheen, Farhat, Palsrok, Gillard, Angerer, Baxter, Cheeks, Clemente, Elsenheimer, Espinoza, Gonzales, Gosselin, David Law, Lemmons, III, Lemmons, Jr., Marleau, Mayes, McDowell, Polidori, Proos, Schuitmaker, Spade and Murphy were named co-sponsors of the bill.

House Bill No. 6292, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 272.

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

Roll Call No. 980 Yeas--106

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Cheeks Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet Law, David

Nays--0

In The Chair: Kooiman

The question being on agreeing to the title of the bill,

Rep. Ward moved to amend the title to read as follows:

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 276.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Anderson, Stewart, Zelenko, Kolb, Lipsey, Kooiman, Hummel, Vander Veen, Williams, Brown, Gaffney, Hunter, Tobocman, Farrah, Pastor, LaJoy, Hopgood, Brandenburg, Bieda, Meisner, Acciavatti, Clack, Condino, Vagnozzi, Taub, Accavitti, Amos, Stakoe, Garfield, Hune, Gleason, Ward, Sak, Nitz, Stahl, Gillard, Casperson, Dillon, Angerer, Baxter, Booher, Clemente, Cushingberry, Elsenheimer, Espinoza, Gonzales, Hansen, Kahn, David Law, Lemmons, III, Mayes, McDowell, Moore, Mortimer, Polidori, Proos, Rocca, Sheltrown, Alma Smith, Spade and Murphy were named co-sponsors of the bill.

______

Rep. Sak moved that Rep. Lemmons, III be excused temporarily from today's session.

The motion prevailed.

House Bill No. 6293, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2683.

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

Roll Call No. 981 Yeas--105

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Law, Kathleen Rocca

Adamini Espinoza Leland Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Cheeks Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet

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.

House Bill No. 6295, entitled

A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," by amending section 88a (MCL 125.2088a), as added by 2005 PA 225.

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

Roll Call No. 982 Yeas--106

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Cheeks Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet Law, David

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.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 6294, entitled

A bill to make, supplement, and adjust appropriations for the department of community health for the fiscal year ending September 30, 2006; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

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. Hummel, Pastor, Acciavatti, Kooiman, Stewart, Amos, Brandenburg, Caswell, Farhat, Moolenaar, Shaffer, Steil, Taub, Walker, Booher, Caul, Hansen and Kahn

Nays: Reps. Cushingberry and Alma Smith

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 13, 2006

Present: Reps. Hummel, Pastor, Acciavatti, Kooiman, Stewart, Amos, Brandenburg, Caswell, Farhat, Moolenaar, Shaffer, Steil, Taub, Walker, Booher, Caul, Hansen, Kahn, Brown, Kolb, Sak, Cushingberry, Cheeks, Williams, Plakas, Alma Smith, Gonzales, Hood and Murphy

Second Reading of Bills

House Bill No. 6294, entitled

A bill to make, supplement, and adjust appropriations for the department of community health for the fiscal year ending September 30, 2006; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Appropriations,

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

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

The motion prevailed.

Rep. Ward 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. 6294, entitled

A bill to make, supplement, and adjust appropriations for the department of community health for the fiscal year ending September 30, 2006; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

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

Roll Call No. 983 Yeas--74

Acciavatti Gaffney Mayes Rocca

Amos Garfield McDowell Sak

Angerer Gleason Meyer Schuitmaker

Ball Gosselin Moolenaar Shaffer

Baxter Green Moore Sheen

Booher Hansen Mortimer Sheltrown

Brandenburg Hildenbrand Murphy Spade

Byrnes Hoogendyk Newell Stahl

Casperson Huizenga Nitz Stakoe

Caswell Hummel Nofs Steil

Caul Hune Palmer Stewart

Clemente Jones Palsrok Taub

DeRoche Kahn Pastor Van Regenmorter

Donigan Kolb Pavlov Vander Veen

Drolet Kooiman Pearce Walker

Elsenheimer LaJoy Polidori Ward

Emmons Law, David Proos Wenke

Espinoza Lemmons, III Robertson Wojno

Farhat Marleau

Nays--32

Accavitti Clack Hopgood Plakas

Adamini Condino Hunter Smith, Alma

Anderson Cushingberry Law, Kathleen Smith, Virgil

Bennett Dillon Leland Tobocman

Bieda Farrah Lemmons, Jr. Vagnozzi

Brown Gillard Lipsey Waters

Byrum Gonzales Meisner Williams

Cheeks Hood Miller Zelenko

In The Chair: Kooiman

The question being on agreeing to the title of the bill,

Rep. Ward moved to amend the title to read as follows:

A bill to make, supplement, and adjust appropriations for the departments of community health and treasury for the fiscal year ending September 30, 2006; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

The motion prevailed.

The House agreed to the title as amended.

Rep. Bieda, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I have no opposition with the policy this appropriation would support, but I object in the manner in which funding is being appropriated. This is a restricted fund which is being used for general fund purpose. Because of this concern, I voted 'no' on HB 6294."

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

The question being on the motion made by Rep. Ward,

Rep. Sak demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Ward,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 984 Yeas--71

Acciavatti Farhat Marleau Sak

Amos Gaffney McDowell Schuitmaker

Angerer Garfield Meyer Shaffer

Ball Gleason Moolenaar Sheen

Baxter Gosselin Moore Sheltrown

Booher Green Mortimer Spade

Brandenburg Hansen Murphy Stahl

Byrnes Hildenbrand Newell Stakoe

Casperson Hoogendyk Nitz Steil

Caswell Huizenga Nofs Stewart

Caul Hummel Palmer Taub

Clemente Hune Palsrok Van Regenmorter

DeRoche Jones Pastor Vander Veen

Donigan Kahn Pavlov Walker

Drolet Kooiman Pearce Ward

Elsenheimer LaJoy Proos Wenke

Emmons Law, David Robertson Wojno

Espinoza Lemmons, III Rocca

Nays--34

Accavitti Condino Law, Kathleen Polidori

Adamini Cushingberry Leland Smith, Alma

Anderson Dillon Lemmons, Jr. Smith, Virgil

Bennett Farrah Lipsey Tobocman

Bieda Gillard Mayes Vagnozzi

Brown Gonzales Meisner Waters

Byrum Hood Miller Williams

Cheeks Hopgood Plakas Zelenko

Clack Hunter

In The Chair: Kooiman

House Bill No. 6011, entitled

A bill to amend 1978 PA 472, entitled "An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts," by amending section 8 (MCL 4.418), as amended by 1994 PA 412.

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

Roll Call No. 985 Yeas--106

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Cheeks Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet Law, David

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

House Bill No. 5172, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 6 (MCL 169.206), as amended by 2003 PA 69, and by adding section 48.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Ward moved to amend the bill as follows:

1. Amend page 4, line 2, after "SEC." by striking out "48" and inserting "48A".

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

The question being on the passage of the bill,

Rep. Ward moved to amend the bill as follows:

1. Amend page 4, following line 12, by inserting:

"(D) THE AMOUNT THE PERSON MAKING THE COMMUNICATION WAS OR IS TO BE PAID FOR MAKING THE COMMUNICATION.".

The motion was seconded and the amendment 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. 986 Yeas--106

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Cheeks Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet Law, David

Nays--0

In The Chair: Kooiman

The question being on agreeing to the title of the bill,

Rep. Ward moved to amend the title to read as follows:

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 6 (MCL 169.206), as amended by 2003 PA 69, and by adding section 48a.

The motion prevailed.

The House agreed to the title as amended.

Reps. Anderson, Stewart, Kolb, Lipsey, Kooiman, Meyer, Hummel, Vander Veen, Williams, Farrah, Hopgood, Kathleen Law, Wojno, Acciavatti, Clack, Condino, Vagnozzi, Taub, Accavitti, Amos, Gleason, Byrum, Steil, Sak, Stahl, Sheen, Farhat, Palsrok, Dillon, Ball, Byrnes, Cheeks, Clemente, Donigan, Elsenheimer, Espinoza, Gonzales, Hansen, Leland, Mayes, McDowell, Mortimer, Pavlov, Pearce, Polidori, Proos, Rocca, Schuitmaker, Sheltrown, Alma Smith and Spade were named co-sponsors of the bill.

House Bill No. 6129, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 15, 17, 24, 32, 33, 34, and 35 (MCL 169.215, 169.217, 169.224, 169.232, 169.233, 169.234, and 169.235), section 15 as amended by 2001 PA 250, section 17 as amended by 1989 PA 95, section 24 as amended by 1999 PA 237, section 32 as amended by 1999 PA 236, sections 33 and 34 as amended by 1999 PA 238, and section 35 as amended by 2000 PA 75.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Ward moved to amend the bill as follows:

1. Amend page 22, line 14, after "(1)" by striking out "A" and inserting "IN THE YEAR THAT A BALLOT QUESTION SUPPORTED OR OPPOSED BY A BALLOT QUESTION COMMITTEE APPEARS ON THE BALLOT, THE".

2. Amend page 22, following line 26, by inserting:

"(C) A CAMPAIGN STATEMENT, NOT LATER THAN APRIL 15 WITH A CLOSING DATE OF MARCH 31.

(D) A CAMPAIGN STATEMENT, NOT LATER THAN JULY 15 WITH A CLOSING DATE OF JUNE 30.".

3. Amend page 22, line 27, after "(2)" by striking out the balance of the subsection and inserting "IN EACH YEAR OTHER THAN THE YEAR THAT A BALLOT QUESTION SUPPORTED OR OPPOSED BY A BALLOT QUESTION COMMITTEE APPEARS ON THE BALLOT, THE BALLOT QUESTION COMMITTEE SHALL FILE A CAMPAIGN FINANCE STATEMENT AS REQUIRED BY THIS ACT ACCORDING TO THE FOLLOWING SCHEDULE:

(A) NOT LATER THAN APRIL 15 WITH A CLOSING DATE OF MARCH 31.

(B) NOT LATER THAN JULY 15 WITH A CLOSING DATE OF JUNE 30.

(C) NOT LATER THAN OCTOBER 15 WITH A CLOSING DATE OF SEPTEMBER 30.".

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

The question being on the passage of the bill,

Rep. Kooiman moved to amend the bill as follows:

1. Amend page 8, line 14, after "COMMITTEES" by inserting "SELECTED AS PROVIDED IN SECTION 15A".

2. Amend page 8, line 23, after "SUBSECTION." by striking out the balance of the subsection.

3. Amend page 10, following line 13, by inserting:

"SEC. 15A. (1) FOR EACH GENERAL ELECTION CYCLE, THE BUREAU OF ELECTIONS SHALL RANDOMLY SELECT 9 COMMITTEES TO BE AUDITED BY THE SECRETARY OF STATE UNDER SECTION 15(14). THE COMMITTEES SELECTED SHALL BE COMPOSED OF ALL OF THE FOLLOWING:

(A) THREE CANDIDATE COMMITTEES.

(B) THREE BALLOT QUESTION COMMITTEES.

(C) THREE INDEPENDENT OR POLITICAL COMMITTEES.

(2) THE BUREAU OF ELECTIONS SHALL SUBMIT THE NAMES OF THE COMMITTEES SELECTED UNDER SUBSECTION (1) TO THE BOARD OF STATE CANVASSERS. THE BOARD OF STATE CANVASSERSSHALL REVIEW THE NAMES SUBMITTED AND, BY MAJORITY VOTE OF THE MEMBERS APPOINTED AND SERVING, APPROVE OR DENY EACH COMMITTEE.

(3) THE BUREAU OF ELECTIONS SHALL RANDOMLY SELECT A COMMITTEE TO REPLACE EACH COMMITTEE REJECTED BY THE BOARD OF STATE CANVASSERS UNDER SUBSECTION (2) AND SUBMIT THE NAME OF THE NEW COMMITTEE TO THE BOARD OF STATE CANVASSERS FOR APPROVAL OR DENIAL AS PROVIDED IN SUBSECTION (2).".

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

The question being on the passage of the bill,

Rep. Kooiman moved to amend the bill as follows:

1. Amend page 3, line 4, after "WITHIN" by striking out "30" and inserting "60".

The motion was seconded and the amendment 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. 987 Yeas--103

Accavitti Drolet Law, David Proos

Acciavatti Elsenheimer Law, Kathleen Robertson

Adamini Emmons Leland Rocca

Amos Espinoza Lemmons, III Sak

Anderson Farhat Lemmons, Jr. Schuitmaker

Angerer Farrah Lipsey Shaffer

Ball Gaffney Marleau Sheltrown

Baxter Gillard Mayes Smith, Alma

Bennett Gleason McDowell Spade

Bieda Gonzales Meisner Stahl

Booher Gosselin Meyer Stakoe

Brandenburg Green Miller Steil

Brown Hansen Moolenaar Stewart

Byrnes Hildenbrand Moore Taub

Byrum Hood Mortimer Tobocman

Casperson Hoogendyk Murphy Vagnozzi

Caswell Hopgood Newell Van Regenmorter

Caul Huizenga Nitz Vander Veen

Cheeks Hummel Nofs Walker

Clack Hune Palmer Ward

Clemente Hunter Palsrok Waters

Condino Jones Pastor Wenke

Cushingberry Kahn Pavlov Williams

DeRoche Kolb Pearce Wojno

Dillon Kooiman Plakas Zelenko

Donigan LaJoy Polidori

Nays--3

Garfield Sheen Smith, Virgil

In The Chair: Kooiman

The question being on agreeing to the title of the bill,

Rep. Ward moved to amend the title to read as follows:

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 15, 17, 24, 32, 33, 34, and 35 (MCL 169.215, 169.217, 169.224, 169.232, 169.233, 169.234, and 169.235), section 15 as amended by 2001 PA250, section 17 as amended by 1989 PA 95, section 24 as amended by 1999 PA 237, section 32 as amended by 1999 PA236, sections 33 and 34 as amended by 1999 PA 238, and section 35 as amended by 2000 PA 75, and by adding section15a.

The motion prevailed.

The House agreed to the title as amended.

House Bill No. 6130, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 33 (MCL 169.233), as amended by 1999 PA 238.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Ward moved to amend the bill as follows:

1. Amend page 3, line 3, by striking out all of line 3.

2. Amend page 3, line 4, by striking out "(i)" and inserting "(A)".

3. Amend page 3, line 4, after "31" by inserting "OF EACH YEAR".

4. Amend page 3, following line 5, by inserting:

"(B) NOT LATER THAN APRIL 25 WITH A CLOSING DATE OF APRIL 20.".

5. Amend page 3, line 6, by striking out "(ii)" and inserting "(C)".

6. Amend page 3, line 7, by striking out "(iii)" and inserting "(D)".

7. Amend page 3, line 9, by striking out all of subdivision (b).

The motion was seconded and the amendments were 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. 988 Yeas--103

Accavitti Drolet Law, David Proos

Acciavatti Elsenheimer Law, Kathleen Robertson

Adamini Emmons Leland Rocca

Amos Espinoza Lemmons, III Sak

Anderson Farhat Lemmons, Jr. Schuitmaker

Angerer Farrah Lipsey Shaffer

Ball Gaffney Marleau Sheltrown

Baxter Gillard Mayes Smith, Alma

Bennett Gleason McDowell Spade

Bieda Gonzales Meisner Stahl

Booher Gosselin Meyer Stakoe

Brandenburg Green Miller Steil

Brown Hansen Moolenaar Stewart

Byrnes Hildenbrand Moore Taub

Byrum Hood Mortimer Tobocman

Casperson Hoogendyk Murphy Vagnozzi

Caswell Hopgood Newell Van Regenmorter

Caul Huizenga Nitz Vander Veen

Cheeks Hummel Nofs Walker

Clack Hune Palmer Ward

Clemente Hunter Palsrok Waters

Condino Jones Pastor Wenke

Cushingberry Kahn Pavlov Williams

DeRoche Kolb Pearce Wojno

Dillon Kooiman Plakas Zelenko

Donigan LaJoy Polidori

Nays--3

Garfield Sheen Smith, Virgil

In The Chair: Kooiman

The House agreed to the title of the bill.

House Bill No. 6131, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 51 (MCL 169.251), as amended by 1989 PA 95.

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

Roll Call No. 989 Yeas--102

Accavitti Drolet Law, Kathleen Proos

Acciavatti Elsenheimer Leland Robertson

Adamini Emmons Lemmons, III Rocca

Amos Espinoza Lemmons, Jr. Sak

Anderson Farhat Lipsey Schuitmaker

Angerer Farrah Marleau Shaffer

Ball Gaffney Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Spade

Bieda Gonzales Meyer Stahl

Booher Gosselin Miller Stakoe

Brandenburg Hansen Moolenaar Steil

Brown Hildenbrand Moore Stewart

Byrnes Hood Mortimer Taub

Byrum Hoogendyk Murphy Tobocman

Casperson Hopgood Newell Vagnozzi

Caswell Huizenga Nitz Van Regenmorter

Caul Hummel Nofs Vander Veen

Cheeks Hune Palmer Walker

Clack Hunter Palsrok Ward

Clemente Jones Pastor Waters

Condino Kahn Pavlov Wenke

Cushingberry Kolb Pearce Williams

DeRoche Kooiman Plakas Wojno

Dillon LaJoy Polidori Zelenko

Donigan Law, David

Nays--4

Garfield Green Sheen Smith, Virgil

In The Chair: Kooiman

The House agreed to the title of the bill.

House Bill No. 6132, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," (MCL 169.201 to 169.282) by adding section 43a.

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

Roll Call No. 990 Yeas--104

Accavitti Elsenheimer Law, David Proos

Acciavatti Emmons Law, Kathleen Robertson

Adamini Espinoza Leland Rocca

Amos Farhat Lemmons, III Sak

Anderson Farrah Lemmons, Jr. Schuitmaker

Angerer Gaffney Lipsey Shaffer

Ball Garfield Marleau Sheen

Baxter Gillard Mayes Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Nays--2

Drolet Smith, Virgil

In The Chair: Kooiman

The House agreed to the title of the bill.

House Bill No. 6133, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 47 (MCL 169.247), as amended by 2001 PA 250, and by adding section 48.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Ward moved to amend the bill as follows:

1. Amend page 3, line 16, after "MEANS" by inserting "AND TO WHICH SECTION 47 DOES NOT APPLY".

The motion was seconded and the amendment 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. 991 Yeas--105

Accavitti Elsenheimer Law, David Proos

Acciavatti Emmons Law, Kathleen Robertson

Adamini Espinoza Leland Rocca

Amos Farhat Lemmons, III Sak

Anderson Farrah Lemmons, Jr. Schuitmaker

Angerer Gaffney Lipsey Shaffer

Ball Garfield Marleau Sheen

Baxter Gillard Mayes Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet

Nays--1

Smith, Virgil

In The Chair: Kooiman

The House agreed to the title of the bill.

Reps. Plakas, Anderson, Zelenko, Kolb, Lipsey, Meyer, Hummel, Newell, Vander Veen, Pastor, LaJoy, Hopgood, Kathleen Law, Brandenburg, Bieda, Condino, DeRoche, Accavitti, Gleason, Shaffer, Wenke, Emmons, Steil, Sak, Huizenga, Farhat, Moolenaar, Palsrok, Walker, Gillard, Dillon, Angerer, Byrnes, Clemente, Donigan, Gonzales, Hansen, Jones, Kahn, David Law, Leland, Marleau, Mayes, McDowell, Pearce, Polidori, Rocca, Alma Smith and Spade were named co-sponsors of the bill.

House Bill No. 6017, entitled

A bill to amend 1973 PA 196, entitled "An act to prescribe standards of conduct for public officers and employees; to create a state board of ethics and prescribe its powers and duties; and to prescribe remedies and penalties," by amending section 2 (MCL 15.342), as amended by 1984 PA 53.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Pastor moved to amend the bill as follows:

1. Amend page 3, following line 10, by inserting:

"(9) A PUBLIC OFFICER SHALL NOT SOLICIT OR ACCEPT A CONTRIBUTION, AS DEFINED IN SECTION 4 OF THE MICHIGAN CAMPAIGN FINANCE ACT, 1976 PA 388, MCL 169.204, IN ANY FACILITY OR PORTION OF A FACILITY OWNED OR LEASED BY THE STATE THAT IS USED PRIMARILY FOR THE CONDUCTING OF GOVERNMENT BUSINESS. AN INDIVIDUAL WHO VIOLATES THIS SUBSECTION IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 90 DAYS OR A FINE OF $1,000.00 OR THE AMOUNT OF THE CONTRIBUTION ACCEPTED, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT AND A FINE.".

The motion was seconded and the amendment 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. 992 Yeas--104

Accavitti Drolet Law, David Proos

Acciavatti Elsenheimer Law, Kathleen Robertson

Adamini Emmons Leland Rocca

Amos Espinoza Lemmons, III Sak

Anderson Farhat Lemmons, Jr. Schuitmaker

Angerer Farrah Lipsey Shaffer

Ball Gaffney Marleau Sheen

Baxter Gillard Mayes Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Nays--2

Garfield Smith, Virgil

In The Chair: Kooiman

The House agreed to the title of the bill.

House Bill No. 6128, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 5, 6, 11, and 54 (MCL 169.205, 169.206, 169.211, and 169.254), section 5 as amended by 1999 PA 237, section 6 as amended by 2003 PA 69, section 11 as amended by 1996 PA 590, and section 54 as amended by 1995 PA 264, and by adding sections 40, 52b, and 53a.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Baxter moved to substitute (H-4) the bill.

The motion was seconded and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

Rep. Meisner moved to amend the bill.

The motion was not seconded.

Rep. Sak moved to reconsider the vote by which the House did not second the motion made by Rep. Meisner.

The question being on the motion made by Rep. Sak,

Rep. Sak demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Sak,

The motion did not prevail a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 993 Yeas--48

Accavitti Condino Kolb Polidori

Adamini Cushingberry Law, Kathleen Sak

Anderson Dillon Leland Sheltrown

Angerer Donigan Lemmons, III Smith, Alma

Bennett Espinoza Lemmons, Jr. Smith, Virgil

Bieda Farrah Lipsey Spade

Brown Gillard Mayes Tobocman

Byrnes Gleason McDowell Vagnozzi

Byrum Gonzales Meisner Waters

Cheeks Hood Miller Williams

Clack Hopgood Murphy Wojno

Clemente Hunter Plakas Zelenko

Nays--58

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney Marleau

In The Chair: Kooiman

The question being on the passage of the bill,

After debate,

Rep. Hildenbrand demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

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. 994 Yeas--56

Acciavatti Gaffney Marleau Robertson

Amos Gosselin Meyer Rocca

Ball Green Moolenaar Schuitmaker

Baxter Hansen Moore Shaffer

Booher Hildenbrand Mortimer Stahl

Brandenburg Hoogendyk Newell Stakoe

Casperson Huizenga Nitz Steil

Caswell Hummel Nofs Stewart

Caul Hune Palmer Taub

DeRoche Jones Palsrok Van Regenmorter

Drolet Kahn Pastor Vander Veen

Elsenheimer Kooiman Pavlov Walker

Emmons LaJoy Pearce Ward

Farhat Law, David Proos Wenke

Nays--50

Accavitti Cushingberry Law, Kathleen Sak

Adamini Dillon Leland Sheen

Anderson Donigan Lemmons, III Sheltrown

Angerer Espinoza Lemmons, Jr. Smith, Alma

Bennett Farrah Lipsey Smith, Virgil

Bieda Garfield Mayes Spade

Brown Gillard McDowell Tobocman

Byrnes Gleason Meisner Vagnozzi

Byrum Gonzales Miller Waters

Cheeks Hood Murphy Williams

Clack Hopgood Plakas Wojno

Clemente Hunter Polidori Zelenko

Condino Kolb

In The Chair: Kooiman

The question being on agreeing to the title of the bill,

Rep. Ward moved to amend the title to read as follows:

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 5, 6, 11, 24, 26, 29, 35, and 43 (MCL 169.205, 169.206, 169.211, 169.224, 169.226, 169.229, 169.235, and 169.243), sections 5 and 24 as amended by 1999 PA 237, section 6 as amended by 2003 PA 69, section 11 as amended by 1996 PA 590, sections 26 and 29 as amended by 2001 PA 250, and section 35 as amended by 2000 PA 75, and by adding section 51a.

The motion prevailed.

The House agreed to the title as amended.

House Bill No. 4983, entitled

A bill to regulate and to require certain reports to be filed by persons who receive contributions for purposes of defending elected officials from criminal, civil, and administrative actions; to regulate contributions made for purposes of defending elected officials from criminal, civil, and administrative actions; to prescribe certain powers and duties of the secretary of state; and to prescribe penalties and civil sanctions.

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

Roll Call No. 995 Yeas--106

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Cheeks Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet Law, David

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

House Bill No. 5985, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 50 (MCL 169.250), as added by 1994 PA 385.

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

Roll Call No. 996 Yeas--106

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Cheeks Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet Law, David

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

Second Reading of Bills

Senate Bill No. 1167, entitled

A bill to amend 2000 PA 322, entitled "Julian-Stille value-added act," (MCL 285.301 to 285.304) by adding section 2b; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. McDowell moved to amend the bill as follows:

1. Amend page 2, following line 17, by inserting:

"(I) TWO INDIVIDUALS FROM THE UPPER PENINSULA REPRESENTING THE AGRICULTURAL INTERESTS OF THAT REGION.".

The question being on the adoption of the amendment offered by Rep. McDowell,

Rep. McDowell demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. McDowell,

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

Roll Call No. 997 Yeas--51

Accavitti Condino Law, Kathleen Sak

Adamini Cushingberry Leland Sheltrown

Anderson Dillon Lemmons, III Smith, Alma

Angerer Donigan Lemmons, Jr. Smith, Virgil

Bennett Espinoza Lipsey Spade

Bieda Farrah Mayes Tobocman

Brown Gillard McDowell Vagnozzi

Byrnes Gleason Meisner Walker

Byrum Gonzales Miller Waters

Casperson Hood Moore Williams

Cheeks Hopgood Murphy Wojno

Clack Hunter Plakas Zelenko

Clemente Kolb Polidori

Nays--55

Acciavatti Garfield Marleau Rocca

Amos Gosselin Meyer Schuitmaker

Ball Green Moolenaar Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Caswell Huizenga Nofs Steil

Caul Hummel Palmer Stewart

DeRoche Hune Palsrok Taub

Drolet Jones Pastor Van Regenmorter

Elsenheimer Kahn Pavlov Vander Veen

Emmons Kooiman Pearce Ward

Farhat LaJoy Proos Wenke

Gaffney Law, David Robertson

In The Chair: Kooiman

______

Rep. Elsenheimer, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I vote against this amendment as it tends to divide northern Michigan rather than unite it. I believe representation from the U.P. is appropriate and necessary on this committee, but no more or less necessary than representation from the northern lower peninsula. The amendment should have reflected the reality of the northern Michigan economy, and did not."

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

The motion prevailed.

Senate Bill No. 1168, entitled

A bill to amend 2000 PA 322, entitled "Julian-Stille value-added act," by amending the title and section 2 (MCL 285.302).

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

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Nitz moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Nitz moved to amend the bill as follows:

1. Amend page 13, following line 8, by inserting:

"(13) THE AMENDATORY ACT THAT ADDED SUBSECTION (5) SHALL NOT AFFECT ANY GRANTS AWARDED UNDER THIS ACT PRIOR TO THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SUBSECTION (5).".

The motion prevailed and the amendment 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.

Senate Bill No. 1169, entitled

A bill to amend 2000 PA 322, entitled "Julian-Stille value-added act," (MCL 285.301 to 285.304) by adding section 2a.

The bill was read a second time.

Rep. Nitz 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. Ward 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

Rep. Ward moved that House Bill No. 6294 be given immediate effect.

The question being on the motion made by Rep. Ward,

Rep. Sak demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Ward,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 998 Yeas--70

Acciavatti Farhat Mayes Sak

Amos Gaffney McDowell Schuitmaker

Angerer Garfield Meyer Shaffer

Ball Gleason Moolenaar Sheen

Baxter Gosselin Moore Sheltrown

Booher Green Mortimer Spade

Brandenburg Hansen Newell Stahl

Byrnes Hildenbrand Nitz Stakoe

Casperson Hoogendyk Nofs Steil

Caswell Huizenga Palmer Stewart

Caul Hummel Palsrok Taub

Clemente Hune Pastor Van Regenmorter

DeRoche Jones Pavlov Vander Veen

Donigan Kahn Pearce Walker

Drolet Kooiman Proos Ward

Elsenheimer LaJoy Robertson Wenke

Emmons Law, David Rocca Wojno

Espinoza Marleau

Nays--35

Accavitti Condino Law, Kathleen Polidori

Adamini Cushingberry Leland Smith, Alma

Anderson Dillon Lemmons, III Smith, Virgil

Bennett Farrah Lemmons, Jr. Tobocman

Bieda Gillard Lipsey Vagnozzi

Brown Gonzales Meisner Waters

Byrum Hood Miller Williams

Cheeks Hopgood Murphy Zelenko

Clack Hunter Plakas

In The Chair: Kooiman

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Ward moved that Rule 45 be suspended.

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

Rep. Ward moved that the Committee on House Oversight, Elections, and Ethics be discharged from further consideration of House Resolution No. 279.

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

The resolution was placed on the order of Reports of Standing Committees.

Rep. Ward moved that Rule 45 be suspended.

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

Rep. Ward moved that the Committee on House Oversight, Elections, and Ethics be discharged from further consideration of House Resolution No. 280.

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

The resolution was placed on the order of Reports of Standing Committees.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 279.

A resolution to urge the Michigan Capitol Committee to rename the 2006 Winter Holiday Tree display as the "Christmas Tree and Hanukkah Menorah Holidays Display".

(For text of resolution, see House Journal No. 63, p. 1680.)

(The resolution was discharged from the Committee on House Oversight, Elections, and Ethics on September 13.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 280.

A resolution to urge the Michigan Capitol Committee to recommend that a display of the Hanukkah Menorah be placed on the Capitol grounds.

(For text of resolution, see House Journal No. 63, p. 1680.)

(The resolution was discharged from the Committee on House Oversight, Elections, and Ethics on September 13.)

The question being on the adoption of the resolution,

The resolution was adopted.

______

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

The motion prevailed.

Rep. Cushingberry asked and obtained an excuse from session on Thursday, September 21, 2006.

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, September 13:

House Bill Nos. 6450 6451 6452 6453 6454 6455 6456 6457 6458 6459 6460 6461 6462 6463 6464 6465 6466 6467

Senate Bill Nos. 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426

The Clerk announced that the following Senate bill had been received on Wednesday, September 13:

Senate Bill No. 1357

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Government Operations, by Rep. Drolet, Chair, reported

House Bill No. 6363, entitled

A bill to amend 1976 PA 390, entitled "Emergency management act," by amending section 5 (MCL 30.405), as amended by 1990 PA 50.

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.

Favorable Roll Call

To Report Out:

Yeas: Reps. Drolet, Gosselin, Garfield, Sheen, Emmons, Tobocman and Lipsey

Nays: None

The Committee on Government Operations, by Rep. Drolet, Chair, reported

House Bill No. 6364, entitled

A bill to amend 1945 PA 302, entitled "An act authorizing the governor to proclaim a state of emergency, and to prescribe the powers and duties of the governor with respect thereto; and to prescribe penalties," by amending section 1 (MCL 10.31).

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.

Favorable Roll Call

To Report Out:

Yeas: Reps. Drolet, Gosselin, Garfield, Sheen, Emmons, Tobocman and Lipsey

Nays: None

The Committee on Government Operations, by Rep. Drolet, Chair, reported

House Bill No. 6410, entitled

A bill to revise, consolidate, and codify the laws relating to fireworks; to regulate the purchase, possession, sale, and use of fireworks; to provide for penalties and remedies; and to prescribe the powers and duties of certain state agencies.

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.

Favorable Roll Call

To Report Out:

Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield, Sheen and Emmons

Nays: Rep. Lipsey

The Committee on Government Operations, by Rep. Drolet, Chair, reported

House Bill No. 6411, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411 (MCL 750.411), as amended by 2000 PA 339.

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. Drolet, Hoogendyk, Gosselin, Garfield, Sheen and Emmons

Nays: None

The Committee on Government Operations, by Rep. Drolet, Chair, reported

House Bill No. 6412, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11c of chapter XVII (MCL 777.11c), as added by 2002 PA 31.

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. Drolet, Hoogendyk, Gosselin, Garfield, Sheen and Emmons

Nays: Rep. Lipsey

The Committee on Government Operations, by Rep. Drolet, Chair, reported

House Bill No. 6413, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing chapter XXXIX (MCL 750.243a to 750.243e).

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. Drolet, Hoogendyk, Gosselin, Garfield, Sheen and Emmons

Nays: Rep. Lipsey

The Committee on Government Operations, by Rep. Drolet, Chair, reported

House Bill No. 6414, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 243e (MCL 750.243e).

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. Drolet, Hoogendyk, Gosselin, Garfield, Sheen and Emmons

Nays: None

The Committee on Government Operations, by Rep. Drolet, Chair, reported

House Bill No. 6415, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16n of chapter XVII (MCL 777.16n), as amended by 2002 PA 321.

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. Drolet, Hoogendyk, Gosselin, Garfield, Sheen and Emmons

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Drolet, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Tuesday, September 12, 2006

Present: Reps. Drolet, Hoogendyk, Gosselin, Garfield, Sheen, Emmons, Tobocman and Lipsey

Absent: Rep. Lemmons, III

Excused: Rep. Lemmons, III

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

House Bill No. 6181, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 15g to chapter IV.

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.

Favorable Roll Call

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, 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. 6182, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 1g to chapter IV.

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.

Favorable Roll Call

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, 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. 6275, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," (MCL 791.201 to 791.283) by adding section 40.

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.

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. 6307, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 520b, 520c, and 520d (MCL 750.520b, 750.520c, and 750.520d), as amended by 2002 PA 714.

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.

Favorable Roll Call

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey and Bieda

Nays: Reps. Nofs, Condino, Adamini and Virgil Smith

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

House Bill No. 6455, entitled

A bill to amend 1985 PA 87, entitled "William Van Regenmorter crime victim's rights act," by amending sections 13a, 16a, 17a, 31, 41a, 44a, 46b, 61, 76a, 78a, and 80a (MCL 780.763a, 780.766a, 780.767a, 780.781, 780.791a, 780.794a, 780.796b, 780.811, 780.826a, 780.828a, and 780.830a), sections 13a, 16a, 31, 44a, 61, and 76a as amended and sections 17a, 46b, and 80a as added by 2005 PA 184 and sections 41a and 78a as amended by 2000 PA 503, and by adding sections 2a, 18b, 31a, 45a, 61b, and 77b.

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, September 13, 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. Hummel, Chair, of the Committee on Appropriations, was received and read:

Meeting held on: Tuesday, September 12, 2006

Present: Reps. Hummel, Pastor, Acciavatti, Kooiman, Stewart, Amos, Brandenburg, Caswell, Farhat, Moolenaar, Shaffer, Steil, Taub, Walker, Booher, Caul, Hansen, Kahn, Brown, Kolb, Sak, Cushingberry, Cheeks, Williams, Plakas, Alma Smith, Gonzales, Hood and Murphy

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, September 13, 2006

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Casperson, Chair, of the Committee on Conservation, Forestry, and Outdoor Recreation, was received and read:

Meeting held on: Wednesday, September 13, 2006

Present: Reps. Casperson, Hildenbrand, Garfield, Nitz, McDowell, Sheltrown and Espinoza

Absent: Reps. Stakoe, Baxter, Rocca and Gillard

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Robertson, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Wednesday, September 13, 2006

Present: Reps. Robertson, Green, Huizenga, Hune, Palsrok, Hunter, Clemente and Mayes

Absent: Rep. Dillon

Excused: Rep. Dillon

Messages from the Senate

House Bill No. 6138, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17211 and 17221 (MCL 333.17211 and 333.17221), section 17221 as amended by 1993 PA 79.

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. 6141, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17011 (MCL 333.17011), as amended by 1993 PA 79, and by adding section 17026.

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. 6142, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16411 and 16421 (MCL 333.16411 and 333.16421), section 16411 as amended by 2002 PA 734 and section 16421 as amended by 1993 PA 79.

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. 6143, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 18211 and 18221 (MCL 333.18211 and 333.18221), section 18221 as amended by 1993 PA 79.

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. 6148, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17511 (MCL 333.17511) and by adding section 17526.

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. 6149, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 18011 and 18021 (MCL 333.18011 and 333.18021), as amended by 2006 PA 161.

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. 6205, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17711 and 17721 (MCL 333.17711 and 333.17721), section 17721 as amended by 1993 PA 79.

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. 6206, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17305 (MCL 333.17305), as added by 2001 PA 139.

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. 6207, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16903, 16905, and 16907 (MCL 333.16903, 333.16905, and 333.16907), as added by 1995 PA 126.

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. 6208, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17820, 17821, and 17903 (MCL 333.17820, 333.17821, and 333.17903), section 17820 as amended by 2005 PA 281, section 17821 as amended by 1993 PA 79, and section 17903 as added by 2006 PA 54.

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. 4431, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 316 (MCL 750.316), as amended by 2004 PA 58.

The Senate has amended the bill as follows:

1. Amend page 3, line 7, by striking out "September" and inserting "December".

The Senate has passed the bill as amended, 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. 5672, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17766 (MCL 333.17766), as amended by 2004 PA 329, and by adding section 17780.

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. 6150, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 18103, 18105, and 18115 (MCL 333.18103, 333.18105, and 333.18115), section 18103 as amended by 1993 PA 79, section 18105 as amended by 1989 PA 262, and section 18115 as added by 1988 PA 421.

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 Concurrent Resolution No. 30.

A concurrent resolution to memorialize the Congress of the United States to eliminate the Medicare caps on accredited graduate medical education positions for the state of Michigan that were imposed as part of the Balanced Budget Amendment of 1997.

(For text of resolution, see House Journal No. 25, p. 472.)

The Senate has adopted the concurrent resolution and named Senators Birkholz and Goschka as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

Senate Bill No. 1357, entitled

A bill to amend 1945 PA 47, entitled "An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities; and to prescribe penalties and provide remedies," by amending section 1 (MCL 331.1).

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.

Communications from State Officers

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

September 12, 2006

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

Performance audit of

State Universities' Reporting of Selected Higher Education Institutional Data Inventory Data

for fiscal year 2004-05

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.

______

Rep. Hummel moved that the House adjourn.

The motion prevailed, the time being 5:00 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, September 14, at 10:30 a.m.

GARY L. RANDALL

Clerk of the House of Representatives