No. 74
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2005
House Chamber, Lansing, Thursday, September 8, 2005.
10:30 a.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Emmons--present Leland--present Robertson--present
Acciavatti--present Espinoza--present Lemmons, III--present Rocca--present
Adamini--excused Farhat--present Lemmons, Jr.--excused Sak--present
Amos--present Farrah--present Lipsey--present Schuitmaker--present
Anderson--present Gaffney--present Marleau--present Shaffer--present
Angerer--present Garfield--present Mayes--present Sheen--present
Ball--present Gillard--present McConico--present Sheltrown--present
Baxter--present Gleason--present McDowell--present Smith, Alma--present
Bennett--present Gonzales--present Meisner--present Smith, Virgil--present
Bieda--present Gosselin--present Meyer--present Spade--present
Booher--present Green--present Miller--present Stahl--present
Brandenburg--present Hansen--present Moolenaar--present Stakoe--present
Brown--present Hildenbrand--present Moore--present Steil--present
Byrnes--present Hood--present Mortimer--present Stewart--present
Byrum--present Hoogendyk--present Murphy--present Taub--present
Casperson--present Hopgood--present Newell--present Tobocman--present
Caswell--present Huizenga--present Nitz--present Vagnozzi--present
Caul--present Hummel--present Nofs--present Van Regenmorter--present
Cheeks--present Hune--present Palmer--present Vander Veen--present
Clack--present Hunter--present Palsrok--present Walker--present
Clemente--present Jones--present Pastor--present Ward--present
Condino--present Kahn--present Pavlov--present Waters--present
Cushingberry--e/d/s Kehrl--present Pearce--present Wenke--present
DeRoche--present Kolb--present Phillips--excused Whitmer--present
Dillon--present Kooiman--present Plakas--present Williams--present
Donigan--present LaJoy--excused Polidori--present Wojno--present
Drolet--present Law, David--present Proos--present Zelenko--present
Elsenheimer--present Law, Kathleen--present
e/d/s = entered during session
Rep. Neal Nitz, from the 78th District, offered the following invocation:
"In this quiet moment, Lord, before the day begins, before we raise our voices in affirmation or dissent, before we assert our minds or our wills, we turn to You to ask that our thoughts be Your thoughts, our hopes, Your hopes, and our dreams, Your dreams.
In this moment, when we stop and listen to Your heart and to our own, tears well up in us as we think of those caught in the storms of life and especially in the storm that we have named Katrina.
We have seen the pictures of homeless children and frightened adults, of people on rooftops and in sports stadiums, of those searching for the lost and those finding them, and of the water everywhere covering everything, and our hearts ache, as Your heart must.
In whatever way You have for us, help us to reach out to them with love and compassion, with hope and a hand, so that they may find a new life out of the debris of the old and new joy from the remains of sorrow.
Grant to this nation and to this state, Lord, that our greatness may be found in the largeness of our heart, that our strength may be found in the character of our people, and that our unity in our commitment to others.
Grant that those of us who serve in positions of power may use that power in the service of a vision larger than ourselves, of a vision larger than party or faction, of a vision larger than all that would tear us down and tear us apart.
Grant us the wisdom to know right from wrong not only in our private lives but in our lives together, and grant us the courage to stand for the right when the wrong is easy, as it so often is.
Finally, Lord, grant us the grace at the end of this day, as of every day, when we have laid aside all our tasks, to look back and see that You have once again filled this day with unexpected joys and with unanticipated blessings, and that You have turned our small and often bumbling efforts into something greater than we could have hoped.
And so, at the beginning of this day, in the quietness of this moment, while the day is still fresh, we lift up our hearts to You and ask for Your presence, Your guidance, and Your grace. In Your name. Amen."
______
Rep. Sak moved that Reps. Adamini, Lemmons, Jr. and Phillips be excused from today's session.
The motion prevailed.
Rep. Palmer moved that Rep. LaJoy be excused from today's session.
The motion prevailed.
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 7:
Senate Bill Nos. 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, September 8:
House Bill Nos. 5129 5130 5131 5132 5133 5134 5135 5136 5137 5138 5139 5140 5141 5142 5143
The Clerk announced that the following Senate bills had been received on Thursday, September 8:
Senate Bill Nos. 470 548 549 550 658
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. McDowell moved that the Committee on Commerce be discharged from further consideration of House Bill No. 5139.
(For first notice see House Journal No. 73, p. 1323.)
The question being on the motion made by Rep. McDowell,
Rep. McDowell demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. McDowell
The motion prevailed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 385 Yeas--89
Accavitti Donigan Law, David Robertson
Acciavatti Drolet Law, Kathleen Rocca
Amos Emmons Leland Sak
Anderson Espinoza Lemmons, III Schuitmaker
Angerer Farhat Lipsey Shaffer
Ball Farrah Mayes Sheltrown
Baxter Gaffney McConico Smith, Alma
Bennett Gillard McDowell Smith, Virgil
Bieda Gleason Meisner Spade
Booher Gonzales Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Tobocman
Casperson Hopgood Nitz Vagnozzi
Caswell Hummel Nofs Ward
Caul Hune Palsrok Waters
Cheeks Hunter Pastor Wenke
Clack Jones Pavlov Whitmer
Clemente Kehrl Plakas Williams
Condino Kolb Polidori Wojno
DeRoche Kooiman Proos Zelenko
Dillon
Nays--16
Elsenheimer Huizenga Newell Taub
Garfield Kahn Palmer Van Regenmorter
Gosselin Marleau Pearce Vander Veen
Hoogendyk Meyer Sheen Walker
In The Chair: Kooiman
Rep. Ward moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Donigan moved that the Committee on Commerce be discharged from further consideration of House Bill No. 5071.
(For first notice see House Journal No. 73, p. 1323.)
The question being on the motion made by Rep. Donigan,
Rep. Donigan demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Donigan,
The motion prevailed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 386 Yeas--88
Accavitti Dillon Law, David Rocca
Acciavatti Donigan Law, Kathleen Sak
Amos Drolet Leland Schuitmaker
Anderson Emmons Lemmons, III Shaffer
Angerer Espinoza Lipsey Sheltrown
Ball Farhat Mayes Smith, Alma
Baxter Farrah McConico Smith, Virgil
Bennett Gaffney McDowell Spade
Bieda Gillard Meisner Stahl
Booher Gleason Miller Stakoe
Brandenburg Gonzales Moolenaar Steil
Brown Hansen Moore Stewart
Byrnes Hildenbrand Mortimer Tobocman
Byrum Hood Murphy Vagnozzi
Casperson Hopgood Nitz Van Regenmorter
Caswell Hummel Nofs Ward
Caul Hune Palsrok Waters
Cheeks Hunter Pavlov Wenke
Clack Jones Plakas Whitmer
Clemente Kehrl Polidori Williams
Condino Kolb Proos Wojno
DeRoche Kooiman Robertson Zelenko
Nays--17
Elsenheimer Huizenga Newell Sheen
Garfield Kahn Palmer Taub
Gosselin Marleau Pastor Vander Veen
Green Meyer Pearce Walker
Hoogendyk
In The Chair: Kooiman
Rep. Ward moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Donigan moved that the Committee on Commerce be discharged from further consideration of House Bill No. 4811.
(For first notice see House Journal No. 73, p. 1323.)
The question being on the motion made by Rep. Donigan,
Rep. Donigan demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Donigan,
The motion prevailed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 387 Yeas--87
Accavitti Donigan Law, Kathleen Sak
Acciavatti Drolet Leland Schuitmaker
Amos Emmons Lemmons, III Shaffer
Anderson Espinoza Lipsey Sheltrown
Angerer Farhat Mayes Smith, Alma
Ball Farrah McConico Smith, Virgil
Baxter Gaffney McDowell Spade
Bennett Gillard Meisner Stahl
Bieda Gonzales Miller Stakoe
Booher Green Moolenaar Steil
Brandenburg Hansen Moore Stewart
Brown Hildenbrand Mortimer Tobocman
Byrnes Hood Murphy Vagnozzi
Byrum Hopgood Nitz Van Regenmorter
Casperson Hummel Nofs Ward
Caul Hune Palsrok Waters
Cheeks Hunter Pavlov Wenke
Clack Jones Plakas Whitmer
Clemente Kehrl Polidori Williams
Condino Kolb Proos Wojno
DeRoche Kooiman Robertson Zelenko
Dillon Law, David Rocca
Nays--18
Caswell Hoogendyk Newell Sheen
Elsenheimer Huizenga Palmer Taub
Garfield Kahn Pastor Vander Veen
Gleason Marleau Pearce Walker
Gosselin Meyer
In The Chair: Kooiman
Rep. Ward moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The bill was placed on the order of Second Reading of Bills.
______
Rep. Cushingberry entered the House Chambers.
Rep. McDowell moved that the Committee on Commerce be discharged from further consideration of House Bill No. 4773.
(For first notice see House Journal No. 73, p. 1323.)
The question being on the motion made by Rep. McDowell,
Rep. McDowell demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. McDowell,
The motion prevailed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 388 Yeas--89
Accavitti Donigan Law, David Rocca
Acciavatti Drolet Law, Kathleen Sak
Amos Emmons Leland Schuitmaker
Anderson Espinoza Lemmons, III Shaffer
Angerer Farhat Lipsey Sheltrown
Ball Farrah Mayes Smith, Alma
Baxter Gaffney McConico Smith, Virgil
Bennett Gillard McDowell Spade
Bieda Gleason Meisner Stahl
Booher Gonzales Miller Stakoe
Brandenburg Green Moolenaar Steil
Brown Hansen Moore Stewart
Byrnes Hildenbrand Mortimer Tobocman
Byrum Hood Murphy Vagnozzi
Casperson Hopgood Nitz Van Regenmorter
Caul Hummel Nofs Ward
Cheeks Hune Palsrok Waters
Clack Hunter Pavlov Wenke
Clemente Jones Plakas Whitmer
Condino Kehrl Polidori Williams
Cushingberry Kolb Proos Wojno
DeRoche Kooiman Robertson Zelenko
Dillon
Nays--17
Caswell Huizenga Newell Sheen
Elsenheimer Kahn Palmer Taub
Garfield Marleau Pastor Vander Veen
Gosselin Meyer Pearce Walker
Hoogendyk
In The Chair: Kooiman
Rep. Ward moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The bill was placed on the order of Second Reading of Bills.
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 Appropriations be discharged from further consideration of House Bill No. 4306.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
House Bill No. 4642, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 12 (MCL 28.432), as amended by 2004 PA 99.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Conservation, Forestry, and Outdoor Recreation
The substitute (H-1) 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.
Senate Bill No. 83, entitled
A bill to amend 1964 PA 287, entitled "An act to provide for the organization and functions of the state boards of education under the constitutions of 1908 and 1963; to provide for the appointment and functions of the superintendent of public instruction under the constitution of 1963; and to repeal certain acts and parts of acts," by amending section 9a (MCL 388.1009a), as amended by 1983 PA 240.
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.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5057, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 91.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 389 Yeas--106
Accavitti Emmons Leland Rocca
Acciavatti Espinoza Lemmons, III Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico 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 Kehrl Plakas Whitmer
Dillon Kolb Polidori Williams
Donigan Kooiman Proos Wojno
Drolet Law, David Robertson Zelenko
Elsenheimer Law, Kathleen
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. 564, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 97.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 390 Yeas--106
Accavitti Emmons Leland Rocca
Acciavatti Espinoza Lemmons, III Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico 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 Kehrl Plakas Whitmer
Dillon Kolb Polidori Williams
Donigan Kooiman Proos Wojno
Drolet Law, David Robertson Zelenko
Elsenheimer Law, Kathleen
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 consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,"
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.
Pending the Third Reading of
House Bill No. 5029, entitled
A bill to amend 1978 PA 639, entitled "Hertel-Law-T. Stopczynski port authority act," by amending sections 2, 4, 8, 9, 12, 13, 14, 15, 16, 18, 22, 23, and 24 (MCL 120.102, 120.104, 120.108, 120.109, 120.112, 120.113, 120.114, 120.115, 120.116, 120.118, 120.122, 120.123, and 120.124), sections 14 and 18 as amended by 2002 PA 412 and section 23 as amended by 1984 PA 256, and by adding sections 1a, 1b, 7a, 18a, 31, and 32; and to repeal acts and parts of acts.
(The bill was placed on the order of Third Reading of Bills on September 7, see House Journal No. 73, p. 1308.)
Rep. Ward moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.
The motion prevailed, a majority of the members present voting therefor.
Second Reading of Bills
House Bill No. 5029, entitled
A bill to amend 1978 PA 639, entitled "Hertel-Law-T. Stopczynski port authority act," by amending sections 2, 4, 8, 9, 12, 13, 14, 15, 16, 18, 22, 23, and 24 (MCL 120.102, 120.104, 120.108, 120.109, 120.112, 120.113, 120.114, 120.115, 120.116, 120.118, 120.122, 120.123, and 120.124), sections 14 and 18 as amended by 2002 PA 412 and section 23 as amended by 1984 PA 256, and by adding sections 1a, 1b, 7a, 18a, 31, and 32; and to repeal acts and parts of acts.
Rep. Ward moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Hunter.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendment offered previously by Rep. Hunter,
Rep. Hunter withdrew the amendment.
Rep. Ward moved that consideration of the bill be postponed for the day.
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. 4071, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the title, as amended by 1996 PA 434, and by adding section 43540a.
(The bill was received from the Senate on September 7, 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. 73, p. 1317.)
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. 391 Yeas--106
Accavitti Emmons Leland Rocca
Acciavatti Espinoza Lemmons, III Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico 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 Kehrl Plakas Whitmer
Dillon Kolb Polidori Williams
Donigan Kooiman Proos Wojno
Drolet Law, David Robertson Zelenko
Elsenheimer Law, Kathleen
Nays--0
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 4145, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 43540c.
(The bill was received from the Senate on September 7, 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. 73, p. 1317.)
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. 392 Yeas--106
Accavitti Emmons Leland Rocca
Acciavatti Espinoza Lemmons, III Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico 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 Kehrl Plakas Whitmer
Dillon Kolb Polidori Williams
Donigan Kooiman Proos Wojno
Drolet Law, David Robertson Zelenko
Elsenheimer Law, Kathleen
Nays--0
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Sak moved that Rep. Alma Smith be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
House Bill No. 4679, entitled
A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending sections 1, 3, 4, and 7 (MCL 125.1651, 125.1653, 125.1654, and 125.1657), sections 1 and 3 as amended by 2005 PA 13, section 4 as amended by 1987 PA 66, and section 7 as amended by 2004 PA 196.
(The bill was received from the Senate on September 7, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 73, p. 1317.)
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. 393 Yeas--100
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Amos Espinoza Lemmons, III Sak
Anderson Farhat Lipsey Schuitmaker
Angerer Farrah Mayes Shaffer
Ball Gaffney McConico Sheltrown
Baxter Gillard McDowell Smith, Virgil
Bennett Gleason Meisner Spade
Bieda Gonzales Meyer Stahl
Booher Green 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 Kehrl Pearce Whitmer
DeRoche Kolb Plakas Williams
Dillon Kooiman Polidori Wojno
Donigan Law, David Proos Zelenko
Nays--5
Drolet Gosselin Marleau Sheen
Garfield
In The Chair: Kooiman
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Alma Smith, 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. 393. Had I been present, I would have voted 'yea'."
The Speaker laid before the House
House Bill No. 4915, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 2 (MCL 207.552), as amended by 2003 PA 5.
(The bill was received from the Senate on September 7, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 73, p. 1317.)
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. 394 Yeas--106
Accavitti Emmons Leland Rocca
Acciavatti Espinoza Lemmons, III Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico 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 Kehrl Plakas Whitmer
Dillon Kolb Polidori Williams
Donigan Kooiman Proos Wojno
Drolet Law, David Robertson Zelenko
Elsenheimer Law, Kathleen
Nays--0
In The Chair: Kooiman
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
Senate Bill No. 416, entitled
A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending the title and sections 1, 2, and 4 (MCL 722.671, 722.672, and 722.674), section 1 as amended by 2003 PA 192, and by adding sections 12a and 12b, part II, and a heading for part I; and to repeal acts and parts of acts.
(The bill was received from the Senate on September 7, with amendments to the House substitute (H-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 73, p. 1317.)
The question being on concurring in the amendments to the House substitute (H-2) made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 395 Yeas--101
Accavitti Emmons Leland Robertson
Acciavatti Espinoza Lemmons, III Rocca
Amos Farhat Lipsey Sak
Anderson Farrah Marleau Schuitmaker
Angerer Gaffney Mayes Shaffer
Ball Gillard McConico Sheen
Baxter Gleason McDowell Sheltrown
Bennett Gonzales Meisner Smith, Virgil
Bieda Gosselin Meyer Spade
Booher Green Miller Stahl
Brandenburg Hansen Moolenaar Stakoe
Brown Hildenbrand Moore Steil
Byrnes Hood Mortimer Stewart
Byrum Hoogendyk Murphy Taub
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 Kehrl Pearce Whitmer
DeRoche Kooiman Plakas Williams
Dillon Law, David Polidori Wojno
Donigan Law, Kathleen Proos Zelenko
Elsenheimer
Nays--5
Drolet Kolb Smith, Alma Tobocman
Garfield
In The Chair: Kooiman
The Speaker laid before the House
Senate Bill No. 463, entitled
A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending section 3 (MCL 722.673), as amended by 2003 PA 192.
(The bill was received from the Senate on September 7, with substitute (S-1) to the House substitute (H-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 73, p. 1318.)
The question being on concurring in the substitute (S-1) to the House substitute (H-2) 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. 396 Yeas--106
Accavitti Emmons Leland Rocca
Acciavatti Espinoza Lemmons, III Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico 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 Kehrl Plakas Whitmer
Dillon Kolb Polidori Williams
Donigan Kooiman Proos Wojno
Drolet Law, David Robertson Zelenko
Elsenheimer Law, Kathleen
Nays--0
In The Chair: Kooiman
Second Reading of Bills
House Bill No. 4306, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2004 PA 518 and section 17b as amended by 2000 PA 297.
The bill was read a second time.
Rep. Moolenaar 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. Hummel 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. 4306, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2004 PA 518 and section 17b as amended by 2000 PA 297.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 397 Yeas--106
Accavitti Emmons Leland Rocca
Acciavatti Espinoza Lemmons, III Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico 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 Kehrl Plakas Whitmer
Dillon Kolb Polidori Williams
Donigan Kooiman Proos Wojno
Drolet Law, David Robertson Zelenko
Elsenheimer Law, Kathleen
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 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 6 and 17b (MCL 388.1606 and 388.1617b), section 6 as amended by 2004 PA 351 and section 17b as amended by 2000 PA 297.
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.
______
Rep. Ward moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Notices
Rep. Murphy, 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. 379-384. Had I been present, I would have voted 'yea'."
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Hildenbrand, Vice-Chair, reported
House Bill No. 4977, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5l (MCL 28.425l), as amended by 2002 PA 719.
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. Hildenbrand, Garfield, Nitz, Stakoe, Baxter, Rocca, McDowell, Sheltrown and Espinoza
Nays: None
The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Hildenbrand, Vice-Chair, reported
House Bill No. 4978, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," (MCL 28.421 to 28.435) by adding section 6.
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. Hildenbrand, Garfield, Nitz, Stakoe, Baxter, Rocca, McDowell, Sheltrown and Espinoza
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hildenbrand, Vice-Chair, of the Committee on Conservation, Forestry, and Outdoor Recreation, was received and read:
Meeting held on: Thursday, September 8, 2005
Present: Reps. Hildenbrand, Garfield, Nitz, Stakoe, Baxter, Rocca, McDowell, Sheltrown and Espinoza
Absent: Reps. Casperson and Gillard
Excused: Reps. Casperson and Gillard
Messages from the Senate
House Bill No. 4436, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2005; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The Senate has concurred in the House amendment to the Senate amendment.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Bill No. 470, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 321, 5756, 8371, and 8420 (MCL 600.321, 600.5756, 600.8371, and 600.8420), sections 321 and 8420 as amended by 2003 PA 138 and sections 5756 and 8371 as amended by 2003 PA 178.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 548, entitled
A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes," by amending section 7 (MCL 28.297), as added by 1997 PA 99.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 549, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 208b and 232 (MCL 257.208b and 257.232), section 208b as amended by 2000 PA 159 and section 232 as amended by 2000 PA 192.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 550, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80130, 80315, 81114, and 82156 (MCL 324.80130, 324.80315, 324.81114, and 324.82156), as amended by 1997 PA 102.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 658, entitled
A bill to amend 1889 PA 39, entitled "An act to authorize the formation of corporations for the purchase and improvement of grounds to be occupied for summer homes, for camp-meetings, for meetings of assemblies or associations and societies organized for intellectual and scientific culture and for the promotion of the cause of religion and morality, or for any or all of such purposes; and to impose certain duties on the department of commerce," by amending section 4 (MCL 455.54), as amended by 1982 PA 85.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Spade, Miller, Sak, Kehrl, Bennett, Gillard, Sheltrown, Accavitti, Bieda, Anderson, Ball, Brown, Byrum, Caul, Clack, Condino, Gleason, Gonzales, Green, Hopgood, Kolb, Kooiman, David Law, Leland, Lemmons III, Marleau, Mayes, McConico, Meisner, Meyer, Mortimer, Murphy, Plakas, Polidori, Proos, Shaffer, Alma Smith, Stahl, Tobocman, Vagnozzi, Van Regenmorter, Waters and Zelenko offered the following resolution:
House Resolution No. 124.
A resolution recognizing September 9, 2005, as Fetal Alcohol Spectrum Disorders Awareness Day and the month of September 2005 as Fetal Alcohol Spectrum Disorders Awareness Month in the state of Michigan.
Whereas, Fetal alcohol spectrum disorders, the range of effects including fetal alcohol syndrome that can occur in an individual whose mother drank alcohol during pregnancy, are the leading cause of mental retardation in western civilization, including the United States. These are found in all racial and socio-economic groups, and are 100 percent preventable; and
Whereas, Fetal alcohol spectrum disorders, which cause a lifetime of negative effects, are a major cause of numerous social disorders, including learning disabilities, school failure, juvenile delinquency, homelessness, unemployment, mental illness, and crime; and
Whereas, The incidence rate of fetal alcohol syndrome is estimated at 1 out of 500 live births. The incidence rate of fetal alcohol spectrum disorders is estimated at 1 out of every 100 live births; and
Whereas, The economic cost of fetal alcohol syndrome alone to the Nation was $5,400,000,000 in 2003 and it is estimated that each individual with fetal alcohol syndrome will cost United States taxpayers between $1,500,000 and $3,000,000 in his or her lifetime; and
Whereas, Bonnie Buxton of Toronto, Canada, the co-founder of the first International Fetal Alcohol Syndrome Awareness Day, asked "What if...a world full of FAS/E (Fetal Alcohol Syndrome/Effect) parents all got together on the ninth hour of the ninth day of the ninth month of the year and asked the world to remember that during the 9 months of pregnancy a woman should not consume alcohol...would the rest of the world listen?''; and
Whereas, On the ninth day of the ninth month of each year since 1999, communities around the world have observed International Fetal Alcohol Syndrome Awareness Day; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize September 9, 2005, as Fetal Alcohol Spectrum Disorders Awareness Day and the month of September 2005 as Fetal Alcohol Spectrum Disorders Awareness Month in the state of Michigan; be it further
Resolved, That we to recognize and promote awareness of the effects of prenatal exposure to alcohol and increase compassion for individuals affected by prenatal exposure to alcohol, minimize further effects of prenatal exposure to alcohol, and ensure healthier communities across Michigan, and be it further
Resolved, That copies of this resolution be transmitted to the National Organization on Fetal Alcohol Syndrome and other concerned organizations throughout the State of Michigan.
Pending the reference of the resolution to a committee,
Rep. Ward moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Spade, Gleason, Polidori, Gonzales, Miller, Bennett, Kehrl, Vagnozzi, Mayes, Sak, Gillard, Angerer, Sheltrown, Accavitti, Byrnes, Espinoza, McDowell, Kathleen Law, Anderson, Ball, Bieda, Brown, Byrum, Clack, Condino, Cushingberry, Green, Hansen, Hopgood, Kolb, David Law, Leland, Lipsey, McConico, Meisner, Murphy, Plakas, Proos, Alma Smith, Stahl, Tobocman, Waters and Zelenko offered the following resolution:
House Resolution No. 125.
A resolution to urge the Department of Management and Budget and the Department of Transportation to ensure that state vehicles use biodiesel and ethanol fuels and that flexible fuel vehicles and American made hybrids be purchased to the fullest extent possible.
Whereas, Executive agencies of the state of Michigan should be at the forefront in utilizing biodiesel and ethanol-blended fuels in diesel-powered and flexible fuel vehicles in the state's fleet. Doing so would actively demonstrate the economic and environmental benefits to be realized from utilization of renewable alternative fuels; and
Whereas, It is becoming increasingly apparent that alternative fuels, flexible fuel vehicles, and American made hybrids must be a critical component of the state's and the nation's energy supply and strategy. The world supply of crude oil is as precarious as ever and prices for gasoline and diesel fuel are reaching new highs every week. Gasoline and diesel fuel tail pipe emissions also impact human health and the environment and alternative fuels generally have less toxic air emissions; and
Whereas, Biodiesel is biodegradable and reduces air pollutants such as particulate matter, carbon monoxide, and volatile organic compounds. Biodiesel can be blended with diesel fuel to create a blend of biodiesel and regular diesel that can be used in any diesel engine. Ethanol increases octane and improves the emission quality of gasoline. Ethanol can be blended with gasoline to create E85-a blend of 85% ethanol and 15% gasoline. Vehicles that run on E85 are called flexible fuel vehicles; and
Whereas, Biodiesel and ethanol are renewable alternative fuels domestically produced primarily from soybean and corn crops. In the United States, the majority of biodiesel is made from soybean and the majority of ethanol is produced from corn, both of which are prominent crops in Michigan's agricultural sector; and
Whereas, The federal Energy Policy Act of 2005 and Executive Directive 2005-4 issued by Governor Granholm encourage and provide directives for the use of biodiesel and ethanol in the state fleet; and
Whereas, Michigan citizens will benefit from improved air quality, less dependence on foreign oil, and an investment in Michigan farmers who produce corn and soybeans, Michigan companies that process ethanol and biodiesel, and Michigan manufacturers of flexible fuel vehicles and hybrids; and
Whereas, Under Section 213 of the Management and Budget Act, 1984 PA 431, MCL §18.1213, the Department of Management and Budget may issue directives relative to motor vehicles used by all state agencies, except for motor vehicles under the jurisdiction of the Department of Transportation; now, therefore, be it
Resolved by the House of Representatives, That we urge the Department of Management and Budget and the Department of Transportation to ensure that state vehicles use biodiesel and ethanol fuels and that flexible fuel vehicles and American made hybrids be purchased to the fullest extent possible; and be it further
Resolved, That copies of this resolution be transmitted to the directors of the Department of Management and Budget and the Department of Transportation and the Governor of the State of Michigan.
The resolution was referred to the Committee on Agriculture.
Reps. Baxter, Acciavatti, Booher, Brandenburg, Caul, Farhat, Garfield, Gosselin, Green, Hansen, Huizenga, Hummel, Jones, Kooiman, Marleau, Meyer, Mortimer, Nitz, Pearce, Proos, Stahl, Taub and Vander Veen offered the following concurrent resolution:
House Concurrent Resolution No. 19.
A concurrent resolution to express opposition to any new or revised administrative rules that are more stringent than federal policies and that impede economic development and job creation.
Whereas, The economic challenges facing Michigan serve to illustrate the fact that policymakers in this state can never rest in their efforts to foster economic development and create job opportunities. Although states across the country are coping with financial difficulties and American jobs are threatened in many sectors of the economy, the fact remains that Michigan is especially vulnerable and has absorbed an inordinate portion of the nation's job losses over the past few years; and
Whereas, A key area where state policies can impact the development of the economy and job creation is the administrative process. The promulgation of rules by executive branch departments, although intended to provide necessary standards and to increase public health and safety, can sometimes impede progress and stifle interest that companies may have to locate or expand in our state; and
Whereas, Over the years, there have been many examples of administrative regulations that have hindered, rather than helped, the cause of creating jobs and promoting economic activity. This has been clearly illustrated recently in discussions at the federal and state levels on the establishment of ergonomic standards. Although the federal government no longer requires the states to set ergonomic standards, proposals have been under way in Michigan in spite of the fact that mandating ergonomic standards would put many job providers at a competitive disadvantage; and
Whereas, It is imperative that every regulation be developed in the real-world context of our state's competition for economic development and jobs. For this reason, Michigan's standards should not be more stringent than those of the federal government. All sectors of society must remember that jobs and opportunities that are lost are a threat to the economic well-being and stability of Michigan; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we express opposition to any new or revised administrative rules that are more stringent than federal policies and that impede economic development and job creation; and be it further
Resolved, That copies of this resolution be transmitted to the State Office of Administrative Hearings and Rules.
The concurrent resolution was referred to the Committee on Commerce.
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
August 5, 2005
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 10:15 A.M. this date, administrative rule (05-08-01) for the Department of Labor and Economic Growth, Public Service Commission, entitled "Telecommunication Service Quality", effective immediately upon filing with the Secretary of State.
August 22, 2005
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:34 P.M. this date, administrative rule (05-08-02) for the Department of Labor and Economic Growth, Director's Office, entitled "Construction Safety Standards- Part 16. Power Transmission and Distribution", effective immediately upon filing with the Secretary of State.
Sincerely,
Terri Lynn Land
Secretary of State
Robin Houston, Office Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
Introduction of Bills
Reps. Ball, Palsrok, Farhat, Jones, Pearce, Caswell, Sheltrown, Hune, Hildenbrand, Marleau, Taub, Casperson and Emmons introduced
House Bill No. 5144, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 40120.
The bill was read a first time by its title and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
Rep. Steil introduced
House Bill No. 5145, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 1k to chapter IX.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Espinoza, Alma Smith, McDowell, Mayes, Sheltrown, Zelenko, Gonzales, Kehrl, Spade, Bennett, Angerer, Polidori, Miller, Byrnes, Byrum, Gleason, Plakas, Kathleen Law, Accavitti, Dillon, Donigan, Condino, Gillard, Brown, Adamini and Leland introduced
House Bill No. 5146, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35d.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. McDowell, Espinoza, Mayes, Kehrl, Spade, Gillard, Bennett, Byrnes, Angerer, Byrum, Farrah, Tobocman, Alma Smith, Gleason, Bieda, Waters, Brown, Adamini, Gonzales, Zelenko, Sak, Donigan, Vagnozzi, Polidori, Leland, Kathleen Law, Plakas, Sheltrown and Dillon introduced
House Bill No. 5147, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 275.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Pavlov, Acciavatti, Jones, Booher, Palmer, Newell, Hildenbrand, Gillard and Pearce introduced
House Bill No. 5148, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11511b.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
Reps. Acciavatti, Pavlov, Booher and Palmer introduced
House Bill No. 5149, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11518 and 11701 (MCL 324.11518 and 324.11701), section 11701 as amended by 2004 PA 381.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
Reps. Sheltrown and Murphy introduced
House Bill No. 5150, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 30a (MCL 46.30a).
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Brandenburg, Wenke, Gosselin, Hoogendyk, Palmer, Garfield, Acciavatti, Ball, Nitz, Marleau, Pastor, Amos, Hansen, Drolet, Stakoe, Robertson, Hummel, Steil, Jones, Vander Veen, Hune, Gaffney, Baxter, Farhat, Pearce, Casperson, Meyer, Stahl, Stewart, Caswell, Ward, Hildenbrand and David Law introduced
House Bill No. 5151, entitled
A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and certain cities; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal acts and parts of acts," by amending section 1 (MCL 41.801), as amended by 2002 PA 501.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Mortimer and Rocca introduced
House Bill No. 5152, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7524 (MCL 333.7524), as amended by 1994 PA 8.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Mortimer, Gaffney, Hildenbrand, Hune, Rocca, Green, Acciavatti, Nitz, Jones, Caul, Schuitmaker, David Law, Drolet, Baxter, Robertson and Farhat introduced
House Bill No. 5153, entitled
A bill to clarify the rights and duties of self-defense and the defense of others; to provide for criminal and civil immunity under certain circumstances; to regulate the investigation of incidents involving self-defense or the defense of others; and to provide for certain remedies.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Hansen introduced
House Joint Resolution O, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by adding section 40 to article IX, to impose a recycling fee on certain sales transactions under certain circumstances.
The joint resolution was read a first time by its title and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
______
Rep. Hoogendyk moved that the House adjourn.
The motion prevailed, the time being 12:25 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, September 13, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives