No. 106

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Wednesday, December 7, 2005.

1:00 p.m.

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

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

Accavitti--present Emmons--present Leland--present Robertson--present

Acciavatti--present Espinoza--present Lemmons, III--excused Rocca--present

Adamini--present 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--excused 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--excused 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--present Kolb--present Pearce--present Wenke--present

DeRoche--present Kooiman--present Phillips--present Whitmer--present

Dillon--present LaJoy--present Plakas--present Williams--excused

Donigan--present Law, David--present Polidori--present Wojno--present

Drolet--present Law, Kathleen--present Proos--present Zelenko--present

Elsenheimer--present

e/d/s = entered during session

Rep. Lisa Wojno, from the 28th District, offered the following invocation:

"Father, many have or will take time today to reflect on the significance of this day, December 7th in our Nation's history.

May all of us continue to remember that each day is significant and a gift given by You ­ to us ­ to do Your work. And that when we pray and submit ourselves to Your guidance and direction, we are assured in knowing that we are honoring and glorifying Your name and carrying out Your will here on earth.

May Your angels always protect us and our families and we thank You for all past and future blessings ­ Amen!"

______

Rep. Sak moved that Reps. Cheeks, Lemmons, III, Lemmons, Jr., Murphy and Williams be excused from today's session.

The motion prevailed.

Motions and Resolutions

Rep. Hummel moved that the Committee on Appropriations be discharged from further consideration of House Bill No. 5436.

(For first notice see House Journal No. 105, p. 2410.)

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

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

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. Hummel moved that the Committee on Appropriations be discharged from further consideration of House Bill No. 5452.

(For first notice see House Journal No. 105, p. 2410.)

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

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

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.

Second Reading of Bills

House Bill No. 5436, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 11a, 20, and 22b (MCL 388.1611, 388.1611a, 388.1620, and 388.1622b), as amended by 2005 PA 155, and by adding section 99c.

The bill was read a second time.

Rep. Moolenaar moved to substitute (H-1) the bill.

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

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

The motion prevailed.

House Bill No. 5452, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 20 and 22b (MCL 388.1620 and 388.1622b), as amended by 2005 PA 155.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4982, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35d.

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

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

Rep. Condino moved to substitute (H-2) the bill.

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

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

The motion prevailed.

House Bill No. 5461, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35g.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Condino moved to substitute (H-1) the bill.

The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

The House returned to the consideration of

House Bill No. 4982, 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 considered earlier today, see today's Journal, p. 2415.)

Rep. Angerer moved to amend the bill as follows:

1. Amend page 1, line 2, after "2007" by striking out "A" and inserting "AN ELIGIBLE".

2. Amend page 1, line 4, after the second "THE" by inserting "ELIGIBLE".

3. Amend page 1, line 6, after "(2)" by striking out "A" and inserting "AN ELIGIBLE".

4. Amend page 1, line 9, after "PROPERTY," by striking out "A" and inserting "AN ELIGIBLE".

5. Amend page 2, line 9, after the first "THE" by inserting "ELIGIBLE".

6. Amend page 2, line 9, after "IF" by inserting "THE ELIGIBLE".

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

"(A) "ELIGIBLE PERSON" MEANS A PERSON THAT IS NOT 1 OF THE FOLLOWING:

(i) A BUSINESS ENTERPRISE THAT IS CURRENTLY LOCATED IN THE UNITED STATES FOR THE PURPOSE OF INDUCING THE BUSINESS TO RELOCATE OUTSIDE THE UNITED STATES.

(ii) A BUSINESS ENTERPRISE CURRENTLY LOCATED IN THIS STATE FOR THE PURPOSE OF INDUCING THE ENTERPRISE TO RELOCATE OUTSIDE THIS STATE IF THE INCENTIVE OR INDUCEMENT IS LIKELY TO REDUCE THE NUMBER OF EMPLOYEES OF THE BUSINESS ENTERPRISE IN THIS STATE.

(iii) A BUSINESS THAT CONTRIBUTES TO THE VIOLATION OF INTERNATIONALLY RECOGNIZED WORKERS RIGHTS, AS DEFINED IN SECTION 507(4) OF THE TRADE ACT OF 1974, 19 USC 2467(4), OF WORKERS IN A COUNTRY OTHER THAN THE UNITED STATES, INCLUDING ANY DESIGNATED ZONE OR AREA IN THAT COUNTRY.

(iv) A CORPORATION OR AN AFFILIATE OF THE CORPORATION INCORPORATED IN A TAX HAVEN COUNTRY AFTER SEPTEMBER 11, 2001, BUT WITH THE UNITED STATES AS THE PRINCIPAL MARKET FOR THE PUBLIC TRADING OF THE CORPORATION'S STOCK, AS DETERMINED BY THE STRATEGIC ECONOMIC INVESTMENT BOARD. AS USED IN THIS SECTION, "TAX HAVEN COUNTRY" INCLUDES A COUNTRY WITH TAX LAWS THAT FACILITATE AVOIDANCE BY A CORPORATION OR AN AFFILIATE OF THE CORPORATION OF UNITED STATES TAX OBLIGATIONS, INCLUDING BARBADOS, BERMUDA, BRITISH VIRGIN ISLANDS, CAYMAN ISLANDS, COMMONWEALTH OF THE BAHAMAS, CYPRUS, GIBRALTAR, ISLE OF MAN, THE PRINCIPALITY OF LIECHTENSTEIN, THE PRINCIPALITY OF MONACO, AND THE REPUBLIC OF THE SEYCHELLES." and relettering the remaining subdivisions.

The question being on the adoption of the amendments offered by Rep. Angerer,

Rep. Angerer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Angerer,

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

Roll Call No. 728 Yeas--47

Accavitti Cushingberry Law, Kathleen Sak

Adamini Dillon Leland Sheltrown

Anderson Donigan Lipsey Smith, Alma

Angerer Espinoza Mayes Smith, Virgil

Bennett Farrah McConico Spade

Bieda Gillard McDowell Tobocman

Brown Gleason Meisner Vagnozzi

Byrnes Gonzales Miller Waters

Byrum Hood Newell Whitmer

Clack Hopgood Phillips Wojno

Clemente Hunter Plakas Zelenko

Condino Kolb Polidori

Nays--55

Acciavatti Garfield Meyer Schuitmaker

Amos Gosselin Moolenaar Shaffer

Ball Hansen Moore Sheen

Baxter Hildenbrand Mortimer Stahl

Booher Hoogendyk Nitz Stakoe

Brandenburg Huizenga Nofs Steil

Casperson Hummel Palmer Stewart

Caswell Hune Palsrok Taub

Caul Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney Marleau Rocca

In The Chair: Kooiman

______

Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.

The motion prevailed.

Rep. Wojno moved to amend the bill as follows:

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

"(A) "ELIGIBLE PERSON" MEANS A PERSON THAT NOT LATER THAN JANUARY 1, 2006 REPORTS TO THE GOVERNOR, THE STATE TREASURER, THE CLERK OF THE HOUSE OF REPRESENTATIVES, THE SECRETARY OF THE SENATE, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE, AND THE CHAIRPERSON OF THE HOUSE OF REPRESENTATIVES TAX POLICY COMMITTEE ALL OF THE FOLLOWING:

(i) THE INCREASE OR DECREASE IN THE NUMBER OF EMPLOYEES OF THE PERSON IN THIS STATE FROM THE NUMBER IN THE IMMEDIATELY PRECEDING CALENDAR YEAR.

(ii) THE INCREASE OR DECREASE IN THE NUMBER OF EMPLOYEES OF THE PERSON OUTSIDE OF THIS STATE FROM THE NUMBER IN THE IMMEDIATELY PRECEDING CALENDAR YEAR." and relettering the remaining subdivisions.

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

Rep. Wojno demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 729 Yeas--47

Accavitti Cushingberry Kolb Sak

Adamini Dillon Law, Kathleen Sheltrown

Anderson Donigan Leland Smith, Alma

Angerer Espinoza Lipsey Smith, Virgil

Bennett Farrah Mayes Spade

Bieda Gaffney McConico Tobocman

Brown Gillard McDowell Vagnozzi

Byrnes Gleason Meisner Waters

Byrum Gonzales Miller Whitmer

Clack Hood Phillips Wojno

Clemente Hopgood Plakas Zelenko

Condino Hunter Polidori

Nays--56

Acciavatti Gosselin Meyer Rocca

Amos Green Moolenaar Schuitmaker

Ball Hansen Moore Shaffer

Baxter Hildenbrand Mortimer Sheen

Booher Hoogendyk Newell Stahl

Brandenburg Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caswell Hune Palmer Stewart

Caul Jones Palsrok Taub

Drolet Kahn Pastor Van Regenmorter

Elsenheimer Kooiman Pavlov Vander Veen

Emmons LaJoy Pearce Walker

Farhat Law, David Proos Ward

Garfield Marleau Robertson Wenke

In The Chair: Kooiman

Rep. Miller moved to amend the bill as follows:

1. Amend page 1, line 2, after "PERSON" by inserting a comma and "OTHER THAN A PERSON CONVICTED OF A VIOLATION UNDER 29 USC 1131 OR 29 USC 1132 AFTER DECEMBER 31, 1995 AND BEFORE JANUARY 1, 2007,".

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

Rep. Miller demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 730 Yeas--38

Accavitti Clemente Kolb Smith, Alma

Adamini Condino Law, Kathleen Smith, Virgil

Anderson Donigan Lipsey Spade

Angerer Espinoza McDowell Tobocman

Bennett Farrah Meisner Vagnozzi

Bieda Gillard Miller Waters

Brandenburg Gleason Polidori Whitmer

Byrnes Gonzales Sak Wojno

Byrum Hopgood Sheltrown Zelenko

Clack Hunter

Nays--37

Acciavatti Hansen Marleau Proos

Baxter Hildenbrand Meyer Robertson

Booher Huizenga Moolenaar Rocca

Casperson Hummel Moore Schuitmaker

Caswell Hune Mortimer Sheen

Caul Jones Nitz Steil

Drolet Kooiman Palsrok Walker

Elsenheimer LaJoy Pastor Ward

Gosselin Law, David Pearce Wenke

Green

In The Chair: Kooiman

Rep. Baxter 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

Pending the Third Reading of

House Bill No. 4982, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35d.

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

The motion prevailed.

Second Reading of Bills

The House returned to the consideration of

House Bill No. 5461, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35g.

(The bill was considered earlier today, see today's Journal, p. 2415.)

Rep. Angerer moved to amend the bill as follows:

1. Amend page 1, line 2, after "2009," by striking out "A" and inserting "AN ELIGIBLE".

2. Amend page 1, line 4, after the second "THE" by inserting "ELIGIBLE".

3. Amend page 1, line 6, after "(2)" by striking out "A" and inserting "AN ELIGIBLE".

4. Amend page 1, line 9, after "PROPERTY," by striking out "A" and inserting "AN ELIGIBLE".

5. Amend page 2, line 9, after the first "THE" by inserting "ELIGIBLE".

6. Amend page 2, line 9, after "IF" by inserting "THE ELIGIBLE".

7. Amend page 2, line 11, after the second "THE" by inserting "ELIGIBLE".

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

"(A) "ELIGIBLE PERSON" MEANS A PERSON THAT IS NOT 1 OF THE FOLLOWING:

(i) A BUSINESS ENTERPRISE THAT IS CURRENTLY LOCATED IN THE UNITED STATES FOR THE PURPOSE OF INDUCING THE BUSINESS TO RELOCATE OUTSIDE THE UNITED STATES.

(ii) A BUSINESS ENTERPRISE CURRENTLY LOCATED IN THIS STATE FOR THE PURPOSE OF INDUCING THE ENTERPRISE TO RELOCATE OUTSIDE THIS STATE IF THE INCENTIVE OR INDUCEMENT IS LIKELY TO REDUCE THE NUMBER OF EMPLOYEES OF THE BUSINESS ENTERPRISE IN THIS STATE.

(iii) A BUSINESS THAT CONTRIBUTES TO THE VIOLATION OF INTERNATIONALLY RECOGNIZED WORKERS RIGHTS, AS DEFINED IN SECTION 507(4) OF THE TRADE ACT OF 1974, 19 USC 2467(4), OF WORKERS IN A COUNTRY OTHER THAN THE UNITED STATES, INCLUDING ANY DESIGNATED ZONE OR AREA IN THAT COUNTRY.

(iv) A CORPORATION OR AN AFFILIATE OF THE CORPORATION INCORPORATED IN A TAX HAVEN COUNTRY AFTER SEPTEMBER 11, 2001, BUT WITH THE UNITED STATES AS THE PRINCIPAL MARKET FOR THE PUBLIC TRADING OF THE CORPORATION'S STOCK, AS DETERMINED BY THE STRATEGIC ECONOMIC INVESTMENT BOARD. AS USED IN THIS SECTION, "TAX HAVEN COUNTRY" INCLUDES A COUNTRY WITH TAX LAWS THAT FACILITATE AVOIDANCE BY A CORPORATION OR AN AFFILIATE OF THE CORPORATION OF UNITED STATES TAX OBLIGATIONS, INCLUDING BARBADOS, BERMUDA, BRITISH VIRGIN ISLANDS, CAYMAN ISLANDS, COMMONWEALTH OF THE BAHAMAS, CYPRUS, GIBRALTAR, ISLE OF MAN, THE PRINCIPALITY OF LIECHTENSTEIN, THE PRINCIPALITY OF MONACO, AND THE REPUBLIC OF THE SEYCHELLES.".

The question being on the adoption of the amendments offered by Rep. Angerer,

Rep. Angerer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Angerer,

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

Roll Call No. 731 Yeas--46

Accavitti Cushingberry Law, Kathleen Sak

Adamini Dillon Leland Sheltrown

Anderson Donigan Lipsey Smith, Alma

Angerer Espinoza Mayes Smith, Virgil

Bennett Farrah McConico Spade

Bieda Gillard McDowell Tobocman

Brown Gleason Meisner Vagnozzi

Byrnes Gonzales Miller Waters

Byrum Hood Phillips Whitmer

Clack Hopgood Plakas Wojno

Clemente Hunter Polidori Zelenko

Condino Kolb

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

Rep. Wojno moved to amend the bill as follows:

1. Amend page 2, following line 19, by inserting:

"(A) "ELIGIBLE PERSON" MEANS A PERSON THAT NOT LATER THAN JANUARY 1, 2008 REPORTS TO THE GOVERNOR, THE STATE TREASURER, THE CLERK OF THE HOUSE OF REPRESENTATIVES, THE SECRETARY OF THE SENATE, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE, AND THE CHAIRPERSON OF THE HOUSE OF REPRESENTATIVES TAX POLICY COMMITTEE ALL OF THE FOLLOWING:

(i) THE INCREASE OR DECREASE IN THE NUMBER OF EMPLOYEES OF THE PERSON IN THIS STATE FROM THE NUMBER IN THE IMMEDIATELY PRECEDING CALENDAR YEAR.

(ii) THE INCREASE OR DECREASE IN THE NUMBER OF EMPLOYEES OF THE PERSON OUTSIDE OF THIS STATE FROM THE NUMBER IN THE IMMEDIATELY PRECEDING CALENDAR YEAR." and relettering the remaining subdivisions.

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

Rep. Wojno demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 732 Yeas--46

Accavitti Cushingberry Law, Kathleen Sak

Adamini Dillon Leland Sheltrown

Anderson Donigan Lipsey Smith, Alma

Angerer Espinoza Mayes Smith, Virgil

Bennett Farrah McConico Spade

Bieda Gillard McDowell Tobocman

Brown Gleason Meisner Vagnozzi

Byrnes Gonzales Miller Waters

Byrum Hood Phillips Whitmer

Clack Hopgood Plakas Wojno

Clemente Hunter Polidori Zelenko

Condino Kolb

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

Rep. Miller moved to amend the bill as follows:

1. Amend page 1, line 2, after "PERSON" by inserting a comma and "OTHER THAN A PERSON CONVICTED OF A VIOLATION UNDER 29 USC 1131 OR 29 USC 1132 AFTER DECEMBER 31, 1997 AND BEFORE JANUARY 1, 2009,".

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

Rep. Miller demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 733 Yeas--45

Accavitti Condino Law, Kathleen Sak

Adamini Cushingberry Leland Sheltrown

Anderson Dillon Lipsey Smith, Alma

Angerer Donigan Mayes Smith, Virgil

Bennett Espinoza McConico Spade

Bieda Farrah McDowell Tobocman

Brandenburg Gillard Meisner Vagnozzi

Brown Gonzales Miller Waters

Byrnes Hood Phillips Whitmer

Byrum Hopgood Plakas Wojno

Clack Hunter Polidori Zelenko

Clemente

Nays--45

Acciavatti Gosselin Marleau Proos

Baxter Green Meyer Robertson

Booher Hansen Moolenaar Rocca

Casperson Hildenbrand Moore Schuitmaker

Caswell Hoogendyk Mortimer Shaffer

Caul Huizenga Newell Sheen

Drolet Hummel Nitz Stakoe

Elsenheimer Hune Palmer Steil

Emmons Jones Pastor Vander Veen

Farhat Kooiman Pavlov Walker

Gaffney LaJoy Pearce Wenke

Garfield

In The Chair: Kooiman

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

The motion prevailed.

House Bill No. 5459, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35j.

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. Condino moved to amend the bill as follows:

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

"Sec. 45a. (1) Except as provided in subsection (2) and for tax years beginning after December 31, 1998 AND BEFORE JANUARY 1, 2006, all of the tax base, other than the tax base derived principally from transportation, financial, or insurance carrier services or specifically allocated, shall be apportioned to this state by multiplying the tax base by a percentage, which is the sum of all of the following percentages:

(a) The property factor multiplied by 5%.

(b) The payroll factor multiplied by 5%.

(c) The sales factor multiplied by 90%.

(2) For tax years beginning after December 31, 1998 and before January 1, 2000 if section 23(e) is not in effect, all of the tax base, other than the tax base derived principally from transportation, financial, or insurance carrier services or specifically allocated, shall be apportioned to this state by multiplying the tax base by a percentage, which is the sum of all of the following percentages:

(a) The property factor multiplied by 15%.

(b) The payroll factor multiplied by 15%.

(c) The sales factor multiplied by 70%.

(3) FOR TAX YEARS BEGINNING AFTER DECEMBER 31, 2005, ALL OF THE TAX BASE, OTHER THAN THE TAX BASE DERIVED PRINCIPALLY FROM TRANSPORTATION, FINANCIAL, OR INSURANCE CARRIER SERVICES OR SPECIFICALLY ALLOCATED, SHALL BE APPORTIONED TO THIS STATE BY MULTIPLYING THE TAX BASE BY A PERCENTAGE, WHICH IS THE SUM OF ALL OF THE FOLLOWING PERCENTAGES:

(A) THE PROPERTY FACTOR MULTIPLIED BY 2.5%.

(B) THE PAYROLL FACTOR MULTIPLIED BY 2.5%.

(C) THE SALES FACTOR MULTIPLIED BY 95%.

(4)(3) For purposes of this section, a taxpayer that has a 52- or 53-week tax year beginning not more than 7 days before December 31 of any year is considered to have a tax year beginning after December 31 of that year.".

2. Amend page 3, following line 22, by inserting:

"Enacting section 2. Enacting section 1 of 2005 PA 229 is repealed.".

The question being on the adoption of the amendments offered by Rep. Condino,

Rep. Condino demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Condino,

Point of Order

Rep. Ward requested a ruling from the Chair regarding the germaneness of the amendment offered by Rep. Condino.

The Chair ruled that the amendments are not germane pursuant to House Rule 64.

Rep. Waters appealed the decision of the Chair.

The question being, "Shall the judgment of the Chair stand as the judgment of the House?"

The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 734 Yeas--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

Nays--45

Accavitti Dillon Law, Kathleen Sak

Adamini Donigan Leland Sheltrown

Anderson Espinoza Lipsey Smith, Alma

Angerer Farrah Mayes Smith, Virgil

Bennett Gillard McConico Spade

Bieda Gleason McDowell Tobocman

Brown Gonzales Meisner Vagnozzi

Byrnes Hood Miller Waters

Byrum Hopgood Phillips Whitmer

Clemente Hunter Plakas Wojno

Condino Kolb Polidori Zelenko

Cushingberry

In The Chair: Kooiman

______

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

The motion prevailed.

Rep. Alma Smith moved to amend the bill as follows:

1. Amend page 2, line 21, by striking out "TRANSFERRED".

2. Amend page 2, line 21, after "JOBS" by inserting "INCLUDING TRANSFERRED JOBS".

3. Amend page 2, line 22, after "CLAIMED" by striking out "THE FOLLOWING PERCENTAGE" and inserting "UNLESS A BUSINESS CAN AFFIRMATIVELY DEMONSTRATE TO THE STATE TREASURER THAT ANY REDUCTION IN EMPLOYMENT IS A DIRECT RESULT OF A LOSS OF BUSINESS BY THE EMPLOYER, 100%".

4. Amend page 2, line 24, after "TAXPAYER" by inserting a period and striking out the balance of the subsection.

The question being on the adoption of the amendments offered by Rep. Alma Smith,

Rep. Alma Smith demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Alma Smith,

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

Roll Call No. 735 Yeas--45

Accavitti Dillon Law, Kathleen Sak

Adamini Donigan Leland Sheltrown

Anderson Espinoza Lipsey Smith, Alma

Angerer Farrah Mayes Smith, Virgil

Bennett Gillard McConico Spade

Bieda Gleason McDowell Tobocman

Brown Gonzales Meisner Vagnozzi

Byrnes Hood Miller Waters

Byrum Hopgood Phillips Whitmer

Clemente Hunter Plakas Wojno

Condino Kolb Polidori Zelenko

Cushingberry

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

Rep. Moore 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

Pending the Third Reading of

House Bill No. 5459, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35j.

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

The motion prevailed.

Second Reading of Bills

House Bill No. 5460, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35h.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Condino moved to substitute (H-1) the bill.

The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Angerer moved to amend the bill as follows:

1. Amend page 1, line 2, after "2010," by striking out "A" and inserting "AN ELIGIBLE".

2. Amend page 1, line 4, after the second "THE" by inserting "ELIGIBLE".

3. Amend page 1, line 6, after "(2)" by striking out "A" and inserting "AN ELIGIBLE".

4. Amend page 1, line 9, after "PROPERTY," by striking out "A" and inserting "AN ELIGIBLE".

5. Amend page 2, line 9, after the first "THE" by inserting "ELIGIBLE".

6. Amend page 2, line 9, after the second "THE" by inserting "ELIGIBLE".

7. Amend page 2, line 11, after the second "THE" by inserting "ELIGIBLE".

8. Amend page 2, following line 19, by inserting:

"(A) "ELIGIBLE PERSON" MEANS A PERSON THAT IS NOT 1 OF THE FOLLOWING:

(i) A BUSINESS ENTERPRISE THAT IS CURRENTLY LOCATED IN THE UNITED STATES FOR THE PURPOSE OF INDUCING THE BUSINESS TO RELOCATE OUTSIDE THE UNITED STATES.

(ii) A BUSINESS ENTERPRISE CURRENTLY LOCATED IN THIS STATE FOR THE PURPOSE OF INDUCING THE ENTERPRISE TO RELOCATE OUTSIDE THIS STATE IF THE INCENTIVE OR INDUCEMENT IS LIKELY TO REDUCE THE NUMBER OF EMPLOYEES OF THE BUSINESS ENTERPRISE IN THIS STATE.

(iii) A BUSINESS THAT CONTRIBUTES TO THE VIOLATION OF INTERNATIONALLY RECOGNIZED WORKERS RIGHTS, AS DEFINED IN SECTION 507(4) OF THE TRADE ACT OF 1974, 19 USC 2467(4), OF WORKERS IN A COUNTRY OTHER THAN THE UNITED STATES, INCLUDING ANY DESIGNATED ZONE OR AREA IN THAT COUNTRY.

(iv) A CORPORATION OR AN AFFILIATE OF THE CORPORATION INCORPORATED IN A TAX HAVEN COUNTRY AFTER SEPTEMBER 11, 2001, BUT WITH THE UNITED STATES AS THE PRINCIPAL MARKET FOR THE PUBLIC TRADING OF THE CORPORATION'S STOCK, AS DETERMINED BY THE STRATEGIC ECONOMIC INVESTMENT BOARD. AS USED IN THIS SECTION, "TAX HAVEN COUNTRY" INCLUDES A COUNTRY WITH TAX LAWS THAT FACILITATE AVOIDANCE BY A CORPORATION OR AN AFFILIATE OF THE CORPORATION OF UNITED STATES TAX OBLIGATIONS, INCLUDING BARBADOS, BERMUDA, BRITISH VIRGIN ISLANDS, CAYMAN ISLANDS, COMMONWEALTH OF THE BAHAMAS, CYPRUS, GIBRALTAR, ISLE OF MAN, THE PRINCIPALITY OF LIECHTENSTEIN, THE PRINCIPALITY OF MONACO, AND THE REPUBLIC OF THE SEYCHELLES." and relettering the remaining subdivisions.

The question being on the adoption of the amendments offered by Rep. Angerer,

Rep. Angerer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Angerer,

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

Roll Call No. 736 Yeas--46

Accavitti Cushingberry Law, Kathleen Sak

Adamini Dillon Leland Sheltrown

Anderson Donigan Lipsey Smith, Alma

Angerer Espinoza Mayes Smith, Virgil

Bennett Farrah McConico Spade

Bieda Gillard McDowell Tobocman

Brandenburg Gleason Meisner Vagnozzi

Brown Gonzales Miller Waters

Byrnes Hood Phillips Whitmer

Byrum Hopgood Plakas Wojno

Clemente Hunter Polidori Zelenko

Condino Kolb

Nays--55

Acciavatti Gosselin Moolenaar Schuitmaker

Amos Hansen Moore Shaffer

Baxter Hildenbrand Mortimer Sheen

Booher Hoogendyk Newell Stahl

Casperson Huizenga Nitz Stakoe

Caswell Hummel Nofs Steil

Caul Hune Palmer Stewart

DeRoche Jones Palsrok Taub

Drolet Kahn Pastor Van Regenmorter

Elsenheimer Kooiman Pavlov Vander Veen

Emmons LaJoy Pearce Walker

Farhat Law, David Proos Ward

Gaffney Marleau Robertson Wenke

Garfield Meyer Rocca

In The Chair: Kooiman

Rep. Wojno moved to amend the bill as follows:

1. Amend page 2, following line 19, by inserting:

"(A) "ELIGIBLE PERSON" MEANS A PERSON THAT NOT LATER THAN JANUARY 1, 2009 REPORTS TO THE GOVERNOR, THE STATE TREASURER, THE CLERK OF THE HOUSE OF REPRESENTATIVES, THE SECRETARY OF THE SENATE, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE, AND THE CHAIRPERSON OF THE HOUSE OF REPRESENTATIVES TAX POLICY COMMITTEE ALL OF THE FOLLOWING:

(i) THE INCREASE OR DECREASE IN THE NUMBER OF EMPLOYEES OF THE PERSON IN THIS STATE FROM THE NUMBER IN THE IMMEDIATELY PRECEDING CALENDAR YEAR.

(ii) THE INCREASE OR DECREASE IN THE NUMBER OF EMPLOYEES OF THE PERSON OUTSIDE OF THIS STATE FROM THE NUMBER IN THE IMMEDIATELY PRECEDING CALENDAR YEAR." and relettering the remaining subdivisions.

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

Rep. Wojno demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 737 Yeas--45

Accavitti Dillon Law, Kathleen Sak

Adamini Donigan Leland Sheltrown

Anderson Espinoza Lipsey Smith, Alma

Angerer Farrah Mayes Smith, Virgil

Bennett Gillard McConico Spade

Bieda Gleason McDowell Tobocman

Brown Gonzales Meisner Vagnozzi

Byrnes Hood Miller Waters

Byrum Hopgood Phillips Whitmer

Clemente Hunter Plakas Wojno

Condino Kolb Polidori Zelenko

Cushingberry

Nays--57

Acciavatti Gosselin Meyer Rocca

Amos Green Moolenaar Schuitmaker

Baxter Hansen Moore Shaffer

Booher Hildenbrand Mortimer Sheen

Brandenburg Hoogendyk Newell Stahl

Casperson Huizenga Nitz Stakoe

Caswell Hummel Nofs Steil

Caul Hune Palmer Stewart

DeRoche Jones Palsrok Taub

Drolet Kahn Pastor Van Regenmorter

Elsenheimer Kooiman Pavlov Vander Veen

Emmons LaJoy Pearce Walker

Farhat Law, David Proos Ward

Gaffney Marleau Robertson Wenke

Garfield

In The Chair: Kooiman

Rep. Miller moved to amend the bill as follows:

1. Amend page 1, line 2, after "PERSON" by inserting a comma and "OTHER THAN A PERSON CONVICTED OF A VIOLATION UNDER 29 USC 1131 OR 29 USC 1132 AFTER DECEMBER 31, 1998 AND BEFORE JANUARY 1, 2010,".

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

Rep. Miller demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 738 Yeas--50

Accavitti Condino Law, Kathleen Polidori

Adamini Cushingberry Leland Sak

Anderson Donigan Lipsey Sheltrown

Angerer Espinoza Marleau Smith, Alma

Baxter Farhat Mayes Smith, Virgil

Bennett Farrah McConico Spade

Bieda Gillard McDowell Tobocman

Brandenburg Gleason Meisner Vagnozzi

Brown Hood Miller Waters

Byrnes Hopgood Moore Whitmer

Byrum Hunter Phillips Wojno

Casperson Kolb Plakas Zelenko

Clemente Law, David

Nays--42

Acciavatti Hansen Newell Schuitmaker

Amos Hildenbrand Nitz Shaffer

Booher Hoogendyk Palmer Sheen

Caswell Hummel Palsrok Stakoe

Caul Hune Pastor Steil

Elsenheimer Jones Pavlov Stewart

Emmons Kooiman Pearce Taub

Gaffney LaJoy Proos Vander Veen

Garfield Meyer Robertson Walker

Gosselin Moolenaar Rocca Ward

Green Mortimer

In The Chair: Kooiman

Rep. Condino moved to amend the bill as follows:

1. Amend page 3, following line 25, by inserting:

"Enacting section 2. Enacting section 1 of 2005 PA 229 and enacting section 1 of 2005 PA 223 are repealed.".

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

Rep. Condino demanded the yeas and nays.

The demand was supported.

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4982, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35d.

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

Roll Call No. 739 Yeas--101

Accavitti Espinoza Law, Kathleen Robertson

Acciavatti Farhat Leland Rocca

Adamini Farrah Lipsey Sak

Amos Gaffney Marleau Schuitmaker

Anderson Garfield Mayes Shaffer

Angerer Gillard McConico Sheen

Ball Gleason McDowell Sheltrown

Baxter 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 Newell Taub

Casperson Hopgood Nitz Tobocman

Caswell Huizenga Nofs Vagnozzi

Caul Hummel Palmer Van Regenmorter

Clemente Hune Palsrok Vander Veen

Condino Hunter Pastor Walker

Cushingberry Jones Pavlov Ward

DeRoche Kahn Pearce Waters

Dillon Kolb Phillips Wenke

Donigan Kooiman Plakas Whitmer

Drolet LaJoy Polidori Wojno

Elsenheimer Law, David Proos Zelenko

Emmons

Nays--2

Bennett Smith, Alma

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. 5459, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35j.

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

Roll Call No. 740 Yeas--94

Accavitti Emmons Leland Proos

Acciavatti Espinoza Lipsey Robertson

Adamini Farhat Marleau Rocca

Amos Farrah Mayes Sak

Anderson Gaffney McConico Schuitmaker

Angerer Garfield McDowell Shaffer

Ball Gillard Meisner Sheen

Baxter Gosselin Meyer Sheltrown

Bieda Green Miller Spade

Booher Hansen Moolenaar Stahl

Brandenburg Hildenbrand Moore Stakoe

Brown Hoogendyk Mortimer Steil

Byrnes Hopgood Newell Stewart

Byrum Huizenga Nitz Taub

Casperson Hummel Nofs Tobocman

Caswell Hune Palmer Vagnozzi

Caul Hunter Palsrok Van Regenmorter

Clemente Jones Pastor Vander Veen

Condino Kahn Pavlov Walker

DeRoche Kolb Pearce Ward

Dillon Kooiman Phillips Wenke

Donigan LaJoy Plakas Whitmer

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen

Nays--9

Bennett Gonzales Smith, Alma Waters

Cushingberry Hood Smith, Virgil Zelenko

Gleason

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. Alma Smith, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on this bill and the others in the single business tax cut package (HBs 5364, 4982, 5459, 5460, 5461) because we are only doing half the job. We are giving tax relief to businesses but shifting their responsibility to individuals, families and communities because we are failing to address the revenue side of this equation. The cuts in this package will amount to half a billion dollars of lost revenue before the entire single business tax is scheduled to phase out in 2009. Michigan families will see tuitions continue their sharp rise, doctors will see zero increases in the Medicaid reimbursement and, probably, further reductions in those reimbursements which will lead to physician withdrawal from participation in the system, further stricture of access for vulnerable people to health care and increased reliance on the state's emergency rooms - the most expensive health care venue in the state. Families with senior relatives in nursing homes will see increased costs and our ability to meet our state responsibilities across the board will be greatly impacted. Do we want diversified and healthy businesses in Michigan? Yes. Do we want more jobs in Michigan? Yes. Do we want those new businesses and jobs at a price that makes us less able to meet the demand for healthy, educated, high skilled workers to take those newly created jobs? I don't, for a minute, believe that the answer to that question should be yes."

Rep. Ward moved that House Bill No. 5461 be placed on its immediate passage.

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

House Bill No. 5461, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35g.

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

Roll Call No. 741 Yeas--97

Accavitti Espinoza Leland Robertson

Acciavatti Farhat Lipsey Rocca

Adamini Farrah Marleau Sak

Amos Gaffney Mayes Schuitmaker

Anderson Garfield McConico Shaffer

Angerer Gillard McDowell Sheen

Ball Gonzales Meisner Sheltrown

Baxter Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hoogendyk Mortimer Stewart

Byrnes Hopgood Newell Taub

Byrum Huizenga Nitz Tobocman

Casperson Hummel Nofs Vagnozzi

Caswell Hune Palmer Van Regenmorter

Caul Hunter Palsrok Vander Veen

Clemente Jones Pastor Walker

Condino Kahn Pavlov Ward

DeRoche Kolb Pearce Waters

Dillon Kooiman Phillips Wenke

Donigan LaJoy Plakas Whitmer

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons

Nays--6

Bennett Gleason Smith, Alma Smith, Virgil

Cushingberry Hood

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.

Second Reading of Bills

House Bill No. 4460, entitled

A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending the title and section 19 (MCL 29.19), the title as amended by 1984 PA 314 and section 19 as amended by 1998 PA 45.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Senate Bill No. 161, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82119 (MCL 324.82119), as added by 1995 PA 58.

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. 5418, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending section 9 (MCL 52.209), as added by 2005 PA 176.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 88, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 3515, 3517, 3519, 3523, 3529, 3533, 3539, and 3571 (MCL 500.3515, 500.3517, 500.3519, 500.3523, 500.3529, 500.3533, 500.3539, and 500.3571), sections 3515 and 3519 as amended by 2002 PA 621, sections 3517, 3533, 3539, and 3571 as added by 2000 PA 252, and sections 3523 and 3529 as amended by 2002 PA 304.

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. 380, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17820 and 17822 (MCL 333.17820 and 333.17822), section 17820 as amended and section 17822 as added by 1987 PA 213.

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. 5061, entitled

A bill to amend 1976 PA 390, entitled "Emergency management act," by amending section 6 (MCL 30.406), as amended by 1990 PA 50.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Steil moved to amend the bill as follows:

1. Amend page 3, line 12, after "ASSISTANCE." by inserting "HOWEVER, THE STATE SHALL RECOVER PAYMENT FOR PAID DISASTER LEAVE FROM AN EMPLOYEE WHO IS GRANTED PAID LEAVE UNDER SUBSECTION (3) IF THE EMPLOYEE DOES NOT USE THE LEAVE TIME FOR THE APPROVED PURPOSE.".

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

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

The motion prevailed.

Senate Bill No. 448, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 226, 303d, 410, 810, 859, 871, 1105, 1701, 8321, 8322, 8344, 8507, and 8611 (MCL 600.226, 600.303d, 600.410, 600.810, 600.859, 600.871, 600.1105, 600.1701, 600.8321, 600.8322, 600.8344, 600.8507, and 600.8611), section 226 as amended by 1990 PA 185, section 303d as amended by 2004 PA 448, section 410 as added by 2002 PA 678, sections 859, 1105, and 8611 as amended by 1986 PA 308, section 1701 as amended by 1987 PA 99, section 8322 as amended by 1996 PA 388, section 8344 as amended by 1992 PA 192, and section 8507 as amended by 1994 PA 5, and by adding sections 411 and 8808; and to repeal acts and parts of acts.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Van Regenmorter moved to amend the bill as follows:

1. Amend page 2, following line 23, by inserting:

"Sec. 321. (1) The following fees shall be paid to the clerk of the court of appeals and may be taxed as costs where costs are allowed by order of the court:

(a) The sum of $375.00 for an appeal as of right, for an application for leave to appeal, or for an original proceeding. This fee shall be paid only once for appeals that are taken by multiple parties from the same lower court order or judgment and can be consolidated.

(b) Upon the entry of any motion except a motion described in subdivision (c) upon the motion docket, the sum of $100.00. Beginning October 1, 2007, the fee required under this subdivision is $75.00.

(c) Upon the entry of a motion for immediate consideration or a motion to expedite appeal upon the motion docket, the sum of $200.00. This fee shall be paid only once regardless of the number of lower court files involved in the appeal. A prosecuting attorney is exempt from paying a fee under this subdivision when filing a motion for immediate consideration or a motion to expedite appeal with regard to an appeal arising out of a criminal proceeding. Beginning October 1, 2007, the fee required under this subdivision is $150.00.

(2) The clerk of the court of appeals shall be allowed the sum of 50 cents per page for certified copies of entries or papers in any action or proceedings when required for any other purpose than one connected with the progress or disposition of the action or proceeding.

(3) The clerk shall charge the sum of 50 cents per page for all uncertified copies of opinions, except those sent to
1 counsel representing each party in the case, for which no charge shall be made.

(4) If a person is unable to pay the fees required by this section, the person, by motion, accompanied by the person's affidavit stating facts showing that inability, may ask the court to waive the fees and the court or a judge of the court may waive payment of the fees.

(5) Each month the clerk of the court of appeals shall deposit with the state treasurer all fees collected, securing and filing a receipt for the fees deposited.

(6) Costs shall be awarded in the discretion of the court.

(7) Upon appeal to the court of appeals, there shall be paid to the clerk of the trial court the sum of $10.00 as an appeal fee.".

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

Rep. Van Regenmorter moved to amend the bill as follows:

1. Amend page 16, line 21, after "A" by striking out "LOCAL" and inserting "DISTRICT".

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. 778, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2521 (MCL 324.2521), as added by 1999 PA 195.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5471, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 2 (MCL 125.2652), as amended by 2005 PA 101.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Hildenbrand moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Hildenbrand 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. 5471, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 2 (MCL 125.2652), as amended by 2005 PA 101.

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

Roll Call No. 742 Yeas--101

Accavitti Espinoza Law, Kathleen Robertson

Acciavatti Farhat Leland Rocca

Adamini Farrah Lipsey Sak

Amos Gaffney Marleau Schuitmaker

Anderson Garfield Mayes Shaffer

Angerer Gillard McConico Sheen

Ball Gleason McDowell Sheltrown

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Newell Taub

Byrum Hopgood Nitz Tobocman

Casperson Huizenga Nofs Vagnozzi

Caswell Hummel Palmer Van Regenmorter

Caul Hune Palsrok Vander Veen

Clemente Hunter Pastor Walker

Condino Jones Pavlov Ward

Cushingberry Kahn Pearce Waters

DeRoche Kolb Phillips Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Wojno

Elsenheimer Law, David Proos Zelenko

Emmons

Nays--2

Drolet Smith, Alma

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 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 2, 13, and 15 (MCL 125.2652, 125.2663, and 125.2665), as amended by 2005 PA 101.

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.

Second Reading of Bills

House Bill No. 5364, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 53a and 53b (MCL 211.53a and 211.53b), section 53b as amended by 2003 PA 105, and by adding section 27e.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Green 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. 5364, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 53a and 53b (MCL 211.53a and 211.53b), section 53b as amended by 2003 PA 105, and by adding section 27e.

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

Roll Call No. 743 Yeas--80

Acciavatti Emmons Marleau Rocca

Adamini Espinoza Mayes Sak

Amos Farhat McDowell Schuitmaker

Anderson Gaffney Meyer Shaffer

Angerer Garfield Moolenaar Sheen

Ball Gosselin Moore Sheltrown

Baxter Green Mortimer Spade

Booher Hansen Newell Stahl

Brandenburg Hildenbrand Nitz Stakoe

Brown Hoogendyk Nofs Steil

Byrnes Huizenga Palmer Stewart

Byrum Hummel Palsrok Taub

Casperson Hune Pastor Van Regenmorter

Caswell Jones Pavlov Vander Veen

Caul Kahn Pearce Walker

Clemente Kolb Phillips Ward

DeRoche Kooiman Plakas Waters

Donigan LaJoy Polidori Wenke

Drolet Law, David Proos Whitmer

Elsenheimer Leland Robertson Wojno

Nays--23

Accavitti Farrah Hunter Smith, Alma

Bennett Gillard Law, Kathleen Smith, Virgil

Bieda Gleason Lipsey Tobocman

Condino Gonzales McConico Vagnozzi

Cushingberry Hood Meisner Zelenko

Dillon Hopgood Miller

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 Local Government and Urban Policy, by Rep. Stakoe, Chair, reported

House Bill No. 5480, entitled

A bill to amend 1985 PA 106, entitled "State convention facility development act," by amending section 9 (MCL 207.629), as amended by 2004 PA 386.

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. Stakoe, Elsenheimer, Robertson, Nitz, Baxter, Schuitmaker, Tobocman, Accavitti and Donigan

Nays: Rep. Van Regenmorter

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stakoe, Chair, of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Wednesday, December 7, 2005

Present: Reps. Stakoe, Elsenheimer, Van Regenmorter, Robertson, Nitz, Baxter, Schuitmaker, Tobocman, Accavitti, Donigan and Vagnozzi

Second Reading of Bills

The House returned to the consideration of

Senate Bill No. 778, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2521 (MCL 324.2521), as added by 1999 PA 195.

(The bill was considered earlier today, see today's Journal, p. 2433.)

Rep. Gillard moved to amend the bill as follows:

1. Amend page 2, line 3, after "resources." by striking out the balance of the line through "year." on line 6 and inserting "THE REPORT SHALL BE SUBMITTED NOT LATER THAN OCTOBER 1, 2008 AND EVERY THIRD YEAR THEREAFTER.".

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.

House Bill No. 5480, entitled

A bill to amend 1985 PA 106, entitled "State convention facility development act," by amending section 9 (MCL 207.629), as amended by 2004 PA 386.

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

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

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

The motion prevailed.

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. 5480, entitled

A bill to amend 1985 PA 106, entitled "State convention facility development act," by amending section 9 (MCL 207.629), as amended by 2004 PA 386.

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

Roll Call No. 744 Yeas--98

Accavitti Emmons Marleau Sak

Acciavatti Espinoza Mayes Schuitmaker

Adamini Farhat McConico Shaffer

Amos Farrah McDowell Sheen

Anderson Gaffney Meisner Sheltrown

Angerer Gillard Meyer Smith, Alma

Ball Gleason Miller Smith, Virgil

Baxter Gonzales Moolenaar Spade

Bennett Green Moore Stahl

Bieda Hansen Mortimer Stakoe

Booher Hildenbrand Newell Steil

Brandenburg Hood Nitz Stewart

Brown Hopgood Nofs Taub

Byrnes Huizenga Palmer Tobocman

Byrum Hummel Palsrok Vagnozzi

Casperson Hunter Pastor Van Regenmorter

Caswell Jones Pavlov Vander Veen

Caul Kahn Pearce Walker

Clemente Kolb Phillips Ward

Condino Kooiman Plakas Waters

Cushingberry LaJoy Polidori Wenke

DeRoche Law, David Proos Whitmer

Dillon Law, Kathleen Robertson Wojno

Donigan Leland Rocca Zelenko

Elsenheimer Lipsey

Nays--5

Drolet Gosselin Hoogendyk Hune

Garfield

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. Waters, McConico, Stewart, Zelenko, Kolb, Lipsey, Kooiman, Hunter, Tobocman, Farrah, Pastor, Hopgood, Acciavatti, Condino, DeRoche, Accavitti, Gleason, Shaffer, Nofs, Byrum, Sak, Huizenga, Moolenaar, Gillard, Dillon, Ball, Booher, Clemente, Gonzales, Hansen, Kahn, Leland, Mayes, Miller, Moore, Polidori, Sheltrown and Hood were named co-sponsors of the bill.

House Bill No. 4721, entitled

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

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

Roll Call No. 745 Yeas--100

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lipsey Sak

Amos Farhat Marleau Schuitmaker

Anderson Farrah Mayes Shaffer

Angerer Gaffney McConico Sheen

Ball Garfield McDowell Sheltrown

Baxter Gillard Meisner Smith, Alma

Bennett Gleason Meyer Smith, Virgil

Bieda Gonzales Miller Spade

Booher Gosselin Moolenaar Stahl

Brandenburg Green Moore Stakoe

Brown Hansen Mortimer Steil

Byrnes Hildenbrand Newell Stewart

Byrum Hood Nitz Taub

Casperson Hopgood Nofs Vagnozzi

Caswell Huizenga Palmer Van Regenmorter

Caul Hune Palsrok Vander Veen

Clemente Hunter Pastor Walker

Condino Jones Pavlov Ward

Cushingberry Kahn Pearce Waters

DeRoche Kolb Phillips Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Wojno

Drolet Law, David Proos Zelenko

Nays--3

Hoogendyk Hummel Tobocman

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. Ward moved that House Bill No. 4460 be placed on its immediate passage.

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

House Bill No. 4460, entitled

A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending the title and section 19 (MCL 29.19), the title as amended by 1984 PA 314 and section 19 as amended by 1998 PA 45.

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

Roll Call No. 746 Yeas--95

Accavitti Drolet Law, Kathleen Robertson

Acciavatti Elsenheimer Leland Rocca

Adamini Emmons Lipsey Sak

Amos Espinoza Marleau Schuitmaker

Anderson Farhat Mayes Shaffer

Angerer Farrah McConico Sheen

Ball Gaffney McDowell Smith, Virgil

Baxter Gillard Meisner Spade

Bennett Gleason Meyer Stahl

Bieda Gonzales Miller Stakoe

Booher Gosselin Moolenaar Steil

Brandenburg Green Moore Stewart

Brown Hansen Mortimer Taub

Byrnes Hildenbrand Newell Tobocman

Byrum Hopgood Nitz Van Regenmorter

Casperson Huizenga Nofs Vander Veen

Caswell Hummel Palmer Walker

Caul Hune Palsrok Ward

Clemente Jones Pastor Waters

Condino Kahn Pavlov Wenke

Cushingberry Kolb Pearce Whitmer

DeRoche Kooiman Phillips Wojno

Dillon LaJoy Plakas Zelenko

Donigan Law, David Proos

Nays--8

Garfield Hoogendyk Polidori Smith, Alma

Hood Hunter Sheltrown Vagnozzi

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. Ward moved that Senate Bill No. 161 be placed on its immediate passage.

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

Senate Bill No. 161, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82119 (MCL 324.82119), as added by 1995 PA 58.

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

Roll Call No. 747 Yeas--103

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Leland Sak

Adamini Farhat Lipsey Schuitmaker

Amos Farrah Marleau Shaffer

Anderson Gaffney Mayes Sheen

Angerer Garfield McConico Sheltrown

Ball Gillard McDowell Smith, Alma

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Gosselin Miller Stahl

Booher Green Moolenaar Stakoe

Brandenburg Hansen Moore Steil

Brown Hildenbrand Mortimer Stewart

Byrnes Hood Newell Taub

Byrum Hoogendyk Nitz Tobocman

Casperson Hopgood Nofs Vagnozzi

Caswell Huizenga Palmer Van Regenmorter

Caul Hummel Palsrok Vander Veen

Clemente Hune Pastor Walker

Condino Hunter Pavlov Ward

Cushingberry Jones Pearce Waters

DeRoche Kahn Phillips Wenke

Dillon Kolb Plakas Whitmer

Donigan Kooiman Polidori Wojno

Drolet LaJoy Proos Zelenko

Elsenheimer Law, David Robertson

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.

Rep. Ward moved that House Bill No. 5418 be placed on its immediate passage.

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

House Bill No. 5418, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending section 9 (MCL 52.209), as added by 2005 PA 176.

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

Roll Call No. 748 Yeas--103

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Leland Sak

Adamini Farhat Lipsey Schuitmaker

Amos Farrah Marleau Shaffer

Anderson Gaffney Mayes Sheen

Angerer Garfield McConico Sheltrown

Ball Gillard McDowell Smith, Alma

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Gosselin Miller Stahl

Booher Green Moolenaar Stakoe

Brandenburg Hansen Moore Steil

Brown Hildenbrand Mortimer Stewart

Byrnes Hood Newell Taub

Byrum Hoogendyk Nitz Tobocman

Casperson Hopgood Nofs Vagnozzi

Caswell Huizenga Palmer Van Regenmorter

Caul Hummel Palsrok Vander Veen

Clemente Hune Pastor Walker

Condino Hunter Pavlov Ward

Cushingberry Jones Pearce Waters

DeRoche Kahn Phillips Wenke

Dillon Kolb Plakas Whitmer

Donigan Kooiman Polidori Wojno

Drolet LaJoy Proos Zelenko

Elsenheimer Law, David Robertson

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. Waters, McConico, Anderson, Stewart, Phillips, Zelenko, Kolb, Lipsey, Kooiman, Meyer, Vander Veen, Adamini, Brown, Virgil Smith, Hunter, Farrah, Pastor, Hopgood, Brandenburg, Bieda, Wojno, Condino, Vagnozzi, Taub, Accavitti, Stakoe, Garfield, Shaffer, Nofs, Ward, Byrum, Sak, Nitz, Stahl, Moolenaar, Palsrok, Gillard, Angerer, Ball, Baxter, Booher, Byrnes, Caul, Clemente, Cushingberry, Donigan, Espinoza, Gonzales, Gosselin, Green, Hansen, Hildenbrand, David Law, Marleau, Mayes, McDowell, Moore, Mortimer, Pearce, Polidori, Proos, Rocca, Schuitmaker, Alma Smith, Spade and Hood were named co-sponsors of the bill.

Rep. Ward moved that Senate Bill No. 88 be placed on its immediate passage.

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

Senate Bill No. 88, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 3515, 3517, 3519, 3523, 3529, 3533, 3539, and 3571 (MCL 500.3515, 500.3517, 500.3519, 500.3523, 500.3529, 500.3533, 500.3539, and 500.3571), sections 3515 and 3519 as amended by 2002 PA 621, sections 3517, 3533, 3539, and 3571 as added by 2000 PA 252, and sections 3523 and 3529 as amended by 2002 PA 304.

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

Roll Call No. 749 Yeas--86

Accavitti Farhat Law, Kathleen Proos

Acciavatti Farrah Leland Robertson

Adamini Gaffney Lipsey Rocca

Amos Garfield Marleau Sak

Angerer Gillard Mayes Schuitmaker

Ball Gonzales McDowell Shaffer

Baxter Gosselin Meyer Sheen

Booher Green Moolenaar Sheltrown

Brandenburg Hansen Moore Smith, Virgil

Brown Hildenbrand Mortimer Spade

Byrnes Hoogendyk Newell Stahl

Casperson Hopgood Nitz Stakoe

Caswell Huizenga Nofs Steil

Caul Hummel Palmer Stewart

Condino Hune Palsrok Taub

DeRoche Hunter Pastor Van Regenmorter

Dillon Jones Pavlov Vander Veen

Donigan Kahn Pearce Walker

Drolet Kolb Phillips Ward

Elsenheimer Kooiman Plakas Wenke

Emmons LaJoy Polidori Wojno

Espinoza Law, David

Nays--17

Anderson Cushingberry Meisner Vagnozzi

Bennett Gleason Miller Waters

Bieda Hood Smith, Alma Whitmer

Byrum McConico Tobocman Zelenko

Clemente

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

Rep. Ward moved that Senate Bill No. 380 be placed on its immediate passage.

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

Senate Bill No. 380, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17820 and 17822 (MCL 333.17820 and 333.17822), section 17820 as amended and section 17822 as added by 1987 PA 213.

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

Roll Call No. 750 Yeas--103

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Leland Sak

Adamini Farhat Lipsey Schuitmaker

Amos Farrah Marleau Shaffer

Anderson Gaffney Mayes Sheen

Angerer Garfield McConico Sheltrown

Ball Gillard McDowell Smith, Alma

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Gosselin Miller Stahl

Booher Green Moolenaar Stakoe

Brandenburg Hansen Moore Steil

Brown Hildenbrand Mortimer Stewart

Byrnes Hood Newell Taub

Byrum Hoogendyk Nitz Tobocman

Casperson Hopgood Nofs Vagnozzi

Caswell Huizenga Palmer Van Regenmorter

Caul Hummel Palsrok Vander Veen

Clemente Hune Pastor Walker

Condino Hunter Pavlov Ward

Cushingberry Jones Pearce Waters

DeRoche Kahn Phillips Wenke

Dillon Kolb Plakas Whitmer

Donigan Kooiman Polidori Wojno

Drolet LaJoy Proos Zelenko

Elsenheimer Law, David Robertson

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 and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,"

The House agreed to the full title.

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

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

Rep. Ward moved that House Bill No. 5061 be placed on its immediate passage.

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

House Bill No. 5061, entitled

A bill to amend 1976 PA 390, entitled "Emergency management act," by amending section 6 (MCL 30.406), as amended by 1990 PA 50.

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

Roll Call No. 751 Yeas--101

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lipsey Sak

Adamini Farrah Marleau Schuitmaker

Amos Gaffney Mayes Shaffer

Anderson Gillard McConico Sheen

Angerer Gleason McDowell Sheltrown

Ball Gonzales Meisner Smith, Alma

Baxter Gosselin Meyer Smith, Virgil

Bennett Green Miller Spade

Bieda Hansen Moolenaar Stahl

Booher Hildenbrand Moore Stakoe

Brandenburg Hood Mortimer Steil

Brown Hoogendyk Newell Stewart

Byrnes Hopgood Nitz Taub

Byrum Huizenga Nofs Tobocman

Casperson Hummel Palmer Vagnozzi

Caul Hune Palsrok Van Regenmorter

Clemente Hunter Pastor Vander Veen

Condino Jones Pavlov Walker

Cushingberry Kahn Pearce Ward

DeRoche Kolb Phillips Waters

Dillon Kooiman Plakas Wenke

Donigan LaJoy Polidori Whitmer

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons

Nays--2

Caswell Garfield

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 390, entitled "Emergency management act," (MCL 30.401 to 30.421) by amending the title, as amended by 1990 PA 50, and by adding section 11a.

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

The motion prevailed.

Rep. Ward moved that Senate Bill No. 448 be placed on its immediate passage.

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

Senate Bill No. 448, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 226, 303d, 410, 810, 859, 871, 1105, 1701, 8321, 8322, 8344, 8507, and 8611 (MCL 600.226, 600.303d, 600.410, 600.810, 600.859, 600.871, 600.1105, 600.1701, 600.8321, 600.8322, 600.8344, 600.8507, and 600.8611), section 226 as amended by 1990 PA 185, section 303d as amended by 2004 PA 448, section 410 as added by 2002 PA 678, sections 859, 1105, and 8611 as amended by 1986 PA 308, section 1701 as amended by 1987 PA 99, section 8322 as amended by 1996 PA 388, section 8344 as amended by 1992 PA 192, and section 8507 as amended by 1994 PA 5, and by adding sections 411 and 8808; 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. 752 Yeas--102

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Leland Sak

Adamini Farhat Lipsey Schuitmaker

Amos Farrah Marleau Shaffer

Anderson Gaffney Mayes Sheen

Angerer Garfield McConico Sheltrown

Ball Gillard McDowell Smith, Alma

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Gosselin Miller Stahl

Booher Green Moolenaar Stakoe

Brandenburg Hansen Moore Steil

Brown Hildenbrand Mortimer Stewart

Byrnes Hood Newell Taub

Byrum Hoogendyk Nitz Tobocman

Casperson Hopgood Nofs Vagnozzi

Caswell Huizenga Palmer Van Regenmorter

Caul Hummel Palsrok Vander Veen

Clemente Hune Pastor Walker

Condino Hunter Pavlov Ward

Cushingberry Jones Pearce Waters

DeRoche Kahn Plakas Wenke

Dillon Kolb Polidori Whitmer

Donigan Kooiman Proos Wojno

Drolet LaJoy Robertson Zelenko

Elsenheimer 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 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending sections 303d, 321, 410, 601, 810, 841, 859, 871, 1701, 8321, 8322, 8331, 8344, and 8507 (MCL 600.303d, 600.321, 600.410, 600.601, 600.810, 600.841, 600.859, 600.871, 600.1701, 600.8321, 600.8322, 600.8331, 600.8344, and 600.8507), section 303d as amended by 2004 PA 448, section 321 as amended by 2005 PA 151, section 410 as added and sections 601 and 841 as amended by 2002 PA 678, sections 859 and 8331 as amended by 1986 PA 308, section 1701 as amended by 1987 PA 99, section 8322 as amended by 1996 PA 388, section 8344 as amended by 1992 PA 192, and section 8507 as amended by 1994 PA 5, and by adding sections 411 and 8808; and to repeal acts and parts of acts.

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 Senate Bill No. 778 be placed on its immediate passage.

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

Senate Bill No. 778, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2521 (MCL 324.2521), as added by 1999 PA 195.

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

Roll Call No. 753 Yeas--96

Accavitti Elsenheimer Law, Kathleen Rocca

Acciavatti Emmons Leland Sak

Adamini Espinoza Lipsey Schuitmaker

Amos Farhat Marleau Shaffer

Anderson Farrah Mayes Sheen

Angerer Gaffney McConico 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 Newell Tobocman

Byrum Huizenga Nitz Vagnozzi

Casperson Hummel Nofs Van Regenmorter

Caswell Hune Palmer Vander Veen

Caul Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

Cushingberry Kolb Pearce Wenke

DeRoche Kooiman Plakas Whitmer

Dillon LaJoy Polidori Wojno

Donigan Law, David Proos Zelenko

Nays--6

Drolet Gosselin Robertson Taub

Garfield Hoogendyk

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.

Second Reading of Bills

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.

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. Ball 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. 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.

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

Roll Call No. 754 Yeas--100

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Leland Sak

Adamini Farhat Lipsey Schuitmaker

Amos Farrah Marleau Shaffer

Anderson Gaffney Mayes Sheen

Angerer Garfield McConico 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 Hoogendyk Newell Taub

Byrum Hopgood Nitz Tobocman

Casperson Huizenga Nofs Vagnozzi

Caswell Hummel Palmer Van Regenmorter

Caul Hune Palsrok Vander Veen

Clemente Hunter Pastor Walker

Condino Jones Pavlov Ward

Cushingberry Kahn Pearce Waters

DeRoche Kolb Plakas Wenke

Dillon Kooiman Polidori Whitmer

Donigan LaJoy Proos Wojno

Elsenheimer Law, David Robertson Zelenko

Nays--2

Drolet Gosselin

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.

Second Reading of Bills

House Bill No. 5239, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 28a (MCL 421.28a), as amended by 1994 PA 162.

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

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

Rep. Hune 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. 5239, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 28a (MCL 421.28a), as amended by 1994 PA 162.

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

Roll Call No. 755 Yeas--96

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Law, Kathleen Rocca

Amos Espinoza Leland Sak

Anderson Farhat Lipsey Schuitmaker

Angerer Farrah Marleau Shaffer

Ball Gaffney Mayes Sheen

Baxter Garfield McConico Sheltrown

Bennett Gillard McDowell Smith, Alma

Bieda Gleason Meyer Smith, Virgil

Booher Gonzales Moolenaar Spade

Brandenburg Gosselin Moore Stahl

Brown Green Mortimer Stakoe

Byrnes Hansen Newell Steil

Byrum Hildenbrand Nitz Stewart

Casperson Hoogendyk Nofs Tobocman

Caswell Huizenga Palmer Vagnozzi

Caul Hummel Palsrok Van Regenmorter

Clemente Hune Pastor Vander Veen

Condino Hunter Pavlov Ward

Cushingberry Jones Pearce Waters

DeRoche Kahn Phillips Wenke

Dillon Kolb Plakas Whitmer

Donigan Kooiman Polidori Wojno

Drolet LaJoy Proos Zelenko

Nays--7

Adamini Hopgood Miller Walker

Hood Meisner Taub

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4798, entitled

A bill to amend 1989 PA 196, entitled "An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim's rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim's rights services; and to prescribe the powers and duties of certain state and local agencies and departments," by amending sections 5 and 6 (MCL 780.905 and 780.906), section 5 as amended by 1996 PA 520 and section 6 as amended by 1993 PA 345.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 4920, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80124a,80307, 80309, 81112, and 82105 (MCL 324.80124a, 324.80307, 324.80309, 324.81112, and 324.82105), section 80124a as added by 2003 PA 293, sections 80307, 80309, and 81112 as added by 1995 PA 58, and section 82105 as amended by 1998 PA 297.

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. 5023, 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 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. 5025, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16204 (MCL 333.16204), as added by 1994 PA 234.

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. 5057, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 91.

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. 4317, entitled

A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies," by amending section 12 (MCL 45.562).

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

House Bill No. 4446, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17015 (MCL 333.17015), as amended by 2002 PA 685.

The Senate has amended the bill as follows:

1. Amend page 6, line 16, after "(8)" by striking out "BEFORE OBTAINING THE PATIENT'S SIGNATURE ON THE ACKNOWLEDGMENT AND CONSENT FORM AS REQUIRED UNDER THIS SUBSECTION, A PHYSICIAN OR A QUALIFIED PERSON ASSISTING THE PHYSICIAN SHALL PERFORM AN ULTRASOUND ON THE PATIENT, PROVIDE THE PATIENT WITH AN OPPORTUNITY TO VIEW THE ACTIVE ULTRASOUND IMAGE OF THE FETUS, AND OFFER TO PROVIDE THE PATIENT WITH A PHYSICAL PICTURE OF THE ULTRASOUND IMAGE OF THE FETUS." and inserting "IF AT ANY TIME PRIOR TO THE PERFORMANCE OF AN ABORTION, A PATIENT UNDERGOES AN ULTRASOUND EXAMINATION, OR A PHYSICIAN DETERMINES THAT ULTRASOUND IMAGING WILL BE USED DURING THE COURSE OF A PATIENT'S ABORTION, THE PHYSICIAN OR QUALIFIED PERSON ASSISTING THE PHYSICIAN SHALL PROVIDE THE PATIENT WITH THE OPPORTUNITY TO VIEW, OR NOT TO VIEW, AN ACTIVE ULTRASOUND IMAGE OF THE FETUS, AND OFFER TO PROVIDE THE PATIENT WITH A PHYSICAL PICTURE OF THE ULTRASOUND IMAGE OF THE FETUS PRIOR TO THE PERFORMANCE OF THE ABORTION.".

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.

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

The motion prevailed.

House Bill No. 4617, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 20101, 20117, and 20120a (MCL 324.20101, 324.20117, and 324.20120a), section 20101 as amended by 1996 PA 383 and section 20117 as amended and section 20120a as added by 1995 PA 71, and by adding section 20105b.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4) and amended the title 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 provide remedies; and to repeal acts and parts of acts," by amending sections 20101 and 20120a (MCL 324.20101 and 324.20120a), section 20101 as amended by 1996 PA 383 and section 20120a as added by 1995 PA 71.

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

Rep. Ward moved that Rule 45 be suspended.

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

The question being on concurring in the (S-4) made to the bill by the Senate,

The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 756 Yeas--70

Accavitti Gaffney Mayes Sak

Acciavatti Garfield Meyer Schuitmaker

Amos Gleason Moolenaar Shaffer

Ball Gonzales Moore Sheen

Baxter Gosselin Mortimer Sheltrown

Booher Green Newell Spade

Brandenburg Hansen Nitz Stahl

Casperson Hildenbrand Nofs Stakoe

Caswell Hoogendyk Palmer Steil

Caul Huizenga Palsrok Stewart

Clemente Hummel Pastor Taub

DeRoche Hune Pavlov Van Regenmorter

Dillon Jones Pearce Vander Veen

Drolet Kahn Polidori Walker

Elsenheimer Kooiman Proos Ward

Emmons LaJoy Robertson Wenke

Espinoza Law, David Rocca Wojno

Farhat Marleau

Nays--32

Adamini Condino Kolb Phillips

Anderson Cushingberry Law, Kathleen Plakas

Angerer Donigan Leland Smith, Alma

Bennett Farrah Lipsey Tobocman

Bieda Gillard McConico Vagnozzi

Brown Hood McDowell Waters

Byrnes Hopgood Meisner Whitmer

Byrum Hunter Miller Zelenko

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

"Mr. Speaker and members of the House:

Despite amendments from the Senate, this bill will greatly and needlessly increase the costs of environmental cleanup and dealing with contaminated sites, as well as increase costs for certain brownfield redevelopment projects. In an era where we, as legislators, are asked to make government more efficient and to be more responsible with limited taxpayer dollars, it is tragic that the Legislature would be so irresponsible as to pass this bill into law. Rather than allowing a parcel to be designated as a "facility" based upon a reasonable inference based on sampling surrounding parcels, now each and every parcel will be subject to soil testing that typically costs from $1,000 to $10,000 apiece. For a brownfield project of 40 parcels, this could mean hundreds of thousands of dollars in extra pre-development costs, virtually eliminating any benefit of utilizing the brownfields program. The additional cost to a much larger contamination situation, typical of most industrial pollution from larger factories, will be in the millions. Rather than directing limited pollution clean-up funds to actually eradicating pollution and environmental hazards, we are mandating they be wasted on testing (instead of allowing a reasonable inference based on select sampling). Similarly, rather than minimizing pre-development costs for redeveloping brownfield sites, we are mandating that each parcel be tested. What an unnecessary mandate this Legislature is putting on economic development at this critical time in our economic future."

Second Reading of Bills

Senate Bill No. 634, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 45a (MCL 208.45a), as amended by 1999 PA 115.

The bill was read a second time.

Rep. David Law moved to amend the bill as follows:

1. Amend page 1, line 1, after "subsection" by striking out "(4)" and inserting "(3)".

2. Amend page 2, line 2, after "2005" by striking out "AND BEFORE JANUARY 1, 2007".

3. Amend page 2, line 11, by striking out all of subsection (3) and renumbering the remaining subsections.

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

The motion prevailed and the amendments were 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.

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. 634, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 45a (MCL 208.45a), as amended by 1999 PA 115.

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

Roll Call No. 757 Yeas--100

Accavitti Emmons Law, David Proos

Acciavatti Espinoza Law, Kathleen Robertson

Adamini Farhat Leland Rocca

Amos Farrah Lipsey Sak

Anderson Gaffney Marleau Schuitmaker

Angerer Garfield Mayes Shaffer

Ball Gillard McConico Sheen

Baxter Gleason McDowell Sheltrown

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 Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Clemente Hummel Palmer Vander Veen

Condino Hune Palsrok Walker

Cushingberry Hunter Pastor Ward

DeRoche Jones Pavlov Waters

Dillon Kahn Pearce Wenke

Donigan Kolb Phillips Whitmer

Drolet Kooiman Plakas Wojno

Elsenheimer LaJoy Polidori Zelenko

Nays--2

Bennett Smith, Alma

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 imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation,"

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

The House returned to the consideration of

House Bill No. 5460, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35h.

(The bill was considered earlier today, see today's Journal, p. 2424.)

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

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

Roll Call No. 758 Yeas--45

Accavitti Dillon Law, Kathleen Sak

Adamini Donigan Leland Sheltrown

Anderson Espinoza Lipsey Smith, Alma

Angerer Farrah Mayes Spade

Bennett Gillard McConico Tobocman

Bieda Gleason McDowell Vagnozzi

Brown Gonzales Meisner Van Regenmorter

Byrnes Hood Miller Waters

Byrum Hopgood Phillips Whitmer

Clemente Hunter Plakas Wojno

Condino Kolb Polidori Zelenko

Cushingberry

Nays--57

Acciavatti Garfield Marleau Robertson

Amos Gosselin Meyer Rocca

Ball Green Moolenaar Schuitmaker

Baxter Hansen Moore Shaffer

Booher Hildenbrand Mortimer Sheen

Brandenburg Hoogendyk Newell Stahl

Casperson Huizenga Nitz Stakoe

Caswell Hummel Nofs Steil

Caul Hune Palmer Stewart

DeRoche Jones Palsrok Taub

Drolet Kahn Pastor Vander Veen

Elsenheimer Kooiman Pavlov Walker

Emmons LaJoy Pearce Ward

Farhat Law, David Proos Wenke

Gaffney

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:

After numerous explanations with my Republican colleagues, I am voting against Amendment # 6. For legal purposes, there exists neither a 2005 PA 229 nor a 2005 PA 223 to amend. Neither HB 5098 nor HB 4973 was properly enacted into law. While both bills were assigned Public Act numbers, neither is subject to amendment."

Rep. Steil 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. 5460, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35h.

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

Roll Call No. 759 Yeas--98

Accavitti Espinoza Leland Robertson

Acciavatti Farhat Lipsey Rocca

Adamini Farrah Marleau Sak

Amos Gaffney Mayes Schuitmaker

Anderson Garfield McConico Shaffer

Angerer Gillard McDowell Sheen

Ball Gleason Meisner Sheltrown

Baxter Gonzales Meyer Spade

Bieda Gosselin Miller Stahl

Booher Green Moolenaar Stakoe

Brandenburg Hansen Moore Steil

Brown Hildenbrand Mortimer Stewart

Byrnes Hoogendyk Newell Taub

Byrum Hopgood Nitz Tobocman

Casperson Huizenga Nofs Vagnozzi

Caswell Hummel Palmer Van Regenmorter

Caul Hune Palsrok Vander Veen

Clemente Hunter Pastor Walker

Condino Jones Pavlov Ward

DeRoche Kahn Pearce Waters

Dillon Kolb Phillips Wenke

Donigan Kooiman Plakas Whitmer

Drolet LaJoy Polidori Wojno

Elsenheimer Law, David Proos Zelenko

Emmons Law, Kathleen

Nays--4

Bennett Cushingberry Hood Smith, Alma

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.

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, December 7:

House Bill No. 5483

Senate Bill No. 923

The Clerk announced that the following Senate bills had been received on Wednesday, December 7:

Senate Bill Nos. 236 242

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 236, entitled

A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure thereof under the supervision of the director of the department of management and budget and the state administrative board.

The Senate has passed the bill.

The bill was read a first time by its title.

Pending the reference of the bill to a committee,

Rep. Ward moved that Rules 44 and 45 be suspended.

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

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

The motion prevailed.

Senate Bill No. 242, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies and the legislative branch for the fiscal years ending September 30, 2005 and September 30, 2006; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The Senate has passed the bill.

The bill was read a first time by its title.

Pending the reference of the bill to a committee,

Rep. Ward moved that Rules 44 and 45 be suspended.

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

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4756, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 310e (MCL 257.310e), as amended by 2004 PA 362.

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

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

Rep. Gaffney moved to amend the bill as follows:

1. Amend page 3, line 27, after "employment." by striking out the balance of the subsection.

2. Amend page 6, following line 9, by inserting:

"(15) OTHER THAN TRANSPORTING IMMEDIATE FAMILY MEMBERS, A PERSON ISSUED A LEVEL 2 GRADUATED LICENSING STATUS UNDER SUBSECTION (5) SHALL TRANSPORT NOT MORE THAN 1 PASSENGER WHO IS LESS THAN 18 YEARS OF AGE DURING THE FIRST 90 DAYS, NOT MORE THAN 2 PASSENGERS WHO ARE LESS THAN 18 YEARS OF AGE DURING THE SECOND 90 DAYS, AND NOT MORE THAN 3 PASSENGERS WHO ARE LESS THAN 18 YEARS OF AGE DURING THE THIRD 90 DAYS OF THAT LICENSING STATUS. HOWEVER, IF DURING ANY 90-DAY PERIOD DESCRIBED IN THIS SUBSECTION THE PERSON IS FOUND RESPONSIBLE FOR A MOVING VIOLATION OR FOR CAUSING AN ACCIDENT WHILE OPERATING A MOTOR VEHICLE OR HAS HIS OR HER LICENSING STATUS SUSPENDED, OR A LICENSE PROVISION EXPANDED OR PERIOD EXTENDED UNDER SUBSECTION (7), THEN THE PERSON SHALL COMMENCE AND COMPLETE A NEW 90-DAY PERIOD OF BEING LIMITED TO TRANSPORTING THE SAME NUMBER OF PASSENGERS WHO ARE LESS THAN 18 YEARS OF AGE OTHER THAN IMMEDIATE FAMILY MEMBERS THAT HE OR SHE WAS PERMITTED TO TRANSPORT UNDER THIS SUBSECTION FOR A COMPLETE 90-DAY PERIOD BEFORE TRANSPORTING THE NEXT GREATER NUMBER OF PASSENGERS AS DESCRIBED IN THIS SUBSECTION, IF APPLICABLE.".

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

Rep. Spade moved to amend the bill as follows:

1. Amend page 6, following line 9, by inserting:

"(16) THE RESTRICTIONS ON THE NUMBER OF PASSENGERS UNDER THE AGE OF 18, OTHER THAN IMMEDIATE FAMILY MEMBERS, UNDER SUBSECTION (15), DO NOT APPLY IF THE TRANSPORTATION IS TO OR FROM A CHURCH, MOSQUE, SYNAGOGUE, OR OTHER HOUSE OF RELIGIOUS WORSHIP OR TO OR FROM AN ACTIVITY OR EVENT SPONSORED BY A CHURCH, MOSQUE, SYNAGOGUE, OR OTHER HOUSE OF RELIGIOUS WORSHIP.".

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

Rep. Gaffney moved to amend the bill as follows:

1. Amend page 6, line 9, subsection (15), after "APPLICABLE." by inserting "ENFORCEMENT OF THIS SUBSECTION BY STATE OR LOCAL LAW ENFORCEMENT AGENCIES SHALL BE ACCOMPLISHED ONLY AS A SECONDARY ACTION WHEN A DRIVER OF A MOTOR VEHICLE HAS BEEN DETAINED FOR ANOTHER VIOLATION OF THE LAWS OF THIS STATE OR A LOCAL ORDINANCE OR IF THE VEHICLE HAS BEEN INVOLVED IN A TRAFFIC ACCIDENT.".

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

Rep. Gaffney 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. 4756, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 310e (MCL 257.310e), as amended by 2004 PA 362.

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

Roll Call No. 760 Yeas--71

Accavitti Farhat Lipsey Sak

Adamini Farrah Marleau Schuitmaker

Amos Gaffney McConico Sheen

Anderson Gleason McDowell Sheltrown

Angerer Green Meisner Spade

Ball Hansen Meyer Stahl

Bieda Hoogendyk Moolenaar Stakoe

Booher Hummel Moore Stewart

Brandenburg Hune Mortimer Taub

Byrnes Hunter Nitz Tobocman

Byrum Jones Palsrok Van Regenmorter

Casperson Kahn Pastor Vander Veen

Clemente Kolb Pavlov Walker

Condino Kooiman Phillips Ward

Cushingberry LaJoy Plakas Wenke

Donigan Law, David Proos Whitmer

Elsenheimer Law, Kathleen Robertson Wojno

Espinoza Leland Rocca

Nays--31

Acciavatti Drolet Hopgood Polidori

Baxter Emmons Huizenga Shaffer

Bennett Garfield Mayes Smith, Alma

Brown Gillard Miller Steil

Caswell Gonzales Newell Vagnozzi

Caul Gosselin Nofs Waters

DeRoche Hildenbrand Palmer Zelenko

Dillon Hood Pearce

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 moved that his name be removed as co-sponsor of the bill.

The motion prevailed.

______

Rep. Gonzales, 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:

While this is a sincere effort to protect our youthful drivers and their passengers, the bill before this body creates an overreach into individuals' personal decisions, convoluted public policy and goes against the rights of both parents and their children."

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 5270, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 233, 234, 235, and 329 (MCL 750.233, 750.234, 750.235, and 750.329).

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, Rocca, Adamini, Bieda and Virgil Smith

Nays: Reps. Lipsey and Condino

Second Reading of Bills

House Bill No. 5270, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 233, 234, 235, and 329 (MCL 750.233, 750.234, 750.235, and 750.329).

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

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.

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. 5270, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 233, 234, 235, and 329 (MCL 750.233, 750.234, 750.235, and 750.329).

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

Roll Call No. 761 Yeas--91

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Lipsey Rocca

Adamini Espinoza Marleau Sak

Amos Farhat Mayes Schuitmaker

Anderson Farrah McDowell Shaffer

Angerer Gaffney Meisner Sheen

Ball Garfield Meyer Sheltrown

Baxter Gillard Miller Spade

Bennett Gleason Moolenaar Stahl

Bieda Gonzales Moore Stakoe

Booher Gosselin Mortimer Steil

Brandenburg Green Newell Stewart

Brown Hansen Nitz Taub

Byrnes Hildenbrand Nofs Vagnozzi

Byrum Hoogendyk Palmer Van Regenmorter

Casperson Hopgood Palsrok Vander Veen

Caswell Huizenga Pastor Walker

Caul Hummel Pavlov Ward

Clemente Hune Pearce Wenke

DeRoche Jones Phillips Whitmer

Dillon Kahn Plakas Wojno

Donigan Kooiman Polidori Zelenko

Drolet LaJoy Proos

Nays--11

Condino Hunter Leland Tobocman

Cushingberry Kolb McConico Waters

Hood Law, Kathleen Smith, Alma

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. Kathleen Law, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on House Bill 5270. While I understand the need for House Bill 5270 to protect peace officers while they are in the performance of their duties, I am not convinced that the legislation will not be abused by improperly trained, immature, or rogue officers who point, aim, and use their weapons in non-warranted situations. Neither am I convinced that the legislation is necessary. There is already a process in the criminal justice system that allows for prosecutorial discretion when police shootings occur. Each case is evaluated on an individual basis to determine if any criminal actions are warranted. The bill effectively chips away at this discretion and may undermine command structure. In addition, this may have the effect of giving peace officers a 'carte blanche' license to use their weapons whenever they please. It is my desire to have well trained and intelligent police officers who are properly protected and have the maturity and good judgment to fulfill the promise 'Protect and Serve'."

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Education, by Rep. Palmer, Chair, reported

Senate Bill No. 895, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 632 (MCL 380.632) and by adding sections 506a, 527a, 633, 1255, and 1311m.

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. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Elsenheimer, Hildenbrand, Pearce, Proos and Hopgood

Nays: Reps. Miller and Virgil Smith

The Committee on Education, by Rep. Palmer, Chair, reported

Senate Bill No. 896, entitled

A bill to provide for a catastrophic stop loss fund and catastrophic stop loss benefit plans; to create a board of directors of the catastrophic stop loss fund; to prescribe the conditions upon which school employers may provide certain benefits; to require the compilation and release of certain information and data; and to provide certain powers and duties to certain state officials, departments, agencies, and authorities.

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. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Elsenheimer, Hildenbrand, Pearce, Proos and Hopgood

Nays: Reps. Miller and Virgil Smith

The Committee on Education, by Rep. Palmer, Chair, reported

Senate Bill No. 897, entitled

A bill to amend 1951 PA 35, entitled "An act to authorize intergovernmental contracts between municipal corporations; to authorize any municipal corporation to contract with any person or any municipal corporation to furnish any lawful municipal service to property outside the corporate limits of the first municipal corporation for a consideration; to prescribe certain penalties; to authorize contracts between municipal corporations and with certain nonprofit public transportation corporations to form group self-insurance pools; and to prescribe conditions for the performance of those contracts," by amending section 5 (MCL 124.5), as amended by 1999 PA 83.

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. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Elsenheimer, Hildenbrand, Pearce, Proos and Hopgood

Nays: Reps. Miller and Virgil Smith

The Committee on Education, by Rep. Palmer, Chair, reported

Senate Bill No. 898, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 123 and 124 (MCL 389.123 and 389.124), section 123 as amended by 1980 PA 5 and section 124 as amended by 1997 PA 135.

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. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Elsenheimer, Hildenbrand, Pearce, Proos and Hopgood

Nays: Reps. Miller and Virgil Smith

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, December 7, 2005

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

Absent: Rep. Lemmons, III

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

House Bill No. 5198, entitled

A bill to amend 1846 RS 84, entitled "Of divorce," by amending section 18 (MCL 552.18), as amended by 1991 PA 86.

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, Jones, Rocca, Lipsey, Condino, Adamini and Bieda

Nays: None

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

Senate Bill No. 685, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16y of chapter XVII (MCL 777.16y), as amended by 2000 PA 279.

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, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith

Nays: None

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

Senate Bill No. 686, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 552c.

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, 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, December 7, 2005

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

Absent: Reps. David Law and McConico

Excused: Reps. David Law and McConico

The Committee on Family and Children Services, by Rep. Stahl, Chair, reported

Senate Bill No. 714, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending section 2 (MCL 722.22), as amended by 2004 PA 542.

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. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Spade and Polidori

Nays: None

The Committee on Family and Children Services, by Rep. Stahl, Chair, reported

Senate Bill No. 892, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 14i, 57e, and 57f (MCL 400.14i, 400.57e, and 400.57f), section 14i as amended by 2004 PA 571 and sections 57e and 57f as amended by 2001 PA 280.

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. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen and Spade

Nays: Rep. Polidori

The Committee on Family and Children Services, by Rep. Stahl, Chair, reported

Senate Bill No. 893, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 43 and 57g (MCL 400.43 and 400.57g), section 57g as amended by 2001 PA 280.

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. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen and Spade

Nays: Rep. Polidori

The Committee on Family and Children Services, by Rep. Stahl, Chair, reported

Senate Bill No. 894, entitled

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

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. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Spade and Polidori

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stahl, Chair, of the Committee on Family and Children Services, was received and read:

Meeting held on: Wednesday, December 7, 2005

Present: Reps. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Spade and Polidori

Absent: Reps. Clack and Lemmons, Jr.

Excused: Reps. Clack and Lemmons, Jr.

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, December 7, 2005

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

Absent: Reps. Moore, Dillon and Murphy

Excused: Reps. Moore, Dillon and Murphy

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 93.

Rep. Drolet

Waiver

of Remaining Session Days

TO: Peter L. Plummer, Executive Director

State Office of Administrative Hearings and Rules

Secretary of the Senate

Clerk of the House

FROM: Representative Jim Marleau, Chair

Senator Michael Bishop, Alternate Chair

DATE: December 7, 2005

Pursuant to MCL 24.245a(1) the Joint Committee on Administrative Rules has by a concurrent majority vote, waived the remaining session days for the following rule set: Department of Labor and Economic Growth--Liquor Control Commission--Licensing Qualifications (2005-005 LG).

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

Sincerely,

Representative Jim Marleau Senator Michael Bishop

Chair Alternate Chair

Joint Committee on Administrative Rules Joint Committee on Administrative Rules

Introduction of Bills

Reps. Bieda, Sheen, Condino, Drolet, Palmer, Meyer and Gleason introduced

House Bill No. 5484, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2004 PA 394.

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

Reps. Accavitti, Polidori, Wojno, Hune, Gaffney, Condino, Plakas, Gleason, Alma Smith, Anderson, Brandenburg and Nofs introduced

House Bill No. 5485, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 328 (MCL 257.328), as amended by 2004 PA 52, and by adding section 520a.

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

Reps. Accavitti, Polidori, Wojno, Hune, Gaffney, Condino, Plakas, Gleason, Alma Smith, Anderson, Brandenburg and Nofs introduced

House Bill No. 5486, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3101a (MCL 500.3101a), as amended by 1996 PA 456.

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

Reps. Hune and Gaffney introduced

House Bill No. 5487, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding sections 7jj and 9k.

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

Rep. Farhat introduced

House Bill No. 5488, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 6g (MCL 460.6g), as added by 1980 PA 470.

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

Reps. Farhat and Sak introduced

House Bill No. 5489, entitled

A bill to amend 1972 PA 382, entitled "Traxler-McCauley-Law-Bowman bingo act," by amending sections 3, 3a, 5, 5c, 8, 10, 10a, and 11b (MCL 432.103, 432.103a, 432.105, 432.105c, 432.108, 432.110, 432.110a, and 432.111b), section 3 as amended by 1995 PA 275, sections 3a, 5c, and 11b as added and sections 5, 10, and 10a as amended by 1999 PA 108, and section 8 as amended by 1981 PA 229.

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

______

Rep. Brown moved that the House adjourn.

The motion prevailed, the time being 6:00 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, December 8, at 10:30 a.m.

GARY L. RANDALL

Clerk of the House of Representatives