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E-M:/ Senate Vote on SB 205



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Enviro-Mich message from anne.woiwode@sfsierra.sierraclub.org
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 Enviro-Michers: 
 
 Continued interest has been expressed in SB 205, with a specific request 
 for in having the Senate vote on the bill listed.  Below is the section of 
 the Senate Journal for December 9 in which the House passed version was 
 considered and voted upon (Senate Journal 86, pages 2020 & 2021).  
 
 Of note is that an amendment was offered by Senator David Jaye 
 (R-Washington Twp.) to allow local government control over agricultural 
 activities for farm or farm operations with 1000 animal units or more, and 
 in fact including the federal code citation as to what constitutes an 
 animal unit. It should be noted that if this had passed, the bill would 
 have had to go back to a conference committee between the two houses. The 
 vote is most interesting:
 
 * All but two Democrats (Chris Dingell and Don Koivisto) voted yes
 * Republican Senators David Jaye and Ken Sikkema voted yes as well
 
 Phil Hoffman was excused from voting, but all the rest of the Senators 
 voted no.
 
 The amendment failed 15 yeas to 22 nays.
 
 Then the vote is on passage of the House adopted version, asking 
 concurrence on the House passed version of the bill.  The split is bigger 
 as more Democrats and all Republicans vote for passage (see list below).
 
 SB 205 is currently sitting on the Governor's desk, having been officially 
 transmitted December 20.  He has 14 days from the 20th (Jan 3) to sign or 
 veto the bill, or, if not signed, it goes into effect after 14 days. 
 
 Anne Woiwode
 
 ************************************************
 SENATE JOURNAL # 86, 12/9/99, Pages 2020 & 2021
 
 Senate Bill No.205, entitled 
 
 A bill to amend 1981 PA 93, entitled "Michigan right to farm act," by 
 amending section 4 (MCL 286.474), as amended by 1995 PA 94. 
 
 The House of Representatives has substituted (H-7) the bill. 
 
 The House of Representatives has passed the bill as substituted (H-7) and 
 amended the title to read as follows: 
 
 A bill to amend 1981 PA 93, entitled "An act to define certain farm uses, 
 operations, practices, and products; to provide certain disclosures; to 
 provide for circumstances under which a farm shall not be found to be a 
 public or private nuisance; to provide for certain powers and duties for 
 certain state agencies and departments; and to provide for certain 
 remedies for certain persons," by amending section 4 (MCL 286.474), as 
 amended by 1995 PA 94; and to repeal acts and parts of acts. 
 
 Pending the order that, under rule 3.202, the bill be laid over one day, 
 
 Senator Rogers moved that the rule be suspended. 
 
 The motion prevailed, a majority of the members serving voting therefor. 
 
 The question being on concurring in the substitute made to the bill by the 
 House, 
 
 Senator Jaye offered the following amendments to the substitute: 
 
 1. Amend page 4, line 8, after "(5)" by striking out "EXCEPT AS PROVIDED 
 IN SUBSECTION (6), THIS" and inserting "This". 
 
 2. Amend page 5, following line 2, by inserting: 
 
 "(7) SUBSECTION (6) DOES NOT APPLY TO A LOCAL ORDINANCE, REGULATION, OR 
 RESOLUTION THAT REGULATES OR PROHIBITS A FARM OR FARM OPERATION WITH 1,000 
 OR MORE ANIMAL UNITS, AS DEFINED IN APPENDIX B TO PART 122 OF TITLE 40 OF 
 THE CODE OF FEDERAL REGULATIONS." and renumbering the remaining 
 subsections. 
 
 The question being on the adoption of the amendments, 
 
 Senator Jaye requested the yeas and nays. 
 
 The yeas and nays were not ordered,1/5 of the members present not voting 
 therefor. 
 
 Senator V. Smith requested the yeas and nays. 
 
 The yeas and nays were ordered, 1/5 of the members present voting 
 therefor. 
 
 The amendments were not adopted, a majority of the members not voting 
 therefor, as follows: 
 
 
 
 Roll Call No.696 Yeas--15 
 
 
 
 Byrum Hart Murphy Smith, V. 
 
 Cherry Jaye Peters Vaughn 
 
 DeBeaussaert Leland Sikkema Young 
 
 Emerson Miller Smith, A. 
 
 
 
 Nays--22 
 
 
 
 Bennett Gast McCotter Schwarz 
 
 Bullard Goschka McManus Shugars 
 
 DeGrow Gougeon North Steil 
 
 Dingell Hammerstrom Rogers Stille 
 
 Dunaskiss Johnson Schuette VanRegenmorter 
 
 Emmons Koivisto 
 
 
 
 Excused--1 
 
 
 
 Hoffman 
 
 
 
 Not Voting--0 
 
 
 
 In The Chair: Schwarz 
 
 
 
 The question being on concurring in the substitute made to the bill by the 
 House, 
 
 The substitute was concurred in, a majority of the members serving voting 
 therefor, as follows: 
 
 Roll Call No.697 Yeas--27 
 
 
 
 Bennett Gast McCotter Shugars 
 
 Bullard Goschka McManus Sikkema 
 
 DeGrow Gougeon Miller Steil 
 
 Dingell Hammerstrom North Stille 
 
 Dunaskiss Jaye Rogers VanRegenmorter 
 
 Emerson Johnson Schuette Young 
 
 Emmons Koivisto Schwarz 
 
 
 
 Nays--10 
 
 
 
 Byrum Hart Peters Smith, V. 
 
 Cherry Leland Smith, A. Vaughn 
 
 DeBeaussaert Murphy 
 
 
 
 Excused--1 
 
 
 
 Hoffman 
 
 
 
 Not Voting--0 
 
 
 
 In The Chair: Schwarz 
 
 
 
 The question being on concurring in the committee recommendation to give 
 the bill immediate effect, 
 
 The recommendation was concurred in, 2/3 of the members serving voting 
 therefor. 
 
 The Senate agreed to the title as amended. 
 
 The bill was referred to the Secretary for enrollment printing and 
 presentation to the Governor. 
 



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