No. 55
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Wednesday, May 30, 2007.
10:30 a.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Dillon--present Lahti--present Pearce--present
Acciavatti--present Donigan--present LaJoy--present Polidori--present
Agema--present Ebli--present Law, David--present Proos--present
Amos--present Elsenheimer--present Law, Kathleen--present Robertson--present
Angerer--present Emmons--present LeBlanc--present Rocca--present
Ball--present Espinoza--present Leland--present Sak--present
Bauer--present Farrah--present Lemmons--present Schuitmaker--present
Bennett--present Gaffney--present Lindberg--present Scott--present
Bieda--present Garfield--present Marleau--present Shaffer--present
Booher--present Gillard--present Mayes--present Sheen--present
Brandenburg--present Gonzales--present McDowell--present Sheltrown--present
Brown--present Green--present Meadows--present Simpson--present
Byrnes--present Griffin--present Meekhof--present Smith, Alma--present
Byrum--present Hammel--present Meisner--present Smith, Virgil--present
Calley--present Hammon--present Melton--present Spade--present
Casperson--present Hansen--present Meltzer--present Stahl--present
Caswell--present Hildenbrand--present Miller--present Stakoe--present
Caul--present Hood--present Moolenaar--present Steil--present
Cheeks--present Hoogendyk--present Moore--present Tobocman--present
Clack--present Hopgood--present Moss--present Vagnozzi--present
Clemente--present Horn--present Nitz--present Valentine--present
Condino--present Huizenga--present Nofs--present Walker--present
Constan--present Hune--present Opsommer--present Ward--present
Corriveau--present Jackson--present Palmer--present Warren--present
Coulouris--present Johnson--present Palsrok--present Wenke--present
Cushingberry--excused Jones, Rick--present Pastor--present Wojno--present
Dean--present Jones, Robert--present Pavlov--present Young--present
DeRoche--present Knollenberg--present
e/d/s = entered during session
Rep. James Marleau, from the 46th District, offered the following invocation:
"God of power and might, wisdom and justice, through You authority is rightly administered, laws are enacted, and judgment is decreed.
Assist with Your spirit of counsel and fortitude the Governor, Majority Leader, Speaker and other government leaders of the State of Michigan. May they always seek the ways of righteousness, justice and mercy.
Grant that they may be enabled by Your powerful protection to lead our State with honesty and integrity.
And for those who are traveling this weekend, may they find safe passage.
We ask this through Christ our Lord, Amen."
Third Reading of Bills
House Bill No. 4556, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 11f (MCL 247.661f), as added by 2006 PA 140.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 184 Yeas--106
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Agema Elsenheimer Law, David Proos
Amos Emmons Law, Kathleen Robertson
Angerer Espinoza LeBlanc Rocca
Ball Farrah Leland Sak
Bauer Gaffney Lemmons Schuitmaker
Bennett Garfield Lindberg Scott
Bieda Gillard Marleau Shaffer
Booher Gonzales Mayes Sheen
Brandenburg Green McDowell Sheltrown
Brown Griffin Meadows Simpson
Byrnes Hammel Meisner Smith, Alma
Byrum Hammon Melton Smith, Virgil
Calley Hansen Meltzer Spade
Casperson Hildenbrand Miller Stakoe
Caul Hood Moolenaar Steil
Cheeks Hoogendyk Moore Tobocman
Clack Hopgood Moss Vagnozzi
Clemente Horn Nitz Valentine
Condino Huizenga Nofs Walker
Constan Hune Opsommer Ward
Corriveau Jackson Palmer Warren
Coulouris Johnson Palsrok Wenke
Dean Jones, Rick Pastor Wojno
DeRoche Jones, Robert Pavlov Young
Dillon Knollenberg
Nays--2
Caswell Meekhof
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 344, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 16 and 16z of chapter XVII (MCL 777.16 and 777.16z), section 16 as added by 1998 PA 317 and section 16z as amended by 2006 PA 655,byamending the headings of chapter XVII and part 2 of chapter XVII, and by adding sections 16aa and 16bb to chapter XVII.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 185 Yeas--109
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Agema Elsenheimer Law, David Proos
Amos Emmons Law, Kathleen Robertson
Angerer Espinoza LeBlanc Rocca
Ball Farrah Leland Sak
Bauer Gaffney Lemmons Schuitmaker
Bennett Garfield Lindberg Scott
Bieda Gillard Marleau Shaffer
Booher Gonzales Mayes Sheen
Brandenburg Green McDowell Sheltrown
Brown Griffin Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Byrum Hammon Meisner Smith, Virgil
Calley Hansen Melton Spade
Casperson Hildenbrand Meltzer Stahl
Caswell Hood Miller Stakoe
Caul Hoogendyk Moolenaar Steil
Cheeks Hopgood Moore Tobocman
Clack Horn Moss Vagnozzi
Clemente Huizenga Nitz Valentine
Condino Hune Nofs Walker
Constan Jackson Opsommer Ward
Corriveau Johnson Palmer Warren
Coulouris Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Dillon
Nays--0
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Tobocman moved to amend the title to read as follows:
A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 1 of chapter I and sections 16 and 16z of chapter XVII (MCL 761.1, 777.16, and 777.16z), section 1 as amended by 1999 PA 76, section 16 as added by 1998 PA 317, and section 16z as amended by 2006 PA 655, by amending the headings of chapter XVII and part 2 of chapter XVII, and by adding sections 16aa and 16bb to chapter XVII.
The motion prevailed.
The House agreed to the title as amended.
Rep. Tobocman 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. 4766, entitled
A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," by amending section 20m (MCL 38.1140m), as added by 2002 PA 728.
The bill was read a second time.
Rep. Gonzales moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman 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. 4766, entitled
A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," by amending section 20m (MCL 38.1140m), as added by 2002 PA 728.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 186 Yeas--74
Accavitti Corriveau Jackson Polidori
Acciavatti Coulouris Johnson Proos
Angerer Dean Jones, Robert Rocca
Ball Dillon Lahti Sak
Bauer Donigan Law, Kathleen Scott
Bieda Ebli LeBlanc Shaffer
Booher Emmons Leland Sheltrown
Brown Espinoza Lemmons Simpson
Byrnes Farrah Lindberg Smith, Alma
Byrum Gaffney Mayes Smith, Virgil
Calley Gillard McDowell Spade
Casperson Gonzales Meadows Steil
Caswell Griffin Meisner Tobocman
Caul Hammel Melton Vagnozzi
Cheeks Hammon Miller Valentine
Clack Hansen Nitz Warren
Clemente Hood Opsommer Wojno
Condino Hopgood Pearce Young
Constan Huizenga
Nays--35
Agema Hoogendyk Meltzer Robertson
Amos Horn Moolenaar Schuitmaker
Bennett Hune Moore Sheen
Brandenburg Jones, Rick Moss Stahl
DeRoche Knollenberg Nofs Stakoe
Elsenheimer LaJoy Palmer Walker
Garfield Law, David Palsrok Ward
Green Marleau Pastor Wenke
Hildenbrand Meekhof Pavlov
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Tobocman 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
Motions and Resolutions
Reps. Sak, Accavitti, Ball, Bauer, Bieda, Booher, Brown, Clack, Clemente, Condino, Constan, Dean, Espinoza, Farrah, Gonzales, Green, Hammel, Hammon, Hansen, Hopgood, Horn, Johnson, Rick Jones, Robert Jones, Lahti, LeBlanc, Leland, Lemmons, Lindberg, Mayes, McDowell, Meltzer, Miller, Polidori, Sheltrown, Simpson, Tobocman, Vagnozzi, Valentine, Wojno and Kathleen Law offered the following resolution:
House Resolution No. 127.
A resolution to memorialize the Congress of the United States to enact legislation, and the President of the United States to sign legislation, to make gasoline price gouging a crime in times of an energy emergency.
Whereas, The talk of the nation, from water cooler chatter to board room negotiations, is the record high gasoline prices. The Midwestern states are being hit the hardest with Michigan, Illinois, Indiana, and Wisconsin currently havingthe nation's most expensive gasoline. In fact, Michigan motorists have the dubious distinction of paying the highest gas prices in America. While the national average price of regular unleaded gasoline is about $3.20 per gallon, Michigan motorists are paying more than $3.50 per gallon; and
Whereas, Escalating gasoline prices place further strain on Michigan's already struggling economy. The state's three largest income-producing industries--manufacturing, agriculture, and tourism--are highly dependent on fuels, making them even more susceptible to the effects of soaring prices; and
Whereas, The oil industry continues to enjoy record profits, while Michigan's citizens and economy are laboring under punitively high gas prices. In 2006, ExxonMobil posted $39.5 billion in profits, the largest profit of any corporation ever. Chevron, the nation's second-largest oil company, posted $17.1 billion in earnings, and ConocoPhillips posted profitsin excess of $15.5 billion. The most recent quarterly financial information indicates more double digit-gains in profit; and
Whereas, The time is right to prevent oil companies with skyrocketing profits from gouging our nation's motoring publicand fuel-based industries. The United States House of Representatives recently passed the Federal Price Gouging Protection Act to make gasoline price gouging a federal crime in times of an energy emergency. Even before the United States Senate has begun to mark up the bill, the White House has threatened a veto, pitting the oil industry against the American people; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact legislation, and the President of the United States to sign legislation, to make gasoline price gouging a crime in times of an energy emergency; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, the Presidentof the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Energy and Technology.
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, May 30:
House Bill Nos. 4854 4855 4856 4857 4858 4859 4860 4861 4862 4863 4864 4865 4866
Senate Bill Nos. 554 555
The Clerk announced that the following Senate bill had been received on Wednesday, May 30:
Senate Bill No. 512
Reports of Standing Committees
The Committee on New Economy and Quality of Life, by Rep. Clemente, Chair, reported
House Bill No. 4711, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 15 and 16 (MCL 125.2665 and 125.2666), section 15 as amended by 2006 PA 32 and section 16 as amended by 2000 PA 145.
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. Clemente, Leland, Clack, Griffin, Meisner, Huizenga, Hildenbrand, Garfield and Pastor
Nays: None
The Committee on New Economy and Quality of Life, by Rep. Clemente, Chair, reported
House Bill No. 4712, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 13 (MCL 125.2663), as amended by 2006 PA 467.
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. Clemente, Leland, Clack, Griffin, Meisner, Melton, Huizenga, Hildenbrand, Garfield and Pastor
Nays: None
The Committee on New Economy and Quality of Life, by Rep. Clemente, Chair, reported
House Bill No. 4713, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 2 (MCL 125.2652), as amended by 2006 PA 32.
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. Clemente, Leland, Clack, Griffin, Meisner, Melton, Huizenga, Hildenbrand, Garfield and Pastor
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Clemente, Chair, of the Committee on New Economy and Quality of Life, was received and read:
Meeting held on: Tuesday, May 29, 2007
Present: Reps. Clemente, Leland, Clack, Griffin, Meadows, Meisner, Melton, Huizenga, Hildenbrand, Garfield and Pastor
The Committee on Ethics and Elections, by Rep. Corriveau, Chair, reported
House Bill No. 4739, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," (MCL 168.1 to 168.992) by adding section 11a.
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. Corriveau, Clemente, Donigan, Hammon, Pearce and Wenke
Nays: None
The Committee on Ethics and Elections, by Rep. Corriveau, Chair, reported
House Bill No. 4740, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 105 (MCL 389.105), as amended by 2003 PA 306.
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. Corriveau, Clemente, Donigan, Hammon, Pearce and Wenke
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Corriveau, Chair, of the Committee on Ethics and Elections, was received and read:
Meeting held on: Wednesday, May 30, 2007
Present: Reps. Corriveau, Clemente, Donigan, Hammon, Pearce and Wenke
Absent: Reps. Bieda and Ward
Excused: Reps. Bieda and Ward
The Committee on Families and Children's Services, by Rep. Clack, Chair, reported
House Bill No. 4735, entitled
A bill to amend 1994 PA 203, entitled "Foster care and adoption services act," by amending section 4a (MCL 722.954a), as added by 1997 PA 172.
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. Clack, Dean, Hammon, Wojno and Sheen
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Clack, Chair, of the Committee on Families and Children's Services, was received and read:
Meeting held on: Wednesday, May 30, 2007
Present: Reps. Clack, Dean, Hammon, Wojno and Sheen
Absent: Reps. Accavitti, Stahl, Hoogendyk and Palmer
Excused: Reps. Accavitti, Stahl, Hoogendyk and Palmer
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Melton, Chair, of the Committee on Education, was received and read:
Meeting held on: Wednesday, May 30, 2007
Present: Reps. Melton, Valentine, Angerer, Brown, Corriveau, Dean, Hopgood, Lindberg, Miller, Polidori, Scott, Moolenaar, Emmons, Steil, Pearce, Hildenbrand, Schuitmaker and Knollenberg
Absent: Reps. Byrum, Clack, Meisner, Hoogendyk and Opsommer
Excused: Reps. Byrum, Clack, Meisner, Hoogendyk and Opsommer
Messages from the Senate
Senate Bill No. 512, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2006 PA 508, and by adding section 3e.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Introduction of Bills
Reps. Moolenaar, Walker, Ball, Meekhof, Booher, Gaffney, Nofs, Hoogendyk, Emmons, Shaffer, Steil, Acciavatti, Caul, Stakoe, Moore, Horn, Hildenbrand, Stahl, Rick Jones, Proos, Ward, Pavlov, Knollenberg, Palmer, Rocca, Palsrok, Caswell, Moss, Green, LaJoy, Hansen, Huizenga and Opsommer introduced
House Bill No. 4867, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 11 (MCL 388.1611), as amended by 2007 PA 6.
The bill was read a first time by its title and referred to the Committee on Appropriations.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Gillard, Vice-Chair, reported
House Bill No. 4850, entitled
A bill to amend 2005 PA 226, entitled "Michigan tobacco settlement finance authority act," by amending section 8 (MCL 129.268).
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. Gillard, Bauer, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Spade, Acciavatti, Caswell, Shaffer, Booher, Caul, Hansen, Proos, Agema, Moss and Nofs
Nays: Reps. Bennett, Byrnes, Alma Smith, Vagnozzi and Amos
The Committee on Appropriations, by Rep. Gillard, Vice-Chair, reported
House Bill No. 4851, entitled
A bill to amend 1975 PA 222, entitled "Higher education loan authority act," by amending section 4 (MCL 390.1154), as amended by 1989 PA 127, and by adding section 4b.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Booher, Caul, Hansen, Proos, Agema, Moss and Nofs
Nays: Rep. Amos
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gillard, Vice-Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, May 30, 2007
Present: Reps. Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Amos, Booher, Caul, Hansen, Proos, Agema, Moss and Nofs
Absent: Reps. Cushingberry and Brandenburg
Excused: Reps. Cushingberry and Brandenburg
Second Reading of Bills
House Bill No. 4850, entitled
A bill to amend 2005 PA 226, entitled "Michigan tobacco settlement finance authority act," by amending section 8 (MCL 129.268).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Reps. Acciavatti and Huizenga moved to amend the bill as follows:
1. Amend page 2, line 9, after the first "of" by striking out "$900,000,000.00" and inserting "$810,000,000.00".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Caswell and Horn moved to amend the bill as follows:
1. Amend page 2, line 12, after "12.256," by inserting "$202,800,000.00 SHALL BE DEPOSITED IN THE STATE SCHOOL AID FUND ESTABLISHED BY SECTION 11 OF ARTICLE IX OF THE STATE CONSTITUTION OF 1963,".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Virgil Smith moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Gillard moved that Rep. Accavitti be excused temporarily from today's session.
The motion prevailed.
Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
Rep. Hood moved that Rep. Leland be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4850, entitled
A bill to amend 2005 PA 226, entitled "Michigan tobacco settlement finance authority act," by amending section 8 (MCL 129.268).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 187 Yeas--80
Acciavatti Dillon Jones, Rick Pearce
Angerer Donigan Jones, Robert Polidori
Ball Ebli Lahti Proos
Bauer Emmons LaJoy Robertson
Bieda Espinoza Law, David Rocca
Booher Farrah Law, Kathleen Sak
Brown Gaffney LeBlanc Scott
Byrum Gillard Lemmons Shaffer
Calley Gonzales Mayes Sheen
Casperson Green McDowell Sheltrown
Caswell Griffin Meadows Simpson
Caul Hammel Meisner Smith, Virgil
Cheeks Hammon Melton Spade
Clack Hansen Meltzer Stahl
Clemente Hood Moolenaar Stakoe
Condino Hopgood Moore Steil
Constan Horn Moss Tobocman
Corriveau Huizenga Nitz Valentine
Coulouris Jackson Nofs Wojno
Dean Johnson Opsommer Young
Nays--26
Agema Hildenbrand Miller Smith, Alma
Amos Hoogendyk Palmer Vagnozzi
Bennett Hune Palsrok Walker
Brandenburg Knollenberg Pastor Ward
Byrnes Lindberg Pavlov Warren
Elsenheimer Marleau Schuitmaker Wenke
Garfield Meekhof
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Elsenheimer, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I vote no today because of the misinformation which was supplied to members regarding the actual need to be covered by securitization, which information was at a minimum negligently provided, and because I think it is a mistake to continue to seek securitization of our assets. I have real questions about how the 21st Century jobs fund was handled, and I am concerned about our entering into a new securitization regime before the full effect of this program is known. Additionally, a one-time fix is not what is needed at this time. We need real structural change to the state's budget."
Rep. Meekhof, 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:
We have not addressed the real reform issues that are facing the State of Michigan. I can not vote for one time gimmicks and accounting changes, to balance the 07 budget, when we have not fixed the real problems facing Michigan."
Rep. Miller, 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 I understand that this measure is part of a bipartisan and bicameral agreement to 'seal the deal' on the 2007 budget crisis, I cannot support this because of the long term ramifications to the state budget. We all agree that the solution to the budget crisis is a mixture of cuts, reforms, and revenues. We should get on with the business of making these tough choices and explaining them to the people we represent. Selling off revenue streams and assets to put off the inevitable tough choices is shirking our responsibility that we were elected to assume. P.S. Bring the troops home NOW!"
Second Reading of Bills
House Bill No. 4851, entitled
A bill to amend 1975 PA 222, entitled "Higher education loan authority act," by amending section 4 (MCL 390.1154), as amended by 1989 PA 127, and by adding section 4b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Appropriations,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Meisner moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman 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. 4851, entitled
A bill to amend 1975 PA 222, entitled "Higher education loan authority act," by amending section 4 (MCL 390.1154), as amended by 1989 PA 127, and by adding section 4b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 188 Yeas--101
Acciavatti Ebli Lahti Proos
Agema Elsenheimer LaJoy Robertson
Angerer Emmons Law, David Rocca
Ball Espinoza Law, Kathleen Sak
Bauer Farrah LeBlanc Schuitmaker
Bennett Gaffney Lemmons Scott
Bieda Gillard Lindberg Shaffer
Booher Gonzales Marleau Sheen
Brandenburg Green Mayes Sheltrown
Brown Griffin McDowell Simpson
Byrnes Hammel Meadows Smith, Alma
Byrum Hammon Meisner Smith, Virgil
Calley Hansen Melton Spade
Casperson Hildenbrand Miller Stahl
Caswell Hood Moolenaar Stakoe
Caul Hoogendyk Moore Steil
Cheeks Hopgood Moss Tobocman
Clack Horn Nitz Vagnozzi
Clemente Huizenga Nofs Valentine
Condino Hune Opsommer Walker
Constan Jackson Palsrok Ward
Corriveau Johnson Pastor Warren
Coulouris Jones, Rick Pavlov Wenke
Dean Jones, Robert Pearce Wojno
Dillon Knollenberg Polidori Young
Donigan
Nays--5
Amos Meekhof Meltzer Palmer
Garfield
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Tobocman moved to amend the title to read as follows:
A bill to amend 1975 PA 222, entitled "Higher education loan authority act," by amending section 4 (MCL 390.1154), as amended by 1989 PA 127.
The motion prevailed.
The House agreed to the title as amended.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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Rep. Meekhof, 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:
We have not addressed the real reform issues that are facing the State of Michigan. I can not vote for one time gimmicks and accounting changes, to balance the 07 budget, when we have not fixed the real problems facing Michigan."
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Tobocman moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Tobocman moved that when the House adjourns today it stand adjourned until Tuesday, June 5, at 1:30 p.m.
The motion prevailed.
Introduction of Bills
Reps. Young, Virgil Smith, Lemmons, Byrum, Leland, Tobocman and Cheeks introduced
House Bill No. 4868, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4q (MCL 117.4q), as added by 2003 PA 316.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
Reps. Farrah, Gaffney, Virgil Smith, Hildenbrand, Accavitti, Brandenburg, Wojno, Gillard, Johnson, Melton, Meadows, Hammel, Bauer, Agema, Ward, Acciavatti, Marleau and Meekhof introduced
House Bill No. 4869, entitled
A bill to amend 2004 PA 403, entitled "Michigan boxing regulatory act," by amending sections 1, 10, 11, 20, 21, 22, 31, 32, 33, 34, 35, 47, 48, 51, 53, 54, 55, 56, 57, and 58 (MCL 338.3601, 338.3610, 338.3611, 338.3620, 338.3621, 338.3622, 338.3631, 338.3632, 338.3633, 338.3634, 338.3635, 338.3647, 338.3648, 338.3651, 338.3653, 338.3654, 338.3655, 338.3656, 338.3657, and 338.3658), sections 11, 31, 33, 34, 47, 48, and 54 as amended by 2005 PA 49.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Farrah, Gaffney, Virgil Smith, Hildenbrand, Accavitti, Brandenburg, Wojno, Gillard, Johnson, Melton, Meadows, Hammel, Bauer, Agema, Ward, Acciavatti, Marleau and Meekhof introduced
House Bill No. 4870, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 447 (MCL 750.447), as amended by 2004 PA 404.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Miller, Bieda, Ebli, Condino, Wojno, Cushingberry and Vagnozzi introduced
House Bill No. 4871, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 66.
The bill was read a first time by its title and referred to the Committee on Agriculture.
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Rep. Lahti moved that the House adjourn.
The motion prevailed, the time being 12:55 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, June 5, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives