2007-HJ-06-20-063.htm

No. 63

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Wednesday, June 20, 2007.

10:00 a.m.

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

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--excused

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--present Jones, Rick--present Pastor--present Wojno--present

Dean--present Jones, Robert--present Pavlov--present Young--present

DeRoche--e/d/s Knollenberg--present

e/d/s = entered during session

Rep. Chuck Moss, from the 40th District, offered the following invocation:

"I'd like to read a prayer written by General George Washington, on June 8th 1783.

I now make it my earnest prayer that God would have you, and the State over which you preside, in his protection, that He would incline the hearts of the Citizens to entertain a brotherly affection and love for one another, for their fellow citizens at large, and particularly for their brethren who have served in the field, and finally that He would dispose us all to do justice, to love mercy, and to comport ourselves with that Charity, humility, and pacific temper of mind which were the characteristics of the Divine Author, and without a humble imitation of whose example we can never hope to be a happy nation.

In His name we ask Your blessing...Amen."

______

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

The motion prevailed.

______

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

The motion prevailed.

The Speaker Pro Tempore assumed the Chair.

Rep. Hoogendyk moved that Reps. Brandenburg, Pavlov, Sheen and Acciavatti be excused temporarily from today's session.

The motion prevailed.

Rep. Tobocman moved that Reps. Cheeks and Cushingberry be excused temporarily from today's session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

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.

(The bill was received from the Senate on June 19, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 62, p. 954.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 217 Yeas--100

Accavitti Elsenheimer Lahti Pearce

Agema Emmons LaJoy Polidori

Amos Espinoza Law, David Proos

Angerer Farrah Law, Kathleen Robertson

Ball Gaffney LeBlanc Rocca

Bauer Garfield Leland Sak

Bennett Gillard Lemmons Schuitmaker

Bieda Gonzales Lindberg Scott

Booher Green Marleau Shaffer

Brown Griffin Mayes Sheltrown

Byrnes Hammel McDowell Simpson

Byrum Hammon Meadows Smith, Alma

Calley Hansen Meisner Smith, Virgil

Casperson Hildenbrand Melton Spade

Caul Hood Meltzer Stahl

Clack Hoogendyk Miller Stakoe

Clemente Hopgood Moolenaar Tobocman

Condino Horn Moore Vagnozzi

Constan Huizenga Moss Valentine

Corriveau Hune Nitz Walker

Coulouris Jackson Nofs Ward

Dean Johnson Opsommer Warren

Dillon Jones, Rick Palmer Wenke

Donigan Jones, Robert Palsrok Wojno

Ebli Knollenberg Pastor Young

Nays--2

Caswell Meekhof

In The Chair: Sak

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

Third Reading of Bills

House Bill No. 4737, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2004 PA 475.

(The bill was read a third time and postponed for the day on June 14, see House Journal No. 61, p. 924.)

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 218 Yeas--103

Accavitti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons Law, Kathleen Robertson

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lemmons Schuitmaker

Bieda Garfield Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Tobocman

Clack Hopgood Moolenaar Vagnozzi

Clemente Horn Moore Valentine

Condino Huizenga Moss Walker

Constan Hune Nitz Ward

Corriveau Jackson Nofs Warren

Coulouris Johnson Opsommer Wenke

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

Dillon Knollenberg Pavlov

Nays--2

Hoogendyk Palmer

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. DeRoche entered the House Chambers.

House Bill No. 4736, 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.

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

Roll Call No. 219 Yeas--106

Accavitti Donigan Lahti Pavlov

Agema Ebli LaJoy Pearce

Amos Elsenheimer Law, David Polidori

Angerer Emmons Law, Kathleen Proos

Ball Espinoza LeBlanc Robertson

Bauer Farrah Leland Rocca

Bennett Gaffney Lemmons Sak

Bieda Garfield Lindberg Schuitmaker

Booher Gillard Marleau Scott

Brandenburg Gonzales Mayes Shaffer

Brown Green McDowell Sheen

Byrnes Griffin Meadows Sheltrown

Byrum Hammel Meekhof Simpson

Calley Hammon Meisner Smith, Alma

Casperson Hansen Melton Smith, Virgil

Caswell Hildenbrand Meltzer Spade

Caul Hood Miller Stahl

Clack Hoogendyk Moolenaar Stakoe

Clemente Hopgood Moore Tobocman

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Jackson Opsommer Warren

Cushingberry Johnson Palmer Wenke

Dean Jones, Rick Palsrok Wojno

DeRoche Jones, Robert Pastor Young

Dillon Knollenberg

Nays--1

Vagnozzi

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.

House Bill No. 4861, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 321 (MCL 600.321), as amended by 2005 PA 326.

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

Roll Call No. 220 Yeas--65

Accavitti Dillon Jones, Robert Opsommer

Angerer Donigan Knollenberg Palmer

Ball Espinoza Lahti Polidori

Bauer Farrah Law, Kathleen Sak

Bennett Gaffney LeBlanc Scott

Bieda Gillard Leland Sheltrown

Booher Gonzales Lemmons Smith, Alma

Byrnes Griffin Lindberg Smith, Virgil

Casperson Hammel Mayes Spade

Caul Hammon McDowell Stakoe

Cheeks Hansen Meadows Tobocman

Clack Hood Meisner Vagnozzi

Clemente Hopgood Melton Warren

Condino Huizenga Miller Wenke

Constan Jackson Moss Wojno

Coulouris Johnson Nofs Young

Cushingberry

Nays--43

Agema Elsenheimer Marleau Robertson

Amos Emmons Meekhof Rocca

Brandenburg Garfield Meltzer Schuitmaker

Brown Green Moolenaar Shaffer

Byrum Hildenbrand Moore Sheen

Calley Hoogendyk Nitz Simpson

Caswell Horn Palsrok Stahl

Corriveau Hune Pastor Valentine

Dean Jones, Rick Pavlov Walker

DeRoche LaJoy Pearce Ward

Ebli Law, David Proos

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. 134, entitled

A bill to authorize the state administrative board to convey certain parcels of state owned property in Ingham county and Wayne county; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments and agencies in relation to the conveyances; to provide for disposition of revenue derived from the conveyances; and to provide for the release of certain property rights held by the state.

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

Roll Call No. 221 Yeas--106

Accavitti DeRoche Knollenberg Pavlov

Acciavatti Dillon Lahti Pearce

Agema Donigan LaJoy Polidori

Amos Ebli Law, David Proos

Angerer Elsenheimer Law, Kathleen Robertson

Ball Emmons LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gaffney Lindberg Scott

Booher Garfield Marleau Sheen

Brandenburg Gillard Mayes Sheltrown

Brown Gonzales McDowell Simpson

Byrnes Green Meadows Smith, Alma

Byrum Griffin Meekhof Smith, Virgil

Calley Hammel Meisner Spade

Casperson Hammon Melton Stahl

Caswell Hansen Meltzer Stakoe

Caul Hildenbrand Miller Tobocman

Cheeks Hood Moolenaar Vagnozzi

Clack Hoogendyk Moore Valentine

Clemente Hopgood Moss Walker

Condino Huizenga Nitz Ward

Constan Hune Nofs Warren

Corriveau Jackson Opsommer Wenke

Coulouris Johnson Palmer Wojno

Cushingberry Jones, Rick Palsrok Young

Dean Jones, Robert

Nays--1

Pastor

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 authorize the state administrative board to convey certain parcels of state owned property in Ingham county, Wayne county, and Tuscola county; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments and agencies in relation to the conveyances; to provide for disposition of revenue derived from the conveyances; and to provide for the release of certain property rights held by the state.

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.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that when the House adjourns today it stand adjourned until Thursday, June 21, at 10:00 a.m.

The motion prevailed.

Reps. Calley, Marleau, Ball, Booher, Casperson, Elsenheimer, Garfield, Hansen, Lemmons, Meekhof, Nitz, Opsommer, Pearce, Proos, Shaffer and Stahl offered the following concurrent resolution:

House Concurrent Resolution No. 33.

A concurrent resolution to create an ad hoc committee to study and recommend standards regarding the use of policy advocacy Internet websites by elected officials.

Whereas, The resources of the state of Michigan are meant to promote the well-being of all the citizens of our state in a fair and reasonable manner; and

Whereas, Elected officials have a need and a right to express their policy positions and to make those expressions known and available to the public at large; and

Whereas, Internet websites operated under the auspices of the state of Michigan are an important tool for elected officials to express and advocate for their policy positions; and

Whereas, When issues or matters of policy arise where citizens--including legislators, executive officials, and other state employees--disagree, advocacy for such matters should be reserved for websites and other forums that are not part of the official institutional websites for the state of Michigan; and

Whereas, Recent incidents involving state of Michigan websites, both executive and legislative, as well as staff time and computer assets being utilized to promote only one side of a controversial issue, have exposed potential conflicts of interest that are troubling to many Michigan taxpayers; and

Whereas, The use of such state-sponsored forums, including on-line petitions, which gather identifying information about individual citizens that can later be exploited for political or commercial purposes, represents a breech in public service ethics and a betrayal of the goodwill of unsuspecting citizens who are not warned that their information can be obtained by political organizations, commercial marketers, or other private interests; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That there be created an ad hoc committee to study and recommend standards regarding the use of policy advocacy Internet websites by elected officials. This ad hoc committee is to be comprised of five members of the House of Representatives, appointed in the same manner as standing committees of the House are appointed, and five members of the Senate, appointed in the same manner as standing committees of the Senate are appointed. It is charged with the task of issuing a report that includes standards for website advocacy and shall address the issue of properly notifying citizens who provide identifying information that such information will be a matter of public record that can be obtained by private parties for political, charitable, or commercial use. The committee shall complete its report no later than March 31, 2008; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor, the Michigan Attorney General,the Michigan Secretary of State, the Chief Justice of the Michigan Supreme Court, and the head of each of the departments within the executive branch.

The concurrent resolution was referred to the Committee on Oversight and Investigations.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.

Rep. Hood offered the following concurrent resolution:

House Concurrent Resolution No. 34.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Alpena Community College relative to the Alpena Community College Instructional Addition/Renovation.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Alpena Community College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the Alpena Community College Instructional Addition/Renovation (the "Facility") is currently owned by the Educational Institution; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Alpena Community College Instructional Addition/Renovation shall not exceed $4,105,500 (the Authority share is $1,667,300, the State General Fund/General Purpose share is $200, and the Educational Institution share is $2,438,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $1,667,300, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $111,000 and $145,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Alpena Community College, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL § 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.

Rep. Hood offered the following concurrent resolution:

House Concurrent Resolution No. 35.

A concurrent resolution approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Projects, Phase I, Phase II, Group E, Special Maintenance Projects (the "Facility").

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires that before a lease between the State of Michigan (the "State") and the State Building Authority (the "Authority") that is only for capital maintenance improvements is executed, the general form of the lease shall be approved by a concurrent resolution concurred in by a majority of the members elected to and serving in each house of the Michigan Legislature, with the votes and names of the members voting thereon entered in the journal. The description of the property to be leased and the rental to be paid by the State shall be approved by the State Administrative Board; and

Whereas, Providing capital maintenance improvements to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of Management and Budget State Facility Preservation Projects, Phase I, Phase II, Group E, Special Maintenance Projects shall not exceed $47,296,000 (the Authority share is $47,296,000 and the State General Fund/General Purpose share is $0), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $47,296,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $3,636,000 and $4,605,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.

Rep. Griffin offered the following concurrent resolution:

House Concurrent Resolution No. 36.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Jackson Community College relative to the Jackson Community College Health Program Expansion and Information Commons.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trusteesof Jackson Community College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the Jackson Community College Health Program Expansion and Information Commons (the "Facility") is currently owned by the Educational Institution; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Jackson Community College Health Program Expansion and Information Commons shall not exceed $17,300,000 (the Authority share is $7,499,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $9,800,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $7,499,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $505,000 and $660,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Jackson Community College, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.

Reps. Warren, Hood, Byrnes, Alma Smith, Mayes, Hammon, Hansen and Coulouris offered the following concurrent resolution:

House Concurrent Resolution No. 37.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Regents of the University of Michigan relative to the University of Michigan-Ann Arbor Observatory Lodge Renovations.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Regents of the University of Michigan (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the University of Michigan-Ann Arbor Observatory Lodge Renovations (the "Facility") is currently owned by the Educational Institution; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the University of Michigan-Ann Arbor Observatory Lodge Renovations shall not exceed $11,500,000 (the Authority share is $7,819,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $3,680,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $7,819,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $521,000 and $681,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Regents of the University of Michigan, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

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 Tuesday, June 19:

Senate Bill Nos. 592 593 594

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, June 20:

House Bill Nos. 4928 4929 4930 4931 4932 4933 4934 4935 4936 4937 4938 4939 4940 4941

4942 4943 4944 4945 4946 4947 4948 4949 4950 4951 4952 4953 4954 4955

The Clerk announced that the following Senate bills had been received on Wednesday, June 20:

Senate Bill Nos. 447 448 501 503 504 588

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 20, 2007

Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Warren, Schuitmaker, David Law, Elsenheimer, Rick Jones and Rocca

Absent: Reps. Virgil Smith and Stakoe

Excused: Reps. Virgil Smith and Stakoe

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Accavitti, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, June 20, 2007

Present: Reps. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Melton, Miller, Palsrok, Garfield, Huizenga, Moolenaar, Horn and Opsommer

Absent: Rep. Nofs

Excused: Rep. Nofs

Messages from the Senate

House Bill No. 4261, entitled

A bill relating to the promotion of convention business and tourism in this state and certain metropolitan areas of this state; to provide for tourism and convention marketing and promotion programs in certain metropolitan areas; to provide for imposition and collection of assessments on the owners of transient facilities to support tourism and convention marketing and promotion programs; to provide for the disbursement of the assessments; to establish the functions and duties of certain state departments and employees; and to prescribe penalties and remedies.

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. 4177, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 2118 and 2120 (MCL 500.2118 and 500.2120), section 2118 as amended by 2002 PA 492 and section 2120 as amended by 1984 PA 350, and by adding section 2116a.

The Senate has amended the bill as follows:

1. Amend page 1, line 8, after "STATES" by inserting "FOR AT LEAST 30 CONSECUTIVE DAYS".

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 42, the bill was laid over one day.

Senate Bill No. 447, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3112 (MCL 324.3112), as amended by 2005 PA 33.