No. 26
State of Michigan
JOURNAL
OF THE
House of Representatives
94th Legislature
REGULAR SESSION OF 2008
House Chamber, Lansing, Thursday, March 13, 2008.
12:00 Noon.
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—excused Law, David—present Proos—present
Amos—present Elsenheimer—present Law, Kathleen—present Robertson—present
Angerer—present Emmons—present LeBlanc—present Rocca—present
Ball—excused 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—excused
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—excused
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—excused
Cushingberry—present 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. Dudley Spade, from the 57th District, offered the following invocation:
“The coming spring season reminds us that new beginnings present opportunities for change. Just like the seasons, our opportunity to serve the people of this great State is short. Lord, grant each of us the strength and resolve to remember and remain true to the values that led us to seek public office. None of us will be remembered for taking a party line vote. Rather, we will be remembered for the unpopular votes; the uncomfortable votes; the votes where perhaps we stood alone, but did so because we believed it was right. Help each of us to show respect for those labeled as our adversaries and to always have the courage to challenge and disagree with our friends. We ask today that You help us grow NOT into the public servants we want to be, but into the public servants You want us to be. We recognize that all good things come through You and we thank You for giving us the opportunity to serve. We ask this through You Lord. Amen.”
______
Rep. Hansen moved that Reps. Ball, Stahl and Wenke be excused from today’s session.
The motion prevailed.
Rep. Tobocman moved that Reps. Ebli and Vagnozzi be excused from today’s session.
The motion prevailed.
Reports of Standing Committees
The Committee on Transportation, by Rep. Hopgood, Chair, reported
House Resolution No. 303.
A resolution to call upon the Mackinac Bridge Authority to implement the Michigan Forest Products Council’s proposed discount rate for high-volume commercial users.
(For text of resolution, see House Journal No. 25, p. 470.)
With the recommendation that the resolution be adopted.
The resolution was laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Hopgood, Griffin, Accavitti, Bieda, Donigan, Leland, Mayes, Miller, Young, LaJoy, Nitz, Pavlov and Knollenberg
Nays: None
The Speaker laid before the House
House Resolution No. 303.
A resolution to call upon the Mackinac Bridge Authority to implement the Michigan Forest Products Council’s proposed discount rate for high-volume commercial users.
(For text of resolution, see House Journal No. 25, p. 470.)
(The resolution was reported by the Committee on Transportation on March 13, consideration of which, under the rules, was postponed until March 18.)
Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Second Reading of Bills
Senate Bill No. 273, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 8 (MCL 722.628), as amended by 2006 PA 630.
The bill was read a second time.
Rep. Tobocman 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. Tobocman moved that Reps. Leland, Young and Cushingberry be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 273, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 8 (MCL 722.628), as amended by 2006 PA 630.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 162 Yeas—102
Accavitti Dillon Knollenberg Pastor
Acciavatti Donigan Lahti Pavlov
Agema Elsenheimer LaJoy Pearce
Amos Emmons Law, David Polidori
Angerer Espinoza Law, Kathleen Proos
Bauer Farrah LeBlanc Robertson
Bennett Gaffney Lemmons Rocca
Bieda Garfield Lindberg Sak
Booher Gillard Marleau Schuitmaker
Brandenburg Gonzales Mayes Scott
Brown Green McDowell Shaffer
Byrnes Griffin Meadows Sheen
Byrum Hammel Meekhof Sheltrown
Calley Hammon Meisner Simpson
Casperson Hansen Melton Smith, Alma
Caswell Hildenbrand Meltzer Smith, Virgil
Caul Hood Miller Spade
Cheeks Hoogendyk Moolenaar Stakoe
Clack Hopgood Moore Steil
Clemente Horn Moss Tobocman
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Dean Jones, Rick Palsrok Wojno
DeRoche Jones, Robert
Nays—0
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,”
The House agreed to the full title.
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 the Committee on Education be discharged from further consideration of House Resolution No. 299.
(For first notice see House Journal No. 25, p. 479.)
The question being on the motion made by Rep. Tobocman,
The motion prevailed, a majority of the members serving voting therefor.
The Speaker laid before the House
House Resolution No. 299.
A resolution to urge universities and K-12 schools to warn children and young adults about the dangers of prescription and over-the-counter drugs, to encourage physicians and pharmacists to alert parents to the inherent dangers of these drugs, and to encourage parents to keep these medications out of their children’s reach.
(For text of resolution, see House Journal No. 24, p. 433.)
(The resolution was discharged from the Committee on Education on March 13.)
The question being on the adoption of the resolution,
The resolution was adopted.
Second Reading of Bills
House Bill No. 5669, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1a of chapter IV (MCL 764.1a), as amended by 2005 PA 106.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Senior Health, Security, and Retirement,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Constan 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. 5669, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1a of chapter IV (MCL 764.1a), as amended by 2005 PA 106.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 163 Yeas—104
Accavitti Dillon Knollenberg Pastor
Acciavatti Donigan Lahti Pavlov
Agema Elsenheimer LaJoy Pearce
Amos Emmons Law, David Polidori
Angerer Espinoza Law, Kathleen Proos
Bauer Farrah LeBlanc Robertson
Bennett Gaffney Leland Rocca
Bieda Garfield Lemmons Sak
Booher Gillard Lindberg Schuitmaker
Brandenburg Gonzales Marleau Scott
Brown Green Mayes Shaffer
Byrnes Griffin McDowell Sheen
Byrum Hammel Meadows Sheltrown
Calley Hammon Meekhof Simpson
Casperson Hansen Meisner Smith, Alma
Caswell Hildenbrand Melton Smith, Virgil
Caul Hood Meltzer Spade
Cheeks Hoogendyk Miller Stakoe
Clack Hopgood Moolenaar Steil
Clemente Horn Moore Tobocman
Condino Huizenga Moss Valentine
Constan Hune Nitz Walker
Corriveau Jackson Nofs Ward
Coulouris Johnson Opsommer Warren
Dean Jones, Rick Palmer Wojno
DeRoche Jones, Robert Palsrok Young
Nays—0
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.
Reps. Accavitti, Bieda, Hammel, Hammon, LeBlanc, Lemmons, Sak and Tobocman were named co‑sponsors of the bill.
Second Reading of Bills
Senate Bill No. 667, entitled
A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending section 7 (MCL 551.7), as amended by 2006 PA 613.
The bill was read a second time.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 2, line 9, after “(H)” by striking out “IN” and inserting “FOR”.
2. Amend page 2, line 11, after “clerk” by striking out the period and inserting a comma and “in the county in which the clerk serves.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Tobocman 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
Senate Bill No. 667, entitled
A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending section 7 (MCL 551.7), as amended by 2006 PA 613.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 164 Yeas—93
Accavitti Donigan Lahti Pavlov
Acciavatti Elsenheimer LaJoy Pearce
Amos Emmons Law, David Polidori
Angerer Espinoza Law, Kathleen Proos
Bauer Farrah LeBlanc Robertson
Bennett Gaffney Leland Rocca
Bieda Gillard Lemmons Sak
Booher Gonzales Lindberg Schuitmaker
Brown Green Marleau Scott
Byrnes Griffin Mayes Shaffer
Byrum Hammel McDowell Sheltrown
Calley Hammon Meadows Simpson
Casperson Hansen Meekhof Smith, Alma
Caswell Hildenbrand Meisner Smith, Virgil
Caul Hood Melton Spade
Cheeks Hopgood Miller Stakoe
Clack Horn Moolenaar Tobocman
Clemente Huizenga Moore Valentine
Condino Hune Moss Walker
Constan Jackson Nitz Ward
Corriveau Johnson Nofs Warren
Coulouris Jones, Rick Opsommer Wojno
Dean Jones, Robert Palsrok Young
Dillon
Nays—11
Agema Garfield Meltzer Sheen
Brandenburg Hoogendyk Palmer Steil
DeRoche Knollenberg Pastor
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.
Second Reading of Bills
House Bill No. 4247, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 8 (MCL 211.8), as amended by 2006 PA 633.
The bill was read a second time.
Rep. Meadows 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. 4247, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 8 (MCL 211.8), as amended by 2006 PA 633.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 165 Yeas—105
Accavitti Dillon Knollenberg Pastor
Acciavatti Donigan Lahti Pavlov
Agema Elsenheimer LaJoy Pearce
Amos Emmons Law, David Polidori
Angerer Espinoza Law, Kathleen Proos
Bauer Farrah LeBlanc Robertson
Bennett Gaffney Leland Rocca
Bieda Garfield Lemmons Sak
Booher Gillard Lindberg Schuitmaker
Brandenburg Gonzales Marleau Scott
Brown Green Mayes Shaffer
Byrnes Griffin McDowell Sheen
Byrum Hammel Meadows Sheltrown
Calley Hammon Meekhof Simpson
Casperson Hansen Meisner Smith, Alma
Caswell Hildenbrand Melton Smith, Virgil
Caul Hood Meltzer Spade
Cheeks Hoogendyk Miller Stakoe
Clack Hopgood Moolenaar Steil
Clemente Horn Moore Tobocman
Condino Huizenga Moss Valentine
Constan Hune Nitz Walker
Corriveau Jackson Nofs Ward
Coulouris Johnson Opsommer Warren
Cushingberry Jones, Rick Palmer Wojno
Dean Jones, Robert Palsrok Young
DeRoche
Nays—0
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.
Second Reading of Bills
House Bill No. 5727, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 2802, 2803, and 2804 (MCL 700.2802, 700.2803, and 700.2804).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Senior Health, Security, and Retirement,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Meadows moved to amend the bill as follows:
1. Amend page 5, line 14, after “taken” by striking out “3” and inserting “7”.
2. Amend page 6, line 10, after “benefit,” by striking out “and”.
3. Amend page 6, line 12, after “2803” by inserting a comma and “AND, IF THE CLAIM IS BASED ON A CONVICTION FOR ABUSE, NEGLECT, OR EXPLOITATION, A COPY OF THE JUDGMENT OF CONVICTION”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Meadows 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. 5727, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 2802, 2803, and 2804 (MCL 700.2802, 700.2803, and 700.2804).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 166 Yeas—105
Accavitti Dillon Knollenberg Pastor
Acciavatti Donigan Lahti Pavlov
Agema Elsenheimer LaJoy Pearce
Amos Emmons Law, David Polidori
Angerer Espinoza Law, Kathleen Proos
Bauer Farrah LeBlanc Robertson
Bennett Gaffney Leland Rocca
Bieda Garfield Lemmons Sak
Booher Gillard Lindberg Schuitmaker
Brandenburg Gonzales Marleau Scott
Brown Green Mayes Shaffer
Byrnes Griffin McDowell Sheen
Byrum Hammel Meadows Sheltrown
Calley Hammon Meekhof Simpson
Casperson Hansen Meisner Smith, Alma
Caswell Hildenbrand Melton Smith, Virgil
Caul Hood Meltzer Spade
Cheeks Hoogendyk Miller Stakoe
Clack Hopgood Moolenaar Steil
Clemente Horn Moore Tobocman
Condino Huizenga Moss Valentine
Constan Hune Nitz Walker
Corriveau Jackson Nofs Ward
Coulouris Johnson Opsommer Warren
Cushingberry Jones, Rick Palmer Wojno
Dean Jones, Robert Palsrok Young
DeRoche
Nays—0
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.
Reps. Accavitti, Caswell and Scott were named co‑sponsors of the bill.
Second Reading of Bills
House Bill No. 5160, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625 (MCL 257.625), as amended by 2006 PA 564.
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. Marleau 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. 5160, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625 (MCL 257.625), as amended by 2006 PA 564.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 167 Yeas—104
Accavitti DeRoche Knollenberg Pastor
Acciavatti Dillon Lahti Pavlov
Agema Donigan LaJoy Pearce
Amos Elsenheimer Law, David Polidori
Angerer Emmons Law, Kathleen Proos
Bauer Espinoza LeBlanc Robertson
Bennett Farrah Leland Rocca
Bieda Gaffney Lemmons Sak
Booher Gillard Lindberg Schuitmaker
Brandenburg Gonzales Marleau Scott
Brown Green Mayes Shaffer
Byrnes Griffin McDowell Sheen
Byrum Hammel Meadows Sheltrown
Calley Hammon Meekhof Simpson
Casperson Hansen Meisner Smith, Alma
Caswell Hildenbrand Melton Smith, Virgil
Caul Hood Meltzer Spade
Cheeks Hoogendyk Miller Stakoe
Clack Hopgood Moolenaar Steil
Clemente Horn Moore Tobocman
Condino Huizenga Moss Valentine
Constan Hune Nitz Walker
Corriveau Jackson Nofs Ward
Coulouris Johnson Opsommer Warren
Cushingberry Jones, Rick Palmer Wojno
Dean Jones, Robert Palsrok Young
Nays—1
Garfield
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.
Second Reading of Bills
Senate Bill No. 948, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44 (MCL 125.1444), as amended by 2004 PA 549.
(The bill was read a second time and postponed temporarily on March 12, see House Journal No. 25, p. 450.)
Rep. Tobocman 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
Senate Bill No. 948, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44 (MCL 125.1444), as amended by 2004 PA 549.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 168 Yeas—103
Accavitti Dillon Lahti Pavlov
Acciavatti Donigan LaJoy Pearce
Agema Elsenheimer Law, David Polidori
Amos Emmons Law, Kathleen Proos
Angerer Espinoza LeBlanc Robertson
Bauer Farrah Leland Rocca
Bennett Gaffney Lemmons Sak
Bieda Gillard Lindberg Schuitmaker
Booher Gonzales Marleau Scott
Brandenburg Green Mayes Shaffer
Brown Griffin McDowell Sheen
Byrnes Hammel Meadows Sheltrown
Byrum Hammon Meekhof Simpson
Calley Hansen Meisner Smith, Alma
Casperson Hildenbrand Melton Smith, Virgil
Caul Hood Meltzer Spade
Cheeks Hoogendyk Miller Stakoe
Clack Hopgood Moolenaar Steil
Clemente Horn Moore Tobocman
Condino Huizenga Moss Valentine
Constan Hune Nitz Walker
Corriveau Jackson Nofs Ward
Coulouris Johnson Opsommer Warren
Cushingberry Jones, Rick Palmer Wojno
Dean Jones, Robert Palsrok Young
DeRoche Knollenberg Pastor
Nays—2
Caswell Garfield
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,”
The House agreed to the full title.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Caswell, 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:
My no vote is based on the fact that the bill goes well beyond helping single family home owners to owners of up to 4 unit apartment complexes. I have no problem helping owners of homes. I don’t believe that should include small apartment complexes.”
Second Reading of Bills
Senate Bill No. 950, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” (MCL 125.1401 to 125.1499c) by adding section 24f.
The bill was read a second time.
Rep. Tobocman 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
Senate Bill No. 950, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” (MCL 125.1401 to 125.1499c) by adding section 24f.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 169 Yeas—104
Accavitti DeRoche Knollenberg Pastor
Acciavatti Dillon Lahti Pavlov
Agema Donigan LaJoy Pearce
Amos Elsenheimer Law, David Polidori
Angerer Emmons Law, Kathleen Proos
Bauer Espinoza LeBlanc Robertson
Bennett Farrah Leland Rocca
Bieda Gaffney Lemmons Sak
Booher Gillard Lindberg Schuitmaker
Brandenburg Gonzales Marleau Scott
Brown Green Mayes Shaffer
Byrnes Griffin McDowell Sheen
Byrum Hammel Meadows Sheltrown
Calley Hammon Meekhof Simpson
Casperson Hansen Meisner Smith, Alma
Caswell Hildenbrand Melton Smith, Virgil
Caul Hood Meltzer Spade
Cheeks Hoogendyk Miller Stakoe
Clack Hopgood Moolenaar Steil
Clemente Horn Moore Tobocman
Condino Huizenga Moss Valentine
Constan Hune Nitz Walker
Corriveau Jackson Nofs Ward
Coulouris Johnson Opsommer Warren
Cushingberry Jones, Rick Palmer Wojno
Dean Jones, Robert Palsrok Young
Nays—1
Garfield
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,”
The House agreed to the full title.
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
Senate Bill No. 951, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 1 (MCL 125.1401), as amended by 1998 PA 33.
The bill was read a second time.
Rep. Tobocman 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
Senate Bill No. 951, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 1 (MCL 125.1401), as amended by 1998 PA 33.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 170 Yeas—105
Accavitti Dillon Knollenberg Pastor
Acciavatti Donigan Lahti Pavlov
Agema Elsenheimer LaJoy Pearce
Amos Emmons Law, David Polidori
Angerer Espinoza Law, Kathleen Proos
Bauer Farrah LeBlanc Robertson
Bennett Gaffney Leland Rocca
Bieda Garfield Lemmons Sak
Booher Gillard Lindberg Schuitmaker
Brandenburg Gonzales Marleau Scott
Brown Green Mayes Shaffer
Byrnes Griffin McDowell Sheen
Byrum Hammel Meadows Sheltrown
Calley Hammon Meekhof Simpson
Casperson Hansen Meisner Smith, Alma
Caswell Hildenbrand Melton Smith, Virgil
Caul Hood Meltzer Spade
Cheeks Hoogendyk Miller Stakoe
Clack Hopgood Moolenaar Steil
Clemente Horn Moore Tobocman
Condino Huizenga Moss Valentine
Constan Hune Nitz Walker
Corriveau Jackson Nofs Ward
Coulouris Johnson Opsommer Warren
Cushingberry Jones, Rick Palmer Wojno
Dean Jones, Robert Palsrok Young
DeRoche
Nays—0
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,”
The House agreed to the full title.
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
Senate Bill No. 1133, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44 (MCL 125.1444), as amended by 2004 PA 549.
The bill was read a second time.
Rep. Tobocman 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
Senate Bill No. 1133, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44 (MCL 125.1444), as amended by 2004 PA 549.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 171 Yeas—104
Accavitti DeRoche Knollenberg Pastor
Acciavatti Dillon Lahti Pavlov
Agema Donigan LaJoy Pearce
Amos Elsenheimer Law, David Polidori
Angerer Emmons Law, Kathleen Proos
Bauer Espinoza LeBlanc Robertson
Bennett Farrah Leland Rocca
Bieda Gaffney Lemmons Sak
Booher Gillard Lindberg Schuitmaker
Brandenburg Gonzales Marleau Scott
Brown Green Mayes Shaffer
Byrnes Griffin McDowell Sheen
Byrum Hammel Meadows Sheltrown
Calley Hammon Meekhof Simpson
Casperson Hansen Meisner Smith, Alma
Caswell Hildenbrand Melton Smith, Virgil
Caul Hood Meltzer Spade
Cheeks Hoogendyk Miller Stakoe
Clack Hopgood Moolenaar Steil
Clemente Horn Moore Tobocman
Condino Huizenga Moss Valentine
Constan Hune Nitz Walker
Corriveau Jackson Nofs Ward
Coulouris Johnson Opsommer Warren
Cushingberry Jones, Rick Palmer Wojno
Dean Jones, Robert Palsrok Young
Nays—1
Garfield
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,”
The House agreed to the full title.
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
Messages from the Senate
The Speaker laid before the House
House Bill No. 5443, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 32a (MCL 125.1432a), as amended by 2004 PA 535.
(The bill was received from the Senate on March 6, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 11, see House Journal No. 23, p. 417.)
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. 172 Yeas—104
Accavitti DeRoche Knollenberg Pastor
Acciavatti Dillon Lahti Pavlov
Agema Donigan LaJoy Pearce
Amos Elsenheimer Law, David Polidori
Angerer Emmons Law, Kathleen Proos
Bauer Espinoza LeBlanc Robertson
Bennett Farrah Leland Rocca
Bieda Gaffney Lemmons Sak
Booher Gillard Lindberg Schuitmaker
Brandenburg Gonzales Marleau Scott
Brown Green Mayes Shaffer
Byrnes Griffin McDowell Sheen
Byrum Hammel Meadows Sheltrown
Calley Hammon Meekhof Simpson
Casperson Hansen Meisner Smith, Alma
Caswell Hildenbrand Melton Smith, Virgil
Caul Hood Meltzer Spade
Cheeks Hoogendyk Miller Stakoe
Clack Hopgood Moolenaar Steil
Clemente Horn Moore Tobocman
Condino Huizenga Moss Valentine
Constan Hune Nitz Walker
Corriveau Jackson Nofs Ward
Coulouris Johnson Opsommer Warren
Cushingberry Jones, Rick Palmer Wojno
Dean Jones, Robert Palsrok Young
Nays—1
Garfield
In The Chair: Sak
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5446, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 32 (MCL 125.1432), as amended by 2004 PA 535.
(The bill was received from the Senate on March 6, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 11, see House Journal No. 23, p. 417.)
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. 173 Yeas—104
Accavitti DeRoche Knollenberg Pastor
Acciavatti Dillon Lahti Pavlov
Agema Donigan LaJoy Pearce
Amos Elsenheimer Law, David Polidori
Angerer Emmons Law, Kathleen Proos
Bauer Espinoza LeBlanc Robertson
Bennett Farrah Leland Rocca
Bieda Gaffney Lemmons Sak
Booher Gillard Lindberg Schuitmaker
Brandenburg Gonzales Marleau Scott
Brown Green Mayes Shaffer
Byrnes Griffin McDowell Sheen
Byrum Hammel Meadows Sheltrown
Calley Hammon Meekhof Simpson
Casperson Hansen Meisner Smith, Alma
Caswell Hildenbrand Melton Smith, Virgil
Caul Hood Meltzer Spade
Cheeks Hoogendyk Miller Stakoe
Clack Hopgood Moolenaar Steil
Clemente Horn Moore Tobocman
Condino Huizenga Moss Valentine
Constan Hune Nitz Walker
Corriveau Jackson Nofs Ward
Coulouris Johnson Opsommer Warren
Cushingberry Jones, Rick Palmer Wojno
Dean Jones, Robert Palsrok Young
Nays—1
Garfield
In The Chair: Sak
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 5626, 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.
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. Bieda 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. 5626, 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 174 Yeas—104
Accavitti DeRoche Jones, Robert Pastor
Acciavatti Dillon Knollenberg Pavlov
Agema Donigan Lahti Pearce
Amos Elsenheimer LaJoy Polidori
Angerer Emmons Law, David Proos
Bauer Espinoza Law, Kathleen Robertson
Bennett Farrah LeBlanc Rocca
Bieda Gaffney Leland Sak
Booher Garfield Lemmons Schuitmaker
Brandenburg Gillard Lindberg Scott
Brown Gonzales Marleau Shaffer
Byrnes Green Mayes Sheen
Byrum Griffin McDowell Sheltrown
Calley Hammel Meadows Simpson
Casperson Hammon Meekhof Smith, Alma
Caswell Hansen Meisner Smith, Virgil
Caul Hildenbrand Melton Spade
Cheeks Hood Meltzer Stakoe
Clack Hoogendyk Miller Steil
Clemente Hopgood Moolenaar Tobocman
Condino Horn Moore Valentine
Constan Huizenga Moss Walker
Corriveau Hune Nitz Ward
Coulouris Jackson Nofs Warren
Cushingberry Johnson Opsommer Wojno
Dean Jones, Rick Palsrok Young
Nays—1
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.
Reps. Accavitti, Brown, Condino, Constan, Corriveau, Espinoza, Farrah, Gonzales, Hopgood, Robert Jones, Leland, Mayes, Meadows, Polidori, Rocca, Sak and Scott were named co‑sponsors of the bill.
Second Reading of Bills
House Bill No. 5757, entitled
A bill to amend 1977 PA 72, entitled “The medicaid false claim act,” by amending sections 7 and 12 (MCL 400.607 and 400.612), section 7 as amended by 1984 PA 333.
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 not adopted, a majority of the members serving not voting therefor.
Rep. Corriveau 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. Corriveau 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. 5757, entitled
A bill to amend 1977 PA 72, entitled “The medicaid false claim act,” by amending sections 7 and 12 (MCL 400.607 and 400.612), section 7 as amended by 1984 PA 333.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 175 Yeas—105
Accavitti Dillon Knollenberg Pastor
Acciavatti Donigan Lahti Pavlov
Agema Elsenheimer LaJoy Pearce
Amos Emmons Law, David Polidori
Angerer Espinoza Law, Kathleen Proos
Bauer Farrah LeBlanc Robertson
Bennett Gaffney Leland Rocca
Bieda Garfield Lemmons Sak
Booher Gillard Lindberg Schuitmaker
Brandenburg Gonzales Marleau Scott
Brown Green Mayes Shaffer
Byrnes Griffin McDowell Sheen
Byrum Hammel Meadows Sheltrown
Calley Hammon Meekhof Simpson
Casperson Hansen Meisner Smith, Alma
Caswell Hildenbrand Melton Smith, Virgil
Caul Hood Meltzer Spade
Cheeks Hoogendyk Miller Stakoe
Clack Hopgood Moolenaar Steil
Clemente Horn Moore Tobocman
Condino Huizenga Moss Valentine
Constan Hune Nitz Walker
Corriveau Jackson Nofs Ward
Coulouris Johnson Opsommer Warren
Cushingberry Jones, Rick Palmer Wojno
Dean Jones, Robert Palsrok Young
DeRoche
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 1977 PA 72, entitled “The medicaid false claim act,” by amending sections 7 and 12 (MCL 400.607 and 400.612), section 7 as amended by 1984 PA 333, and by adding section 14.
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.
Reps. Accavitti, Bieda, Brandenburg, Brown, Byrum, Condino, Constan, Espinoza, Gillard, Griffin, Hammel, Hammon, Hildenbrand, Hopgood, Robert Jones, LaJoy, David Law, Kathleen Law, LeBlanc, Lemmons, Mayes, Melton, Pastor, Polidori, Sak, Schuitmaker, Scott, Simpson, Alma Smith, Spade, Tobocman, Valentine and Warren were named co‑sponsors of the bill.
Second Reading of Bills
House Bill No. 4151, 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-2) previously recommended by the Committee on Transportation,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Gaffney moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Gaffney 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. 4151, 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. 176 Yeas—64
Accavitti Donigan Law, David Robertson
Angerer Espinoza Law, Kathleen Rocca
Bauer Farrah LeBlanc Sak
Bieda Gaffney Leland Schuitmaker
Brandenburg Gillard Lemmons Sheltrown
Brown Gonzales Lindberg Smith, Alma
Byrnes Green McDowell Smith, Virgil
Calley Hammon Meadows Spade
Clack Hopgood Meisner Stakoe
Clemente Hune Nitz Steil
Condino Jackson Nofs Tobocman
Constan Johnson Palsrok Valentine
Corriveau Jones, Rick Pavlov Ward
Coulouris Jones, Robert Pearce Warren
Cushingberry Knollenberg Polidori Wojno
Dillon LaJoy Proos Young
Nays—41
Acciavatti DeRoche Horn Moore
Agema Elsenheimer Huizenga Moss
Amos Emmons Lahti Opsommer
Bennett Garfield Marleau Palmer
Booher Griffin Mayes Pastor
Byrum Hammel Meekhof Scott
Casperson Hansen Melton Shaffer
Caswell Hildenbrand Meltzer Sheen
Caul Hood Miller Simpson
Cheeks Hoogendyk Moolenaar Walker
Dean
In The Chair: Sak
The House agreed to the title of the bill.
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, March 18, at 1:30 p.m.
The motion prevailed.
Reps. Corriveau, Accavitti, Angerer, Bauer, Bieda, Brown, Byrum, Clack, Clemente, Condino, Constan, Cushingberry, Dean, Garfield, Gonzales, Griffin, Hammon, Hansen, Hildenbrand, Hopgood, LeBlanc, Leland, Lemmons, Mayes, Meadows, Melton, Miller, Moore, Palmer, Pastor, Pearce, Polidori, Sak, Sheltrown, Simpson, Valentine and Wojno offered the following resolution:
House Resolution No. 304.
A resolution to oppose the expenditure of any public funds for the purpose of clarifying or repeating any portion of the results of the Michigan presidential primary election conducted on January 15, 2008.
Whereas, Due to the change of the date on which the 2008 Michigan presidential primary election was held, issues have arisen nationally regarding the votes cast for Democratic candidates in the January 15, 2008, primary election in Michigan; and
Whereas, Nationwide attention is being paid to the issue of whether Michigan’s January 15, 2008, primary election of a candidate for the Democratic Party will be taken as it stands or whether the election must be repeated through a variety of possible methods; and
Whereas, In the event it is determined that a new vote must be taken for the Democratic Party candidates, it has been estimated that funds in the amount of $10 million may be needed to finance the new vote; and
Whereas, The state of Michigan and its citizens are in the midst of difficult economic times, and the appropriation of any more funds by the state for a repeat of the January 15, 2008, election would be fiscally irresponsible; now, therefore, be it
Resolved by the Michigan House of Representatives, That we oppose the expenditure of any public funds for the purpose of clarifying or repeating any portion of the results of the Michigan presidential primary election conducted on January 15, 2008; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the Governor.
The resolution was referred to the Committee on Ethics and Elections.
Reps. Rick Jones, Accavitti, Bauer, Bieda, Booher, Brown, Clack, Condino, Constan, Dean, Garfield, Gonzales, Hammel, Hammon, Hansen, Hildenbrand, Hopgood, Knollenberg, LaJoy, LeBlanc, Leland, Lemmons, Marleau, Mayes, Moore, Opsommer, Pastor, Pearce, Polidori, Proos, Sak, Shaffer, Sheltrown, Steil, Valentine and Wojno offered the following resolution:
House Resolution No. 305.
A resolution commemorating May 2008 as Motorcycle Safety Awareness Month in the state of Michigan.
Whereas, It is most appropriate to join with motorcyclists throughout the state of Michigan in commemorating May 2008 as Motorcycle Safety Awareness Month. This prudent observation elicits all Michigan motorists the opportunity to re-dedicate themselves to the utmost standards of highway safety; and
Whereas, The emergence of spring is synonymous with the return of motorcycle mavens to our state’s roadways. Throughout Michigan, motorcyclists have been on the cutting edge of promoting the wise and sensible use of this enjoyable mode of travel. Indeed, the disproportionate number of motorcycle fatalities makes it vitally important to encourage motorcyclists to understand and practice the highest degree of safety. It is also important to remind other drivers that highway safety is beneficial to all parties traveling on public roadways; and
Whereas, Motorcycle Safety Awareness Month encourages motorcycle operators to don proper protective riding attire; to maintain their motorcycles at a high level of safe operating conditions; to abide by the laws of the road; and to implement operating techniques providing an additional standard of safety. Additionally, car and truck drivers are informed of the fact that motorcyclists are resuming their travels on our public roadways, and each is encouraged to be exceptionally vigilant and watchful when approaching or passing a motorcycle on the highway. It is a distinct pleasure, on this occasion, to encourage all of those who share our streets that safety is every driver’s responsibility; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commemorate May 2008 as Motorcycle Safety Awareness Month in the state of Michigan. All of Michigan’s citizens are urged to identify and know the different types and scope of vehicles on our public roadways and to maintain a caring attitude toward proper allocations of lanes on the road, making the roads of our Great Lakes State safer for all.
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, March 13, for her approval of the following bills:
Enrolled House Bill No. 4940 at 10:40 a.m.
Enrolled House Bill No. 4941 at 10:42 a.m.
Enrolled House Bill No. 4945 at 10:44 a.m.
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Thursday, March 13:
House Bill Nos. 5880 5881 5882 5883 5884 5885 5886 5887 5888
House Joint Resolution SS
Senate Bill Nos. 1205 1206 1207
The Clerk announced that the following Senate bills had been received on Thursday, March 13:
Senate Bill Nos. 882 883 1115 1135 1168
Reports of Standing Committees
The Committee on Health Policy, by Rep. Simpson, Vice-Chair, reported
Senate Bill No. 486, entitled
A bill to amend 1971 PA 22, entitled “An act prescribing the age at which persons may donate their blood,” by amending section 1 (MCL 722.41), as amended by 1981 PA 228.
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. Simpson, Byrum, Corriveau, Coulouris, Donigan, Hammon, Robert Jones, Valentine, Wojno, Johnson, Gaffney, Hune, Marleau, Green, Calley, Robertson and Moore
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Simpson, Vice-Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Thursday, March 13, 2008
Present: Reps. Simpson, Byrum, Corriveau, Coulouris, Donigan, Hammon, Robert Jones, Valentine, Wojno, Johnson, Gaffney, Hune, Marleau, Green, Calley, Robertson and Moore
Absent: Reps. Angerer, Clack and Ball
Excused: Reps. Angerer, Clack and Ball
The Committee on Transportation, by Rep. Hopgood, Chair, reported
Senate Bill No. 82, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 710e (MCL 257.710e), as amended by 1999 PA 29.
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. Hopgood, Griffin, Accavitti, Bieda, Donigan, Leland, Mayes, Miller, Young, LaJoy, Casperson, Nitz, Pavlov and Knollenberg
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hopgood, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Thursday, March 13, 2008
Present: Reps. Hopgood, Griffin, Accavitti, Bieda, Donigan, Leland, Mayes, Miller, Young, LaJoy, Casperson, Nitz, Pavlov and Knollenberg
Absent: Reps. Ebli, Pearce and Stahl
Excused: Reps. Ebli, Pearce and Stahl
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Angerer, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Wednesday, March 12, 2008
Present: Reps. Angerer, Simpson, Byrum, Corriveau, Coulouris, Donigan, Hammon, Valentine, Wojno, Gaffney, Hune, Green, Robertson and Moore
Absent: Reps. Clack, Robert Jones, Johnson, Marleau, Ball and Calley
Excused: Reps. Clack, Robert Jones, Johnson, Marleau, Ball and Calley
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meadows, Chair, of the Committee on Retiree Health Care Reforms, was received and read:
Meeting held on: Thursday, March 13, 2008
Present: Reps. Meadows, Coulouris, Spade, Alma Smith, Valentine, Calley, Knollenberg and Moss
Absent: Reps. Johnson and Wenke
Excused: Reps. Johnson and Wenke
Messages from the Senate
House Bill No. 5184, entitled
A bill to authorize the state administrative board to accept and convey certain real property in Ingham county; to prescribe certain conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.
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. 5319, entitled
A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 141b (MCL 125.541b), as added by 1992 PA 144.
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. 4868, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending sections 4q and 4r (MCL 117.4q and 117.4r), section 4q as added by 2003 PA 316 and section 4r as added by 2003 PA 317.
The Senate has amended the bill as follows:
1. Amend page 2, line 8, after “$10,000.00.” by inserting “THIS SECTION DOES NOT AUTHORIZE A PROCEEDING AGAINST A FORECLOSING GOVERNMENTAL UNIT AS DEFINED UNDER SECTION 78 OF THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.78, OR AN AUTHORITY CREATED UNDER THE LAND BANK FAST TRACK ACT, 2003 PA 258, MCL 124.751 TO 124.774. THE CITY MAY WAIVE A FINE FOR A BLIGHT VIOLATION AT AN OWNER OCCUPIED DWELLING FOR A FIRST TIME OFFENDER OF A BLIGHT ORDINANCE, IF THE OFFENDER HAS CORRECTED THE CIRCUMSTANCES FOR THE VIOLATION.”.
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. 882, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 8 (MCL 205.427 and 205.428), section 7 as amended by 2004 PA 164 and section 8 as amended by 2005 PA 238.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 883, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 3 (MCL 205.53), as amended by 2004 PA 173.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 1115, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 431a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.
Senate Bill No. 1135, entitled
A bill to provide for the establishment of zoological authorities; to provide powers and duties of a zoological authority; to authorize the levy of a property tax by a zoological authority; and to provide for the powers and duties of certain government officials.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 1168, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 455.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Messages from the Governor
Date: March 12, 2008
Time: 12:55 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4220 (Public Act No. 22, I.E.), being
An act to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2004 PA 110.
(Filed with the Secretary of State March 12, 2008, at 1:19 p.m.)
Date: March 13, 2008
Time: 9:25 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5535 (Public Act No. 23, I.E.), being
An act to authorize the secretary of state to issue enhanced driver licenses and state personal identification cards to United States citizens who reside in Michigan to facilitate travel between the United States and Canada; to establish certain funds and prescribe duties for certain officials; and to prohibit certain conduct and prescribe penalties.
(Filed with the Secretary of State March 13, 2008, at 11:35 a.m.)
Date: March 13, 2008
Time: 9:28 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5536 (Public Act No. 24, I.E.), being
An act 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 11b of chapter XVII (MCL 777.11b), as amended by 2005 PA 207.
(Filed with the Secretary of State March 13, 2008, at 11:37 a.m.)
Date: March 13, 2008
Time: 9:35 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5582 (Public Act No. 25, I.E.), being
An act to amend 1945 PA 327, entitled “An act relating to aeronautics in this state; providing for the development and regulation thereof; creating a state aeronautics commission; prescribing powers and duties; providing for the licensing, or registration, or supervision and control of all aircraft, airports and landing fields, schools of aviation, flying clubs, airmen, aviation instructors, airport managers, manufacturers, dealers, and commercial operation in intrastate commerce; providing for rules pertaining thereto; prescribing a privilege tax for the use of the aeronautical facilities on the lands and waters of this state; providing for the acquisition, development, and operation of airports, landing fields, and other aeronautical facilities by the state, by political subdivisions, or by public airport authorities; providing for the incorporation of public airport authorities and providing for the powers, duties, and obligations of public airport authorities; providing for the transfer of airport management to public airport authorities, including the transfer of airport liabilities, employees, and operational jurisdiction; providing jurisdiction of crimes, torts, and contracts; providing police powers for those entrusted to enforce this act; providing for civil liability of owners, operators, and others; making hunting from aircraft unlawful; providing for repair station operators lien; providing for appeals from rules or orders issued by the commission; providing for the transfer from the Michigan board of aeronautics to the aeronautics commission all properties and funds held by the board of aeronautics; providing for a state aeronautics fund and making an appropriation therefor; prescribing penalties; and making uniform the law with reference to state development and regulation of aeronautics,” by amending section 203 (MCL 259.203), as amended by 2000 PA 404.
(Filed with the Secretary of State March 13, 2008, at 11:39 a.m.)
Date: March 13, 2008
Time: 9:38 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5583 (Public Act No. 26, I.E.), being
An act to amend 2000 PA 403, entitled “An act to prescribe a tax on the sale and use of certain types of fuel in motor vehicles on the public roads or highways of this state and on certain other types of gas; to prescribe the manner and the time of collection and payment of this tax and the duties of officials and others pertaining to the payment and collection of this tax; to provide for the licensing of persons involved in the sale, use, or transportation of motor fuel and the collection and payment of the tax imposed by this act; to prescribe fees; to prescribe certain other powers and duties of certain state agencies and other persons; to provide for exemptions and refunds and for the disposition of the proceeds of this tax; to provide for appropriations from the proceeds of this tax; to prescribe remedies and penalties for the violation of this act; and to repeal acts and parts of acts,” by amending sections 30 and 94 (MCL 207.1030 and 207.1094), section 30 as amended by 2002 PA 668.
(Filed with the Secretary of State March 13, 2008, at 11:41 a.m.)
Communications from State Officers
The following communication from the Strategic Economic Investment and Commercialization Board was received and read:
March 12, 2008
Consistent with the requirements of Section 88k(8) of the Michigan Strategic Fund Act, MCL 125.2088k(8), I am writing to provide notice that the Strategic Economic Investment & Commercialization (“SEIC’) Board intends to adopt a resolution (the “Proposed Resolution”) on April 9, 2008 implementing a change to the 21st Century Jobs Fund program. As you will note, the Proposed Resolution focuses the fiscal year 2008 competition on commercialization proposals submitted by for-profit companies in Michigan in the following sectors: advanced automotive, manufacturing and materials; alternative energy, homeland security and defense technology; and life sciences.
Prior to the adoption of the Proposed Resolution, the SEIC Board will conduct a public hearing to provide interested persons an opportunity to express any data, views or arguments regarding the Proposed Resolution. This hearing is scheduled for March 26, 2008, beginning at 9:00 a.m., and will be held in the Lake Michigan Conference Room of the Michigan Economic Development Corporation, located at 300 North Washington Square, Lansing, Michigan 48913.
Copies of the Notice of Public Hearing and the Proposed Resolution are attached for your review.
Sincerely,
Cindy Douglas
Director, Program Administration
Michigan Economic Development Corporation
The communication was referred to the Clerk.
Introduction of Bills
Reps. Hammon, Constan, Clack, Robert Jones, Hammel, Angerer, Hopgood, Meadows, Polidori, Brown, Lemmons, Byrnes, Alma Smith, Simpson, Jackson, Vagnozzi, Johnson, Bauer, Kathleen Law, Dean, Espinoza and Melton introduced
House Bill No. 5889, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding article 16.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Hammon, Constan, Clemente, Clack, Robert Jones, Hammel, Angerer, Hopgood, LeBlanc, Accavitti, Meadows, Polidori, Brown, Lemmons, Alma Smith, Simpson, Jackson, Vagnozzi, Johnson, Kathleen Law, Dean, Espinoza and Melton introduced
House Bill No. 5890, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 12102.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Vagnozzi, Robert Jones, Polidori, Constan, Clack, Alma Smith, Warren, Bauer, Miller, Simpson, Meisner, Coulouris, Kathleen Law and Ward introduced
House Bill No. 5891, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 759e.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Reps. Espinoza, Rick Jones, Polidori, Gonzales, Spade, Brown, Stahl, Condino, Alma Smith, Warren and Hammel introduced
House Bill No. 5892, entitled
A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 717 (MCL 484.1717), as amended by 2007 PA 165.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Rep. Tobocman introduced
House Bill No. 5893, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 201 and 203 (MCL 208.1201 and 208.1203), section 201 as amended by 2007 PA 145.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Jackson and Alma Smith introduced
House Bill No. 5894, entitled
A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 34b (MCL 400.734b), as added by 2006 PA 29.
The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.
Rep. Clemente introduced
House Bill No. 5895, entitled
A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 2 (MCL 207.552), as amended by 2007 PA 146.
The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.
Rep. Clemente introduced
House Bill No. 5896, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2007 PA 116.
The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.
Reps. Condino and Bieda introduced
House Bill No. 5897, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1d of chapter IV (MCL 764.1d), as added by 1980 PA 506.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Moolenaar, Horn, Mayes, Espinoza, Coulouris, Caul, Opsommer, Moore, Emmons, Nofs, Corriveau and Walker introduced
House Bill No. 5898, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 430.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Mayes, Horn, Moolenaar, Espinoza, Coulouris, Caul, Opsommer, Moore, Emmons, Nofs, Corriveau and Walker introduced
House Bill No. 5899, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9nn.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Condino, Bieda, Polidori, Corriveau, Accavitti, Virgil Smith, Meadows, Wojno, Kathleen Law, Leland, Johnson, Jackson, Donigan, Robert Jones, Dean and Hammon introduced
House Bill No. 5900, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending the title and section 23 (MCL 780.773), the title as amended by 1988 PA 22 and section 23 as amended by 1988 PA 21, and by adding section 12a.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Corriveau, Bieda, Polidori, Accavitti, Virgil Smith, Meadows, Wojno, Kathleen Law, Leland, Johnson, Jackson, Condino, Dean and Hammon introduced
House Bill No. 5901, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 82 (MCL 780.832), as added by 1988 PA 21, and by adding section 72a.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Coulouris, Bieda, Polidori, Corriveau, Accavitti, Virgil Smith, Meadows, Wojno, Kathleen Law, Leland, Johnson, Jackson, Condino, Dean and Hammon introduced
House Bill No. 5902, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 50 (MCL 780.800), as added by 1988 PA 22, and by adding section 40a.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Johnson, Tobocman, Melton, Hammel, Bieda, Accavitti, Miller, Jackson, Hammon and Gillard introduced
House Bill No. 5903, entitled
A bill to require disclosure of certain information in connection with refund anticipation loans; to prescribe certain duties and obligations of the parties to a refund anticipation loan; and to prescribe penalties.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Announcements by the Clerk
March 12, 2008
Received from the Auditor General a copy of the following audit report and/or report summary:
Financial audit of the Michigan Early Childhood Investment Corporation (ECIC), a discretely presented component unit of the State of Michigan, for the period October 1, 2005 through September 30, 2006.
Richard J. Brown
Clerk of the House
______
Rep. Melton moved that the House adjourn.
The motion prevailed, the time being 3:55 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, March 18, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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