No. 33

State of MichigaN

JOURNAL

of the

House of Representatives

94th Legislature

RegULaR SeSSioN of 2008

House Chamber, Lansing, Tuesday, April 15, 2008.

1:30 p.m.

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

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

Accavitti—present Dillon—present Lahti—present Pearce—present

Acciavatti—excused 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—excused Gonzales—present McDowell—present Sheltrown—present

Brown—present Green—present Meadows—present Simpson—present

Byrnes—present Griffin—present Meekhof—present Smith, Alma—present

Byrum—present Hammel—present Meisner—present Smith, Virgil—present

Calley—present Hammon—present Melton—present Spade—present

Casperson—present Hansen—present Meltzer—present Stahl—present

Caswell—present Hildenbrand—present Miller—present Stakoe—present

Caul—present Hood—present Moolenaar—present Steil—present

Cheeks—present Hoogendyk—present Moore—present Tobocman—present

Clack—present Hopgood—present Moss—present Vagnozzi—present

Clemente—present Horn—present Nitz—present Valentine—present

Condino—present Huizenga—present Nofs—present Walker—present

Constan—present Hune—present Opsommer—present Ward—present

Corriveau—present Jackson—present Palmer—present Warren—present

Coulouris—present Johnson—present Palsrok—present Wenke—present

Cushingberry—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. David Palsrok, from the 101st District, offered the following invocation:

“Good God in Heaven, thank You for the blue sky and bright sunshine we are blessed with on this glorious day in the state capitol. Heavenly Father, as we gather in this grand Chamber, we are reminded of the rich history of this special building. Lord, let us not forget the dedication and commitment to good public policy, of all of those who served here in the past. Lord, we pray that You give us the dedication and commitment, as we seek to serve all those who call this great state home. This we pray in the name of Jesus Christ, Amen.”

______

Rep. Booher moved that Reps. Acciavatti and Brandenburg be excused from today’s session.

The motion prevailed.

Rep. Cushingberry asked and obtained an excuse from tomorrow’s session.

Second Reading of Bills

house Bill No. 5420, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2109, 2115, 2403, and 2603 (MCL 500.2109, 500.2115, 500.2403, and 500.2603), section 2115 as amended by 1980 PA 461 and section 2403 as amended by 1993 PA 200.

The bill was read a second time.

Rep. Cheeks 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. 5420, entitled

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

Roll call No. 264 Yeas—57

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Hammel McDowell Vagnozzi

Clemente Hammon Meadows Valentine

Condino Hood Meisner Warren

Constan Hopgood Melton Wojno

Corriveau Jackson Miller Young

Coulouris

Nays—50

Agema Griffin Meltzer Proos

Amos Hansen Moolenaar Robertson

Ball Hildenbrand Moore Rocca

Booher Hoogendyk Moss Schuitmaker

Calley Horn Nitz Shaffer

Casperson Huizenga Nofs Sheen

Caswell Hune Opsommer Stahl

Caul Jones, Rick Palmer Stakoe

Elsenheimer Knollenberg Palsrok Steil

Emmons LaJoy Pastor Walker

Gaffney Law, David Pavlov Ward

Garfield Marleau Pearce Wenke

Green Meekhof

In The Chair: Sak

The House agreed to the title of the bill.

______

Rep. DeRoche entered the House Chambers.

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

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

Rep. Hildenbrand demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll call No. 265 Yeas—57

Accavitti Dean Johnson Polidori

Angerer Dillon Jones, Robert Sak

Bauer Donigan Lahti Scott

Bennett Ebli Law, Kathleen Sheltrown

Bieda Espinoza LeBlanc Simpson

Brown Farrah Leland Smith, Alma

Byrnes Gillard Lemmons Smith, Virgil

Byrum Gonzales Lindberg Spade

Cheeks Griffin Mayes Tobocman

Clack Hammel McDowell Vagnozzi

Clemente Hammon Meadows Valentine

Condino Hood Meisner Warren

Constan Hopgood Melton Wojno

Corriveau Jackson Miller Young

Coulouris

Nays—50

Agema Green Meltzer Proos

Amos Hansen Moolenaar Robertson

Ball Hildenbrand Moore Rocca

Booher Hoogendyk Moss Schuitmaker

Calley Horn Nitz Shaffer

Casperson Huizenga Nofs Sheen

Caswell Hune Opsommer Stahl

Caul Jones, Rick Palmer Stakoe

DeRoche Knollenberg Palsrok Steil

Elsenheimer LaJoy Pastor Walker

Emmons Law, David Pavlov Ward

Gaffney Marleau Pearce Wenke

Garfield Meekhof

In The Chair: Sak

Second Reading of Bills

house Bill No. 5558, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2114 (MCL 500.2114).

The bill was read a second time.

Rep. Jackson 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 Rep. 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

house Bill No. 5558, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2114 (MCL 500.2114).

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

Roll call No. 266 Yeas—61

Accavitti Dean Jones, Robert Polidori

Angerer Dillon Lahti Rocca

Bauer Donigan Law, Kathleen Sak

Bennett Ebli LeBlanc Scott

Bieda Espinoza Leland Sheltrown

Brown Farrah Lemmons Simpson

Byrnes Gaffney Lindberg Smith, Alma

Byrum Gillard Mayes Smith, Virgil

Caswell Gonzales McDowell Spade

Cheeks Hammel Meadows Tobocman

Clack Hammon Meisner Vagnozzi

Clemente Hood Melton Valentine

Condino Hopgood Miller Warren

Constan Jackson Moore Wojno

Corriveau Johnson Nofs Young

Coulouris

Nays—46

Agema Griffin Meekhof Proos

Amos Hansen Meltzer Robertson

Ball Hildenbrand Moolenaar Schuitmaker

Booher Hoogendyk Moss Shaffer

Calley Horn Nitz Sheen

Casperson Huizenga Opsommer Stahl

Caul Hune Palmer Stakoe

DeRoche Jones, Rick Palsrok Steil

Elsenheimer Knollenberg Pastor Walker

Emmons LaJoy Pavlov Ward

Garfield Law, David Pearce Wenke

Green Marleau

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Rep. Schuitmaker demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll call No. 267 Yeas—62

Accavitti Dean Jones, Robert Polidori

Angerer Dillon Lahti Rocca

Ball Donigan Law, Kathleen Sak

Bauer Ebli LeBlanc Scott

Bennett Espinoza Leland Sheltrown

Bieda Farrah Lemmons Simpson

Brown Gaffney Lindberg Smith, Alma

Byrnes Gillard Mayes Smith, Virgil

Byrum Gonzales McDowell Spade

Cheeks Griffin Meadows Tobocman

Clack Hammel Meisner Vagnozzi

Clemente Hammon Melton Valentine

Condino Hood Miller Warren

Constan Hopgood Moore Wojno

Corriveau Jackson Nofs Young

Coulouris Johnson

Nays—45

Agema Hansen Meekhof Proos

Amos Hildenbrand Meltzer Robertson

Booher Hoogendyk Moolenaar Schuitmaker

Calley Horn Moss Shaffer

Casperson Huizenga Nitz Sheen

Caswell Hune Opsommer Stahl

Caul Jones, Rick Palmer Stakoe

DeRoche Knollenberg Palsrok Steil

Elsenheimer LaJoy Pastor Walker

Emmons Law, David Pavlov Ward

Garfield Marleau Pearce Wenke

Green

In The Chair: Sak

Second Reading of Bills

house Bill No. 5559, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2418 and 2618 (MCL 500.2418 and 500.2618), section 2418 as amended by 1993 PA 200.

The bill was read a second time.

Rep. Polidori 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. Meekhof moved that Rep. Huizenga be excused from the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

third Reading of Bills

house Bill No. 5559, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2418 and 2618 (MCL 500.2418 and 500.2618), section 2418 as amended by 1993 PA 200.

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

Roll call No. 268 Yeas—61

Accavitti Dean Jones, Robert Polidori

Angerer Dillon Lahti Rocca

Bauer Donigan Law, Kathleen Sak

Bennett Ebli LeBlanc Scott

Bieda Espinoza Leland Sheltrown

Brown Farrah Lemmons Simpson

Byrnes Gaffney Lindberg Smith, Alma

Byrum Gillard Mayes Smith, Virgil

Caswell Gonzales McDowell Spade

Cheeks Hammel Meadows Tobocman

Clack Hammon Meisner Vagnozzi

Clemente Hood Melton Valentine

Condino Hopgood Miller Warren

Constan Jackson Moore Wojno

Corriveau Johnson Nofs Young

Coulouris

Nays—45

Agema Griffin Meekhof Proos

Amos Hansen Meltzer Robertson

Ball Hildenbrand Moolenaar Schuitmaker

Booher Hoogendyk Moss Shaffer

Calley Horn Nitz Sheen

Casperson Hune Opsommer Stahl

Caul Jones, Rick Palmer Stakoe

DeRoche Knollenberg Palsrok Steil

Elsenheimer LaJoy Pastor Walker

Emmons Law, David Pavlov Ward

Garfield Marleau Pearce Wenke

Green

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Rep. Schuitmaker demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll call No. 269 Yeas—62

Accavitti Dean Jones, Robert Polidori

Angerer Dillon Lahti Rocca

Ball Donigan Law, Kathleen Sak

Bauer Ebli LeBlanc Scott

Bennett Espinoza Leland Sheltrown

Bieda Farrah Lemmons Simpson

Brown Gaffney Lindberg Smith, Alma

Byrnes Gillard Mayes Smith, Virgil

Byrum Gonzales McDowell Spade

Cheeks Griffin Meadows Tobocman

Clack Hammel Meisner Vagnozzi

Clemente Hammon Melton Valentine

Condino Hood Miller Warren

Constan Hopgood Moore Wojno

Corriveau Jackson Nofs Young

Coulouris Johnson

Nays—44

Agema Green Meekhof Proos

Amos Hansen Meltzer Robertson

Booher Hildenbrand Moolenaar Schuitmaker

Calley Hoogendyk Moss Shaffer

Casperson Horn Nitz Sheen

Caswell Hune Opsommer Stahl

Caul Jones, Rick Palmer Stakoe

DeRoche Knollenberg Palsrok Steil

Elsenheimer LaJoy Pastor Walker

Emmons Law, David Pavlov Ward

Garfield Marleau Pearce Wenke

In The Chair: Sak

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Jackson to the Chair.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved to vacate the enrollment of house Bill No. 5600.

The motion prevailed.

Messages from the Senate

house Bill No. 5600, entitled

A bill to amend 1996 PA 376, entitled “An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,” by amending sections 4, 8a, and 12 (MCL 125.2684, 125.2688a, and 125.2692), section 4 as amended by 2006 PA 440, section 8a as amended by 2006 PA 476, and section 12 as amended by 2002 PA 745.

(The bill was enrolled on March 20, see House Journal No. 29, p. 596.)

Rep. Tobocman moved that Rule 63 be suspended.

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

Rep. Tobocman moved to reconsider the vote by which the House concurred in the Senate substitute (S3).

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

The question being on concurring in the substitute (S3) made to the bill by the Senate,

Rep. Meisner moved to amend the Senate substitute (S3) as follows:

1. Amend page 4, line 5, after “2008,” by striking out “AND”.

2. Amend page 4, line 6, after “CREATION” by inserting a comma and “aND the coUNtY iN Which the PoRtioN oR PoRtioNS of the ReNaiSSaNce ZoNe aRe LocateD coNSeNtS to eXteND the DURatioN of ReNaiSSaNce ZoNe StatUS”.

3. Amend page 10, line 5, by striking out all of section 12.

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

The question being on concurring in the substitute (S3) made to the bill by the Senate,

The substitute (S3), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll call No. 270 Yeas—105

Accavitti Ebli Law, David Polidori

Agema Elsenheimer Law, Kathleen Proos

Amos Emmons LeBlanc Robertson

Angerer Espinoza Leland Rocca

Ball Farrah Lemmons Sak

Bauer Gaffney Lindberg Schuitmaker

Bennett Gillard Marleau Scott

Bieda Gonzales Mayes Shaffer

Booher Green McDowell Sheen

Brown Griffin Meadows Sheltrown

Byrnes Hammel Meekhof Simpson

Byrum Hammon Meisner Smith, Alma

Calley Hansen Melton Smith, Virgil

Casperson Hildenbrand Meltzer Spade

Caswell Hood Miller Stahl

Caul Hoogendyk Moolenaar Stakoe

Cheeks Hopgood Moore Steil

Clack Horn Moss Tobocman

Clemente Hune Nitz Vagnozzi

Condino Jackson Nofs Valentine

Constan Johnson Opsommer Walker

Corriveau Jones, Rick Palmer Ward

Coulouris Jones, Robert Palsrok Warren

Dean Knollenberg Pastor Wenke

DeRoche Lahti Pavlov Wojno

Dillon LaJoy Pearce Young

Donigan

Nays—1

Garfield

In The Chair: Jackson

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 1996 PA 376, entitled “An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,” by amending sections 4 and 8a (MCL 125.2684 and 125.2688a), section 4 as amended by 2006 PA 440 and section 8a as amended by 2006 PA 476.

The motion prevailed.

The House agreed to the title as amended.

______

The Speaker Pro Tempore resumed the Chair.

Second Reading of Bills

house Bill No. 4817, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 675d and 742 (MCL 257.675d and 257.742), section 675d as amended by 2004 PA 49 and section 742 as amended by 2000 PA 268.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Transportation (for amendments, see House Journal No. 130 of 2007, p. 2431),

The amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Green moved to substitute (H1) the bill.

The motion prevailed and the substitute (H1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. 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. 4817, entitled

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

Roll call No. 271 Yeas—82

Agema Dillon Jones, Robert Opsommer

Amos Donigan Knollenberg Pavlov

Angerer Ebli Lahti Pearce

Ball Elsenheimer LaJoy Proos

Bauer Emmons Law, David Robertson

Bieda Espinoza Law, Kathleen Sak

Booher Farrah LeBlanc Schuitmaker

Brown Gaffney Leland Scott

Byrnes Gillard Lemmons Shaffer

Byrum Gonzales Lindberg Sheltrown

Calley Green Marleau Simpson

Caul Griffin Mayes Smith, Virgil

Cheeks Hammel McDowell Spade

Clack Hammon Meadows Stahl

Clemente Hansen Meekhof Stakoe

Condino Hildenbrand Meisner Tobocman

Corriveau Hopgood Melton Valentine

Coulouris Horn Moss Walker

Cushingberry Jackson Nitz Wenke

Dean Johnson Nofs Wojno

DeRoche Jones, Rick

Nays—25

Accavitti Hoogendyk Palmer Smith, Alma

Bennett Hune Palsrok Steil

Casperson Meltzer Pastor Vagnozzi

Caswell Miller Polidori Ward

Constan Moolenaar Rocca Warren

Garfield Moore Sheen Young

Hood

In The Chair: Sak

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Sak, Bauer, Booher, Ball, Bieda, Calley, Caul, Cheeks, Clemente, Condino, Constan, Cushingberry, Dean, Elsenheimer, Garfield, Gonzales, Green, Hammel, Hammon, Hansen, Hildenbrand, Hopgood, Rick Jones, Robert Jones, Lahti, LaJoy, Kathleen Law, Leland, Lemmons, Marleau, Meisner, Miller, Nitz, Palmer, Pearce, Polidori, Proos, Schuitmaker, Shaffer, Simpson, Alma Smith, Spade, Stahl, Steil, Tobocman, Valentine, Warren and Wojno offered the following resolution:

house Resolution No. 325.

A resolution designating April 15, 2008, as Community College Day in the state of Michigan.

Whereas, The first Michigan twoyear college, Grand Rapids Junior College, opened in 1914. It provided recent high school graduates with two years of general education classes preparing them for future education or workforce experience; and

Whereas, Twentyseven additional community colleges have been established throughout Michigan since 1914. The community colleges of Michigan are Alpena Community College, Bay College, Delta College, Glen Oaks Community College, Gogebic Community College, Grand Rapids Community College, Henry Ford Community College, Jackson Community College, Kalamazoo Valley Community College, Kellogg Community College, Kirtland Community College, Lake Michigan College, Lansing Community College, Macomb Community College, Mid Michigan Community College, Monroe County Community College, Montcalm Community College, Mott Community College, Muskegon Community College, North Central Michigan College, Northwestern Michigan College, Oakland Community College, St. Clair County Community College, Schoolcraft College, Southwestern Michigan College, Washtenaw Community College, Wayne County Community College District, and West Shore Community College. These institutions educate nearly a halfmillion students each year; and

Whereas, Michigan community colleges have developed and evolved their educational offerings to include stateoftheart technical and vocational programs while maintaining high academic standards; and

Whereas, Our state’s community colleges are now recognized as leaders in workforce preparation, training, and retraining as well as offering community services and cultural opportunities to Michigan communities; and

Whereas, Students investing in a Michigan community college education enjoy an attractive 19 percent annual return on that investment; and

Whereas, The role community colleges play in Michigan’s economic development continues to be more vital as our state’s workforce looks to compete both nationally and globally for the jobs of tomorrow; now, therefore, be it

Resolved in the House of Representatives, That the members of this legislative body recognize April 15, 2008, as Community College Day in the state of Michigan and urge the appropriate observance; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Community College Association members as a token of our appreciation.

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.

Reps. Warren, Accavitti, Ball, Bauer, Bieda, Cheeks, Condino, Constan, Cushingberry, Dean, Gonzales, Hammel, Hammon, Hansen, Hopgood, Robert Jones, Lahti, Kathleen Law, Leland, Lemmons, Meisner, Miller, Nitz, Pearce, Polidori, Sak, Schuitmaker, Shaffer, Alma Smith, Spade, Stahl, Tobocman, Valentine and Wojno offered the following resolution:

house Resolution No. 326.

A resolution designating April 2027, 2008, as Land Preservation Week in the state of Michigan.

Whereas, The Michigan Legislature is constitutionally charged with the responsibility to protect and preserve the natural resources of this great state; and

Whereas, The state of Michigan is blessed with an abundance of natural resources: plentiful lakes, rivers, and streams; bountiful wetlands and sand dunes; and precious forests. These resources provide Michigan residents and visitors to this great state a high quality of life; and

Whereas, The Legislature has acknowledged the sensitive nature of these resources through a number of environmental programs designed to keep our resource base healthy, while allowing for wise and continuous use of these natural resources; and

Whereas, Michigan’s economic, environmental, and social futures are all dependent on the wise use of the state’s 37 million acres; and

Whereas, Twentyfirst century prosperity is inextricably linked to the quality of life this or any state provides to its residents, businesses, and entrepreneurs it wishes to attract; and

Whereas, Michigan’s landbased industries, including agriculture, tourism, forestry, and mining, currently account for more than $37.6 billion (17 percent) of Michigan’s yearly economic output; and

Whereas, Those same industries contribute immensely to the character of Michigan’s landscape, while at the same time supplying the products that sustain and enhance our lives; and

Whereas, In many areas of the state, certain development of open spaces may be altering the character of Michigan’s landscapes and threatening those landbased industries; and

Whereas, The ecological services provided by open space, greenways, and other green infrastructure are incalculable; and

Whereas, Through the Michigan Natural Resources Trust Fund, the Farmland and Open Space Preservation Program, and the growth and development of both public and private land preservation programs at the local level, significant landscapes have been protected for future generations; and

Whereas, Through the efforts of Michigan land conservancies, more than 400,000 acres of coastline, forests, unique agricultural lands, and other special lands have been protected for future generations of Michigan citizens; and

Whereas, Land Preservation Week will offer local conservation groups and educators an opportunity to educate students and community members on the necessity of preserving Michigan’s landbased natural resources in a sustainable manner to provide enjoyment to both current and future generations; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body designate April 2027, 2008, which is the second annual Conservation Week, as Land Preservation Week in the state of Michigan. We urge the citizens of the state to celebrate and commemorate the heritage of land preservation and its role in maintaining and enhancing the landbased natural resources of the state and preserving the high quality of life available to those who live, work, and recreate in the state; and be it further

Resolved, That copies of this resolution be transmitted to Rebecca Humphries, Director of the Department of Natural Resources; the Natural Resources Commission; Steve Chester, Director of the Department of Environmental Quality; Senator Patricia Birkholz, Chair of the Senate Committee on Natural Resources and the Environment; Representative Joel Sheltrown, Chair of the House Committee on Tourism, Outdoor Recreation and Natural Resources; Senate Majority Leader Mike Bishop; Speaker of the House Andy Dillon; Governor Jennifer Granholm; the Michigan Chapter of The Nature Conservancy, the Heart of the Lakes Nature Conservancy; and all other state and local conservation groups.

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 that the following bill had been printed and placed upon the files of the members on Thursday, April 10:

house Bill No. 5983

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Friday, April 11:

house Bill Nos. 5968 5969 5970 5971 5972 5973 5974 5975 5976 5977 5978 5979 5980 5981

5982 5984

house Joint Resolutions UU VV WW

The Clerk announced that the following joint resolution had been printed and placed upon the files of the members on Tuesday, April 15:

Senate Joint Resolution L

The Clerk announced that the following Senate bill had been received on Tuesday, April 15:

Senate Bill No. 816

Reports of Standing committees

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported

house Bill No. 4490, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 12 and 12b (MCL 28.432 and 28.432b), section 12 as amended by 2006 PA 75 and section 12b as added by 1982 PA 182, and by adding section 9d; and to repeal acts and parts of acts.

With the recommendation that the substitute (H2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Sheltrown, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson, Walker and Horn

Nays: None

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported

house Bill No. 4491, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 224b and 231a (MCL 750.224b and 750.231a), section 231a as amended by 2002 PA 82; and to repeal acts and parts of acts.

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. Sheltrown, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson, Walker and Horn

Nays: None

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported

house Bill No. 5108, entitled

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. Sheltrown, Brown, Hammon, Lindberg, Simpson, Casperson, Walker, Stakoe and Horn

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:

Meeting held on: Tuesday, April 15, 2008

Present: Reps. Sheltrown, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson, Walker, Stakoe and Horn

Absent: Rep. Ebli

Excused: Rep. Ebli

The Committee on Senior Health, Security, and Retirement, by Rep. Robert Jones, Chair, reported

Senate Bill No. 1161, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20173a (MCL 333.20173a), as added by 2006 PA 28.

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. Robert Jones, Hopgood, Lemmons, Warren, Ball, Sheen and Stahl

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Robert Jones, Chair, of the Committee on Senior Health, Security, and Retirement, was received and read:

Meeting held on: Tuesday, April 15, 2008

Present: Reps. Robert Jones, Hopgood, Lemmons, Warren, Ball, Sheen and Stahl

Absent: Reps. Constan and Green

Excused: Reps. Constan and Green

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

house Bill No. 5411, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1312a.

With the recommendation that the substitute (H1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Melton, Valentine, Angerer, Brown, Byrum, Clack, Corriveau, Dean, Hopgood, Lindberg, Meisner, Miller, Polidori, Scott, Moolenaar, Emmons, Hoogendyk, Steil, Pearce, Schuitmaker, Knollenberg, Opsommer and Pavlov

Nays: None

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

house Bill No. 5832, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1312b.

With the recommendation that the substitute (H1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 15, 2008

Present: Reps. Melton, Valentine, Angerer, Brown, Byrum, Clack, Corriveau, Dean, Hopgood, Lindberg, Meisner, Miller, Polidori, Scott, Moolenaar, Emmons, Hoogendyk, Steil, Pearce, Schuitmaker, Knollenberg, Opsommer and Pavlov

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 15, 2008

Present: Reps. Meisner, Robert Jones, Byrum, Clemente, Coulouris, Dean, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Rick Jones, Knollenberg and Meltzer

Absent: Reps. Accavitti and Stakoe

Excused: Reps. Accavitti and Stakoe

Messages from the Senate

house Bill No. 5344, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2008; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The Senate has appointed Senators Bishop, Jelinek and Switalski as conferees to join with Representatives Cushingberry, Gillard and Acciavatti.

The bill was referred to the Conference Committee.

house Bill No. 5531, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11j, 22a, 22b, 22d, 32b, 32c, 51a, 51c, 99c, and 104 (MCL 388.1611, 388.1611j, 388.1622a, 388.1622b, 388.1622d, 388.1632b, 388.1632c, 388.1651a, 388.1651c, 388.1699c, and 388.1704), as amended by 2007 PA 137, and by adding sections 31h, 32e, 54c, 99h, 99m, 99n, and 99p.

The Senate has appointed Senators Jelinek, Brown and Switalski as conferees to join with Representatives Cushingberry, Gillard and Acciavatti.

The bill was referred to the Conference Committee.

house Bill No. 5607, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 80114a.

The Senate has substituted (S1) the bill.

The Senate has passed the bill as substituted (S1), 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. 1187, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending sections 3 and 5 (MCL 207.803 and 207.805), section 3 as amended by 2007 PA 62 and section 5 as amended by 2003 PA 248.

The Senate has substituted (S5) the House substitute (H1).

The Senate has concurred in the House substitute (H1) as substituted (S5) and amended the title to read as follows:

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending sections 3 and 5 (MCL 207.803 and 207.805), section 3 as amended by 2008 PA 87 and section 5 as amended by 2003 PA 248.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 816, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 19 (MCL 125.2169), as amended by 1993 PA 333.

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tourism, Outdoor Recreation and Natural Resources from further consideration of Senate Bill No. 1223.

Rep. Tobocman

introduction of Bills

Reps. Rick Jones, Steil, Stahl, Robertson, Wenke, Hoogendyk, Miller, Opsommer, Calley, Agema, Knollenberg, Casperson, Simpson, Horn and LaJoy introduced

house Bill No. 5985, entitled

The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Rep. Sak introduced

house Bill No. 5986, entitled

A bill to create certain property rights in attributes of an individual that have commercial value; to recognize transfer of those rights; to provide exceptions for certain purposes and entities; and to provide remedies.

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

Rep. Hammel introduced

house Bill No. 5987, entitled

A bill to amend 1982 PA 325, entitled “An act to authorize county sheriffs to declare a county jail overcrowding state of emergency; to prescribe the powers and duties of certain judges, county sheriffs, and other county officials; and to provide remedies for a county jail overcrowding state of emergency,” by amending section 6 (MCL 801.56), as amended by 1988 PA 399.

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

Rep. Condino introduced

house Bill No. 5988, entitled

A bill to amend 1987 PA 248, entitled “Airport parking tax act,” by amending section 3 (MCL 207.373), as amended by 2002 PA 680; and to repeal acts and parts of acts.

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

Reps. Pavlov, Agema, Acciavatti, Meltzer, Rocca, Palmer, Opsommer, Emmons, Nitz, LaJoy, Moss, Stakoe, Hoogendyk, Horn, Knollenberg, Amos, Robertson, Hansen, Booher, Proos, Shaffer, Casperson, David Law, Brandenburg, Pastor, Steil, Caswell, Rick Jones, Stahl, Huizenga, Sheen, Moolenaar, Caul, Nofs, Moore, Hildenbrand, Schuitmaker, Calley, Meekhof, Hune, Walker, Palsrok and DeRoche introduced

house Bill No. 5989, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2007 PA 94.

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

______

Rep. Lindberg moved that the House adjourn.

The motion prevailed, the time being 3:55 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, April 16, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives

720 JOURNAL OF THE HOUSE [April 15, 2008] [No. 33

No. 33] [April 15, 2008] JOURNAL OF THE HOUSE 721

722 JOURNAL OF THE HOUSE [April 15, 2008] [No. 33

No. 33] [April 15, 2008] JOURNAL OF THE HOUSE 723

724 JOURNAL OF THE HOUSE [April 15, 2008] [No. 33

No. 33] [April 15, 2008] JOURNAL OF THE HOUSE 725

726 JOURNAL OF THE HOUSE [April 15, 2008] [No. 33

No. 33] [April 15, 2008] JOURNAL OF THE HOUSE 727

728 JOURNAL OF THE HOUSE [April 15, 2008] [No. 33

No. 33] [April 15, 2008] JOURNAL OF THE HOUSE 729

730 JOURNAL OF THE HOUSE [April 15, 2008] [No. 33

No. 33] [April 15, 2008] JOURNAL OF THE HOUSE 731

732 JOURNAL OF THE HOUSE [April 15, 2008] [No. 33

No. 33] [April 15, 2008] JOURNAL OF THE HOUSE 733

734 JOURNAL OF THE HOUSE [April 15, 2008] [No. 33

No. 33] [April 15, 2008] JOURNAL OF THE HOUSE 735

736