No. 62

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Tuesday, June 24, 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—present Donigan—present LaJoy—present Polidori—present

Agema—present Ebli—present Law, David—present Proos—present

Amos—present Elsenheimer—present Law, Kathleen—present Robertson—present

Angerer—present Emmons—present LeBlanc—present Rocca—present

Ball—present Espinoza—present Leland—present Sak—present

Bauer—present Farrah—present Lemmons—excused Schuitmaker—present

Bennett—present Gaffney—present Lindberg—present Scott—present

Bieda—present Garfield—present Marleau—present Shaffer—present

Booher—present Gillard—present Mayes—present Sheen—present

Brandenburg—present Gonzales—present McDowell—present Sheltrown—present

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

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

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

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

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

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

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

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

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

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

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

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

Corriveau—present Jackson—present Palmer—excused 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—present Knollenberg—present

e/d/s = entered during session

Rep. Lorence Wenke, from the 63rd District, offered the following invocation:

“Almighty God –

We begin our sessions with prayer to You, to thank You for Your presence and acknowledge our dependence upon You.

You are the Creator of the universe; You have given each of us a tiny place in a world of incomprehensible distance and time.

You are eternal, all powerful, present everywhere and the source of all knowledge.

You have created each of us to have a beginning at conception from our earthly mothers and fathers, a body that will experience death and a soul that will exist for eternity.

You are perfect and rule the world without error and with a perfect balance of justice and mercy.

You have created us to experience great joy and great sorrow.

Today we ask for Your comfort, blessing and help for our neighbors who have special needs.

Bless our neighbor for whom war is not just a news story, but a matter of blood and tears and fear and loneliness.

Bless our neighbors for whom earthquakes, fire, floods, drought, typhoons, tsunamis and tornadoes have damaged or destroyed their houses and families.

Bless our neighbors for whom loss of work and income have caused them to live in poverty, or fear the events of tomorrow or questioned their faith in Your goodness.

Bless our neighbors who have experienced discrimination because of the color of their skin, their race, their gender, or their sexual orientation.

Almighty God – We end our prayer with an acknowledgment of our sin of failing at times to be a good Samaritan to our neighbor. We ask Your forgiveness.

Thank you for listening.

Amen.”

______

Rep. Tobocman moved that Rep. Lemmons be excused from today’s session.

The motion prevailed.

Rep. Booher moved that Rep. Palmer be excused from today’s session.

The motion prevailed.

Reports of Standing Committees

The Committee on Agriculture, by Rep. Mayes, Chair, reported

House Bill No. 5686, entitled

A bill to authorize the removal, capture, or lethal control of a gray wolf that is killing, wounding, or biting livestock under certain circumstances; and to promulgate rules.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Mayes, Byrum, Angerer, Brown, Kathleen Law, Leland, Sheltrown, Walker, Nitz, Ball and Meekhof

Nays: None

The Committee on Agriculture, by Rep. Mayes, Chair, reported

House Bill No. 6021, entitled

A bill to authorize the removal, capture, or lethal control of a gray wolf that is killing, wounding, or biting a dog under certain circumstances; and to promulgate rules.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Mayes, Byrum, Angerer, Brown, Kathleen Law, Leland, Sheltrown, Walker, Nitz, Ball and Meekhof

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 24, 2008

Present: Reps. Mayes, Byrum, Angerer, Brown, Kathleen Law, Leland, Sheltrown, Walker, Nitz, Ball and Meekhof

The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported

Senate Bill No. 212, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 32730 and part 342.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Warren, Donigan, Ebli, Griffin, Kathleen Law, Leland, Meadows, Valentine, Robertson, Emmons, Moolenaar, Walker and Meekhof

Nays: None

The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported

Senate Bill No. 723, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32801 and 32803 (MCL 324.32801 and 324.32803), section 32801 as added by 2003 PA 148 and section 32803 as amended by 2006 PA 34.

With the recommendation that the substitute (H-1)* be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Warren, Donigan, Ebli, Kathleen Law, Leland, Meadows, Valentine, Robertson, Emmons, Moolenaar, Walker and Meekhof

Nays: None

The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported

Senate Bill No. 727, entitled

A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 17 (MCL 325.1017), as amended by 2006 PA 37.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Warren, Donigan, Ebli, Griffin, Kathleen Law, Leland, Meadows, Valentine, Robertson, Emmons, Moolenaar, Walker and Meekhof

Nays: None

The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported

Senate Bill No. 858, entitled

A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 4 (MCL 325.1004), as amended by 2006 PA 601.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Warren, Donigan, Ebli, Griffin, Kathleen Law, Leland, Meadows, Valentine, Moolenaar and Walker

Nays: None

The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported

Senate Bill No. 859, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32713 (MCL 324.32713), as amended by 2006 PA 33.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Warren, Donigan, Ebli, Griffin, Kathleen Law, Leland, Meadows, Valentine, Robertson, Emmons, Moolenaar, Walker and Meekhof

Nays: None

The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported

Senate Bill No. 860, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32701, 32702, 32703, 32705, 32706, 32707, 32708, 32708a, 32709, 32710, 32721, 32722, 32723, 32725, 32727, and 32728 (MCL 324.32701, 324.32702, 324.32703, 324.32705, 324.32706, 324.32707, 324.32708, 324.32708a, 324.32709, 324.32710, 324.32721, 324.32722, 324.32723, 324.32725, 324.32727, and 324.32728), sections 32701, 32702, 32703, and 32707 as amended and sections 32721, 32722, 32723, 32727, and 32728 as added by 2006 PA 33, sections 32705 and 32708 as amended and section 32708a as added by 2006 PA 35, section 32706 as amended by 1996 PA 434, sections 32709 and 32710 as added by 1995 PA 59, and section 32725 as added by 2006 PA 36, and by adding sections 32706a, 32706b, 32706c, 32706d, and 32729; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Warren, Donigan, Ebli, Kathleen Law, Leland, Meadows, Valentine, Robertson, Emmons, Moolenaar, Walker and Meekhof

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:

Meeting held on: Tuesday, June 24, 2008

Present: Reps. Warren, Donigan, Ebli, Griffin, Kathleen Law, Leland, Meadows, Valentine, Robertson, Emmons, Moolenaar, Walker and Meekhof

Absent: Reps. Miller and Palmer

Excused: Reps. Miller and Palmer

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, June 24, 2008

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

Absent: Rep. Lemmons

Excused: Rep. Lemmons

Messages from the Governor

Date: June 19, 2008

Time: 2:00 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5221 (Public Act No. 165, I.E.), being

An act to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; to provide for expenditures under the supervision of the director of the department of management and budget and the state administrative board; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to prescribe standards and conditions relating to the appropriations; to make appropriations for the fiscal year ending September 30, 2008; and to provide for the expenditure of the appropriations.

(Filed with the Secretary of State June 19, 2008, at 2:14 p.m.)

The following message from the Governor was received June 19, 2008 and read:

EXECUTIVE ORDER

No. 2008 - 12

DECLARATION OF STATE OF EMERGENCY

OSCEOLA COUNTY

WHEREAS, a series of severe storms moved through central and southern lower Michigan, commencing on June 6, 2008 and continuing through June 13, 2008, spawning at least one tornado and causing significant damage to buildings, trees, electrical power lines, roads, culverts, public drains, and bridges;

WHEREAS, the county of Osceola suffered widespread and severe damage from the winds and heavy rains of this storm, including damage to over 145 residences, 3 businesses, as well as to roads, culverts, and bridges;

WHEREAS, the damage to roads, culverts, and bridges impedes emergency service access and poses a significant threat to public health and safety;

WHEREAS, the county of Osceola has declared a local state of emergency for the county and has activated the disaster response and recovery aspects of their emergency operations plan to the fullest extent possible to cope with the situation;

WHEREAS, the county of Osceola has determined that local resources are insufficient to address the situation and has requested state assistance;

NOW, THEREFORE, I, JENNIFER M. GRANHOLM, Governor of the State of Michigan, by virtue of the power and the authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421, order the following:

1. A State of Emergency is declared in Osceola County.

2. The Emergency Management and Homeland Security Division of the Department of State Police shall coordinate and maximize all state efforts that may be activated to state service to assist local government and officials in Osceola County, and may call upon all state departments to utilize available resources to assist in the emergency area consistent with the Michigan Emergency Management Plan.

3. The State of Emergency is terminated at such time as emergency conditions no longer exist and appropriate programs have been implemented to recover from the effects of the emergency conditions but in no case later than July 16, 2008.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 19th day of June in the year of our Lord, two thousand and eight.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received June 19, 2008 and read:

EXECUTIVE ORDER

No. 2008 - 13

DECLARATION OF STATE OF EMERGENCY

OTTAWA COUNTY

WHEREAS, a series of severe storms moved across central Michigan, commencing on June 6, 2008 and continuing through June 13, 2008, causing significant damage to buildings, trees, electrical power lines, roads, culverts, and public drains;

WHEREAS, the county of Ottawa suffered widespread and severe damage from the winds and heavy rains of this storm, including damage to over 261 residences, 11 businesses, as well as to roads, culverts, and public drains;

WHEREAS, remaining storm debris within public drains poses a significant threat to public health and safety;

WHEREAS, the county of Ottawa has declared a local state of emergency for the county and has activated the disaster response and recovery aspects of their emergency operations plan to the fullest extent possible to cope with the situation;

WHEREAS, the county of Ottawa has determined that local resources are insufficient to address the situation and has requested state assistance;

NOW, THEREFORE, I, JENNIFER M. GRANHOLM, Governor of the State of Michigan, by virtue of the power and the authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421, order the following:

1. A State of Emergency is declared in Ottawa County.

2. The Emergency Management and Homeland Security Division of the Department of State Police shall coordinate and maximize all state efforts that may be activated to state service to assist local government and officials in Ottawa County, and may call upon all state departments to utilize available resources to assist in the emergency area consistent with the Michigan Emergency Management Plan.

3. The State of Emergency is terminated at such time as emergency conditions no longer exist and appropriate programs have been implemented to recover from the effects of the emergency conditions but in no case later than July 16, 2008.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 19th day of June in the year of our Lord, two thousand and eight.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received June 19, 2008 and read:

EXECUTIVE ORDER

No. 2008 - 14

DECLARATION OF STATE OF EMERGENCY

LAKE COUNTY

WHEREAS, a series of severe storms moved across northwestern lower Michigan, commencing on June 6, 2008 and continuing through June 13, 2008, causing significant damage to buildings, trees, electrical power lines, roads, and culverts;

WHEREAS, the county of Lake suffered widespread and severe damage from the winds and heavy rains of this storm, including damage to roads and culverts;

WHEREAS, the damage to roads and culverts impedes emergency service access and poses a significant threat to public health and safety;

WHEREAS, the county of Lake has declared a local state of emergency for the county and has activated the disaster response and recovery aspects of their emergency operations plan to the fullest extent possible to cope with the situation;

WHEREAS, the county of Lake has determined that local resources are insufficient to address the situation and has requested state assistance;

NOW, THEREFORE, I, JENNIFER M. GRANHOLM, Governor of the State of Michigan, by virtue of the power and the authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421, order the following:

1. A State of Emergency is declared in Lake County.

2. The Emergency Management and Homeland Security Division of the Department of State Police shall coordinate and maximize all state efforts that may be activated to state service to assist local government and officials in Lake County, and may call upon all state departments to utilize available resources to assist in the emergency area consistent with the Michigan Emergency Management Plan.

3. The State of Emergency is terminated at such time as emergency conditions no longer exist and appropriate programs have been implemented to recover from the effects of the emergency conditions but in no case later than July 16, 2008.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 19th day of June in the year of our Lord, two thousand and eight.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received June 19, 2008 and read:

EXECUTIVE ORDER

No. 2008 - 15

DECLARATION OF STATE OF EMERGENCY

WEXFORD COUNTY

WHEREAS, a series of severe storms moved across northwestern lower Michigan, commencing on June 6, 2008 and continuing through June 13, 2008, causing significant damage to buildings, trees, electrical power lines, roads, culverts, and public drains;

WHEREAS, the county of Wexford suffered widespread and severe damage from the winds and heavy rains of this storm, including damage to roads, culverts, and public drains;

WHEREAS, the damage to roads, culverts, and public drains impedes emergency service access and poses a significant threat to public health and safety;

WHEREAS, the county of Wexford has declared a local state of emergency for the county and has activated the disaster response and recovery aspects of their emergency operations plan to the fullest extent possible to cope with the situation;

WHEREAS, the county of Wexford has determined that local resources are insufficient to address the situation and has requested state assistance;

NOW, THEREFORE, I, JENNIFER M. GRANHOLM, Governor of the State of Michigan, by virtue of the power and the authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421, order the following:

1. A State of Emergency is declared in Wexford County.

2. The Emergency Management and Homeland Security Division of the Department of State Police shall coordinate and maximize all state efforts that may be activated to state service to assist local government and officials in Wexford County, and may call upon all state departments to utilize available resources to assist in the emergency area consistent with the Michigan Emergency Management Plan.

3. The State of Emergency is terminated at such time as emergency conditions no longer exist and appropriate programs have been implemented to recover from the effects of the emergency conditions but in no case later than July 16, 2008.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 19th day of June in the year of our Lord, two thousand and eight.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received June 19, 2008 and read:

EXECUTIVE ORDER

No. 2008 - 16

DECLARATION OF STATE OF EMERGENCY

MANISTEE COUNTY

WHEREAS, a series of severe storms moved through central lower Michigan commencing on June 6 and continuing through June 13, 2008, spawning at least one tornado and causing significant damage to buildings, trees, electrical power lines, roads, culverts, and public drains;

WHEREAS, numerous sites within the city and county of Manistee, including streets, alleys, and sidewalks, have been blocked by as many as 1000 fallen trees and other storm debris resulting in greatly impeded emergency access;

WHEREAS, the county of Manistee suffered widespread and severe damage from the winds and heavy rains of this storm including damage to roads and a number of culverts and blockage to public drains;

WHEREAS, remaining storm debris within the county of Manistee poses a significant threat to public health and safety;

WHEREAS, the damage to roads and culverts impedes emergency access and poses a significant threat to public health and safety;

WHEREAS, the county of Manistee has declared a local state of emergency for the county and has activated the disaster response and recovery aspects of their emergency operations plan to the fullest extent possible to cope with the situation;

WHEREAS, the county of Manistee has determined that local resources are insufficient to address the situation and has requested state assistance;

NOW, THEREFORE, I, JENNIFER M. GRANHOLM, Governor of the State of Michigan, by virtue of the power and the authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421, order the following:

1. A State of Emergency is declared in Manistee County.

2. The Emergency Management and Homeland Security Division of the Department of State Police shall coordinate and maximize all state efforts that may be activated to state service to assist local government and officials in Manistee County, and may call upon all state departments to utilize available resources to assist in the emergency area focusing on public health and safety concerns consistent with the Michigan Emergency Management Plan.

3. The State of Emergency is terminated at such time as emergency conditions no longer exist and appropriate programs have been implemented to recover from the effects of the emergency conditions but in no case later than July 16, 2008.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 19th day of June in the year of our Lord, Two thousand and eight.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Corriveau offered the following resolution:

House Resolution No. 396.

A resolution to memorialize the United States Congress to take strong and immediate steps to address the impact rising gasoline prices have on consumers.

Whereas, Michigan drivers are stunned by the rapid increases in gasoline prices that rise on a daily basis. Michigan’s statewide average price of regular unleaded gasoline has jumped nearly 30 percent over this past year; and

Whereas, A number of factors, both close to home and global in nature, have combined to create our current predicament. Oil industry observers point to a number of factors causing prices to soar, from increased global demand and lower supplies to unrest in major oil-producing nations to rampant speculation in the crude oil futures market to refinery closings and poor decisions by the oil industry executives; and

Whereas, At the same time Americans are stung by historically high gas prices, the world’s biggest oil companies continue to see their profits skyrocket. The 2008 first quarter profits from ConocoPhillips and British Petroleum indicate company profits are up 17 percent and 63 percent respectively. As Americans shell out more and more of their hard-earned dollars at the pump, the profit margin of U.S. oil refiners has shot up 158 percent since 1999; and

Whereas, The nationwide impact of these exorbitant gasoline price increases makes it imperative for the federal government to take action. The ever-increasing worldwide competition for nonrenewable fuels, as well as political instability in many oil-producing regions, requires the United States to secure our nation’s energy needs; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the United States Congress to take strong and immediate steps to address the impact rising gasoline prices have on consumers; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Agriculture.

Rep. Mayes offered the following resolution:

House Resolution No. 397.

A resolution to memorialize the Congress of the United States to override the President’s veto of the federal farm bill.

Whereas, For decades, the federal farm bill has guaranteed the continued production of a stable and affordable food supply for our nation. The farm bill strikes a solid balance between supporting farmers, maintaining an affordable home-grown food supply, encouraging the protection of the environment, and making food available and ensuring adequate nutrition for every American family and child; and

Whereas, The current federal farm bill, the Food, Conservation, and Energy Act of 2008, continues this long tradition of federal support and recognition of the critical role played by our nation’s farmers. The $307 billion bill would provide an additional $40 billion for farm subsidies, including subsidies for fruits, vegetables, and other crops overlooked in previous farm bills. Michigan is second only to California in the production of these specialty crops. It would ensure that the United States continues to enjoy a safe, stable, abundant, and affordable food supply for the next five years; and

Whereas, On June 18, 2008, President Bush vetoed the federal farm bill despite overwhelming support in both chambers of Congress. This short-sighted action would place farms in jeopardy throughout the nation and deny relief to families in the face of skyrocketing food prices. Two-thirds of the bill is dedicated towards critical nutrition programs, such as food stamps and emergency food aid. In addition, the bill would expand programs that make fresh fruits and vegetables available to schoolchildren; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to override the President’s veto of the federal farm bill; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Agriculture.

Rep. Ebli offered the following concurrent resolution:

House Concurrent Resolution No. 89.

A concurrent resolution to memorialize the Congress of the United States to override the President’s veto of the federal farm bill.

Whereas, For decades, the federal farm bill has guaranteed the continued production of a stable and affordable food supply for our nation. The farm bill strikes a solid balance between supporting farmers, maintaining an affordable home-grown food supply, encouraging the protection of the environment, and making food available and ensuring adequate nutrition for every American family and child; and

Whereas, The current federal farm bill, the Food, Conservation, and Energy Act of 2008, continues this long tradition of federal support and recognition of the critical role played by our nation’s farmers. The $307 billion bill would provide an additional $40 billion for farm subsidies, including subsidies for fruits, vegetables, and other crops overlooked in previous farm bills. Michigan is second only to California in the production of these specialty crops. It would ensure that the United States continues to enjoy a safe, stable, abundant, and affordable food supply for the next five years; and

Whereas, On June 18, 2008, President Bush vetoed the federal farm bill despite overwhelming support in both chambers of Congress. This short-sighted action would place farms in jeopardy throughout the nation and deny relief to families in the face of skyrocketing food prices. Two-thirds of the bill is dedicated towards critical nutrition programs, such as food stamps and emergency food aid. In addition, the bill would expand programs that make fresh fruits and vegetables available to schoolchildren; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to override the President’s veto of the federal farm bill; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on Agriculture.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL § 18.1246 AND MCL § 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.

Rep. Dean offered the following concurrent resolution:

House Concurrent Resolution No. 90.

A concurrent resolution approving a decrease and subsequent increase in Total Project Cost and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Projects, Phase I and Phase II, Group E, Special Maintenance Projects.

Whereas, House Concurrent Resolution 35 of 2007, adopted on November 29, 2007, by the Michigan Legislature, approved a Total Facility Cost of $47,296,000 for the Department of Management and Budget State Facility Preservation Projects, Phase I and Phase II, Group E, Special Maintenance Projects (the “Facility”), with the State Building Authority (the “Authority”) share of $47,296,000 and the State General Fund/General Purpose share of $0; and

Whereas, Since the adoption of House Concurrent Resolution 35 of 2007, $9,233,000 of the Facility allocable to the VanWagoner Building was removed from the Facility’s list of projects and assigned to the Department of Management and Budget Facility Preservation Projects, Phase I and Phase II, Group F, VanWagoner Building (the “Group F Project”); and

Whereas, Such assignment of costs resulted in the Facility’s Total Project Cost to decrease by $9,233,000 to $38,063,000, which decreased the Authority’s share by $9,233,000 to a share of $38,063,000, and the General Fund/General Purpose share remained at $0; and

Whereas, It is now estimated that the total cost to complete the project has increased by $900,000, thereby increasing the Authority’s share by $900,000, from $38,063,000 to $38,963,000, and the General Fund/General Purpose share remains at $0; and

Whereas, Section 246 of 1984 PA 431, as amended, being MCL § 18.1246, provides that the authorized costs of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans, acquisition, and installation; and

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

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

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

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

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of Management and Budget State Facility Preservation Projects, Phase I and Phase II, Group E, Special Maintenance Projects shall not exceed $38,963,000 (the Authority share shall not exceed $38,963,000 and the State General Fund/General Purpose share shall not exceed $0), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $38,963,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

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

Resolved, That the annual amounts of “True Rental” for the Facility shall be within or below the range of $3,083,000 and $3,905,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

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

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

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

The concurrent resolution was referred to the Committee on Appropriations.

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

Rep. Simpson offered the following concurrent resolution:

House Concurrent Resolution No. 91.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Egeler Correctional Facility Fire Safety Improvements.

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

Whereas, The site for the Department of Corrections Egeler Correctional Facility Fire Safety Improvements, located in Jackson County (the “Facility”), is currently owned by the State; and

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

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

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

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

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of Corrections Egeler Correctional Facility Fire Safety Improvements shall not exceed $8,300,000 (the Authority share is $8,299,900 and the State General Fund/General Purpose share is $100), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $8,299,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

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

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

Resolved, That the annual amounts of “True Rental” for the Facility shall be within or below the range of $601,000 and $773,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

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

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

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

The concurrent resolution was referred to the Committee on Appropriations.

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

Rep. Caul offered the following concurrent resolution:

House Concurrent Resolution No. 92.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Central Michigan University relative to the Central Michigan University Education and Human Services Building.

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

Whereas, The site for the Central Michigan University Education and Human Services Building (the “Facility”) is currently owned by the Educational Institution; and

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

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

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

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

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Central Michigan University Education and Human Services Building shall not exceed $50,000,000 (the Authority share is $37,499,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $12,500,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $37,499,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

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

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

Resolved, That the annual amounts of “True Rental” for the Facility shall be within or below the range of $2,572,000 and $3,363,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

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

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

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

The concurrent resolution was referred to the Committee on Appropriations.

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

June 20, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:37 p.m. this date, administrative rule (08-06-07) for the Department of Environmental Quality “Part 2. Air Use Approval”.

These rules take effect immediately after filing with the Secretary of State.

June 20, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:39 p.m. this date, administrative rule (08-06-08) for the Department of Environmental Quality “Part 19 – New Source Review for Major Sources Impacting Nonattainment Areas.”

These rules take effect immediately after filing with the Secretary of State.

June 20, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:41 p.m. this date, administrative rule (08-06-09) for the Department of Environmental Quality “Underground Storage Tank Regulations.”

These rules take effect 7 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Announcements by the Clerk

June 20, 2008

Received from the Auditor General a copy of the following audit report and/or report summary:

Financial audit, including the provisions of the Single Audit Act, of the Department of Corrections (DOC) for the period October 1, 2005 through September 30, 2007.

Richard J. Brown

Clerk of the House

By unanimous consent the House returned to the order of

Introduction of Bills

Rep. Wojno introduced

House Bill No. 6274, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17222.

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

Rep. Wojno introduced

House Bill No. 6275, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 4g.

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

Rep. Wojno introduced

House Bill No. 6276, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 737a (MCL 168.737a), as amended by 2006 PA 87.

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

Rep. Meadows introduced

House Bill No. 6277, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2169, 2912b, 2912d, 2912e, and 5856 (MCL 600.2169, 600.2912b, 600.2912d, 600.2912e, and 600.5856), sections 2169, 2912d, and 2912e as amended and section 2912b as added by 1993 PA 78 and section 5856 as amended by 2004 PA 87.

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

Reps. David Law and Stahl introduced

House Bill No. 6278, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1163.

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

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 6133, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2006 PA 382.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Lahti 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. Lahti 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. Calley 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. 6133, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2006 PA 382.

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

Roll Call No. 554 Yeas—107

Accavitti Dillon Knollenberg Polidori

Acciavatti Donigan Lahti Proos

Agema Ebli LaJoy Robertson

Amos Elsenheimer Law, David Rocca

Angerer Emmons Law, Kathleen Sak

Ball Espinoza LeBlanc Schuitmaker

Bauer Farrah Leland Scott

Bennett Gaffney Lindberg Shaffer

Bieda Garfield Marleau Sheen

Booher Gillard Mayes Sheltrown

Brandenburg Gonzales McDowell Simpson

Brown Green Meadows Smith, Alma

Byrnes Griffin Meekhof Smith, Virgil

Byrum Hammel Meisner Spade

Casperson Hammon Melton Stahl

Caswell Hansen Meltzer Stakoe

Caul Hildenbrand Miller Steil

Cheeks Hood Moolenaar Tobocman

Clack Hoogendyk Moore Vagnozzi

Clemente Hopgood Moss Valentine

Condino Horn Nitz Walker

Constan Huizenga Nofs Ward

Corriveau Hune Opsommer Warren

Coulouris Jackson Palsrok Wenke

Cushingberry Johnson Pastor Wojno

Dean Jones, Rick Pavlov Young

DeRoche Jones, Robert Pearce

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. 6172, entitled

A bill to create an Asian Pacific American affairs commission, an office of Asian Pacific American affairs, and an interagency council on Asian Pacific American affairs; to prescribe their powers and duties; and to prescribe the powers and duties of certain agencies, departments, and officials.

The bill was read a second time.

Rep. Hopgood 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. Ball 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. 6172, entitled

A bill to create an Asian Pacific American affairs commission, an office of Asian Pacific American affairs, and an interagency council on Asian Pacific American affairs; to prescribe their powers and duties; and to prescribe the powers and duties of certain agencies, departments, and officials.

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

Roll Call No. 555 Yeas—101

Accavitti Donigan Knollenberg Pearce

Acciavatti Ebli Lahti Polidori

Amos Elsenheimer LaJoy Proos

Angerer Emmons Law, David Robertson

Bauer Espinoza Law, Kathleen Rocca

Bennett Farrah LeBlanc Sak

Bieda Gaffney Leland Schuitmaker

Booher Garfield Lindberg Scott

Brandenburg Gillard Marleau Shaffer

Brown Gonzales Mayes Sheltrown

Byrnes Green McDowell Simpson

Byrum Griffin Meadows Smith, Alma

Calley Hammel Meekhof Smith, Virgil

Casperson Hammon Meisner Spade

Caul Hansen Melton Stahl

Cheeks Hildenbrand Miller Stakoe

Clack Hood Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Jackson Opsommer Warren

Cushingberry Johnson Palsrok Wenke

Dean Jones, Rick Pastor Wojno

DeRoche Jones, Robert Pavlov Young

Dillon

Nays—6

Agema Hoogendyk Sheen Steil

Caswell Meltzer

In The Chair: Sak

The House agreed to the title of the bill.

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

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

______

Rep. Agema, 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:

There simply is no money for more commissions. What about the Dutch, Germans etc.”

Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I do not support the creation of any more commissions or councils or the enlargement of the bureaucracy in any form. We need to reduce the size and scope of government, not enlarge it.”

Second Reading of Bills

House Bill No. 4534, entitled

A bill to designate the third Wednesday in July as ride your motorcycle to work day.

The bill was read a second time.

Rep. LeBlanc 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. Dillon 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. 4534, entitled

A bill to designate the third Wednesday in July as ride your motorcycle to work day.

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

Roll Call No. 556 Yeas—87

Accavitti Dean Johnson Palsrok

Acciavatti DeRoche Jones, Rick Pastor

Amos Donigan Jones, Robert Pavlov

Angerer Ebli Lahti Pearce

Ball Elsenheimer LaJoy Polidori

Bauer Emmons Law, David Proos

Bieda Espinoza Law, Kathleen Sak

Booher Farrah LeBlanc Shaffer

Brown Gaffney Leland Sheltrown

Byrnes Gillard Lindberg Simpson

Byrum Gonzales Marleau Smith, Alma

Calley Griffin Mayes Smith, Virgil

Casperson Hammel McDowell Spade

Caswell Hammon Meadows Tobocman

Cheeks Hansen Meisner Valentine

Clack Hildenbrand Melton Walker

Clemente Hood Miller Ward

Condino Hopgood Moore Warren

Constan Horn Moss Wenke

Corriveau Huizenga Nitz Wojno

Coulouris Hune Nofs Young

Cushingberry Jackson Opsommer

Nays—20

Agema Green Moolenaar Sheen

Bennett Hoogendyk Robertson Stahl

Brandenburg Knollenberg Rocca Stakoe

Caul Meekhof Schuitmaker Steil

Garfield Meltzer Scott Vagnozzi

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 6097, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 4a, 16, 33b, 44, 64a, and 76 (MCL 780.754a, 780.766, 780.783b, 780.794, 780.814a, and 780.826), sections 4a, 33b, and 64a as added by 2004 PA 456 and sections 16, 44, and 76 as amended by 2005 PA 184.

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. Shaffer 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. 6097, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 4a, 16, 33b, 44, 64a, and 76 (MCL 780.754a, 780.766, 780.783b, 780.794, 780.814a, and 780.826), sections 4a, 33b, and 64a as added by 2004 PA 456 and sections 16, 44, and 76 as amended by 2005 PA 184.

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

Roll Call No. 557 Yeas—108

Accavitti DeRoche Jones, Robert Pearce

Acciavatti Dillon Knollenberg Polidori

Agema Donigan Lahti Proos

Amos Ebli LaJoy Robertson

Angerer Elsenheimer Law, David Rocca

Ball Emmons Law, Kathleen Sak

Bauer Espinoza LeBlanc Schuitmaker

Bennett Farrah Leland Scott

Bieda Gaffney Lindberg Shaffer

Booher Garfield Marleau Sheen

Brandenburg Gillard Mayes Sheltrown

Brown Gonzales McDowell Simpson

Byrnes Green Meadows Smith, Alma

Byrum Griffin Meekhof Smith, Virgil

Calley Hammel Meisner Spade

Casperson Hammon Melton Stahl

Caswell Hansen Meltzer Stakoe

Caul Hildenbrand Miller Steil

Cheeks Hood Moolenaar Tobocman

Clack Hoogendyk Moore Vagnozzi

Clemente Hopgood Moss Valentine

Condino Horn Nitz Walker

Constan Huizenga Nofs Ward

Corriveau Hune Opsommer Warren

Coulouris Jackson Palsrok Wenke

Cushingberry Johnson Pastor Wojno

Dean Jones, Rick Pavlov 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.

Second Reading of Bills

House Bill No. 6098, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 30 and 31 of chapter XIIA (MCL 712A.30 and 712A.31), as amended by 1996 PA 561.

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. Griffin 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. 6098, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 30 and 31 of chapter XIIA (MCL 712A.30 and 712A.31), as amended by 1996 PA 561.

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

Roll Call No. 558 Yeas—108

Accavitti DeRoche Jones, Robert Pearce

Acciavatti Dillon Knollenberg Polidori

Agema Donigan Lahti Proos

Amos Ebli LaJoy Robertson

Angerer Elsenheimer Law, David Rocca

Ball Emmons Law, Kathleen Sak

Bauer Espinoza LeBlanc Schuitmaker

Bennett Farrah Leland Scott

Bieda Gaffney Lindberg Shaffer

Booher Garfield Marleau Sheen

Brandenburg Gillard Mayes Sheltrown

Brown Gonzales McDowell Simpson

Byrnes Green Meadows Smith, Alma

Byrum Griffin Meekhof Smith, Virgil

Calley Hammel Meisner Spade

Casperson Hammon Melton Stahl

Caswell Hansen Meltzer Stakoe

Caul Hildenbrand Miller Steil

Cheeks Hood Moolenaar Tobocman

Clack Hoogendyk Moore Vagnozzi

Clemente Hopgood Moss Valentine

Condino Horn Nitz Walker

Constan Huizenga Nofs Ward

Corriveau Hune Opsommer Warren

Coulouris Jackson Palsrok Wenke

Cushingberry Johnson Pastor Wojno

Dean Jones, Rick Pavlov 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.

Second Reading of Bills

House Bill No. 6100, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending the title and sections 4a, 33b, and 64a (MCL 780.754a, 780.783b, and 780.814a), the title as amended by 1988 PA 22 and sections 4a, 33b, and 64a as added by 2004 PA 456.

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. Brown 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. 6100, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending the title and sections 4a, 33b, and 64a (MCL 780.754a, 780.783b, and 780.814a), the title as amended by 1988 PA 22 and sections 4a, 33b, and 64a as added by 2004 PA 456.

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

Roll Call No. 559 Yeas—108

Accavitti DeRoche Jones, Robert Pearce

Acciavatti Dillon Knollenberg Polidori

Agema Donigan Lahti Proos

Amos Ebli LaJoy Robertson

Angerer Elsenheimer Law, David Rocca

Ball Emmons Law, Kathleen Sak

Bauer Espinoza LeBlanc Schuitmaker

Bennett Farrah Leland Scott

Bieda Gaffney Lindberg Shaffer

Booher Garfield Marleau Sheen

Brandenburg Gillard Mayes Sheltrown

Brown Gonzales McDowell Simpson

Byrnes Green Meadows Smith, Alma

Byrum Griffin Meekhof Smith, Virgil

Calley Hammel Meisner Spade

Casperson Hammon Melton Stahl

Caswell Hansen Meltzer Stakoe

Caul Hildenbrand Miller Steil

Cheeks Hood Moolenaar Tobocman

Clack Hoogendyk Moore Vagnozzi

Clemente Hopgood Moss Valentine

Condino Horn Nitz Walker

Constan Huizenga Nofs Ward

Corriveau Hune Opsommer Warren

Coulouris Jackson Palsrok Wenke

Cushingberry Johnson Pastor Wojno

Dean Jones, Rick Pavlov Young

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 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 4a, 33b, and 64a (MCL 780.754a, 780.783b, and 780.814a), as added by 2004 PA 456.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 6101, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 5 (MCL 445.65), as amended by 2006 PA 246.

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. 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. 6101, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 5 (MCL 445.65), as amended by 2006 PA 246.

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

Roll Call No. 560 Yeas—108

Accavitti DeRoche Jones, Robert Pearce

Acciavatti Dillon Knollenberg Polidori

Agema Donigan Lahti Proos

Amos Ebli LaJoy Robertson

Angerer Elsenheimer Law, David Rocca

Ball Emmons Law, Kathleen Sak

Bauer Espinoza LeBlanc Schuitmaker

Bennett Farrah Leland Scott

Bieda Gaffney Lindberg Shaffer

Booher Garfield Marleau Sheen

Brandenburg Gillard Mayes Sheltrown

Brown Gonzales McDowell Simpson

Byrnes Green Meadows Smith, Alma

Byrum Griffin Meekhof Smith, Virgil

Calley Hammel Meisner Spade

Casperson Hammon Melton Stahl

Caswell Hansen Meltzer Stakoe

Caul Hildenbrand Miller Steil

Cheeks Hood Moolenaar Tobocman

Clack Hoogendyk Moore Vagnozzi

Clemente Hopgood Moss Valentine

Condino Horn Nitz Walker

Constan Huizenga Nofs Ward

Corriveau Hune Opsommer Warren

Coulouris Jackson Palsrok Wenke

Cushingberry Johnson Pastor Wojno

Dean Jones, Rick Pavlov 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.

Second Reading of Bills

House Bill No. 6099, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 11a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Angerer 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. 6099, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 11a.

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

Roll Call No. 561 Yeas—108

Accavitti DeRoche Jones, Robert Pearce

Acciavatti Dillon Knollenberg Polidori

Agema Donigan Lahti Proos

Amos Ebli LaJoy Robertson

Angerer Elsenheimer Law, David Rocca

Ball Emmons Law, Kathleen Sak

Bauer Espinoza LeBlanc Schuitmaker

Bennett Farrah Leland Scott

Bieda Gaffney Lindberg Shaffer

Booher Garfield Marleau Sheen

Brandenburg Gillard Mayes Sheltrown

Brown Gonzales McDowell Simpson

Byrnes Green Meadows Smith, Alma

Byrum Griffin Meekhof Smith, Virgil

Calley Hammel Meisner Spade

Casperson Hammon Melton Stahl

Caswell Hansen Meltzer Stakoe

Caul Hildenbrand Miller Steil

Cheeks Hood Moolenaar Tobocman

Clack Hoogendyk Moore Vagnozzi

Clemente Hopgood Moss Valentine

Condino Horn Nitz Walker

Constan Huizenga Nofs Ward

Corriveau Hune Opsommer Warren

Coulouris Jackson Palsrok Wenke

Cushingberry Johnson Pastor Wojno

Dean Jones, Rick Pavlov 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.

Second Reading of Bills

House Bill No. 6102, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 12c.

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. Condino moved to amend the bill as follows:

1. Amend page 2, following line 12, by inserting:

“(3) A STATE OR FEDERAL COURT, A POLITICAL SUBDIVISION OF THIS STATE, OR A STATE OR FEDERAL DEPARTMENT OR AGENCY IS NOT REQUIRED TO COMPLY WITH SUBSECTION (1).” and renumbering the remaining subsection.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Valentine 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. 6102, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 12c.

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

Roll Call No. 562 Yeas—62

Accavitti Dean Lahti Schuitmaker

Angerer Dillon Law, David Scott

Bauer Donigan Law, Kathleen Sheltrown

Bennett Ebli LeBlanc Simpson

Bieda Espinoza Leland Smith, Alma

Brown Farrah Lindberg Smith, Virgil

Byrnes Gillard Mayes Spade

Byrum Gonzales McDowell Tobocman

Cheeks Griffin Meadows Vagnozzi

Clack Hammel Meisner Valentine

Clemente Hammon Melton Ward

Condino Hood Miller Warren

Constan Hopgood Polidori Wenke

Corriveau Jackson Rocca Wojno

Coulouris Johnson Sak Young

Cushingberry Jones, Robert

Nays—46

Acciavatti Emmons LaJoy Pastor

Agema Gaffney Marleau Pavlov

Amos Garfield Meekhof Pearce

Ball Green Meltzer Proos

Booher Hansen Moolenaar Robertson

Brandenburg Hildenbrand Moore Shaffer

Calley Hoogendyk Moss Sheen

Casperson Horn Nitz Stahl

Caswell Huizenga Nofs Stakoe

Caul Hune Opsommer Steil

DeRoche Jones, Rick Palsrok Walker

Elsenheimer Knollenberg

In The Chair: Sak

The House agreed to the title of the bill.

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

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

______

Rep. 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:

An amendment exempted the government from this law. If these rules are so onerous that government doesn’t want to follow them, then they should not be applied to businesses either.”

Second Reading of Bills

House Bill No. 6103, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 12d.

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. Condino moved to amend the bill as follows:

1. Amend page 1, line 2, after “THAN” by striking out “$250.00” and inserting “$10,000.00”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Johnson 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. Hildenbrand moved that Rep. DeRoche 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. 6103, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 12d.

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

Roll Call No. 563 Yeas—66

Accavitti Dillon Lahti Sak

Angerer Donigan Law, David Scott

Bauer Ebli Law, Kathleen Shaffer

Bennett Espinoza LeBlanc Sheltrown

Bieda Farrah Leland 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 Ward

Constan Hopgood Nofs Warren

Corriveau Horn Polidori Wenke

Coulouris Jackson Proos Wojno

Cushingberry Johnson Rocca Young

Dean Jones, Robert

Nays—41

Acciavatti Emmons LaJoy Pastor

Agema Garfield Marleau Pavlov

Amos Green Meekhof Pearce

Ball Hansen Meltzer Robertson

Booher Hildenbrand Moolenaar Schuitmaker

Brandenburg Hoogendyk Moore Sheen

Calley Huizenga Moss Stahl

Casperson Hune Nitz Stakoe

Caswell Jones, Rick Opsommer Steil

Caul Knollenberg Palsrok Walker

Elsenheimer

In The Chair: Sak

The House agreed to the title of the bill.

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

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

______

Rep. 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:

The fine was changed from $250 to $10,000 on the floor with no explanation and no debate. I am uncomfortable with supporting this bill now without a clear explanation of the impact of this change.”

Second Reading of Bills

House Bill No. 6105, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 12a (MCL 445.72a), as added by 2006 PA 566.

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. Dean 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. 6105, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 12a (MCL 445.72a), as added by 2006 PA 566.

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

Roll Call No. 564 Yeas—107

Accavitti DeRoche Jones, Robert Pearce

Acciavatti Dillon Knollenberg Polidori

Agema Donigan Lahti Proos

Amos Ebli LaJoy Robertson

Angerer Elsenheimer Law, David Rocca

Ball Emmons Law, Kathleen Sak

Bauer Espinoza LeBlanc Schuitmaker

Bennett Farrah Leland Scott

Bieda Gaffney Lindberg Shaffer

Booher Garfield Marleau Sheltrown

Brandenburg Gillard Mayes Simpson

Brown Gonzales McDowell Smith, Alma

Byrnes Green Meadows Smith, Virgil

Byrum Griffin Meekhof Spade

Calley Hammel Meisner Stahl

Casperson Hammon Melton Stakoe

Caswell Hansen Meltzer Steil

Caul Hildenbrand Miller Tobocman

Cheeks Hood Moolenaar Vagnozzi

Clack Hoogendyk Moore Valentine

Clemente Hopgood Moss Walker

Condino Horn Nitz Ward

Constan Huizenga Nofs Warren

Corriveau Hune Opsommer Wenke

Coulouris Jackson Palsrok Wojno

Cushingberry Johnson Pastor Young

Dean Jones, Rick Pavlov

Nays—1

Sheen

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. 212, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 32730 and part 342.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Great Lakes and Environment,

The substitute (H-1) was 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. 212, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 32730 and part 342.

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

Roll Call No. 565 Yeas—108

Accavitti DeRoche Jones, Robert Pearce

Acciavatti Dillon Knollenberg Polidori

Agema Donigan Lahti Proos

Amos Ebli LaJoy Robertson

Angerer Elsenheimer Law, David Rocca

Ball Emmons Law, Kathleen Sak

Bauer Espinoza LeBlanc Schuitmaker

Bennett Farrah Leland Scott