No. 74

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Thursday, September 11, 2008.

12:00 Noon.

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

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

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

Acciavatti—present Donigan—present LaJoy—present Polidori—present

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Cushingberry—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. Fran Amos, from the 43rd District, offered the following invocation:

“Dear Lord - We thank You for this day and the many blessings You have bestowed upon us.

We thank You for our lives, families, friendships and the gifts You have provided us. Guide and bless us who have been sent here by the people of Michigan, and who have been ordained by You to govern this great state. As we remember the events that occurred seven years ago today, may You watch over all of us and give us strength. May we carry the spirit of those we lost on September 11, 2001 in our hearts always. Today, in honor of Patriot’s Day, let us reflect on the many things those fighting for our country have provided us: Freedom, security, and the ability to take pride in our great nation. These things that we enjoy are often taken for granted and assumed to be free. But that is not the case. Our freedom and security are owed to the brave women and men who protect and serve our nation everyday. In Jesus’ name we pray.

AMEN.”

Second Reading of Bills

House Bill No. 6032, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending sections 5, 6, 7, 11, and 16 (MCL 207.775, 207.776, 207.777, 207.781, and 207.786), sections 6 and 7 as amended by 2005 PA 338 and section 11 as amended by 2005 PA 339; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Intergovernmental, Urban and Regional Affairs,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Byrum 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. 6032, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending sections 5, 6, 7, 11, and 16 (MCL 207.775, 207.776, 207.777, 207.781, and 207.786), sections 6 and 7 as amended by 2005 PA 338 and section 11 as amended by 2005 PA 339; and to repeal acts and parts of acts.

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

Roll Call No. 717 Yeas—109

Accavitti Dillon Lahti Pearce

Acciavatti Donigan LaJoy Polidori

Agema Ebli Law, David Proos

Amos Elsenheimer Law, Kathleen Robertson

Angerer Emmons LeBlanc Rocca

Ball Espinoza Leland Sak

Bauer Farrah Lemmons Schuitmaker

Bennett Gaffney Lindberg Scott

Bieda Gillard Marleau Shaffer

Booher Gonzales Mayes Sheen

Brandenburg Green McDowell Sheltrown

Brown Griffin Meadows Simpson

Byrnes Hammel Meekhof Smith, Alma

Byrum Hammon Meisner Smith, Virgil

Calley Hansen Melton Spade

Casperson Hildenbrand Meltzer Stahl

Caswell Hood Miller Stakoe

Caul Hoogendyk Moolenaar Steil

Cheeks Hopgood Moore Tobocman

Clack Horn Moss Vagnozzi

Clemente Huizenga Nitz Valentine

Condino Hune Nofs Walker

Constan Jackson Opsommer Ward

Corriveau Johnson Palmer Warren

Coulouris Jones, Rick Palsrok Wenke

Cushingberry Jones, Robert Pastor Wojno

Dean Knollenberg Pavlov Young

DeRoche

Nays—1

Garfield

In The Chair: Sak

The question being on agreeing to the title of the bill,

Rep. Tobocman moved to amend the title to read as follows:

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending sections 2, 4, 5, 6, 7, 11, and 16 (MCL 207.772, 207.774, 207.775, 207.776, 207.777, 207.781, and 207.786), section 2 as amended by 2008 PA 228, section 4 as amended by 2008 PA 4, sections 6 and 7 as amended by 2005 PA 338, and section 11 as amended by 2005 PA 339; and to repeal acts and parts of acts.

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. 6243, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2008 PA 22.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Intergovernmental, Urban and Regional Affairs,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Amos 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. 6243, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2008 PA 22.

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

Roll Call No. 718 Yeas—109

Accavitti Donigan Lahti Pearce

Acciavatti Ebli LaJoy Polidori

Agema Elsenheimer Law, David Proos

Amos Emmons Law, Kathleen Robertson

Angerer Espinoza LeBlanc Rocca

Ball Farrah Leland Sak

Bauer Gaffney Lemmons Schuitmaker

Bennett Garfield Lindberg Scott

Bieda Gillard Marleau Shaffer

Booher Gonzales Mayes Sheen

Brandenburg Green McDowell Sheltrown

Brown Griffin Meadows Simpson

Byrnes Hammel Meekhof Smith, Alma

Byrum Hammon Meisner Smith, Virgil

Calley Hansen Melton Spade

Casperson Hildenbrand Meltzer Stahl

Caul Hood Miller Stakoe

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Dillon

Nays—1

Caswell

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. 6263, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2007 PA 154.

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

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Pavlov moved to amend the bill as follows:

1. Amend page 18, following line 20, by inserting:

“(CC) FOR THE 2008 TAX YEAR AND EACH TAX YEAR AFTER 2008 AS LONG AS THE RATE LEVIED AND IMPOSED UNDER SECTION 51 IS GREATER THAN 3.9% FOR THAT TAX YEAR, DEDUCT AN AMOUNT EQUAL TO THE QUOTIENT OF THE DIFFERENCE BETWEEN THE TAXPAYER’S TAX LIABILITY FOR THE CURRENT TAX YEAR BEFORE THIS DEDUCTION AND THE AMOUNT OF THE TAXPAYER’S TAX LIABILITY FOR THE SAME TAX YEAR IF THE RATE HAD BEEN LEVIED AND IMPOSED AT 3.9% DIVIDED BY THE TAX RATE FOR THE CURRENT TAX YEAR.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Pavlov moved to amend the bill as follows:

1. Amend page 23, following line 15, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5989 of the 94th Legislature is enacted into law.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Acciavatti moved to amend the bill as follows:

1. Amend page 18, following line 20, by inserting:

“(CC) FOR TAX YEARS THAT BEGIN AFTER DECEMBER 31, 2007, DEDUCT AN AMOUNT EQUAL TO THE QUOTIENT OF THE INCREASED AMOUNT OF PROPERTY TAXES LEVIED ON THE TAXPAYER’S PRINCIPAL RESIDENCE, NOT INCLUDING ADDITIONS, THAT IS ATTRIBUTABLE TO THE INCREASE IMPOSED PURSUANT TO SECTION 27A(2) OF THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.27A, DIVIDED BY THE INCOME TAX RATE IMPOSED FOR THAT SAME TAX YEAR PURSUANT TO SECTION 51.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Hoogendyk moved to amend the bill as follows:

1. Amend page 23, following line 15, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Joint Resolution Y of the 94th Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not 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.

______

Rep. Hansen moved that Rep. David Law 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. 6263, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2007 PA 154.

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

Roll Call No. 719 Yeas—109

Accavitti Dillon Knollenberg Pearce

Acciavatti Donigan Lahti Polidori

Agema Ebli LaJoy Proos

Amos Elsenheimer Law, Kathleen Robertson

Angerer Emmons LeBlanc Rocca

Ball Espinoza Leland Sak

Bauer Farrah Lemmons Schuitmaker

Bennett Gaffney Lindberg Scott

Bieda Garfield Marleau Shaffer

Booher Gillard Mayes Sheen

Brandenburg Gonzales McDowell Sheltrown

Brown Green Meadows Simpson

Byrnes Griffin Meekhof Smith, Alma

Byrum Hammel Meisner Smith, Virgil

Calley Hammon Melton Spade

Casperson Hansen Meltzer Stahl

Caswell Hildenbrand Miller Stakoe

Caul Hood Moolenaar Steil

Cheeks Hoogendyk Moore Tobocman

Clack Hopgood Moss Vagnozzi

Clemente Horn Nitz Valentine

Condino Huizenga Nofs Walker

Constan Hune Opsommer Ward

Corriveau Jackson Palmer Warren

Coulouris Johnson Palsrok Wenke

Cushingberry Jones, Rick Pastor Wojno

Dean Jones, Robert Pavlov Young

DeRoche

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 6222, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 16a (MCL 207.566a), as added by 1996 PA 94.

The bill was read a second time.

Rep. Meisner moved to amend the bill as follows:

1. Amend page 2, line 4, after “effective” by striking out “OR” and inserting a comma.

2. Amend page 2, line 5, after “EXPIRES,” by inserting “OR, AS PERMITTED BY THE LOCAL GOVERNMENTAL UNIT, AT ANY OTHER TIME IN WHICH THE CERTIFICATE IS IN EFFECT”.

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

Rep. Rocca 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. Steil 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. 6222, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 16a (MCL 207.566a), as added by 1996 PA 94.

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

Roll Call No. 720 Yeas—108

Accavitti DeRoche Jones, Robert Pavlov

Acciavatti Dillon Knollenberg Pearce

Agema Donigan Lahti Polidori

Amos Ebli LaJoy Proos

Angerer Elsenheimer Law, Kathleen Robertson

Ball Emmons LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gaffney Lindberg Scott

Booher Garfield Marleau Shaffer

Brandenburg Gillard Mayes Sheen

Brown Gonzales McDowell Sheltrown

Byrnes Green Meadows Simpson

Byrum Griffin Meekhof Smith, Alma

Calley Hammel Meisner Smith, Virgil

Casperson Hammon Melton Spade

Caswell Hansen Meltzer Stahl

Caul Hildenbrand Miller Stakoe

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 Palmer Wenke

Cushingberry Johnson Palsrok Wojno

Dean Jones, Rick Pastor Young

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Reps. Acciavatti, Amos, Ball, Bauer, Bieda, Booher, Brandenburg, Brown, Byrum, Calley, Constan, DeRoche, Elsenheimer, Farrah, Garfield, Gonzales, Griffin, Hildenbrand, Horn, Rick Jones, Robert Jones, Knollenberg, LaJoy, Kathleen Law, LeBlanc, Marleau, Mayes, Meadows, Melton, Meltzer, Moolenaar, Moss, Opsommer, Palmer, Pastor, Polidori, Sak, Schuitmaker, Scott, Shaffer, Simpson, Spade, Tobocman and Vagnozzi were named co‑sponsors of the bill.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.

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

Rep. Tobocman moved that when the House adjourns today it stand adjourned until Tuesday, September 16, at 1:30 p.m.

The motion prevailed.

Reps. Sheen, Condino, Robertson, Hoogendyk, Proos, Palsrok, Farrah, Ward, Hune, Caul, Booher, Hansen, Gaffney, Nitz, Meltzer, Moolenaar, Stahl, Green, Meekhof, Pastor, Emmons, Accavitti, Bieda, Brown, Clack, Constan, Dean, Hammel, Hildenbrand, Hopgood, Rick Jones, Robert Jones, LeBlanc, Leland, Lemmons, Marleau, Palmer, Sak, Simpson, Vagnozzi, Ball, Lahti and Shaffer offered the following resolution:

House Resolution No. 427.

A resolution proclaiming September 2008 as Life Insurance Awareness Month in the state of Michigan.

Whereas, Life insurance provides financial security for families in the event of death by helping surviving family members to meet immediate, ongoing, and future financial obligations and objectives; and

Whereas, Surveys consistently indicate that the vast majority of Americans believe that life insurance is an essential part of a sound financial plan; and

Whereas, The unfortunate reality today is that 68 million adult Americans have no life insurance and most of those with coverage have far less than experts recommend; and

Whereas, Five hundred thousand adults in the prime of their lives die prematurely each year in the United States, often leaving surviving family members in dire financial circumstances as a result of inadequate life insurance protection; and

Whereas, Determining how much and what kind of insurance to buy is one of the most important financial decisions consumers will ever make, individuals, families, and businesses can benefit greatly from the expert advice of a qualified life insurance professional; and

Whereas, The Life and Health Insurance Foundation for Education, and a coalition representing hundreds of leading life insurance companies and organizations have designated September 2008 as “Life Insurance Awareness Month.” The goal is to make consumers more aware of their life insurance needs, seek professional advice, and take the actions necessary to achieve the financial security of their loved ones; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body proclaim September 2008 as Life Insurance Awareness Month in the state of Michigan. We urge our citizens to learn more about life insurance and its benefits.

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. Corriveau, Accavitti, Bieda, Booher, Brown, Caul, Clack, Condino, Constan, Dean, Farrah, Gillard, Green, Griffin, Hammel, Hammon, Hansen, Hildenbrand, Hood, Hopgood, Robert Jones, LaJoy, LeBlanc, Leland, Lemmons, Marleau, Palmer, Pastor, Proos, Sak, Sheltrown, Simpson, Spade, Tobocman, Vagnozzi, Valentine, Ball, Gonzales, Lahti, Shaffer and Melton offered the following resolution:

House Resolution No. 428.

A resolution declaring September 2008 as Brain Aneurysm Awareness Month in the state of Michigan.

Whereas, One out of fifty people in the U.S. have a brain aneurysm. It is a silent killer, which often presents with no prior symptoms or whose symptoms are often ignored or misdiagnosed; and

Whereas, Studies show that approximately six million people will develop an aneurysm which will not rupture; and

Whereas, An un-ruptured brain aneurysm can lead to fatigue, short-term memory problems, speech problems, loss of balance and coordination, and changes in behavior; and

Whereas, Annually, over 30,000 people suffer a ruptured aneurysm in the United States. Ten to fifteen percent of these patients will die before reaching the hospital; and

Whereas, Over 50 percent of the people who suffer bleeding from an aneurysm die within the first month. Of those that survive, approximately another one-third will have residual major nervous system problems and are left with long-term memory problems; and

Whereas, Various risks factors can contribute to the formation of a brain aneurysm and/or increase the risk of it rupturing. These risk factors include infection, tumors, traumatic head injury, drug use, smoking, hypertension, and a family history of brain aneurysms. Further, women are twice as likely to develop brain aneurysm as men; and

Whereas, Various signs can help detect the likelihood of a brain aneurysm rupturing and often come on suddenly. These may include: stiff neck, nausea, vomiting, blurred or double vision, and seizures; and

Whereas, Shirley Dudek Demmer, a Michigan mother, loving wife, daughter and friend, suddenly, and without warning, was struck down with a brain aneurism in mid-November of 2007; and

Whereas, Bill Demmer, through a generous monetary gift in memory of his beloved wife, helped establish the Shirley Dudek Demmer Chair of Research Grant. The awarded grant will help fund critical research and support awareness initiatives designed to educate medical professionals to help prevent the common misdiagnosis of brain aneurysm; and

Whereas, Through public awareness, we as a state and a nation seek to minimize the devastating effects of brain aneurysms among all United States citizens; now, therefore, be it

Resolved by the House of Representative, That the members of this legislative body declare September 2008 as Brain Aneurysm Awareness Month in the state of Michigan; and be it further

Resolved, That the state of Michigan hereby recognizes Bill Demmer and his family for their commitment and dedication in the effort to bring awareness and early detection of this life threatening condition. We hope that his wife’s story may serve the community she held so dear; and be it further

Resolved, That we commemorate the life of Shirley Dudek Demmer and others who have lost their lives to this sudden affliction.

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 bills had been printed and placed upon the files of the members on Wednesday, September 10:

House Bill Nos. 6414 6415

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, September 10, for her approval of the following bill:

Enrolled House Bill No. 5898 at 3:07 p.m.

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

House Bill Nos. 6416 6417 6418 6419 6420 6421 6422 6423 6424 6425 6426 6427 6428 6429

6430 6431 6432 6433 6434 6435 6436 6437 6438

House Joint Resolutions KKK LLL

Senate Bill Nos. 1463 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478

1479 1480 1481 1482 1483 1484

The Clerk announced that the following Senate bills had been received on Thursday, September 11:

Senate Bill Nos. 921 1167

Reports of Standing Committees

The Committee on Health Policy, by Rep. Angerer, Chair, reported

Senate Bill No. 1304, entitled

A bill to amend 1969 PA 38, entitled “Hospital finance authority act,” by amending section 3 (MCL 331.33), as amended by 1994 PA 428.

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. Angerer, Simpson, Byrum, Clack, Corriveau, Coulouris, Donigan, Hammon, Robert Jones, Valentine, Wojno, Marleau, Green and Moore

Nays: None

The Committee on Health Policy, by Rep. Angerer, Chair, reported

House Resolution No. 296.

A resolution to memorialize the Congress and the President of the United States to enact the Breast Cancer Patient Protection Act.

(For text of resolution, see House Journal No. 22, p. 404.)

With the recommendation that the resolution be adopted.

The resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Angerer, Simpson, Byrum, Clack, Corriveau, Coulouris, Donigan, Hammon, Robert Jones, Valentine, Wojno and Moore

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Angerer, Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Thursday, September 11, 2008

Present: Reps. Angerer, Simpson, Byrum, Clack, Corriveau, Coulouris, Donigan, Hammon, Robert Jones, Valentine, Wojno, Marleau, Green and Moore

Absent: Reps. Johnson, Gaffney, Hune, Ball, Calley and Robertson

Excused: Reps. Johnson, Gaffney, Hune, Ball, Calley and Robertson

The Committee on Transportation, by Rep. Hopgood, Chair, reported

House Bill No. 6414, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 20b, 20c, and 642a.

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. Hopgood, Griffin, Bieda, Donigan, Ebli, Leland, Miller, Young, LaJoy, Nitz, Pavlov and Knollenberg

Nays: None

The Committee on Transportation, by Rep. Hopgood, Chair, reported

House Bill No. 6415, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1 (MCL 247.651).

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. Hopgood, Griffin, Accavitti, Bieda, Donigan, Ebli, Leland, Miller, Young, LaJoy, Nitz, Pavlov and Knollenberg

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 11, 2008

Present: Reps. Hopgood, Griffin, Accavitti, Bieda, Donigan, Ebli, Leland, Miller, Young, LaJoy, Nitz, Pavlov, Pearce, Stahl and Knollenberg

Absent: Reps. Mayes and Casperson

Excused: Reps. Mayes and Casperson

Messages from the Senate

Senate Bill No. 218, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 9 (MCL 207.559), as amended by 2007 PA 146.

The Senate has substituted (S-6) the House substitute (H-2).

The Senate has concurred in the House substitute (H-2) as substituted (S-6), ordered that the bill be given immediate effect and amended the title to read as follows:

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 9 (MCL 207.559), as amended by 2008 PA 170.

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

Senate Bill No. 921, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16345, 18301, 18303, 18305, 18307, and 18309 (MCL 333.16345, 333.18301, 333.18303, 333.18305, 333.18307, and 333.18309), section 16345 as added by 1993 PA 79, sections 18301, 18303, 18307, and 18309 as added by 1988 PA 473, and section 18305 as amended by 2006 PA 394, and by adding sections 18313 and 18315.

The Senate has passed the bill.

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

Senate Bill No. 1167, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16315, 16335, 17801, 17820, 17821, and 17822 (MCL 333.16315, 333.16335, 333.17801, 333.17820, 333.17821, and 333.17822), section 16315 as amended by 2007 PA 166, section 16335 as added by 1993 PA 80, section 17801 as amended by 1987 PA 213, sections 17820 and 17821 as amended by 2006 PA 387, and section 17822 as amended by 2005 PA 281, and by adding sections 17808, 17823, 17824, 17825, 17849, 17850, 17854, 17856, 17862, 17864, 17866, 17868, 17870, 17872, 17878, 17882, and 17884.

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Great Lakes and Environment from further consideration of House Bill No. 5037.

Rep. Agema

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Great Lakes and Environment from further consideration of House Bill No. 5038.

Rep. Agema

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of House Bill No. 6091.

Rep. Tobocman

Waiver

of Remaining Session Days

TO: Peter L. Plummer, Executive Director

State Office of Administrative Hearings and Rules

Norene Lind, Administrative Rules Manager

State Office of Administrative Hearings and Rules

Secretary of the Senate

Clerk of the House

FROM: Senator John Pappageorge, Chair

Representative Dudley Spade, Alternate Chair

DATE: September 11, 2008

The Joint Committee on Administrative Rules has by a concurrent majority vote, waived the remaining session days, pursuant to MCL 24.245a(1), for the proposed rule set dated April 21, 2008 as follows: Department of Environmental Quality—Air Quality Division -Air Pollution Control—Part 18. Prevention of Significant Deterioration of Air Quality (2007-017 EQ) (JCAR # 08-43).

According to MCL 24.245a(2), if the Committee waives the remaining session days, the State Office of Administrative Hearings and Rules may immediately file the rule.

Sincerely,

Senator John Pappageorge Representative Dudley Spade

Chair Alternate Chair

Joint Committee on Administrative Rules Joint Committee on Administrative Rules

Messages from the Governor

Date: September 10, 2008

Time: 3:05 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6205 (Public Act No. 269, I.E.), being

An act to amend 1975 PA 222, entitled “An act to establish the Michigan higher education student loan authority for the purpose of providing loans to eligible students and to parents of students; to prescribe its powers and duties; to authorize the authority to borrow money and issue bonds which are subject to or exempt from federal income taxation and to provide for the disposition of those funds; to exempt the bonds from taxation; to authorize the authority to acquire loans made to eligible students or to parents of students; and to authorize persons, corporations, and associations to make gifts to the authority,” by amending section 5 (MCL 390.1155), as amended by 2002 PA 547.

(Filed with the Secretary of State September 10, 2008, at 3:19 p.m.)

Date: September 10, 2008

Time: 4:05 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5898 (Public Act No. 270, I.E.), being

An act to amend 2007 PA 36, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” (MCL 208.1101 to 208.1601) by adding section 430.

(Filed with the Secretary of State September 11, 2008, at 10:58 a.m.)

Introduction of Bills

Rep. Ward introduced

House Bill No. 6439, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2110b (MCL 500.2110b), as added by 2004 PA 190.

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

Rep. Bieda introduced

House Bill No. 6440, entitled

A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” by amending section 3e (MCL 445.573e), as added by 1996 PA 384.