No. 54
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Tuesday, May 29, 2007.
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--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. Steven Lindberg, from the 109th District, offered the following invocation:
"I would like to preface today's prayer with a poem written by Native American author Joseph Bruchac.
Birdfoot's Grampa
The old man
must have stopped our car
two dozen times to climb out
and gather into his hands
the small toads blinded
by our lights and leaping,
live drops of rain.
The rain was falling,
a mist about his white hair
and I kept saying
you can't save them all
accept it, get back in
we've got places to go.
But, leathery hands full
of wet brown life
knee deep in the summer
roadside grasses,
he just smiled and said
they have places to go too.
Great Spirit and Heavenly Father, on this beautiful summer day, give us the ability to appreciate, the beauty and diversity of life that surrounds us in this Great State.
Help remind us as we rush about Lansing and our Districts on our important business, that there are others that have places to go that are as important as ours.
And as we go about our task of making public policy help us remember the words of Jesus when he told us: 'What you do unto the least of these, you do unto me.'
In Your name we pray, Amen."
______
Rep. Cushingberry asked and obtained an excuse from tomorrow's session.
Second Reading of Bills
House Bill No. 4556, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 11f (MCL 247.661f), as added by 2006 PA 140.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Mayes moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Mayes moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4234, entitled
A bill to amend 1982 PA 325, entitled "An act to authorize county sheriffs to declare a county jail overcrowding state of emergency; to prescribe the powers and duties of certain judges, county sheriffs, and other county officials; andto provide remedies for a county jail overcrowding state of emergency," (MCL 801.51 to 801.64) by adding section 9a.
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. Wenke moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4725, entitled
A bill to amend 1982 PA 325, entitled "An act to authorize county sheriffs to declare a county jail overcrowding state of emergency; to prescribe the powers and duties of certain judges, county sheriffs, and other county officials; and to provide remedies for a county jail overcrowding state of emergency," by amending sections 1, 2, 3, 4, 5, 9, and 10 (MCL 801.51, 801.52, 801.53, 801.54, 801.55, 801.59, and 801.60), section 9 as amended by 1988 PA 399, and by adding sections 1a, 9a, and 9b.
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 substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 4, line 4, after "THE" by inserting "CHIEF".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 3, line 8, by striking out the balance of the subdivision and inserting "THE SHERIFF SHALL MODIFY EACH OUTSTANDING BOND FOR THAT PRISONER TO A PERSONAL RECOGNIZANCE BOND IN THAT SAME AMOUNT, ISSUE TO THE PRISONER A RECEIPT SIMILAR TO AN INTERIM BOND RECEIPT, AND SEND A COPY OF THE RECEIPT TO THE COURT THAT SET THE BOND.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Condino moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 344, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 16 and 16z of chapterXVII (MCL 777.16 and 777.16z), section 16 as added by 1998 PA 317 and section 16z as amended by 2006 PA 655,byamending the headings of chapter XVII and part 2 of chapter XVII, and by adding sections 16aa and 16bb to chapter XVII.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 48, p. 709),
The amendment 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.
Senate Bill No. 360, 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 sections 11e and 11f (MCL 247.661e and 247.661f), section 11e as amended by 2006 PA 141 and section 11f as added by 2006 PA 140.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Hopgood moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4515, entitled
A bill to amend 1836 PA 25, entitled "An act concerning the records of deeds and other conveyances of land," by amending section 1 (MCL 565.581).
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.
______
Rep. Tobocman moved that Rep. Polidori 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. 4515, entitled
A bill to amend 1836 PA 25, entitled "An act concerning the records of deeds and other conveyances of land," by amending section 1 (MCL 565.581).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 178 Yeas--109
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Agema Ebli LaJoy Proos
Amos Elsenheimer Law, David Robertson
Angerer Emmons Law, Kathleen Rocca
Ball Espinoza LeBlanc Sak
Bauer Farrah Leland Schuitmaker
Bennett Gaffney Lemmons Scott
Bieda Garfield Lindberg Shaffer
Booher Gillard Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Steil
Cheeks Hoogendyk Moolenaar Tobocman
Clack Hopgood Moore Vagnozzi
Clemente Horn Moss Valentine
Condino Huizenga Nitz Walker
Constan Hune Nofs Ward
Corriveau Jackson Opsommer Warren
Coulouris Johnson Palmer Wenke
Cushingberry Jones, Rick Palsrok Wojno
Dean Jones, Robert Pastor 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. 4516, entitled
A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," by amending section 1 (MCL 565.201), as amended by 2002 PA 19.
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. 4516, entitled
A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," by amending section 1 (MCL 565.201), as amended by 2002 PA 19.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 179 Yeas--109
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Agema Ebli LaJoy Proos
Amos Elsenheimer Law, David Robertson
Angerer Emmons Law, Kathleen Rocca
Ball Espinoza LeBlanc Sak
Bauer Farrah Leland Schuitmaker
Bennett Gaffney Lemmons Scott
Bieda Garfield Lindberg Shaffer
Booher Gillard Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Steil
Cheeks Hoogendyk Moolenaar Tobocman
Clack Hopgood Moore Vagnozzi
Clemente Horn Moss Valentine
Condino Huizenga Nitz Walker
Constan Hune Nofs Ward
Corriveau Jackson Opsommer Warren
Coulouris Johnson Palmer Wenke
Cushingberry Jones, Rick Palsrok Wojno
Dean Jones, Robert Pastor 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. 4517, entitled
A bill to amend 1867 PA 20, entitled "An act relative to recording deeds, mortgages and instruments of record, and to declare the effect thereof," by amending section 1 (MCL 565.491), as amended by 1992 PA 211.
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. 4517, entitled
A bill to amend 1867 PA 20, entitled "An act relative to recording deeds, mortgages and instruments of record, and to declare the effect thereof," by amending section 1 (MCL 565.491), as amended by 1992 PA 211.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 180 Yeas--109
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Agema Ebli LaJoy Proos
Amos Elsenheimer Law, David Robertson
Angerer Emmons Law, Kathleen Rocca
Ball Espinoza LeBlanc Sak
Bauer Farrah Leland Schuitmaker
Bennett Gaffney Lemmons Scott
Bieda Garfield Lindberg Shaffer
Booher Gillard Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Steil
Cheeks Hoogendyk Moolenaar Tobocman
Clack Hopgood Moore Vagnozzi
Clemente Horn Moss Valentine
Condino Huizenga Nitz Walker
Constan Hune Nofs Ward
Corriveau Jackson Opsommer Warren
Coulouris Johnson Palmer Wenke
Cushingberry Jones, Rick Palsrok Wojno
Dean Jones, Robert Pastor 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. 4518, entitled
A bill to amend 1873 PA 5, entitled "An act to provide for the recording of judgments in actions affecting or relating to the title of real estate," by amending section 1 (MCL 565.401).
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. 4518, entitled
A bill to amend 1873 PA 5, entitled "An act to provide for the recording of judgments in actions affecting or relating to the title of real estate," by amending section 1 (MCL 565.401).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 181 Yeas--109
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Agema Ebli LaJoy Proos
Amos Elsenheimer Law, David Robertson
Angerer Emmons Law, Kathleen Rocca
Ball Espinoza LeBlanc Sak
Bauer Farrah Leland Schuitmaker
Bennett Gaffney Lemmons Scott
Bieda Garfield Lindberg Shaffer
Booher Gillard Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Steil
Cheeks Hoogendyk Moolenaar Tobocman
Clack Hopgood Moore Vagnozzi
Clemente Horn Moss Valentine
Condino Huizenga Nitz Walker
Constan Hune Nofs Ward
Corriveau Jackson Opsommer Warren
Coulouris Johnson Palmer Wenke
Cushingberry Jones, Rick Palsrok Wojno
Dean Jones, Robert Pastor 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. 4519, entitled
A bill to amend 1915 PA 123, entitled "An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits," by amending section 2 (MCL 565.452).
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. 4519, entitled
A bill to amend 1915 PA 123, entitled "An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits," by amending section 2 (MCL 565.452).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 182 Yeas--109
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Agema Ebli LaJoy Proos
Amos Elsenheimer Law, David Robertson
Angerer Emmons Law, Kathleen Rocca
Ball Espinoza LeBlanc Sak
Bauer Farrah Leland Schuitmaker
Bennett Gaffney Lemmons Scott
Bieda Garfield Lindberg Shaffer
Booher Gillard Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Steil
Cheeks Hoogendyk Moolenaar Tobocman
Clack Hopgood Moore Vagnozzi
Clemente Horn Moss Valentine
Condino Huizenga Nitz Walker
Constan Hune Nofs Ward
Corriveau Jackson Opsommer Warren
Coulouris Johnson Palmer Wenke
Cushingberry Jones, Rick Palsrok Wojno
Dean Jones, Robert Pastor 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. 4520, entitled
A bill to amend 1875 PA 54, entitled "An act to facilitate the inspection and reproduction of the records and files in the offices of the registers of deeds," by amending section 1 (MCL 565.551), as amended by 1994 PA 51.
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. 4520, entitled
A bill to amend 1875 PA 54, entitled "An act to facilitate the inspection and reproduction of the records and files in the offices of the registers of deeds," by amending section 1 (MCL 565.551), as amended by 1994 PA 51.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 183 Yeas--109
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Agema Ebli LaJoy Proos
Amos Elsenheimer Law, David Robertson
Angerer Emmons Law, Kathleen Rocca
Ball Espinoza LeBlanc Sak
Bauer Farrah Leland Schuitmaker
Bennett Gaffney Lemmons Scott
Bieda Garfield Lindberg Shaffer
Booher Gillard Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Steil
Cheeks Hoogendyk Moolenaar Tobocman
Clack Hopgood Moore Vagnozzi
Clemente Horn Moss Valentine
Condino Huizenga Nitz Walker
Constan Hune Nofs Ward
Corriveau Jackson Opsommer Warren
Coulouris Johnson Palmer Wenke
Cushingberry Jones, Rick Palsrok Wojno
Dean Jones, Robert Pastor 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.
______
Rep. Tobocman moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Tobocman moved that when the House adjourns today it stand adjourned until Wednesday, May 30, at 10:30 a.m.
The motion prevailed.
Reps. Leland, Polidori, Bennett, Byrnes, Amos, Accavitti, Bauer, Bieda, Clack, Condino, Constan, Coulouris, Cushingberry, Donigan, Farrah, Gillard, Gonzales, Hildenbrand, Hopgood, Huizenga, Robert Jones, Kathleen Law, LeBlanc, Lemmons, Marleau, Mayes, Melton, Miller, Nitz, Proos, Rocca, Sak, Shaffer, Sheltrown, Alma Smith, Spade, Stahl, Tobocman, Valentine, Wojno, Young and Hammel offered the following resolution:
House Resolution No. 126.
A resolution commemorating May 2007 as Bike Month in Michigan.
Whereas, The bicycle is a viable and environmentally-sound form of transportation and an excellent form of recreation; and
Whereas, Thousands of people throughout Michigan will experience the joys of bicycling during the month of May through educational programs, commuting events, trail work days, helmet promotions, and charity rides; and
Whereas, Michigan offers many bicycling opportunities for transportation, recreation, and exercise, and it is important for children and adults to learn the basics of bicycle safety; and
Whereas, Cyclists can enjoy Michigan's beautiful scenery and many of our parks, attractions, and historic sites from a unique vantage point; and
Whereas, May has been declared National Bike Month by the League of Michigan Bicyclists to increase awareness about bicycling opportunities through organized activities such as bike-to-work days and bicycle rodeos for children; now, therefore, be it
Resolved by the House of Representatives, That we commemorate May 2007 as Bike Month in Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to Secretary of State Terri Lynn Land.
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 Tuesday, May 29:
House Bill No. 4853
Senate Bill Nos. 540 541 542 543 544 545 552
The Clerk announced that the following Senate bills had been received on Tuesday, May 29:
Senate Bill Nos. 354 415 416
Reports of Standing Committees
The Committee on Transportation, by Rep. Hopgood, Chair, reported
House Bill No. 4275, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 809 (MCL 257.809), as amended by 2005 PA 141.
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, Accavitti, Bieda, Donigan, Ebli, Leland, Mayes, Miller, Young, LaJoy, Casperson, Nitz, Pavlov, Stahl and Knollenberg
Nays: Rep. Pearce
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hopgood, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Tuesday, May 29, 2007
Present: Reps. Hopgood, Griffin, Accavitti, Bieda, Donigan, Ebli, Leland, Mayes, Miller, Young, LaJoy, Casperson, Nitz, Pavlov, Pearce, Stahl and Knollenberg
The Committee on Regulatory Reform, by Rep. Farrah, Chair, reported
House Bill No. 4732, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 523 (MCL 436.1523).
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. Farrah, Scott, Meadows, Virgil Smith, Marleau, Gaffney and Ward
Nays: Rep. Palsrok
The Committee on Regulatory Reform, by Rep. Farrah, Chair, reported
House Bill No. 4749, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 312a and 658 (MCL 257.312a and 257.658), section 658 as amended by 2002 PA 494, and by adding section 658c; 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. Farrah, Virgil Smith, Wojno, Marleau, Palsrok and Ward
Nays: Rep. Gaffney
The Committee on Regulatory Reform, by Rep. Farrah, Chair, reported
Senate Bill No. 25, entitled
A bill to amend 1982 PA 204, entitled "Deaf persons' interpreters act," by amending the title and sections 4, 5, 6, 7, and 8 (MCL 393.504, 393.505, 393.506, 393.507, and 393.508), section 8 as amended by 1988 PA 435, and by adding sections 8a, 8b, 8c, 8d, and 8e.
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. Farrah, Scott, Meadows, Virgil Smith, Wojno, Marleau, Palsrok, Gaffney and Ward
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Farrah, Chair, of the Committee on Regulatory Reform, was received and read:
Meeting held on: Tuesday, May 29, 2007
Present: Reps. Farrah, Scott, Meadows, Virgil Smith, Wojno, Marleau, Palsrok, Gaffney and Ward
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meisner, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, May 29, 2007
Present: Reps. Meisner, Robert Jones, Accavitti, Byrum, Coulouris, Dean, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones and Knollenberg
Absent: Reps. Clemente and Meltzer
Excused: Reps. Clemente and Meltzer
Messages from the Senate
Senate Bill No. 354, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 40107c.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Senate Bill No. 415, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 9205b.
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. 416, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1177a (MCL 380.1177a), as added by 2005 PA 240.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Communications from State Officers
The following communication from the Department of Community Health was received and read:
May 23, 2007
In accordance with MCL 333.7524a., I am pleased to present to the Michigan Legislature the 15th comprehensive report on asset forfeiture. Michigan's asset forfeiture program saves taxpayer money and deprives drug criminals of cash and property obtained through illegal activity. Michigan's law enforcement community has done an outstanding job of stripping drug dealers of illicit gain and utilizing these proceeds to expand and enhance drug enforcement efforts to protect our citizens.
During 2006, over $26.8 million in cash and assets amassed by drug traffickers was forfeited and put back into the fight against drugs through the use of state and federal forfeiture laws. Extensive multi-agency teamwork is evident in this report. Considerable assets were obtained as the result of joint enforcement involving several agencies at the federal, state and local levels.
Forfeiture funds were used to further enforce drug laws by providing resources for drug enforcement personnel, needed equipment, undercover informant and investigative costs, and matching funds to obtain federal grants. Some of the forfeited assets were also used for drug and gang prevention education programs.
I commend our law enforcement community for the tremendous job they have done and submit this report for your information and review.
Sincerely,
Donald L. Allen, Jr., Director
Office of Drug Control Policy
The communication was referred to the Clerk.
The following communications from the Auditor General were received and read:
May 25, 2007
Enclosed is a copy of the following audit report and/or report summary:
Financial audit, including the provisions of the Single Audit Act, of the
Michigan Economic Development Corporation,
a component unit of the State of Michigan,
for the period October 1, 2004 through September 30, 2006
May 25, 2007
Enclosed is 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 State,
for the period October 1, 2004 through September 30, 2006
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Clerk and the accompanying reports referred to the Committee on Government Operations.
Introduction of Bills
Reps. Alma Smith, Vagnozzi, Ward and Knollenberg introduced
House Bill No. 4854, entitled
A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," (MCL 38.1132 to 38.1140m) by adding section 13c.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Hoogendyk, Palmer, Marleau, Agema, Calley, Meekhof, Nitz, Amos, Sheen and Robertson introduced
House Bill No. 4855, entitled
A bill to establish a higher education enrollment option grant program for certain students; to prescribe certain duties of public schools; and to prescribe certain powers and duties of certain postsecondary educational institutions and state departments, officials, and agencies.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Palmer, Hoogendyk, Marleau and Sheen introduced
House Bill No. 4856, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1561 (MCL 380.1561), as amended by 1996 PA 339.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Hoogendyk, Agema, Knollenberg, Sheen, Robertson, Stahl, Ward, Elsenheimer, Meekhof, Stakoe, Huizenga, Steil, Acciavatti, Pavlov, Brandenburg, Rick Jones, Pastor, Schuitmaker and Opsommer introduced
House Bill No. 4857, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1215 and 1227 (MCL 380.1215 and 380.1227), section 1215 as amended by 2002 PA 63 and section 1227 as amended by 2002 PA 66, and by adding section 1227a.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Hoogendyk, Agema, Knollenberg, Sheen, Robertson, Stahl, Ward, Elsenheimer, Meekhof, Stakoe, Huizenga, Steil, Acciavatti, Pavlov, Brandenburg, Rick Jones, Pastor, Schuitmaker and Opsommer introduced
House Bill No. 4858, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1209.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Cushingberry, Johnson, Alma Smith, Clack, Robert Jones, Condino, Lemmons, Scott, Virgil Smith, Bauer, Miller, Young, Melton, Coulouris, Dean, Ebli, Nofs, Gaffney, Jackson, Vagnozzi and Meadows introduced
House Bill No. 4859, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1304, 1312, and 1321 (MCL 600.1304, 600.1312, and 600.1321), sections 1304 and 1321 as amended by 2004 PA 12 and section 1312 as amended by 2005 PA 6, and by adding sections 1301c, 1310a, and 1310b.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Condino introduced
House Bill No. 4860, entitled
A bill to amend 1969 PA 287, entitled "An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies," by amending the title and sections 4 and 9b (MCL 287.334 and 287.339b), the title as amended and section 9b as added by 1997 PA 7 and section 4 as amended by 2004 PA 280.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Meadows introduced
House Bill No. 4861, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 321 (MCL 600.321), as amended by 2005 PA 326.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Condino introduced
House Bill No. 4862, entitled
A bill to amend 1931 PA 189, entitled "The insect pest and plant disease act," by amending sections 6, 9, and 11 (MCL 286.206, 286.209, and 286.211), section 6 as amended by 1995 PA 137, section 9 as amended by 2004 PA 273, and section 11 as amended by 1984 PA 88.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Johnson introduced
House Bill No. 4863, entitled
A bill to amend 1974 PA 93, entitled "An act to license and regulate horse riding stables and sales barns; to prescribe the duties of the department of agriculture; and to provide a penalty," by amending section 3 (MCL 287.113), as amended by 2003 PA 86.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Johnson introduced
House Bill No. 4864, entitled
A bill to amend 1937 PA 284, entitled "An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers' proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act," by amending section 3 (MCL 287.123), as amended by 2004 PA 279.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Johnson introduced
House Bill No. 4865, entitled
A bill to amend 1964 PA 265, entitled "Uniform securities act," by amending section 202 (MCL 451.602), as amended by 2003 PA 150.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Johnson introduced
House Bill No. 4866, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 1060 (MCL 450.2060), as amended by 2003 PA 106.
The bill was read a first time by its title and referred to the Committee on Appropriations.
______
Rep. LaJoy moved that the House adjourn.
The motion prevailed, the time being 3:30 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, May 30, at 10:30 a.m.
RICHARD J. BROWN
Clerk of the House of Representatives