2007-HJ-07-25-073.htm

No. 73

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Wednesday, July 25, 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--excused

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--excused 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. Tom Pearce, from the 73rd District, offered the following invocation:

"It is our confession Lord that we are weak but You are strong.

You are the Alpha and Omega, the beginning and the end. You are our redeemer. Through You and You alone comes our salvation. You are to be exalted to the highest place and at the name of Jesus every knee should bow in heaven and on earth and under the earth and every tongue confess that Jesus Christ is Lord.

Lord, it is my prayer today that a wave of humility would wash over this capitol. That we, Your servants, would humble ourselves and seek Your face. Deafen us to self-interest so that we may hear Your voice. Blind us from special-interest that we may see this state and its people through Your eyes. Expose our feeble attempts to manipulate You and each other to fulfill our own agendas, that we may be forced to seek Your strength, Your wisdom and Your heart. So that at the end of the day, it is You, not anyone of us, who receives the honor and glory for the healing of this great state.

Now unto Him who is able to keep us from falling, unto him be honor and glory forever and ever. Amen."

______

Rep. Booher moved that Rep. Sheen be excused from today's session.

The motion prevailed.

Rep. Tobocman moved that Rep. Hopgood be excused from today's session.

The motion prevailed.

______

Rep. Tobocman moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

Rep. Nitz moved that Reps. Emmons and DeRoche be excused temporarily from today's session.

The motion prevailed.

Third Reading of Bills

House Bill No. 4533, entitled

A bill to amend 1947 PA 336, entitled "An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act," by amending section 15 (MCL 423.215), as amended by 1994 PA 112.

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

Roll Call No. 267 Yeas--59

Accavitti Coulouris Johnson Rocca

Angerer Cushingberry Jones, Robert Sak

Bauer Dean Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gaffney Lindberg Spade

Casperson Gillard Mayes Tobocman

Cheeks Gonzales McDowell Vagnozzi

Clack Griffin Meadows Valentine

Clemente Hammel Meisner Warren

Condino Hammon Melton Wojno

Constan Hood Miller Young

Corriveau Jackson Polidori

Nays--46

Acciavatti Hansen Meltzer Pearce

Agema Hildenbrand Moolenaar Proos

Amos Hoogendyk Moore Robertson

Ball Horn Moss Schuitmaker

Booher Huizenga Nitz Shaffer

Brandenburg Hune Nofs Stahl

Calley Jones, Rick Opsommer Stakoe

Caswell Knollenberg Palmer Steil

Caul LaJoy Palsrok Walker

Elsenheimer Law, David Pastor Ward

Garfield Marleau Pavlov Wenke

Green Meekhof

In The Chair: Sak

The House agreed to the title of the bill.

Rep. Tobocman moved to reconsider the vote by which the House passed the bill.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 268 Yeas--60

Accavitti Coulouris Jackson Polidori

Angerer Cushingberry Johnson Rocca

Bauer Dean Jones, Robert Sak

Bennett Dillon Lahti Scott

Bieda Donigan Law, Kathleen Sheltrown

Brown Ebli LeBlanc Simpson

Byrnes Espinoza Leland Smith, Alma

Byrum Farrah Lemmons Smith, Virgil

Casperson Gaffney Lindberg Spade

Cheeks Gillard Mayes Tobocman

Clack Gonzales McDowell Vagnozzi

Clemente Griffin Meadows Valentine

Condino Hammel Meisner Warren

Constan Hammon Melton Wojno

Corriveau Hood Miller Young

Nays--46

Acciavatti Hansen Meltzer Pearce

Agema Hildenbrand Moolenaar Proos

Amos Hoogendyk Moore Robertson

Ball Horn Moss Schuitmaker

Booher Huizenga Nitz Shaffer

Brandenburg Hune Nofs Stahl

Calley Jones, Rick Opsommer Stakoe

Caswell Knollenberg Palmer Steil

Caul LaJoy Palsrok Walker

Elsenheimer Law, David Pastor Ward

Garfield Marleau Pavlov Wenke

Green Meekhof

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.

House Bill No. 4869, entitled

A bill to amend 2004 PA 403, entitled "Michigan boxing regulatory act," by amending sections 1, 10, 11, 20, 21, 22, 31, 32, 33, 34, 35, 47, 48, 51, 53, 54, 55, 56, 57, and 58 (MCL 338.3601, 338.3610, 338.3611, 338.3620, 338.3621, 338.3622, 338.3631, 338.3632, 338.3633, 338.3634, 338.3635, 338.3647, 338.3648, 338.3651, 338.3653, 338.3654, 338.3655, 338.3656, 338.3657, and 338.3658), sections 11, 31, 33, 34, 47, 48, and 54 as amended by 2005 PA 49.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Farrah moved to substitute (H-1) the bill.

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

The question being on the passage of the bill,

Rep. Ward moved to amend the bill as follows:

1. Amend page 1, line 2, by striking out all of line 2 and inserting ""BARB FARRAH MICHIGAN UNARMED COMBAT REGULATORY ACT".".

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 269 Yeas--94

Accavitti Dillon Knollenberg Pavlov

Acciavatti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons LeBlanc Robertson

Bennett Espinoza Leland Rocca

Booher Farrah Lemmons Schuitmaker

Brandenburg Gaffney Marleau Scott

Brown Garfield Mayes Shaffer

Byrnes Gillard McDowell Simpson

Byrum Gonzales Meadows Smith, Alma

Calley Griffin Meekhof Smith, Virgil

Casperson Hammel Meisner Spade

Caswell Hammon Melton Stahl

Caul Hansen Meltzer Steil

Cheeks Hildenbrand Miller Tobocman

Clack Hood Moore Vagnozzi

Condino Hoogendyk Moss Valentine

Constan Horn Nitz Ward

Corriveau Huizenga Opsommer Warren

Coulouris Hune Palmer Wenke

Cushingberry Jackson Palsrok Wojno

Dean Johnson Pastor Young

DeRoche Jones, Rick

Nays--14

Ball Green Moolenaar Sheltrown

Bauer Jones, Robert Nofs Stakoe

Bieda Law, Kathleen Sak Walker

Clemente Lindberg

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 2004 PA 403, entitled "Michigan boxing regulatory act," by amending sections 1, 10, 11, 12, 20, 21, 22, 31, 32, 33, 34, 35, 47, 48, 51, 53, 54, 55, 56, 57, and 58 (MCL 338.3601, 338.3610, 338.3611, 338.3612, 338.3620, 338.3621, 338.3622, 338.3631, 338.3632, 338.3633, 338.3634, 338.3635, 338.3647, 338.3648, 338.3651, 338.3653, 338.3654, 338.3655, 338.3656, 338.3657, and 338.3658), sections 11, 31, 33, 34, 47, 48, and 54 as amended by 2005 PA 49.

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.

______

Rep. Bieda, 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:

After much consideration, I voted 'no' on House Bills 4869 and 4870 because I do not believe this change in the law either benefits society, nor advances the culture of our state. I would not feel comfortable with children being exposed to this type of violence, and I sincerely believe that a civilized society would not recognize this as a legitimate sport. 'Ultimate Fighting Championships' glorify violence, and appeal to the baser instincts of human nature. I know the long-term as well as the short term health risks of more traditional fighting sports such as boxing, and I am sincerely concerned with expanding our definition of sport to include this type of activity. Because of these concerns I voted 'no' on both bills."

______

Rep. Tobocman moved that Rep. Condino be excused temporarily from today's session.

The motion prevailed.

Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.

The motion prevailed.

House Bill No. 4870, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 447 (MCL 750.447), as amended by 2004 PA 404.

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

Roll Call No. 270 Yeas--93

Accavitti Donigan Knollenberg Pavlov

Acciavatti Ebli Lahti Pearce

Agema Elsenheimer LaJoy Polidori

Amos Emmons Law, David Proos

Angerer Espinoza LeBlanc Robertson

Bennett Farrah Leland Rocca

Booher Gaffney Lemmons Schuitmaker

Brandenburg Garfield Marleau Scott

Brown Gillard Mayes Shaffer

Byrnes Gonzales McDowell Simpson

Byrum Griffin Meadows Smith, Alma

Calley Hammel Meekhof Smith, Virgil

Casperson Hammon Meisner Spade

Caswell Hansen Melton Stahl

Caul Hildenbrand Meltzer Steil

Cheeks Hood Miller Tobocman

Clack Hoogendyk Moore Vagnozzi

Clemente Horn Moss Valentine

Constan Huizenga Nitz Ward

Corriveau Hune Opsommer Warren

Coulouris Jackson Palmer Wenke

Cushingberry Johnson Palsrok Wojno

Dean Jones, Rick Pastor Young

Dillon

Nays--13

Ball Jones, Robert Moolenaar Sheltrown

Bauer Law, Kathleen Nofs Stakoe

Bieda Lindberg Sak Walker

Green

In The Chair: Sak

The House agreed to the title of the bill.

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

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

______

Rep. Bieda, 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:

House Bill No. 4956, entitled

A bill to amend 2000 PA 92, entitled "Food law of 2000," by amending sections 1105, 1107, 1109, 2111, 2113, 2119, 2123, 2125, 2129, 3103, 3119, 3121, 3123, 3125, 3127, 3135, 3137, 3139, 4101, 4103, 4105, 4107, 4111, 4113, 4116, 4117, 4125, 5101, 5105, 5107, 6101, 6115, 6129, 6137, 6147, 6149, 7105, 7113, 7115, 7119, 7125, 7137, 8105, and 8107 (MCL 289.1105, 289.1107, 289.1109, 289.2111, 289.2113, 289.2119, 289.2123, 289.2125, 289.2129, 289.3103, 289.3119, 289.3121, 289.3123, 289.3125, 289.3127, 289.3135, 289.3137, 289.3139, 289.4101, 289.4103, 289.4105, 289.4107, 289.4111, 289.4113, 289.4116, 289.4117, 289.4125, 289.5101, 289.5105, 289.5107, 289.6101, 289.6115, 289.6129, 289.6137, 289.6147, 289.6149, 289.7105, 289.7113, 289.7115, 289.7119, 289.7125, 289.7137, 289.8105, and 289.8107), sections 1109, 3119, 4111, 4117, 6101, and 6149 as amended by 2002 PA 487 and section 4116 as added by 2004 PA 267, and by adding sections 6140 and 7106; 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. 271 Yeas--106

Accavitti Donigan LaJoy Pearce

Acciavatti Ebli Law, David Polidori

Agema Elsenheimer Law, Kathleen Proos

Amos Emmons LeBlanc Robertson

Angerer Espinoza Leland Rocca

Ball Farrah Lemmons Sak

Bauer Gaffney Lindberg Schuitmaker

Bennett Garfield Marleau Scott

Bieda Gillard Mayes Shaffer

Booher Gonzales McDowell Sheltrown

Brandenburg Green Meadows Simpson

Brown Griffin Meekhof Smith, Alma

Byrnes Hammel Meisner Smith, Virgil

Byrum Hammon Melton Spade

Calley Hansen Meltzer Stahl

Casperson Hildenbrand Miller Stakoe

Caswell Hood Moolenaar Steil

Caul Hoogendyk Moore Tobocman

Cheeks Horn Moss Vagnozzi

Clack Huizenga Nitz Valentine

Clemente 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

Dillon Lahti

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:

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Accavitti, Ball, Bauer, Bieda, Booher, Brown, Calley, Caul, Cheeks, Corriveau, Coulouris, Cushingberry, Donigan, Espinoza, Gaffney, Gillard, Gonzales, Griffin, Hammon, Hansen, Horn, Johnson, Rick Jones, Robert Jones, Kathleen Law, LeBlanc, Leland, Lemmons, Meadows, Meekhof, Moolenaar, Nitz, Nofs, Opsommer, Polidori, Proos, Sak, Sheltrown, Alma Smith, Stahl and Warren were named co-sponsors of the bill.

House Bill No. 4553, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 759 (MCL 168.759), as amended by 1995 PA 261.

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

Roll Call No. 272 Yeas--96

Accavitti DeRoche Lahti Pearce

Acciavatti Dillon LaJoy Polidori

Amos Donigan Law, David Proos

Angerer Ebli Law, Kathleen Robertson

Ball Elsenheimer LeBlanc Rocca

Bauer Emmons Leland Sak

Bennett Espinoza Lemmons Schuitmaker

Bieda Farrah Lindberg Scott

Booher Gaffney Marleau Sheltrown

Brandenburg Gillard Mayes Simpson

Brown Gonzales McDowell Smith, Alma

Byrnes Green Meadows Smith, Virgil

Byrum Griffin Meisner Spade

Calley Hammel Melton Stakoe

Casperson Hammon Miller Steil

Cheeks Hansen Moolenaar Tobocman

Clack Hildenbrand Moore Vagnozzi

Clemente Hood Moss Valentine

Condino Horn Nitz Walker

Constan Hune Nofs Ward

Corriveau Jackson Opsommer Warren

Coulouris Johnson Palsrok Wenke

Cushingberry Jones, Rick Pastor Wojno

Dean Jones, Robert Pavlov Young

Nays--12

Agema Garfield Knollenberg Palmer

Caswell Hoogendyk Meekhof Shaffer

Caul Huizenga Meltzer Stahl

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.

House Bill No. 4447, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509o (MCL 168.509o), as added by 1994 PA 441.

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

Roll Call No. 273 Yeas--58

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gaffney Lindberg Spade

Cheeks Gillard Mayes Tobocman

Clack Gonzales McDowell Vagnozzi

Clemente Griffin Meadows Valentine

Condino Hammel Meisner Warren

Constan Hammon Melton Wojno

Corriveau Hood Miller Young

Coulouris Jackson

Nays--50

Acciavatti Garfield Meekhof Pearce

Agema Green Meltzer Proos

Amos Hansen Moolenaar Robertson

Ball Hildenbrand Moore Rocca

Booher Hoogendyk Moss Schuitmaker

Brandenburg Horn Nitz Shaffer

Calley Huizenga Nofs Stahl

Casperson Hune Opsommer Stakoe

Caswell Jones, Rick Palmer Steil

Caul Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Law, David Pavlov Wenke

Emmons Marleau

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Reps. Accavitti, Bieda, Brown, Byrnes, Byrum, Cheeks, Cushingberry, Donigan, Gonzales, Griffin, Hammon, Lemmons and Sak were named co-sponsors of the bill.

House Bill No. 4448, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307 and 315 (MCL 257.307 and 257.315), section 307 as amended by 2006 PA 298 and section 315 as amended by 1999 PA 118.

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

Roll Call No. 274 Yeas--57

Accavitti Cushingberry Jackson Miller

Angerer Dean Johnson Polidori

Bauer Dillon Jones, Robert Sak

Bennett Donigan Lahti Sheltrown

Bieda Ebli Law, Kathleen Simpson

Brown Espinoza LeBlanc Smith, Alma

Byrnes Farrah Leland Smith, Virgil

Byrum Gaffney Lemmons Spade

Cheeks Gillard Lindberg Tobocman

Clack Gonzales Mayes Vagnozzi

Clemente Griffin McDowell Valentine

Condino Hammel Meadows Warren

Constan Hammon Meisner Wojno

Corriveau Hood Melton Young

Coulouris

Nays--51

Acciavatti Garfield Meekhof Proos

Agema Green Meltzer Robertson

Amos Hansen Moolenaar Rocca

Ball Hildenbrand Moore Schuitmaker

Booher Hoogendyk Moss Scott

Brandenburg Horn Nitz Shaffer

Calley Huizenga Nofs Stahl

Casperson Hune Opsommer Stakoe

Caswell Jones, Rick Palmer Steil

Caul Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Law, David Pavlov Wenke

Emmons Marleau Pearce

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. 4641, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 21 (MCL 280.21), as amended by 1989 PA 134.

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

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

Rep. Kathleen Law moved to amend the bill as follows:

1. Amend page 4, line 2, after "ACT," by inserting "INCLUDING, BUT NOT LIMITED TO, OPERATING SEWERS, LAKE LEVEL AND SOIL EROSION ENFORCEMENT, AND FACILITATING COMPLIANCE WITH FEDERAL CLEAN WATER ACT MANDATES,".

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

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

The motion prevailed.

House Bill No. 4642, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 6 (MCL 280.6).

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

The substitute (H-1) 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. 4643, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 247 (MCL 280.247).

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4644, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 421 (MCL 280.421).

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

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

Rep. Accavitti 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. Ball moved to amend the bill as follows:

1. Amend page 2, line 4, after "UNDER" by inserting "AN ESTABLISHED ROAD OR ROAD RIGHT-OF-WAY AND IS UNDER".

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

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

The motion prevailed.

House Bill No. 4688, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 196 (MCL 280.196), as amended by 1989 PA 149.

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

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

Rep. Nitz moved to amend the bill as follows:

1. Amend page 5, line 22, after "ACT" by striking out "AND IN COUNTIES WITH A POPULATION EXCEEDING 750,000".

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 4354, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2008; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

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. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade and Vagnozzi

Nays: Reps. Acciavatti, Brandenburg, Amos and Agema

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 4358, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2008; to provide for the expenditure of those appropriations; to create certain funds and accounts; to require certain reports; to prescribe the powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

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. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade and Vagnozzi

Nays: Reps. Acciavatti, Brandenburg, Amos, Booher, Hansen, Agema, Moss and Nofs

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 4829, entitled

A bill to make, supplement, and adjust appropriations for the department of natural resources for the fiscal year ending September 30, 2007; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

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. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Brandenburg, Amos, Booher, Caul, Hansen, Proos, Agema, Moss and Nofs

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, July 25, 2007

Present: Reps. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Brandenburg, Amos, Booher, Caul, Hansen, Proos, Agema, Moss and Nofs

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Knollenberg, David Law, Moss, Bieda, Casperson, Clack, Condino, Dean, DeRoche, Garfield, Hildenbrand, Horn, Rick Jones, LaJoy, Palmer, Pastor, Proos, Scott, Stahl and Wojno offered the following resolution:

House Resolution No. 159.

A resolution to urge the President of the United States, the United States Congress and the United States Department of State to consult with appropriate officials in Syria, Lebanon, and the Palestinian Authority regarding the status of missing Israeli soldiers and demand the immediate and unconditional release of three Israeli soldiers currently believed to be held by Hamas and Hezbollah.

Whereas, The United States Congress expressed its concern for Israeli soldiers missing in Lebanon and the Hezbollah-controlled territory of Lebanon in Public Law 106-89 (113 Stat. 1305; November 8, 1999) which required the Secretary of State to probe into the disappearance of Israeli soldiers with appropriate government officials of Syria, Lebanon, the Palestinian Authority, and other governments in the region, and to submit to the Congress reports on those efforts and any subsequent discovery of relevant information; and

Whereas, Israel completed its withdrawal from southern Lebanon on May 24, 2000. On June 18, 2000, the United Nations Security Council welcomed and endorsed United Nations Secretary-General Kofi Annan's report that Israel had withdrawn completely from Lebanon under the terms of United Nations Security Council Resolution 425 (1978). Nearly five years later, Israel completed its withdrawal from Gaza on September 12, 2005; and

Whereas, On June 25, 2006, Hamas and allied terrorists crossed into Israel to attack a military post, killing two soldiers and wounding a third, Gilad Shalit, who was kidnapped. On July 12, 2006, Hezbollah terrorists crossed into Israel to attack Israeli troops patrolling the Israeli side of the border with Lebanon, killing three, wounding two, and kidnapping two Israelis, Ehud Goldwasser and Eldad Regev; and

Whereas, Gilad Shalit has been held in captivity by Hamas for more than a year, while Ehud Goldwasser and Eldad Regev have been held by Hezbollah for a year. Hamas and Hezbollah have withheld all information on the health and welfare of these kidnapped men. Additionally, contrary to the most basic standards of humanitarian conduct, Hamas and Hezbollah have prevented access to the Israeli captives by competent medical personnel and representatives of the International Committee of the Red Cross. This failure to meet even the most basic medical needs of the kidnapped soldiers must be reversed at once; and

Whereas, It is incumbent upon our government to express its vigorous support and unwavering commitment to the welfare and survival of the state of Israel as a Jewish and democratic state with secure borders, and its vested interest in achieving a resolution to the Israeli-Palestinian conflict through the creation of a viable and independent Palestinian state living in peace alongside the state of Israel. The United States government should convey its ongoing concern for the families of Gilad Shalit, Ehud Goldwasser, and Eldad Regev and all other missing Israeli soldiers as well as its full commitment to seek the immediate and unconditional release of the Israeli captives; and

Whereas, As a function of the precepts on which this country was founded, we must condemn Hamas and Hezbollah for the cross-border attacks and kidnappings which precipitated weeks of intensive armed conflict among Israel, Hezbollah, and armed Palestinian groups, and condemn Iran and Syria, the primary state sponsors of global terrorism and the patrons of Hezbollah and Hamas, for their ongoing support of international terrorism; now, therefore, be it

Resolved by the House of Representatives, That we urge the President of the United States, the United States Congress, and the United States Department of State to consult with appropriate officials in Syria, Lebanon, and the Palestinian Authority regarding the status of missing Israeli soldiers and demand the immediate and unconditional release of three Israeli soldiers currently believed to be held by Hamas and Hezbollah; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the Secretary of the Department of State, 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 Government Operations.

Reps. Griffin, Simpson, Acciavatti, LeBlanc, Pavlov, Angerer, Bieda, Brown, Byrum, Casperson, Caswell, Clack, Clemente, Condino, Constan, Dean, DeRoche, Farrah, Garfield, Hammel, Hildenbrand, Horn, Rick Jones, Robert Jones, Knollenberg, LaJoy, Kathleen Law, Lemmons, Marleau, Melton, Moore, Palmer, Pastor, Proos, Scott, Spade, Stahl, Steil, Tobocman, Vagnozzi and Wojno offered the following resolution:

House Resolution No. 160.

A resolution to commemorate August 2007 as Michigan International Speedway Month in the state of Michigan.

Whereas, Michigan International Speedway, a 2-mile oval race track, is one of the premier motorsports facilities in the country; and

Whereas, Michigan International Speedway, a 132,000-seat race track built in 1968 and nestled on 1,400 acres located in the heart of Michigan's "Irish Hills"; and

Whereas, Michigan International Speedway hosts two NASCAR NEXTEL Cup Series races each year, the two largest single-day sporting events in the state of Michigan; and

Whereas, Michigan International Speedway is the largest contributor to the local sports economy, bringing in nearly than $300 million annually, an amount that is the economic equivalent of the Super Bowl and greater than the contributions of most Michigan sports combined; and

Whereas, During the two NASCAR NEXTEL Cup Series weekends, Michigan International Speedway attracts fans from all 50 states and 13 countries, along with more than 10 million television viewers worldwide; and

Whereas, Michigan International Speedway attracts more Fortune 500 companies at the venue on any given race weekend than other sports combined, nationally and locally; and

Whereas, Fifty-five percent of the fans who attend events at Michigan International Speedway come from outside the state of Michigan, contributing to the growth of the state's tourism economy; and

Whereas, Events at Michigan International Speedway attract numerous media outlets from around the world, providing the state of Michigan with positive exposure; and

Whereas, Michigan International Speedway hosts the Spirit of America 800, the state's largest, single-day blood drive and largest September 11th blood drive in the nation; and

Whereas, Michigan International Speedway is a valued corporate citizen whose contributions are not just financial. The speedway hosts several fund-raising events throughout the year, and makes significant charitable contributions; and

Whereas, Charitable groups that work Michigan International Speedway events, collectively earn about $500,000 annually for their efforts; and

Whereas, Michigan International Speedway's NASCAR NEXTEL Cup Series, NASCAR Busch Series, NASCAR Craftsman Truck Series, ARCA RE/MAX Series and IRL IndyCar Series races during the summer showcase the talents of America's best and most recognized driver/athletes; now, therefore, be it

Resolved by House of Representatives, That the members of this legislative body commemorate August 2007 as Michigan International Speedway Month in the state of Michigan.

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.

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Bieda, Chair, reported

House Bill No. 4337, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9f (MCL 211.9f), as amended by 2004 PA 79.

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. Bieda, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Steil and Calley

Nays: None

The Committee on Tax Policy, by Rep. Bieda, Chair, reported

House Bill No. 4891, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 6a (MCL 205.6a), as added by 2006 PA 12.

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. Bieda, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Steil and Calley

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, July 25, 2007

Present: Reps. Bieda, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Steil and Calley

Absent: Reps. Condino, Sheen, Pastor, Palmer and Wenke

Excused: Reps. Condino, Sheen, Pastor, Palmer and Wenke

The Committee on Judiciary, by Rep. Condino, Chair, reported

House Bill No. 4938, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2005 PA 279.

With the recommendation that the bill be referred to the Committee on Regulatory Reform.

Favorable Roll Call

To Report Out:

Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Warren, Schuitmaker, Elsenheimer, Rick Jones and Rocca

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Regulatory Reform.

The Committee on Judiciary, by Rep. Condino, Chair, reported

House Bill No. 4963, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2505 (MCL 339.2505), as amended by 2003 PA 196.

With the recommendation that the bill be referred to the Committee on Regulatory Reform.

Favorable Roll Call

To Report Out:

Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Warren, Schuitmaker, Elsenheimer, Rick Jones and Rocca

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Regulatory Reform.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, July 25, 2007

Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, Elsenheimer, Rick Jones and Rocca

Absent: Reps. David Law and Stakoe

Excused: Reps. David Law and Stakoe

The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported

House Bill No. 4745, entitled

A bill to amend 1955 PA 133, entitled "An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States," (MCL 32.271 to 32.274) by amending the title and by adding section 3b.

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. Polidori, Brown, Dean, Lemmons, Sheltrown and Garfield

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Polidori, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:

Meeting held on: Wednesday, July 25, 2007

Present: Reps. Polidori, Brown, Dean, Lemmons, Sheltrown, Garfield and Horn

Absent: Reps. Emmons and Pastor

Excused: Reps. Emmons and Pastor

Introduction of Bills

Rep. Hildenbrand introduced

House Bill No. 5063, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1146 (MCL 380.1146), as amended by 2006 PA 303.

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

Reps. Meadows, Kathleen Law, Alma Smith, Vagnozzi, Gonzales, Clack, Miller, Hammel, Brown, Condino and Valentine introduced

House Bill No. 5064, entitled

A bill to amend 1974 PA 154, entitled "Michigan occupational safety and health act," (MCL 408.1001 to 408.1094) by adding section 14o.

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

Reps. McDowell, Sak, LeBlanc, Alma Smith, Byrnes, Vagnozzi, Wojno, Accavitti, Kathleen Law, Bieda, Polidori, Constan, Robert Jones, Clack, Bauer, Young, Simpson, Donigan, Valentine, Warren, Meadows, Miller, Melton, Hammel, Espinoza, Brown, Lemmons, Meisner, Sheltrown, Hammon, Tobocman, Corriveau, Farrah, Cushingberry, Jackson, Johnson, Coulouris, Brandenburg and Dean introduced

House Bill No. 5065, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections32701 and 32702 (MCL 324.32701 and 324.32702), as amended by 2006 PA 33.

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

Reps. Meadows, Sak, Vagnozzi, LeBlanc, Bieda, Alma Smith, Byrnes, Wojno, Accavitti, Kathleen Law, Polidori, Constan, Robert Jones, Clack, Bauer, Young, Simpson, Donigan, Valentine, Warren, McDowell, Miller, Melton, Hammel, Espinoza, Brown, Lemmons, Meisner, Sheltrown, Hammon, Tobocman, Corriveau, Farrah, Cushingberry, Jackson, Johnson, Coulouris, Brandenburg and Dean introduced

House Bill No. 5066, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections32705, 32706, 32707, 32708, and 32708a (MCL 324.32705, 324.32706, 324.32707, 324.32708, and 324.32708a), sections 32705 and 32708 as amended and section 32708a as added by 2006 PA 35, section 32706 as amended by 1996 PA 434, and section 32707 as amended by 2006 PA 33, and by adding section 32708b.

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

Reps. Brown, Sak, Vagnozzi, LeBlanc, Alma Smith, Byrnes, Wojno, Accavitti, Kathleen Law, Bieda, Polidori, Constan,Robert Jones, Clack, Bauer, Young, Simpson, Donigan, Valentine, Warren, Meadows, McDowell, Miller, Melton, Hammel, Espinoza, Lemmons, Meisner, Sheltrown, Hammon, Tobocman, Corriveau, Farrah, Cushingberry, Jackson, Johnson, Coulouris, Brandenburg and Dean introduced

House Bill No. 5067, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections32710 and 32713 (MCL 324.32710 and 324.32713), section 32710 as added by 1995 PA 59 and section 32713 as amended by 2006 PA 33.

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

Reps. Coulouris, Sak, LeBlanc, Vagnozzi, Wojno, Bieda, Alma Smith, Byrnes, Accavitti, Kathleen Law, Polidori, Constan, Robert Jones, Clack, Bauer, Simpson, Donigan, Valentine, Warren, Meadows, McDowell, Miller, Young, Melton, Brown, Hammel, Espinoza, Lemmons, Meisner, Sheltrown, Hammon, Tobocman, Corriveau, Farrah, Cushingberry, Jackson, Johnson, Brandenburg and Dean introduced

House Bill No. 5068, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections32721 and 32723 (MCL 324.32721 and 324.32723), as added by 2006 PA 33.

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

Reps. Warren, Alma Smith, Sak, Byrnes, LeBlanc, Vagnozzi, Wojno, Accavitti, Kathleen Law, Bieda, Polidori, Constan, Robert Jones, Clack, Bauer, Simpson, Donigan, Valentine, Meadows, McDowell, Miller, Melton, Young, Hammel, Espinoza, Brown, Lemmons, Meisner, Sheltrown, Hammon, Tobocman, Corriveau, Farrah, Cushingberry, Jackson, Johnson, Coulouris, Brandenburg and Dean introduced

House Bill No. 5069, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section32722 (MCL 324.32722), as added by 2006 PA 33; and to repeal acts and parts of acts.

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

Reps. Sak, LeBlanc, Vagnozzi, Wojno, Bieda, Alma Smith, Byrnes, Accavitti, Kathleen Law, Polidori, Constan, Robert Jones, Clack, Bauer, Angerer, Clemente, Simpson, Donigan, Valentine, Warren, Meadows, McDowell, Miller, Young, Melton, Hammel, Espinoza, Brown, Lemmons, Meisner, Sheltrown, Hammon, Tobocman, Corriveau, Farrah, Cushingberry, Jackson, Johnson, Coulouris, Brandenburg and Dean introduced

House Bill No. 5070, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections32725 and 32726 (MCL 324.32725 and 324.32726), section 32725 as added by 2006 PA 36 and section 32726 as added by 2006 PA 33; and to repeal acts and parts of acts.

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

Reps. Corriveau, Sak, LeBlanc, Alma Smith, Byrnes, Vagnozzi, Wojno, Accavitti, Bieda, Kathleen Law, Polidori, Constan, Robert Jones, Bauer, Simpson, Donigan, Valentine, Warren, Meadows, McDowell, Miller, Melton, Young, Hammel, Espinoza, Brown, Lemmons, Meisner, Sheltrown, Hammon, Tobocman, Farrah, Cushingberry, Jackson, Johnson, Coulouris, Brandenburg and Dean introduced

House Bill No. 5071, 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.

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

Reps. Valentine, Sak, Alma Smith, Byrnes, LeBlanc, Vagnozzi, Wojno, Accavitti, Bieda, Kathleen Law, Polidori, Constan, Robert Jones, Bauer, Simpson, Donigan, Warren, Meadows, McDowell, Miller, Young, Melton, Brown, Hammel, Espinoza, Lemmons, Meisner, Sheltrown, Hammon, Tobocman, Corriveau, Farrah, Cushingberry, Jackson, Johnson, Coulouris, Brandenburg and Dean introduced

House Bill No. 5072, 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.

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

Reps. Kathleen Law, Alma Smith, Sak, Byrnes, LeBlanc, Vagnozzi, Wojno, Accavitti, Bieda, Polidori, Constan, Robert Jones, Bauer, Angerer, Clemente, Simpson, Donigan, Valentine, Warren, Meadows, McDowell, Miller, Young, Melton, Brown, Hammel, Espinoza, Lemmons, Meisner, Sheltrown, Hammon, Tobocman, Corriveau, Farrah, Cushingberry, Jackson, Johnson, Coulouris, Brandenburg and Dean introduced

House Bill No. 5073, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 32729.

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

By unanimous consent the House returned to the order of

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, July 25:

House Bill Nos. 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057

5058 5059 5060 5061 5062

Senate Bill Nos. 644 645 646 647 648 649 650 651 652

The Clerk announced that the following Senate bill had been received on Wednesday, July 25:

Senate Bill No. 435

Messages from the Senate

Senate Bill No. 435, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8152 (MCL 600.8152), as amended by 2002 PA 92.

The Senate has passed the bill.

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

Announcements by the Clerk

July 24, 2007

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

Performance audit of the Mainframe Operating System Controls for the Unemployment Insurance Agency's Information Systems, Department of Information Technology and Department of Labor and Economic Growth, July 2007.

Richard J. Brown

Clerk of the House

Rep. Tobocman moved that Rep. Gillard be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4354, entitled

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

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

Rep. Elsenheimer moved to amend the bill as follows:

1. Amend page 30, line 14, after "issues." by inserting "THE GENERAL FUND APPROPRIATED IN THIS SECTION SHALL BE DISTRIBUTED ON A PRO RATA BASIS BASED UPON THE AMOUNT OF TIMBER BEING MARKED EVERY QUARTER AS REPORTED.".

The question being on the adoption of the amendment offered by Rep. Elsenheimer,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Elsenheimer,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 275 Yeas--51

Acciavatti Gaffney Marleau Pearce

Agema Garfield Meekhof Proos

Amos Green Meltzer Robertson

Ball Hansen Moolenaar Rocca

Booher Hildenbrand Moore Schuitmaker

Brandenburg Hoogendyk Moss Shaffer

Calley Horn Nitz Stahl

Casperson Huizenga Nofs Stakoe

Caswell Hune Opsommer Steil

Caul Jones, Rick Palmer Walker

DeRoche Knollenberg Palsrok Ward

Elsenheimer LaJoy Pastor Wenke

Emmons Law, David Pavlov

Nays--56

Accavitti Coulouris Johnson Polidori

Angerer Cushingberry Jones, Robert Sak

Bauer Dean Lahti Scott

Bennett Dillon Law, Kathleen Sheltrown

Bieda Donigan LeBlanc Simpson

Brown Ebli Leland Smith, Alma

Byrnes Espinoza Lemmons Smith, Virgil

Byrum Farrah Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Jackson Miller Young

In The Chair: Sak

Rep. Meltzer moved to amend the bill as follows:

1. Amend page 4, line 17, by striking out "2,217,700", and inserting "1,997,600".

2. Amend page 4, line 27, by striking out "2,040,500", and inserting "1,820,400".

3. Amend page 5, line 25, by striking out "2,684,200", and inserting "2,540,300".

4. Amend page 6, line 14, by striking out "1,666,000", and inserting "1,522,100".

5. Amend page 7, line 9, by striking out "20,310,600", and inserting "20,014,100".

6. Amend page 7, line 20, by striking out "6,912,600", and inserting "6,616,100".

7. Amend page 9, line 3, by striking out "27,630,000", and inserting "26,000,600".

8. Amend page 9, line 17, by striking out "10,653,600", and inserting "9,024,200".

9. Amend page 9, line 27, by striking out "20,094,000", and inserting "17,613,900".

10. Amend page 10, line 12, by striking out "18,897,000", and inserting "16,416,900".

11. Amend page 11, line 9, by striking out "14,643,300", and inserting "14,439,700".

12. Amend page 12, line 6, by striking out "1,702,200", and inserting "1,498,600".

13. Amend page 12, line 18, by striking out "32,742,600, and inserting "29,888,700".

14. Amend page 13, line 2, by striking out "18,963,200", and inserting "16,109,300".

15. Amend page 13, line 11, by striking out "4,700,000", and inserting "4,575,000".

16. Amend page 13, line 16, by striking out "1,715,000", and inserting "1,590,000", and amending the subtotals, totals, and section 201 accordingly.

17. Amend page 23, following line 19, by striking out all of section 218.

The question being on the adoption of the amendments offered by Rep. Meltzer,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Meltzer,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 276 Yeas--50

Acciavatti Gaffney Marleau Pavlov

Agema Garfield Meekhof Pearce

Amos Green Meltzer Proos

Ball Hansen Moolenaar Robertson

Booher Hildenbrand Moore Rocca

Brandenburg Hoogendyk Moss Schuitmaker

Calley Horn Nitz Shaffer

Casperson Huizenga Nofs Stahl

Caswell Hune Opsommer Stakoe

Caul Jones, Rick Palmer Steil

DeRoche Knollenberg Palsrok Walker

Elsenheimer LaJoy Pastor Ward

Emmons Law, David

Nays--58

Accavitti Cushingberry Jones, Robert Sak

Angerer Dean Lahti Scott

Bauer Dillon Law, Kathleen Sheltrown

Bennett Donigan LeBlanc Simpson

Bieda Ebli Leland Smith, Alma

Brown Espinoza Lemmons Smith, Virgil

Byrnes Farrah Lindberg Spade

Byrum Gillard Mayes Tobocman

Cheeks Gonzales McDowell Vagnozzi

Clack Griffin Meadows Valentine

Clemente Hammel Meisner Warren

Condino Hammon Melton Wenke

Constan Hood Miller Wojno

Corriveau Jackson Polidori Young

Coulouris Johnson

In The Chair: Sak

Rep. Moore moved to amend the bill as follows:

1. Amend page 26, following line 24, by inserting:

"Sec. 406. The department shall not increase campground reservation, permit, or user fees at any time during the fiscal year ending September 30, 2008.".

The question being on the adoption of the amendment offered by Rep. Moore,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Moore,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 277 Yeas--51

Acciavatti Gaffney Marleau Pearce

Agema Garfield Meekhof Proos

Amos Green Meltzer Robertson

Ball Hansen Moolenaar Rocca

Booher Hildenbrand Moore Schuitmaker

Brandenburg Hoogendyk Moss Shaffer

Calley Horn Nitz Stahl

Casperson Huizenga Nofs Stakoe

Caswell Hune Opsommer Steil

Caul Jones, Rick Palmer Walker

DeRoche Knollenberg Palsrok Ward

Elsenheimer LaJoy Pastor Wenke

Emmons Law, David Pavlov

Nays--57

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Jackson Miller Young

Coulouris

In The Chair: Sak

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4354, entitled

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

Roll Call No. 278 Yeas--58

Accavitti Cushingberry Jones, Robert Rocca

Angerer Dean Lahti Sak

Bauer Dillon Law, Kathleen Scott

Bennett Donigan LeBlanc Sheltrown

Bieda Ebli Leland Simpson

Brown Espinoza Lemmons Smith, Alma

Byrnes Farrah Lindberg Smith, Virgil

Byrum Gillard Mayes Spade

Cheeks Gonzales McDowell Tobocman

Clack Griffin Meadows Vagnozzi

Clemente Hammel Meisner Valentine

Condino Hammon Melton Warren

Constan Hood Miller Wojno

Corriveau Jackson Polidori Young

Coulouris Johnson

Nays--50

Acciavatti Gaffney Marleau Pavlov

Agema Garfield Meekhof Pearce

Amos Green Meltzer Proos

Ball Hansen Moolenaar Robertson

Booher Hildenbrand Moore Schuitmaker

Brandenburg Hoogendyk Moss Shaffer

Calley Horn Nitz Stahl

Casperson Huizenga Nofs Stakoe

Caswell Hune Opsommer Steil

Caul Jones, Rick Palmer Walker

DeRoche Knollenberg Palsrok Ward

Elsenheimer LaJoy Pastor Wenke

Emmons Law, David

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. 4829, entitled

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

The substitute (H-1) 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. 4829, entitled

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

Roll Call No. 279 Yeas--100

Accavitti Dean Lahti Pearce

Acciavatti DeRoche LaJoy Polidori

Agema Dillon Law, David Proos

Amos Donigan Law, Kathleen Robertson

Angerer Ebli LeBlanc Rocca

Ball Elsenheimer Leland Sak

Bauer Emmons Lemmons Schuitmaker

Bennett Espinoza Lindberg Scott

Bieda Farrah Marleau Shaffer

Booher Gaffney Mayes Sheltrown

Brown Gillard McDowell Simpson

Byrnes Gonzales Meadows Smith, Alma

Byrum Green Meekhof Smith, Virgil

Calley Griffin Meisner Spade

Casperson Hammel Melton Stahl

Caswell Hammon Meltzer Stakoe

Caul Hansen Miller Steil

Cheeks Hildenbrand Moolenaar Tobocman

Clack Hood Moore Vagnozzi

Clemente Horn Moss Valentine

Condino Huizenga Nitz Walker

Constan Jackson Nofs Ward

Corriveau Johnson Opsommer Warren

Coulouris Jones, Rick Palsrok Wenke

Cushingberry Jones, Robert Pavlov Young

Nays--8

Brandenburg Hoogendyk Knollenberg Pastor

Garfield Hune Palmer Wojno

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. 4358, entitled

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

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

Reps. Espinoza, Miller and Pavlov moved to amend the bill as follows:

1. Amend page 14, following line 9, by inserting:

"Real-time water quality monitoring 250,000".

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

"Settlement funds 250,000"

and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 32, following line 5, by inserting:

"Sec. 903. The appropriation in part 1 for real-time water quality monitoring is a grant to Macomb County and St. Clair County to support a real-time water quality monitoring program in the St. Clair watershed. By September 30, 2008, grant recipients shall report to the department on plan's implementation, and status of the project. The departmentshall forward the report to the state budget director, the house and senate appropriations subcommittees on environmental quality, the house and senate standing committees on natural resources and environmental issues, and the house and senate fiscal agencies. Funding is contingent upon development of a department approved plan for long term funding of operation and maintenance of the real-time monitoring system for the Huron-Erie corridor.".

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

Rep. Bennett 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. 4358, entitled

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

Roll Call No. 280 Yeas--59

Accavitti Cushingberry Johnson Rocca

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gaffney Lindberg Spade

Cheeks Gillard Mayes Tobocman

Clack Gonzales McDowell Vagnozzi

Clemente Griffin Meadows Valentine

Condino Hammel Meisner Warren

Constan Hammon Melton Wojno

Corriveau Hood Miller Young

Coulouris Jackson Polidori

Nays--49

Acciavatti Garfield Marleau Pavlov

Agema Green Meekhof Pearce

Amos Hansen Meltzer Proos

Ball Hildenbrand Moolenaar Robertson

Booher Hoogendyk Moore Schuitmaker

Brandenburg Horn Moss Shaffer

Calley Huizenga Nitz Stahl

Casperson Hune Nofs Stakoe

Caswell Jones, Rick Opsommer Steil

Caul Knollenberg Palmer Walker

DeRoche LaJoy Palsrok Ward

Elsenheimer Law, David Pastor Wenke

Emmons

In The Chair: Sak

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

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

The motion prevailed.

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Virgil Smith, Chair, of the Committee on Insurance, was received and read:

Meeting held on: Wednesday, July 25, 2007

Present: Reps. Virgil Smith, Farrah, Condino, Constan, Johnson, Lemmons, Polidori, Scott, Simpson, Wojno, Hune, Robertson, Hildenbrand, Moore and Rocca

Absent: Reps. Emmons and David Law

Excused: Reps. Emmons and David Law

______

Rep. Green moved that the House adjourn.

The motion prevailed, the time being 7:00 p.m.

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

RICHARD J. BROWN

Clerk of the House of Representatives