No. 17
State of MichigaN
JOURNAL
of the
House of Representatives
94th Legislature
RegULaR SeSSioN of 2008
House Chamber, Lansing, Thursday, February 21, 2008.
12:00 Noon.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti—present Dillon—present Lahti—present Pearce—present
Acciavatti—present Donigan—present LaJoy—present Polidori—present
Agema—present Ebli—present Law, David—present Proos—present
Amos—present Elsenheimer—present Law, Kathleen—present Robertson—present
Angerer—present Emmons—present LeBlanc—present Rocca—present
Ball—present Espinoza—present Leland—present Sak—present
Bauer—present Farrah—present Lemmons—present Schuitmaker—present
Bennett—present Gaffney—present Lindberg—present Scott—present
Bieda—present Garfield—present Marleau—present Shaffer—present
Booher—present Gillard—present Mayes—present Sheen—present
Brandenburg—present Gonzales—present McDowell—present Sheltrown—present
Brown—present Green—present Meadows—present Simpson—present
Byrnes—present Griffin—present Meekhof—present Smith, Alma—present
Byrum—present Hammel—present Meisner—present Smith, Virgil—present
Calley—present Hammon—present Melton—present Spade—present
Casperson—present Hansen—present Meltzer—present Stahl—present
Caswell—present Hildenbrand—present Miller—present Stakoe—present
Caul—present Hood—present Moolenaar—present Steil—present
Cheeks—present Hoogendyk—present Moore—present Tobocman—present
Clack—present Hopgood—present Moss—present Vagnozzi—excused
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—excused Knollenberg—present
e/d/s = entered during session
Rep. Gino H. Polidori, from the 15th District, offered the following invocation:
“We come to You today, O Lord, grateful for the chance to serve our fellow citizens. Grant us the judgment to do what is right, and the strength to act with courage and resolve.
As the Legislature convenes today, we pray for Your wisdom to guide us, both today and in the future. Give us the foresight and the compassion to do what is just for the state of Michigan.
We also offer a special prayer for the service men and women, police, and firefighters who keep our neighbors safe, and who serve and protect our state and our nation.
In Your name, we pray. Amen.”
______
Rep. Booher moved that Rep. DeRoche be excused from today’s session.
The motion prevailed.
Rep. Tobocman moved that Rep. Vagnozzi be excused from today’s session.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 1061, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapters 46, 47, and 48.
The bill was read a second time.
Rep. Virgil Smith moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Meekhof moved that Rep. Green be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
third Reading of Bills
Senate Bill No. 1061, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapters 46, 47, and 48.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 79 Yeas—107
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema Ebli Law, David Proos
Amos Elsenheimer Law, Kathleen Robertson
Angerer Emmons LeBlanc Rocca
Ball Espinoza Leland Sak
Bauer Farrah Lemmons Schuitmaker
Bennett Gaffney Lindberg Scott
Bieda Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Griffin Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Byrum Hammon Meisner Smith, Virgil
Calley Hansen Melton Spade
Casperson Hildenbrand Meltzer Stahl
Caswell Hood Miller Stakoe
Caul Hoogendyk Moolenaar Steil
Cheeks Hopgood Moore Tobocman
Clack Horn Moss Valentine
Clemente Huizenga Nitz Walker
Condino Hune Nofs Ward
Constan Jackson Opsommer Warren
Corriveau Johnson Palmer Wenke
Coulouris Jones, Rick Palsrok Wojno
Cushingberry Jones, Robert Pastor Young
Dean Knollenberg Pavlov
Nays—0
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”
The House agreed to the full title.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1062, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 235 (MCL 208.1235).
The bill was read a second time.
Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
third Reading of Bills
Senate Bill No. 1062, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 235 (MCL 208.1235).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 80 Yeas—108
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Agema Ebli LaJoy Polidori
Amos Elsenheimer Law, David Proos
Angerer Emmons Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
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
Nays—0
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”
The House agreed to the full title.
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
Messages from the Senate
house Bill No. 5021, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 708b (MCL 257.708b), as amended by 2004 PA 362.
The Senate has amended the bill as follows:
1. Amend page 1, line 6, after “THE” by inserting “MOTOR”.
2. Amend page 2, following line 20, by inserting:
“(g) a MotoR VehicLe eQUiPPeD With a ViDeo DiSPLaY to coMMUNicate VehicLe, DRiVeR, oR SafetY coNDitioNS.”.
3. Amend page 2, line 22, after “dashboard” by inserting a comma and “ceNteR coNSoLe, iNStRUMeNt PaNeL, ReaRVieW MiRRoR,”.
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Tobocman moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 81 Yeas—108
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Agema Ebli LaJoy Polidori
Amos Elsenheimer Law, David Proos
Angerer Emmons Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
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
Nays—0
In The Chair: Sak
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
Senate Bill No. 530, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82126 (MCL 324.82126), as amended by 2003 PA 2.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Sheltrown moved to amend the bill as follows:
1. Amend page 4, line 23, after “RACE” by inserting a comma and “if the oPeRatioN of the SNoWMoBiLe iS iN coMPLiaNce With aPPLicaBLe LocaL NoiSe oRDiNaNceS”.
The motion prevailed and 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.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
third Reading of Bills
Senate Bill No. 530, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82126 (MCL 324.82126), as amended by 2003 PA 2.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 82 Yeas—103
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Agema Ebli LaJoy Polidori
Amos Elsenheimer Law, David Proos
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
Casperson Hammon Meisner Spade
Caswell Hansen Melton Stahl
Caul Hildenbrand Meltzer Stakoe
Cheeks Hood Miller Tobocman
Clack Hoogendyk Moolenaar Valentine
Clemente Hopgood Moore Walker
Condino Horn Moss Ward
Constan Huizenga Nitz Warren
Corriveau Jackson Nofs Wenke
Coulouris Johnson Opsommer Wojno
Cushingberry Jones, Rick Palsrok Young
Dean Jones, Robert Pastor
Nays—5
Calley Palmer Robertson Steil
Hune
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
The House agreed to the full title.
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. 5607, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 80114a.
The bill was read a second time.
Rep. Calley 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. 5607, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 80114a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 83 Yeas—107
Accavitti Dillon Knollenberg Pearce
Acciavatti Donigan Lahti Polidori
Agema Ebli LaJoy Proos
Amos Elsenheimer Law, David Robertson
Angerer Emmons Law, Kathleen Rocca
Ball Espinoza Leland Sak
Bauer Farrah Lemmons Schuitmaker
Bennett Gaffney Lindberg Scott
Bieda Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Griffin Meekhof Smith, Alma
Byrum Hammel Meisner Smith, Virgil
Calley Hammon Melton Spade
Casperson Hansen Meltzer Stahl
Caswell Hildenbrand Miller Stakoe
Caul Hood Moolenaar Steil
Cheeks Hoogendyk Moore Tobocman
Clack Hopgood Moss Valentine
Clemente Horn Nitz Walker
Condino Huizenga Nofs Ward
Constan Hune Opsommer Warren
Corriveau Jackson Palmer Wenke
Coulouris Johnson Palsrok Wojno
Cushingberry Jones, Rick Pastor Young
Dean Jones, Robert Pavlov
Nays—1
LeBlanc
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.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Byrnes to the Chair.
Second Reading of Bills
house Bill No. 5734, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 261 (MCL 208.1261).
The bill was read a second time.
Rep. Warren 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. 5734, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 261 (MCL 208.1261).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 84 Yeas—108
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Agema Ebli LaJoy Polidori
Amos Elsenheimer Law, David Proos
Angerer Emmons Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
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
Nays—0
In The Chair: Byrnes
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. 5735, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 109 (MCL 208.1109).
The bill was read a second time.
Rep. Wenke 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. 5735, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 109 (MCL 208.1109).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 85 Yeas—108
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Agema Ebli LaJoy Polidori
Amos Elsenheimer Law, David Proos
Angerer Emmons Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
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
Nays—0
In The Chair: Byrnes
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. 5736, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 115 (MCL 208.1115).
The bill was read a second time.
Rep. Mayes 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. 5736, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 115 (MCL 208.1115).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 86 Yeas—108
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Agema Ebli LaJoy Polidori
Amos Elsenheimer Law, David Proos
Angerer Emmons Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
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
Nays—0
In The Chair: Byrnes
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
Reports of Standing committees
The Committee on Agriculture, by Rep. Mayes, Chair, reported
house Bill No. 5509, entitled
A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending sections 3, 13, and 15 (MCL 285.313, 285.323, and 285.325).
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. Mayes, Byrum, Angerer, Brown, Kathleen Law, Leland, Sheltrown, Walker, Nitz, Ball and Meekhof
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Mayes, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Wednesday, February 20, 2008
Present: Reps. Mayes, Byrum, Angerer, Brown, Kathleen Law, Leland, Sheltrown, Walker, Nitz, Ball and Meekhof
Second Reading of Bills
house Bill No. 5509, entitled
A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending sections 3, 13, and 15 (MCL 285.313, 285.323, and 285.325).
The bill was read a second time.
Rep. Mayes 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. 5509, entitled
A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending sections 3, 13, and 15 (MCL 285.313, 285.323, and 285.325).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 87 Yeas—108
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Agema Ebli LaJoy Polidori
Amos Elsenheimer Law, David Proos
Angerer Emmons Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
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
Nays—0
In The Chair: Byrnes
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, Agema, Ball, Bieda, Booher, Brandenburg, Brown, Byrnes, Byrum, Calley, Casperson, Caswell, Caul, Constan, Donigan, Emmons, Gillard, Gonzales, Griffin, Hammel, Hammon, Hansen, Hildenbrand, Hopgood, Horn, Huizenga, Hune, Rick Jones, Robert Jones, Lahti, Kathleen Law, LeBlanc, Lemmons, Marleau, McDowell, Meekhof, Moolenaar, Moore, Nitz, Pastor, Pearce, Rocca, Sak, Schuitmaker, Sheltrown, Simpson, Spade, Stakoe and Steil were named co-sponsors of the bill.
Second Reading of Bills
house Bill No. 4678, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3104 (MCL 500.3104), as amended by 2002 PA 662.
The bill was read a second time.
Rep. Hune moved to amend the bill as follows:
1. Amend page 11, following line 14, by inserting:
“Enacting section 2. This amendatory act does not take effect unless House Bill No. 5453 of the 94th Legislature is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Opsommer moved to amend the bill as follows:
1. Amend page 11, following line 14, by inserting:
“Enacting section 2. This amendatory act does not take effect unless House Bill No. 4070 of the 94th Legislature is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. LeBlanc moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
third Reading of Bills
house Bill No. 4678, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3104 (MCL 500.3104), as amended by 2002 PA 662.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 88 Yeas—62
Accavitti Cushingberry Johnson Pavlov
Amos Dean Jones, Robert Polidori
Angerer Dillon Lahti Sak
Bauer Donigan Law, Kathleen Scott
Bennett Ebli LeBlanc Sheltrown
Bieda Espinoza Leland Simpson
Brown Farrah Lemmons Smith, Alma
Byrnes Gaffney Lindberg Smith, Virgil
Byrum Gillard Mayes Spade
Cheeks Gonzales McDowell Tobocman
Clack Green Meadows Valentine
Clemente Griffin Meisner Ward
Condino Hammel Melton Warren
Constan Hood Miller Wojno
Corriveau Hopgood Nofs Young
Coulouris Jackson
Nays—46
Acciavatti Hammon Meekhof Proos
Agema Hansen Meltzer Robertson
Ball Hildenbrand Moolenaar Rocca
Booher Hoogendyk Moore Schuitmaker
Brandenburg Horn Moss Shaffer
Calley Huizenga Nitz Sheen
Casperson Hune Opsommer Stahl
Caswell Jones, Rick Palmer Stakoe
Caul Knollenberg Palsrok Steil
Elsenheimer LaJoy Pastor Walker
Emmons Law, David Pearce Wenke
Garfield Marleau
In The Chair: Byrnes
The House agreed to the title of the bill.
______
Rep. Hammon, 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:
As a non profit association the MCCA should not be subject to the type of legislation scrutiny that applies to public utilities.”
Rep. Tobocman moved that the bill be given immediate effect.
The question being on the motion made by Rep. Tobocman,
Rep. Hildenbrand demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Tobocman,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll call No. 89 Yeas—61
Accavitti Dean Jackson Nofs
Angerer Dillon Johnson Polidori
Bauer Donigan Jones, Robert Sak
Bennett Ebli Lahti Scott
Bieda Espinoza Law, Kathleen Sheltrown
Brown Farrah LeBlanc Simpson
Byrnes Gaffney Leland Smith, Alma
Byrum Gillard Lemmons Smith, Virgil
Cheeks Gonzales Lindberg Spade
Clack Green Mayes Tobocman
Clemente Griffin McDowell Valentine
Condino Hammel Meadows Ward
Constan Hammon Meisner Warren
Corriveau Hood Melton Wojno
Coulouris Hopgood Miller Young
Cushingberry
Nays—47
Acciavatti Garfield Meekhof Proos
Agema Hansen Meltzer Robertson
Amos Hildenbrand Moolenaar Rocca
Ball Hoogendyk Moore Schuitmaker
Booher Horn Moss Shaffer
Brandenburg Huizenga Nitz Sheen
Calley Hune Opsommer Stahl
Casperson Jones, Rick Palmer Stakoe
Caswell Knollenberg Palsrok Steil
Caul LaJoy Pastor Walker
Elsenheimer Law, David Pavlov Wenke
Emmons Marleau Pearce
In The Chair: Byrnes
Second Reading of Bills
house Bill No. 4675, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 134 and 3104 (MCL 500.134 and 500.3104), section 134 as amended by 1990 PA 256 and section 3104 as amended by 2002 PA 662.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hune moved to amend the bill as follows:
1. Amend page 13, following line 18, by inserting:
“Enacting section 2. This amendatory act does not take effect unless House Bill No. 5453 of the 94th Legislature is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Opsommer moved to amend the bill as follows:
1. Amend page 13, following line 18, by inserting:
“Enacting section 2. This amendatory act does not take effect unless House Bill No. 4070 of the 94th Legislature is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Hoogendyk moved to amend the bill as follows:
1. Amend page 13, following line 18, by inserting:
“Enacting section 2. This amendatory act does not take effect unless House Bill No. 5627 of the 94th Legislature is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Sak 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. 4675, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 134 and 3104 (MCL 500.134 and 500.3104), section 134 as amended by 1990 PA 256 and section 3104 as amended by 2002 PA 662.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Palmer moved to amend the bill.
The question being on the seconding of the motion made by Rep. Palmer,
Rep. Tobocman moved that consideration of the motion be postponed temporarily.
The motion prevailed.
The question being on the passage of the bill,
Rep. Sak moved to substitute (H-5) the bill.
The motion was seconded and the substitute (H-5) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The question being on the seconding of the motion made previously by Rep. Palmer,
The amendment fell.
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. 90 Yeas—66
Accavitti Coulouris Johnson Polidori
Amos Cushingberry Jones, Robert Rocca
Angerer Dean Lahti Sak
Ball Dillon Law, Kathleen Scott
Bauer Donigan LeBlanc Sheltrown
Bennett Ebli Leland Simpson
Bieda Espinoza Lemmons Smith, Alma
Brown Farrah Lindberg Smith, Virgil
Byrnes Gaffney Mayes Spade
Byrum Gillard McDowell Stakoe
Caswell Gonzales Meadows Tobocman
Cheeks Griffin Meisner Valentine
Clack Hammel Melton Ward
Clemente Hammon Miller Warren
Condino Hood Moore Wojno
Constan Hopgood Nofs Young
Corriveau Jackson
Nays—38
Acciavatti Hildenbrand Meekhof Pearce
Agema Hoogendyk Moolenaar Robertson
Booher Horn Moss Schuitmaker
Brandenburg Huizenga Nitz Shaffer
Calley Hune Opsommer Sheen
Casperson Jones, Rick Palmer Stahl
Caul Knollenberg Palsrok Steil
Elsenheimer LaJoy Pastor Walker
Emmons Law, David Pavlov Wenke
Garfield Marleau
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Tobocman moved that the bill be given immediate effect.
The question being on the motion made by Rep. Tobocman,
Rep. Hildenbrand demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Tobocman,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll call No. 91 Yeas—58
Accavitti Dean Jones, Robert Rocca
Angerer Donigan Lahti Sak
Ball Ebli Law, Kathleen Scott
Bauer Espinoza LeBlanc Sheltrown
Bennett Farrah Leland Simpson
Bieda Gaffney Lemmons Smith, Alma
Brown Gillard Lindberg Smith, Virgil
Byrum Gonzales Mayes Spade
Cheeks Griffin McDowell Tobocman
Clack Hammel Meadows Valentine
Clemente Hammon Meisner Ward
Condino Hood Miller Warren
Constan Hopgood Palsrok Wojno
Corriveau Jackson Polidori Young
Coulouris Johnson
Nays—46
Acciavatti Green Meekhof Pearce
Agema Hansen Meltzer Proos
Amos Hildenbrand Moolenaar Robertson
Booher Hoogendyk Moore Schuitmaker
Brandenburg Horn Moss Shaffer
Calley Huizenga Nitz Sheen
Casperson Hune Nofs Stahl
Caswell Jones, Rick Opsommer Stakoe
Caul Knollenberg Palmer Steil
Elsenheimer LaJoy Pastor Walker
Emmons Law, David Pavlov Wenke
Garfield Marleau
In The Chair: Byrnes
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 Tuesday, February 26, at 1:30 p.m.
The motion prevailed.
Reps. Vagnozzi, Constan, Meadows, Alma Smith, LeBlanc, Coulouris, Bieda, Accavitti, Bauer, Byrnes, Clack, Condino, Cushingberry, Dean, Gillard, Gonzales, Hammel, Johnson, Rick Jones, Robert Jones, Kathleen Law, McDowell, Polidori, Spade, Hammon, Lemmons, Melton and Sak offered the following resolution:
house Resolution No. 281.
A resolution to memorialize the United States Congress to reauthorize the DNA backlog program.
Whereas, The Debbie Smith DNA backlog grant program was part of the Justice for All Act of 2004, Public Law No. 108-405. This legislation assists in the reduction of DNA backlogs and improvement of the utilization of DNA in the criminal justice system in the state of Michigan and every state throughout the nation; and
Whereas, DNA technology is increasingly vital to ensuring accuracy and fairness in the criminal justice system. Thousands of law enforcement investigations have been aided nationwide because of DNA matches made through the FBI’s Combined DNA Index System (CODIS), bringing justice to victims and removing criminals from the streets. Also, the Innocence Project has used DNA in over 200 cases to exonerate persons who were wrongfully convicted of crimes; and
Whereas, The state of Michigan and other states throughout the nation have significantly expanded their DNA programs to include a growing number of convicted or arrested felons to match against unsolved crimes; and
Whereas, The demand for DNA testing in both violent and nonviolent crimes has continued to increase as the reliability of this evidence is proven. Many laboratories still maintain DNA backlogs of six months or longer and are unable to meet the growing demand for DNA testing despite funding commitments from state and local governments; and
Whereas, The Debbie Smith DNA backlog grant program has permitted state and local governments an opportunity to begin to maximize the full potential of forensic DNA through backlog reduction, but much work remains to be done; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the United States Congress to reauthorize the DNA backlog program; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Judiciary.
Reps. Sak, Accavitti, Bauer, Bieda, Brandenburg, Byrnes, Clack, Clemente, Condino, Constan, Coulouris, Cushingberry, Dean, Gillard, Gonzales, Griffin, Hammel, Johnson, Robert Jones, LaJoy, Kathleen Law, LeBlanc, Mayes, McDowell, Meadows, Polidori, Rocca, Spade, Tobocman, Valentine, Warren, Hammon, Lemmons and Melton offered the following resolution:
house Resolution No. 282.
A resolution to memorialize the Congress of the United States to reject the President’s recommended budget cuts to federal programs that restore and protect the quality of the Great Lakes.
Whereas, The Great Lakes are natural resources of national and international significance. The Great Lakes hold nearly 20 percent of the world’s surface freshwater supply, provide recreational opportunities for millions of people, and support economic activity throughout the Midwest of the United States and Canada; and
Whereas, The Great Lakes suffer from environmental damage inflicted over decades of use and remain vulnerable to more crippling impacts from new invasive species, continued sewer overflows, and other pollutants. Prompted by the President, federal, state, and local officials with the participation of thousands of stakeholders and experts have developed a comprehensive strategy to restore and protect the Great Lakes; and
Whereas, Despite these efforts, the President’s budget for fiscal year 2009 recommends millions of dollars in cuts to programs essential to restoring and protecting the Great Lakes. The budget would cut $56 million, or 16 percent, from current funding levels for controlling sea lamprey, preventing sewer overflows, and continuing other vital restoration programs. In addition, during now historic low lake levels, the budget would reduce by 35 percent funding for dredging navigation channels that help keep the Great Lakes open for business; and
Whereas, These recommended funding levels are woefully inadequate to the challenges facing the Great Lakes and represent a short-sighted approach to a treasured resource. Economic studies indicate that investing $26 billion to restore and protect the Great Lakes would lead to more than $50 billion in long-term economic benefit to the national economy; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to reject the President’s recommended budget cuts to federal programs that restore and protect the quality of the Great Lakes; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Great Lakes and Environment.
Reps. Angerer, Accavitti, Bieda, Brandenburg, Byrnes, Clack, Condino, Constan, Cushingberry, Dean, Gillard, Gonzales, Hammel, Johnson, Robert Jones, LaJoy, Kathleen Law, Mayes, McDowell, Polidori, Spade, Tobocman, Warren, Lemmons, Melton, Palmer, Proos, Sak and Shaffer offered the following resolution:
house Resolution No. 283.
A resolution declaring February 20, 2008, as Digital Transition Day in the state of Michigan.
Whereas, The United States Congress has mandated that television broadcasters end the transmission of analog signals by February 17, 2009 and complete a nationwide transition to all digital broadcasting. This is an unprecedented technological change which will affect all television viewers, especially those who rely exclusively on free, over-the-air television; and
Whereas, Approximately 1.5 million Michigan citizens in 600,000 households across the state rely exclusively on over-the-air signals for their link to local television news, emergency information, and community service programming and are disproportionately poor, elderly, rural, or in need of assistance; and
Whereas, Michigan’s broadcasters are engaged in a comprehensive public awareness campaign including technical assistance for those most at risk to ensure that all Michigan citizens who wish to continue to receive their television signal free over the air may do so; and
Whereas, Michigan’s broadcasters have built a strong public-private partnership with other stakeholders who have agreed to actively support the digital enlightenment of Michigan Citizens, encouraging neighbor to help neighbor; and
Whereas, The Michigan Legislature recognizes the need for such a public awareness campaign and supports the effort of the Michigan Association of Broadcasters, their members and stakeholder partners in this important campaign; and
Whereas, The honorable members of the Michigan House of Representative are encouraged to join in the effort to inform their constituents in each district so that no citizen is left behind in the transition to digital television; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare February 20, 2008, as Digital Transition Day in the state of Michigan. We commend Michigan’s broadcasters and their partners for their service to the citizens of this state in preparing for the transition to all digital television and helping to insure that no Michigan citizen is left without a television signal after the transition.
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Sak, Accavitti, Bauer, Bieda, Brandenburg, Byrnes, Clack, Clemente, Condino, Constan, Coulouris, Cushingberry, Dean, Gillard, Gonzales, Griffin, Hammel, Johnson, Rick Jones, Robert Jones, LaJoy, Kathleen Law, LeBlanc, Mayes, McDowell, Polidori, Rocca, Spade, Tobocman, Valentine, Warren, Lemmons and Melton offered the following concurrent resolution:
house concurrent Resolution No. 74.
A concurrent resolution to memorialize the Congress of the United States to reject the President’s recommended budget cuts to federal programs that restore and protect the quality of the Great Lakes.
Whereas, The Great Lakes are natural resources of national and international significance. The Great Lakes hold nearly 20 percent of the world’s surface freshwater supply, provide recreational opportunities for millions of people, and support economic activity throughout the Midwest of the United States and Canada; and
Whereas, The Great Lakes suffer from environmental damage inflicted over decades of use and remain vulnerable to more crippling impacts from new invasive species, continued sewer overflows, and other pollutants. Prompted by the President, federal, state, and local officials with the participation of thousands of stakeholders and experts have developed a comprehensive strategy to restore and protect the Great Lakes; and
Whereas, Despite these efforts, the President’s budget for fiscal year 2009 recommends millions of dollars in cuts to programs essential to restoring and protecting the Great Lakes. The budget would cut $56 million, or 16 percent, from current funding levels for controlling sea lamprey, preventing sewer overflows, and continuing other vital restoration programs. In addition, during now historic low lake levels, the budget would reduce by 35 percent funding for dredging navigation channels that help keep the Great Lakes open for business; and
Whereas, These recommended funding levels are woefully inadequate to the challenges facing the Great Lakes and represent a short-sighted approach to a treasured resource. Economic studies indicate that investing $26 billion to restore and protect the Great Lakes would lead to more than $50 billion in long-term economic benefit to the national economy; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to reject the President’s recommended budget cuts to federal programs that restore and protect the quality of the Great Lakes; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The concurrent resolution was referred to the Committee on Great Lakes and Environment.
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 Thursday, February 21:
house Bill Nos. 5773 5774 5775 5776 5777
The Clerk announced that the following Senate bills had been received on Thursday, February 21:
Senate Bill Nos. 291 292 531 654 660 661
Reports of Standing committees
The Committee on Insurance, by Rep. Virgil Smith, Chair, reported
house Bill No. 5675, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 404a.
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. Virgil Smith, Constan, Johnson, Lemmons, Polidori, Scott, Simpson, Hune, Emmons, Hildenbrand, David Law, Moore and Gaffney
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Virgil Smith, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, February 21, 2008
Present: Reps. Virgil Smith, Constan, Johnson, Lemmons, Polidori, Scott, Simpson, Hune, Emmons, Hildenbrand, David Law, Moore, Rocca and Gaffney
Absent: Reps. Farrah, Condino and Wojno
Excused: Reps. Farrah, Condino and Wojno
The Committee on Transportation, by Rep. Hopgood, Chair, reported
house Bill No. 4456, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 394b.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Hopgood, Griffin, Accavitti, Bieda, Donigan, Ebli, Leland, Miller, Young, LaJoy, Casperson, Nitz, Pavlov, Pearce, Stahl and Knollenberg
Nays: None
The Committee on Transportation, by Rep. Hopgood, Chair, reported
house Bill No. 4839, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 11, 208c, 252a, 252d, 252e, 252f, 252g, and 252l (MCL 257.11, 257.208c, 257.252a, 257.252d, 257.252e, 257.252f, 257.252g, and 257.252l), section 11 as amended by 2003 PA 37, section 208c as amended by 2004 PA 362, sections 252a, 252d, 252e, and 252f as amended by 2004 PA 495, and section 252g as amended and section 252l as added by 2004 PA 493.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Hopgood, Griffin, Accavitti, Bieda, Donigan, Ebli, Leland, Miller, LaJoy, Casperson, Nitz, Pavlov, Pearce, Stahl and Knollenberg
Nays: None
The Committee on Transportation, by Rep. Hopgood, Chair, reported
house Bill No. 5663, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16s of chapter XVII (MCL 777.16s), as amended by 2005 PA 106.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 4, line 10, after “unless” by striking out the balance of the line through “05828’07)” on line 11 and inserting “House Bill No. 4456”.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Hopgood, Griffin, Accavitti, Bieda, Donigan, Ebli, Leland, Miller, Young, LaJoy, Casperson, Nitz, Pavlov, Pearce, Stahl and Knollenberg
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hopgood, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Thursday, February 21, 2008
Present: Reps. Hopgood, Griffin, Accavitti, Bieda, Donigan, Ebli, Leland, Miller, Young, LaJoy, Casperson, Nitz, Pavlov, Pearce, Stahl and Knollenberg
Absent: Rep. Mayes
Excused: Rep. Mayes
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Angerer, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Thursday, February 21, 2008
Present: Reps. Angerer, Simpson, Byrum, Clack, Corriveau, Coulouris, Donigan, Hammon, Robert Jones, Valentine, Gaffney, Marleau, Green, Ball, Calley and Robertson
Absent: Reps. Wojno and Hune
Excused: Reps. Wojno and Hune
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meadows, Chair, of the Committee on Retiree Health Care Reforms, was received and read:
Meeting held on: Thursday, February 21, 2008
Present: Reps. Meadows, Spade, Alma Smith, Valentine, Wenke, Calley, Knollenberg and Moss
Absent: Reps. Coulouris and Johnson
Excused: Reps. Coulouris and Johnson
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Robert Jones, Chair, of the Committee on Senior Health, Security, and Retirement, was received and read:
Meeting held on: Thursday, February 21, 2008
Present: Reps. Robert Jones, Constan, Hopgood, Lemmons, Warren, Ball, Green, Sheen and Stahl
Messages from the Senate
Senate Bill No. 291, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 411u.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 292, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2004 PA 112.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 531, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 40111c.
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. 654, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending sections 1, 1a, and 2 (MCL 28.291, 28.291a, and 28.292), sections 1 and 2 as amended by 2005 PA 143 and section 1a as added by 1997 PA 99.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 660, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 411u.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 661, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 16t and 43 of chapter XVII (MCL 777.16t and 777.43), section 16t as amended by 2004 PA 112 and section 43 as amended by 2002 PA 666.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
introduction of Bills
Reps. Spade, Robert Jones, Mayes, Espinoza, Angerer, LeBlanc, Polidori, Brown, Lahti, Vagnozzi, Sak, Byrum, Byrnes, Sheltrown, Kathleen Law, Gonzales, Valentine, McDowell, Hammel, Griffin, Clemente, Simpson, Hansen, Condino, Ebli, Booher, Hammon, Leland, Meadows and Stahl introduced
house Bill No. 5778, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 51 (MCL 211.51), as amended by 2005 PA 114.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Corriveau and Meadows introduced
house Bill No. 5779, entitled
A bill to amend 1947 PA 359, entitled “The charter township act,” by amending section 34 (MCL 42.34), as amended by 2003 PA 300.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
Reps. Miller, LeBlanc, Constan, McDowell, Byrum, Byrnes, Wojno, Lemmons, Scott, Ebli, Donigan, Vagnozzi, Young, Simpson, Hopgood, Spade, Gonzales, Sheltrown, Brown, Espinoza, Bennett, Mayes, Valentine, Polidori, Hammon, Melton, Cheeks, Alma Smith, Clack, Hammel, Coulouris, Meadows, Bauer, Griffin, Kathleen Law, Meisner and Angerer introduced
house Bill No. 5780, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 11 (MCL 125.2011), as amended by 1987 PA 278.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. Meisner, Miller, LeBlanc, Constan, McDowell, Byrum, Byrnes, Wojno, Lemmons, Scott, Ebli, Donigan, Vagnozzi, Young, Simpson, Hopgood, Spade, Gonzales, Sheltrown, Brown, Espinoza, Bennett, Mayes, Valentine, Polidori, Hammon, Dean, Cheeks, Alma Smith, Hammel, Melton, Coulouris, Meadows, Bauer, Griffin, Kathleen Law and Angerer introduced
house Bill No. 5781, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 15 (MCL 125.2665), as amended by 2007 PA 201.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. Meadows, Miller, LeBlanc, Constan, McDowell, Byrum, Byrnes, Cheeks, Wojno, Lemmons, Scott, Ebli, Donigan, Vagnozzi, Young, Simpson, Hopgood, Spade, Gonzales, Sheltrown, Brown, Espinoza, Bennett, Mayes, Valentine, Polidori, Alma Smith, Clack, Hammel, Hammon, Melton, Coulouris, Bauer, Griffin, Kathleen Law, Meisner and Angerer introduced
house Bill No. 5782, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 241a (MCL 18.1241a), as added by 1988 PA 504.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. Ebli, Miller, LeBlanc, McDowell, Byrum, Byrnes, Cheeks, Wojno, Lemmons, Scott, Donigan, Vagnozzi, Young, Simpson, Hopgood, Spade, Gonzales, Sheltrown, Brown, Espinoza, Bennett, Mayes, Valentine, Polidori, Hammon, Melton, Alma Smith, Clack, Hammel, Coulouris, Meadows, Bauer, Griffin, Kathleen Law, Meisner and Angerer introduced
house Bill No. 5783, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 264 (MCL 18.1264), as added by 1988 PA 504, and by adding section 264a.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. Dean, Miller, LeBlanc, Constan, McDowell, Byrnes, Byrum, Wojno, Lemmons, Scott, Ebli, Donigan, Young, Simpson, Hopgood, Spade, Gonzales, Sheltrown, Brown, Espinoza, Bennett, Mayes, Valentine, Polidori, Cheeks, Hammon, Alma Smith, Clack, Hammel, Melton, Coulouris, Meadows, Bauer, Griffin, Kathleen Law, Meisner and Angerer introduced
house Bill No. 5784, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 241c.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. Simpson, Miller, LeBlanc, Constan, McDowell, Byrum, Byrnes, Wojno, Lemmons, Ebli, Donigan, Vagnozzi, Young, Hopgood, Spade, Gonzales, Sheltrown, Brown, Espinoza, Bennett, Mayes, Valentine, Polidori, Cheeks, Hammon, Bauer, Dean, Alma Smith, Hammel, Melton, Coulouris, Meadows, Griffin, Kathleen Law, Meisner and Angerer introduced
house Bill No. 5785, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 15 and 16 (MCL 125.2695 and 125.2696) and by adding sections 8g and 8h.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Brown, Miller, LeBlanc, Constan, McDowell, Byrum, Byrnes, Wojno, Lemmons, Scott, Ebli, Donigan, Vagnozzi, Young, Simpson, Hopgood, Spade, Gonzales, Sheltrown, Espinoza, Bennett, Mayes, Valentine, Polidori, Hammon, Melton, Dean, Cheeks, Alma Smith, Clack, Hammel, Coulouris, Meadows, Bauer, Griffin, Kathleen Law, Meisner and Angerer introduced
house Bill No. 5786, entitled
A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending sections 8 and 10 (MCL 207.808 and 207.810), section 8 as amended by 2007 PA 62 and section 10 as amended by 2006 PA 283.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Corriveau, Miller, LeBlanc, McDowell, Byrum, Byrnes, Wojno, Lemmons, Scott, Ebli, Donigan, Vagnozzi, Young, Simpson, Hopgood, Spade, Gonzales, Sheltrown, Brown, Espinoza, Bennett, Mayes, Valentine, Polidori, Cheeks, Hammon, Dean, Alma Smith, Clack, Hammel, Melton, Coulouris, Meadows, Bauer, Griffin, Kathleen Law, Meisner and Angerer introduced
house Bill No. 5787, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2007 PA 216.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. LeBlanc, Miller, Constan, McDowell, Byrum, Byrnes, Wojno, Lemmons, Scott, Ebli, Donigan, Vagnozzi, Young, Simpson, Hopgood, Spade, Gonzales, Sheltrown, Brown, Espinoza, Bennett, Mayes, Valentine, Polidori, Hammon, Dean, Cheeks, Alma Smith, Clack, Hammel, Melton, Coulouris, Meadows, Bauer, Griffin, Kathleen Law, Meisner and Angerer introduced
house Bill No. 5788, entitled
A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 8 (MCL 125.2788), as amended by 2006 PA 667.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Constan, Miller, LeBlanc, McDowell, Byrum, Byrnes, Wojno, Lemmons, Scott, Ebli, Donigan, Vagnozzi, Young, Simpson, Hopgood, Spade, Gonzales, Sheltrown, Brown, Espinoza, Bennett, Mayes, Valentine, Polidori, Cheeks, Hammon, Dean, Alma Smith, Clack, Hammel, Melton, Coulouris, Meadows, Bauer, Griffin, Kathleen Law, Meisner and Angerer introduced
house Bill No. 5789, entitled
A bill to amend 1963 PA 62, entitled “Industrial development revenue bond act of 1963,” (MCL 125.1251 to 125.1267) by adding section 5a.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Scott, Miller, LeBlanc, Constan, McDowell, Byrum, Byrnes, Wojno, Lemmons, Ebli, Donigan, Vagnozzi, Young, Simpson, Hopgood, Spade, Gonzales, Sheltrown, Brown, Espinoza, Bennett, Mayes, Valentine, Polidori, Cheeks, Hammon, Dean, Alma Smith, Hammel, Melton, Coulouris, Meadows, Bauer, Griffin, Kathleen Law, Meisner and Angerer introduced
house Bill No. 5790, entitled
A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 4 (MCL 207.554), as amended by 2004 PA 437.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Donigan, Miller, LeBlanc, Constan, McDowell, Lahti, Lindberg, Byrnes, Byrum, Wojno, Lemmons, Ebli, Vagnozzi, Young, Simpson, Hopgood, Spade, Gonzales, Sheltrown, Brown, Espinoza, Bennett, Mayes, Valentine, Polidori, Dean, Cheeks, Alma Smith, Hammel, Hammon, Melton, Coulouris, Meadows, Bauer, Griffin, Kathleen Law, Meisner and Angerer introduced
house Bill No. 5791, entitled
A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 13 (MCL 247.913) and by adding section 9a.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Bieda, Meisner, Melton, Spade, Miller, Condino and Hopgood introduced
house Bill No. 5792, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 496a.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
______
Rep. Palmer moved that the House adjourn.
The motion prevailed, the time being 3:25 p.m.
Associate Speaker Pro Tempore Byrnes declared the House adjourned until Tuesday, February 26, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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