No. 27

State of MichigaN

JOURNAL

of the

House of Representatives

94th Legislature

RegULaR SeSSioN of 2008

House Chamber, Lansing, Tuesday, March 18, 2008.

1:30 p.m.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Cushingberry—present Jones, Rick—present Pastor—present Wojno—present

Dean—present Jones, Robert—present Pavlov—present Young—present

DeRoche—present Knollenberg—present

e/d/s = entered during session

Rep. Robert Dean, from the 75th District, offered the following invocation:

“‘Thy face, Lord, will I seek.’ –Ps. 27:8.

Heavenly Father, before entering fully upon the duties of this new day, we would bow before Thee and join our hearts and our voices in prayer. We pray Thee, that we may be truly conscious of Thy presence with us as we begin this day.

Help us to know, in all the work of this day, that the still small voice that speaks within us and calls us to the best things, is the voice of God; that the power that tugs at our hearts is the hand of God; and that the light that falls upon our pathway, directing us in the right way, is the light and the love of our Father, God. So may we walk this day with Thee, as Thy Holy Spirit guides us, and as we have been taught by Thy Son, our Saviour, Jesus Christ the Righteous.

We give Thee the love and gratitude of our hearts for all the blessings we enjoy. Take each one of us now, dear Father, into Thy loving care as we go forth to the duties of this day. May our lives be a benediction and blessing to all who need us. Lead us ever, we pray Thee, in the way Thou wouldst have us to go, and when the journey is done, gather us all home at last; in the name of Jesus Christ. Amen.”

______

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

The motion prevailed.

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, March 13:

 Senate Bill Nos. 1208 1209 1210 1211 1212

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, March 14:

 house Bill Nos. 5889 5890 5891 5892 5893 5894 5895 5896 5897 5898 5899 5900 5901 5902

  5903

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, March 18, for her approval of the following bills:

 enrolled house Bill No. 5184 at 9:52 a.m.

 enrolled house Bill No. 5319 at 9:54 a.m.

The Clerk announced that the following Senate bill had been received on Tuesday, March 18:

 Senate Bill No. 1157

Reports of Standing committees

The Committee on Commerce, by Rep. Meisner, Chair, reported

 Senate Bill No. 1135, entitled

A bill to provide for the establishment of zoological authorities; to provide powers and duties of a zoological authority; to authorize the levy of a property tax by a zoological authority; and to provide for the powers and duties of certain government officials.

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. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Dean, Griffin, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe and Meltzer

Nays: Rep. Knollenberg

The Committee on Commerce, by Rep. Meisner, Chair, reported

 Senate Bill No. 1173, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 457.

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. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Dean, Griffin, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer

Nays: None

The Committee on Commerce, by Rep. Meisner, Chair, reported

 Senate Bill No. 1174, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 3 (MCL 207.803), as amended by 2007 PA 62.

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. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Dean, Griffin, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer

Nays: None

The Committee on Commerce, by Rep. Meisner, Chair, reported

 Senate Bill No. 1176, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 459.

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. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Dean, Griffin, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer

Nays: None

The Committee on Commerce, by Rep. Meisner, Chair, reported

 Senate Bill No. 1177, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 2A; and to repeal acts and parts of acts.

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. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Dean, Griffin, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer

Nays: None

The Committee on Commerce, by Rep. Meisner, Chair, reported

 Senate Bill No. 1178, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 125.

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. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Dean, Griffin, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer

Nays: None

The Committee on Commerce, by Rep. Meisner, Chair, reported

 Senate Bill No. 1183, entitled

A bill to amend 2001 PA 63, entitled “History, arts, and libraries act,” by amending section 2 (MCL 399.702), as amended by 2002 PA 508.

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. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Dean, Griffin, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 18, 2008

Present: Reps. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Dean, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer

Absent: Rep. Coulouris

Excused: Rep. Coulouris

The Committee on Ethics and Elections, by Rep. Corriveau, Chair, reported

 house Bill No. 5127, entitled

A bill to prohibit certain units of government from establishing the ownership of real property as a qualification for public office; and to provide remedies.

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. Corriveau, Clemente, Bieda, Donigan, Hammon, Pearce and Wenke

Nays: None

The Committee on Ethics and Elections, by Rep. Corriveau, Chair, reported

 house Resolution No. 304.

A resolution to oppose the expenditure of any public funds for the purpose of clarifying or repeating any portion of the results of the Michigan presidential primary election conducted on January 15, 2008.

(For text of resolution, see House Journal No. 26, p. 503.)

With the recommendation that the following amendment be adopted and that the resolution then be adopted.

1. Amend the fourth Whereas clause, line 2, after “state” by inserting “or local government”.

The resolution and amendment were laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Corriveau, Clemente, Bieda, Donigan, Hammon, Warren and Wenke

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Corriveau, Chair, of the Committee on Ethics and Elections, was received and read:

Meeting held on: Tuesday, March 18, 2008

Present: Reps. Corriveau, Clemente, Bieda, Donigan, Hammon, Warren, Pearce and Wenke

Absent: Rep. Ward

Excused: Rep. Ward

The Committee on Education, by Rep. Melton, Chair, reported

 house Bill No. 4662, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1147 and 1561 (MCL 380.1147 and 380.1561), section 1561 as amended by 1996 PA 339.

With the recommendation that the substitute (H-5)* 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. Melton, Valentine, Angerer, Brown, Byrum, Clack, Corriveau, Dean, Hopgood, Lindberg, Meisner, Miller, Polidori and Pearce

Nays: Reps. Moolenaar, Emmons, Hoogendyk, Steil, Schuitmaker, Knollenberg, Opsommer and Pavlov

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 18, 2008

Present: Reps. Melton, Valentine, Angerer, Brown, Byrum, Clack, Corriveau, Dean, Hopgood, Lindberg, Meisner, Miller, Polidori, Moolenaar, Emmons, Hoogendyk, Steil, Pearce, Schuitmaker, Knollenberg, Opsommer and Pavlov

Absent: Rep. Scott

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

 house Bill No. 5531, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 32d (MCL 388.1611 and 388.1632d), as amended by 2007 PA 137.

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: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 18, 2008

Present: Reps. Miller, Meadows, Bieda, Constan, Hopgood, Lindberg, Wenke, LaJoy, Steil and Rick Jones

Absent: Rep. Farrah

Excused: Rep. Farrah

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 18, 2008

Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Virgil Smith, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca

Absent: Reps. Meisner, Scott and Warren

Messages from the governor

Date: March 13, 2008

Time: 6:21 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

 enrolled house Bill No. 4940 (Public act No. 39, i.e.), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending the heading of part 101 and sections 10101, 10102, 10103, 10104, 10105, 10106, 10107, 10108, 10109, 10204, and 20165 (MCL 333.10101, 333.10102, 333.10103, 333.10104, 333.10105, 333.10106, 333.10107, 333.10108, 333.10109, 333.10204, and 333.20165), section 10102 as amended by 2003 PA 62, section 10104 as amended by 2005 PA 140, section 10108 as amended by 2006 PA 301, section 10204 as amended by 1999 PA 60, and section 20165 as amended by 1998 PA 108, and by adding sections 10110, 10111, 10112, 10113, 10114, 10115, 10116, 10117, 10118, 10119, 10120, 10121, 10122, and 10123; and to repeal acts and parts of acts.

(Filed with the Secretary of State March 17, 2008, at 1:08 p.m.)

Date: March 13, 2008

Time: 6:23 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

 enrolled house Bill No. 4941 (Public act No. 40, i.e.), being

An act 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 section 2 (MCL 28.292), as amended by 2005 PA 143.

(Filed with the Secretary of State March 17, 2008, at 1:10 p.m.)

Date: March 13, 2008

Time: 6:25 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

 enrolled house Bill No. 4945 (Public act No. 41, i.e.), being

An act to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” by amending sections 3206, 5506, 5507, 5508, and 5510 (MCL 700.3206, 700.5506, 700.5507, 700.5508, and 700.5510), section 3206 as added by 2006 PA 299 and sections 5506, 5507, 5508, and 5510 as amended by 2004 PA 532.

(Filed with the Secretary of State March 17, 2008, at 1:12 p.m.)

communications from State officers

The following communication from the Department of State Police was received and read:

March 4, 2008

I am pleased to submit the 2006-2007 Concealed Pistol License Annual Report as required by Public Act 372 of 1927, as amended. This report details the concealed pistol license activity between July 1, 2006 and June 30, 2007.

The revised laws regarding concealed pistol licensure went into effect on July 1, 2001. Below is a summary of the activity since that date.

Year Applications Received Total Approved # of criminal Violations

2001-2002 62,902 53,000 92

2002-2003 29,914 27,499 221

2003-2004 35,585 31,121 398

2004-2005 58,366 54,677 403

2005-2006 40,238 36,754 548

2006-2007 22,403 23,790 938

Sincerely,

Peter C. Munoz

DIRECTOR

The communication was referred to the Clerk.

The following communication from the Michigan Strategic Fund was received and read:

March 12, 2008

On May 8, 2007, the Strategic Fund Board of Directors (the “MSF Board”) approved the creation of the Choose Michigan Fund. Subsequent to this board meeting, it became necessary to transfer funds from the 21st Century Jobs Fund to assist in the State of Michigan’s budget balancing efforts. Consequently, the Choose Michigan Fund was placed on hold until the new fiscal year’s appropriation was received. The MSF Board has since requested that the state treasurer transfer $18.75 million for Fiscal Year 2007-2008 from the 21st Century Jobs Trust Fund to the MSF to capitalize the Choose Michigan Fund.

Consistent with the requirements of Section 88(c)(5) of the Michigan Strategic Fund (“MSF”) Act, MCL 125.2088c(5), I am writing to provide you with the MSF Decision Document, Final Resolution of the MSF Board (the “Resolution”) and attachments to the Resolution for the Choose Michigan Fund. As you will note, the Choose Michigan Fund was created within the loan enhancement program and will: (i) provide increased willingness of banks and other financial institutions to provide debt financing to companies, (ii) improve companies’ debt service coverage and (iii) enhance the ability of companies to repay debt financing provided by banks and other financial institutions.

Sincerely,

James C. Epolito, President and Chair

Michigan Strategic Fund

The communication was referred to the Clerk.

Rep. LaJoy moved that Rep. David Law be excused temporarily from today’s session.

The motion prevailed.

Rep. Meekhof moved that Reps. Elsenheimer and Knollenberg be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

 house Bill No. 4763, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5453 (MCL 333.5453), as amended by 2002 PA 644.

(The bill was received from the Senate on March 11, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 12, see House Journal No. 24, p. 442.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll call No. 177 Yeas—107

Accavitti DeRoche Lahti Polidori

Acciavatti Dillon LaJoy Proos

Agema Donigan Law, Kathleen Robertson

Amos Ebli LeBlanc Rocca

Angerer Emmons Leland Sak

Ball Espinoza Lemmons Schuitmaker

Bauer Farrah Lindberg Scott

Bennett Gaffney Marleau Shaffer

Bieda Garfield Mayes Sheen

Booher Gillard McDowell Sheltrown

Brandenburg Gonzales Meadows Simpson

Brown Green Meekhof Smith, Alma

Byrnes Griffin Meisner Smith, Virgil

Byrum Hammel Melton Spade

Calley Hammon Meltzer Stahl

Casperson Hansen Miller Stakoe

Caswell Hildenbrand Moolenaar Steil

Caul Hood Moore Tobocman

Cheeks Hoogendyk Moss Vagnozzi

Clack Hopgood Nitz Valentine

Clemente Horn Nofs Walker

Condino Huizenga Opsommer Ward

Constan Hune Palmer Warren

Corriveau Jackson Palsrok Wenke

Coulouris Johnson Pastor Wojno

Cushingberry Jones, Rick Pavlov Young

Dean Jones, Robert Pearce

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.

The Speaker laid before the House

 house Bill No. 4868, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending sections 4q and 4r (MCL 117.4q and 117.4r), section 4q as added by 2003 PA 316 and section 4r as added by 2003 PA 317.

(The bill was received from the Senate on March 13, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 26, p. 506.)

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll call No. 178 Yeas—93

Accavitti Dillon LaJoy Polidori

Acciavatti Donigan Law, Kathleen Proos

Amos Ebli LeBlanc Rocca

Angerer Emmons Leland Sak

Ball Espinoza Lemmons Schuitmaker

Bauer Farrah Lindberg Scott

Bennett Gaffney Marleau Shaffer

Bieda Gillard Mayes Sheltrown

Booher Gonzales McDowell Simpson

Brown Griffin Meadows Smith, Alma

Byrnes Hammel Meisner Smith, Virgil

Byrum Hammon Melton Spade

Caswell Hansen Miller Stakoe

Caul Hildenbrand Moolenaar Steil

Cheeks Hood Moore Tobocman

Clack Hopgood Moss Vagnozzi

Clemente Horn Nitz Valentine

Condino Jackson Nofs Walker

Constan Johnson Opsommer Ward

Corriveau Jones, Rick Palsrok Warren

Coulouris Jones, Robert Pastor Wenke

Cushingberry Knollenberg Pavlov Wojno

Dean Lahti Pearce Young

DeRoche

Nays—15

Agema Garfield Hune Robertson

Brandenburg Green Meekhof Sheen

Calley Hoogendyk Meltzer Stahl

Casperson Huizenga Palmer

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

 house Bill No. 5526, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as added by 2007 PA 133.

The bill was read a second time.

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

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

third Reading of Bills

 house Bill No. 5526, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as added by 2007 PA 133.

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

Roll call No. 179 Yeas—107

Accavitti DeRoche Knollenberg Polidori

Acciavatti Dillon Lahti Proos

Agema Donigan LaJoy Robertson

Amos Ebli Law, Kathleen Rocca

Angerer Elsenheimer LeBlanc Sak

Ball Emmons Leland Schuitmaker

Bauer Espinoza Lemmons Scott

Bennett Farrah Lindberg Shaffer

Bieda Gaffney Marleau Sheen

Booher Garfield Mayes Sheltrown

Brandenburg Gillard McDowell Simpson

Brown Gonzales Meadows Smith, Alma

Byrnes Green Meekhof Smith, Virgil

Byrum Griffin Meisner Spade

Calley Hammel Melton Stahl

Casperson Hammon Meltzer Stakoe

Caswell Hansen Miller Steil

Caul Hildenbrand Moolenaar Tobocman

Cheeks Hood Moore Vagnozzi

Clack Hopgood Moss Valentine

Clemente Horn Nitz Walker

Condino Huizenga Nofs Ward

Constan Hune Opsommer Warren

Corriveau Jackson Palsrok Wenke

Coulouris Johnson Pastor Wojno

Cushingberry Jones, Rick Pavlov Young

Dean Jones, Robert Pearce

Nays—2

Hoogendyk Palmer

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. 5528, entitled

A bill to establish the autism research fund in the department of community health; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

The bill was read a second time.

Rep. Ball 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. 5528, entitled

A bill to establish the autism research fund in the department of community health; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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

Roll call No. 180 Yeas—108

Accavitti DeRoche Jones, Robert Pearce

Acciavatti Dillon Knollenberg Polidori

Agema Donigan Lahti Proos

Amos Ebli LaJoy Robertson

Angerer Elsenheimer Law, Kathleen Rocca

Ball Emmons LeBlanc Sak

Bauer Espinoza Leland Schuitmaker

Bennett Farrah Lemmons Scott

Bieda Gaffney Lindberg Shaffer

Booher Garfield Marleau Sheen

Brandenburg Gillard Mayes Sheltrown

Brown Gonzales McDowell Simpson

Byrnes Green Meadows Smith, Alma

Byrum Griffin Meekhof Smith, Virgil

Calley Hammel Meisner Spade

Casperson Hammon Melton Stahl

Caswell Hansen Meltzer Stakoe

Caul Hildenbrand Miller Steil

Cheeks Hood Moolenaar Tobocman

Clack Hoogendyk Moore Vagnozzi

Clemente Hopgood Moss Valentine

Condino Horn Nitz Walker

Constan Huizenga Nofs Ward

Corriveau Hune Opsommer Warren

Coulouris Jackson Palsrok Wenke

Cushingberry Johnson Pastor Wojno

Dean Jones, Rick Pavlov Young

Nays—1

Palmer

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. 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.

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. Virgil Smith 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. Warren moved that Rep. Alma Smith be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

third Reading of Bills

 house Bill No. 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.

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

Roll call No. 181 Yeas—88

Accavitti DeRoche Jones, Robert Pearce

Acciavatti Dillon LaJoy Polidori

Amos Donigan Law, Kathleen Proos

Angerer Ebli LeBlanc Robertson

Ball Elsenheimer Leland Sak

Bauer Emmons Lemmons Schuitmaker

Bennett Espinoza Marleau Scott

Bieda Farrah Mayes Shaffer

Brown Gaffney McDowell Sheltrown

Byrnes Gillard Meadows Simpson

Byrum Gonzales Meisner Smith, Virgil

Calley Griffin Melton Spade

Caul Hammel Miller Stahl

Cheeks Hammon Moolenaar Stakoe

Clack Hansen Moore Tobocman

Clemente Hildenbrand Moss Vagnozzi

Condino Hood Nitz Valentine

Constan Hopgood Nofs Ward

Corriveau Horn Opsommer Warren

Coulouris Hune Palmer Wenke

Cushingberry Jackson Palsrok Wojno

Dean Johnson Pavlov Young

Nays—20

Agema Garfield Knollenberg Pastor

Booher Green Lahti Rocca

Brandenburg Hoogendyk Lindberg Sheen

Casperson Huizenga Meekhof Steil

Caswell Jones, Rick Meltzer Walker

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

 Senate Bill No. 82, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 710e (MCL 257.710e), as amended by 1999 PA 29.

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. 82, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 710e (MCL 257.710e), as amended by 1999 PA 29.

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

Roll call No. 182 Yeas—99

Accavitti Dean Knollenberg Polidori

Acciavatti DeRoche Lahti Proos

Amos Dillon LaJoy Robertson

Angerer Donigan Law, Kathleen Rocca

Ball Ebli LeBlanc Sak

Bauer Emmons Leland Schuitmaker

Bennett Espinoza Lemmons Scott

Bieda Farrah Lindberg Shaffer

Booher Gaffney Marleau Sheltrown

Brandenburg Gillard Mayes Simpson

Brown Gonzales McDowell Smith, Virgil

Byrnes Green Meadows Spade

Byrum Griffin Meekhof Stahl

Calley Hammel Meisner Stakoe

Casperson Hammon Melton Steil

Caswell Hansen Meltzer Tobocman

Caul Hildenbrand Miller Vagnozzi

Cheeks Hood Moolenaar Valentine

Clack Hopgood Moore Walker

Clemente Horn Moss Ward

Condino Hune Nitz Warren

Constan Jackson Nofs Wenke

Corriveau Johnson Opsommer Wojno

Coulouris Jones, Rick Palsrok Young

Cushingberry Jones, Robert Pavlov

Nays—9

Agema Hoogendyk Palmer Pearce

Elsenheimer Huizenga Pastor Sheen

Garfield

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 provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”

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. 1173, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 457.

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

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

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

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

third Reading of Bills

 Senate Bill No. 1173, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 457.

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

Roll call No. 183 Yeas—108

Accavitti DeRoche Jones, Robert Pavlov

Acciavatti Dillon Knollenberg Pearce

Agema Donigan Lahti Polidori

Amos Ebli LaJoy Proos

Angerer Elsenheimer Law, Kathleen Robertson

Ball Emmons LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gaffney Lindberg Scott

Booher Garfield Marleau Shaffer

Brandenburg Gillard Mayes Sheen

Brown Gonzales McDowell Sheltrown

Byrnes Green Meadows Simpson

Byrum Griffin Meekhof Smith, Virgil

Calley Hammel Meisner Spade

Casperson Hammon Melton Stahl

Caswell Hansen Meltzer Stakoe

Caul Hildenbrand Miller Steil

Cheeks Hood Moolenaar Tobocman

Clack Hoogendyk Moore Vagnozzi

Clemente Hopgood Moss Valentine

Condino Horn Nitz Walker

Constan Huizenga Nofs Ward

Corriveau Hune Opsommer Warren

Coulouris Jackson Palmer Wenke

Cushingberry Johnson Palsrok Wojno

Dean Jones, Rick 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.

Second Reading of Bills

 Senate Bill No. 1174, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 3 (MCL 207.803), as amended by 2007 PA 62.

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

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

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

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

third Reading of Bills

 Senate Bill No. 1174, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 3 (MCL 207.803), as amended by 2007 PA 62.

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

Roll call No. 184 Yeas—108

Accavitti DeRoche Jones, Robert Pavlov

Acciavatti Dillon Knollenberg Pearce

Agema Donigan Lahti Polidori

Amos Ebli LaJoy Proos

Angerer Elsenheimer Law, Kathleen Robertson

Ball Emmons LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gaffney Lindberg Scott

Booher Garfield Marleau Shaffer

Brandenburg Gillard Mayes Sheen

Brown Gonzales McDowell Sheltrown

Byrnes Green Meadows Simpson

Byrum Griffin Meekhof Smith, Virgil

Calley Hammel Meisner Spade

Casperson Hammon Melton Stahl

Caswell Hansen Meltzer Stakoe

Caul Hildenbrand Miller Steil

Cheeks Hood Moolenaar Tobocman

Clack Hoogendyk Moore Vagnozzi

Clemente Hopgood Moss Valentine

Condino Horn Nitz Walker

Constan Huizenga Nofs Ward

Corriveau Hune Opsommer Warren

Coulouris Jackson Palmer Wenke

Cushingberry Johnson Palsrok Wojno

Dean Jones, Rick 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 promote economic growth and job creation within this state; to create and regulate the Michigan economic growth authority; to prescribe the powers and duties of the authority and of state and local officials; to assess and collect a fee; to approve certain plans and the use of certain funds; and to provide qualifications for and determine eligibility for tax credits and other incentives for authorized businesses and for qualified taxpayers,”

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. 1176, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 459.

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. 1176, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 459.

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

Roll call No. 185 Yeas—107

Accavitti DeRoche Knollenberg Pearce

Acciavatti Dillon Lahti Polidori

Agema Donigan LaJoy Proos

Amos Ebli Law, Kathleen Robertson

Angerer Elsenheimer LeBlanc Rocca

Ball Emmons Leland Sak

Bauer Espinoza Lemmons Schuitmaker

Bennett Farrah Lindberg Scott

Bieda Gaffney Marleau Shaffer

Booher Gillard Mayes Sheen

Brandenburg Gonzales McDowell Sheltrown

Brown Green Meadows Simpson

Byrnes Griffin Meekhof Smith, Virgil

Byrum Hammel Meisner Spade

Calley Hammon Melton Stahl

Casperson Hansen Meltzer Stakoe

Caswell Hildenbrand Miller Steil

Caul Hood Moolenaar Tobocman

Cheeks Hoogendyk Moore Vagnozzi

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

Garfield

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.

Second Reading of Bills

 Senate Bill No. 1177, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 2A; and to repeal acts and parts of acts.

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. 1177, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 2A; 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. 186 Yeas—106

Accavitti DeRoche Lahti Pearce

Acciavatti Dillon LaJoy Polidori

Agema Donigan Law, Kathleen Proos

Amos Ebli LeBlanc Robertson

Angerer Elsenheimer Leland Rocca

Ball Emmons Lemmons Sak

Bauer Espinoza Lindberg Schuitmaker

Bennett Farrah Marleau Scott

Bieda Gaffney Mayes Shaffer

Booher Gillard McDowell Sheen

Brandenburg Gonzales Meadows Sheltrown

Brown Green Meekhof Simpson

Byrnes Griffin Meisner Smith, Virgil

Byrum Hammel Melton Spade

Calley Hammon Meltzer Stahl

Casperson Hansen Miller Stakoe

Caswell Hildenbrand Moolenaar Steil

Caul Hood Moore Tobocman

Cheeks Hopgood Moss Vagnozzi

Clack Horn Nitz Valentine

Clemente Huizenga Nofs Walker

Condino Hune Opsommer Ward

Constan Jackson Palmer Warren

Corriveau Johnson Palsrok Wenke

Coulouris Jones, Rick Pastor Wojno

Cushingberry Jones, Robert Pavlov Young

Dean Knollenberg

Nays—2

Garfield Hoogendyk

In The Chair: Sak

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; 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

 Senate Bill No. 1178, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 125.

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. 1178, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 125.

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

Roll call No. 187 Yeas—107

Accavitti DeRoche Knollenberg Pearce

Acciavatti Dillon Lahti Polidori

Agema Donigan LaJoy Proos

Amos Ebli Law, Kathleen Robertson

Angerer Elsenheimer LeBlanc Rocca

Ball Emmons Leland Sak

Bauer Espinoza Lemmons Schuitmaker

Bennett Farrah Lindberg Scott

Bieda Gaffney Marleau Shaffer

Booher Gillard Mayes Sheen

Brandenburg Gonzales McDowell Sheltrown

Brown Green Meadows Simpson

Byrnes Griffin Meekhof Smith, Virgil

Byrum Hammel Meisner Spade

Calley Hammon Melton Stahl

Casperson Hansen Meltzer Stakoe

Caswell Hildenbrand Miller Steil

Caul Hood Moolenaar Tobocman

Cheeks Hoogendyk Moore Vagnozzi

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

Garfield

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 prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain 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

 Senate Bill No. 1183, entitled

A bill to amend 2001 PA 63, entitled “History, arts, and libraries act,” by amending section 2 (MCL 399.702), as amended by 2002 PA 508.

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. 1183, entitled

A bill to amend 2001 PA 63, entitled “History, arts, and libraries act,” by amending section 2 (MCL 399.702), as amended by 2002 PA 508.

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

Roll call No. 188 Yeas—108

Accavitti DeRoche Jones, Robert Pavlov

Acciavatti Dillon Knollenberg Pearce

Agema Donigan Lahti Polidori

Amos Ebli LaJoy Proos

Angerer Elsenheimer Law, Kathleen Robertson

Ball Emmons LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gaffney Lindberg Scott

Booher Garfield Marleau Shaffer

Brandenburg Gillard Mayes Sheen

Brown Gonzales McDowell Sheltrown

Byrnes Green Meadows Simpson

Byrum Griffin Meekhof Smith, Virgil

Calley Hammel Meisner Spade

Casperson Hammon Melton Stahl

Caswell Hansen Meltzer Stakoe

Caul Hildenbrand Miller Steil

Cheeks Hood Moolenaar Tobocman

Clack Hoogendyk Moore Vagnozzi

Clemente Hopgood Moss Valentine

Condino Horn Nitz Walker

Constan Huizenga Nofs Ward

Corriveau Hune Opsommer Warren

Coulouris Jackson Palmer Wenke

Cushingberry Johnson Palsrok Wojno

Dean Jones, Rick 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 create a department of history, arts, and libraries; to provide for its administration; and to provide for its powers, duties, functions, and responsibilities,”

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. 5531, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 32d (MCL 388.1611 and 388.1632d), as amended by 2007 PA 137.

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. McDowell moved to amend the bill as follows:

1. Amend page 16, line 17, after “200.0” by inserting “oR iS 1 of 2 DiStRictS that haVe coNSoLiDateD tRaNSPoRtatioN SeRViceS aND haVe a coMBiNeD totaL SQUaRe MiLeage gReateR thaN 200.0”.

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

Rep. Moolenaar moved to amend the bill as follows:

1. Amend page 31, following line 15, by inserting:

“Sec. 99c. (1) From the state school aid fund money appropriated in section 11, there is allocated an amount not to exceed $0.00 $1,000,000.00 for 2007-2008 for payments to districts under this section for the middle school mathematics initiative PiLot PRogRaMS DeSigNeD to achieve the middle school mathematics standards and benchmarks FOR aLgeBRa adopted by the state board.

(2) The amount of the payment to each district for 2007-2008 shall be an equal amount per pupil for each pupil actually enrolled and attending school in the district in grades 6 to 8. Payments to a district under this section for subsequent fiscal years shall be as described in subsection (4). the DePaRtMeNt ShaLL aWaRD gRaNtS foR PiLot PRogRaMS UNDeR thiS SectioN to DiStRictS oN a fiRSt coMe fiRSt SeRVe BaSiS. the aMoUNt of a gRaNt ShaLL Not eXceeD $250,000.00. to Be eLigiBLe foR a gRaNt, a DiStRict ShaLL Meet aLL of the foLLoWiNg:

(a) ShaLL PRoViDe LocaL fUNDiNg foR the PiLot PRogRaM iN aN aMoUNt at LeaSt eQUaL to 1/3 of the aMoUNt of the gRaNt. a DiStRict MaY coUNt the VaLUe of iN-KiND SeRViceS toWaRD MeetiNg thiS LocaL Match ReQUiReMeNt.

 (B) the PiLot PRogRaM ShaLL Be coNDUcteD iN cooPeRatioN With at LeaSt 1 otheR eNtitY, Which MaY iNcLUDe, BUt Not LiMiteD to, aNotheR DiStRict, aN iNteRMeDiate DiStRict, a coMMUNitY coLLege, a State UNiVeRSitY, oR a MatheMaticS aND ScieNce ceNteR.

 (3) the PiLot PRogRaMS ShaLL taRget MiDDLe SchooL MatheMaticS iNitiatiVeS aiMeD at MiDDLe SchooL StUDeNtS iDeNtifieD to Be BehiND oR NeeDiNg aDDitioNaL aSSiStaNce iN aLgeBRa aS DefiNeD iN the StaNDaRDS aND BeNchMaRKS aDoPteD BY the State BoaRD. the PRogRaMS ShaLL Be SUMMeR PRogRaMS aND ShaLL iNcLUDe oNLiNe coURSeS.

 (4) gRaNt fUNDS aWaRDeD UNDeR thiS SectioN aRe iNteNDeD to Be foR the fiRSt YeaR of 3 YeaRS of fUNDiNg.

 (5) NotWithStaNDiNg SectioN 17B, PaYMeNtS UNDeR thiS SectioN MaY Be MaDe PURSUaNt to aN agReeMeNt With the DePaRtMeNt.

(6) (3) A district shall use funds received under this section BefoRe 2007-2008 for activities and efforts designed to improve pupil performance in mathematics. However, if a district has carried forward unexpended funds received under this section into 2007-2008, the district may use those unexpended funds for any purpose.” and adjusting the totals in section 11 and enacting section 1 accordingly.

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

Rep. Gillard 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. 5531, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 32d (MCL 388.1611 and 388.1632d), as amended by 2007 PA 137.

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

Roll call No. 189 Yeas—91

Accavitti Donigan Lahti Pearce

Amos Ebli LaJoy Polidori

Angerer Elsenheimer Law, Kathleen Proos

Ball Emmons LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gaffney Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Virgil

Byrum Hammel Meisner Spade

Casperson Hammon Melton Stahl

Cheeks Hansen Meltzer Stakoe

Clack Hildenbrand Miller Tobocman

Clemente Hood Moolenaar Vagnozzi

Condino Hopgood Moore Valentine

Constan Horn Moss Walker

Corriveau Jackson Nitz Warren

Coulouris Johnson Nofs Wenke

Cushingberry Jones, Rick Opsommer Wojno

Dean Jones, Robert Palsrok Young

Dillon Knollenberg Pavlov

Nays—17

Acciavatti DeRoche Hune Robertson

Agema Garfield Meekhof Sheen

Calley Hoogendyk Palmer Steil

Caswell Huizenga Pastor Ward

Caul

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 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11j, 22a, 22b, 22d, 32b, 32c, 51a, 51c, 99c, and 104 (MCL 388.1611, 388.1611j, 388.1622a, 388.1622b, 388.1622d, 388.1632b, 388.1632c, 388.1651a, 388.1651c, 388.1699c, and 388.1704), as amended by 2007 PA 137, and by adding sections 31h, 32e, 54c, 99h, 99m, 99n, and 99p.

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

“Mr. Speaker and members of the House:

I can not in good faith vote for this bill knowing that it will seriously restrict our ability to fund education in the next budget year.”

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

“Mr. Speaker and members of the House:

With the recent reductions in revenue for next year we have learned about, I cannot spend this money on categoricals when I know it will be needed for maintenance of the foundation grant for next year.”

Rep. Calley, 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:

While the goals of this legislation are noble, I cannot support increases in categoricals when there is a high degree of likelihood that the same money will be needed to support the K-12 foundation allowance.”

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

“Mr. Speaker and members of the House:

We shouldn’t be spending money on categoricals when we need the money for the foundation allowance. We will need this money for future use not for new programs.”

Second Reading of Bills

 house Bill No. 5866, entitled

A bill to amend 2005 PA 226, entitled “Michigan tobacco settlement finance authority act,” by amending section 8 (MCL 129.268), as amended by 2007 PA 18.

The bill was read a second time.

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

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

third Reading of Bills

 house Bill No. 5866, entitled

A bill to amend 2005 PA 226, entitled “Michigan tobacco settlement finance authority act,” by amending section 8 (MCL 129.268), as amended by 2007 PA 18.

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

Roll call No. 190 Yeas—95

Accavitti Dillon Jones, Robert Pavlov

Acciavatti Donigan Lahti Polidori

Amos Ebli LaJoy Proos

Angerer Elsenheimer Law, Kathleen Robertson

Ball Emmons LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gaffney Lindberg Scott

Booher Gillard Marleau Shaffer

Brown Gonzales Mayes Sheltrown

Byrnes Green McDowell Simpson

Byrum Griffin Meadows Smith, Virgil

Calley Hammel Meekhof Spade

Casperson Hammon Meisner Stahl

Caul Hansen Melton Stakoe

Cheeks Hildenbrand Meltzer Tobocman

Clack Hood Miller Vagnozzi

Clemente Hopgood Moolenaar Valentine

Condino Horn Moore Walker

Constan Huizenga Moss Ward

Corriveau Hune Nitz Warren

Coulouris Jackson Nofs Wojno

Cushingberry Johnson Opsommer Young

Dean Jones, Rick Palsrok

Nays—13

Agema Garfield Palmer Sheen

Brandenburg Hoogendyk Pastor Steil

Caswell Knollenberg Pearce Wenke

DeRoche

In The Chair: Sak

The House agreed to the title of the bill.

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

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

______

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

“Mr. Speaker and members of the House:

We cannot continue to mortgage our future to pay for current programs. We must make choices on how we spend our money.”

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

“Mr. Speaker and members of the House:

We have to stop mortgaging the states future to deal with the short term. They should cut spending now, not have to cut twice as much later.”

Second Reading of Bills

 house Bill No. 5865, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 8B.

The bill was read a second time.

Rep. Ebli moved to substitute (H-2) the bill.

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

Rep. Huizenga moved to amend the bill as follows:

1. Amend page 3, following line 24, by inserting:

“(4) No fUNDS aPPRoPRiateD iN thiS chaPteR MaY Be USeD foR toURiSM PRoMotioN oR BUSiNeSS DeVeLoPMeNt PRoMotioN if the PRoMotioN iNcLUDeS the iMage of a caNDiDate foR State oR feDeRaL eLectiVe office aND that PRoMotioN iS taRgeteD to a MeDia MaRKet iN thiS State.”.

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

Rep. Moore moved to amend the bill as follows:

1. Amend page 3, following line 24, by inserting:

“(4) fRoM the fUNDS aPPRoPRiateD iN SUBSectioN (1), Not LeSS thaN $1,000,000.00 ShaLL Be USeD BY the fUND to PRoMote MichigaN-BaSeD RetaiLeRS that haVe BeeN eStaBLiSheD foR 25 oR MoRe YeaRS aND that PRoViDe gooDS aND SeRViceS to SPoRtS eNthUSiaStS iN thiS State.”.

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

Rep. Moore 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. 191 Yeas—49

Acciavatti Gaffney Meekhof Pearce

Agema Gillard Meltzer Proos

Amos Green Moolenaar Robertson

Ball Hansen Moore Schuitmaker

Booher Hildenbrand Moss Shaffer

Brandenburg Hoogendyk Nitz Sheen

Calley Horn Nofs Stahl

Casperson Huizenga Opsommer Stakoe

Caswell Jones, Rick Palmer Steil

Caul Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Marleau Pavlov Wenke

Emmons

Nays—59

Accavitti Cushingberry Jackson Polidori

Angerer Dean Johnson Rocca

Bauer Dillon Jones, Robert Sak

Bennett Donigan Lahti Scott

Bieda Ebli Law, Kathleen Sheltrown

Brown Espinoza LeBlanc Simpson

Byrnes Farrah Leland Smith, Virgil

Byrum Garfield Lemmons Spade

Cheeks Gonzales Lindberg Tobocman

Clack Griffin Mayes Vagnozzi

Clemente Hammel McDowell Valentine

Condino Hammon Meadows Warren

Constan Hood Meisner Wojno

Corriveau Hopgood Melton Young