No. 40
State of Michigan
JOURNAL
OF THE
House of Representatives
94th Legislature
REGULAR SESSION OF 2008
House Chamber, Lansing, Wednesday, April 30, 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—excused
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—excused
Cheeks—e/d/s 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. Andy Coulouris, from the 95th District, offered the following invocation:
“Almighty and most merciful God, You command us to offer food to the hungry and satisfy the needs of the afflicted: Grant that Your holy and life-giving Spirit may so move every human heart; that we may give of ourselves in the service of others until poverty and hunger cease in all the world.
Let us pray for schools and centers of learning throughout the world, for those who lack access to basic education, and for the light of knowledge to blossom and shine in the lives of all God’s people.
Let us pray for an end to the waste and desecration of God’s creation, for access to the fruits of creation to be shared equally among all people, and for communities and nations to find sustenance in the fruits of the earth and the water God has given us.
Let us pray for an end to the divisions and inequalities that scar God’s creation, particularly the barriers to freedom faced by God’s children throughout the world because of gender; that all who have been formed in God’s image might have equality in pursuit of the blessings of creation.
O God, in whom there is neither male nor female, Jew nor Gentile, slave nor free: Unite the wills of all people, that the walls which divide us and limit equality among Your children may crumble, suspicions disappear, and hatreds cease; so that all may live together in justice, harmony, and peace.
God of love, in Your mercy, Hear our prayer.”
______
Rep. Booher moved that Rep. Steil be excused from today’s session.
The motion prevailed.
Rep. Tobocman moved that Rep. Scott be excused from today’s session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4433, entitled
A bill to amend 1973 PA 186, entitled “Tax tribunal act,” by amending sections 3, 31, and 32 (MCL 205.703, 205.731, and 205.732), section 3 as amended by 1992 PA 172, and by adding section 47.
(The bill was received from the Senate on April 29, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 39, p. 896.)
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. 328 Yeas—106
Accavitti Donigan Lahti Pavlov
Acciavatti Ebli LaJoy Pearce
Agema Elsenheimer Law, David Polidori
Amos Emmons Law, Kathleen Proos
Angerer Espinoza LeBlanc Robertson
Ball Farrah Leland Rocca
Bauer Gaffney Lemmons Sak
Bennett Garfield Lindberg Schuitmaker
Bieda Gillard Marleau Shaffer
Booher Gonzales Mayes Sheen
Brandenburg Green McDowell Sheltrown
Brown Griffin Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Byrum Hammon Meisner Smith, Virgil
Calley Hansen Melton Spade
Casperson Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Clack Hoogendyk Moolenaar Tobocman
Clemente Hopgood Moore Vagnozzi
Condino Horn Moss Valentine
Constan Huizenga Nitz Walker
Corriveau Hune Nofs Ward
Coulouris Jackson Opsommer Warren
Cushingberry Johnson Palmer Wenke
Dean Jones, Rick Palsrok Wojno
DeRoche Jones, Robert Pastor Young
Dillon Knollenberg
Nays—1
Caswell
In The Chair: Sak
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 4436, entitled
A bill to amend 1973 PA 186, entitled “Tax tribunal act,” by amending section 62 (MCL 205.762), as amended by 1995 PA 232.
(The bill was received from the Senate on April 29, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 39, p. 896.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 329 Yeas—107
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 Shaffer
Booher Gillard Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Tobocman
Clack Hoogendyk Moolenaar Vagnozzi
Clemente Hopgood Moore Valentine
Condino Horn Moss Walker
Constan Huizenga Nitz Ward
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
DeRoche Jones, Robert Pastor
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
House Bill No. 5893, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 201 and 203 (MCL 208.1201 and 208.1203), section 201 as amended by 2007 PA 145.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,
The substitute (H-2) 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
House Bill No. 5893, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 201 and 203 (MCL 208.1201 and 208.1203), section 201 as amended by 2007 PA 145.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 330 Yeas—107
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 Shaffer
Booher Gillard Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Tobocman
Clack Hoogendyk Moolenaar Vagnozzi
Clemente Hopgood Moore Valentine
Condino Horn Moss Walker
Constan Huizenga Nitz Ward
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
DeRoche Jones, Robert Pastor
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4657, entitled
A bill to amend 2004 PA 479, entitled “Michigan housing and community development fund act,” by amending sections 2, 3, 5, 6, and 8 (MCL 125.2822, 125.2823, 125.2825, 125.2826, and 125.2828).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on New Economy and Quality of Life,
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
House Bill No. 4657, entitled
A bill to amend 2004 PA 479, entitled “Michigan housing and community development fund act,” by amending sections 2, 3, 5, 6, and 8 (MCL 125.2822, 125.2823, 125.2825, 125.2826, and 125.2828).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 331 Yeas—107
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 Shaffer
Booher Gillard Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Tobocman
Clack Hoogendyk Moolenaar Vagnozzi
Clemente Hopgood Moore Valentine
Condino Horn Moss Walker
Constan Huizenga Nitz Ward
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
DeRoche Jones, Robert Pastor
Nays—0
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to repeal 2004 PA 479, entitled “Michigan housing and community development fund act,” (MCL 125.2821 to 125.2829).
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer 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. 4658, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending sections 58, 58a, 58b, and 58c (MCL 125.1458, 125.1458a, 125.1458b, and 125.1458c), as added by 2004 PA 480.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on New Economy and Quality of Life,
The substitute (H-4) was not adopted, a majority of the members serving not voting therefor.
Rep. Tobocman moved to substitute (H-5) the bill.
The motion prevailed and the substitute (H-5) 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. Angerer 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. 4658, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending sections 58, 58a, 58b, and 58c (MCL 125.1458, 125.1458a, 125.1458b, and 125.1458c), as added by 2004 PA 480.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 332 Yeas—107
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 Shaffer
Booher Gillard Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Tobocman
Clack Hoogendyk Moolenaar Vagnozzi
Clemente Hopgood Moore Valentine
Condino Horn Moss Walker
Constan Huizenga Nitz Ward
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
DeRoche Jones, Robert Pastor
Nays—0
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending sections 22, 58, 58a, 58b, and 58c (MCL 125.1422, 125.1458, 125.1458a, 125.1458b, and 125.1458c), section 22 as amended by 2002 PA 385 and sections 58, 58a, 58b, and 58c as added by 2004 PA 480, and by adding sections 58e and 58f.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer 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. 5952, entitled
A bill to amend 1970 PA 169, entitled “Local historic districts act,” by amending section 3 (MCL 399.203), as amended by 2001 PA 67.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on New Economy and Quality of Life,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Bauer moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Bauer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5952, entitled
A bill to amend 1970 PA 169, entitled “Local historic districts act,” by amending section 3 (MCL 399.203), as amended by 2001 PA 67.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 333 Yeas—107
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 Shaffer
Booher Gillard Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Tobocman
Clack Hoogendyk Moolenaar Vagnozzi
Clemente Hopgood Moore Valentine
Condino Horn Moss Walker
Constan Huizenga Nitz Ward
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
DeRoche Jones, Robert Pastor
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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. 5008, entitled
A bill to enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to make uniform the law with reference to securities; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Commerce,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Huizenga moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5008, entitled
A bill to enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to make uniform the law with reference to securities; 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. 334 Yeas—106
Accavitti Dillon Lahti Pavlov
Acciavatti Donigan LaJoy Pearce
Agema Ebli Law, David Polidori
Amos Elsenheimer Law, Kathleen Proos
Angerer Emmons LeBlanc Robertson
Ball Espinoza Leland Rocca
Bauer Farrah Lemmons Sak
Bennett Gaffney Lindberg Schuitmaker
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 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
DeRoche Jones, Robert
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Agema, Angerer, Ball, Bieda, Brown, Calley, Casperson, Clack, Condino, Cushingberry, DeRoche, Gonzales, Hansen, Hildenbrand, Jackson, Johnson, Robert Jones, David Law, Kathleen Law, Mayes, Meadows, Meekhof, Meisner, Melton, Meltzer, Moolenaar, Opsommer, Palsrok, Pearce, Polidori, Sak and Spade were named co‑sponsors of the bill.
Second Reading of Bills
House Bill No. 5009, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 23 (MCL 125.2023), as amended by 2002 PA 556.
The bill was read a second time.
Rep. Coulouris moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5009, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 23 (MCL 125.2023), as amended by 2002 PA 556.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 335 Yeas—107
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 Shaffer
Booher Gillard Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Tobocman
Clack Hoogendyk Moolenaar Vagnozzi
Clemente Hopgood Moore Valentine
Condino Horn Moss Walker
Constan Huizenga Nitz Ward
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
DeRoche Jones, Robert Pastor
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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. 5010, entitled
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 20 (MCL 445.920).
The bill was read a second time.
Rep. Griffin moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Cheeks entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5010, entitled
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 20 (MCL 445.920).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 336 Yeas—108
Accavitti DeRoche Jones, Robert Pastor
Acciavatti Dillon Knollenberg Pavlov
Agema Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Shaffer
Brandenburg Gillard Marleau Sheen
Brown Gonzales Mayes Sheltrown
Byrnes Green McDowell Simpson
Byrum Griffin Meadows Smith, Alma
Calley Hammel Meekhof Smith, Virgil
Casperson Hammon Meisner Spade
Caswell Hansen Melton Stahl
Caul Hildenbrand Meltzer Stakoe
Cheeks Hood Miller Tobocman
Clack Hoogendyk Moolenaar Vagnozzi
Clemente Hopgood Moore Valentine
Condino Horn Moss Walker
Constan Huizenga Nitz Ward
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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. 5011, entitled
A bill to amend 1971 PA 227, entitled “An act to prescribe the rights and duties of parties to home solicitation sales; to regulate certain telephone solicitation; to provide for the powers and duties of certain state officers and entities; and to prescribe penalties and remedies,” by amending section 1 (MCL 445.111), as amended by 2002 PA 612.
The bill was read a second time.
Rep. Simpson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5011, entitled
A bill to amend 1971 PA 227, entitled “An act to prescribe the rights and duties of parties to home solicitation sales; to regulate certain telephone solicitation; to provide for the powers and duties of certain state officers and entities; and to prescribe penalties and remedies,” by amending section 1 (MCL 445.111), as amended by 2002 PA 612.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 337 Yeas—108
Accavitti DeRoche Jones, Robert Pastor
Acciavatti Dillon Knollenberg Pavlov
Agema Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Shaffer
Brandenburg Gillard Marleau Sheen
Brown Gonzales Mayes Sheltrown
Byrnes Green McDowell Simpson
Byrum Griffin Meadows Smith, Alma
Calley Hammel Meekhof Smith, Virgil
Casperson Hammon Meisner Spade
Caswell Hansen Melton Stahl
Caul Hildenbrand Meltzer Stakoe
Cheeks Hood Miller Tobocman
Clack Hoogendyk Moolenaar Vagnozzi
Clemente Hopgood Moore Valentine
Condino Horn Moss Walker
Constan Huizenga Nitz Ward
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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. 5012, entitled
A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2000 PA 307.
The bill was read a second time.
Rep. Clemente moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5012, entitled
A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2000 PA 307.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 338 Yeas—108
Accavitti DeRoche Jones, Robert Pastor
Acciavatti Dillon Knollenberg Pavlov
Agema Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Shaffer
Brandenburg Gillard Marleau Sheen
Brown Gonzales Mayes Sheltrown
Byrnes Green McDowell Simpson
Byrum Griffin Meadows Smith, Alma
Calley Hammel Meekhof Smith, Virgil
Casperson Hammon Meisner Spade
Caswell Hansen Melton Stahl
Caul Hildenbrand Meltzer Stakoe
Cheeks Hood Miller Tobocman
Clack Hoogendyk Moolenaar Vagnozzi
Clemente Hopgood Moore Valentine
Condino Horn Moss Walker
Constan Huizenga Nitz Ward
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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. 5014, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 159g and 411j (MCL 750.159g and 750.411j), section 159g as amended by 2002 PA 124 and section 411j as amended by 2002 PA 136.
The bill was read a second time.
Rep. Palsrok moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5014, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 159g and 411j (MCL 750.159g and 750.411j), section 159g as amended by 2002 PA 124 and section 411j as amended by 2002 PA 136.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 339 Yeas—108
Accavitti DeRoche Jones, Robert Pastor
Acciavatti Dillon Knollenberg Pavlov
Agema Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Shaffer
Brandenburg Gillard Marleau Sheen
Brown Gonzales Mayes Sheltrown
Byrnes Green McDowell Simpson
Byrum Griffin Meadows Smith, Alma
Calley Hammel Meekhof Smith, Virgil
Casperson Hammon Meisner Spade
Caswell Hansen Melton Stahl
Caul Hildenbrand Meltzer Stakoe
Cheeks Hood Miller Tobocman
Clack Hoogendyk Moolenaar Vagnozzi
Clemente Hopgood Moore Valentine
Condino Horn Moss Walker
Constan Huizenga Nitz Ward
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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. 5015, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2002 PA 142.
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. Schuitmaker moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Angerer moved that Rep. Gillard 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. 5015, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2002 PA 142.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 340 Yeas—107
Accavitti DeRoche Knollenberg Pavlov
Acciavatti Dillon Lahti Pearce
Agema Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Emmons LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lemmons Schuitmaker
Bieda Gaffney Lindberg Shaffer
Booher Garfield Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Tobocman
Cheeks Hoogendyk Moolenaar Vagnozzi
Clack Hopgood Moore Valentine
Clemente Horn Moss Walker
Condino Huizenga Nitz Ward
Constan Hune Nofs Warren
Corriveau Jackson Opsommer Wenke
Coulouris Johnson Palmer Wojno
Cushingberry Jones, Rick Palsrok Young
Dean Jones, Robert Pastor
Nays—0
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2007 PA 156.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer 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. 5016, entitled
A bill to amend 1980 PA 307, entitled “Savings and loan act of 1980,” by amending section 515 (MCL 491.515), as added by 1987 PA 106.
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. Angerer 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. 5016, entitled
A bill to amend 1980 PA 307, entitled “Savings and loan act of 1980,” by amending section 515 (MCL 491.515), as added by 1987 PA 106.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 341 Yeas—107
Accavitti DeRoche Knollenberg Pavlov
Acciavatti Dillon Lahti Pearce
Agema Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Emmons LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lemmons Schuitmaker
Bieda Gaffney Lindberg Shaffer
Booher Garfield Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Tobocman
Cheeks Hoogendyk Moolenaar Vagnozzi
Clack Hopgood Moore Valentine
Clemente Horn Moss Walker
Condino Huizenga Nitz Ward
Constan Hune Nofs Warren
Corriveau Jackson Opsommer Wenke
Coulouris Johnson Palmer Wojno
Cushingberry Jones, Rick Palsrok Young
Dean Jones, Robert Pastor
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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. 5017, entitled
A bill to amend 1986 PA 316, entitled “Michigan education trust act,” by amending section 19 (MCL 390.1439).
The bill was read a second time.
Rep. Hildenbrand moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5017, entitled
A bill to amend 1986 PA 316, entitled “Michigan education trust act,” by amending section 19 (MCL 390.1439).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 342 Yeas—107
Accavitti DeRoche Knollenberg Pavlov
Acciavatti Dillon Lahti Pearce
Agema Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Emmons LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lemmons Schuitmaker
Bieda Gaffney Lindberg Shaffer
Booher Garfield Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Tobocman
Cheeks Hoogendyk Moolenaar Vagnozzi
Clack Hopgood Moore Valentine
Clemente Horn Moss Walker
Condino Huizenga Nitz Ward
Constan Hune Nofs Warren
Corriveau Jackson Opsommer Wenke
Coulouris Johnson Palmer Wojno
Cushingberry Jones, Rick Palsrok Young
Dean Jones, Robert Pastor
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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. 5018, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14j of chapter XVII (MCL 777.14j), as added by 2002 PA 29.
The bill was read a second time.
Rep. Meisner moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5018, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14j of chapter XVII (MCL 777.14j), as added by 2002 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. 343 Yeas—107
Accavitti DeRoche Knollenberg Pavlov
Acciavatti Dillon Lahti Pearce
Agema Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Emmons LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lemmons Schuitmaker
Bieda Gaffney Lindberg Shaffer
Booher Garfield Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Tobocman
Cheeks Hoogendyk Moolenaar Vagnozzi
Clack Hopgood Moore Valentine
Clemente Horn Moss Walker
Condino Huizenga Nitz Ward
Constan Hune Nofs Warren
Corriveau Jackson Opsommer Wenke
Coulouris Johnson Palmer Wojno
Cushingberry Jones, Rick Palsrok Young
Dean Jones, Robert Pastor
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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. 5019, entitled
A bill to amend 1986 PA 157, entitled “Michigan export development act,” by amending section 10 (MCL 447.160), as amended by 2002 PA 302.
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. Angerer 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. 5019, entitled
A bill to amend 1986 PA 157, entitled “Michigan export development act,” by amending section 10 (MCL 447.160), as amended by 2002 PA 302.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 344 Yeas—107
Accavitti DeRoche Knollenberg Pavlov
Acciavatti Dillon Lahti Pearce
Agema Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Emmons LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lemmons Schuitmaker
Bieda Gaffney Lindberg Shaffer
Booher Garfield Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Tobocman
Cheeks Hoogendyk Moolenaar Vagnozzi
Clack Hopgood Moore Valentine
Clemente Horn Moss Walker
Condino Huizenga Nitz Ward
Constan Hune Nofs Warren
Corriveau Jackson Opsommer Wenke
Coulouris Johnson Palmer Wojno
Cushingberry Jones, Rick Palsrok Young
Dean Jones, Robert Pastor
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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. 5020, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending sections 1a and 29 (MCL 445.1651a and 445.1679), section 1a as amended by 2002 PA 391 and section 29 as amended by 1996 PA 210.
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. Johnson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5020, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending sections 1a and 29 (MCL 445.1651a and 445.1679), section 1a as amended by 2002 PA 391 and section 29 as amended by 1996 PA 210.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 345 Yeas—107
Accavitti DeRoche Knollenberg Pavlov
Acciavatti Dillon Lahti Pearce
Agema Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Emmons LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lemmons Schuitmaker
Bieda Gaffney Lindberg Shaffer
Booher Garfield Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Tobocman
Cheeks Hoogendyk Moolenaar Vagnozzi
Clack Hopgood Moore Valentine
Clemente Horn Moss Walker
Condino Huizenga Nitz Ward
Constan Hune Nofs Warren
Corriveau Jackson Opsommer Wenke
Coulouris Johnson Palmer Wojno
Cushingberry Jones, Rick Palsrok Young
Dean Jones, Robert Pastor
Nays—0
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending sections 1a and 29 (MCL 445.1651a and 445.1679), section 1a as amended by 2008 PA 66 and section 29 as amended by 2008 PA 71.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer 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. 5022, entitled
A bill to amend 1994 PA 160, entitled “Credit services protection act,” by amending section 2 (MCL 445.1822).
The bill was read a second time.
Rep. Robert Jones moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5022, entitled
A bill to amend 1994 PA 160, entitled “Credit services protection act,” by amending section 2 (MCL 445.1822).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 346 Yeas—107
Accavitti DeRoche Knollenberg Pavlov
Acciavatti Dillon Lahti Pearce
Agema Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Emmons LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lemmons Schuitmaker
Bieda Gaffney Lindberg Shaffer
Booher Garfield Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Tobocman
Cheeks Hoogendyk Moolenaar Vagnozzi
Clack Hopgood Moore Valentine
Clemente Horn Moss Walker
Condino Huizenga Nitz Ward
Constan Hune Nofs Warren
Corriveau Jackson Opsommer Wenke
Coulouris Johnson Palmer Wojno
Cushingberry Jones, Rick Palsrok Young
Dean Jones, Robert Pastor
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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. 5023, entitled
A bill to amend 1962 PA 192, entitled “Professional service corporation act,” by amending section 8 (MCL 450.228), as amended by 1998 PA 48.
The bill was read a second time.
Rep. Accavitti moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5023, entitled
A bill to amend 1962 PA 192, entitled “Professional service corporation act,” by amending section 8 (MCL 450.228), as amended by 1998 PA 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. 347 Yeas—106
Accavitti DeRoche Lahti Pavlov
Acciavatti Dillon LaJoy Pearce
Agema Donigan Law, David Polidori
Amos Ebli Law, Kathleen Proos
Angerer Elsenheimer LeBlanc Robertson
Ball Espinoza Leland Rocca
Bauer Farrah Lemmons Sak
Bennett Gaffney Lindberg Schuitmaker
Bieda Garfield Marleau Shaffer
Booher Gonzales Mayes Sheen
Brandenburg Green McDowell Sheltrown
Brown Griffin Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Byrum Hammon Meisner Smith, Virgil
Calley Hansen Melton Spade
Casperson Hildenbrand Meltzer Stahl
Caswell Hood Miller Stakoe
Caul Hoogendyk Moolenaar Tobocman
Cheeks Hopgood Moore Vagnozzi
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
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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. 5024, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21528 and 50510 (MCL 324.21528 and 324.50510), section 21528 as amended by 1996 PA 181 and section 50510 as amended by 2002 PA 387.
The bill was read a second time.
Rep. Sheltrown moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5024, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21528 and 50510 (MCL 324.21528 and 324.50510), section 21528 as amended by 1996 PA 181 and section 50510 as amended by 2002 PA 387.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 348 Yeas—107
Accavitti DeRoche Knollenberg Pavlov
Acciavatti Dillon Lahti Pearce
Agema Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Emmons LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lemmons Schuitmaker
Bieda Gaffney Lindberg Shaffer
Booher Garfield Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Tobocman
Cheeks Hoogendyk Moolenaar Vagnozzi
Clack Hopgood Moore Valentine
Clemente Horn Moss Walker
Condino Huizenga Nitz Ward
Constan Hune Nofs Warren
Corriveau Jackson Opsommer Wenke
Coulouris Johnson Palmer Wojno
Cushingberry Jones, Rick Palsrok Young
Dean Jones, Robert Pastor
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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. 5903, entitled
A bill to require disclosure of certain information in connection with refund anticipation loans; to prescribe certain duties and obligations of the parties to a refund anticipation loan; and to prescribe penalties.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Johnson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5903, entitled
A bill to require disclosure of certain information in connection with refund anticipation loans; to prescribe certain duties and obligations of the parties to a refund anticipation loan; and to prescribe penalties.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 349 Yeas—102
Accavitti DeRoche Knollenberg Pastor
Acciavatti Dillon Lahti Pavlov
Amos Donigan LaJoy Pearce
Angerer Ebli Law, David Polidori
Ball Elsenheimer Law, Kathleen Proos
Bauer Emmons LeBlanc Robertson
Bennett Espinoza Leland Rocca
Bieda Farrah Lemmons Sak
Booher Gaffney Lindberg Schuitmaker
Brandenburg Gonzales Marleau Shaffer
Brown Green Mayes Sheltrown
Byrnes Griffin McDowell Simpson
Byrum Hammel Meadows Smith, Alma
Calley Hammon Meekhof Smith, Virgil
Casperson Hansen Meisner Spade
Caswell Hildenbrand Melton Stakoe
Caul Hood Meltzer Tobocman
Cheeks Hoogendyk Miller Vagnozzi
Clack Hopgood Moolenaar Valentine
Clemente Horn Moore Walker
Condino Huizenga Moss Ward
Constan Hune Nitz Warren
Corriveau Jackson Nofs Wenke
Coulouris Johnson Opsommer Wojno
Cushingberry Jones, Rick Palsrok Young
Dean Jones, Robert
Nays—5
Agema Palmer Sheen Stahl
Garfield
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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. 5574, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 13805, 13807, 13809, 13811, 13813, 13819, 13830, and 13831 (MCL 333.13805, 333.13807, 333.13809, 333.13811, 333.13813, 333.13819, 333.13830, and 333.13831), sections 13805, 13807, 13809, and 13811 as added by 1990 PA 21 and sections 13813, 13819, 13830, and 13831 as added by 1990 PA 18, and by adding section 13816.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Regulatory Reform,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Miller 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. Miller moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5574, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 13805, 13807, 13809, 13811, 13813, 13819, 13830, and 13831 (MCL 333.13805, 333.13807, 333.13809, 333.13811, 333.13813, 333.13819, 333.13830, and 333.13831), sections 13805, 13807, 13809, and 13811 as added by 1990 PA 21 and sections 13813, 13819, 13830, and 13831 as added by 1990 PA 18, and by adding section 13816.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 350 Yeas—56
Accavitti Coulouris Jackson Polidori
Angerer Cushingberry Johnson Sak
Bauer Dean Jones, Robert Sheltrown
Bennett Dillon Law, David Simpson
Bieda Donigan Law, Kathleen Smith, Alma
Brown Ebli LeBlanc Smith, Virgil
Byrnes Espinoza Leland Spade
Byrum Farrah Lemmons Tobocman
Cheeks Gillard Mayes Vagnozzi
Clack Gonzales McDowell Valentine
Clemente Hammel Meadows Warren
Condino Hammon Meisner Wenke
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Nays—52
Acciavatti Gaffney LaJoy Pastor
Agema Garfield Lindberg Pavlov
Amos Green Marleau Pearce
Ball Griffin Meekhof Proos
Booher Hansen Meltzer Robertson
Brandenburg Hildenbrand Moolenaar Rocca
Calley Hoogendyk Moore Schuitmaker
Casperson Horn Moss Shaffer
Caswell Huizenga Nitz Sheen
Caul Hune Nofs Stahl
DeRoche Jones, Rick Opsommer Stakoe
Elsenheimer Knollenberg Palmer Walker
Emmons Lahti Palsrok Ward
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 13815 (MCL 333.13815), as added by 1990 PA 21.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer moved that the bill be given immediate effect.
The question being on the motion made by Rep. Angerer,
Rep. Hildenbrand demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Angerer,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 351 Yeas—58
Accavitti Cushingberry Johnson Sak
Angerer Dean Jones, Robert Sheltrown
Bauer Dillon Law, David Simpson
Bennett Donigan Law, Kathleen Smith, Alma
Bieda Ebli LeBlanc Smith, Virgil
Brown Espinoza Leland Spade
Byrnes Farrah Lemmons Tobocman
Byrum Gillard Mayes Vagnozzi
Cheeks Gonzales McDowell Valentine
Clack Griffin Meadows Ward
Clemente Hammel Meisner Warren
Condino Hammon Melton Wenke
Constan Hood Miller Wojno
Corriveau Hopgood Polidori Young
Coulouris Jackson
Nays—50
Acciavatti Gaffney Lindberg Pastor
Agema Garfield Marleau Pavlov
Amos Green Meekhof Pearce
Ball Hansen Meltzer Proos
Booher Hildenbrand Moolenaar Robertson
Brandenburg Hoogendyk Moore Rocca
Calley Horn Moss Schuitmaker
Casperson Huizenga Nitz Shaffer
Caswell Hune Nofs Sheen
Caul Jones, Rick Opsommer Stahl
DeRoche Knollenberg Palmer Stakoe
Elsenheimer Lahti Palsrok Walker
Emmons LaJoy
In The Chair: Sak
Second Reading of Bills
House Bill No. 5575, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 13805, 13807, 13809, 13810, 13811, 13813, 13815, 13817, 13819, 13821, 13823, 13825, 13827, 13829, 13830, and 13831 (MCL 333.13805, 333.13807, 333.13809, 333.13810, 333.13811, 333.13813, 333.13815, 333.13817, 333.13819, 333.13821, 333.13823, 333.13825, 333.13827, 333.13829, 333.13830, and 333.13831), sections 13805, 13807, 13809, 13810, 13811, and 13815 as added by 1990 PA 21, sections 13813, 13817, 13819, 13823, 13825, 13827, 13829, 13830, and 13831 as added by 1990 PA 18, and section 13821 as amended by 1996 PA 67, and by adding sections 13812, 13820, 13832, and 13833.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Regulatory Reform,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Miller 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. Miller moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5575, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 13805, 13807, 13809, 13810, 13811, 13813, 13815, 13817, 13819, 13821, 13823, 13825, 13827, 13829, 13830, and 13831 (MCL 333.13805, 333.13807, 333.13809, 333.13810, 333.13811, 333.13813, 333.13815, 333.13817, 333.13819, 333.13821, 333.13823, 333.13825, 333.13827, 333.13829, 333.13830, and 333.13831), sections 13805, 13807, 13809, 13810, 13811, and 13815 as added by 1990 PA 21, sections 13813, 13817, 13819, 13823, 13825, 13827, 13829, 13830, and 13831 as added by 1990 PA 18, and section 13821 as amended by 1996 PA 67, and by adding sections 13812, 13820, 13832, and 13833.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 352 Yeas—61
Accavitti Dean Lahti Polidori
Angerer Dillon LaJoy Sak
Bauer Donigan Law, David Sheltrown
Bennett Ebli Law, Kathleen Simpson
Bieda Espinoza LeBlanc Smith, Alma
Brown Farrah Leland Smith, Virgil
Byrnes Gillard Lemmons Spade
Byrum Gonzales Lindberg Tobocman
Cheeks Hammel Marleau Vagnozzi
Clack Hammon Mayes Valentine
Clemente Hood McDowell Ward
Condino Hopgood Meadows Warren
Constan Jackson Meisner Wenke
Corriveau Johnson Melton Wojno
Coulouris Jones, Robert Miller Young
Cushingberry
Nays—47
Acciavatti Emmons Knollenberg Pavlov
Agema Gaffney Meekhof Pearce
Amos Garfield Meltzer Proos
Ball Green Moolenaar Robertson
Booher Griffin Moore Rocca
Brandenburg Hansen Moss Schuitmaker
Calley Hildenbrand Nitz Shaffer
Casperson Hoogendyk Nofs Sheen
Caswell Horn Opsommer Stahl
Caul Huizenga Palmer Stakoe
DeRoche Hune Palsrok Walker
Elsenheimer Jones, Rick Pastor
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 13805, 13807, 13809, 13810, 13811, 13813, 13817, 13819, 13821, 13823, 13825, 13827, 13829, 13830, and 13831 (MCL 333.13805, 333.13807, 333.13809, 333.13810, 333.13811, 333.13813, 333.13817, 333.13819, 333.13821, 333.13823, 333.13825, 333.13827, 333.13829, 333.13830, and 333.13831), sections 13805, 13807, 13809, 13810, and 13811 as added by 1990 PA 21, sections 13813, 13817, 13819, 13823, 13825, 13827, 13829, 13830, and 13831 as added by 1990 PA 18, and section 13821 as amended by 1996 PA 67, and by adding sections 13812, 13820, 13832, and 13833.
The motion prevailed.
The House agreed to the title as amended.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Energy and Technology, by Rep. Accavitti, Chair, reported
Senate Bill No. 108, entitled
A bill to amend 2002 PA 48, entitled “Metropolitan extension telecommunications rights-of-way oversight act,” by amending section 13 (MCL 484.3113).
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. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Miller, Nofs, Palsrok, Garfield, Huizenga, Horn and Opsommer
Nays: None
Second Reading of Bills
Senate Bill No. 108, entitled
A bill to amend 2002 PA 48, entitled “Metropolitan extension telecommunications rights-of-way oversight act,” by amending section 13 (MCL 484.3113).
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. Angerer 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. 108, entitled
A bill to amend 2002 PA 48, entitled “Metropolitan extension telecommunications rights-of-way oversight act,” by amending section 13 (MCL 484.3113).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 353 Yeas—108
Accavitti DeRoche Jones, Robert Pastor
Acciavatti Dillon Knollenberg Pavlov
Agema Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Shaffer
Brandenburg Gillard Marleau Sheen
Brown Gonzales Mayes Sheltrown
Byrnes Green McDowell Simpson
Byrum Griffin Meadows Smith, Alma
Calley Hammel Meekhof Smith, Virgil
Casperson Hammon Meisner Spade
Caswell Hansen Melton Stahl
Caul Hildenbrand Meltzer Stakoe
Cheeks Hood Miller Tobocman
Clack Hoogendyk Moolenaar Vagnozzi
Clemente Hopgood Moore Valentine
Condino Horn Moss Walker
Constan Huizenga Nitz Ward
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok 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 telecommunication rights-of-way oversight authority; to provide for fees; to prescribe the powers and duties of municipalities and certain state agencies and officials; to provide for penalties; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Agema moved that the Committee on Transportation be discharged from further consideration of House Bill No. 5363.
(For first notice see House Journal No. 39, p. 896.)
The question being on the motion made by Rep. Agema,
Rep. Angerer moved that consideration of the motion be postponed for the day.
The motion prevailed.
______
Rep. Angerer moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
Reps. McDowell, Accavitti, Ball, Bieda, Booher, Brown, Byrnes, Caul, Cheeks, Clack, Condino, Constan, Dean, Gillard, Green, Griffin, Hammon, Hansen, Hopgood, Johnson, Rick Jones, Robert Jones, Lahti, Kathleen Law, LeBlanc, Lemmons, Mayes, Meadows, Miller, Nitz, Palmer, Pearce, Polidori, Proos, Rocca, Sak, Shaffer, Sheltrown, Alma Smith, Spade, Tobocman, Vagnozzi, Valentine and Cushingberry offered the following resolution:
House Resolution No. 339.
A resolution congratulating North Central Michigan College on its 50th anniversary.
Whereas, It is with great pleasure that this legislative body joins the entire state of Michigan in congratulating North Central Michigan College on its 50th year anniversary celebration. North Central Michigan College has served the citizens of northern Michigan for half a century by providing access to the latest information and technological resources, professional and knowledgeable faculty and staff, and, above all, quality and affordable educational opportunities for thousands of individuals; and
Whereas, Through the strong leadership of C. S. Buckmaster, Dean Burns, General E. H. Burt, Ed Cadwell, John Clark, Ray Conley, Allen Crosby, Cliff Fairbairn, Edward Fenlon, K. C. Festerling, Enoch Giles, A. J. Hegener, M.D., C. Lester Johnson, E. C. Matthews, George McRae, Mrs. Stanley McRae, F. A. Rousche, Leo Russell, A. D. Shankland, H. C. Spitler, Ward Walstrom, and Katherine Warner, North Central Michigan College was established in 1958 through a special election; and
Whereas, North Central Michigan College has since grown into an independent, multi-campus and comprehensive community college providing superior instruction. Today, North Central Michigan College serves over 2,900 individuals each year interested in improving their lives through knowledge, effort, and excellence in learning; and
Whereas, North Central Michigan College has established itself as a competitive educational institution with an exciting and promising future ahead; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body congratulate North Central Michigan College on its 50th anniversary.
Pending the reference of the resolution to a committee,
Rep. Angerer 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. Donigan, Tobocman, Brown, Young, Leland, Alma Smith, Byrnes, Vagnozzi, Hopgood, Polidori, Gaffney, Meisner, Johnson, Melton, Miller, Constan, Condino, Bauer, Cushingberry, Mayes, Bieda, Clack, Clemente, Dean, Gillard, Hammon, Robert Jones, Lahti, Kathleen Law, Lemmons, McDowell, Meadows, Pearce, Sak, Sheltrown and Valentine offered the following resolution:
House Resolution No. 340.
A resolution to memorialize Congress to increase the funding emphasis on bus-oriented transit in the 2009 reauthorization of the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU).
Whereas, Federal support for bus transit programs, including bus rapid transit, is important as a means to wean ourselves from dependence on foreign oil, reduce congestion, and improve mobility of the elderly and disabled. A recent federal study concluded that $20.6 billion per year is needed for real improvements to the transit system in the United States; and
Whereas, The current 2005 SAFETEA-LU authorization guarantees $234 billion over 6 years (Fiscal Years 04-09) for highway and safety projects and $52.6 billion for transit projects. Only 20% of SAFETEA-LU funding, less than $10 billion per year, goes to transit projects; and
Whereas, Bus transit has been severely neglected and under funded. The emphasis in the SAFETEA-LU transit funding has been on rail transportation projects. 40% of the transit formula funding has been for rail modernization, 40% for the New Starts program, and only 20% for buses and bus facilities. The New Starts program has funded mostly fixed guideway light rail and high-speed rail projects. The funding formula should be changed so bus transit programs and projects are not disadvantaged; and
Whereas, Michigan is known as a donor state for federal transportation dollars since a greater share of our taxes go to Washington than are returned in transportation funding. Michigan’s tax rate of return averages about 92%. Michigan’s rate of return on tax dollars is only between about 50 and 60% for federal transit dollars. Michigan bus transit programs have been shortchanged in comparison to other states; now, therefore, be it
Resolved by the House of Representatives, That we memorialize Congress to increase the funding emphasis on bus-oriented transit in the 2009 reauthorization of SAFETEA-LU; 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 Transportation.
Reps. Miller, Clack, Condino, Constan, Dean, Gillard, Hammon, Johnson, Robert Jones, Kathleen Law, Lemmons, McDowell, Meadows, Polidori, Alma Smith, Tobocman, Vagnozzi and Cushingberry offered the following resolution:
House Resolution No. 341.
A resolution to urge President George W. Bush not to attend the opening ceremonies at the 2008 Summer Olympics in Beijing.
Whereas, The President of the United States, as the leader of the most powerful democracy, stands as the leader of Western democracies. This was true in World War II and during the Cold War, and remains true today. What the President of the United States does and says has influence around the globe. Attending the opening ceremonies of the 2008 Summer Olympics in Beijing in light of Chinese internal repression and support for outlaw regimes abroad would give undeserved approval to the People’s Republic of China; and
Whereas, The People’s Republic of China has made their hosting of the 2008 Summer Olympics in Beijing, China, a celebration of China’s rise to great power status after a generation of economic progress under a liberalized economy. Yet this dramatic economic progress that has enriched the well-being of many Chinese takes place under the one-party rule that China has experienced for nearly 60 years; and
Whereas, Once we had hope that economic progress in China would support political liberalization in Beijing and promote liberty and democracy in the world’s most populous nation. The massacre at Tiananmen Square in 1989 of democracy demonstrators by the Chinese security forces demonstrated all too clearly that the Chinese Communist Party would not accept democracy as a price of economic progress. China continues to violate human rights within its borders, with ethnic minorities and people of faith denied the right to simply state they are unhappy with their lives and rights under the Chinese government; and
Whereas, China’s record of dubious behavior extends to its international relations as well. China’s support for rogue states that oppress their people is too extensive to be sheer coincidence. China’s choice of friends reflects China’s opposition to democracy and freedom. Chinese support for the Sudanese government’s campaign in Darfur of ethnic cleansing, if not actual genocide, is but the most appalling decision by the Chinese government. The rulers in Beijing have also been key supporters propping up the governments of countries with extensive human rights violations, such as Burma, North Korea, and Zimbabwe; and
Whereas, The Chinese people may be justifiably proud of how quickly China has claimed a place on the world stage through hard work that has transformed a backward agrarian state into a major industrial exporter. Yet the celebration in Beijing this summer is not one that elevates the Chinese people. The 2008 Summer Olympics will be used by the rulers in Beijing to bolster the monopoly of power those rulers maintain. The approval of the world will allow the Chinese government to continue policies that violate standards of human rights at home and abroad. No leader of the Western world should appear to validate that kind of celebration; now, therefore, be it
Resolved by the House of Representatives, That we urge President George W. Bush not to attend the opening ceremonies at the 2008 Summer Olympics in Beijing; and be it further
Resolved, That a copy of this resolution be transmitted to the President of the United States of America.
The resolution was referred to the Committee on Government Operations.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, April 30:
House Bill No. 6023
Senate Bill Nos. 1277 1278 1279 1280 1281
The Clerk announced that the following Senate bills had been received on Wednesday, April 30:
Senate Bill Nos. 72 1256
Reports of Standing Committees
The Committee on Energy and Technology, by Rep. Accavitti, Chair, reported
House Bill No. 4950, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 3 (MCL 125.2683), as amended by 2006 PA 304.
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. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Miller, Nofs, Huizenga, Horn and Opsommer
Nays: None
The Committee on Energy and Technology, by Rep. Accavitti, Chair, reported
House Resolution No. 335.
A resolution proclaiming May 2008 as Michigan Safe Digging Month.
(For text of resolution, see House Journal No. 38, p. 869.)
With the recommendation that the resolution be adopted.
The resolution was laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Miller, Nofs, Palsrok, Garfield, Huizenga, Horn and Opsommer
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Accavitti, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Wednesday, April 30, 2008
Present: Reps. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Miller, Nofs, Palsrok, Garfield, Huizenga, Horn and Opsommer
Absent: Reps. Melton and Moolenaar
Excused: Reps. Melton and Moolenaar
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 4973, entitled
A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278.
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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Virgil Smith, Warren, Schuitmaker and David Law
Nays: None
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 5314, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4805 (MCL 600.4805), as amended by 2003 PA 178.
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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Warren, Schuitmaker, Elsenheimer, Rick Jones and Rocca
Nays: None
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 6015, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 10, 11, and 12 of chapter IX (MCL 769.10, 769.11, and 769.12), as amended by 2006 PA 655.
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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Virgil Smith, Warren, Schuitmaker, David Law and Rick Jones
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Condino, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, April 30, 2008
Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Rick Jones and Rocca
Absent: Reps. Scott and Stakoe
The Committee on Families and Children’s Services, by Rep. Clack, Chair, reported
House Bill No. 5910, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7j (MCL 722.627j), as amended by 2004 PA 563.
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. Clack, Dean, Accavitti, Hammon and Wojno
Nays: Reps. Sheen, Stahl and Hoogendyk
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Clack, Chair, of the Committee on Families and Children’s Services, was received and read:
Meeting held on: Wednesday, April 30, 2008
Present: Reps. Clack, Dean, Accavitti, Hammon, Wojno, Sheen, Stahl and Hoogendyk
Absent: Rep. Palmer
Excused: Rep. Palmer
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Polidori, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:
Meeting held on: Wednesday, April 30, 2008
Present: Reps. Polidori, Brown, Dean, Lemmons, Emmons, Garfield and Horn
Absent: Reps. Sheltrown and Pastor
Excused: Reps. Sheltrown and Pastor
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:
Meeting held on: Wednesday, April 30, 2008
Present: Reps. Warren, Donigan, Ebli, Griffin, Kathleen Law, Miller, Valentine, Robertson, Palmer, Emmons, Moolenaar, Walker and Meekhof
Absent: Reps. Leland and Meadows
Excused: Reps. Leland and Meadows
Messages from the Senate
House Bill No. 5798, entitled
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.10cc) by adding section 6r.
The Senate has amended the bill as follows:
1. Amend page 11, line 8, after “(16)” by striking out the balance of the subsection and inserting “THE COMMISSION SHALL FILE A REPORT WITH THE GOVERNOR AND LEGISLATURE 5 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION, AND EVERY 5 YEARS THEREAFTER, THAT SHALL INCLUDE RECOMMENDATIONS FOR ANY NEEDED LEGISLATION REGARDING THIS SECTION.”.
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 72, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811e (MCL 257.811e), as amended by 2006 PA 562, and by adding section 811r.
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. 1256, entitled
A bill to amend 2006 PA 152, entitled “An act to allow the requiring of a permit before demonstrating outside of locations in which a funeral service is being held; to allow local units of government to prohibit certain conduct at or near the locations in which a funeral service is being held; to prescribe the powers and duties of certain local governments and officials; and to provide for penalties,” by amending section 3 (MCL 123.1113).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4613.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4651.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4652.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4653.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4654.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4655.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4656.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4660.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 5664.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of Senate Bill No. 1049.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of Senate Bill No. 1059.
Rep. Tobocman
Messages from the Governor
Date: April 24, 2008
Time: 8:10 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5531 (Public Act No. 112, I.E.), being
An act to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 11, 11j, 22a, 22b, 22d, 51a, 51c, 56, 62, and 104 (MCL 388.1611, 388.1611j, 388.1622a, 388.1622b, 388.1622d, 388.1651a, 388.1651c, 388.1656, 388.1662, and 388.1704), as amended by 2007 PA 137, and by adding sections 32e, 54c, 99n, and 99p.
(Filed with the Secretary of State April 29, 2008, at 2:28 p.m.)
Date: April 29, 2008
Time: 12:10 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5463 (Public Act No. 114, I.E.), being
An act to amend 2007 PA 36, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” by amending section 410 (MCL 208.1410).
(Filed with the Secretary of State April 29, 2008, at 2:32 p.m.)
Date: April 29, 2008
Time: 12:14 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5600 (Public Act No. 116, I.E.), being
An act to amend 1996 PA 376, entitled “An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,” by amending sections 4 and 8a (MCL 125.2684 and 125.2688a), section 4 as amended by 2006 PA 440 and section 8a as amended by 2006 PA 476.
(Filed with the Secretary of State April 29, 2008, at 2:36 p.m.)
Date: April 29, 2008
Time: 12:18 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5459 (Public Act No. 118, I.E.), being
An act to amend 2005 PA 210, entitled “An act to provide for the establishment of commercial rehabilitation districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain qualified facilities; 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 certain local governmental officials; and to provide penalties,” by amending section 2 (MCL 207.842), as amended by 2008 PA 3.
(Filed with the Secretary of State April 29, 2008, at 2:40 p.m.)
Date: April 29, 2008
Time: 12:20 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5607 (Public Act No. 119, I.E.), being
An act to amend 1994 PA 451, entitled “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,” (MCL 324.101 to 324.90106) by adding section 80114a.
(Filed with the Secretary of State April 29, 2008, at 2:42 p.m.)
Communications from State Officers
The following communication from the Office of the State Budget was received and read:
April 25, 2008
Transmitted under this cover is a schedule entitled “Statement of Revenue Subject to Constitutional Limitation - Legal Basis.” The statement is submitted pursuant to Sections 18.1350(a) through 18.1350(e) of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 26 of the Michigan Constitution for the fiscal year 2007.
The statement has been reviewed by the Office of the Auditor General and a copy of the independent accountant’s review is enclosed.
If you have questions regarding this report, please contact Mr. Michael J. Moody, Director, Office of Financial Management, at 373-1010.
Sincerely,
Robert L. Emerson
State Budget Director
The communication was referred to the Clerk.
Introduction of Bills
Rep. Corriveau introduced
House Bill No. 6024, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 10, 11, and 12 of chapter IX (MCL 769.10, 769.11, and 769.12), as amended by 2006 PA 655.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Rick Jones and Mayes introduced
House Bill No. 6025, entitled
A bill to establish the united way fund in the department of treasury; 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 first time by its title and referred to the Committee on Tax Policy.
Reps. Mayes and Rick Jones introduced
House Bill No. 6026, 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 first time by its title and referred to the Committee on Tax Policy.
Reps. Moolenaar, Stahl, Sheen, Walker, Agema, Emmons, Pearce, Casperson and Sheltrown introduced
House Bill No. 6027, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1292.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Meltzer, Meisner, Proos, Warren, Robert Jones, Simpson, Knollenberg and Stahl introduced
House Bill No. 6028, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 254.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Simpson and Byrum introduced
House Bill No. 6029, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 77.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. David Law introduced
House Bill No. 6030, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2008 PA 96.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
______
Rep. LaJoy moved that the House adjourn.
The motion prevailed, the time being 4:30 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, May 1, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives
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