No. 48

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Tuesday, May 20, 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—excused

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—excused Marleau—present Shaffer—present

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

Brandenburg—present Gonzales—excused 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—excused 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—excused 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. Dave Hildenbrand, from the 86th District, offered the following invocation:

“Dear Father in Heaven:

We pause before You today to ask for Your guidance and direction as we do Your will in this historic chamber. Where there are differences, we ask for compromise. And where there is tension, we ask for peace.

Amidst the hustle and pressures of the day, we pause also to thank You for the countless blessings in our everyday lives. Continue to watch over us and guide us as we do Your work for this great state.

In Your name we pray. AMEN.”

______

Rep. Booher moved that Reps. Casperson, Garfield, Huizenga and Pearce be excused from today’s session.

The motion prevailed.

Rep. Tobocman moved that Rep. Gonzales be excused from today’s session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 268.

A resolution to memorialize the United States Congress to enact legislation to reform the No Child Left Behind Act.

(For text of resolution, see House Journal No. 11, p. 133.)

(The resolution was reported by the Committee on Education on April 29, consideration of which, under the rules, was postponed until April 30.)

Rep. Moolenaar moved to substitute (H-2) the resolution as follows:

Substitute for House Resolution No. 268.

A resolution of support for the right of Michigan parents to educate their children at home and oppose efforts to erode this right.

Whereas, The modern homeschool movement in the United States demonstrates that homeschooled children are a vital component of the American education system; and

Whereas, Homeschooling families contribute significantly to the cultural diversity important to a healthy society; and

Whereas, Private homeschooling has a long and rich history in the state of Michigan and is currently estimated as involving approximately 100,000 pupils in the state and 2,000,000 pupils nationwide; and

Whereas, Homeschool graduates occupy responsible positions as students in colleges and universities, in the workplace, as parents, and as citizens in society at large; and

Whereas, Many studies confirm that children who are educated at home score considerably above the national average on nationally normed achievement tests and above the average on both the SAT and ACT college entrance exams; and

Whereas, Homeschooled children are receiving national recognition for their victories in national competitions, national spelling and geography bees, and are highly sought after by nationally recognized colleges and universities; and

Whereas, Article VIII of the 1963 State Constitution asserts that the state has an affirmative responsibility to educate children for the common good. It does not restrict the rights of parents and guardians to choose how their children will be educated, or to choose among public, private, or homeschool options; and

Whereas, Section 1561 of “The Revised School Code” (MCL 380.1561) provides the right for a child to be “educated at the child’s home by his or her parent or legal guardian in an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing, and English grammar”; and

Whereas, The United States Supreme Court has ruled that parents have a fundamental and constitutional right to direct the upbringing and education of their children (Pierce v. Society of Sisters, 268 U.S. 510 (1925), Meyer v. Nebraska, 262 U.S. 390 (1923), and Wisconsin v. Yoder, 406 U.S. 205 (1972)); and

Whereas, The fair opportunity of Michigan families to educate their children should not be undermined, and no government action should interfere with parents’ fundamental and constitutional right to direct the upbringing and education on their own children; and

Whereas, Recent legislation has been introduced in California and certain other states, which would erode these rights and opportunities by imposing requirements such as the registration of homeschooled students, certification of parents, and mandatory testing; now, therefore, be it

Resolved by the House of Representatives, That we support the right of Michigan parents to educate their children at home, and oppose any government action which would burden, abridge, hinder or undermine this natural, fundamental and constitutional right; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, the State Superintendent of Public Instruction, and members of the State Board of Education.

The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members present not voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

______

Rep. Dean moved that Rep. Cushingberry be excused temporarily from today’s session.

The motion prevailed.

Third Reading of Bills

House Bill No. 5780, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 11 (MCL 125.2011), as amended by 1987 PA 278.

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

Roll Call No. 406 Yeas—61

Accavitti Dillon Jones, Robert Polidori

Angerer Donigan Lahti Rocca

Bauer Ebli Law, Kathleen Sak

Bennett Espinoza LeBlanc Scott

Bieda Farrah Leland Sheltrown

Brown Gaffney Lemmons Simpson

Byrnes Gillard Lindberg Smith, Alma

Byrum Griffin Mayes Smith, Virgil

Cheeks Hammel McDowell Spade

Clack Hammon Meadows Tobocman

Clemente Hood Meisner Vagnozzi

Condino Hopgood Melton Valentine

Constan Horn Meltzer Warren

Corriveau Jackson Miller Wojno

Coulouris Johnson Moore Young

Dean

Nays—43

Acciavatti Emmons Meekhof Robertson

Agema Green Moolenaar Schuitmaker

Amos Hansen Moss Shaffer

Ball Hildenbrand Nitz Sheen

Booher Hoogendyk Nofs Stahl

Brandenburg Hune Opsommer Stakoe

Calley Jones, Rick Palmer Steil

Caswell Knollenberg Palsrok Walker

Caul LaJoy Pastor Ward

DeRoche Law, David Pavlov Wenke

Elsenheimer Marleau Proos

In The Chair: Sak

The House agreed to the title of the bill.

______

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:

This bill and the rest of this package will force even more businesses across the border. It is a job killer.”

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:

This bill does not make provision for businesses in border counties.”

Rep. Robertson, 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 have voted NO on HB 5780 and all associated bills in this package. These bills are purely political in nature and will accomplish nothing toward the goal of employing more Michigan residents. The passage of these bills will harm the economic climate of Michigan generally, and specifically commerce and job creation in areas of Michigan bordering other states. During floor action the majority party in this House routinely used procedural moves to squash amendments and democratic debate on this legislation. As the proud son of legal immigrants to this country I support legal immigration and greatly value the contribution of immigrants in American history. Throughout this session the House majority have thwarted every attempt to legitimately address issues regarding illegal immigration and its costs to Michigan taxpayers. They have continuously, in undemocratic fashion, used every procedural device to support the misuse of tax dollars on behalf of illegal immigrants squash our reform efforts. My efforts to protect tuition dollars from being used by illegals have been continuously thwarted. This legislation is a cynical, yet transparent attempt by the Democratic majority to provide political cover for themselves on the issue of illegal immigrants in Michigan. I am confident Michigan residents will see through the camouflage.”

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:

No Vote on Hire MI HBs 5780-5791

I am addressing all theses bills as a package, my comments relate specifically to some bills and generally to others. These bills are a direct affront to MI job providers to hire whom ever they choose. These bills are designed to support union workers to the detriment of non-union. It even makes provision for union employers not to be penalized for hiring non-state residents who are union members, while non-union employers use of non-state residents will be penalized. These bills will deny credits, deductions, as well as other benefits to one job provider based on who they hire and whether or not they pay prevailing wages. Government should be picking winners and losers. It has no business deciding between one industry and another industry, as well as between union and non-union employers.

Prevailing wage in both its definition and its results drive up the cost of doing business in Michigan. The cost to build and maintain every school, every government facility and project is driven up dramatically, because of the requirement to pay prevailing wages, which means union wage. These bills are purely political and bad policy, they purport to provide jobs for MI citizens, but they pick and choose as to which MI citizen will be able to benefit and take advantage of them. It is always bad legislation to spend more tax dollars than is necessary and pick which job providers and citizens are worthy and which are not.”

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

The question being on the motion made by Rep. Angerer,

Rep. Schuitmaker 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. 407 Yeas—60

Accavitti Dean Jones, Robert Polidori

Angerer Dillon Lahti Rocca

Bauer Donigan Law, Kathleen Sak

Bennett Ebli LeBlanc Scott

Bieda Espinoza Leland Sheltrown

Brown Farrah Lemmons Simpson

Byrnes Gaffney Lindberg Smith, Alma

Byrum Gillard Mayes Smith, Virgil

Cheeks Griffin McDowell Spade

Clack Hammel Meadows Tobocman

Clemente Hammon Meisner Vagnozzi

Condino Hood Melton Valentine

Constan Hopgood Meltzer Warren

Corriveau Jackson Miller Wojno

Coulouris Johnson Moore Young

Nays—44

Acciavatti Emmons Marleau Proos

Agema Green Meekhof Robertson

Amos Hansen Moolenaar Schuitmaker

Ball Hildenbrand Moss Shaffer

Booher Hoogendyk Nitz Sheen

Brandenburg Horn Nofs Stahl

Calley Hune Opsommer Stakoe

Caswell Jones, Rick Palmer Steil

Caul Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Law, David Pavlov Wenke

In The Chair: Sak

House Bill No. 5781, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 15 (MCL 125.2665), as amended by 2007 PA 201

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

Roll Call No. 408 Yeas—68

Accavitti Cushingberry Johnson Moore

Angerer Dean Jones, Robert Polidori

Ball Dillon Lahti Proos

Bauer Donigan LaJoy Rocca

Bennett Ebli Law, David Sak

Bieda Emmons Law, Kathleen Scott

Brown Espinoza LeBlanc Sheltrown

Byrnes Farrah Leland Simpson

Byrum Gaffney Lemmons Smith, Alma

Calley Gillard Lindberg Smith, Virgil

Cheeks Griffin Mayes Spade

Clack Hammel McDowell Tobocman

Clemente Hammon Meadows Vagnozzi

Condino Hood Meisner Valentine

Constan Hopgood Melton Warren

Corriveau Horn Meltzer Wojno

Coulouris Jackson Miller Young

Nays—37

Acciavatti Hansen Moss Schuitmaker

Agema Hildenbrand Nitz Shaffer

Amos Hoogendyk Nofs Sheen

Booher Hune Opsommer Stahl

Brandenburg Jones, Rick Palmer Stakoe

Caswell Knollenberg Palsrok Steil

Caul Marleau Pastor Walker

DeRoche Meekhof Pavlov Ward

Elsenheimer Moolenaar Robertson Wenke

Green

In The Chair: Sak

The House agreed to the title of the bill.

______

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:

This bill can be better and I will wait for it to come back from the Senate.”

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:

No Vote on Hire MI HBs 5780-5791

I am addressing all theses bills as a package, my comments relate specifically to some bills and generally to others. These bills are a direct affront to MI job providers to hire whom ever they choose. These bills are designed to support union workers to the detriment of non-union. It even makes provision for union employers not to be penalized for hiring non-state residents who are union members, while non-union employers use of non-state residents will be penalized. These bills will deny credits, deductions, as well as other benefits to one job provider based on who they hire and whether or not they pay prevailing wages. Government should be picking winners and losers. It has no business deciding between one industry and another industry, as well as between union and non-union employers.

Prevailing wage in both its definition and its results drive up the cost of doing business in Michigan. The cost to build and maintain every school, every government facility and project is driven up dramatically, because of the requirement to pay prevailing wages, which means union wage. These bills are purely political and bad policy, they purport to provide jobs for MI citizens, but they pick and choose as to which MI citizen will be able to benefit and take advantage of them. It is always bad legislation to spend more tax dollars than is necessary and pick which job providers and citizens are worthy and which are not.”

House Bill No. 5782, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 241a (MCL 18.1241a), as added by 1988 PA 504.

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

Roll Call No. 409 Yeas—62

Accavitti Dean Jones, Robert Polidori

Angerer Dillon Lahti Rocca

Bauer Donigan Law, Kathleen Sak

Bennett Ebli LeBlanc Scott

Bieda Espinoza Leland Sheltrown

Brown Farrah Lemmons Simpson

Byrnes Gaffney Lindberg Smith, Alma

Byrum Gillard Mayes Smith, Virgil

Cheeks Griffin McDowell Spade

Clack Hammel Meadows Tobocman

Clemente Hammon Meisner Vagnozzi

Condino Hood Melton Valentine

Constan Hopgood Meltzer Warren

Corriveau Horn Miller Wojno

Coulouris Jackson Moore Young

Cushingberry Johnson

Nays—43

Acciavatti Emmons Meekhof Robertson

Agema Green Moolenaar Schuitmaker

Amos Hansen Moss Shaffer

Ball Hildenbrand Nitz Sheen

Booher Hoogendyk Nofs Stahl

Brandenburg Hune Opsommer Stakoe

Calley Jones, Rick Palmer Steil

Caswell Knollenberg Palsrok Walker

Caul LaJoy Pastor Ward

DeRoche Law, David Pavlov Wenke

Elsenheimer Marleau Proos

In The Chair: Sak

The House agreed to the title of the bill.

______

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:

This bill will seriously hurt business in the border counties. My amendment to exempt border counties was not even debated. What does the majority fear?”

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:

No Vote on Hire MI HBs 5780-5791

I am addressing all theses bills as a package, my comments relate specifically to some bills and generally to others. These bills are a direct affront to MI job providers to hire whom ever they choose. These bills are designed to support union workers to the detriment of non-union. It even makes provision for union employers not to be penalized for hiring non-state residents who are union members, while non-union employers use of non-state residents will be penalized. These bills will deny credits, deductions, as well as other benefits to one job provider based on who they hire and whether or not they pay prevailing wages. Government should be picking winners and losers. It has no business deciding between one industry and another industry, as well as between union and non-union employers.

Prevailing wage in both its definition and its results drive up the cost of doing business in Michigan. The cost to build and maintain every school, every government facility and project is driven up dramatically, because of the requirement to pay prevailing wages, which means union wage. These bills are purely political and bad policy, they purport to provide jobs for MI citizens, but they pick and choose as to which MI citizen will be able to benefit and take advantage of them. It is always bad legislation to spend more tax dollars than is necessary and pick which job providers and citizens are worthy and which are not.”

House Bill No. 5783, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 264 (MCL 18.1264), as added by 1988 PA 504, and by adding section 264a.

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

Roll Call No. 410 Yeas—64

Accavitti Coulouris Jackson Moore

Amos Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Rocca

Bauer Dillon Lahti Sak

Bennett Donigan Law, Kathleen Scott

Bieda Ebli LeBlanc Sheltrown

Brown Emmons Leland Simpson

Byrnes Espinoza Lemmons Smith, Alma

Byrum Farrah Lindberg Smith, Virgil

Calley Gaffney Mayes Spade

Cheeks Gillard McDowell Tobocman

Clack Griffin Meadows Vagnozzi

Clemente Hammel Meisner Valentine

Condino Hammon Melton Warren

Constan Hood Meltzer Wojno

Corriveau Hopgood Miller Young

Nays—41

Acciavatti Hildenbrand Moolenaar Robertson

Agema Hoogendyk Moss Schuitmaker

Ball Horn Nitz Shaffer

Booher Hune Nofs Sheen

Brandenburg Jones, Rick Opsommer Stahl

Caswell Knollenberg Palmer Stakoe

Caul LaJoy Palsrok Steil

DeRoche Law, David Pastor Walker

Elsenheimer Marleau Pavlov Ward

Green Meekhof Proos Wenke

Hansen

In The Chair: Sak

The House agreed to the title of the bill.

______

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:

No Vote on Hire MI HBs 5780-5791

I am addressing all theses bills as a package, my comments relate specifically to some bills and generally to others. These bills are a direct affront to MI job providers to hire whom ever they choose. These bills are designed to support union workers to the detriment of non-union. It even makes provision for union employers not to be penalized for hiring non-state residents who are union members, while non-union employers use of non-state residents will be penalized. These bills will deny credits, deductions, as well as other benefits to one job provider based on who they hire and whether or not they pay prevailing wages. Government should be picking winners and losers. It has no business deciding between one industry and another industry, as well as between union and non-union employers.

Prevailing wage in both its definition and its results drive up the cost of doing business in Michigan. The cost to build and maintain every school, every government facility and project is driven up dramatically, because of the requirement to pay prevailing wages, which means union wage. These bills are purely political and bad policy, they purport to provide jobs for MI citizens, but they pick and choose as to which MI citizen will be able to benefit and take advantage of them. It is always bad legislation to spend more tax dollars than is necessary and pick which job providers and citizens are worthy and which are not.”

House Bill No. 5784, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 241c.

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

Roll Call No. 411 Yeas—71

Accavitti Cushingberry Johnson Nofs

Angerer Dean Jones, Robert Polidori

Ball Dillon Lahti Proos

Bauer Donigan LaJoy Rocca

Bennett Ebli Law, David Sak

Bieda Emmons Law, Kathleen Scott

Brown Espinoza LeBlanc Sheltrown

Byrnes Farrah Leland Simpson

Byrum Gaffney Lemmons Smith, Alma

Calley Gillard Lindberg Smith, Virgil

Caul Griffin Mayes Spade

Cheeks Hammel McDowell Tobocman

Clack Hammon Meadows Vagnozzi

Clemente Hansen Meisner Valentine

Condino Hood Melton Warren

Constan Hopgood Meltzer Wojno

Corriveau Horn Miller Young

Coulouris Jackson Moore

Nays—34

Acciavatti Hildenbrand Nitz Shaffer

Agema Hoogendyk Opsommer Sheen

Amos Hune Palmer Stahl

Booher Jones, Rick Palsrok Stakoe

Brandenburg Knollenberg Pastor Steil

Caswell Marleau Pavlov Walker

DeRoche Meekhof Robertson Ward

Elsenheimer Moolenaar Schuitmaker Wenke

Green Moss

In The Chair: Sak

The House agreed to the title of the bill.

______

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:

No Vote on Hire MI HBs 5780-5791

I am addressing all theses bills as a package, my comments relate specifically to some bills and generally to others. These bills are a direct affront to MI job providers to hire whom ever they choose. These bills are designed to support union workers to the detriment of non-union. It even makes provision for union employers not to be penalized for hiring non-state residents who are union members, while non-union employers use of non-state residents will be penalized. These bills will deny credits, deductions, as well as other benefits to one job provider based on who they hire and whether or not they pay prevailing wages. Government should be picking winners and losers. It has no business deciding between one industry and another industry, as well as between union and non-union employers.

Prevailing wage in both its definition and its results drive up the cost of doing business in Michigan. The cost to build and maintain every school, every government facility and project is driven up dramatically, because of the requirement to pay prevailing wages, which means union wage. These bills are purely political and bad policy, they purport to provide jobs for MI citizens, but they pick and choose as to which MI citizen will be able to benefit and take advantage of them. It is always bad legislation to spend more tax dollars than is necessary and pick which job providers and citizens are worthy and which are not.”

House Bill No. 5785, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 15 and 16 (MCL 125.2695 and 125.2696) and by adding sections 8g and 8h.

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

Roll Call No. 412 Yeas—69

Accavitti Cushingberry Johnson Moore

Angerer Dean Jones, Robert Nofs

Ball Dillon Lahti Polidori

Bauer Donigan LaJoy Rocca

Bennett Ebli Law, David Sak

Bieda Emmons Law, Kathleen Scott

Brown Espinoza LeBlanc Sheltrown

Byrnes Farrah Leland Simpson

Byrum Gaffney Lemmons Smith, Alma

Calley Gillard Lindberg Smith, Virgil

Caswell Griffin Mayes Spade

Cheeks Hammel McDowell Tobocman

Clack Hammon Meadows Vagnozzi

Clemente Hood Meisner Valentine

Condino Hopgood Melton Warren

Constan Horn Meltzer Wojno

Corriveau Jackson Miller Young

Coulouris

Nays—36

Acciavatti Hansen Moss Schuitmaker

Agema Hildenbrand Nitz Shaffer

Amos Hoogendyk Opsommer Sheen

Booher Hune Palmer Stahl

Brandenburg Jones, Rick Palsrok Stakoe

Caul Knollenberg Pastor Steil

DeRoche Marleau Pavlov Walker

Elsenheimer Meekhof Proos Ward

Green Moolenaar Robertson Wenke

In The Chair: Sak

The House agreed to the title of the bill.

______

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:

No Vote on Hire MI HBs 5780-5791

I am addressing all theses bills as a package, my comments relate specifically to some bills and generally to others. These bills are a direct affront to MI job providers to hire whom ever they choose. These bills are designed to support union workers to the detriment of non-union. It even makes provision for union employers not to be penalized for hiring non-state residents who are union members, while non-union employers use of non-state residents will be penalized. These bills will deny credits, deductions, as well as other benefits to one job provider based on who they hire and whether or not they pay prevailing wages. Government should be picking winners and losers. It has no business deciding between one industry and another industry, as well as between union and non-union employers.

Prevailing wage in both its definition and its results drive up the cost of doing business in Michigan. The cost to build and maintain every school, every government facility and project is driven up dramatically, because of the requirement to pay prevailing wages, which means union wage. These bills are purely political and bad policy, they purport to provide jobs for MI citizens, but they pick and choose as to which MI citizen will be able to benefit and take advantage of them. It is always bad legislation to spend more tax dollars than is necessary and pick which job providers and citizens are worthy and which are not.”

______

Rep. Meekhof moved that Rep. Wenke be excused temporarily from today’s session.

The motion prevailed.

House Bill No. 5786, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending sections 8 and 10 (MCL 207.808 and 207.810), section 8 as amended by 2007 PA 62 and section 10 as amended by 2006 PA 283.

The bill was read a third time.

The question being on the passage of the bill,

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

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

The question being on the passage of the bill,

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

Roll Call No. 413 Yeas—70

Accavitti Cushingberry Johnson Moore

Angerer Dean Jones, Robert Nofs

Ball Dillon Lahti Polidori

Bauer Donigan LaJoy Rocca

Bennett Ebli Law, David Sak

Bieda Emmons Law, Kathleen Scott

Brown Espinoza LeBlanc Sheltrown

Byrnes Farrah Leland Simpson

Byrum Gaffney Lemmons Smith, Alma

Calley Gillard Lindberg Smith, Virgil

Caswell Griffin Mayes Spade

Cheeks Hammel McDowell Tobocman

Clack Hammon Meadows Vagnozzi

Clemente Hansen Meisner Valentine

Condino Hood Melton Warren

Constan Hopgood Meltzer Wojno

Corriveau Horn Miller Young

Coulouris Jackson

Nays—34

Acciavatti Hildenbrand Nitz Schuitmaker

Agema Hoogendyk Opsommer Shaffer

Amos Hune Palmer Sheen

Booher Jones, Rick Palsrok Stahl

Brandenburg Knollenberg Pastor Stakoe

Caul Marleau Pavlov Steil

DeRoche Meekhof Proos Walker

Elsenheimer Moolenaar Robertson Ward

Green Moss

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 1995 PA 24, entitled “Michigan economic growth authority act,” by amending sections 8 and 10 (MCL 207.808 and 207.810), section 8 as amended by 2008 PA 110 and section 10 as amended by 2006 PA 283.

The motion prevailed.

The House agreed to the title as amended.

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:

No Vote on Hire MI HBs 5780-5791

I am addressing all theses bills as a package, my comments relate specifically to some bills and generally to others. These bills are a direct affront to MI job providers to hire whom ever they choose. These bills are designed to support union workers to the detriment of non-union. It even makes provision for union employers not to be penalized for hiring non-state residents who are union members, while non-union employers use of non-state residents will be penalized. These bills will deny credits, deductions, as well as other benefits to one job provider based on who they hire and whether or not they pay prevailing wages. Government should be picking winners and losers. It has no business deciding between one industry and another industry, as well as between union and non-union employers.

Prevailing wage in both its definition and its results drive up the cost of doing business in Michigan. The cost to build and maintain every school, every government facility and project is driven up dramatically, because of the requirement to pay prevailing wages, which means union wage. These bills are purely political and bad policy, they purport to provide jobs for MI citizens, but they pick and choose as to which MI citizen will be able to benefit and take advantage of them. It is always bad legislation to spend more tax dollars than is necessary and pick which job providers and citizens are worthy and which are not.”

House Bill No. 5787, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2007 PA 216.

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

Roll Call No. 414 Yeas—72

Accavitti Coulouris Jackson Moore

Agema Cushingberry Johnson Nofs

Angerer Dean Jones, Robert Opsommer

Ball DeRoche Lahti Polidori

Bauer Dillon LaJoy Rocca

Bennett Donigan Law, David Sak

Bieda Ebli Law, Kathleen Scott

Brown Espinoza LeBlanc Sheltrown

Byrnes Farrah Leland Simpson

Byrum Gaffney Lemmons Smith, Alma

Calley Gillard Lindberg Smith, Virgil

Caswell Griffin Mayes Spade

Cheeks Hammel McDowell Tobocman

Clack Hammon Meadows Vagnozzi

Clemente Hansen Meisner Valentine

Condino Hood Melton Warren

Constan Hopgood Meltzer Wojno

Corriveau Horn Miller Young

Nays—33

Acciavatti Hoogendyk Nitz Shaffer

Amos Hune Palmer Sheen

Booher Jones, Rick Palsrok Stahl

Brandenburg Knollenberg Pastor Stakoe

Caul Marleau Pavlov Steil

Elsenheimer Meekhof Proos Walker

Emmons Moolenaar Robertson Ward

Green Moss Schuitmaker Wenke

Hildenbrand

In The Chair: Sak

The House agreed to the title of the bill.

______

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:

No Vote on Hire MI HBs 5780-5791

I am addressing all theses bills as a package, my comments relate specifically to some bills and generally to others. These bills are a direct affront to MI job providers to hire whom ever they choose. These bills are designed to support union workers to the detriment of non-union. It even makes provision for union employers not to be penalized for hiring non-state residents who are union members, while non-union employers use of non-state residents will be penalized. These bills will deny credits, deductions, as well as other benefits to one job provider based on who they hire and whether or not they pay prevailing wages. Government should be picking winners and losers. It has no business deciding between one industry and another industry, as well as between union and non-union employers.

Prevailing wage in both its definition and its results drive up the cost of doing business in Michigan. The cost to build and maintain every school, every government facility and project is driven up dramatically, because of the requirement to pay prevailing wages, which means union wage. These bills are purely political and bad policy, they purport to provide jobs for MI citizens, but they pick and choose as to which MI citizen will be able to benefit and take advantage of them. It is always bad legislation to spend more tax dollars than is necessary and pick which job providers and citizens are worthy and which are not.”

House Bill No. 5788, entitled

A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 8 (MCL 125.2788), as amended by 2006 PA 667.

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

Roll Call No. 415 Yeas—68

Accavitti Cushingberry Johnson Moore

Angerer Dean Jones, Robert Nofs

Ball Dillon Lahti Polidori

Bauer Donigan LaJoy Rocca

Bennett Ebli Law, David Sak

Bieda Espinoza Law, Kathleen Scott

Brown Farrah LeBlanc Sheltrown

Byrnes Gaffney Leland Simpson

Byrum Gillard Lemmons Smith, Alma

Caswell Griffin Lindberg Smith, Virgil

Cheeks Hammel Mayes Spade

Clack Hammon McDowell Tobocman

Clemente Hansen Meadows Vagnozzi

Condino Hood Meisner Valentine

Constan Hopgood Melton Warren

Corriveau Horn Meltzer Wojno

Coulouris Jackson Miller Young

Nays—37

Acciavatti Green Moss Schuitmaker

Agema Hildenbrand Nitz Shaffer

Amos Hoogendyk Opsommer Sheen

Booher Hune Palmer Stahl

Brandenburg Jones, Rick Palsrok Stakoe

Calley Knollenberg Pastor Steil

Caul Marleau Pavlov Walker

DeRoche Meekhof Proos Ward

Elsenheimer Moolenaar Robertson Wenke

Emmons

In The Chair: Sak

The House agreed to the title of the bill.

______

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:

No Vote on Hire MI HBs 5780-5791

I am addressing all theses bills as a package, my comments relate specifically to some bills and generally to others. These bills are a direct affront to MI job providers to hire whom ever they choose. These bills are designed to support union workers to the detriment of non-union. It even makes provision for union employers not to be penalized for hiring non-state residents who are union members, while non-union employers use of non-state residents will be penalized. These bills will deny credits, deductions, as well as other benefits to one job provider based on who they hire and whether or not they pay prevailing wages. Government should be picking winners and losers. It has no business deciding between one industry and another industry, as well as between union and non-union employers.

Prevailing wage in both its definition and its results drive up the cost of doing business in Michigan. The cost to build and maintain every school, every government facility and project is driven up dramatically, because of the requirement to pay prevailing wages, which means union wage. These bills are purely political and bad policy, they purport to provide jobs for MI citizens, but they pick and choose as to which MI citizen will be able to benefit and take advantage of them. It is always bad legislation to spend more tax dollars than is necessary and pick which job providers and citizens are worthy and which are not.”

House Bill No. 5789, entitled

A bill to amend 1963 PA 62, entitled “Industrial development revenue bond act of 1963,” (MCL 125.1251 to 125.1267) by adding section 5a.

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

Roll Call No. 416 Yeas—70

Accavitti Coulouris Johnson Moore

Agema Cushingberry Jones, Robert Nofs

Angerer Dean Lahti Polidori

Ball DeRoche LaJoy Rocca

Bauer Dillon Law, David Sak

Bennett Donigan Law, Kathleen Scott

Bieda Ebli LeBlanc Sheltrown

Brown Espinoza Leland Simpson

Byrnes Farrah Lemmons Smith, Alma

Byrum Gaffney Lindberg Smith, Virgil

Calley Gillard Mayes Spade

Caswell Griffin McDowell Tobocman

Cheeks Hammel Meadows Vagnozzi

Clack Hammon Meisner Valentine

Clemente Hood Melton Warren

Condino Hopgood Meltzer Wojno

Constan Horn Miller Young

Corriveau Jackson

Nays—35

Acciavatti Hildenbrand Nitz Shaffer

Amos Hoogendyk Opsommer Sheen

Booher Hune Palmer Stahl

Brandenburg Jones, Rick Palsrok Stakoe

Caul Knollenberg Pastor Steil

Elsenheimer Marleau Pavlov Walker

Emmons Meekhof Proos Ward

Green Moolenaar Robertson Wenke

Hansen Moss Schuitmaker

In The Chair: Sak

The House agreed to the title of the bill.

______

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:

No Vote on Hire MI HBs 5780-5791

I am addressing all theses bills as a package, my comments relate specifically to some bills and generally to others. These bills are a direct affront to MI job providers to hire whom ever they choose. These bills are designed to support union workers to the detriment of non-union. It even makes provision for union employers not to be penalized for hiring non-state residents who are union members, while non-union employers use of non-state residents will be penalized. These bills will deny credits, deductions, as well as other benefits to one job provider based on who they hire and whether or not they pay prevailing wages. Government should be picking winners and losers. It has no business deciding between one industry and another industry, as well as between union and non-union employers.

Prevailing wage in both its definition and its results drive up the cost of doing business in Michigan. The cost to build and maintain every school, every government facility and project is driven up dramatically, because of the requirement to pay prevailing wages, which means union wage. These bills are purely political and bad policy, they purport to provide jobs for MI citizens, but they pick and choose as to which MI citizen will be able to benefit and take advantage of them. It is always bad legislation to spend more tax dollars than is necessary and pick which job providers and citizens are worthy and which are not.”

House Bill No. 5790, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 4 (MCL 207.554), as amended by 2004 PA 437.

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

Roll Call No. 417 Yeas—70

Accavitti Cushingberry Lahti Polidori

Angerer Dean LaJoy Proos

Ball Dillon Law, David Rocca

Bauer Donigan Law, Kathleen Sak

Bennett Ebli LeBlanc Scott

Bieda Espinoza Leland Shaffer

Brown Farrah Lemmons Sheltrown

Byrnes Gaffney Lindberg Simpson

Byrum Gillard Mayes Smith, Alma

Calley Griffin McDowell Smith, Virgil

Caswell Hammel Meadows Spade

Cheeks Hammon Meisner Tobocman

Clack Hood Melton Vagnozzi

Clemente Hopgood Meltzer Valentine

Condino Horn Miller Warren

Constan Jackson Moore Wojno

Corriveau Johnson Nofs Young

Coulouris Jones, Robert

Nays—35

Acciavatti Green Moolenaar Schuitmaker

Agema Hansen Moss Sheen

Amos Hildenbrand Nitz Stahl

Booher Hoogendyk Opsommer Stakoe

Brandenburg Hune Palmer Steil

Caul Jones, Rick Palsrok Walker

DeRoche Knollenberg Pastor Ward

Elsenheimer Marleau Pavlov Wenke

Emmons Meekhof Robertson

In The Chair: Sak

The House agreed to the title of the bill.

______

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:

No Vote on Hire MI HBs 5780-5791

I am addressing all theses bills as a package, my comments relate specifically to some bills and generally to others. These bills are a direct affront to MI job providers to hire whom ever they choose. These bills are designed to support union workers to the detriment of non-union. It even makes provision for union employers not to be penalized for hiring non-state residents who are union members, while non-union employers use of non-state residents will be penalized. These bills will deny credits, deductions, as well as other benefits to one job provider based on who they hire and whether or not they pay prevailing wages. Government should be picking winners and losers. It has no business deciding between one industry and another industry, as well as between union and non-union employers.

Prevailing wage in both its definition and its results drive up the cost of doing business in Michigan. The cost to build and maintain every school, every government facility and project is driven up dramatically, because of the requirement to pay prevailing wages, which means union wage. These bills are purely political and bad policy, they purport to provide jobs for MI citizens, but they pick and choose as to which MI citizen will be able to benefit and take advantage of them. It is always bad legislation to spend more tax dollars than is necessary and pick which job providers and citizens are worthy and which are not.”

House Bill No. 5791, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 13 (MCL 247.913) and by adding section 9a.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Miller moved to amend the bill as follows:

1. Amend page 2, line 13, after “RESIDENTS” by striking out “AT THE FACILITY” and inserting “ON THE PROJECT”.

2. Amend page 2, line 15, after “REHABILITATE,” by striking out the balance of the line through “FACILITY.” on line 16 and inserting “AND DEVELOP THE PROJECT.”.

3. Amend page 2, line 23, after “FINANCING” by striking out “UNDER THIS ACT” and inserting “FOR PROJECTS DESCRIBED IN SECTION 9(1)(A)”.

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

The question being on the passage of the bill,

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

Roll Call No. 418 Yeas—70

Accavitti Coulouris Jones, Robert Nofs

Agema Cushingberry Lahti Polidori

Angerer Dean LaJoy Rocca

Ball Dillon Law, David Sak

Bauer Donigan Law, Kathleen Scott

Bennett Ebli LeBlanc Shaffer

Bieda Espinoza Leland Sheltrown

Brown Farrah Lemmons Simpson

Byrnes Gaffney Lindberg Smith, Alma

Byrum Gillard Mayes Smith, Virgil

Calley Griffin McDowell Spade

Caswell Hammel Meadows Tobocman

Cheeks Hammon Meisner Vagnozzi

Clack Hood Melton Valentine

Clemente Hopgood Meltzer Warren

Condino Horn Miller Wojno

Constan Jackson Moore Young

Corriveau Johnson

Nays—35

Acciavatti Hansen Moss Schuitmaker

Amos Hildenbrand Nitz Sheen

Booher Hoogendyk Opsommer Stahl

Brandenburg Hune Palmer Stakoe

Caul Jones, Rick Palsrok Steil

DeRoche Knollenberg Pastor Walker

Elsenheimer Marleau Pavlov Ward

Emmons Meekhof Proos Wenke

Green Moolenaar Robertson

In The Chair: Sak

The House agreed to the title of the bill.

______

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:

No Vote on Hire MI HBs 5780-5791

I am addressing all theses bills as a package, my comments relate specifically to some bills and generally to others. These bills are a direct affront to MI job providers to hire whom ever they choose. These bills are designed to support union workers to the detriment of non-union. It even makes provision for union employers not to be penalized for hiring non-state residents who are union members, while non-union employers use of non-state residents will be penalized. These bills will deny credits, deductions, as well as other benefits to one job provider based on who they hire and whether or not they pay prevailing wages. Government should be picking winners and losers. It has no business deciding between one industry and another industry, as well as between union and non-union employers.

Prevailing wage in both its definition and its results drive up the cost of doing business in Michigan. The cost to build and maintain every school, every government facility and project is driven up dramatically, because of the requirement to pay prevailing wages, which means union wage. These bills are purely political and bad policy, they purport to provide jobs for MI citizens, but they pick and choose as to which MI citizen will be able to benefit and take advantage of them. It is always bad legislation to spend more tax dollars than is necessary and pick which job providers and citizens are worthy and which are not.”

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Agema moved that the Committee on Appropriations be discharged from further consideration of House Bill No. 4666.

(For first notice see House Journal No. 47, p. 1089.)

The question being on the motion made by Rep. Agema,

Rep. Agema demanded the yeas and nays.

The demand was supported.

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.

Reps. Miller, Accavitti, Clack, Condino, Constan, Dean, Hammon, Hopgood, Kathleen Law, LeBlanc, Leland, Lemmons, Mayes, Meadows, Polidori, Sak, Sheltrown, Simpson, Alma Smith, Spade, Vagnozzi and Valentine offered the following resolution:

House Resolution No. 370.

A resolution to memorialize the Congress of the United States to reject the Colombia Free Trade Agreement.

Whereas, The administration has transmitted to the Congress a trade agreement with Colombia. This measure is being touted for its impact on security in South and Central America every bit as much as its economic effects. In both regards, however, the Colombia Free Trade Agreement falls short; and

Whereas, The proposed trade agreement comes at a difficult time for working men and women in our country. Rising unemployment, skyrocketing prices, and wage levels that have long lagged behind costs have combined with the widespread housing finance crisis to jeopardize the security of working class families across America. Against that backdrop, the prospect of a trade agreement that would contribute to more lost jobs, shrinking paychecks, and our nation’s ever-increasing trade deficit is most unwelcome; and

Whereas, The ramped-up outsourcing of American jobs that has followed various trade agreements has contributed to the virtual disappearance of much of the manufacturing in our country. Any trade agreement that ignores this track record and fails to implement more appropriate policies is unacceptable. We must take a stand to safeguard jobs that built much of our middle class; and

Whereas, In addition to concerns many have expressed about the agreement’s harm to American workers, Colombia’s treatment of its own citizens, including trade unionists, should give us pause. There are also some observers who feel that the trend to larger scale farming and the displacement of small farms that would likely take place because of the Colombia Free Trade Agreement could add to instability in this dangerous part of the world; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to reject the Colombia Free Trade Agreement; 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 Government Operations.

Reps. LeBlanc, Accavitti, Bieda, Booher, Brown, Clack, Condino, Constan, Cushingberry, Dean, Hammon, Hopgood, Kathleen Law, Leland, Lemmons, Mayes, Meadows, Miller, Polidori, Proos, Sak, Shaffer, Sheltrown, Simpson, Alma Smith, Spade, Vagnozzi and Valentine offered the following resolution:

House Resolution No. 371.

A resolution declaring July 12, 2008, as Cruisin’ Michigan Day in the state of Michigan.

Whereas, The Michigan Avenue corridor through Wayne County has a tremendous automotive endowment and heritage that has produced significant wealth and economic investment for the state and its residents; and

Whereas, Michigan Avenue is where the world headquarters of the Ford Motor Company is located, as well many other automotive facilities, factories and museums; and

Whereas, To celebrate and observe Michigan Avenue’s contributions to the automotive industry and love affair with the automobile, five Wayne County communities – Dearborn, Dearborn Heights, Inkster, Westland and Wayne – are teaming up with automotive enthusiast Don Nicholson, local car clubs, chambers of commerce and corporate sponsors to host the first annual Cruisin’ Michigan cruise and car show on Saturday, July 12, 2008; and

Whereas, This inaugural event will provide significant economic benefits for the businesses located along Michigan Avenue, as well as for local service organizations such as the Kiwanis, Rotary and other clubs that will be able to sell merchandise to support their missions; and

Whereas, Cruisin’ Michigan will promote Michigan and recognize the contributions it has made to the automotive industry; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body designate July 12, 2008, as Cruisin’ Michigan Day.

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. Brown, Accavitti, Bauer, Bieda, Booher, Brandenburg, Clack, Clemente, Condino, Constan, Cushingberry, Dean, Hammon, Hopgood, Lahti, Kathleen Law, LeBlanc, Leland, Lemmons, Mayes, Meadows, Miller, Polidori, Rocca, Sak, Sheltrown, Simpson, Alma Smith, Spade, Tobocman, Vagnozzi and Valentine offered the following resolution:

House Resolution No. 372.

A resolution to memorialize the Congress of the United States to pass, and President Bush to sign, the Post 9/11 Veterans Educational Assistance Act.

Whereas, In 1944, the Congress of the United States passed, and President Roosevelt signed, the Servicemen’s Readjustment Act, known to most people as the GI Bill of Rights. Since its establishment, the GI Bill has created educational opportunities for millions of veterans; and

Whereas, Since the terrorist attacks of September 11, 2001, members of the United States military have been asked to perform heroic tasks in the name of freedom. These selfless volunteers have performed with remarkable valor, and it is incumbent on citizens of the United States to honor their service in any way possible; and

Whereas, The cost of attending college has increased greatly in recent years, and as a result the benefits provided by the GI Bill are no longer sufficient to cover the average cost of tuition; and

Whereas, Since 1944, Congress has periodically updated the GI Bill to reflect the changing needs of our soldiers and the military as a whole. However, despite the changes of the past decades, it has been 24 years since the law was significantly reformed; and

Whereas, Improving and updating the GI bill would create an additional incentive for individuals considering enlistment, which is vital given the all-volunteer nature of our military; and

Whereas, Two pieces of legislation currently before Congress, S. 22 and H. R. 2702, would update the GI Bill to reflect the current realities facing our servicemembers. These bills, known as the Post 9/11 Veterans Educational Assistance Act, would increase the amount of aid available to these students, and would otherwise remove obstacles to obtaining a college education. While not perfect, these bills represent a significant improvement over the current system; and

Whereas, Those who would complain about the costs of such a program seem to forget the staggering price we ask of these men and women. Likewise, those who complain that these bills would create an incentive to leave the military underestimate the dedication and devotion of our troops; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact, and the President of the United States to sign, S. 22 and H. R. 2702; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, 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 Military and Veterans Affairs and Homeland Security.

Reps. Brown, Accavitti, Bieda, Booher, Brandenburg, Clack, Condino, Constan, Cushingberry, Dean, Hammon, Hopgood, Lahti, Kathleen Law, LeBlanc, Leland, Lemmons, Mayes, Meadows, Miller, Polidori, Proos, Sak, Shaffer, Sheltrown, Simpson, Alma Smith, Spade, Tobocman, Vagnozzi and Valentine offered the following resolution:

House Resolution No. 373.

A resolution commemorating May 2008 as Asthma and Allergy Awareness Month in the state of Michigan.

Whereas, Asthma has reached epidemic proportions in the United States, affecting about 20 million people; and

Whereas, Seasonal allergies affect 35 million Americans; and

Whereas, Food allergies affect 12 million Americans; and

Whereas, Asthma is the leading cause of childhood hospitalizations, long-term illness, and school absenteeism, accounting for more than 14 million missed school days each year; and

Whereas, Each year 2 million people are rushed to the emergency room, 5,000 people die from asthma and 150 die from food allergy reactions; and

Whereas, Asthma and allergic diseases cost the U.S. economy over $25 billion annually; and

Whereas, Asthma is a long-term, inflammatory disease in which the airways of the lungs constrict, causing wheezing, breathlessness, chest tightness, and coughing; and

Whereas, Exposure to allergens and irritants such as dust mites, mold, cockroaches, pet dander, and secondhand smoke can bring on an asthma episode; and

Whereas, There are simple steps people can take to reduce their exposure to environmental asthma triggers; and

Whereas, Healthcare professionals are encouraged to adhere to current treatment guidelines, as established by the National Heart Lung and Blood Institute, in their treatment regiments; and

Whereas, The Asthma and Allergy Foundation of America (AAFA) is the leading non-profit organization dedicated to improving the quality of life for people with asthma and allergies through education, advocacy and research; and

Whereas, A national month dedicated to educating all Americans about comprehensive asthma management and to increase public understanding of asthma and allergies, as well as how to manage them; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate May 2008 as Asthma and Allergy Awareness Month in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Asthma and Allergy Foundation of America - Michigan Chapter and Shering-Plough, State Government Affairs in an effort to raise awareness and promote education and training programs in Michigan.

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. Valentine, Accavitti, Bauer, Bieda, Brandenburg, Brown, Clack, Clemente, Condino, Constan, Cushingberry, Dean, Hammon, Hopgood, Lahti, Kathleen Law, LeBlanc, Leland, Lemmons, Mayes, Meadows, Miller, Polidori, Rocca, Sak, Sheltrown, Simpson, Alma Smith, Spade, Tobocman and Vagnozzi offered the following concurrent resolution:

House Concurrent Resolution No. 84.

A concurrent resolution to memorialize the Congress of the United States to pass, and President Bush to sign, the Post 9/11 Veterans Educational Assistance Act.

Whereas, In 1944, the Congress of the United States passed, and President Roosevelt signed, the Servicemen’s Readjustment Act, known to most people as the GI Bill of Rights. Since its establishment, the GI Bill has created educational opportunities for millions of veterans; and

Whereas, Since the terrorist attacks of September 11, 2001, members of the United States military have been asked to perform heroic tasks in the name of freedom. These selfless volunteers have performed with remarkable valor, and it is incumbent on citizens of the United States to honor their service in any way possible; and

Whereas, The cost of attending college has increased greatly in recent years, and as a result the benefits provided by the GI Bill are no longer sufficient to cover the average cost of tuition; and

Whereas, Since 1944, Congress has periodically updated the GI Bill to reflect the changing needs of our soldiers and the military as a whole. However, despite the changes of the past decades, it has been 24 years since the law was significantly reformed; and

Whereas, Improving and updating the GI bill would create an additional incentive for individuals considering enlistment, which is vital given the all-volunteer nature of our military; and

Whereas, Two pieces of legislation currently before Congress, S. 22 and H. R. 2702, would update the GI Bill to reflect the current realities facing our servicemembers. These bills, known as the Post 9/11 Veterans Educational Assistance Act, would increase the amount of aid available to these students, and would otherwise remove obstacles to obtaining a college education. While not perfect, these bills represent a significant improvement over the current system; and

Whereas, Those who would complain about the costs of such a program seem to forget the staggering price we ask of these men and women. Likewise, those who complain that these bills would create an incentive to leave the military underestimate the dedication and devotion of our troops; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to enact, and the President of the United States to sign, S. 22 and H. R. 2702; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on Military and Veterans Affairs and Homeland Security.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Friday, May 16, for her approval of the following bills:

Enrolled House Bill No. 5085 at 10:18 a.m.

Enrolled House Bill No. 5174 at 10:20 a.m.

Enrolled House Bill No. 5274 at 10:22 a.m.

Enrolled House Bill No. 5585 at 10:24 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, May 16:

House Bill Nos. 6122 6123

Senate Bill Nos. 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, May 20, for her approval of the following bills:

Enrolled House Bill No. 4602 at 9:28 a.m.

Enrolled House Bill No. 5909 at 9:30 a.m.

Reports of Standing Committees

The Committee on Transportation, by Rep. Hopgood, Chair, reported

House Bill No. 4982, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320a (MCL 257.320a), as amended by 2004 PA 495, and by adding section 602b.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hopgood, Griffin, Accavitti, Bieda, Donigan, Ebli, Miller, Young and LaJoy

Nays: Reps. Casperson, Nitz, Pavlov, Stahl and Knollenberg

The Committee on Transportation, by Rep. Hopgood, Chair, reported

House Bill No. 5117, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 602b.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hopgood, Griffin, Accavitti, Bieda, Donigan, Ebli, Leland, Mayes, Miller, Young, LaJoy, Casperson, Pearce, Stahl and Knollenberg

Nays: Reps. Nitz and Pavlov

The Committee on Transportation, by Rep. Hopgood, Chair, reported

House Bill No. 5396, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 602b.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hopgood, Griffin, Bieda, Donigan, Ebli, Leland, Mayes, Miller, Young, LaJoy, Casperson, Pavlov, Pearce, Stahl and Knollenberg

Nays: Rep. Nitz

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 15, 2008

Present: Reps. Hopgood, Griffin, Accavitti, Bieda, Donigan, Ebli, Leland, Mayes, Miller, Young, LaJoy, Casperson, Nitz, Pavlov, Pearce, Stahl and Knollenberg

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Coulouris, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Tuesday, May 20, 2008

Present: Reps. Coulouris, Johnson, Mayes, Virgil Smith, Moore, Robertson and Green

Absent: Reps. Clemente and Calley

Excused: Reps. Clemente and Calley

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Farrah, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Tuesday, May 20, 2008

Present: Reps. Farrah, Scott, Meadows, Virgil Smith, Wojno, Marleau, Palsrok and Gaffney

Absent: Reps. Warren and Ward

Excused: Reps. Warren and Ward

Messages from the Senate

House Bill No. 4184, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34a (MCL 791.234a), as amended by 1998 PA 315.

The Senate has appointed Senators Cropsey, Sanborn and Whitmer as conferees to join with Representatives Condino, Alma Smith and Rick Jones.

The bill was referred to the Conference Committee on May 16, 2008.

House Bill No. 5102, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 23 (MCL 432.23), as amended by 2004 PA 272.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5509, entitled

A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending sections 3, 13, and 15 (MCL 285.313, 285.323, and 285.325).

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Introduction of Bills

Reps. Simpson, Leland, LeBlanc, Cushingberry, Condino, Clack, Donigan, Johnson, Vagnozzi and Hammon introduced

House Bill No. 6124, entitled

A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 3 (MCL 207.843).

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

Reps. Simpson, Virgil Smith, Leland, Bieda, Miller, Cushingberry, Coulouris, Tobocman, Condino, Hood, Hammon, Clack, Donigan, Johnson and Vagnozzi introduced

House Bill No. 6125, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2090.

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

Reps. Simpson, Corriveau, Alma Smith, Leland, Polidori, Bieda, Cushingberry, Coulouris, Condino, Hood, Clack, Donigan, Johnson, Vagnozzi, Dean and Hammon introduced

House Bill No. 6126, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 682 (MCL 257.682), as amended by 1990 PA 188.

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

Rep. David Law introduced

House Bill No. 6127, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 1201, 1203, 1203b, 1204, and 1217 (MCL 339.1201, 339.1203, 339.1203b, 339.1204, and 339.1217), sections 1201 and 1217 as amended and section 1203b as added by 1997 PA 97 and section 1204 as amended by 2003 PA 57.

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

Reps. Meltzer, Opsommer, Amos, Palmer, Marleau, Agema and Palsrok introduced

House Bill No. 6128, entitled

A bill to repeal 1993 PA 330, entitled “State real estate transfer tax act,” (MCL 207.521 to 207.537).

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

Reps. Meltzer, Opsommer, Amos, Marleau, Agema and Palsrok introduced

House Bill No. 6129, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), as amended by 2007 PA 137.

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

Reps. Mayes and Farrah introduced

House Bill No. 6130, entitled

A bill to amend 1941 PA 207, entitled “Fire prevention code,” (MCL 29.1 to 29.33) by adding section 3f.

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

Reps. Alma Smith and Warren introduced

House Bill No. 6131, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 115g, 115i, and 115j (MCL 400.115g, 400.115i, and 400.115j), section 115g as amended by 2004 PA 193 and sections 115i and 115j as amended by 2002 PA 648.

The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.

______

Rep. Hune moved that the House adjourn.

The motion prevailed, the time being 4:00 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, May 21, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives

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