2007-HJ-02-22-017

No. 17

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Thursday, February 22, 2007.

12:00 Noon.

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

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

Accavitti--present Dillon--present Lahti--present Pearce--present

Acciavatti--present Donigan--present LaJoy--present Polidori--present

Agema--present Ebli--present Law, David--present Proos--present

Amos--present Elsenheimer--present Law, Kathleen--present Robertson--present

Angerer--present Emmons--present LeBlanc--present Rocca--present

Ball--present Espinoza--present Leland--present Sak--present

Bauer--present Farrah--present Lemmons--present Schuitmaker--present

Bennett--present Gaffney--present Lindberg--present Scott--present

Bieda--present Garfield--present Marleau--present Shaffer--present

Booher--present Gillard--present Mayes--present Sheen--present

Brandenburg--excused Gonzales--present McDowell--present Sheltrown--present

Brown--present Green--present Meadows--present Simpson--present

Byrnes--present Griffin--present Meekhof--present Smith, Alma--present

Byrum--present Hammel--present Meisner--present Smith, Virgil--present

Calley--present Hammon--present Melton--present Spade--present

Casperson--present Hansen--present Meltzer--present Stahl--present

Caswell--present Hildenbrand--present Miller--present Stakoe--present

Caul--present Hood--present Moolenaar--present Steil--present

Cheeks--present Hoogendyk--present Moore--present Tobocman--present

Clack--present Hopgood--present Moss--present Vagnozzi--present

Clemente--present Horn--present Nitz--present Valentine--present

Condino--present Huizenga--present Nofs--present Walker--present

Constan--present Hune--present Opsommer--present Ward--present

Corriveau--present Jackson--present Palmer--present Warren--present

Coulouris--present Johnson--present Palsrok--present Wenke--present

Cushingberry--e/d/s 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. Brenda J. Clack, from the 34th District, offered the following invocation:

"Our heavenly Father, the maker of all things, the judge of us all, we humble ourselves before Thee.

May we be exceedingly grateful for all that You have done for us. May we recognize the magnitude of Your powers now and here after.

Guide us as we stand in these chambers to make the best decisions for those who are affected the most. We must be the voice of the voiceless.

May we be ever mindful of all whom we represent. The have's and the have not- the skilled and unskilled, the young and the elderly, the givers and the takers.

May we not be so absorbed in ourselves and our responsibilities that we forget our families that we leave behind each day.

Heavenly Father, bless the children and give them guidance to do what is good and right. Equip those young people who must make their own decisions in life, a sound mind.

Bless our leaders, both nationally and our state elected leaders. And local leaders may we all be mindful of our responsibilities to every citizen in the state.

As I close, lay Your hands on the families who have lost loved ones in a foreign land. Stay by those who have not known the grief of losing a loved one and give them the strength to continually have faith that they will see their loved ones again.

Pray for our deliverance today and forever. Amen."

______

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4044, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2946 (MCL 600.2946), as amended by 1995 PA 249.

The bill was read a second time.

Rep. Walker moved to amend the bill as follows:

1. Amend page 4, following line 17, by inserting:

"(5) IN A PRODUCT LIABILITY ACTION AGAINST THE MANUFACTURER OR SELLER OF A PRODUCT THAT IS A DRUG, IF THE DRUG WAS APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AT THE TIME IT LEFT THE CONTROL OF THE MANUFACTURER OR SELLER, THE ACTION SHALL BE DISMISSED BEFORE TRIAL UNLESS THE COURT DETERMINES THAT THERE IS CLEAR AND CONVINCING EVIDENCE THAT THE USE OF THE DRUG WAS A PROXIMATE CAUSE OF THE DAMAGES CLAIMED.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 4 Yeas--49

Acciavatti Green Meekhof Pearce

Agema Hansen Meltzer Proos

Amos Hildenbrand Moolenaar Robertson

Ball Hoogendyk Moore Schuitmaker

Booher Horn Moss Shaffer

Calley Huizenga Nitz Sheen

Casperson Hune Nofs Stahl

Caswell Jones, Rick Opsommer Stakoe

Caul Knollenberg Palmer Steil

DeRoche LaJoy Palsrok Walker

Elsenheimer Law, David Pastor Ward

Emmons Marleau Pavlov Wenke

Garfield

Nays--59

Accavitti Dean Johnson Rocca

Angerer Dillon Jones, Robert Sak

Bauer Donigan Lahti Scott

Bennett Ebli Law, Kathleen Sheltrown

Bieda Espinoza LeBlanc Simpson

Brown Farrah Leland Smith, Alma

Byrnes Gaffney Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris Jackson Polidori

In The Chair: Sak

Rep. Caswell moved to amend the bill as follows:

1. Amend page 4, following line 17, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4267 of the 94th Legislature is enacted into law.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 5 Yeas--47

Acciavatti Green Meltzer Proos

Agema Hansen Moolenaar Robertson

Amos Hildenbrand Moore Rocca

Ball Hoogendyk Moss Shaffer

Booher Horn Nitz Sheen

Calley Huizenga Nofs Stahl

Casperson Jones, Rick Opsommer Stakoe

Caswell Knollenberg Palmer Steil

Caul LaJoy Palsrok Walker

DeRoche Law, David Pastor Ward

Emmons Marleau Pavlov Wenke

Garfield Meekhof Pearce

Nays--61

Accavitti Dillon Jackson Polidori

Angerer Donigan Johnson Sak

Bauer Ebli Jones, Robert Schuitmaker

Bennett Elsenheimer Lahti Scott

Bieda Espinoza Law, Kathleen Sheltrown

Brown Farrah LeBlanc Simpson

Byrnes Gaffney Leland Smith, Alma

Byrum Gillard Lemmons Smith, Virgil

Cheeks Gonzales Lindberg Spade

Clack Griffin Mayes Tobocman

Clemente Hammel McDowell Vagnozzi

Condino Hammon Meadows Valentine

Constan Hood Meisner Warren

Corriveau Hopgood Melton Wojno

Coulouris Hune Miller Young

Dean

In The Chair: Sak

Rep. Hoogendyk moved to amend the bill as follows:

1. Amend page 4, following line 17, by inserting:

"(5) In a product liability action against a manufacturer or seller,INVOLVING a product that is a drug THAT WAS DEVELOPED OR MANUFACTURED IN THIS STATE, THE DRUG is not defective or unreasonably dangerous, and the manufacturer or seller is not liable, if the drug was approved for safety and efficacy by the United States food and drug administration, and the drug and its labeling were in compliance with the United States food and drug administration's approval at the time the drug left the control of the manufacturer or seller. However, this subsection does not apply to a drug that is sold in the United States after the effective date of an order of the United States food and drug administration to remove the drug from the market or to withdraw its approval. This subsection does not apply if the defendant at any time before the event that allegedly caused the injury does any of the following:

(a) Intentionally withholds from or misrepresents to the United States food and drug administration information concerning the drug that is required to be submitted under the federal food, drug, and cosmetic act, chapter 675, 52 Stat. 1040, 21 U.S.C. 301 to 321, 331 to 343-2, 344 to 346a, 347, 348 to 353, 355 to 360, 360b to 376, and 378 to
395 21 USC 301 TO 395, and the drug would not have been approved, or the United States food and drug administration would have withdrawn approval for the drug if the information were accurately submitted.

(b) Makes an illegal payment to an official or employee of the United States food and drug administration for the purpose of securing or maintaining approval of the drug.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 6 Yeas--50

Acciavatti Garfield Meekhof Pearce

Agema Green Meltzer Proos

Amos Hansen Moolenaar Robertson

Ball Hildenbrand Moore Schuitmaker

Booher Hoogendyk Moss Shaffer

Calley Horn Nitz Sheen

Casperson Huizenga Nofs Stahl

Caswell Hune Opsommer Stakoe

Caul Jones, Rick Palmer Steil

DeRoche Knollenberg Palsrok Walker

Elsenheimer LaJoy Pastor Ward

Emmons Law, David Pavlov Wenke

Gaffney Marleau

Nays--58

Accavitti Dean Jones, Robert Rocca

Angerer Dillon Lahti Sak

Bauer Donigan Law, Kathleen Scott

Bennett Ebli LeBlanc Sheltrown

Bieda Espinoza Leland Simpson

Brown Farrah Lemmons Smith, Alma

Byrnes Gillard Lindberg Smith, Virgil

Byrum Gonzales Mayes Spade

Cheeks Griffin McDowell Tobocman

Clack Hammel Meadows Vagnozzi

Clemente Hammon Meisner Valentine

Condino Hood Melton Warren

Constan Hopgood Miller Wojno

Corriveau Jackson Polidori Young

Coulouris Johnson

In The Chair: Sak

Rep. Acciavatti moved to amend the bill as follows:

1. Amend page 4, following line 17, by inserting:

"(5) IF AN ATTORNEY AT LAW ENTERS INTO AN EXPRESS OR IMPLIED AGREEMENT TO PROSECUTE A CLAIM FOR PERSONAL INJURY OR WRONGFUL DEATH CAUSED BY OR RESULTING FROM THE PRODUCTION OF A PRODUCT AND IF THE AGREEMENT PROVIDES THAT THE ATTORNEY'S COMPENSATION IS CONTINGENT IN WHOLE OR IN PART ON SUCCESSFUL PROSECUTION OR SETTLEMENT OF THE CLAIM OR ON THE AMOUNT OF RECOVERY, THE ATTORNEY SHALL NOT RECEIVE, RETAIN, OR SHARE A FEE THAT IS MORE THAN 33% OF THE FIRST $1,000,000.00 RECOVERED, 15% OF THE NEXT $4,000,000.00 RECOVERED, AND 10% OF ANY AMOUNT RECOVERED OVER $5,000,000.00. THE ATTORNEY SHALL PAY 1/2 OF ANY AMOUNT RECEIVED AS COMPENSATION THAT IS MORE THAN $333,333.00 TO THE STATE INJURED PARTY RESTITUTION FUND.

(6) THE MAXIMUM FEE UNDER SUBSECTION (5) SHALL BE CALCULATED USING THE NET AMOUNT RECOVERED, INCLUDING TAXED COSTS AND INTEREST INCLUDED IN OR ON THE JUDGMENT, BUT NOT INCLUDING DISBURSEMENTS PROPERLY CHARGEABLE TO THE ENFORCEMENT OR PROSECUTION OF THE CLAIM. IF THE RECOVERY IS BY A SETTLEMENT OR JUDGMENT PAYABLE IN INSTALLMENTS, THE MAXIMUM FEE UNDER SUBSECTION (5) SHALL BE CALCULATED USING THE PRESENT VALUE OF THE FUTURE PAYMENTS.

(7) BEFORE ENTERING INTO A FEE AGREEMENT UNDER SUBSECTION (5), AN ATTORNEY AT LAW SHALL ADVISE A CLIENT THAT AN ATTORNEY MAY BE EMPLOYED UNDER A DIFFERENT FEE ARRANGEMENT IN WHICH THE ATTORNEY IS COMPENSATED FOR THE REASONABLE VALUE OF SERVICES PERFORMED, SUCH AS ON AN HOURLY OR PER DIEM BASIS. THIS SUBSECTION DOES NOTREQUIRE AN ATTORNEY TO ENTER INTO A FEE AGREEMENT THAT THE ATTORNEY DOES NOT WISH TO ENTER INTO.

(8) A FEE AGREEMENT UNDER SUBSECTION (5) SHALL BE IN WRITING STATING THE METHOD BY WHICH THE FEE IS TO BE DETERMINED, THE NATURE OF DISBURSEMENTS THAT WILL BE DEDUCTED FROM THE RECOVERY, AND THE ADVICE REQUIRED BY SUBSECTION (7) REGARDING THE AVAILABILITY OF A DIFFERENT FEE ARRANGEMENT. A COPY OF THE WRITTEN FEE AGREEMENT SHALL BE PROVIDED TO THE CLIENT.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 7 Yeas--49

Acciavatti Green Meltzer Proos

Agema Hansen Moolenaar Robertson

Amos Hildenbrand Moore Rocca

Ball Hoogendyk Moss Schuitmaker

Booher Horn Nitz Shaffer

Calley Huizenga Nofs Sheen

Casperson Jones, Rick Opsommer Stahl

Caswell Knollenberg Palmer Stakoe

Caul LaJoy Palsrok Steil

DeRoche Law, David Pastor Walker

Elsenheimer Marleau Pavlov Ward

Emmons Meekhof Pearce Wenke

Garfield

Nays--59

Accavitti Dean Jackson Polidori

Angerer Dillon Johnson Sak

Bauer Donigan Jones, Robert Scott

Bennett Ebli Lahti Sheltrown

Bieda Espinoza Law, Kathleen Simpson

Brown Farrah LeBlanc Smith, Alma

Byrnes Gaffney Leland Smith, Virgil

Byrum Gillard Lemmons Spade

Cheeks Gonzales Lindberg Tobocman

Clack Griffin Mayes Vagnozzi

Clemente Hammel McDowell Valentine

Condino Hammon Meadows Warren

Constan Hood Meisner Wojno

Corriveau Hopgood Melton Young

Coulouris Hune Miller

In The Chair: Sak

Rep. Hildenbrand moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"Sec. 2591. (1) ~~Upon~~ IF, ON motion of any party TO A CIVIL ACTION, ~~if a~~ THE court finds that ~~a civil~~ THE action or A defense to ~~a civil~~ THE action was frivolous, the court ~~that conducts the civil action~~ shall award to the prevailing party the costs and fees incurred by that party in connection with the ~~civil~~ action by assessing the costs and fees against the nonprevailing ~~party and their~~ PARTY'S attorney.

(2) The amount of costs and fees awarded under this section shall include all reasonable costs actually incurred by the prevailing party and any costs allowed by law or by court rule, including court costs and reasonable attorney fees.

(3) IN ADDITION TO OTHER COSTS AND FEES AWARDED UNDER THIS SECTION, THE COURT MAY IMPOSE AN APPROPRIATE SANCTION ON THE ATTORNEYS OR LAW FIRMS THAT INITIATED THE ACTION OR ASSERTED THE DEFENSE FOUND TO BE FRIVOLOUS. A SANCTION IMPOSED UNDER THIS SUBSECTION SHALL NOT EXCEED AN AMOUNT SUFFICIENT TO DETER THE REPETITION OF THE CONDUCT OR COMPARABLE CONDUCT BY OTHERS SIMILARLY SITUATED.

(4)~~(3)~~ As used in this section:

(a) "Frivolous" means that at least 1 of the following conditions is met:

(i) The party's primary purpose in initiating the action or asserting the defense was to harass, embarrass, or injure the prevailing party.

(ii) The party had no reasonable basis to believe that the facts underlying that party's legal position were in fact true.

(iii) The party's legal position was devoid of arguable legal merit.

(b) "Prevailing party" means a party who wins on the entire record.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 8 Yeas--50

Acciavatti Green Meltzer Proos

Agema Hansen Moolenaar Robertson

Amos Hildenbrand Moore Rocca

Ball Hoogendyk Moss Schuitmaker

Booher Horn Nitz Shaffer

Calley Huizenga Nofs Sheen

Casperson Hune Opsommer Stahl

Caswell Jones, Rick Palmer Stakoe

Caul Knollenberg Palsrok Steil

DeRoche LaJoy Pastor Walker

Elsenheimer Law, David Pavlov Ward

Emmons Marleau Pearce Wenke

Garfield Meekhof

Nays--58

Accavitti Dean Johnson Polidori

Angerer Dillon Jones, Robert Sak

Bauer Donigan Lahti Scott

Bennett Ebli Law, Kathleen Sheltrown

Bieda Espinoza LeBlanc Simpson

Brown Farrah Leland Smith, Alma

Byrnes Gaffney Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris Jackson

In The Chair: Sak

Rep. Casperson moved to amend the bill as follows:

1. Amend page 4, following line 17, by inserting:

"(5) IN A PRODUCT LIABILITY ACTION THAT IS CERTIFIED BY A COURT IN THIS STATE AS ACLASS ACTION AGAINST A MANUFACTURER OR SELLER OF A PRODUCT THAT IS A DRUG, THEATTORNEY FOR THE PLAINTIFF SHALL NOT RECEIVE, RETAIN, OR SHARE A FEE THAT IS MORE THAN WHICHEVER OF THE FOLLOWING, WHETHER RECOVERED BY SETTLEMENT OR JUDGMENT, AND DETERMINED AFTER DEDUCTING DISBURSEMENTS PROPERLY CHARGEABLE TO THE ENFORCEMENT OF THE CLAIM, IS SMALLER:

(A) TEN PERCENT OF THE TOTAL AMOUNT RECOVERED BY ALL THE CLASS MEMBERS.

(B) THE AVERAGE AMOUNT RECOVERED BY THE CLASS MEMBERS.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 9 Yeas--49

Acciavatti Green Meltzer Proos

Agema Hansen Moolenaar Robertson

Amos Hildenbrand Moore Rocca

Ball Hoogendyk Moss Schuitmaker

Booher Horn Nitz Shaffer

Calley Huizenga Nofs Sheen

Casperson Jones, Rick Opsommer Stahl

Caswell Knollenberg Palmer Stakoe

Caul LaJoy Palsrok Steil

DeRoche Law, David Pastor Walker

Elsenheimer Marleau Pavlov Ward

Emmons Meekhof Pearce Wenke

Garfield

Nays--59

Accavitti Dean Jackson Polidori

Angerer Dillon Johnson Sak

Bauer Donigan Jones, Robert Scott

Bennett Ebli Lahti Sheltrown

Bieda Espinoza Law, Kathleen Simpson

Brown Farrah LeBlanc Smith, Alma

Byrnes Gaffney Leland Smith, Virgil

Byrum Gillard Lemmons Spade

Cheeks Gonzales Lindberg Tobocman

Clack Griffin Mayes Vagnozzi

Clemente Hammel McDowell Valentine

Condino Hammon Meadows Warren

Constan Hood Meisner Wojno

Corriveau Hopgood Melton Young

Coulouris Hune Miller

In The Chair: Sak

Rep. Casperson moved to amend the bill as follows:

1. Amend page 4, following line 17, by inserting:

"(5) THE STATE BAR OF MICHIGAN SHALL MAINTAIN A WEBSITE THAT DISCLOSES THE FOLLOWING INFORMATION FOR EACH PRODUCT LIABILITY ACTION AGAINST A MANUFACTURER OR SELLER OF A PRODUCT THAT IS A DRUG THAT IS DISMISSED SUMMARILY BY A TRIAL COURT IN THIS STATE:

(A) THE TITLE OF THE ACTION AND THE COURT AND COUNTY IN WHICH IT WAS FILED.

(B) THE NAME OF THE PLAINTIFF'S ATTORNEY AND THE COUNTY IN WHICH THE ATTORNEY'S BUSINESS ADDRESS IS LOCATED.

(C) THE NAME OF ANY LAW FIRM WITH WHICH THE PLAINTIFF'S ATTORNEY IS ASSOCIATED.

(D) THE DATE ON WHICH SUMMARY DISPOSITION WAS GRANTED.

(E) THE REASONS FOR THE SUMMARY DISPOSITION.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 10 Yeas--40

Acciavatti Garfield LaJoy Pastor

Agema Green Law, David Pavlov

Amos Hansen Marleau Proos

Ball Hildenbrand Meekhof Robertson

Booher Hoogendyk Moore Shaffer

Calley Horn Nitz Sheen

Casperson Huizenga Nofs Stahl

Caswell Hune Opsommer Stakoe

DeRoche Jones, Rick Palmer Steil

Emmons Knollenberg Palsrok Wenke

Nays--68

Accavitti Dillon Lahti Rocca

Angerer Donigan Law, Kathleen Sak

Bauer Ebli LeBlanc Schuitmaker

Bennett Elsenheimer Leland Scott

Bieda Espinoza Lemmons Sheltrown

Brown Farrah Lindberg Simpson

Byrnes Gaffney Mayes Smith, Alma

Byrum Gillard McDowell Smith, Virgil

Caul Gonzales Meadows Spade

Cheeks Griffin Meisner Tobocman

Clack Hammel Melton Vagnozzi

Clemente Hammon Meltzer Valentine

Condino Hood Miller Walker

Constan Hopgood Moolenaar Ward

Corriveau Jackson Moss Warren

Coulouris Johnson Pearce Wojno

Dean Jones, Robert Polidori Young

In The Chair: Sak

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

The motion prevailed.

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

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

______

Rep. Cushingberry entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4044, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2946 (MCL 600.2946), as amended by 1995 PA 249.

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

Roll Call No. 11 Yeas--70

Accavitti Dillon Lahti Palsrok

Angerer Donigan Law, David Polidori

Ball Ebli Law, Kathleen Rocca

Bauer Espinoza LeBlanc Sak

Bennett Farrah Leland Scott

Bieda Gaffney Lemmons Sheltrown

Brown Gillard Lindberg Simpson

Byrnes Gonzales Marleau Smith, Alma

Byrum Hammel Mayes Smith, Virgil

Cheeks Hammon McDowell Spade

Clack Hansen Meadows Tobocman

Clemente Hood Meisner Vagnozzi

Condino Hopgood Melton Valentine

Constan Horn Meltzer Ward

Corriveau Jackson Miller Warren

Coulouris Johnson Moore Wojno

Cushingberry Jones, Rick Opsommer Young

Dean Jones, Robert

Nays--39

Acciavatti Emmons Meekhof Robertson

Agema Garfield Moolenaar Schuitmaker

Amos Green Moss Shaffer

Booher Griffin Nitz Sheen

Calley Hildenbrand Nofs Stahl

Casperson Hoogendyk Palmer Stakoe

Caswell Huizenga Pastor Steil

Caul Hune Pavlov Walker

DeRoche Knollenberg Pearce Wenke

Elsenheimer LaJoy Proos

In The Chair: Sak

The House agreed to the title of the bill.

Rep. Hoogendyk, 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:

Mr. Speaker

I rise in opposition to HB 4044. I have agonized over this bill because I certainly am concerned about the well-being of our citizens and their ability to seek damages in a court of law against any individual or corporation who they believe has injured them. But this bill is not about whether an individual can continue to do that. In fact, under current law, anyone who believes they have been injured by a pharmaceutical company can file suit once they have made the case before the Food and Drug Administration.

But there needs to be a balance between protecting the rights of the individual to seek damages and the rights of a life science company to make a product that benefits the population at large and provides employment for thousands of people in this state. As a state representative I will continue to uphold the rights of victims to seek damages. But I must also be mindful of how our actions affect the economic future of our state.

Mr. Speaker under this new legislation, there will be no winners, no real benefit for victims hurt by prescription drugs. They will still have their day in court if they can show that the manufacturer was truly negligent or fraudulent. There may be, however, many losers, those who are employed in the life sciences industries in this state who may not expand in this state and those individuals who may benefit in the future from a newly developed life-saving drug.

Let us not forget this is one of the key industries our governor has highlighted for growth, and rightly so. In my district alone, over 40 new life sciences companies have spun off or started up in the last ten years. These are not 'big pharma' companies, not greedy corporations who only care about profits, no, these companies are just trying to create jobs and new, life saving drugs. But passage of this bill will not encourage job growth. Currently, there are over 13,000 men and women in Michigan who earn their livelihood from the pharmaceutical and life science industry, 4000 in my district alone. I shudder to think what message this legislation will send to those individuals and the companies who employ them.

Let us be mindful that should this legislation pass our loved ones and future generations will be that much further from a cure for any number of diseases because the companies whose mission it is to find that cure had to divert precious research dollars to pay lawyers to defend a product which had already undergone years of research, development, testing and FDA approval.

I ask my colleagues to vote no on this 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:

I could not in good conscience vote for House Bills 4044, 4045 and 4046 which would allow more lawsuits and predominantly benefit attorneys, not consumers. These bills will drive up the cost of all prescriptions for Michigan residents. The inane position that states, 'If this legislation helps just one person or even 100 people, we should pass it,' is foolish at best. If Congress or any state legislature passes legislation which benefits one to a hundred people, but potentially hurts and drives up the cost of healthcare for thousands or millions of people, they have in fact passed bad legislation.

It is difficult to control the cost of prescriptions, medical procedures and operations, but limiting the ability to sue issomething we can do. The FDA approval process is by leaps and bounds the most stringent, costly, and time-consuming drug approval process in the world. It is one of the reasons prescription drugs cost more in the United States than anywhere else and why it generally takes 7 to 10 years and millions of dollars to get a new drug approved. Most of the drugs currently being reviewed in the U.S. are already available in other countries. People around the world are already benefiting from these new drugs and in some situations these drugs have saved their lives.

I think we should limit liability more, not less, and divide the FDA approval process into two steps. The first step would allow people to take drugs currently in the approval process at their own risk and choice. They would not be able sue and the risks would be made clear, but people ought to be given that choice. They may not have 7 to 10 years to wait, especially when already approved medications and procedures are not working. The second step is full approval. If the process was in place, it would lower the cost of all medications entering the market in the U.S. Pharmaceutical companies would be able to get their product to the market sooner and still retain their patent, which usually only last ten years, and thus recover their costs over 7 to 10 years rather than 1 to 2 years. This would also reduce the drug importation differentials between the U.S. and other countries.

I do not want to ignore the pain and tragedy which can take place when someone reacts negatively to a medication or procedure, which unfortunately will always be a possibility. FDA-approved drugs have very good effectiveness ratios, especially when you compare ratios of 10 to 100 people reacting negatively, to millions of people reacting positively. The overwhelming majority of people using FDA approved drugs, are living healthier and longer, because of them. The risk should be clear, but the choice should be theirs.

Finally, if we want to truly reduce the cost of health care, give people more choices and options, and control lawsuits that have nothing to do with health care, then we should limit lawsuits-not expand them as this legislation does."

Rep. Shaffer, 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 support giving victims of pharmaceutical malfeasance their day in court, and I believe drug companies should be held accountable if they knowingly sell a product on the market that will injure or prove to be fatal.

But I cannot support legislation that puts personal injury lawyers ahead of victims, and puts honest Michigan job providers in jeopardy of a tidal wave of frivolous lawsuits. Our already fragile economy would be irrevocably harmed by this well-intentioned, but ultimately misguided piece of legislation.

Victims harmed by fraudulent acts or information provided by a drug manufacturer deserve to be compensated for their injuries, and those responsible should face not just financial, but criminal repercussions.

But HB 4044 is not about victims or holding drug companies accountable. It's about giving a handful of personal injury lawyers unlimited access to our legal system to flood our courts with frivolous suits in hopes of windfall payoff.

I cannot support HB 4044 unless it is amended to focus solely on the rights of victims. Our aim must be to help those who are the victims of injustice, not those who seek to profit by exploiting the legal system."

Rep. Casperson, 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 rise today to oppose this legislation because there were amendments offered, but not accepted by the majority, that would have limited trial lawyers from taking advantage of the system and the very people they represent.

I also believe the passage of this bill will hurt future opportunities for research in new drugs. I have been thankful for the research that has been put into drugs because my family has personally benefited from those developments. My wife, Diane, has battled cancer for eight years and has won thanks to continued research and the drugs that have come out of that. Also, my family has seen first hand the effects of Alzheimer's in the loss of my Dad. My hope and prayer is that no other family has to go through what we have experienced. That can happen with continued research in the hope that someday this horrible disease will be cured.

This package of bills will not bring victims back or help people in the long run. It will only benefit greedy trial lawyers"

Rep. Huizenga, 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 rise today in opposition to HB 4044 for the following reasons:

The way this bill, and the rest of the package of bills, are constructed do not put the interests of consumers and victims ahead of those of the Michigan Trial Lawyers Association. A series of amendments were offered that would have corrected this error of priorities which put attorney profits above victims needs. Unfortunately these amendments were rejected.

Every Life Science organization in Michigan, including VAI and MICHBIO, oppose this package of bills even though they do not directly manufacture drugs in this state. They do so because they realize that the message sent by passage of these bills today is the wrong one. The attempt to foster a climate of innovation in the past years, including my attempt as co-author of the 21st Century Jobs Fund with the current Speaker, has started to reap rewards in the way of jobs. Research and bringing that research into production are the keys to success as we attempt to cure the most horrible of diseases. Unfortunately again, the majority has chosen to ignore past positive actions in favor of short term political gain."

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:

My opposition to this legislation is based upon my genuine concern for the chilling effect its passage would have on life-saving research and development of new drugs and treatments. I am moved by the compelling testimony of Anthony Lesnick, a prostate cancer survivor, which appears in the House Judiciary Committee record. The proponents of this legislation argue that the United States Food and Drug Administration (USFDA) process of approval of prescription drugs cannot be relied upon to protect our citizens from harm. No drug or treatment is without risk. Our policy therefore must be based upon sound science and our best estimate of cost and benefit. Concerns about our drug approval should be advanced in Washington D.C. not here in Lansing. Proponents have cynically characterized this debate as one of putting 'people over profits', yet they ignore those many people like Anthony Lesnick whose life was saved by pharmaceuticals drugs used in combination with gene therapy. The proponents of this legislation's failure to support amendments which would have placed limitation on attorney's fees severely undermines their credibility in advancing this legislation."

Second Reading of Bills

House Bill No. 4045, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5805 (MCL 600.5805), as amended by 2002 PA 715.

The bill was read a second time.

Rep. McDowell 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. 4045, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5805 (MCL 600.5805), as amended by 2002 PA 715.

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

Roll Call No. 12 Yeas--60

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Rocca

Bauer Dillon Lahti Sak

Bennett Donigan Law, Kathleen Scott

Bieda Ebli LeBlanc Sheltrown

Brown Espinoza Leland Simpson

Byrnes Farrah Lemmons Smith, Alma

Byrum Gaffney Lindberg Smith, Virgil

Cheeks Gillard Mayes Spade

Clack Gonzales McDowell Tobocman

Clemente Hammel Meadows Vagnozzi

Condino Hammon Meisner Valentine

Constan Hood Melton Warren

Corriveau Hopgood Miller Wojno

Coulouris Jackson Moore Young

Nays--49

Acciavatti Green Marleau Pearce

Agema Griffin Meekhof Proos

Amos Hansen Meltzer Robertson

Ball Hildenbrand Moolenaar Schuitmaker

Booher Hoogendyk Moss Shaffer

Calley Horn Nitz Sheen

Casperson Huizenga Nofs Stahl

Caswell Hune Opsommer Stakoe

Caul Jones, Rick Palmer Steil

DeRoche Knollenberg Palsrok Walker

Elsenheimer LaJoy Pastor Ward

Emmons Law, David Pavlov Wenke

Garfield

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:

______

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4046, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending sections 2 and 3 (MCL 445.902 and 445.903), as amended by 2006 PA 508.

The bill was read a second time.

Rep. Agema moved to amend the bill as follows:

1. Amend page 3, following line 19, by inserting:

"(G) "SERVICE" INCLUDES LEGAL SERVICES." and relettering the remaining subdivisions.

2. Amend page 12, following line 16, by inserting:

"(MM) FAILING TO ACCURATELY REPRESENT THE RISKS INVOLVED IN THE COMMENCEMENT OF A CIVIL ACTION.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 13 Yeas--44

Acciavatti Garfield Marleau Pavlov

Agema Green Meekhof Pearce

Amos Hansen Meltzer Proos

Ball Hildenbrand Moolenaar Robertson

Booher Hoogendyk Moore Shaffer

Calley Horn Nitz Sheen

Casperson Huizenga Nofs Stahl

Caswell Hune Opsommer Stakoe

Caul Jones, Rick Palmer Steil

DeRoche Knollenberg Palsrok Ward

Emmons LaJoy Pastor Wenke

Nays--64

Accavitti Dean Johnson Rocca

Angerer Dillon Jones, Robert Sak

Bauer Donigan Law, David Schuitmaker

Bennett Ebli Law, Kathleen Scott

Bieda Elsenheimer LeBlanc Sheltrown

Brown Espinoza Leland Simpson

Byrnes Farrah Lemmons Smith, Alma

Byrum Gaffney Lindberg Smith, Virgil

Cheeks Gillard Mayes Spade

Clack Gonzales McDowell Tobocman

Clemente Griffin Meadows Vagnozzi

Condino Hammel Meisner Valentine

Constan Hammon Melton Walker

Corriveau Hood Miller Warren

Coulouris Hopgood Moss Wojno

Cushingberry Jackson Polidori Young

In The Chair: Sak

Rep. Condino moved to amend the bill as follows:

1. Amend page 12, line 13, after "(ll)" by striking out "FAILING" and inserting "FAILURE, ON THE PART OF A MANUFACTURER OR PRODUCER,".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4046, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending sections 2 and 3 (MCL 445.902 and 445.903), as amended by 2006 PA 508.

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

Roll Call No. 14 Yeas--58

Accavitti Cushingberry Jones, Robert Rocca

Angerer Dean Law, Kathleen Sak

Bauer Dillon LeBlanc Scott

Bennett Donigan Leland Sheltrown

Bieda Ebli Lemmons Simpson

Brown Espinoza Lindberg Smith, Alma

Byrnes Farrah Mayes Smith, Virgil

Byrum Gillard McDowell Spade

Cheeks Gonzales Meadows Tobocman

Clack Hammel Meisner Vagnozzi

Clemente Hammon Melton Valentine

Condino Hood Miller Warren

Constan Hopgood Moore Wojno

Corriveau Jackson Polidori Young

Coulouris Johnson

Nays--49

Acciavatti Garfield Marleau Pearce

Agema Green Meekhof Proos

Amos Griffin Meltzer Robertson

Ball Hansen Moolenaar Schuitmaker

Booher Hildenbrand Moss Shaffer

Calley Hoogendyk Nitz Sheen

Casperson Huizenga Nofs Stahl

Caswell Hune Opsommer Stakoe

Caul Jones, Rick Palmer Steil

DeRoche Knollenberg Palsrok Walker

Elsenheimer LaJoy Pastor Ward

Emmons Law, David Pavlov Wenke

Gaffney

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:

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that when the House adjourns today it stand adjourned until Tuesday, February 27, at 1:30 p.m. The motion prevailed.

Reps. Sak, Accavitti, Ball, Bieda, Byrum, Clack, Constan, Dean, Gillard, Gonzales, Green, Hammel, Hammon, Hansen, Hopgood, Huizenga, Johnson, Kathleen Law, Lemmons, McDowell, Polidori, Proos, Shaffer, Sheltrown, Alma Smith, Spade, Stahl, Tobocman, Vagnozzi and Warren offered the following resolution:

House Resolution No. 24.

A resolution proclaiming February 22, 2007, as Go Red at the Capitol Day in Michigan.

Whereas, Heart diseases is the number one cause of death in the United States; and

Whereas, Cardiovascular diseases are the leading cause of death among women; and

Whereas, One in five females in the United States have some form of cardiovascular disease; and

Whereas, Heart attack, stroke, and other cardiovascular diseases claim the lives of more than half a million women each year, nearly twice as many as all forms of cancer, including breast cancer; and

Whereas, February is National American Heart Month; and

Whereas, In an effort to prevent the increase of heart disease in woman and heighten awareness of these diseases the American Heart Association has developed the Go Red for Woman movement; and

Whereas, The Go Red for Woman movement invites woman to take charge of their heart health as a top priority to live stronger, longer lives; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize February 22, 2007, as Go Red at the Capitol Day in recognition of the American Heart Association and their Go Red for Woman campaign; and be it further

Resolved, That we urge all our colleagues and Michigan citizens to wear red in recognition of their family members, friends, and neighbors who have suffered from heart disease and as a show of support in the fight against these diseases.

Pending the reference of the resolution to a committee,

Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Rep. Agema offered the following resolution:

House Resolution No. 25.

A resolution to memorialize Congress to fully fund the states' efforts to implement the Real ID Act of 2005.

Whereas, Congress enacted the Real ID Act in 2005, which mandates that beginning in May 2008, a state driver's license cannot be used for any federal purpose such as boarding an airplane or entering a federal building, unless the driver's license meets specific national standards. Federal requirements include a digital image of the cardholder's face, proof of legal status, and card security features. In addition, states will be required to link their record-keeping systems to a national database; and

Whereas, Implementation costs are estimated at $11 billion nationwide over the first five years of the Real ID program. Additionally, the federal government has not yet issued rules or regulations detailing what the cards should look like and what information is necessary to obtain a card. States have been left with potentially exorbitant implementation costs and little time to prepare and change over to the Real ID; and

Whereas, The National Conference of State Legislatures has completed a study detailing the costs of the Real ID program. NCSL notes that states and the federal government will need federal funds to properly implement this program.NCSL urges Congress to appropriate at least $1 billion in new funding. It is important that states have both the time and resources to properly implement the federally mandated Real ID Act; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress to fully fund the states' efforts to implement the Real ID Act of 2005; 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 New Economy and Quality of Life.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, February 22:

House Bill Nos. 4305 4306 4307 4308

The Clerk announced that the following Senate bill had been received on Thursday, February 22:

Senate Bill No. 1

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 21, 2007

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

Absent: Rep. Brandenburg

Excused: Rep. Brandenburg

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 22, 2007

Present: Reps. Angerer, Simpson, Byrum, Clack, Corriveau, Coulouris, Donigan, Hammon, Robert Jones, Valentine, Wojno, Gaffney, Hune, Marleau, Green, Ball and Calley

Absent: Rep. Ward

Excused: Rep. Ward

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 22, 2007

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

Absent: Reps. Farrah, Condino and David Law

Excused: Reps. Farrah, Condino and David Law

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 22, 2007

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

Messages from the Senate

Senate Bill No. 1, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 105b.

The Senate has passed the bill.

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

Notices

February 22, 2007

Mr. Richard J. Brown, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48909

Dear Mr. Clerk:

I hereby create the Subcommittee on Investigations of the Standing Committee on Appropriations for the 2007-2008 Legislative Session and appoint the following Members of the 94th Legislature to the subcommittee:

Investigations

Reps. Cushingberry (C), Jackson (Maj. VC), Nofs (Min. VC)

Sincerely,

Representative George Cushingberry Jr., Chair

House Appropriations Committee

Introduction of Bills

Reps. Hansen, Brandenburg, Proos, Booher and Caul introduced

House Bill No. 4309, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 20i (MCL 791.220i), as added by 2006 PA 351.

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

Rep. LaJoy introduced

House Bill No. 4310, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 9a (MCL 247.659a), as amended by 2002 PA 499.

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

Rep. Cushingberry introduced

House Bill No. 4311, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12 of chapter IX (MCL 769.12), as amended by 1998 PA 317.

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

Rep. Cushingberry introduced

House Bill No. 4312, entitled

A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," (MCL 125.2001 to 125.2094) by adding section79.

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

Reps. Corriveau, LeBlanc, Tobocman, Byrum, Clemente, Meadows, Condino, Angerer, Simpson, Brown, Spade, Valentine, Young, Lahti, Lindberg, McDowell, Ebli, Polidori, Byrnes, Kathleen Law, Vagnozzi, Constan, Bieda, Wojno, Gillard, Hopgood, Sak, Hammel, Miller, Espinoza, Mayes, Ward, Pearce, Wenke and Dean introduced

House Bill No. 4313, entitled

A bill to amend 1978 PA 472, entitled "An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts," by amending section 6a (MCL 4.416a), as added by 1994 PA 383.

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

Reps. Polidori, Brown, Bennett, Spade, Gonzales, Lemmons, Simpson, Wojno, Hood, Vagnozzi, Lindberg, Donigan, Hammel, Hammon, Johnson, Kathleen Law, Hopgood, Scott, Sheltrown, Accavitti, Miller, Leland, Constan, Warren, Alma Smith, Virgil Smith, Clemente and Cheeks introduced

House Bill No. 4314, entitled

A bill to amend 2000 PA 92, entitled "Food law of 2000," by amending section 4115 (MCL 289.4115) and by adding section 4115a.

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

Reps. Bieda, Tobocman, Corriveau, Clemente, Meadows, Brown, Polidori, Condino and Mayes introduced

House Bill No. 4315, entitled

A bill to amend 1968 PA 318, entitled "An act to implement the provisions of section 10 of article 4 of the constitution relating to substantial conflicts of interest on the part of members of the legislature and state officers in respect to contracts with the state and the political subdivisions thereof; to provide for penalties for the violation thereof; to repeal all acts and parts of acts in conflict with this act; and to validate certain contracts," by amending section 2 (MCL 15.302).

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

Announcements by the Clerk

Following is a change to the schedule of the Standing Committee on Agriculture for the 2007-2008 Legislative Session:

Wednesdays 2:30 p.m./after session 307 House Office Building

______

Rep. Sheltrown moved that the House adjourn.

The motion prevailed, the time being 2:40 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, February 27, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives