No. 57
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Wednesday, June 6, 2007.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Dillon--present Lahti--present Pearce--present
Acciavatti--present Donigan--present LaJoy--present Polidori--present
Agema--present Ebli--present Law, David--present Proos--present
Amos--present Elsenheimer--present Law, Kathleen--present Robertson--present
Angerer--present Emmons--present LeBlanc--present Rocca--present
Ball--present Espinoza--present Leland--present Sak--present
Bauer--present Farrah--present Lemmons--present Schuitmaker--present
Bennett--present Gaffney--present Lindberg--present Scott--present
Bieda--present Garfield--present Marleau--present Shaffer--present
Booher--present Gillard--present Mayes--present Sheen--present
Brandenburg--present Gonzales--present McDowell--present Sheltrown--present
Brown--present Green--present Meadows--present Simpson--present
Byrnes--present Griffin--present Meekhof--present Smith, Alma--present
Byrum--present Hammel--present Meisner--present Smith, Virgil--present
Calley--present Hammon--present Melton--present Spade--present
Casperson--present Hansen--present Meltzer--present Stahl--present
Caswell--present Hildenbrand--present Miller--present Stakoe--present
Caul--present Hood--present Moolenaar--present Steil--present
Cheeks--present Hoogendyk--present Moore--present Tobocman--present
Clack--present Hopgood--present Moss--present Vagnozzi--present
Clemente--present Horn--present Nitz--present Valentine--present
Condino--present Huizenga--present Nofs--present Walker--present
Constan--present Hune--present Opsommer--present Ward--present
Corriveau--present Jackson--present Palmer--present Warren--present
Coulouris--present Johnson--present Palsrok--present Wenke--present
Cushingberry--present Jones, Rick--present Pastor--present Wojno--present
Dean--present Jones, Robert--present Pavlov--present Young--present
DeRoche--excused Knollenberg--present
e/d/s = entered during session
Rep. Mark S. Meadows, from the 69th District, offered the following invocation:
"Brothers and sisters, let us praise the Lord.
Gracious God, grant us guidance in discharging our responsibilities to the people and in discharging our duty to You,
Enter our hearts and help us escape routines of thought, word and deed that have a tendency towards selfishness;
Enter our hearts and make sure that in making decisions we never overlook the poor and hungry;
Enter our hearts and help us remember that our decisions are not about us but rather about the people we represent;
Enter our hearts and make sure that we never turn a deaf ear to the oppressed or lose patience with the disadvantaged;
Enter our hearts and help us to discharge the responsibility You gave us as stewards of the earth;
Enter our hearts and help us to live up to Your standards of truth, justice, humility, service, compassion, forgiveness and love.
Lord in Your mercy help us to trust the power that brought Jesus from death to life and brings us Your forgiveness.
Praise the Lord. Amen."
______
Rep. Booher moved that Rep. DeRoche be excused from today's session.
The motion prevailed.
Motions and Resolutions
Reps. Hansen, Palsrok, Walker, Gaffney, Sheltrown, Casperson, Elsenheimer, Proos, Huizenga, Meekhof, McDowell, Booher, Bennett, Valentine, Lindberg, Lahti, Brown, Mayes, Espinoza, Gillard, Kathleen Law, Nitz, Brandenburg, Emmons, Accavitti, Bauer, Byrnes, Caswell, Caul, Constan, Dean, Farrah, Garfield, Green, Hammel, Hammon, Hopgood, Robert Jones, LeBlanc, Marleau, Meadows, Moore, Pastor, Pavlov, Pearce, Rocca, Shaffer, Stahl, Steil, Tobocman and Clack offered the following resolution:
House Resolution No. 129.
A resolution to memorialize the Congress of the United States to provide funding to the United States Army Corps of Engineers for dredging recreational harbors in Michigan.
Whereas, Recreational boating is a popular activity and a key component of Michigan's and the other Great Lakes states' tourism industry. In Michigan alone, recreational boating on the Great Lakes contributes nearly $3 billion annually and more than 20,000 jobs to the state's economy; and
Whereas, Regular dredging is needed to keep recreational harbors open to boaters in Michigan and the other Great Lakes states. Natural shoaling exacerbated by continued low lake levels has left many recreational harbors too shallow for boaters to enter safely, jeopardizing local communities and businesses that depend on these boaters; and
Whereas, The federal budget does not include any money for dredging recreational harbors maintained in the past by the United States Army Corp of Engineers. This lack of funding could cripple the Great Lakes recreational boating industry, impacting millions of boaters and the businesses and communities they support. The relatively small federal investment needed to maintain these harbors is insignificant compared to the billions of dollars and thousands of jobs generated; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to provide funding to the United States Army Corps of Engineers for dredging recreational harbors in Michigan; 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 Tourism, Outdoor Recreation and Natural Resources.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL § 18.1246.
Reps. Warren, Bauer, Bennett, Byrnes, Condino, Constan, Dean, Farrah, Hammel, Hopgood, LeBlanc, Lemmons, Mayes, McDowell, Meadows, Melton, Sak, Tobocman, Vagnozzi and Clack offered the following concurrent resolution:
House Concurrent Resolution No. 27.
A concurrent resolution to revise the total project cost of the Technical and Industrial Building Renovations project at Washtenaw Community College.
Whereas, The Washtenaw Community College Technical and Industrial Building Renovations project plans were approved by the Joint Capital Outlay Subcommittee on December 1, 2005; and
Whereas, The Washtenaw Community College Technical and Industrial Building Renovations project was authorized with a total project cost of $7,185,000 in 2005 PA 297; and
Whereas, The Washtenaw Community College Technical and Industrial Building Renovations project was expanded in scope and increased in cost to a revised total cost of $10,685,000 in Senate Concurrent Resolution No. 63 of 2006; and
Whereas, Washtenaw Community College has estimated that the total cost to construct the revised Technical and Industrial Building Renovations project has increased to $13,985,000; and
Whereas, Washtenaw Community College has agreed to fund the increase in the project cost of $3,300,000, with the state commitment remaining at $3,000,000; and
Whereas, Pursuant to section 246 of 1984 PA 431, as amended, being MCL § 18.1246, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans and construction; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Michigan Legislature recognizes the need to increase the total authorized cost to construct the Washtenaw Community College Technical and Industrial Building Renovations project to an amount not to exceed $13,985,000 (State Building Authority share $2,999,800 and the State General Fund/General Purpose share $200; and the Washtenaw Community College share $10,985,000) and that the legislature intends to continue to appropriate funds for construction subject to the limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further
Resolved, That copies of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, the State Building Authority, and the Washtenaw Community College Board of Trustees.
The concurrent resolution was referred to the Committee on Appropriations.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, June 6:
House Bill Nos. 4872 4873 4874 4875 4876
Senate Bill Nos. 568 569 570
The Clerk announced that the following Senate bills had been received on Wednesday, June 6:
Senate Bill Nos. 117 351 492
Reports of Standing Committees
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 4789, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections81101, 81134, 81136, 81137, 81141, and 81144 (MCL 324.81101, 324.81134, 324.81136, 324.81137, 324.81141, and 324.81144), section 81101 as amended by 2004 PA 587, section 81134 as amended by 2001 PA 12, sections 81136 and 81141 as amended by 1996 PA 175, and sections 81137 and 81144 as added by 1995 PA 58; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca
Nays: None
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 4794, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections80101, 80171, 80176, 80177, 80178, 80184, 80186, and 80187 (MCL 324.80101, 324.80171, 324.80176, 324.80177, 324.80178, 324.80184, 324.80186, and 324.80187), section 80101 as amended by 2004 PA 547, sections 80171 and 80186 as added by 1995 PA 58, sections 80176, 80177, and 80178 as amended by 2001 PA 12, and sections 80184 and 80187 as amended by 1996 PA 174.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca
Nays: None
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 4795, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections82101, 82127, 82128, 82129, 82136, 82139, 82140, 82142, 82143, 82144, 82146, and 82148 (MCL 324.82101, 324.82127, 324.82128, 324.82129, 324.82136, 324.82139, 324.82140, 324.82142, 324.82143, 324.82144, 324.82146, and 324.82148), sections 82101 and 82148 as amended by 2005 PA 175, section 82127 as amended by 2001 PA 12, sections 82128 and 82129 as amended by 1999 PA 22, sections 82136, 82142, and 82146 as added by 1995 PA 58, and sections 82139, 82140, 82143, and 82144 as amended by 1996 PA 183.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca
Nays: None
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 4813, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13g of chapter XVII (MCL 777.13g), as amended by 2003 PA 232.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Condino, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, June 6, 2007
Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca
The Committee on Energy and Technology, by Rep. Accavitti, Chair, reported
House Resolution No. 121.
A resolution to memorialize the Congress of the United States to encourage expansion of existing or the construction of new petroleum refineries in the United States to meet our increasing energy needs.
(For text of resolution, see House Journal No. 52, p. 781.)
With the recommendation that the resolution be adopted.
The resolution was laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Accavitti, Mayes, Angerer, Brown, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Melton, Miller, Nofs, Garfield, Horn and Opsommer
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Accavitti, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Wednesday, June 6, 2007
Present: Reps. Accavitti, Mayes, Angerer, Brown, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Melton, Miller, Nofs, Palsrok, Garfield, Huizenga, Horn and Opsommer
Absent: Reps. Clemente and Moolenaar
Excused: Reps. Clemente and Moolenaar
The Committee on Intergovernmental, Urban and Regional Affairs, by Rep. Byrum, Chair, reported
House Bill No. 4052, entitled
A bill to amend 1967 PA 288, entitled "Land division act," by amending section 108 (MCL 560.108), as added by 1996 PA 591.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Byrum, Coulouris, Meadows, Pavlov, Nitz, Meekhof and Opsommer
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrum, Chair, of the Committee on Intergovernmental, Urban and Regional Affairs, was received and read:
Meeting held on: Wednesday, June 6, 2007
Present: Reps. Byrum, Coulouris, Farrah, Meadows, Pavlov, Nitz, Meekhof and Opsommer
Absent: Reps. Young, Johnson and Tobocman
Excused: Reps. Young, Johnson and Tobocman
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 4764, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 37 (MCL 211.37), as amended by 1994 PA 415.
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. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bieda, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, June 6, 2007
Present: Reps. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Absent: Reps. Farrah and Sheltrown
Excused: Reps. Farrah and Sheltrown
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
House Resolution No. 53.
A resolution to memorialize the Congress of the United States to enact legislation to increase funding for veterans health programs and to reform budget practices to assure that veterans health care needs are addressed by direct rather than discretionary funding.
(For text of resolution, see House Journal No. 29, p. 369.)
With the recommendation that the resolution be adopted.
The resolution was laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Polidori, Brown, Dean, Lemmons, Sheltrown, Emmons, Garfield, Pastor and Horn
Nays: None
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
House Resolution No. 111.
A resolution applauding the Tuskegee Airmen for the receipt of the Congressional Gold Medal and for their exemplary service to our state and the nation.
(For text of resolution, see House Journal No. 48, p. 716.)
With the recommendation that the resolution be adopted.
The resolution was laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Polidori, Brown, Dean, Lemmons, Emmons, Garfield, Pastor and Horn
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Polidori, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:
Meeting held on: Wednesday, June 6, 2007
Present: Reps. Polidori, Brown, Dean, Lemmons, Sheltrown, Emmons, Garfield, Pastor and Horn
Messages from the Senate
House Concurrent Resolution No. 23.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Projects-Phase I and II Group B General Office Building Renovations.
(For text of resolution, see House Journal No. 48, p. 717.)
The Senate has adopted the concurrent resolution and named Senators Clarke, Gleason and Switalski as co-sponsors.
The concurrent resolution was referred to the Clerk for record.
House Concurrent Resolution No. 24.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Projects-Phase I and II Group C Grand Rapids State Office Building Renovations.
(For text of resolution, see House Journal No. 48, p. 718.)
The Senate has adopted the concurrent resolution and named Senators Clarke, Gleason and Switalski as co-sponsors.
The concurrent resolution was referred to the Clerk for record.
Senate Bill No. 117, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 627 (MCL 257.627), as amended by 2006 PA 85.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 351, entitled
A bill to amend 1972 PA 106, entitled "Highway advertising act of 1972," by amending section 4 (MCL 252.304), as amended by 2006 PA 448.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 492, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 724 (MCL 257.724), as amended by 2005 PA 179.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Communications from State Officers
The following communication from the Department of Labor and Economic Growth was received and read:
May 31, 2007
The enclosed proposed dispute resolution process is being submitted on behalf of the Michigan Public Service Commission in accordance with Section 10(3) of the Uniform Video Services Local Franchise Agreement Act of 2006. The report will be made available on the Commission's website at www.michigan.gov/mpsc.
The purpose of this report is to provide a proposed process for the Michigan Public Service Commission when reviewing and resolving video franchising disputes that were not already resolved between the provider and the customer, as well as unresolved disputes between providers, and also providers and franchise entities.
With respect to customer complaints against video providers, the Commission notes that the substantive protections conferred by existing law are set forth in Section 10(1) of the Video Act, MCL 484.3310(1). The following are prohibited:
(a) false, misleading, or deceptive representations or material omissions regarding the rates, terms, or conditions of service;
(b) cramming;
(c) imposing charges for canceled services;
(d) confusing or misleading practices that cause misunderstandings of legal rights, obligations, or remedies;
(e) representing or implying the performance of services promptly or within a specified time, with knowledge or reason to know that the deadline will not be met;
(f) sales presentations that cause coercion or duress.
Because Section 10(1) is explicit, yet limited in scope, it is doubtful whether the Commission would be able to provide substantive redress for any complaint that does not specifically allege prohibited forms of conduct. For example, the ability to provide meaningful or satisfactory solutions for common billing matters, service quality or outages, or delay in repairs, would be in doubt, and customers may become frustrated if they perceive that there is no legal remedy for legitimate grievances.
Very truly yours,
J. Peter Lark, Chairman
Michigan Public Service Commission
Laura Chappelle, Commissioner
Michigan Public Service Commission
Monica Martinez, Commissioner
Michigan Public Service Commission
The communication was referred to the Clerk.
The following communication from the Department of Civil Service was received and read:
May 31, 2007
Enclosed is the Fiscal Analysis Report for the Department of Civil Service for fiscal year 2006.
This report is provided in accordance with Article XI, Section 5 of the Constitution of the State of Michigan.
Sincerely,
James D. Farrell
State Personnel Director
The communication was referred to the Clerk.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 194, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1311g (MCL 380.1311g), as amended by 2005 PA 28.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 191 Yeas--109
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Agema Elsenheimer Law, David Proos
Amos Emmons Law, Kathleen Robertson
Angerer Espinoza LeBlanc Rocca
Ball Farrah Leland Sak
Bauer Gaffney Lemmons Schuitmaker
Bennett Garfield Lindberg Scott
Bieda Gillard Marleau Shaffer
Booher Gonzales Mayes Sheen
Brandenburg Green McDowell Sheltrown
Brown Griffin Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Byrum Hammon Meisner Smith, Virgil
Calley Hansen Melton Spade
Casperson Hildenbrand Meltzer Stahl
Caswell Hood Miller Stakoe
Caul Hoogendyk Moolenaar Steil
Cheeks Hopgood Moore Tobocman
Clack Horn Moss Vagnozzi
Clemente Huizenga Nitz Valentine
Condino Hune Nofs Walker
Constan Jackson Opsommer Ward
Corriveau Johnson Palmer Warren
Coulouris Jones, Rick Palsrok Wenke
Cushingberry Jones, Robert Pastor Wojno
Dean Knollenberg Pavlov Young
Dillon
Nays--0
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,"
The House agreed to the full title.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4275, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 809 (MCL 257.809), as amended by 2005 PA 141.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Tobocman moved that consideration of the bill be postponed for the day.
The motion prevailed.
Second Reading of Bills
House Bill No. 4673, entitled
A bill to amend 1961 PA 39, entitled "An act to regulate insurance, bankruptcy, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, trustee's removal and closing out sales, and sales of goods, wares and merchandise damaged by fire, smoke, water or otherwise; to provide penalties for the violation hereof; and to repeal certain acts and parts of acts," by amending section 6 (MCL 442.216).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Commerce,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Byrnes moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4493, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2007; and to provide for the expenditure of the appropriations.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Cushingberry moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Reps. Hansen, Elsenheimer, Walker and Booher moved to amend the bill as follows:
1. Amend page 17, line 16, by striking out "$300,000" and inserting "$450,000".
2. Amend page 17, line 21, by striking out "$0" and inserting "$150,000" and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Cushingberry 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. 4493, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2007; and to provide for the expenditure of the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 192 Yeas--83
Accavitti Cushingberry Jones, Rick Polidori
Angerer Dean Jones, Robert Proos
Ball Dillon Lahti Robertson
Bauer Donigan LaJoy Rocca
Bennett Ebli Law, David Sak
Bieda Emmons Law, Kathleen Scott
Booher Espinoza LeBlanc Sheltrown
Brown Farrah Leland Simpson
Byrnes Gillard Lemmons Smith, Alma
Byrum Gonzales Lindberg Smith, Virgil
Calley Green Mayes Spade
Casperson Griffin McDowell Stahl
Caswell Hammel Meadows Tobocman
Caul Hammon Meisner Vagnozzi
Cheeks Hansen Melton Valentine
Clack Hood Miller Walker
Clemente Hopgood Moolenaar Warren
Condino Horn Nitz Wenke
Constan Huizenga Nofs Wojno
Corriveau Jackson Palsrok Young
Coulouris Johnson Pearce
Nays--26
Acciavatti Hildenbrand Moore Schuitmaker
Agema Hoogendyk Moss Shaffer
Amos Hune Opsommer Sheen
Brandenburg Knollenberg Palmer Stakoe
Elsenheimer Marleau Pastor Steil
Gaffney Meekhof Pavlov Ward
Garfield Meltzer
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Tobocman moved to amend the title to read as follows:
A bill to make, supplement, and adjust appropriations for various state departments and agencies, capital outlay, the legislative branch, and the judicial branch for the fiscal year ending September 30, 2007; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Meekhof, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I can not approve this additional spending that is over and above the departments budget for 07. Department heads must be held accountable for their poor job performance, and voting for additional money to cover this poor performance is not in the best interests of the tax payers of Michigan."
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4208, entitled
A bill to amend 1982 PA 204 entitled "Deaf persons' interpreters act," by amending the title and sections 2, 3, 4, 5, 6, 7, and 8 (MCL 393.502, 393.503, 393.504, 393.505, 393.506, 393.507, and 393.508), section 8 as amended by 1988 PA 435, and by adding sections 3a, 8a, and 8b.
(The bill was received from the Senate on May 22, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 23, see House Journal No. 50, p. 752.)
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
Rep. Spade moved to amend the Senate substitute (S-3) as follows:
1. Amend page 5, following line 2, by inserting:
"Enacting section 1. Subsection (1) of section 8b of the deaf persons' interpreters act, 1982 PA 204, MCL 393.508b applies to crimes committed on or after October 1, 2007." and renumbering the remaining enacting section.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
The substitute (S-3), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 193 Yeas--109
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Agema Elsenheimer Law, David Proos
Amos Emmons Law, Kathleen Robertson
Angerer Espinoza LeBlanc Rocca
Ball Farrah Leland Sak
Bauer Gaffney Lemmons Schuitmaker
Bennett Garfield Lindberg Scott
Bieda Gillard Marleau Shaffer
Booher Gonzales Mayes Sheen
Brandenburg Green McDowell Sheltrown
Brown Griffin Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Byrum Hammon Meisner Smith, Virgil
Calley Hansen Melton Spade
Casperson Hildenbrand Meltzer Stahl
Caswell Hood Miller Stakoe
Caul Hoogendyk Moolenaar Steil
Cheeks Hopgood Moore Tobocman
Clack Horn Moss Vagnozzi
Clemente Huizenga Nitz Valentine
Condino Hune Nofs Walker
Constan Jackson Opsommer Ward
Corriveau Johnson Palmer Warren
Coulouris Jones, Rick Palsrok Wenke
Cushingberry Jones, Robert Pastor Wojno
Dean Knollenberg Pavlov Young
Dillon
Nays--0
In The Chair: Sak
The House agreed to the title as amended.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Tobocman moved that a respectful message be sent to the Senate requesting the return of House Bill No. 4383.
The motion prevailed.
Rep. Tobocman moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Reports of Standing Committees
The Committee on Families and Children's Services, by Rep. Clack, Chair, reported
House Bill No. 4737, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2004 PA 475.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Clack, Dean, Accavitti, Hammon, Wojno, Sheen, Stahl, Hoogendyk and Palmer
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Clack, Chair, of the Committee on Families and Children's Services, was received and read:
Meeting held on: Wednesday, June 6, 2007
Present: Reps. Clack, Dean, Accavitti, Hammon, Wojno, Sheen, Stahl, Hoogendyk and Palmer
Introduction of Bills
Rep. Melton introduced
House Bill No. 4877, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 2004 PA 173.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Hansen introduced
House Bill No. 4878, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1527 (MCL 380.1527), as added by 1995 PA 289.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Bieda introduced
House Bill No. 4879, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 4s.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
Reps. Griffin and Hopgood introduced
House Bill No. 4880, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2006 PA 562.
The bill was read a first time by its title and referred to the Committee on Transportation.
______
Rep. Robert Jones moved that the House adjourn.
The motion prevailed, the time being 3:55 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, June 7, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives