No. 102

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature


REGULAR SESSION OF 2007


House Chamber, Lansing, Monday, October 1, 2007.

12:01 a.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--excused Ebli--present Law, David--present Proos--present

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Cushingberry--present Jones, Rick--present Pastor--present Wojno--present

Dean--present Jones, Robert--present Pavlov--present Young--present

DeRoche--present Knollenberg--present

e/d/s = entered during session

Rep. Glenn Steil, Jr., from the 72nd District, offered the following invocation:

"Dear God, thank You for giving all of us the opportunity today to share in the fellowship of one another. We ask for Your blessing and presence on this occasion and ask that together we may prove ourselves mindful of Your favor and eager to do Your will.

We know You have given us the tools needed to live according to Your righteousness and word and only hope that on this day and all others we can perceive what is right, and seek first Your honor and glory.

Lord, as You look over us today, please bless this governing body of our elected officials and the staff members, employees and volunteers who dedicate their time and energy to make this state a better place for all of God's children. May we continue to use Your spirit of wisdom to spread peace and justice at home, and through obedience to Your principles, display Your greatness through the authority of government.

In closing, we pray that our conversations and attitudes today will be pleasing to You and that we enjoy the time we have to spend together on this beautiful day.

All of which we pray through Your name, Amen."

______

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

The motion prevailed.

Rep. Nitz moved that Rep. Steil be excused temporarily from today's session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4882, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 2, 3, 4, and 7 (MCL 205.92, 205.93, 205.94, and 205.97), sections 2, 3, and 4 as amended by 2004 PA 172.

(The bill was received from the Senate on September 30, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 101, p. 1668.)

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

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

Roll Call No. 443 Yeas--56

Accavitti Coulouris Jackson Polidori

Angerer Cushingberry Johnson Sak

Bauer Dean Jones, Robert Scott

Bennett Dillon Lahti Sheltrown

Bieda Donigan Law, Kathleen Simpson

Brown Ebli LeBlanc Smith, Alma

Byrnes Espinoza Leland Smith, Virgil

Byrum Farrah Lemmons Spade

Cheeks Gillard Lindberg Tobocman

Clack Gonzales Mayes Vagnozzi

Clemente Griffin McDowell Valentine

Condino Hammon Meadows Warren

Constan Hood Meisner Wojno

Corriveau Hopgood Melton Young

Nays--52

Acciavatti Garfield Marleau Pavlov

Amos Green Meekhof Pearce

Ball Hammel Meltzer Proos

Booher Hansen Miller Robertson

Brandenburg Hildenbrand Moolenaar Rocca

Calley Hoogendyk Moore Schuitmaker

Casperson Horn Moss Shaffer

Caswell Huizenga Nitz Sheen

Caul Hune Nofs Stahl

DeRoche Jones, Rick Opsommer Stakoe

Elsenheimer Knollenberg Palmer Walker

Emmons LaJoy Palsrok Ward

Gaffney Law, David Pastor Wenke

In The Chair: Sak

The House agreed to the full title.

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

Third Reading of Bills

Senate Bill No. 546, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 91 (MCL 38.1391), as amended by 2006 PA 617.

(The bill was read a third time and not passed, vote reconsidered and bill postponed for the day on September 30, see House Journal No. 101, p. 1644.)

The question being on the passage of the bill,

Rep. Tobocman moved to substitute (H-8) the bill.

The motion was seconded and the substitute (H-8) was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

Rep. Tobocman moved to amend the bill as follows:

1. Amend page 5, line 5, after "HAS" by striking out "30" and inserting "25".

2. Amend page 5, line 18, after "HAS" by striking out "30" and inserting "25".

3. Amend page 5, line 20, after "THAN" by striking out "30" and inserting "25".

4. Amend page 5, line 26, after "SERVICE" by inserting "FOR THE FIRST 10 YEARS AND 4% FOR EACH YEAR AFTER THE FIRST 10 YEARS".

5. Amend page 6, line 7, after "SYSTEM." by striking out the balance of the line through "HOURS." on line 15.

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,

Rep. Tobocman moved to amend the bill as follows:

1. Amend page 10, line 14, after "law" by inserting "and take effect".

The motion was seconded and the amendment 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. 444 Yeas--65

Acciavatti Emmons Knollenberg Pearce

Amos Espinoza Lahti Proos

Angerer Gaffney LaJoy Robertson

Ball Garfield Marleau Rocca

Booher Gonzales Mayes Schuitmaker

Brandenburg Green McDowell Shaffer

Brown Griffin Meekhof Sheen

Byrnes Hammel Meltzer Simpson

Calley Hammon Moolenaar Spade

Casperson Hansen Moss Stahl

Caswell Hildenbrand Nitz Stakoe

Caul Hoogendyk Opsommer Steil

Clack Horn Palmer Tobocman

Clemente Huizenga Palsrok Walker

DeRoche Hune Pastor Ward

Dillon Jones, Rick Pavlov Wenke

Elsenheimer

Nays--44

Accavitti Dean Law, Kathleen Polidori

Bauer Donigan LeBlanc Sak

Bennett Ebli Leland Scott

Bieda Farrah Lemmons Sheltrown

Byrum Gillard Lindberg Smith, Alma

Cheeks Hood Meadows Smith, Virgil

Condino Hopgood Meisner Vagnozzi

Constan Jackson Melton Valentine

Corriveau Johnson Miller Warren

Coulouris Jones, Robert Moore Wojno

Cushingberry Law, David Nofs Young

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 retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to prescribe penalties and provide remedies; 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.

Senate Bill No. 547, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 43a, 43b, 69c, 69f, 75, 91, and 108 (MCL 38.1343a, 38.1343b, 38.1369c, 38.1369f, 38.1375, 38.1391, and 38.1408), sections 43a and 108 as amended by 2002 PA 94, sections 43b, 69c, and 75 as amended and section 69f as added by 1989 PA 194, and section 91 as amended by 2004 PA 117, and by adding section 60.

(The bill was read a third time and not passed, vote reconsidered and bill postponed temporarily on September 30, see House Journal No. 101, p. 1645.)

The question being on the passage of the bill,

Rep. David Law moved to amend the bill as follows:

1. Amend page 4, line 17, after "LEAST" by striking out "10" and inserting "2".

The motion was not seconded.

Rep. Tobocman moved to reconsider the vote by which the House did not second the motion made by Rep. David Law.

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

The question being on the seconding of the motion made by Rep. David Law,

The motion was seconded.

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

The amendment 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. 445 Yeas--56

Acciavatti Emmons Knollenberg Proos

Amos Espinoza LaJoy Robertson

Ball Farrah Marleau Rocca

Booher Gaffney Meekhof Schuitmaker

Brandenburg Garfield Meltzer Shaffer

Brown Green Moolenaar Sheen

Byrnes Hammel Moss Sheltrown

Calley Hansen Nitz Stahl

Casperson Hildenbrand Opsommer Stakoe

Caswell Hoogendyk Palmer Steil

Caul Horn Palsrok Tobocman

DeRoche Huizenga Pastor Walker

Dillon Hune Pavlov Ward

Elsenheimer Jones, Rick Pearce Wenke

Nays--53

Accavitti Dean Law, David Nofs

Angerer Donigan Law, Kathleen Polidori

Bauer Ebli LeBlanc Sak

Bennett Gillard Leland Scott

Bieda Gonzales Lemmons Simpson

Byrum Griffin Lindberg Smith, Alma

Cheeks Hammon Mayes Smith, Virgil

Clack Hood McDowell Spade

Clemente Hopgood Meadows Vagnozzi

Condino Jackson Meisner Valentine

Constan Johnson Melton Warren

Corriveau Jones, Robert Miller Wojno

Coulouris Lahti Moore Young

Cushingberry

In The Chair: Sak

The question being on agreeing to the title of the bill,

Rep. Tobocman moved to amend the title to read as follows:

A bill to amend 1980 PA 300, entitled "An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 43a (MCL 38.1343a), as amended by 2002 PA 94, and by adding section 60.

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.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Ward moved that pursuant to House Rule 20, the Clerk of the House be authorized to enroll House bills while the House is not in session.

The motion prevailed.

Messages from the Senate

House Bill No. 5194, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 30, 51, 261, 266, and 270 (MCL 206.30, 206.51, 206.261, 206.266, and 206.270), section 30 as amended by 2005 PA 214, section 51 as amended by 1999 PA 6, section 261 as amended by 2000 PA 195, section 266 as amended by 2006 PA 52, and section 270 as amended by 2005 PA 234; and to repeal acts and parts of acts.

(For text of conference report, see House Journal No. 101, p. 1652.)

The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

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

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Monday, October 1, for her approval of the following bill:

Enrolled House Bill No. 4800 at 1:12 a.m.

Enrolled House Bill No. 5194 at 1:47 a.m.

Messages from the Governor

Date: September 30, 2007

Time: 2:16 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5242 (Public Act No. 75, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending sections 3122, 5522, 11135, 11153, 11525a, 12103, 12109, and 12112 (MCL 324.3122, 324.5522, 324.11135, 324.11153, 324.11525a, 324.12103, 324.12109, and 324.12112), section 3122 as added by 2004 PA 90, section 5522 as amended by 2005 PA 169, sections 11135, 12103, 12109, and 12112 as amended and section 11153 as added by 2001 PA 165, and section 11525a as amended by 2003 PA 153.

(Filed with the Secretary of State September 30, 2007, at 9:35 p.m.)

Date: September 30, 2007

Time: 7:28 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4668 (Public Act No. 76, I.E.), being

An act to amend 1935 PA 120, entitled "An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police," by amending section 3 (MCL 28.273), as amended by 2004 PA 359.

(Filed with the Secretary of State September 30, 2007, at 9:37 p.m.)

Date: September 30, 2007

Time: 7:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4842 (Public Act No. 77, I.E.), being

An act to amend 1979 PA 152, entitled "An act to provide for the establishment and collection of fees for the investigation, regulation, and enforcement of certain occupations and professions, and for certain agencies and businesses; to create certain funds for certain purposes; and to prescribe certain powers and duties of certain state agencies and departments," by amending sections 3, 13, 15, 17, 21, 23, 25, 27, 28, 29, 31, 37, 38, 39, 43, and 62 (MCL 338.2203, 338.2213, 338.2215, 338.2217, 338.2221, 338.2223, 338.2225, 338.2227, 338.2228, 338.2229, 338.2231, 338.2237, 338.2238, 338.2239, 338.2243, and 338.2262), sections 3 and 37 as amended by 2006 PA 645, sections 13, 15, 17, 21, 23, 25, 27, 29, 31, 38, 39, 43, and 62 as amended by 2003 PA 87, and section 28 as added by 2006 PA 490.

(Filed with the Secretary of State September 30, 2007, at 9:39 p.m.)

Date: September 30, 2007

Time: 7:32 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4849 (Public Act No. 78, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 8317 (MCL 324.8317), as amended by 2003 PA 82; and to repeal acts and parts of acts.

(Filed with the Secretary of State September 30, 2007, at 9:41 p.m.)

Date: September 30, 2007

Time: 7:34 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4860 (Public Act No. 79, I.E.), being

An act to amend 1969 PA 287, entitled "An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies," by amending sections 4 and 9b (MCL 287.334 and 287.339b), section 4 as amended by 2004 PA 280 and section 9b as added by 1997 PA 7.

(Filed with the Secretary of State September 30, 2007, at 9:43 p.m.)

Date: September 30, 2007

Time: 7:36 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4863 (Public Act No. 80, I.E.), being

An act to amend 1974 PA 93, entitled "An act to license and regulate horse riding stables and sales barns; to prescribe the duties of the department of agriculture; and to provide a penalty," by amending section 3 (MCL 287.113), as amended by 2003 PA 86.

(Filed with the Secretary of State September 30, 2007, at 9:45 p.m.)

Date: September 30, 2007

Time: 7:38 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4864 (Public Act No. 81, I.E.), being

An act to amend 1937 PA 284, entitled "An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers' proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act," by amending section 3 (MCL 287.123), as amended by 2004 PA 279.

(Filed with the Secretary of State September 30, 2007, at 9:47 p.m.)

Date: September 30, 2007

Time: 7:40 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4865 (Public Act No. 82, I.E.), being

An act to amend 1964 PA 265, entitled "An act to enact the uniform securities act relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to make uniform the law with reference to securities; and to repeal acts and parts of acts," by amending section 202 (MCL 451.602), as amended by 2003 PA 150.

(Filed with the Secretary of State September 30, 2007, at 9:49 p.m.)

Date: September 30, 2007

Time: 7:42 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4866 (Public Act No. 83, I.E.), being

An act to amend 1972 PA 284, entitled "An act to provide for the organization and regulation of corporations; to prescribe their duties, rights, powers, immunities and liabilities; to provide for the authorization of foreign corporations within this state; to prescribe the functions of the administrator of this act; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts," by amending section 1060 (MCL 450.2060), as amended by 2003 PA 106.

(Filed with the Secretary of State September 30, 2007, at 9:51 p.m.)

Date: September 30, 2007

Time: 7:44 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4862 (Public Act No. 84, I.E.), being

An act to amend 1931 PA 189, entitled "An act to regulate the sale and distribution of nursery stock, plants, and plant products; to prevent the introduction into and the dissemination within this state of insect pests and plant diseases; to provide for the destruction and control of insect pests and plant diseases; to provide for the destruction or treatment of certain plants or plant products; to provide for license and to provide for inspection; and imposing certain powers and duties on the director of agriculture; to provide for the promulgation of rules; to prescribe penalties and civil sanctions; and to provide remedies," by amending the title and sections 6, 9, and 11 (MCL 286.206, 286.209, and 286.211), the title as amended by 2005 PA 53, section 6 as amended by 1995 PA 137, section 9 as amended by 2004 PA 273, and section 11 as amended by 1984 PA 88.

(Filed with the Secretary of State September 30, 2007, at 9:53 p.m.)

Date: September 30, 2007

Time: 7:46 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4185 (Public Act No. 85, I.E.), being

An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending section 20161 (MCL 333.20161), as amended by 2007 PA 5.

(Filed with the Secretary of State September 30, 2007, at 9:55 p.m.)

Date: September 30, 2007

Time: 7:48 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5258 (Public Act No. 86, I.E.), being

An act to amend 1993 PA 23, entitled "An act to provide for the organization and regulation of limited liability companies; to prescribe their duties, rights, powers, immunities, and liabilities; to prescribe the powers and duties of certain state departments and agencies; and to provide for penalties and remedies," by amending section 1101 (MCL 450.5101), as amended by 2003 PA 81.

(Filed with the Secretary of State September 30, 2007, at 9:57 p.m.)

Date: September 30, 2007

Time: 7:50 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5257 (Public Act No. 87, I.E.), being

An act to amend 1982 PA 162, entitled "An act to revise, consolidate, and classify the laws relating to the organization and regulation of certain nonprofit corporations; to prescribe their duties, rights, powers, immunities, and liabilities; to provide for the authorization of foreign nonprofit corporations within this state; to impose certain duties on certain state departments; to prescribe fees; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts," by amending section 1060 (MCL 450.3060), as amended by 2003 PA 107.

(Filed with the Secretary of State September 30, 2007, at 9:59 p.m.)

Date: September 30, 2007

Time: 7:54 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4228 (Public Act No. 89, I.E.), being

An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 760.1 to 777.69) by adding section 11b to chapter VI.

(Filed with the Secretary of State September 30, 2007, at 10:03 p.m.)

Date: September 30, 2007

Time: 11:55 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5104 (Public Act No. 90), being

An act to amend 2007 PA 36, entitled "An act to provide for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations," by amending section 201 (MCL 208.1201).

(Filed with the Secretary of State September 30, 2007, at 11:57 p.m.)

______

Rep. Byrnes moved that the House adjourn.

The motion prevailed, the time being 5:30 a.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, October 2, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives