No. 41

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Thursday, May 1, 2008.

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—present Gonzales—present McDowell—present Sheltrown—present

Brown—present Green—present Meadows—present Simpson—present

Byrnes—present Griffin—present Meekhof—present Smith, Alma—present

Byrum—present Hammel—present Meisner—present Smith, Virgil—present

Calley—present Hammon—present Melton—present Spade—present

Casperson—present Hansen—present Meltzer—present Stahl—present

Caswell—present Hildenbrand—present Miller—present Stakoe—present

Caul—present Hood—present Moolenaar—present Steil—excused

Cheeks—excused 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—e/d/s 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. John Garfield, from the 45th District, offered the following invocation:

“Dear Lord, in the name of the Lord Jesus, I pray for the men and women of our armed forces. Protect them as they protect us amidst their many unknown courses. Encourage and strengthen their mind, body and soul in the execution of their duties and give them success with their goals.

Provide national and local authorities with insight for means of protection and prosperity both at home and abroad without falter. Help us to unite with leaders in law enforcement in making this country a safe shelter.

Cause our senate, fellow house members and our nation’s congress to vote wisely and sincerely. Give each of us foresight so that provision might be made for our nation’s future, for peace and not fear.

Father, I pray that our nation would learn to respect and realize those who have served our country and never forget to recognize those who have paid the ultimate sacrifice of their lives.

Thank you Father, for our many blessings. In Jesus name we pray, AMEN.”

______

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

The motion prevailed.

Rep. Booher moved that Rep. Steil be excused from today’s session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 335.

A resolution proclaiming May 2008 as Michigan Safe Digging Month

(For text of resolution, see House Journal No. 38, p. 869.)

(The resolution was reported by the Committee on Energy and Technology on April 30, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 4950, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 3 (MCL 125.2683), as amended by 2006 PA 304.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Energy and Technology,

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

Rep. Dean 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. 4950, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 3 (MCL 125.2683), as amended by 2006 PA 304.

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

Roll Call No. 354 Yeas—106

Accavitti Dillon LaJoy Pearce

Acciavatti Donigan Law, David Polidori

Agema Ebli Law, Kathleen Proos

Amos Elsenheimer LeBlanc Robertson

Angerer Emmons Leland Rocca

Ball Espinoza Lemmons Sak

Bauer Farrah Lindberg Schuitmaker

Bennett Gaffney Marleau Scott

Bieda Gillard Mayes Shaffer

Booher Gonzales McDowell Sheen

Brandenburg Green Meadows Sheltrown

Brown Griffin Meekhof Simpson

Byrnes Hammel Meisner Smith, Alma

Byrum Hammon Melton Smith, Virgil

Calley Hansen Meltzer Spade

Casperson Hildenbrand Miller Stahl

Caswell Hood Moolenaar Stakoe

Caul Hoogendyk Moore Tobocman

Clack Hopgood Moss Vagnozzi

Clemente Horn 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

DeRoche Lahti

Nays—1

Garfield

In The Chair: Sak

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

Senate Bill No. 751, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2006 PA 622.

The bill was read a second time.

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

The motion prevailed.

Rep. 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

Senate Bill No. 751, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2006 PA 622.

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

Roll Call No. 355 Yeas—106

Accavitti Dillon Lahti Pavlov

Acciavatti Donigan LaJoy Pearce

Agema Ebli Law, David Polidori

Amos Elsenheimer Law, Kathleen Proos

Angerer Emmons LeBlanc Robertson

Ball Espinoza Leland Rocca

Bauer Farrah Lemmons Sak

Bennett Gaffney Lindberg Schuitmaker

Bieda Garfield Marleau Scott

Booher Gillard Mayes Shaffer

Brandenburg Gonzales McDowell Sheltrown

Brown Green Meadows Simpson

Byrnes Griffin Meekhof Smith, Alma

Byrum Hammel Meisner Smith, Virgil

Calley Hammon Melton Spade

Casperson Hansen Meltzer Stahl

Caswell Hildenbrand Miller Stakoe

Caul Hood Moolenaar Tobocman

Clack Hoogendyk Moore Vagnozzi

Clemente Hopgood Moss Valentine

Condino Horn Nitz Walker

Constan Hune Nofs Ward

Corriveau Jackson Opsommer Warren

Coulouris Johnson Palmer Wenke

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

DeRoche Knollenberg

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 prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain 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.

Second Reading of Bills

House Bill No. 5919, entitled

A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending section 7a (MCL 252.307a), as added by 2006 PA 447.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Griffin moved to amend the bill as follows:

1. Amend page 4, line 15, after the second “PERMIT” by inserting “MUST BE SURRENDERED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION OR”.

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

Rep. Griffin 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. Huizenga entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5919, entitled

A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending section 7a (MCL 252.307a), as added by 2006 PA 447.

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 temporarily.

The motion prevailed.

Second Reading of Bills

House Bill No. 4973, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278.

The bill was read a second time.

Rep. Miller 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. 4973, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278.

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

Roll Call No. 356 Yeas—59

Accavitti Dean Jones, Robert Polidori

Angerer Dillon Lahti Schuitmaker

Bauer Donigan Law, David Scott

Bennett Ebli Law, Kathleen Sheltrown

Bieda Espinoza LeBlanc Simpson

Brown Farrah Leland Smith, Alma

Byrnes Gillard Lemmons Smith, Virgil

Byrum Gonzales Lindberg Spade

Clack Griffin Mayes Tobocman

Clemente Hammel McDowell Vagnozzi

Condino Hammon Meadows Valentine

Constan Hood Meisner Warren

Corriveau Hopgood Melton Wojno

Coulouris Jackson Miller Young

Cushingberry Johnson Palmer

Nays—49

Acciavatti Gaffney Marleau Pearce

Agema Garfield Meekhof Proos

Amos Green Meltzer Robertson

Ball Hansen Moolenaar Rocca

Booher Hildenbrand Moore Sak

Brandenburg Hoogendyk Moss Shaffer

Calley Horn Nitz Sheen

Casperson Huizenga Nofs Stahl

Caswell Hune Opsommer Stakoe

Caul Jones, Rick Palsrok Walker

DeRoche Knollenberg Pastor Ward

Elsenheimer LaJoy Pavlov Wenke

Emmons

In The Chair: Sak

The House agreed to the title of the bill.

______

Rep. Hood moved that Rep. Johnson be excused temporarily from today’s session.

The motion prevailed.

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

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

Rep. Hildenbrand demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 357 Yeas—55

Accavitti Dean Jones, Robert Schuitmaker

Angerer Dillon Lahti Scott

Bauer Donigan Law, David Sheltrown

Bieda Ebli Law, Kathleen Simpson

Brown Espinoza LeBlanc Smith, Alma

Byrnes Farrah Leland Smith, Virgil

Byrum Gillard Lemmons Spade

Clack Gonzales Lindberg Tobocman

Clemente Griffin Mayes Vagnozzi

Condino Hammel McDowell Valentine

Constan Hammon Meadows Warren

Corriveau Hood Meisner Wojno

Coulouris Hopgood Melton Young

Cushingberry Jackson Polidori

Nays—52

Acciavatti Emmons Marleau Pavlov

Agema Gaffney Meekhof Pearce

Amos Garfield Meltzer Proos

Ball Green Miller Robertson

Bennett Hansen Moolenaar Rocca

Booher Hildenbrand Moore Sak

Brandenburg Hoogendyk Moss Shaffer

Calley Horn Nitz Sheen

Casperson Huizenga Nofs Stahl

Caswell Hune Opsommer Stakoe

Caul Jones, Rick Palmer Walker

DeRoche Knollenberg Palsrok Ward

Elsenheimer LaJoy Pastor Wenke

In The Chair: Sak

Second Reading of Bills

House Bill No. 5314, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4805 (MCL 600.4805), as amended by 2003 PA 178.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,

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

Rep. Hammon 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. 5314, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4805 (MCL 600.4805), as amended by 2003 PA 178.

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

Roll Call No. 358 Yeas—108

Accavitti Dillon Knollenberg Pavlov

Acciavatti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons Law, Kathleen Robertson

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lemmons Schuitmaker

Bieda Garfield Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheen

Brown Green McDowell Sheltrown

Byrnes Griffin Meadows Simpson

Byrum Hammel Meekhof Smith, Alma

Calley Hammon Meisner Smith, Virgil

Casperson Hansen Melton Spade

Caswell Hildenbrand Meltzer Stahl

Caul Hood Miller Stakoe

Clack Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Jackson Opsommer Warren

Cushingberry Johnson Palmer Wenke

Dean Jones, Rick Palsrok Wojno

DeRoche Jones, Robert Pastor Young

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 5910, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7j (MCL 722.627j), as amended by 2004 PA 563.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families and Children’s Services,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Dean 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. 5910, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7j (MCL 722.627j), as amended by 2004 PA 563.

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

Roll Call No. 359 Yeas—82

Accavitti Dillon Law, David Palsrok

Angerer Donigan Law, Kathleen Polidori

Ball Ebli LeBlanc Proos

Bauer Emmons Leland Rocca

Bennett Espinoza Lemmons Sak

Bieda Farrah Lindberg Schuitmaker

Brown Gillard Marleau Scott

Byrnes Gonzales Mayes Shaffer

Byrum Griffin McDowell Sheltrown

Casperson Hammel Meadows Simpson

Caswell Hammon Meisner Smith, Virgil

Caul Hansen Melton Spade

Clack Hildenbrand Meltzer Stakoe

Clemente Hood Miller Tobocman

Condino Hopgood Moolenaar Vagnozzi

Constan Horn Moore Valentine

Corriveau Jackson Moss Walker

Coulouris Johnson Nitz Wenke

Cushingberry Jones, Robert Nofs Wojno

Dean Lahti Opsommer Young

DeRoche LaJoy

Nays—26

Acciavatti Gaffney Knollenberg Robertson

Agema Garfield Meekhof Sheen

Amos Green Palmer Smith, Alma

Booher Hoogendyk Pastor Stahl

Brandenburg Huizenga Pavlov Ward

Calley Hune Pearce Warren

Elsenheimer Jones, Rick

In The Chair: Sak

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Calley, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

The US Constitution guarantees due process to all citizens of this country. This bill violates that unalienable right.”

Rep. Agema, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

This bill would continue the allowance of somebody being put on the registry before they’ve even been convicted causing great harm to individuals that are not guilty. Presently we have many on this registry that are guilty of minor issues but have been placed on this for life. This whole area needs work. This is not a fix.”

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:

The problem with this bill is that it will hurt more people than it helps. Anyone convicted of child abuse whether it is physical, sexual, or neglect would be revealed in a criminal back round check. Most of time people are put on the central registry within 24 hours of being accused of some type of abuse. Many people who get put on the central registry have not been convicted of any crime and or are later exonerated, but may be on there for 9 months to a year before any decision is rendered. Many innocent people loose their jobs, because they end up on this list, but even after they are removed they don’t get there job back or their reputation. Expanding the number of people, individuals, and employers who can access this information would have little effect on the problem they desire to address, but it will most certainly damage the lives of many people financially, professionally and their reputations. The central registry abrogates the principle of ‘innocent until proven guilty’ and makes them guilty until proven innocence and that is not what the constitutional writers ever intended.”

Second Reading of Bills

House Bill No. 4330, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 36 (MCL 791.236), as amended by 2006 PA 403.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Opsommer moved to amend the bill as follows:

1. Amend page 6, line 23, after “TECHNOLOGY” by inserting “BUT DOES NOT INCLUDE ANY RADIO FREQUENCY IDENTIFICATION TECHNOLOGY, GLOBAL POSITIONING TECHNOLOGY, OR SIMILAR TECHNOLOGY THAT WOULD BE IMPLANTED IN THE PAROLEE OR WOULD OTHERWISE VIOLATE THE CORPORAL BODY OF THE PAROLEE”.

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

Rep. Condino moved to amend the bill as follows:

1. Amend page 6, line 11, after “PAROLE.” by striking out the balance of the line through “PRISONER.” on line 17.

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

Rep. Condino moved to amend the bill as follows:

1. Amend page 6, line 7, after “(18)” by striking out “A PAROLE ORDER FOR A PRISONER WHO” and inserting “IF A PRISONER”.

2. Amend page 6, line 9, after “STALKING),” by inserting “AND IF A VICTIM OF THAT CRIME HAS REGISTERED TO RECEIVE NOTICES ABOUT THAT PRISONER UNDER THE WILLIAM VAN REGENMORTER CRIME VICTIM’S RIGHTS ACT, 1985 PA 87, MCL 780.751 TO 780.834, THE PAROLE ORDER FOR THAT VICTIM”.

3. Amend page 6, line 11, after “PAROLE.” by inserting “IF, AT THE TIME A PRISONER DESCRIBED IN THIS SUBSECTION IS PAROLED, NO VICTIM OF THE CRIME HAS REGISTERED TO RECEIVE NOTICES ABOUT THAT PRISONER UNDER THE WILLIAM VAN REGENMORTER CRIME VICTIM’S RIGHTS ACT, 1985 PA 87, MCL 780.751 TO 780.834, BUT A VICTIM OF THE CRIME SUBSEQUENTLY REGISTERS TO RECEIVE THOSE NOTICES, THE PRISONER’S ORDER OF PAROLE SHALL IMMEDIATELY BE MODIFIED TO REQUIRE THAT THE PRISONER’S LOCATION BE MONITORED BY A GLOBAL POSITIONING SYSTEM DURING THE BALANCE OF THE PERIOD OF THE PRISONER’S PAROLE.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Condino moved to amend the bill as follows:

1. Amend page 6, line 7, after “(18)” by striking out “A PAROLE ORDER FOR A PRISONER WHO” and inserting “IF A PRISONER”.

2. Amend page 6, line 9, after “STALKING),” by inserting “AND IF A VICTIM OF THAT CRIME HAS REGISTERED TO RECEIVE NOTICES ABOUT THAT PRISONER UNDER THE WILLIAM VAN REGENMORTER CRIME VICTIM’S RIGHTS ACT, 1985 PA 87, MCL 780.751 TO 780.834, THE PAROLE ORDER FOR THAT PRISONER”.

3. Amend page 6, line 11, after “PAROLE.” by inserting “IF, AT THE TIME A PRISONER DESCRIBED IN THIS SUBSECTION IS PAROLED, NO VICTIM OF THE CRIME HAS REGISTERED TO RECEIVE NOTICES ABOUT THAT PRISONER UNDER THE WILLIAM VAN REGENMORTER CRIME VICTIM’S RIGHTS ACT, 1985 PA 87, MCL 780.751 TO 780.834, BUT A VICTIM OF THE CRIME SUBSEQUENTLY REGISTERS TO RECEIVE THOSE NOTICES, THE PRISONER’S ORDER OF PAROLE SHALL IMMEDIATELY BE MODIFIED TO REQUIRE THAT THE PRISONER’S LOCATION BE MONITORED BY A GLOBAL POSITIONING SYSTEM DURING THE BALANCE OF THE PERIOD OF THE PRISONER’S PAROLE.”.

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

Rep. Condino 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. 4330, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 36 (MCL 791.236), as amended by 2006 PA 403.

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

Roll Call No. 360 Yeas—108

Accavitti Dillon Knollenberg Pavlov

Acciavatti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons Law, Kathleen Robertson

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lemmons Schuitmaker

Bieda Garfield Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheen

Brown Green McDowell Sheltrown

Byrnes Griffin Meadows Simpson

Byrum Hammel Meekhof Smith, Alma

Calley Hammon Meisner Smith, Virgil

Casperson Hansen Melton Spade

Caswell Hildenbrand Meltzer Stahl

Caul Hood Miller Stakoe

Clack Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Jackson Opsommer Warren

Cushingberry Johnson Palmer Wenke

Dean Jones, Rick Palsrok Wojno

DeRoche Jones, Robert Pastor Young

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 4453, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 6b of chapter V (MCL 765.6b), as amended by 1994 PA 335.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Condino moved to amend the bill as follows:

1. Amend page 3, line 26, after “VICTIM.” by inserting “IN ADDITION, THE VICTIM MAY PROVIDE THE COURT WITH A LIST OF AREAS FROM WHICH HE OR SHE WOULD LIKE THE DEFENDANT EXCLUDED. THE COURT SHALL CONSIDER THE VICTIM’S REQUEST AND SHALL DETERMINE WHICH AREAS THE DEFENDANT SHALL BE PROHIBITED FROM ACCESSING. THE COURT SHALL INSTRUCT THE GLOBAL POSITIONING MONITORING SYSTEM TO NOTIFY THE PROPER AUTHORITIES IF THE DEFENDANT VIOLATES THE ORDER.”.

2. Amend page 4, line 25, after “TECHNOLOGY” by inserting a comma and “AND THE EXTENT TO WHICH THE SYSTEM WILL TRACK AND RECORD THE VICTIM’S LOCATION AND MOVEMENTS”.

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

Rep. Opsommer moved to amend the bill as follows:

1. Amend page 4, following line 15, by inserting:

“(B) “GLOBAL POSITIONING MONITORING SYSTEM” MEANS A SYSTEM THAT ELECTRONICALLY DETERMINES AND REPORTS THE LOCATION OF AN INDIVIDUAL BY MEANS OF AN ANKLE BRACELET TRANSMITTER OR SIMILAR DEVICE WORN BY THE INDIVIDUAL THAT TRANSMITS LATITUDE AND LONGITUDE DATA TO MONITORING AUTHORITIES THROUGH GLOBAL POSITIONING SATELLITE TECHNOLOGY BUT DOES NOT CONTAIN OR OPERATE ANY GLOBAL POSITIONING SYSTEM TECHNOLOGY OR RADIO FREQUENCY IDENTIFICATION TECHNOLOGY OR SIMILAR TECHNOLOGY THAT IS IMPLANTED IN OR OTHERWISE INVADES OR VIOLATES THE CORPOREAL BODY OF THE INDIVIDUAL.” and relettering the remaining subdivision.

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

Rep. Caul 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. 4453, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 6b of chapter V (MCL 765.6b), as amended by 1994 PA 335.

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

Roll Call No. 361 Yeas—108

Accavitti Dillon Knollenberg Pavlov

Acciavatti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons Law, Kathleen Robertson

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lemmons Schuitmaker

Bieda Garfield Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheen

Brown Green McDowell Sheltrown

Byrnes Griffin Meadows Simpson

Byrum Hammel Meekhof Smith, Alma

Calley Hammon Meisner Smith, Virgil

Casperson Hansen Melton Spade

Caswell Hildenbrand Meltzer Stahl

Caul Hood Miller Stakoe

Clack Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Jackson Opsommer Warren

Cushingberry Johnson Palmer Wenke

Dean Jones, Rick Palsrok Wojno

DeRoche Jones, Robert Pastor Young

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. Angerer, Ball, Brown, Calley, Caswell, Clack, Clemente, Condino, Espinoza, Gonzales, Griffin, Hammel, Hammon, Hildenbrand, Horn, Johnson, Robert Jones, Kathleen Law, LeBlanc, Lindberg, Mayes, McDowell, Melton, Opsommer, Palsrok, Pearce, Polidori, Sak, Schuitmaker, Sheltrown, Simpson, Spade, Stahl and Wenke were named co‑sponsors of the bill.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Byrnes to the Chair.

Second Reading of Bills

House Bill No. 5110, entitled

A bill to prohibit the sale of certain uncertified cigarettes; to provide standards for testing and fire safety certification of cigarettes; to provide remedies and civil sanctions; to provide for the powers and duties of certain state governmental officers and entities; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Regulatory Reform,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Sak moved to amend the bill as follows:

1. Amend page 10, line 2, after “embossed,” by inserting “debossed,”.

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

Rep. Hammel moved to amend the bill as follows:

1. Amend page 9, line 4, after the first “of” by striking out “$1,000.00” and inserting “$1,250.00”.

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

Rep. Sak 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. 5110, entitled

A bill to prohibit the sale of certain uncertified cigarettes; to provide standards for testing and fire safety certification of cigarettes; to provide remedies and civil sanctions; to provide for the powers and duties of certain state governmental officers and entities; and to repeal acts and parts of acts.

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

Roll Call No. 362 Yeas—92

Accavitti Dillon Lahti Pearce

Acciavatti Donigan LaJoy Polidori

Angerer Ebli Law, David Proos

Ball Elsenheimer Law, Kathleen Rocca

Bauer Emmons LeBlanc Sak

Bennett Espinoza Leland Schuitmaker

Bieda Farrah Lemmons Scott

Booher Gaffney Lindberg Shaffer

Brown Gillard Marleau Sheltrown

Byrnes Gonzales Mayes Simpson

Byrum Green McDowell Smith, Alma

Calley Griffin Meadows Smith, Virgil

Casperson Hammel Meekhof Spade

Caswell Hammon Meisner Stakoe

Caul Hansen Melton Tobocman

Clack Hood Meltzer Vagnozzi

Clemente Hopgood Miller Valentine

Condino Horn Moolenaar Walker

Constan Hune Moore Ward

Corriveau Jackson Moss Warren

Coulouris Johnson Nofs Wenke

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pavlov Young

Nays—16

Agema Garfield Knollenberg Pastor

Amos Hildenbrand Nitz Robertson

Brandenburg Hoogendyk Opsommer Sheen

DeRoche Huizenga Palmer Stahl

In The Chair: Byrnes

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Agema, 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:

While the intention of this bill is to try to save lives, the fact is it increases fines, fees and mandates all the while the companies are already moving towards this. This bill will require more government employees to enforce. Unnecessary law.”

Second Reading of Bills

House Bill No. 5111, entitled

A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 6a and 9 (MCL 205.426a and 205.429), section 6a as added by 1997 PA 187 and section 9 as amended by 2004 PA 474.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Regulatory Reform,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Sak moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Sak 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. 5111, entitled

A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 6a and 9 (MCL 205.426a and 205.429), section 6a as added by 1997 PA 187 and section 9 as amended by 2004 PA 474.

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

Roll Call No. 363 Yeas—92

Accavitti Donigan Lahti Polidori

Acciavatti Ebli LaJoy Proos

Angerer Elsenheimer Law, David Robertson

Ball Emmons Law, Kathleen Rocca

Bauer Espinoza LeBlanc Sak

Bennett Farrah Leland Schuitmaker

Bieda Gaffney Lemmons Scott

Booher Gillard Lindberg Shaffer

Brown Gonzales Marleau Sheltrown

Byrnes Green Mayes Simpson

Byrum Griffin McDowell Smith, Alma

Casperson Hammel Meadows Smith, Virgil

Caswell Hammon Meisner Spade

Caul Hansen Melton Stakoe

Clack Hood Meltzer Tobocman

Clemente Hopgood Miller Vagnozzi

Condino Horn Moolenaar Valentine

Constan Hune Moore Walker

Corriveau Jackson Moss Ward

Coulouris Johnson Nofs Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pavlov Wojno

Dillon Knollenberg Pearce Young

Nays—16

Agema DeRoche Huizenga Palmer

Amos Garfield Meekhof Pastor

Brandenburg Hildenbrand Nitz Sheen

Calley Hoogendyk Opsommer Stahl

In The Chair: Byrnes

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 1993 PA 327, entitled “Tobacco products tax act,” by amending section 9 (MCL 205.429), as amended by 2004 PA 474.

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.

______

The Speaker Pro Tempore resumed the Chair.

Second Reading of Bills

House Bill No. 5108, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5j (MCL 28.425j), as amended by 2004 PA 254.

The bill was read a second time.

Rep. Sheltrown moved to amend the bill as follows:

1. Amend page 3, line 27, after the second “TO” by striking out “WHICH BOTH” and inserting “WHOM ALL”.

2. Amend page 4, following line 15, by inserting:

“(D) THE INDIVIDUAL CERTIFIES IN WRITING THAT HE OR SHE HAS READ AND UNDERSTANDS THE COURSE MATERIALS REGARDING LAWS OF THIS STATE RELATING TO FIREARMS, INCLUDING CIVIL LIABILITY AND THE USE OF DEADLY FORCE, AS REFERRED TO IN SUBSECTION (1)(A)(iv).”.

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

Rep. Sheltrown 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. 5108, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5j (MCL 28.425j), as amended by 2004 PA 254.

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

Roll Call No. 364 Yeas—101

Accavitti Dillon Knollenberg Palsrok

Acciavatti Ebli Lahti Pastor

Agema Elsenheimer LaJoy Pavlov

Amos Emmons Law, David Pearce

Angerer Espinoza Law, Kathleen Polidori

Ball Farrah LeBlanc Proos

Bennett Gaffney Leland Robertson

Bieda Garfield Lemmons Rocca

Booher Gillard Lindberg Sak

Brandenburg Gonzales Marleau Schuitmaker

Brown Green Mayes Scott

Byrnes Griffin McDowell Shaffer

Byrum Hammel Meadows Sheen

Calley Hammon Meekhof Sheltrown

Casperson Hansen Meisner Simpson

Caswell Hildenbrand Melton Smith, Virgil

Caul Hood Meltzer Spade

Clack Hoogendyk Miller Stahl

Clemente Hopgood Moolenaar Stakoe

Condino Horn Moore Vagnozzi

Constan Huizenga Moss Valentine

Corriveau Hune Nitz Walker

Coulouris Johnson Nofs Ward

Cushingberry Jones, Rick Opsommer Wenke

Dean Jones, Robert Palmer Wojno

DeRoche

Nays—7

Bauer Jackson Tobocman Young

Donigan Smith, Alma Warren

In The Chair: Sak

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. Accavitti, Agema, Ball, Bieda, Brandenburg, Caul, Clemente, Elsenheimer, Espinoza, Garfield, Gonzales, Hammel, Huizenga, Knollenberg, LeBlanc, Marleau, Meekhof, Moore, Nitz, Nofs, Opsommer, Pastor, Pearce, Polidori, Proos, Shaffer and Spade were named co‑sponsors of the bill.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Agriculture, by Rep. Mayes, Chair, reported

Senate Bill No. 1007, entitled

A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” by amending sections 2, 3, 4, 5, 6, 7, 20, 30, 31, 33a, 41, 44, 50, 53, 60, 61, 62, 63, 68, and 69 (MCL 288.472, 288.473, 288.474, 288.475, 288.476, 288.477, 288.490, 288.500, 288.501, 288.503a, 288.511, 288.514, 288.520, 288.523, 288.530, 288.531, 288.532, 288.533, 288.538, and 288.539), section 33a as added by 2004 PA 277.

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. Mayes, Byrum, Brown, Kathleen Law, Leland, Walker, Nitz, Ball and Meekhof

Nays: None

Second Reading of Bills

Senate Bill No. 1007, entitled

A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” by amending sections 2, 3, 4, 5, 6, 7, 20, 30, 31, 33a, 41, 44, 50, 53, 60, 61, 62, 63, 68, and 69 (MCL 288.472, 288.473, 288.474, 288.475, 288.476, 288.477, 288.490, 288.500, 288.501, 288.503a, 288.511, 288.514, 288.520, 288.523, 288.530, 288.531, 288.532, 288.533, 288.538, and 288.539), section 33a as added by 2004 PA 277.

The bill was read a second time.

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

The motion prevailed.

Rep. 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

Senate Bill No. 1007, entitled

A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” by amending sections 2, 3, 4, 5, 6, 7, 20, 30, 31, 33a, 41, 44, 50, 53, 60, 61, 62, 63, 68, and 69 (MCL 288.472, 288.473, 288.474, 288.475, 288.476, 288.477, 288.490, 288.500, 288.501, 288.503a, 288.511, 288.514, 288.520, 288.523, 288.530, 288.531, 288.532, 288.533, 288.538, and 288.539), section 33a as added by 2004 PA 277.

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

Roll Call No. 365 Yeas—108

Accavitti Dillon Knollenberg Pavlov

Acciavatti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons Law, Kathleen Robertson

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lemmons Schuitmaker

Bieda Garfield Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheen

Brown Green McDowell Sheltrown

Byrnes Griffin Meadows Simpson

Byrum Hammel Meekhof Smith, Alma

Calley Hammon Meisner Smith, Virgil

Casperson Hansen Melton Spade

Caswell Hildenbrand Meltzer Stahl

Caul Hood Miller Stakoe

Clack Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Jackson Opsommer Warren

Cushingberry Johnson Palmer Wenke

Dean Jones, Rick Palsrok Wojno

DeRoche Jones, Robert Pastor Young

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 regulate the production, transportation, handling, processing, delivery, and sale of grade A milk and milk products; to define grade A milk and milk products and to establish standards and requirements for grade A milk and milk products; to provide for dairy food safety; to provide for the sampling, sampling analysis, and transportation of milk and milk products; to regulate the labeling, manufacture, distribution, and sale of milk and milk products for the protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of milk and milk products; to provide for enforcement; to provide for licenses and permits and revocation of licenses and permits; to impose certain fees; to require certain security arrangements of milk plants to ensure the prompt payment of producers; to prescribe powers and duties of certain state departments and officers; to provide for uniform standards and uniform inspection; to provide for promulgation of rules; to provide for certain remedies and 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.

Messages from the Governor

The following line items veto message from the Governor was received and read:

Executive Office, Lansing, April 25, 2008

Michigan House of Representatives

State Capitol

Lansing, Michigan 48909

Dear Legislators:

Today I have signed Enrolled House Bill 5344, the fiscal year 2008 supplemental appropriations bill for various Executive Branch agencies, Higher Education, and Judiciary. This supplemental bill funds a number of important priorities including a state trooper school, forensic laboratory operations and environmental quality programs. However, I am returning it to you because of special interest items of which I disapprove, pursuant to Article V, Section 19 of the Michigan Constitution of 1963. The specific vetoes are contained in the attached copy of the bill, which has been filed with the Secretary of State.

I have vetoed funding for business incubators in Macomb County and Washtenaw County. The Michigan Economic Development Corporation has funding for similar purposes and these agencies should compete for that funding.

In addition, section 521 is legally unenforceable since there is no appropriation contained in this bill to which the directives of section 521 could be applied.

I thank the Legislature for its work on these supplemental appropriations.

Respectfully,

Jennifer M. Granholm

Governor

The bill was signed by the Governor April 25, 2008, at 12:10 p.m.

The bill was filed with the Secretary of State April 29, 2008, at 2:30 p.m. and assigned Public Act No. 113, I.E.

The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,

Rep. Tobocman moved that the bill be re-referred to the Committee on Appropriations.

The motion prevailed.

Second Reading of Bills

House Bill No. 5730, entitled

A bill to amend 1996 PA 354, entitled “Savings bank act,” (MCL 487.3101 to 487.3804) by adding section 435.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Senior Health, Security, and Retirement,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Green moved to amend the bill as follows:

1. Amend page 2, following line 19, by inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:

(a) House Bill No. 4776.

(b) House Bill No. 4777.”.

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

Rep. Hildenbrand demanded the yeas and nays.

The demand was supported.

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

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 366 Yeas—93

Accavitti Ebli Lahti Pavlov

Acciavatti Elsenheimer LaJoy Pearce

Agema Emmons Law, David Polidori

Amos Espinoza LeBlanc Proos

Angerer Farrah Leland Robertson

Ball Gaffney Lemmons Rocca

Bennett Garfield Lindberg Sak

Bieda Gonzales Marleau Schuitmaker

Booher Green Mayes Scott

Brandenburg Griffin McDowell Shaffer

Brown Hammel Meekhof Sheen

Byrum Hansen Meisner Sheltrown

Calley Hildenbrand Melton Simpson

Casperson Hood Meltzer Smith, Alma

Caswell Hoogendyk Moolenaar Smith, Virgil

Caul Horn Moore Spade

Clemente Huizenga Moss Stahl

Corriveau Hune Nitz Stakoe

Coulouris Jackson Nofs Valentine

Cushingberry Johnson Opsommer Walker

Dean Jones, Rick Palmer Ward

DeRoche Jones, Robert Palsrok Wenke

Dillon Knollenberg Pastor Wojno

Donigan

Nays—15

Bauer Constan Law, Kathleen Vagnozzi

Byrnes Gillard Meadows Warren

Clack Hammon Miller Young

Condino Hopgood Tobocman

In The Chair: Sak

Rep. Calley moved to amend the bill as follows:

1. Amend page 2, following line 19, by inserting:

“(3) A SAVINGS BANK IN COMPLIANCE WITH THE FEDERAL TRUTH IN SAVINGS ACT WOULD BE EXEMPT FROM THE REQUIREMENTS IN SUBSECTION (1).”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Sheen moved to amend the bill as follows:

1. Amend page 2, following line 19, by inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:

(a) House Bill No. 5731.

(b) House Bill No. 5732.

(c) House Bill No. 5733.”.

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

Rep. Sheen demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 367 Yeas—54

Acciavatti Gaffney Meekhof Proos

Agema Garfield Meltzer Robertson

Amos Green Moolenaar Rocca

Ball Hansen Moore Sak

Bieda Hildenbrand Moss Schuitmaker

Booher Hoogendyk Nitz Shaffer

Brandenburg Horn Nofs Sheen

Calley Huizenga Opsommer Stahl

Casperson Hune Palmer Stakoe

Caswell Jones, Rick Palsrok Walker

Caul Knollenberg Pastor Ward

DeRoche LaJoy Pavlov Wenke

Elsenheimer Law, David Pearce Wojno

Emmons Marleau

Nays—54

Accavitti Dean Johnson Miller

Angerer Dillon Jones, Robert Polidori

Bauer Donigan Lahti Scott

Bennett Ebli Law, Kathleen Sheltrown

Brown Espinoza LeBlanc Simpson

Byrnes Farrah Leland Smith, Alma

Byrum Gillard Lemmons Smith, Virgil

Clack Gonzales Lindberg Spade

Clemente Griffin Mayes Tobocman

Condino Hammel McDowell Vagnozzi

Constan Hammon Meadows Valentine

Corriveau Hood Meisner Warren

Coulouris Hopgood Melton Young

Cushingberry Jackson

In The Chair: Sak

Rep. Polidori 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. 5730, entitled

A bill to amend 1996 PA 354, entitled “Savings bank act,” (MCL 487.3101 to 487.3804) by adding section 435.

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 temporarily.

The motion prevailed.

Second Reading of Bills

House Bill No. 4594, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, and 9 (MCL 432.102, 432.103, and 432.109), sections 2 and 9 as amended by 1999 PA 108 and section 3 as amended by 2006 PA 427.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Regulatory Reform,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Condino moved that Rep. Gillard be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4594, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, and 9 (MCL 432.102, 432.103, and 432.109), sections 2 and 9 as amended by 1999 PA 108 and section 3 as amended by 2006 PA 427.

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

Roll Call No. 368 Yeas—105

Accavitti Dillon Lahti Pavlov

Acciavatti Donigan LaJoy Pearce

Agema Ebli Law, David Polidori

Amos Elsenheimer Law, Kathleen Proos

Angerer Emmons LeBlanc Robertson

Ball Espinoza Leland Rocca

Bauer Farrah Lemmons Sak

Bennett Gaffney Lindberg Schuitmaker

Bieda Garfield Marleau Scott

Booher Gonzales Mayes Shaffer

Brandenburg Green McDowell Sheltrown

Brown Griffin Meadows Simpson

Byrnes Hammel Meekhof Smith, Alma

Byrum Hammon Meisner Smith, Virgil

Calley Hansen Melton Spade

Casperson Hildenbrand Meltzer Stahl

Caswell Hood Miller Stakoe

Caul Hoogendyk Moolenaar Tobocman

Clack Hopgood Moore Vagnozzi

Clemente Huizenga Moss Valentine

Condino Hune Nitz Walker

Constan Jackson Nofs Ward

Corriveau Johnson Opsommer Warren

Coulouris Jones, Rick Palmer Wenke

Cushingberry Jones, Robert Palsrok Wojno

Dean Knollenberg Pastor Young

DeRoche

Nays—1

Sheen

In The Chair: Sak

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. Accavitti, Agema, Angerer, Bieda, Booher, Brandenburg, Brown, Casperson, Caul, Clemente, Constan, Elsenheimer, Espinoza, Gaffney, Garfield, Gonzales, Griffin, Hammel, Hansen, Hopgood, Hune, Rick Jones, Robert Jones, LaJoy, David Law, Leland, Marleau, Mayes, Meekhof, Melton, Meltzer, Moolenaar, Moore, Moss, Nitz, Opsommer, Polidori, Sak, Schuitmaker, Scott, Sheltrown, Spade, Stakoe, Tobocman, Vagnozzi, Valentine, Ward and Wojno were named co‑sponsors of the bill.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Sak, Ball, Bieda, Brown, Byrnes, Caul, Clack, Condino, Constan, Dean, Gonzales, Hammon, Hopgood, Robert Jones, Lahti, Kathleen Law, LeBlanc, Lemmons, Mayes, Meadows, Meisner, Melton, Polidori, Shaffer, Sheltrown, Spade, Tobocman, Vagnozzi and Hammel offered the following resolution:

House Resolution No. 342.

A resolution recognizing May 2008 as VSA Arts of Michigan Month.

Whereas, We are proud to recognize VSA Arts of Michigan as they celebrate VSA Arts of Michigan Month in May 2008; and

Whereas, VSA Arts of Michigan was founded in 1974 by Jean Kennedy Smith and is affiliated with the John F. Kennedy Center for the Performing Arts in Washington, D.C.; and

Whereas, VSA Arts of Michigan’s mission is to promote creative power in people with disabilities; and

Whereas, VSA Arts of Michigan’s goal is to provide access and opportunity in the arts to people with disabilities in an effort to increase public awareness, use arts to encourage positive interactions between persons with and without disabilities, and increase the opportunities for people with disabilities to pursue a career in the arts; and

Whereas, VSA Arts of Michigan has ten district and local organization locations and reaches over 50,000 Michigan residents annually; and

Whereas, These children, students and adults are impacted through the efforts of over 150 regular volunteers and more then 2000 intermittent volunteers; and

Whereas, This program came to Michigan in 1977; and

Whereas, VSA Arts of Michigan’s activities include exhibitions of student artwork, individual classroom workshops, student scholarships and their annual VSA at the Capitol Day; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize May 2008 as VSA Arts of Michigan Month.

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.

Reps. Hammon, Ball, Bieda, Brown, Byrnes, Clack, Condino, Constan, Dean, Garfield, Gillard, Gonzales, Hopgood, Robert Jones, Lahti, LaJoy, David Law, Kathleen Law, LeBlanc, Lemmons, Mayes, Meadows, Meisner, Melton, Polidori, Proos, Sak, Shaffer, Sheltrown, Spade, Tobocman, Vagnozzi, Valentine and Hammel offered the following resolution:

House Resolution No. 343.

A resolution recognizing May 1, 2008, as Law Day in the state of Michigan.

Whereas, This country was founded on the principle that voluntary adherence to the rule of law expands, rather than limits, the opportunities for freedom; and

Whereas, A viable democracy requires understanding of the nature and basis of our freedom and recognition of the individual responsibilities which those freedoms impose; and

Whereas, Law Day is a celebration of our nation’s great heritage of liberty, justice, and equality under the law; and

Whereas, The Law Day 2008, 50th anniversary theme of “The Rule of Law: Foundation for Communities of Opportunity and Equity” encourages us all to examine the rule of law, our role in its sustainability, and its role in protecting our communities, our democracy, opportunity, equity, and all that is most precious to us; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize May 1, 2008, as Law Day in the state of Michigan; and be it further

Resolved, That the citizens, schools, businesses, and media of the state of Michigan are encouraged to use this occasion to preserve and strengthen the rule of law.

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.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, May 1, for her approval of the following bills:

Enrolled House Bill No. 4434 at 11:34 a.m.

Enrolled House Bill No. 4437 at 11:36 a.m.

Enrolled House Bill No. 5322 at 11:38 a.m.

Enrolled House Bill No. 4433 at 1:42 p.m.

Enrolled House Bill No. 4435 at 1:44 p.m.

Enrolled House Bill No. 4436 at 1:46 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, May 1:

House Bill Nos. 6024 6025 6026 6027 6028 6029 6030

Senate Bill Nos. 1282 1283

Reports of Standing Committees

The Committee on Agriculture, by Rep. Mayes, Chair, reported

Senate Bill No. 1008, entitled

A bill to amend 2001 PA 267, entitled “Manufacturing milk law of 2001,” by amending sections 10, 11, 12, 13, 15, 16, 17, 70, 90, 110, 110a, 111, 113, 114, 115, 116, 119, 125, 130, 131, 136, 137, 139, 140, 142, 143, 152, and 159 (MCL 288.570, 288.571, 288.572, 288.573, 288.575, 288.576, 288.577, 288.630, 288.650, 288.670, 288.670a, 288.671, 288.673, 288.674, 288.675, 288.676, 288.679, 288.685, 288.690, 288.691, 288.696, 288.697, 288.699, 288.700, 288.702, 288.703, 288.712, and 288.719), section 110a as added by 2004 PA 282.

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. Mayes, Byrum, Brown, Kathleen Law, Leland, Sheltrown, Walker, Nitz, Ball and Meekhof

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 30, 2008

Present: Reps. Mayes, Byrum, Brown, Kathleen Law, Leland, Sheltrown, Walker, Nitz, Ball and Meekhof

Absent: Rep. Angerer

Excused: Rep. Angerer

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

House Bill No. 5533, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 303 (MCL 257.303), as amended by 2006 PA 298.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 5965, entitled

A bill to amend 1950 (Ex Sess) PA 21, entitled “An act to create the Mackinac bridge authority, and to prescribe its powers and duties; to provide for the determination of the physical and financial feasibility of a bridge connecting the upper and lower peninsulas of Michigan; to provide for a board of consulting engineers, and to prescribe its powers and duties; and to make an appropriation to carry out the provisions of this act,” (MCL 254.301 to 254.302) by amending the title and by adding section 1a.

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 1, 2008

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

Absent: Rep. Bieda

Excused: Rep. Bieda

The Committee on Insurance, by Rep. Virgil Smith, Chair, reported

House Bill No. 4994, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3141 and 3145 (MCL 500.3141 and 500.3145).

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. Virgil Smith, Farrah, Condino, Constan, Johnson, Lemmons, Polidori, Scott, Simpson, Wojno, Rocca and Gaffney

Nays: Reps. Hune and Hildenbrand

The Committee on Insurance, by Rep. Virgil Smith, Chair, reported

House Bill No. 5838, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3135 (MCL 500.3135), as amended by 2002 PA 697.