No. 51

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Tuesday, May 27, 2008.

1:30 p.m.

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

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

Accavitti—present Dillon—present Lahti—present Pearce—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—present Knollenberg—present

e/d/s = entered during session

Rep. Rick Shaffer, from the 59th District, offered the following invocation:

“Heavenly Father: as Your word admonishes – we, Your humble servants advance to the Throne of Grace in humble boldness. We give thanks that You are our maker, sustainer of life, and the giver of good and perfect gifts that provide quality of life that we enjoy.

Upon reflection of the recent Memorial Day weekend, we have been reminded of our freedoms obtained at the highest cost. Men and women who have served in various armed conflicts (throughout the ages) who gave their lives, so that we have been able to enjoy prosperity with little disruption in our life styles; keep us Dear Lord ever mindful of their sacrifices.

Today, Father, this legislative body gathers to deliberate on the advancement of issues relative to Michigan’s future; we ask collectively for wisdom from on high. Although concerns are complex, we ask for Your kind leading in areas of economic woes, unemployment and the escalation of fuel prices (to name a few) and we are confident that Your will, will prevail.

Continue to guide us, our legislative staff, and all departments and staff that assist us in providing a high level of service to our Michigan constituency.

I pray in Your name. Amen.”

Motions and Resolutions

Reps. Steil, Ball, Bieda, Booher, Byrnes, Caul, Clack, Condino, Constan, Dean, Gonzales, Green, Hammel, Hammon, Hansen, Hildenbrand, Hopgood, Huizenga, Rick Jones, Robert Jones, Lahti, LaJoy, David Law, Kathleen Law, LeBlanc, Leland, Lemmons, Marleau, McDowell, Miller, Moolenaar, Opsommer, Palmer, Palsrok, Pastor, Pearce, Polidori, Proos, Sak, Shaffer, Spade, Stakoe, Tobocman, Vagnozzi and Wojno offered the following resolution:

House Resolution No. 381.

A resolution memorializing June 28, 2008, as Epilepsy Awareness Day in the state of Michigan.

Whereas, Epilepsy and Seizure Disorders affect over 2.7 million Americans, including more than 100,000 Michigan residents; and

Whereas, As one of the most common neurological disorders diagnosed in children under the age of two and adults over the age of 65, more than 200,000 new cases of epilepsy are treated each year due to a recognized seizure; and

Whereas, Though the origin of epilepsy in patients can be traced to head injury, stroke, birth defect, genetic predisposition, brain tumor, viral infections and other factors, nearly 70% of all cases have no apparent cause; and

Whereas, The diagnosis of epilepsy can lead to prejudice in the work place, educational arena, and private life, producing a feeling of seclusion for those living with this devastating disorder; and

Whereas, Increased public education and community awareness can dispel the common misunderstandings regarding seizures and their affects; and

Whereas, Epilepsy Awareness Day seeks to shed light on this neurological disorder, allowing those who suffer the opportunity to live full and active lives without the threat of isolation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate June 28, 2008, as Epilepsy Awareness Day in the state of Michigan; and be it further;

Resolved, That a copy of this resolution be transmitted to the Epilepsy Awareness Foundation of West Michigan in recognition of the Epilepsy Walk held in Grand Rapids.

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 that the following bills and joint resolution had been printed and placed upon the files of the members on Friday, May 23:

House Bill Nos. 6151 6152 6153 6154 6155 6156 6157 6158 6159 6160 6161 6162 6163 6164

6165 6166 6167 6168 6169 6170 6171 6172 6173 6174 6175 6176 6177 6178

6179 6180 6181

House Joint Resolution CCC

Reports of Standing Committees

The Committee on Labor, by Rep. Miller, Chair, reported

House Resolution No. 117.

A resolution to memorialize the Congress of the United States to provide a federal extension of unemployment benefits for those unemployed workers in the state of Michigan.

(For text of resolution, see House Journal No. 50 of 2007, p. 750.)

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. Miller, Meadows, Bieda, Hopgood, Lindberg, LaJoy and Rick Jones

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 27, 2008

Present: Reps. Miller, Meadows, Bieda, Constan, Hopgood, Lindberg, LaJoy and Rick Jones

Absent: Reps. Farrah, Wenke and Steil

Excused: Reps. Farrah, Wenke and Steil

The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported

House Bill No. 4054, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2635 (MCL 339.2635), as amended by 2006 PA 414.

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. Coulouris, Clemente, Mayes, Robertson, Green and Calley

Nays: None

The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported

House Bill No. 6148, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14p of chapter XVII (MCL 777.14p), as amended by 2006 PA 251.

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. Coulouris, Clemente, Mayes, Robertson, Green and Calley

Nays: None

The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported

Senate Bill No. 343, entitled

A bill to amend 1981 PA 125, entitled “The secondary mortgage loan act,” by amending section 27 (MCL 493.77), as amended by 1997 PA 91.

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. Coulouris, Clemente, Mayes, Robertson, Green and Calley

Nays: None

The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported

Senate Bill No. 356, entitled

A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending section 29 (MCL 445.1679), as amended by 1996 PA 210.

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. Coulouris, Clemente, Mayes, Robertson, Green and Calley

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 27, 2008

Present: Reps. Coulouris, Clemente, Mayes, Robertson, Green and Calley

Absent: Reps. Johnson, Virgil Smith and Moore

Excused: Reps. Johnson, Virgil Smith and Moore

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

House Bill No. 5992, entitled

A bill to amend 2000 PA 92, entitled “Food law of 2000,” by amending section 3119 (MCL 289.3119), as amended by 2007 PA 113.

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

Nays: None

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

House Bill No. 6115, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8501, 8501a, 8517, and 8520 (MCL 324.8501, 324.8501a, 324.8517, and 324.8520), section 8501 as amended by 2008 PA 13, sections 8501a and 8520 as added by 2006 PA 503, and section 8517 as amended by 2008 PA 14, and by adding sections 8512b and 8512f.

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

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: Tuesday, May 27, 2008

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

Absent: Rep. Meekhof

Excused: Rep. Meekhof

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:

Meeting held on: Tuesday, May 27, 2008

Present: Reps. Sheltrown, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson, Walker, Stakoe and Horn

Absent: Rep. Ebli

Excused: Rep. Ebli

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 27, 2008

Present: Reps. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Coulouris, Dean, Griffin, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer

Absent: Rep. Johnson

Excused: Rep. Johnson

Messages from the Senate

House Bill No. 4965, entitled

A bill to authorize the state administrative board to convey certain interests in property in Kalkaska county; and to provide for disposition of the revenue derived from the conveyance.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5804, entitled

A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2009; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1).

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5807, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1).

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5808, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2009; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1).

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5809, entitled

A bill to make appropriations for the department of labor and economic growth and certain other state purposes for the fiscal year ending September 30, 2009; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1).

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5810, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2009; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and amended the title to read as follows:

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2009; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain state and local departments, officials, and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5811, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2009; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1).

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5812, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1).

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5814, entitled

A bill to make appropriations for the department of human services and certain state purposes related to public welfare services for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1).

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Introduction of Bills

Reps. Farrah and Calley introduced

House Bill No. 6182, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 413 (MCL 208.1413), as amended by 2007 PA 145.

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

Announcements by the Clerk

May 23, 2008

Received from the Auditor General a copy of the following audit report and/or report summary:

Financial audit of the Michigan Economic Development Corporation, a discretely presented component unit of the State of Michigan, for the period October 1, 2005 through September 30, 2007.

Richard J. Brown

Clerk of the House

By unanimous consent the House returned to the order of

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

May 9, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth Growth, State Office of Administrative Hearings and Rules filed at 3:06 p.m. this date, administrative rule (08-05-04) for the Department of Labor and Economic Growth “Administrative Hearings for the Suspension and Revocation of Michigan Teaching Certificates and School Administrator Certificates”.

These rules take effect 7 days after filing with the Secretary of State.

May 9, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth Growth, State Office of Administrative Hearings and Rules filed at 3:04 p.m. this date, administrative rule (08-05-05) for the Department of Labor and Economic Growth “School Administrator Continuing Education”.

These rules take effect 7 days after filing with the Secretary of State.

May 9, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth Growth, State Office of Administrative Hearings and Rules filed at 3:08 p.m. this date, administrative rule (08-05-06) for the Department of Labor and Economic Growth “Administrator Certificate Code”.

These rules take effect 7 days after filing with the Secretary of State.

May 16, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 11:05 a.m. this date, administrative rule (08-05-07) for the Department of Treasury “Michigan Gaming Control Board”.

These rules take effect 7 days after filing with the Secretary of State.

May 16, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 11:07 a.m. this date, administrative rule (08-05-08) for the Department of Labor and Economic Growth “Subdivisions of Land”.

These rules take effect 30 days after filing with the Secretary of State.

May 21, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 3:37 p.m. this date, administrative rule (08-05-09) for the Department of Labor and Economic Growth “Technical Standards for Electric Service”.

These rules take effect immediately after filing with the Secretary of State.

May 21, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 3:39 p.m. this date, administrative rule (08-05-10) for the Department of Labor and Economic Growth “Billing Practices Applicable to Non-Residential Electric and Gas Customers”.

These rules take effect immediately after filing with the Secretary of State.

May 21, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 3:41 p.m. this date, administrative rule (08-05-11) for the Department of Labor and Economic Growth “Telecommunications License Transfer Procedures”.

These rules take effect immediately after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that the Committee on Judiciary be discharged from further consideration of Senate Bill No. 776 and motion postponed temporarily on April 23, see House Journal No. 37, p. 862.

(For first notice see House Journal No. 36, p. 843.)

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

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

The bill was placed on the order of Second Reading of Bills.

Rep. Meekhof moved that Reps. Steil and Garfield be excused from the balance of today’s session.

The motion prevailed.

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 776, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 90h.

The bill was read a second time.

Rep. Bauer moved to amend the bill as follows:

1. Amend page 4, line 14, after the first “LIFE” by striking out the balance of the subsection and inserting a comma and “PRESERVE THE HEALTH, OR PRESERVE THE FUTURE FERTILITY OF A WOMAN WHOSE LIFE, HEALTH, OR FUTURE FERTILITY IS ENDANGERED.”.

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

Rep. Bauer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 437 Yeas—40

Accavitti Coulouris Johnson Polidori

Bauer Donigan Jones, Robert Scott

Bennett Farrah Law, Kathleen Smith, Alma

Bieda Gillard Leland Smith, Virgil

Byrnes Gonzales Lemmons Tobocman

Byrum Hammel Lindberg Vagnozzi

Cheeks Hammon Meadows Valentine

Clack Hood Meisner Warren

Condino Hopgood Melton Wojno

Corriveau Jackson Miller Young

Nays—67

Acciavatti Ebli Law, David Pearce

Agema Elsenheimer LeBlanc Proos

Amos Emmons Marleau Robertson

Angerer Espinoza Mayes Rocca

Ball Gaffney McDowell Sak

Booher Green Meekhof Schuitmaker

Brandenburg Griffin Meltzer Shaffer

Brown Hansen Moolenaar Sheen

Calley Hildenbrand Moore Sheltrown

Casperson Hoogendyk Moss Simpson

Caswell Horn Nitz Spade

Caul Huizenga Nofs Stahl

Clemente Hune Opsommer Stakoe

Constan Jones, Rick Palmer Walker

Dean Knollenberg Palsrok Ward

DeRoche Lahti Pastor Wenke

Dillon LaJoy Pavlov

In The Chair: Sak

Rep. Byrnes moved to amend the bill as follows:

1. Amend page 5, following line 2, by inserting:

“(7) THIS SECTION DOES NOT APPLY WHEN THE PHYSICIAN IS TREATING A WOMAN WHOSE PREGNANCY IS THE RESULT OF INCEST OR RAPE.” and renumbering the remaining subsection.

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

Rep. Byrnes demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 438 Yeas—41

Accavitti Coulouris Jackson Miller

Amos Donigan Johnson Polidori

Bauer Ebli Jones, Robert Scott

Bennett Farrah Law, Kathleen Smith, Alma

Bieda Gillard Leland Smith, Virgil

Byrnes Gonzales Lemmons Tobocman

Byrum Hammel Lindberg Vagnozzi

Cheeks Hammon Meadows Valentine

Clack Hood Meisner Warren

Condino Hopgood Melton Young

Corriveau

Nays—66

Acciavatti Emmons Marleau Proos

Agema Espinoza Mayes Robertson

Angerer Gaffney McDowell Rocca

Ball Green Meekhof Sak

Booher Griffin Meltzer Schuitmaker

Brandenburg Hansen Moolenaar Shaffer

Brown Hildenbrand Moore Sheen

Calley Hoogendyk Moss Sheltrown

Casperson Horn Nitz Simpson

Caswell Huizenga Nofs Spade

Caul Hune Opsommer Stahl

Clemente Jones, Rick Palmer Stakoe

Constan Knollenberg Palsrok Walker

Dean Lahti Pastor Ward

DeRoche LaJoy Pavlov Wenke

Dillon Law, David Pearce Wojno

Elsenheimer LeBlanc

In The Chair: Sak

Rep. Alma Smith moved to amend the bill as follows:

1. Amend page 5, following line 2, by inserting:

“(7) THIS SECTION APPLIES ONLY TO A PATIENT WHOSE PREGNANCY HAS BEEN DETERMINED BY A PHYSICIAN TO BE AFTER 24 WEEKS OF GESTATION.” and renumbering the remaining subsection.

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

Rep. Alma Smith demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 439 Yeas—31

Bauer Farrah Law, Kathleen Smith, Alma

Bennett Gillard Leland Smith, Virgil

Byrnes Gonzales Lemmons Tobocman

Byrum Hammel Lindberg Vagnozzi

Cheeks Hood Meadows Valentine

Clack Hopgood Meisner Warren

Condino Johnson Miller Young

Donigan Jones, Robert Scott

Nays—76

Accavitti DeRoche Lahti Pavlov

Acciavatti Dillon LaJoy Pearce

Agema Ebli Law, David Polidori

Amos Elsenheimer LeBlanc Proos

Angerer Emmons Marleau Robertson

Ball Espinoza Mayes Rocca

Bieda Gaffney McDowell Sak

Booher Green Meekhof Schuitmaker

Brandenburg Griffin Melton Shaffer

Brown Hammon Meltzer Sheen

Calley Hansen Moolenaar Sheltrown

Casperson Hildenbrand Moore Simpson

Caswell Hoogendyk Moss Spade

Caul Horn Nitz Stahl

Clemente Huizenga Nofs Stakoe

Constan Hune Opsommer Walker

Corriveau Jackson Palmer Ward

Coulouris Jones, Rick Palsrok Wenke

Dean Knollenberg Pastor Wojno

In The Chair: Sak

Rep. Meadows moved to amend the bill as follows:

1. Amend page 4, following line 3, by inserting:

“(K) THAT CITIZENS OF THIS STATE HAVE A PROTECTABLE INTEREST IN FREEDOM FROM UNREASONABLE GOVERNMENT INTRUSIONS INTO THEIR PRIVATE LIVES AND THAT THIS INTEREST ENCOMPASSES AND PROTECTS THE RIGHT OF CONSENTING INDIVIDUALS TO OBTAIN AND USE SAFE AND EFFECTIVE METHODS OF CONTRACEPTION WITHOUT INTERFERENCE BY GOVERNMENTAL ENTITIES.

(l) THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT THE INTEREST IN FREEDOM FROM UNREASONABLE GOVERNMENT INTRUSIONS INTO THE PRIVATE LIVES OF CITIZENS, AND SPECIFICALLY THE RIGHT OF CONSENTING INDIVIDUALS TO OBTAIN AND USE SAFE AND EFFECTIVE METHODS OF CONTRACEPTION WITHOUT INTERFERENCE BY GOVERNMENTAL ENTITIES, SHALL BE SAFEGUARDED AND THAT THE LAWS OF THIS STATE SHALL BE INTERPRETED AND CONSTRUED TO RECOGNIZE AND PROTECT THESE RIGHTS.”.

2. Amend page 5, following line 2, by inserting:

“(7) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A STATE OR LOCAL GOVERNMENTAL UNIT SHALL NOT DO ANY OF THE FOLLOWING:

(A) DEPRIVE CONSENTING INDIVIDUALS OF THE RIGHT TO OBTAIN AND USE SAFE AND EFFECTIVE METHODS OF CONTRACEPTION.

(B) INTERFERE WITH OR DISCRIMINATE AGAINST, IN THE REGULATION OR PROVISION OF BENEFITS, FACILITIES, SERVICES, OR INFORMATION, THE RIGHT OF CONSENTING INDIVIDUALS TO OBTAIN AND USE SAFE AND EFFECTIVE METHODS OF CONTRACEPTION.

(8) SUBSECTION (7) DOES NOT PREVENT IMPLEMENTATION OF LAWS, RULES, ORDINANCES, TAXES, OR REGULATIONS THAT AFFECT THE METHOD AND MANNER OF SALE OR DISTRIBUTION OF CONTRACEPTIVES, PROVIDED SUCH LAWS, RULES, ORDINANCES, TAXES, OR REGULATIONS ARE REASONABLY DESIGNED TO PROMOTE PUBLIC HEALTH AND SAFETY AND DO NOT HAVE THE EFFECT OF UNREASONABLY HINDERING PUBLIC ACCESS TO CONTRACEPTIVES.” and renumbering the remaining subsection.

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

Rep. Meadows demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 440 Yeas—41

Accavitti Coulouris Johnson Polidori

Amos Donigan Jones, Robert Scott

Bauer Farrah Law, Kathleen Smith, Alma

Bennett Gillard Leland Smith, Virgil

Bieda Gonzales Lemmons Tobocman

Byrnes Hammel Lindberg Vagnozzi

Byrum Hammon Meadows Valentine

Cheeks Hood Meisner Warren

Clack Hopgood Melton Wojno

Condino Jackson Miller Young

Corriveau

Nays—66

Acciavatti Elsenheimer LeBlanc Pearce

Agema Emmons Marleau Proos

Angerer Espinoza Mayes Robertson

Ball Gaffney McDowell Rocca

Booher Green Meekhof Sak

Brandenburg Griffin Meltzer Schuitmaker

Brown Hansen Moolenaar Shaffer

Calley Hildenbrand Moore Sheen

Casperson Hoogendyk Moss Sheltrown

Caswell Horn Nitz Simpson

Caul Huizenga Nofs Spade

Clemente Hune Opsommer Stahl

Constan Jones, Rick Palmer Stakoe

Dean Knollenberg Palsrok Walker

DeRoche Lahti Pastor Ward

Dillon LaJoy Pavlov Wenke

Ebli Law, David

In The Chair: Sak

Rep. Warren moved to amend the bill as follows:

1. Amend page 5, following line 18, 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. 4616.

(b) House Bill No. 4617.

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

Rep. Warren demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 441 Yeas—41

Accavitti Coulouris Johnson Polidori

Amos Cushingberry Jones, Robert Scott

Bauer Donigan Law, Kathleen Smith, Alma

Bennett Farrah Leland Smith, Virgil

Bieda Gillard Lemmons Tobocman

Byrnes Gonzales Lindberg Vagnozzi

Byrum Hammel Meadows Valentine

Cheeks Hammon Meisner Warren

Clack Hood Melton Wojno

Condino Hopgood Miller Young

Corriveau

Nays—67

Acciavatti Elsenheimer Law, David Pearce

Agema Emmons LeBlanc Proos

Angerer Espinoza Marleau Robertson

Ball Gaffney Mayes Rocca

Booher Green McDowell Sak

Brandenburg Griffin Meekhof Schuitmaker

Brown Hansen Meltzer Shaffer

Calley Hildenbrand Moolenaar Sheen

Casperson Hoogendyk Moore Sheltrown

Caswell Horn Moss Simpson

Caul Huizenga Nitz Spade

Clemente Hune Nofs Stahl

Constan Jackson Opsommer Stakoe

Dean Jones, Rick Palmer Walker

DeRoche Knollenberg Palsrok Ward

Dillon Lahti Pastor Wenke

Ebli LaJoy Pavlov

In The Chair: Sak

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.

______

Rep. Tobocman moved that Reps. Accavitti and Cushingberry be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 776, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 90h.

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

Roll Call No. 442 Yeas—74

Acciavatti Dillon LaJoy Pearce

Agema Ebli Law, David Polidori

Amos Elsenheimer LeBlanc Proos

Angerer Emmons Marleau Robertson

Ball Espinoza Mayes Rocca

Bieda Gaffney McDowell Sak

Booher Green Meekhof Schuitmaker

Brandenburg Griffin Meltzer Shaffer

Brown Hammon Moolenaar Sheen

Calley Hansen Moore Sheltrown

Casperson Hildenbrand Moss Simpson

Caswell Hoogendyk Nitz Spade

Caul Horn Nofs Stahl

Clemente Huizenga Opsommer Stakoe

Constan Hune Palmer Walker

Corriveau Jackson Palsrok Ward

Coulouris Jones, Rick Pastor Wenke

Dean Knollenberg Pavlov Wojno

DeRoche Lahti

Nays—32

Bauer Farrah Law, Kathleen Scott

Bennett Gillard Leland Smith, Alma

Byrnes Gonzales Lemmons Smith, Virgil

Byrum Hammel Lindberg Tobocman

Cheeks Hood Meadows Vagnozzi

Clack Hopgood Meisner Valentine

Condino Johnson Melton Warren

Donigan Jones, Robert Miller 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 revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”

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.

______

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

“Mr. Speaker and members of the House:

I could not support SB776 for the following reasons. First and foremost it is a redundant bill that is already covered by Federal Statute. There is no evidence this procedure has been performed in the State of Michigan since 06. The bill also does not allow for any protections for the mothers health or any provisions in cases of rape or incest.”

Rep. Gonzales, 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 action would create a state law that is not needed due to existing federal law, and results in ambiguity potentially with other medical procedures. I have faith in women controlling their own destinies with the advice of women’s health doctors. Additionally, this bill is essentially unscientific, and it is not in the best interest of the health and welfare of women and families throughout our state.”

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

“Mr. Speaker and members of the House:

I voted no for Senate Bill 776 because it is an unnecessary law that interferes with decisions that are better made based on sound medical judgment, and because several amendments to add protections for a woman’s health, which I supported, were not adopted.

Doctors, including the American College of Obstetricians and Gynecologists, oppose this bill because it interferes with medical decision making. A letter from the Michigan Section of the American College of Obstetricians and Gynecologists states that “the bill is unscientific and is not in the best interest of the health and welfare of women and families in Michigan” and also states the group’s opposition to the criminalization of any medical practice.

A federal law, which is currently in effect in all 50 states, provides all the legal protection necessary to ensure that the late term abortion procedure known as partial birth abortion is not utilized in Michigan, even though this procedure is utilized in less than 0.02% of all abortion procedures.

Even though the federal law was upheld on constitutional grounds by the U.S. Supreme Court, four of the nine justices questioned the constitutionality of this law because it does not include adequate protections for the mother and required under Roe v Wade. Senate Bill 776 contains even fewer protections for the life of the mother than the federal law.

Several amendments were offered that would have at least provided some exceptions for situations in which a woman’s health becomes a consideration, and for instances of rape and incest when a later term abortion decision must be made. Further, this law even infringes on a woman’s legal right to choose an abortion before viability of the fetus, which should be a medical decision, not a political one.

Most important, I believe that politicians should not legislate medical decision-making. Women should be making these decisions based on their own personal values and their doctor’s advice.”

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

“Mr. Speaker and members of the House:

Thank you for this opportunity to explain why I am voting against Senate Bill 776.

Today is truly a sad day for the Michigan Legislature.

Today is a sad day not only because we are interfering in the private medical decisions made between women and their doctors, but also because we have made the conscious determination to put divisive politics above good public policy. We have let a vocal minority make decisions for the diverse and varied citizens of this state. And perhaps most distressingly, we have let special interests dictate our legislative agenda.

That I stand before you today I am sure comes as no surprise to most of you. As a longtime advocate for women’s rights, I wholeheartedly support a woman’s right to choose and oppose any attempt to chip away at this fundamental freedom.

More than that however, I am standing here today because at its very core, Senate Bill 776 is an answer in search of a question. It is a redundant and unnecessary bill that bans a safe and rarely used medical procedure that has in fact already been prohibited by federal legislation. Even more insultingly, it offers absolutely no exception to protect a woman’s health or future fertility and does nothing to increase citizens’ access to birth control or comprehensive sex education.

I was elected to the Michigan Legislature in order to pass public policies that would put the people of Michigan before petty politics and with each bill we read and each vote we take, I think that it is our duty, as Representatives, to ask ourselves how this legislation moves Michigan forward.

After spending countless hours discussing and debating this bill, I can tell you, without equivocation, that this legislation simply does not pass this test. And yet today, with approximately 30 session days left in our legislation session, we are not taking up the remaining bills in a groundbreaking package that seeks to protect our Great Lakes from large-scale water diversions or even addressing the $300 million shortfall in our general fund budget that threatens our vital public safety and core health and human services. Instead we are taking a vote on a bill that does not one thing to make Michigan a stronger and better place to live.

And when it comes down to it, I know that is question my constituents will be asking when I go back to my district.

Thank you

Rebekah Warren

State Representative

53rd District”

Second Reading of Bills

House Bill No. 6048, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20190.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 47, p. 1087),

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

Rep. Warren 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. 6048, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20190.

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

Roll Call No. 443 Yeas—57

Accavitti Cushingberry Jackson Miller

Ball Dean Johnson Polidori

Bauer Dillon Jones, Robert Rocca

Bennett Donigan Lahti Scott

Bieda Ebli Law, Kathleen Simpson

Brown Farrah LeBlanc Smith, Alma

Byrnes Gaffney Leland Smith, Virgil

Byrum Gillard Lemmons Tobocman

Cheeks Gonzales Lindberg Vagnozzi

Clack Griffin Mayes Valentine

Clemente Hammel McDowell Ward

Condino Hammon Meadows Warren

Constan Hood Meisner Wojno

Corriveau Hopgood Melton Young

Coulouris

Nays—51

Acciavatti Espinoza Meekhof Proos

Agema Green Meltzer Robertson

Amos Hansen Moolenaar Sak

Angerer Hildenbrand Moore Schuitmaker

Booher Hoogendyk Moss Shaffer

Brandenburg Horn Nitz Sheen

Calley Huizenga Nofs Sheltrown

Casperson Hune Opsommer Spade

Caswell Jones, Rick Palmer Stahl

Caul Knollenberg Palsrok Stakoe

DeRoche LaJoy Pastor Walker

Elsenheimer Law, David Pavlov Wenke

Emmons Marleau Pearce

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. 6050, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 98.

The bill was read a second time.

Rep. Donigan 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. 6050, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 98.

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. 4998, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3149.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Insurance (for amendments, see House Journal No. 38, p. 870),

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

Rep. Garfield moved to amend the bill as follows:

1. Amend page 1, line 9, after “FEES” by inserting “SO LONG AS THE ATTORNEY FEES DO NOT EXCEED $1,000.00”.

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

Rep. Virgil Smith 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. 4998, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3149.

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

Roll Call No. 444 Yeas—59

Accavitti Cushingberry Johnson Rocca

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gaffney Lindberg Spade

Cheeks Gillard Mayes Tobocman

Clack Gonzales McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris Jackson Polidori

Nays—48

Acciavatti Emmons Law, David Pastor

Agema Green Marleau Pavlov

Amos Griffin Meekhof Proos

Ball Hansen Meltzer Robertson

Booher Hildenbrand Moolenaar Schuitmaker

Brandenburg Hoogendyk Moore Shaffer

Calley Horn Moss Sheen

Casperson Huizenga Nitz Stahl

Caswell Hune Nofs Stakoe

Caul Jones, Rick Opsommer Walker

DeRoche Knollenberg Palmer Ward

Elsenheimer LaJoy Palsrok Wenke

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. Pearce, under Rule 31, made the following statement:

“Mr. Speaker and members of the House:

I did not vote on Roll Call No. 444 because of a possible conflict of interest.”

Second Reading of Bills

Senate Bill No. 296, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81129 (MCL 324.81129), as amended by 2003 PA 111.

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

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

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

The motion prevailed.

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).

The bill was read a second time.

Rep. Hoogendyk moved to amend the bill as follows:

1. Amend page 4, following 10, by inserting:

“Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 1059 of the 94th Legislature is enacted into law.”.

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

Rep. Hoogendyk demanded the yeas and nays.

The demand was supported.

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

Rep. Tobocman moved that consideration of the bill be postponed temporarily.

The motion prevailed.

Pending the Second Reading of

House Bill No. 4451, entitled

A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 103 (MCL 141.2103) and by adding sections 518 and 519.