No. 57

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Wednesday, June 11, 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—excused

Corriveau—present Jackson—present Palmer—present Warren—present

Coulouris—present Johnson—present Palsrok—present Wenke—present

Cushingberry—e/d/s Jones, Rick—present Pastor—present Wojno—present

Dean—present Jones, Robert—present Pavlov—present Young—present

DeRoche—present Knollenberg—present

e/d/s = entered during session

Rep. Jeff Mayes from the 96th District offered the following invocation:

“Dear heavenly Father,

As we gather today, we pray that You grant us the grace and wisdom to always act for the public good make decisions that will benefit all the residents of our great state.

We ask that You bless this chamber and the public servants assembled here today.

Please guide us and grant us the ability to work together toward the common goal of creating a better life for every man, woman and child in Michigan.

Through Your grace, we will strive to overcome our differences and work as one.

We give thanks to You that we have been given the opportunity to serve the people of Michigan.

In Your name, we offer this prayer. Amen.”

______

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

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 281.

A resolution to memorialize the United States Congress to reauthorize the DNA backlog program.

(For text of resolution, see House Journal No. 17, p. 288.)

(The resolution was reported by the Committee on Judiciary on June 4, consideration of which, under the rules, was postponed until June 5.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Concurrent Resolution No. 86.

A concurrent resolution relative to secondary road patrol funds for certain communities in Oakland and Wayne Counties.

(For text of concurrent resolution, see House Journal No. 55, p. 1292.)

(The concurrent resolution was reported by the Committee on Regulatory Reform on June 10, with substitute (H-2), consideration of which, under the rules, was postponed until today.)

(For substitute, see House Journal No. 56, p. 1323.)

The question being on the adoption of the proposed substitute (H-2) recommended by the Committee,

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

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Second Reading of Bills

House Bill No. 4521, entitled

A bill to amend 1846 RS 84, entitled “Of divorce,” (MCL 552.1 to 552.45) by adding section 40.

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

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

Rep. Byrum 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. 4521, entitled

A bill to amend 1846 RS 84, entitled “Of divorce,” (MCL 552.1 to 552.45) by adding section 40.

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

Roll Call No. 499 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

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Warren

Coulouris 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. 4522, entitled

A bill to amend 1956 PA 205, entitled “The paternity act,” by amending section 2 (MCL 722.712), as amended by 2004 PA 253.

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

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

Rep. Byrum 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. 4522, entitled

A bill to amend 1956 PA 205, entitled “The paternity act,” by amending section 2 (MCL 722.712), as amended by 2004 PA 253.

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

Roll Call No. 500 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

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Warren

Coulouris 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. 4523, entitled

A bill to amend 1966 PA 138, entitled “The family support act,” by amending section 2 (MCL 552.452), as amended by 2002 PA 574.

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

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

Rep. Byrum 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. 4523, entitled

A bill to amend 1966 PA 138, entitled “The family support act,” by amending section 2 (MCL 552.452), as amended by 2002 PA 574.

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

Roll Call No. 501 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

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Warren

Coulouris 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. 6189, entitled

A bill to amend 1991 PA 46, entitled “Eligible domestic relations order act,” by amending section 2 (MCL 38.1702).

The bill was read a second time.

Rep. Byrum 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. 6189, entitled

A bill to amend 1991 PA 46, entitled “Eligible domestic relations order act,” by amending section 2 (MCL 38.1702).

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

Roll Call No. 502 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

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Warren

Coulouris 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. 5694, entitled

A bill to amend 1917 PA 350, entitled “An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act,” by amending sections 4, 5, and 8 (MCL 445.404, 445.405, and 445.408), sections 4, 5, and 8 as amended by 2006 PA 675.

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

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

Rep. Brown 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. 5694, entitled

A bill to amend 1917 PA 350, entitled “An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act,” by amending sections 4, 5, and 8 (MCL 445.404, 445.405, and 445.408), sections 4, 5, and 8 as amended by 2006 PA 675.

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

Roll Call No. 503 Yeas—107

Accavitti Dillon Lahti Pearce

Acciavatti Donigan LaJoy Polidori

Agema Ebli Law, David Proos

Amos Elsenheimer Law, Kathleen Robertson

Angerer Emmons LeBlanc Rocca

Ball Espinoza Leland Sak

Bauer Farrah Lemmons Schuitmaker

Bennett Gaffney Lindberg Scott

Bieda Garfield Marleau Shaffer

Booher Gillard Mayes Sheen

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 Steil

Cheeks Hoogendyk Moore Tobocman

Clack Hopgood Moss Vagnozzi

Clemente Horn Nitz Valentine

Condino Huizenga Nofs Walker

Constan Jackson Opsommer Warren

Corriveau Johnson Palmer Wenke

Coulouris Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

DeRoche Knollenberg Pavlov

Nays—1

Hune

In The Chair: Sak

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

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

A bill to amend 1917 PA 350, entitled “An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act,” by amending sections 4, 5, and 8 (MCL 445.404, 445.405, and 445.408), as amended by 2006 PA 675.

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 called Associate Speaker Pro Tempore Jackson to the Chair.

Second Reading of Bills

House Bill No. 6003, entitled

A bill to amend 1917 PA 350, entitled “An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act,” by amending the title and sections 1, 2, 3, 4, and 5 (MCL 445.401, 445.402, 445.403, 445.404, and 445.405), sections 1, 2, 3, 4, and 5 as amended by 2006 PA 675.

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

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

Rep. 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.

______

Rep. Cushingberry entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6003, entitled

A bill to amend 1917 PA 350, entitled “An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act,” by amending the title and sections 1, 2, 3, 4, and 5 (MCL 445.401, 445.402, 445.403, 445.404, and 445.405), sections 1, 2, 3, 4, and 5 as amended by 2006 PA 675.

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

Roll Call No. 504 Yeas—104

Accavitti Dillon Lahti Pearce

Acciavatti Donigan LaJoy Polidori

Amos Ebli Law, David Proos

Angerer Elsenheimer Law, Kathleen Robertson

Ball Emmons LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gaffney Lindberg Scott

Booher Garfield Marleau Shaffer

Brandenburg Gillard Mayes Sheen

Brown Gonzales McDowell Sheltrown

Byrnes Green Meadows Simpson

Byrum Griffin Meekhof Smith, Alma

Calley Hammel Meisner Smith, Virgil

Casperson Hammon Melton Spade

Caul Hansen Meltzer Stahl

Cheeks Hildenbrand Miller Stakoe

Clack Hood Moolenaar Steil

Clemente Hopgood Moore Tobocman

Condino Horn Moss Vagnozzi

Constan Huizenga Nitz Valentine

Corriveau Jackson Nofs Walker

Coulouris Johnson Opsommer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Nays—5

Agema Hoogendyk Hune Palmer

Caswell

In The Chair: Jackson

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 1917 PA 350, entitled “An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act,” by amending the title and section 1 (MCL 445.401), section 1 as amended by 2006 PA 675.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. 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 idea of preventing stolen copper is noteworthy, making another permit is further regulation that is not necessary.”

The Speaker Pro Tempore resumed the Chair.

Second Reading of Bills

House Bill No. 6181, entitled

A bill to regulate the purchase and sale of certain nonferrous metals; to provide for certain disclosures by certain persons regarding certain transactions; to require the creation of certain records for certain purposes and for the use of certain databases by certain persons; and to provide for penalties and remedies.

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

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

Rep. Meisner moved to amend the bill as follows:

1. Amend page 2, line 18, after “purchases” by striking out “worn or superfluous”.

2. Amend page 5, line 12, after “for” by striking out “at least”.

3. Amend page 7, line 17, after “7” by striking out “(1)”.

4. Amend page 7, line 23, after “who” by striking out the balance of the line through “are” on line 24 and inserting “buys or sells nonferrous metal articles that he or she has reason to believe were”.

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

Rep. Meisner 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. 6181, entitled

A bill to regulate the purchase and sale of certain nonferrous metals; to provide for certain disclosures by certain persons regarding certain transactions; to require the creation of certain records for certain purposes and for the use of certain databases by certain persons; and to provide for penalties and remedies.

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

Roll Call No. 505 Yeas—108

Accavitti DeRoche Knollenberg Pavlov

Acciavatti Dillon Lahti Pearce

Agema Donigan LaJoy Polidori

Amos Ebli Law, David Proos

Angerer Elsenheimer Law, Kathleen Robertson

Ball Emmons LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gaffney Lindberg Scott

Booher Garfield Marleau Shaffer

Brandenburg Gillard Mayes Sheen

Brown Gonzales McDowell Sheltrown

Byrnes Green Meadows Simpson

Byrum Griffin Meekhof Smith, Alma

Calley Hammel Meisner Smith, Virgil

Casperson Hammon Melton Spade

Caswell Hansen Meltzer Stahl

Caul Hildenbrand Miller Stakoe

Cheeks Hood Moolenaar Steil

Clack Hoogendyk Moore Tobocman

Clemente Hopgood Moss Vagnozzi

Condino Horn Nitz Valentine

Constan Huizenga Nofs Walker

Corriveau Jackson Opsommer Warren

Coulouris Johnson Palmer Wenke

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

Nays—1

Hune

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, Bauer, Bieda, Brown, Clack, Condino, Donigan, Espinoza, Gonzales, Hammel, Hammon, Jackson, Johnson, Rick Jones, Robert Jones, David Law, Kathleen Law, LeBlanc, Leland, Marleau, Mayes, McDowell, Moolenaar, Moss, Nofs, Palsrok, Rocca, Sak, Sheltrown, Tobocman, Vagnozzi and Warren were named co‑sponsors of the bill.

Second Reading of Bills

House Bill No. 5335, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 357c.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 25, p. 471),

The amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Condino moved to substitute (H-1) the bill.

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

Rep. Johnson 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. 5335, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 357c.

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

Roll Call No. 506 Yeas—109

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

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Warren

Coulouris Johnson Palmer Wenke

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

DeRoche

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. 5336, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16r of chapter XVII (MCL 777.16r), as amended by 2002 PA 279.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 25, p. 471),

The amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Condino moved to substitute (H-1) the bill.

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

Rep. Melton 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. 5336, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16r of chapter XVII (MCL 777.16r), as amended by 2002 PA 279.

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

Roll Call No. 507 Yeas—109

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

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Warren

Coulouris Johnson Palmer Wenke

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

DeRoche

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

Senate Bill No. 1256, entitled

A bill to amend 2006 PA 152, entitled “An act to allow the requiring of a permit before demonstrating outside of locations in which a funeral service is being held; to allow local units of government to prohibit certain conduct at or near the locations in which a funeral service is being held; to prescribe the powers and duties of certain local governments and officials; and to provide for penalties,” by amending section 3 (MCL 123.1113).

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. 1256, entitled

A bill to amend 2006 PA 152, entitled “An act to allow the requiring of a permit before demonstrating outside of locations in which a funeral service is being held; to allow local units of government to prohibit certain conduct at or near the locations in which a funeral service is being held; to prescribe the powers and duties of certain local governments and officials; and to provide for penalties,” by amending section 3 (MCL 123.1113).

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

Roll Call No. 508 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 Sheen

Brown Green Meadows Sheltrown

Byrnes Griffin Meekhof Simpson

Byrum Hammel Meisner Smith, Alma

Calley Hammon Melton Smith, Virgil

Casperson Hansen Meltzer Spade

Caswell Hildenbrand Miller Stahl

Caul Hoogendyk Moolenaar Stakoe

Cheeks Hopgood Moore Steil

Clack Horn Moss Vagnozzi

Clemente Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Warren

Coulouris Johnson Palmer Wenke

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

DeRoche Knollenberg

Nays—3

Condino Hood Tobocman

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. Tobocman, 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 this bill seeks to address a protest action that is completely despicable and reprehensible, it completely violates First Amendment rights of free speech. I sympathize with the bill’s intent, but not with its content. We should be more focused on moving Michigan’s economy forward.”

______

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

Second Reading of Bills

House Bill No. 5833, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by 2004 PA 465.

The bill was read a second time.

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

1. Amend page 2, following line 17, by inserting:

“Sec. 1344. (1) A juror shall be reimbursed for his or her traveling expenses at a rate, determined by the county board of commissioners, that is not less than 10 22 cents per mile for traveling from the juror’s residence to the place of holding court and returning for each day or 1/2 day of actual attendance at sessions of the court.

(2) A juror also shall be compensated at a rate, determined by the county board of commissioners, as follows:

(a) Until October 1, 2003, not less than $15.00 per day and $7.50 per 1/2 day of actual attendance at the court.

(b) Beginning October 1, 2003, a rate determined as follows:

(A) (i) For the first day or 1/2 day of actual attendance at the court, not less than $25.00 per day and $12.50 per 1/2 day.

(B) (ii) For each subsequent day or 1/2 day of actual attendance at the court, not less than $40.00 per day and $20.00 per 1/2 day.

(3) If an action is removed from the circuit court to a lower court, the jury fee shall be paid to the circuit court whether paid before or after removal of the action to the lower court, and the circuit court shall be responsible for payment of the compensation to the juror involved.

(4) A clerk or deputy clerk of the court who fraudulently issues a certificate of attendance of a juror on which the juror receives pay, except as allowed by law, is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $500.00, or both.”.

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

Rep. Palmer moved to amend the bill as follows:

1. Amend page 2, following line 17, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1049 of the 94th Legislature is enacted into law.”.

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

Rep. Hoogendyk moved to amend the bill as follows:

1. Amend page 2, following line 17, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1059 of the 94th Legislature is enacted into law.”.

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

Rep. Hoogendyk moved to amend the bill as follows:

1. Amend page 2, following line 17, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4660 of the 94th Legislature is enacted into law.”.

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

Rep. Palmer moved to amend the bill as follows:

1. Amend page 2, following line 17, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 776 of the 94th Legislature is enacted into law.”.

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

Rep. Gillard 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. 5833, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by 2004 PA 465.

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

Roll Call No. 509 Yeas—60

Accavitti Corriveau Hood Melton

Angerer Coulouris Hopgood Polidori

Bauer Cushingberry Jackson Sak

Bennett Dean Johnson Scott

Bieda Dillon Jones, Robert Sheltrown

Booher Donigan Lahti Simpson

Brown Ebli Law, Kathleen Smith, Alma

Byrnes Espinoza LeBlanc Smith, Virgil

Byrum Farrah Leland Spade

Caul Gaffney Lemmons Tobocman

Cheeks Gillard Lindberg Vagnozzi

Clack Gonzales Mayes Valentine

Clemente Griffin McDowell Warren

Condino Hammel Meadows Wojno

Constan Hammon Meisner Young

Nays—49

Acciavatti Hansen Meltzer Pearce

Agema Hildenbrand Miller Proos

Amos Hoogendyk Moolenaar Robertson

Ball Horn Moore Rocca

Brandenburg Huizenga Moss Schuitmaker

Calley Hune Nitz Shaffer

Casperson Jones, Rick Nofs Sheen

Caswell Knollenberg Opsommer Stahl

DeRoche LaJoy Palmer Stakoe

Elsenheimer Law, David Palsrok Steil

Emmons Marleau Pastor Walker

Garfield Meekhof Pavlov Wenke

Green

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.

Second Reading of Bills

House Bill No. 5834, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2007 PA 85.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Appropriations (for amendment, see House Journal No. 50, p. 1159),

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

Rep. McDowell moved to amend the bill as follows:

1. Amend page 11, line 20, after “2008,” by striking out “$83,850,000.00” and inserting “$81,400,000.00”.

2. Amend page 11, line 25, after the second “medicaid” by striking out “health maintenance organization hospital payment rates” and inserting “DISPROPORTIONATE SHARE HOSPITAL PAYMENTS”.

3. Amend page 11, line 27, after “by” by striking out “$120,000,000.00” and inserting “$100,000,000.00”.

4. Amend page 12, line 2, after the first “of” by striking out “$83,850,000.00” and inserting “$81,400,000.00”.

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

Rep. Palmer moved to amend the bill as follows:

1. Amend page 12, following line 13, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1049 of the 94th Legislature is enacted into law.”.

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

Rep. Hoogendyk moved to amend the bill as follows:

1. Amend page 12, following line 13, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1059 of the 94th Legislature is enacted into law.”.

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

Rep. Hoogendyk moved to amend the bill as follows:

1. Amend page 12, following line 13, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4660 of the 94th Legislature is enacted into law.”.

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

Rep. Palmer moved to amend the bill as follows:

1. Amend page 12, following line 13, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 776 of the 94th Legislature is enacted into law.”.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5834, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2007 PA 85.

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

Roll Call No. 510 Yeas—109

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

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Warren

Coulouris Johnson Palmer Wenke

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

DeRoche

Nays—0

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.

______

The Speaker Pro Tempore resumed the Chair.

Second Reading of Bills

House Bill No. 6187, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 413.

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. Meadows 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. 6187, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 413.

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

Roll Call No. 511 Yeas—109

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

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Warren

Coulouris Johnson Palmer Wenke

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

DeRoche

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. 6188, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 526.

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. Hildenbrand 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. Hood moved that Rep. Scott 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. 6188, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 526.

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

Roll Call No. 512 Yeas—108

Accavitti DeRoche Jones, Robert Pastor

Acciavatti Dillon Knollenberg Pavlov

Agema Donigan Lahti Pearce

Amos Ebli LaJoy Polidori

Angerer Elsenheimer Law, David Proos

Ball Emmons Law, Kathleen Robertson

Bauer Espinoza LeBlanc Rocca

Bennett Farrah Leland Sak

Bieda Gaffney Lemmons Schuitmaker

Booher Garfield Lindberg Shaffer

Brandenburg Gillard Marleau Sheen

Brown Gonzales Mayes Sheltrown

Byrnes Green McDowell Simpson

Byrum Griffin Meadows Smith, Alma

Calley Hammel Meekhof Smith, Virgil

Casperson Hammon Meisner Spade

Caswell Hansen Melton Stahl

Caul Hildenbrand Meltzer Stakoe

Cheeks Hood Miller Steil

Clack Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Warren

Coulouris Jackson Opsommer Wenke

Cushingberry Johnson Palmer Wojno

Dean Jones, Rick Palsrok 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. 5064, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” (MCL 408.1001 to 408.1094) by adding section 14o.

The bill was read a second time.

Rep. Meadows moved to amend the bill as follows:

1. Amend page 1, line 3, after “STATE” by inserting “THAT WILL TAKE MORE THAN 2 DAYS”.

2. Amend page 3, line 23, after “HAS” by striking out the balance of the line through “AGREEING” on line 24 and inserting “AGREED”.

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

Rep. Meadows moved to amend the bill as follows:

1. Amend page 2, line 8, after “DEMONSTRATING” by inserting “EITHER THAT CONSTRUCTION, RENOVATION, OR DEMOLITION WILL NOT TAKE MORE THAN 2 DAYS OR”.

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

Rep. Hoogendyk moved to amend the bill as follows:

1. Amend page 2, line 13, after “AGENT,” by striking out the balance of the line and inserting “AND A SUPPLY OF TOILET PAPER IN A DISPENSER THAT SHALL ACCOMMODATE NO LESS THAN A 1,000 SHEET SINGLE ROLL OF TOILET PAPER TO SATISFY EMPLOYEE NEEDS.”.

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

Rep. Garfield moved to amend the bill as follows:

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

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5627 of the 94th Legislature is enacted into law.”.

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

Rep. Meadows 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. 5064, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” (MCL 408.1001 to 408.1094) by adding section 14o.

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. 6121, entitled

A bill to amend 1955 PA 233, entitled “An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; to provide for the issuance of bonds to acquire, construct, extend, or improve the systems; and to prescribe penalties and provide remedies,” by amending section 4a (MCL 124.284a), as added by 1985 PA 178.

The bill was read a second time.

Rep. Pearce 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. 6121, entitled

A bill to amend 1955 PA 233, entitled “An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; to provide for the issuance of bonds to acquire, construct, extend, or improve the systems; and to prescribe penalties and provide remedies,” by amending section 4a (MCL 124.284a), as added by 1985 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. 513 Yeas—108

Accavitti DeRoche Knollenberg Pavlov

Acciavatti Dillon Lahti Pearce

Agema Donigan LaJoy Polidori

Amos Ebli Law, David Proos

Angerer Elsenheimer Law, Kathleen Robertson

Ball Emmons LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gaffney Lindberg Scott

Booher Garfield Marleau Shaffer

Brandenburg Gillard Mayes Sheen

Brown Gonzales McDowell Sheltrown

Byrnes Green Meadows Simpson

Byrum Griffin Meekhof Smith, Alma

Calley Hammel Meisner Smith, Virgil

Casperson Hammon Melton Spade

Caswell Hansen Meltzer Stahl

Caul Hildenbrand Miller Stakoe

Cheeks Hood Moolenaar Steil

Clack Hoogendyk Moore Tobocman

Clemente Hopgood Moss Vagnozzi

Condino Horn Nitz Valentine

Constan Huizenga Nofs Walker

Corriveau Jackson Opsommer Warren

Coulouris Johnson Palmer Wenke

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

Nays—1

Hune

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. Ball, Bieda, Constan, Gonzales, Hammel, Hammon, Hansen, Horn, Johnson, Robert Jones, David Law, Marleau, Mayes, Moolenaar, Moss, Nitz, Opsommer, Sak, Schuitmaker, Shaffer, Sheltrown and Stakoe were named co‑sponsors of the bill.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Proos, Shaffer, Palmer, Amos, Nitz, Pearce, Calley, Ball, Rocca, LaJoy, Garfield, Stahl, Opsommer, Booher, Hansen, Caul, Sheen, Moore, Caswell, Steil, Schuitmaker, Horn, Accavitti, Jackson, Spade, Polidori, Young, Brown, McDowell, Robert Jones, Griffin, LeBlanc, Bauer, Johnson, Melton, Constan, Alma Smith, Meadows, Dean, Angerer, Bieda, Brandenburg, Casperson, Clack, Clemente, Elsenheimer, Gonzales, Hammel, Hammon, Hopgood, Huizenga, Rick Jones, Knollenberg, David Law, Leland, Marleau, Mayes, Meekhof, Miller, Moss, Nofs, Palsrok, Pavlov, Sak, Tobocman, Vagnozzi, Valentine and Warren offered the following resolution:

House Resolution No. 389.

A resolution to recognize June 11, 2008, as Older Michiganians’ Day, and honoring our state’s population of older citizens.

Whereas, The 1.5 million Michiganians age 60 and over deserve our utmost respect and gratitude for their many contributions to our communities and our state. Older citizens play a vital role in cities and towns all across our great state; and

Whereas, Older Michiganians are active supporters of Michigan’s economy, workforce, charities, religious institutions, local communities and institutions of government. This group is one of our state’s greatest resources of understanding our past and improving our future. They are truly a foundation upon which we can build a better tomorrow; and

Whereas, This invaluable group of citizens is being honored and admired for their many years of service to the state of Michigan. They have been an indispensable source of knowledge and inspiration throughout the years; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize June 11, 2008, as Older Michiganians’ Day. It is our hope that on this day all Michiganians will honor the older citizens in their lives and recognize the many contributions they have made to Michigan’s communities.

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. Moore, Accavitti, Ball, Bieda, Booher, Brandenburg, Casperson, Constan, Dean, Elsenheimer, Gonzales, Green, Hammel, Hammon, Hansen, Hopgood, Huizenga, Rick Jones, Robert Jones, David Law, LeBlanc, Leland, Marleau, Mayes, Meekhof, Moss, Nitz, Nofs, Opsommer, Palmer, Palsrok, Pearce, Polidori, Proos, Rocca, Sak, Schuitmaker, Shaffer, Stahl, Tobocman and Vagnozzi offered the following resolution:

House Resolution No. 390.

A resolution designating June 21, 2008, as Tuberous Sclerosis Awareness Day in the state of Michigan.

Whereas, It is important to increase awareness of Tuberous Sclerosis Complex (TSC) and support programs to increase research and improve treatment of Tuberous Sclerosis. It is also vital to improve training and support for individuals with Tuberous Sclerosis and those who care for individuals with Tuberous Sclerosis; and

Whereas, The Tuberous Sclerosis Alliance is the only national voluntary health organization dedicated to finding a cure for TSC and improving the lives of those affected through research, support, and education; and

Whereas, TSC affects an estimated 1 in very 6,000 live births in America; and

Whereas, TSC affects some people severely, while others are so mildly affected that it often goes undiagnosed; and

Whereas, People with TSC often develop epilepsy and autism. In fact, TSC is one of the leading known genetic causes of epilepsy and autism. Many other individuals encounter behavioral and learning problems. Despite this, many professionals in the medical and educational fields are still unaware of the best methods to diagnose and treat TSC; and

Whereas, The Tuberous Sclerosis Alliance of Michigan is hosting an opportunity to create awareness of Tuberous Sclerosis and raise funds for research programs and services titled “Step Forward to Cure Tuberous Sclerosis” on June 21, 2008; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body designate June 21, 2008, as Tuberous Sclerosis Awareness Day in the state of Michigan. We recognize and commend the families and individuals affected by TSC for their sacrifice and dedication in dealing with this devastating condition. We commend them for providing the special needs of both children and adults with TSC and for absorbing significant financial costs for treatment and support services; and be it further

Resolved, That we stress the need to begin early intervention services soon after a child has been diagnosed with TSC. Early intervention strategies are the primary therapeutic options for young people with TSC, and early intervention significantly improves outcomes for people with TSC. Early intervention can reduce the level of funding and services needed later in life.

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. Rick Jones, Casperson, Agema, Ball, Booher, Brandenburg, Caswell, Dean, Elsenheimer, Hammel, Hansen, Hopgood, Huizenga, Knollenberg, David Law, LeBlanc, Marleau, Mayes, Meekhof, Meltzer, Moore, Moss, Nitz, Nofs, Opsommer, Palsrok, Polidori, Proos, Schuitmaker, Shaffer, Stahl and Steil offered the following resolution:

House Resolution No. 391.

A resolution to urge the Michigan Department of Natural Resources (DNR) to allow its law enforcement personnel to carry stun guns.

Whereas, Stun guns, also commonly known as “tasers,” are devices or weapons designed to stun or temporarily immobilize a person by delivering an electric shock. Currently, certain authorized persons such as peace officers, corrections officers, court officers, and licensed private investigators, among others, are authorized to carry and use stun guns. The understanding is that these persons have been trained in the use, effects, and risks related to these weapons; and

Whereas, Stun guns provide law enforcement officers with greater flexibility in diffusing potentially dangerous situations. Because stun guns are designed to temporarily incapacitate a person, law enforcement officers are able to use them to disable and apprehend dangerous and aggressive persons while avoiding the use of lethal force. Stun guns provide officers another option to prevent further escalation of force while still controlling and containing dangerous situations; and

Whereas, DNR’s law enforcement personnel often carry out their duties in rural areas dealing with armed citizens and a wide range of potentially hazardous law enforcement functions. Along with their conservation duties, DNR personnel also support and assist other state and local law enforcement in a variety of domestic, traffic and public safety situations. These responsibilities can include apprehending criminal suspects. DNR officers should be given additional less-than-lethal options to deal with dangerous situations; now, therefore, be it

Resolved by the House of Representatives, That we urge the Michigan Department of Natural Resources (DNR) to allow its law enforcement personnel to carry stun guns; and be it further

Resolved, That copies of this resolution be transmitted to the Director of the Department of Natural Resources.

The resolution was referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, June 11:

House Bill Nos. 6229 6230 6231 6232 6233 6234

The Clerk announced that the following Senate bill had been received on Wednesday, June 11:

Senate Bill No. 842

Reports of Standing Committees

The Committee on Judiciary, by Rep. Condino, Chair, reported

House Bill No. 6096, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1a of chapter IX (MCL 769.1a), as amended by 1998 PA 231, and by adding section 30 to chapter IV.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca

Nays: None

The Committee on Judiciary, by Rep. Condino, Chair, reported

House Bill No. 6097, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 4a, 16, 33b, 44, 64a, and 76 (MCL 780.754a, 780.766, 780.783b, 780.794, 780.814a, and 780.826), sections 4a, 33b, and 64a as added by 2004 PA 456 and sections 16, 44, and 76 as amended by 2005 PA 184.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca

Nays: None

The Committee on Judiciary, by Rep. Condino, Chair, reported

House Bill No. 6098, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 30 and 31 of chapter XIIA (MCL 712A.30 and 712A.31), as amended by 1996 PA 561.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca

Nays: None

The Committee on Judiciary, by Rep. Condino, Chair, reported

House Bill No. 6100, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending the title and sections 4a, 33b, and 64a (MCL 780.754a, 780.783b, and 780.814a), the title as amended by 1988 PA 22 and sections 4a, 33b, and 64a as added by 2004 PA 456.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca

Nays: None

The Committee on Judiciary, by Rep. Condino, Chair, reported

House Bill No. 6101, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 5 (MCL 445.65), as amended by 2006 PA 246.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca

Nays: None

The Committee on Judiciary, by Rep. Condino, Chair, reported

House Bill No. 6104, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 14.

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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca

Nays: None

The Committee on Judiciary, by Rep. Condino, Chair, reported

House Resolution No. 310.

A resolution to memorialize the United States Congress to enact the Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act, the Youth PROMISE Act.

(For text of resolution, see House Journal No. 28, p. 568.)

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. Condino, Coulouris, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 11, 2008

Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca

The Committee on Tax Policy, by Rep. Bieda, Chair, reported

House Bill No. 6010, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 111 (MCL 208.1111), as amended by 2007 PA 207.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Melton, Sheltrown, Steil, Palmer and Calley

Nays: None

The Committee on Tax Policy, by Rep. Bieda, Chair, reported

Senate Bill No. 1239, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2008 PA 96.

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. Bieda, Condino, Farrah, Robert Jones, Mayes, Melton, Sheltrown, Steil, Palmer and Calley

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 11, 2008

Present: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Meltzer, Sheen, Steil, Palmer, Wenke and Calley

Absent: Reps. Young and Pastor

Excused: Reps. Young and Pastor

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

Senate Bill No. 1099, entitled

A bill to make appropriations for certain state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2009; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

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. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Jackson, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi and Caul

Nays: Reps. Hood, Acciavatti, Brandenburg and Amos

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Byrum, Chair, of the Committee on Intergovernmental, Urban and Regional Affairs, was received and read:

Meeting held on: Wednesday, June 11, 2008

Present: Reps. Byrum, Coulouris, Meadows, Tobocman, Pavlov, Nitz, Meekhof and Opsommer

Absent: Reps. Young, Farrah and Johnson

Excused: Reps. Young, Farrah and Johnson

Messages from the Senate

Senate Bill No. 842, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1246, 1280b, 1527, and 1531 (MCL 380.1246, 380.1280b, 380.1527, and 380.1531), section 1246 as amended by 2004 PA 148, section 1280b as added by 2000 PA 230, section 1527 as added by 1995 PA 289, and section 1531 as amended by 2007 PA 32, and by adding section 1283.

The Senate has passed the bill.

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

Senate Bill No. 1107, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18b, 19, 20, 20d, 20j, 22a, 22b, 22d, 24, 24a, 24c, 25c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32c, 32d, 32j, 32l, 37, 38, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 56, 57, 61a, 62, 64, 65, 74, 81, 94a, 98, 99, 99e, 104, 104b, 105, 105c, 107, 147, 151, and 164c (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618b, 388.1619, 388.1620, 388.1620d, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1624, 388.1624a, 388.1624c, 388.1625c, 388.1626a, 388.1626b, 388.1629, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632c, 388.1632d, 388.1632j, 388.1632l, 388.1637, 388.1638, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1664, 388.1665, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1699e, 388.1704, 388.1704b, 388.1705, 388.1705c, 388.1707, 388.1747, 388.1751, and 388.1764c), sections 3, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 19, 20, 20j, 22a, 22b, 22d, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32c, 32d, 32j, 32l, 37, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 56, 57, 61a, 62, 64, 65, 74, 81, 94a, 98, 99, 99e, 104, 107, and 151 as amended by 2007 PA 137, sections 4 and 164c as amended by 2005 PA 155, section 18b as added by 2000 PA 297, section 20d as amended by 1997 PA 93, section 25c as added by 2001 PA 121, section 38 as amended by 2003 PA 158, section 104b as added by 2004 PA 593, sections 105 and 105c as amended by 2006 PA 342, and section 147 as amended by 2007 PA 92, and by adding sections 11n, 22e, 32e, 42, 57a, 99m, 99n, and 99o; and to repeal acts and parts of acts.

The Senate has nonconcurred in the House substitute (H-5) and appointed Senators Jelinek, Brown and Switalski as conferees.

The message was referred to the Clerk for record.

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 511, Reps. Hood, Lahti and Acciavatti.

Messages from the Governor

Date: June 11, 2008

Time: 11:10 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4216 (Public Act No. 159, I.E.), being

An act to amend 1965 PA 290, entitled “An act to regulate the use, construction, installation and repair of boilers; to create a board of boiler rules; to prescribe uniform rules and regulations for boilers; to provide for the licensing of boiler inspectors, installers and repairers; to provide fees for licenses, permits, inspections and certificates; to provide penalties for the violation of this act; and to repeal certain acts and parts of acts,” by amending the title and sections 2, 4, 4a, 7, 12, 14, and 24 (MCL 408.752, 408.754, 408.754a, 408.757, 408.762, 408.764, and 408.774), section 2 as amended by 2004 PA 103, sections 4 and 7 as amended by 1980 PA 274, and section 4a as amended by 2004 PA 265, and by adding sections 13a, 13b, 13c, and 13d.

(Filed with the Secretary of State June 11, 2008, at 11:50 a.m.)

Date: June 11, 2008

Time: 11:25 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5963 (Public Act No. 160, I.E.), being

An act entering into the interstate compact on educational opportunity for military children: and for related purposes.

(Filed with the Secretary of State June 11, 2008, at 11:52 a.m.)

Date: June 11, 2008

Time: 11:30 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5936 (Public Act No. 161, I.E.), being

An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” by amending sections 720, 723, 724, 728, and 734 (MCL 339.720, 339.723, 339.724, 339.728, and 339.734), sections 720 and 724 as added by 1997 PA 10, sections 723 and 734 as amended by 2005 PA 278, and section 728 as amended by 2000 PA 334, and by adding sections 727a and 734a.

(Filed with the Secretary of State June 11, 2008, at 11:54 a.m.)

Introduction of Bills

Rep. Corriveau introduced

House Bill No. 6235, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 520 and 522 (MCL 206.520 and 206.522), section 520 as amended by 1995 PA 245 and section 522 as amended by 2000 PA 41.

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

______

Rep. Angerer moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Second Reading of Bills

Senate Bill No. 1099, entitled

A bill to make appropriations for certain state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2009; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

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

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

Rep. Proos moved to amend the bill as follows:

1. Amend page 9, line 11, after “436.” by striking out “It is the intent of the legislature that” and inserting “It is expected that each university will limit its resident undergraduate tuition and required fees increase from academic year 2007-2008 to academic year 2008-2009 to no more than the projected inflationary increase of 2.6%. Additionally,”.

2. Amend page 25, line 24, after “436.” by striking out “It is the intent of the legislature that” and inserting “It is expected that each university will limit its resident undergraduate tuition and required fees increase from academic year 2007-2008 to academic year 2008-2009 to no more than the projected inflationary increase of 2.6%. Additionally,”.

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

Rep. Agema moved to amend the bill as follows:

1. Amend page 6, following line 5, by inserting:

“(4) If a state institution of higher education fails to comply with section 218, the state treasurer shall withhold 5% from the monthly installments under subsection (1) paid to the university until the requirements of section 218 are met.”.

2. Amend page 7, following line 9, by inserting:

“Sec. 218. In light of sections 1, 3, and 4 of 1846 RS 83, MCL 551.1, 551.3, and 551.4, and section 1 of 1939 PA 168, MCL 551.271, a state institution of higher education receiving funding under this article shall not use part 1 money to extend employee benefits to the unmarried partners of the institution of higher education’s employees.”.

3. Amend page 23, following line 25, by inserting:

“(4) If a state institution of higher education fails to comply with section 218, the state treasurer shall withhold 5% from the monthly installments under subsection (1) paid to the university until the requirements of section 218 are met.”.

4. Amend page 25, following line 2, by inserting:

“Sec. 218. In light of sections 1, 3, and 4 of 1846 RS 83, MCL 551.1, 551.3, and 551.4, and section 1 of 1939 PA 168, MCL 551.271, a state institution of higher education receiving funding under this article shall not use part 1 money to extend employee benefits to the unmarried partners of the institution of higher education’s employees.”.

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

______

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

The motion prevailed.

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

The motion prevailed.

Rep. Agema moved to amend the bill as follows:

1. Amend page 7, following line 9, by inserting:

“Sec. 218. A university that receives an appropriation under this act shall not reduce or discount the net tuition and fees paid by an individual illegally residing within this country below the standard nonresident tuition and fee rate charged by that institution.”.

2. Amend page 25, following line 2, by inserting:

“Sec. 218. A university that receives an appropriation under this act shall not reduce or discount the net tuition and fees paid by an individual illegally residing within this country below the standard nonresident tuition and fee rate charged by that institution.”.

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

Rep. Simpson demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 514 Yeas—90

Accavitti Donigan Knollenberg Pavlov

Acciavatti Ebli Lahti Pearce

Agema Elsenheimer LaJoy Polidori

Amos Emmons Law, David Proos

Angerer Espinoza LeBlanc Robertson

Ball Farrah Lindberg Rocca

Bennett Gaffney Marleau Sak

Bieda Garfield Mayes Schuitmaker

Booher Gonzales McDowell Scott

Brandenburg Green Meekhof Shaffer

Brown Griffin Meisner Sheen

Byrum Hammel Melton Sheltrown

Calley Hammon Meltzer Simpson

Casperson Hansen Miller Smith, Virgil

Caswell Hildenbrand Moolenaar Spade

Caul Hoogendyk Moore Stahl

Cheeks Hopgood Moss Stakoe

Clemente Horn Nitz Steil

Constan Huizenga Nofs Valentine

Corriveau Hune Palmer Walker

Dean Jackson Palsrok Wenke

DeRoche Jones, Rick Pastor Wojno

Dillon Jones, Robert

Nays—17

Bauer Cushingberry Leland Tobocman

Byrnes Gillard Lemmons Vagnozzi

Clack Hood Meadows Warren

Condino Law, Kathleen Smith, Alma Young

Coulouris

In The Chair: Sak

Rep. Schuitmaker moved to amend the bill as follows:

1. Amend page 3, line 13, by striking out all of sections 102, 103, and 104, and inserting:

Sec. 102. MICHIGAN STATE UNIVERSITY

Operations.................................................................................................................................... $ 297,530,300

Agricultural experiment station.................................................................................................... 35,016,100

Cooperative extension service...................................................................................................... 30,202,000

GROSS APPROPRIATION.......................................................................................................... $ 362,748,400

Appropriated from:

State general fund/general purpose.............................................................................................. $ 362,748,400

Sec. 103. UNIVERSITY OF MICHIGAN - ANN ARBOR

Operations.................................................................................................................................... $ 330,377,800

GROSS APPROPRIATION.......................................................................................................... $ 330,377,800

Appropriated from:

State general fund/general purpose.............................................................................................. $ 330,377,800

Sec. 104. WAYNE STATE UNIVERSITY

Operations.................................................................................................................................... $ 223,429,700

GROSS APPROPRIATION.......................................................................................................... $ 223,429,700

Appropriated from:

State general fund/general purpose.............................................................................................. $ 223,429,700”.

2. Amend page 8, line 13, after “is” by striking out “$3,033,100.00” and inserting “$3,042,000.00”.

3. Amend page 8, line 14, after “and” by striking out “$2,689,700.00” and inserting “$2,697,600.00”.

4. Amend page 20, line 1, by striking out all of sections 102 through 113 and inserting:

Sec. 102. CENTRAL MICHIGAN UNIVERSITY

Operations.................................................................................................................................... $ 85,614,900

GROSS APPROPRIATION.......................................................................................................... $ 85,614,900

Appropriated from:

State general fund/general purpose.............................................................................................. $ 85,614,900

Sec. 103. EASTERN MICHIGAN UNIVERSITY

Operations.................................................................................................................................... $ 80,943,300

GROSS APPROPRIATION.......................................................................................................... $ 80,943,300

Appropriated from:

State general fund/general purpose.............................................................................................. $ 80,943,300

Sec. 104. FERRIS STATE UNIVERSITY

Operations.................................................................................................................................... $ 51,638,600

GROSS APPROPRIATION.......................................................................................................... $ 51,638,600

Appropriated from:

State general fund/general purpose.............................................................................................. $ 51,638,600

Sec. 105. GRAND VALLEY STATE UNIVERSITY

Operations.................................................................................................................................... $ 66,953,800

GROSS APPROPRIATION.......................................................................................................... $ 66,953,800

Appropriated from:

State general fund/general purpose.............................................................................................. $ 66,953,800

Sec. 106. LAKE SUPERIOR STATE UNIVERSITY

Operations.................................................................................................................................... $ 13,385,000

GROSS APPROPRIATION.......................................................................................................... $ 13,385,000

Appropriated from:

State general fund/general purpose.............................................................................................. $ 13,385,000

Sec. 107. MICHIGAN TECHNOLOGICAL UNIVERSITY

Operations.................................................................................................................................... $ 50,061,800

GROSS APPROPRIATION.......................................................................................................... $ 50,061,800

Appropriated from:

State general fund/general purpose.............................................................................................. $ 50,061,800

Sec. 108. NORTHERN MICHIGAN UNIVERSITY

Operations.................................................................................................................................... $ 47,640,200

GROSS APPROPRIATION.......................................................................................................... $ 47,640,200

Appropriated from:

State general fund/general purpose.............................................................................................. $ 47,640,200

Sec. 109. OAKLAND UNIVERSITY

Operations.................................................................................................................................... $ 54,450,100

GROSS APPROPRIATION.......................................................................................................... $ 54,450,100

Appropriated from:

State general fund/general purpose.............................................................................................. $ 54,450,100

Sec. 110. SAGINAW VALLEY STATE UNIVERSITY

Operations.................................................................................................................................... $ 29,710,300

GROSS APPROPRIATION.......................................................................................................... $ 29,710,300

Appropriated from:

State general fund/general purpose.............................................................................................. $ 29,710,300

Sec. 111. UNIVERSITY OF MICHIGAN - DEARBORN

Operations.................................................................................................................................... $ 26,332,100

GROSS APPROPRIATION.......................................................................................................... $ 26,332,100

Appropriated from:

State general fund/general purpose.............................................................................................. $ 26,332,100

Sec. 112. UNIVERSITY OF MICHIGAN - FLINT

Operations.................................................................................................................................... $ 22,284,800

GROSS APPROPRIATION.......................................................................................................... $ 22,284,800

Appropriated from:

State general fund/general purpose.............................................................................................. $ 22,284,800

Sec. 113. WESTERN MICHIGAN UNIVERSITY

Operations.................................................................................................................................... $ 115,956,300

GROSS APPROPRIATION.......................................................................................................... $ 115,956,300

Appropriated from:

State general fund/general purpose.............................................................................................. $ 115,956,300”.

5. Amend page 38, line 8, by striking out “37,930,500” and inserting “35,530,500” and adjusting the subtotals, totals, and section 201 accordingly.

6. Amend page 40, line 8, by striking out all of subsection (6).

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

Rep. Meltzer moved to amend the bill as follows:

1. Amend page 19, following line 17, by inserting:

“Sec. 715. A university receiving an appropriation in part 1 shall agree to participate in a system such as the voluntary system of accountability (VSA) program developed by the American association of state colleges and universities (AASCU) and the national association of state universities and land grant colleges (NASULGC). Each university shall also participate in a project such as the college portrait web reporting template in an effort to better improve university transparency and to further identify effective educational practices.”.

2. Amend page 37, following line 7, by inserting:

“Sec. 715. A university receiving an appropriation in part 1 shall agree to participate in a system such as the voluntary system of accountability (VSA) program developed by the American association of state colleges and universities (AASCU) and the national association of state universities and land grant colleges (NASULGC). Each university shall also participate in a project such as the college portrait web reporting template in an effort to better improve university transparency and to further identify effective educational practices.”.

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

______

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

The motion prevailed.

Rep. Rick Jones moved to amend the bill as follows:

1. Amend page 7, following line 9, by inserting:

“Sec. 218. A state institution of higher education that receives funds under this act shall enroll, upon application, any Michigan resident who graduates from an accredited Michigan high school among the top 10% of that school’s graduating class.”.

2. Amend page 25, following line 2, by inserting:

“Sec. 218. A state institution of higher education that receives funds under this act shall enroll, upon application, any Michigan resident who graduates from an accredited Michigan high school among the top 10% of that school’s graduating class.”.

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

Rep. Jackson demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 515 Yeas—71

Amos Ebli Knollenberg Pearce

Angerer Elsenheimer Law, David Polidori

Ball Emmons LeBlanc Robertson

Booher Espinoza Marleau Sak

Brandenburg Garfield Mayes Schuitmaker

Brown Gillard McDowell Shaffer

Calley Green Meekhof Sheen

Casperson Griffin Melton Sheltrown

Caswell Hammon Meltzer Simpson

Caul Hansen Moolenaar Smith, Virgil

Cheeks Hildenbrand Moore Spade

Clack Hoogendyk Moss Stahl

Clemente Horn Nitz Stakoe

Constan Huizenga Nofs Steil

Corriveau Hune Opsommer Valentine

Cushingberry Jackson Palsrok Walker

Dean Johnson Pastor Wojno

DeRoche Jones, Rick Pavlov

Nays—36

Acciavatti Donigan LaJoy Proos

Agema Farrah Law, Kathleen Rocca

Bauer Gaffney Leland Scott

Bennett Gonzales Lemmons Smith, Alma

Bieda Hammel Lindberg Tobocman

Byrnes Hood Meadows Vagnozzi

Byrum Hopgood Meisner Warren

Condino Jones, Robert Miller Wenke

Coulouris Lahti Palmer Young

In The Chair: Sak

Rep. Pavlov moved to amend the bill as follows:

1. Amend page 9, following line 24, by inserting:

“Sec. 437. (1) Subject to subsections (2) and (3), the amount appropriated in part 1 shall only be paid to a university that certifies to the state budget director by October 15, 2008 that it has reduced its in-state undergraduate tuition and fees for the 2008-2009 academic year by 5% from its in-state undergraduate tuition and fees in the 2007-2008 academic year.

(2) A university that has adopted in-state undergraduate tuition and fees for the 2008-2009 academic year which equate to more than a 5% reduction from its in-state undergraduate tuition and fees in the 2007-2008 academic year, but subsequently rebates to its students by October 15, 2008 an amount equal to the tuition increase satisfies the requirements of subsection (1).

(3) Only those universities receiving an appropriation in part 1 which exceeds its operations appropriation from fiscal year 2007-2008 are required to satisfy the requirements of subsection (1).

(4) For the purposes of this section, a university’s 2007-2008 tuition rates and fees are the average of its fall and winter semester tuition rates and fees.

(5) The state budget director shall implement a university reporting requirement based on definitions and uniform reporting requirements provided by the state budget director and the house and senate fiscal agencies, to ensure that a university receiving an appropriation under part 1 satisfies the tuition increase limitations of this section.”.

2. Amend page 26, following line 11, by inserting:

“Sec. 437. (1) Subject to subsections (2) and (3), the amount appropriated in part 1 shall only be paid to a university that certifies to the state budget director by October 15, 2008 that it has reduced its in-state undergraduate tuition and fees for the 2008-2009 academic year by 5% from its in-state undergraduate tuition and fees in the 2007-2008 academic year.

(2) A university that has adopted in-state undergraduate tuition and fees for the 2008-2009 academic year which equate to more than a 5% reduction from its in-state undergraduate tuition and fees in the 2007-2008 academic year, but subsequently rebates to its students by October 15, 2008 an amount equal to the tuition increase satisfies the requirements of subsection (1).

(3) Only those universities receiving an appropriation in part 1 which exceeds its operations appropriation from fiscal year 2007-2008 are required to satisfy the requirements of subsection (1).

(4) For the purposes of this section, a university’s 2007-2008 tuition rates and fees are the average of its fall and winter semester tuition rates and fees.

(5) The state budget director shall implement a university reporting requirement based on definitions and uniform reporting requirements provided by the state budget director and the house and senate fiscal agencies, to ensure that a university receiving an appropriation under part 1 satisfies the tuition increase limitations of this section.”.

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

Rep. Vagnozzi moved to amend the bill as follows:

1. Amend page 7, line 7, by striking out all of section 217.

2. Amend page 24, line 27, by striking out all of section 217.

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

Rep. Amos moved to amend the bill as follows:

1. Amend page 26, following line 18, by inserting:

“Sec. 450. (1) For the fiscal year ending September 30, 2009, it is the intent of the legislature that an amount calculated under subsection (2) be allocated for per-student floor funding from the general fund/general purpose unreserved balances at the close of the 2007-2008 fiscal year.

(2) The amount allocated under subsection (1) for per-student floor funding is equal to $3,775.00 per 2006-2007 fiscal‑year-equated student at each university. The number of 2006-2007 students at a university is determined by reference to the higher education institutional data inventory (HEIDI).”.

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

Rep. Byrnes moved to substitute (H-2) the bill.

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

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. 1099, entitled

A bill to make appropriations for certain state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2009; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

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

Roll Call No. 516 Yeas—61

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Rick Rocca

Bauer Dillon Jones, Robert Sak

Bennett Donigan Lahti Scott

Bieda Ebli Law, Kathleen Sheltrown

Brown Espinoza LeBlanc Simpson

Byrnes Farrah Leland Smith, Alma

Byrum Gaffney Lemmons Smith, Virgil

Caul Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hopgood Melton Wojno

Corriveau Jackson Miller Young

Coulouris

Nays—45

Acciavatti Hildenbrand Meltzer Pearce

Agema Hood Moolenaar Proos

Amos Hoogendyk Moore Robertson

Brandenburg Horn Moss Schuitmaker

Calley Huizenga Nitz Shaffer

Casperson Hune Nofs Sheen

Caswell Knollenberg Opsommer Stahl

Elsenheimer LaJoy Palmer Stakoe

Emmons Law, David Palsrok Steil

Garfield Marleau Pastor Walker

Green Meekhof Pavlov Wenke

Hansen

In The Chair: Sak

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

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

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2009; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. 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 has a $38 mil increase, with increased ITW’s at $2.5 mil and is not a fair expenditure for W. Mi. schools.”

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 6205, entitled

A bill to amend 1975 PA 222, entitled “Higher education loan authority act,” by amending section 5 (MCL 390.1155), as amended by 2002 PA 547.

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. Cushingberry, Bauer, Bennett, Byrnes, Espinoza, Hammel, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Brandenburg and Nofs

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 11, 2008

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

Second Reading of Bills

House Bill No. 6205, entitled

A bill to amend 1975 PA 222, entitled “Higher education loan authority act,” by amending section 5 (MCL 390.1155), as amended by 2002 PA 547.

The bill was read a second time.

Rep. Byrnes 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. 6205, entitled

A bill to amend 1975 PA 222, entitled “Higher education loan authority act,” by amending section 5 (MCL 390.1155), as amended by 2002 PA 547.

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

Roll Call No. 517 Yeas—100

Accavitti Dean Jones, Robert Palmer

Acciavatti Dillon Knollenberg Palsrok

Agema Donigan Lahti Pavlov

Amos Ebli LaJoy Pearce

Angerer Elsenheimer Law, David Polidori

Ball Emmons Law, Kathleen Proos

Bauer Espinoza LeBlanc Rocca

Bennett Farrah Leland Sak

Bieda Gaffney Lemmons Schuitmaker

Booher Gillard Lindberg Scott

Brown Gonzales Marleau Shaffer

Byrnes Green Mayes Sheltrown

Byrum Griffin McDowell Simpson

Calley Hammel Meadows Smith, Alma

Casperson Hammon Meekhof Smith, Virgil

Caswell Hansen Meisner Spade

Caul Hildenbrand Melton Stahl

Cheeks Hood Meltzer Stakoe

Clack Hopgood Miller Tobocman

Clemente Horn Moolenaar Vagnozzi

Condino Huizenga Moore Valentine

Constan Hune Moss Walker

Corriveau Jackson Nitz Warren

Coulouris Johnson Nofs Wojno

Cushingberry Jones, Rick Opsommer Young

Nays—9

Brandenburg Hoogendyk Robertson Steil

DeRoche Pastor Sheen Wenke

Garfield

In The Chair: Sak

The House agreed to the title of the bill.

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

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

______

Rep. Hammel moved that the House adjourn.

The motion prevailed, the time being 5:20 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, June 12, at 12:00 Noon.

RICHARD J. BROWN

Clerk of the House of Representatives

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