2007-HJ-03-15-026.htm

No. 26

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Thursday, March 15, 2007.

12:00 Noon.

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

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

Accavitti--present Dillon--present Lahti--present Pearce--present

Acciavatti--present Donigan--present LaJoy--present Polidori--present

Agema--present Ebli--present Law, David--present Proos--present

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Corriveau--present Jackson--e/d/s Palmer--present Warren--present

Coulouris--present Johnson--present Palsrok--present Wenke--e/d/s

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

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

DeRoche--present Knollenberg--present

e/d/s = entered during session

Rep. Kevin J. Green, from the 77th District, offered the following invocation:

"Almighty God, as we gather here today on behalf of the people of Michigan, let us celebrate the life of Your servant St. Patrick, whose faith in Your son Jesus Christ and personal determination changed the history of Ireland, Western Civilization, and the World.

St. Patrick lived in a perilous time, the beginning of Europe's 'Dark Ages'. He was charged with a difficult task: to bring Your Word to the far corner of the Ancient World to an unfamiliar people. In times when it was easy to be pessimistic and cynical, Patrick put his faith in Your Commandments and Christ's teachings.

For 1,500 years, Patrick's sacrifices and accomplishments have been the subject of story and song. We thank You for his example and contribution.

Your disciples in this Chamber, Father, hope to accomplish great things as well. We were called to serve in a difficult time in the history of Michigan, but we embody the hopes and aspirations of a people determined to restore this state to Greatness.

Father, extend Your blessings on our work today. Grant us the courage to do what is right rather that what is easy. Grant us the right judgment to base our decisions on our conscience and our convictions. Grant us the enlightened wisdom to create solutions that will lead this people toward a bright future worthy of Your Name.

Father, freedom is among Your most sacred gifts to mankind. Free people form governments whose purpose is to provide for the collective good and guarantee our safety. You told the Prophets that governments that were righteous would prosper and those that were not righteous would fail. Christ provided us the perfect example of servant leadership. As servant leaders we can provide our State with a righteous government that will receive all the blessing You have promised us throughout the ages, Lord God.

We will remember the extraordinary life of St. Patrick in our work today, Father. We welcome Your continued blessings upon this House and all the people of Michigan. Amen."

Third Reading of Bills

House Bill No. 4189, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27a (MCL 211.27a), as amended by 2006 PA 446.

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

Roll Call No. 45 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 Hune Opsommer Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

Nays--0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

______

Reps. Jackson and Wenke entered the House Chambers.

House Bill No. 4167, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 234a and 234b (MCL 750.234a and 750.234b), as amended by 2005 PA 303.

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

Roll Call No. 46 Yeas--109

Accavitti Donigan Lahti Pearce

Acciavatti 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 Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Dillon

Nays--1

Agema

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. Lindberg, Tobocman, LaJoy, Brandenburg, Amos, Garfield, Caswell, Nofs, Moolenaar, Palsrok, Casperson, Ball, Bennett, Booher, Byrnes, Rick Jones, David Law, Marleau, Proos, Schuitmaker, Alma Smith, Corriveau, Coulouris, DeRoche, Robert Jones, Melton and Moss were named co-sponsors of the bill.

House Bill No. 4168, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2005 PA 106.

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

Roll Call No. 47 Yeas--109

Accavitti Donigan Lahti Pearce

Acciavatti 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 Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Dillon

Nays--1

Agema

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. Lindberg, Tobocman, LaJoy, Nofs, Moolenaar, Palsrok, Dillon, Ball, Booher, David Law, Marleau, Proos, Schuitmaker, Corriveau, Coulouris, DeRoche, Robert Jones, Melton and Scott were named co-sponsors of the bill.

House Bill No. 4327, entitled

A bill to repeal 1939 PA 113, entitled "An act relative to domestic or foreign grown tomatoes; and to prescribe penalties for the violation of the provisions of this act," (MCL 752.751 to 752.752).

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

Roll Call No. 48 Yeas--110

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 Hune Opsommer Ward

Corriveau Jackson Palmer Warren

Coulouris Johnson Palsrok Wenke

Cushingberry Jones, Rick Pastor Wojno

Dean Jones, Robert Pavlov Young

DeRoche Knollenberg

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. 4228, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 11b to chapter VI.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4421, entitled

A bill to amend 1988 PA 265, entitled "District library financing act," by amending section 8 (MCL 397.288), as amended by 1989 PA 25.

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

The motion prevailed.

House Bill No. 4285, entitled

A bill to regulate political activity; to regulate certain candidates for elective office and state officials; to require financial statements and reports; to prescribe the powers and duties of certain state and local governmental officers and agencies; to impose fees; to prescribe penalties and civil sanctions; and to provide 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 Ethics and Elections,

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

Rep. Tobocman moved to amend the bill as follows:

1. Amend page 3, line 21, by striking out "secretary of state" and inserting "bureau of elections".

2. Amend page 4, line 17, after the first "the" by striking out "secretary of state" and inserting "bureau of elections".

3. Amend page 11, line 3, by striking out "secretary of state" and inserting "bureau of elections".

4. Amend page 12, line 5, after "effect" by striking out "January 1" and inserting "May 2".

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

Rep. Ward moved to amend the bill as follows:

1. Amend page 2, line 2, after "state" by inserting "or local".

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

"(x) An elective public office for which the compensation is greater than 2 times the statewide median gross income as determined under section 143(f) of the internal revenue code, 26 USC 143(f).".

3. Amend page 3, line 4, after "(h)" by striking out ""State official"" and inserting ""State or local official"".

4. Amend page 3, line 12, after "state" by inserting "or local".

5. Amend page 3, line 16, after "state" by inserting "or local".

6. Amend page 3, line 18, after "state" by inserting "or local".

7. Amend page 4, line 14, after "state" by inserting "or local".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 49 Yeas--72

Accavitti Dillon Marleau Rocca

Acciavatti Donigan Meekhof Sak

Agema Ebli Meltzer Schuitmaker

Amos Elsenheimer Miller Scott

Angerer Emmons Moolenaar Shaffer

Ball Gaffney Moore Sheen

Bennett Garfield Moss Simpson

Bieda Gillard Nitz Smith, Alma

Booher Hansen Nofs Spade

Brandenburg Hildenbrand Opsommer Stahl

Brown Hoogendyk Palmer Stakoe

Calley Horn Palsrok Steil

Casperson Huizenga Pastor Vagnozzi

Caswell Hune Pavlov Walker

Caul Jones, Rick Pearce Ward

Clemente Knollenberg Polidori Warren

Corriveau LaJoy Proos Wenke

DeRoche Law, David Robertson Wojno

Nays--38

Bauer Espinoza Johnson McDowell

Byrnes Farrah Jones, Robert Meadows

Byrum Gonzales Lahti Meisner

Cheeks Green Law, Kathleen Melton

Clack Griffin LeBlanc Sheltrown

Condino Hammel Leland Smith, Virgil

Constan Hammon Lemmons Tobocman

Coulouris Hood Lindberg Valentine

Cushingberry Hopgood Mayes Young

Dean Jackson

In The Chair: Sak

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4285, entitled

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

Roll Call No. 50 Yeas--89

Accavitti Donigan LaJoy Pastor

Acciavatti Ebli Law, David Pavlov

Angerer Elsenheimer Law, Kathleen Polidori

Ball Emmons LeBlanc Proos

Bauer Espinoza Leland Rocca

Bennett Farrah Lemmons Sak

Bieda Gillard Lindberg Schuitmaker

Brandenburg Gonzales Marleau Scott

Brown Griffin Mayes Shaffer

Byrnes Hammon McDowell Sheltrown

Byrum Hansen Meadows Simpson

Calley Hildenbrand Meekhof Smith, Alma

Casperson Hood Meisner Smith, Virgil

Caul Hopgood Melton Spade

Cheeks Horn Meltzer Tobocman

Clack Huizenga Miller Vagnozzi

Clemente Hune Moolenaar Valentine

Condino Johnson Moore Ward

Constan Jones, Rick Moss Warren

Corriveau Jones, Robert Opsommer Wenke

Coulouris Knollenberg Palmer Wojno

Dean Lahti Palsrok Young

Dillon

Nays--19

Agema Garfield Nitz Stahl

Amos Green Nofs Stakoe

Booher Hammel Pearce Steil

Caswell Hoogendyk Robertson Walker

Gaffney Jackson Sheen

In The Chair: Sak

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

No vote Explanation on HB4285

If this legislation was to be proposed requiring any other citizen or business person to reveal this kind of information, I would adamantly oppose it. Michigan already has term limitations, add this to the mix and you will further diminish the number of qualified candidates, who will run for office in this state. This legislation is an intrusion into my privacy, my wife's privacy, my children's policy, and my for-profit and non-profit business associates. I oppose any further government intrusion into the lives of citizens including elected officials."

Rep. Stahl, 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:

If this legislation was to be proposed requiring any other citizen or business person to reveal

this kind of information, I would adamantly oppose it. Michigan already has term limitations,

add this to the mix and you will further diminish the number of qualified candidates, who will run for office in this state. This legislation is an intrusion into my privacy, my children's policy, and my profit and non-profit business associates. I oppose any further government intrusion into the lives of citizens including elected officials."

Rep. Hoogendyk, 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:

No vote Explanation on HB4285 If this legislation was to be proposed requiring any other citizen or business person to reveal this kind of information, I would adamantly oppose it. Michigan already has term limitations, add this to the mix and you will further diminish the number of qualified candidates, who will run for office in this state. This legislation is an intrusion into my privacy, my wife's privacy and my children's privacy. I oppose any further government intrusion into the lives of citizens who wish to serve this state and their community as elected officials."

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

"Mr. Speaker and members of the House:

I must vote 'no' on this legislation because I genuinely believe it represents an unfair intrusion into the personal lives of our citizens who wish to serve in public office. The bills provisions extend disclosure to spouses and dependent children. Extending disclosure to dependent children is unfair to those children and extends the State's reach much to far. As an elected official I accept public scrutiny but this legislation should be offensive to all those who value privacy."

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that when the House adjourns today it stand adjourned until Tuesday, March 20, at 1:30 p.m.

The motion prevailed.

Reps. Miller, Accavitti, Bieda, Brown, Clack, Condino, Constan, Cushingberry, Dean, Farrah, Garfield, Gonzales, Hammel, Hammon, Hoogendyk, Hopgood, Robert Jones, Lemmons, Marleau, Mayes, Meadows, Moss, Palmer, Palsrok, Pastor, Pearce, Sak, Sheltrown, Alma Smith, Spade, Tobocman and Vagnozzi offered the following resolution:

House Resolution No. 48.

A resolution commemorating April 24, 2007, as Michigan's Day of Remembrance of the Armenian Genocide of 1915-1923.

Whereas, Each year, on April 24th, all Armenians observe the anniversary of the Turkish crime of genocide that shocked the sensibilities of the civilized world. The Armenians pause on this day to mourn and honor the memory of kinfolk by appropriate religious and civil ceremonies; and

Whereas, April 24th is more than an Armenian day of mourning. The denial of justice is morally affecting all mankind. Therefore, April 24th is a day on which each year the Armenians remind the world that their problems, with which it has been plagued without end, will remain insoluble so long as justice is ignored; and

Whereas, One and one-half million men, women, and children of Armenian descent were victims of the brutal genocide perpetrated by the Turkish Ottoman Empire from 1915-1923. The Armenian Genocide and massacres of the Armenian people represented a deliberate attempt to eliminate all traces of a thriving noble civilization over 3,000years-old. The Armenian people have not received reparations for their losses. To this day revisionists still inexplicably deny the existence of these horrific events; and

Whereas, Prior to the invasion of Poland in 1939, Adolf Hitler, the German Nazi dictator, seeking to dispel fears among his military command regarding the world's response to his genocidal plans, asked "Who, after all, today speaks of the Armenians?"; and

Whereas, The world must be reminded that this unpunished act of genocide of the Armenians in 1915 in no small measure contributed to the genocide of the Jewish and Polish populations in World War II; and,

Whereas, Recognition of the anniversary of this genocide is crucial to ensure against the repetition of future genocides and educate people about the atrocities connected to this horrific event; and

Whereas, The Legislature, through Public Act 558 of 2002, established April 24th as Michigan Day of remembrance of the Armenian genocide. It also declared the period beginning on the Sunday before the 24th through the following Sunday to be the days of remembrance in this state; and

Whereas, Armenia is now a free and independent republic, having embraced democracy following nearly 70 years of oppressive Soviet domination; and

Whereas, Armenian-Americans living in Michigan have greatly enriched our state through their leadership in business, agriculture, academia, government, and the arts; and

Whereas, We join Armenian-Americans and the Armenian community abroad to mourn the loss of so many innocent lives. But, the lessons learned must contribute to the development of international intervention principles and human rights awareness; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate April 24, 2007, as Michigan's Day of Remembrance of the Armenian Genocide of 1915-1923; and be it further

Resolved, That copies of this resolution be forwarded to the Honorable Governor, Jennifer M. Granholm, the Honorable Lieutenant Governor, John D. Cherry, the Honorable Senate Majority Leader, Michael D. Bishop, and the Honorable Speaker of the House of Representatives, Andy Dillon.

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. Bauer, Sak, Meadows, Bieda, Rick Jones, Opsommer, Byrum, Booher, Accavitti, Agema, Ball, Brown, Clack, Condino, Constan, Cushingberry, Dean, Elsenheimer, Farrah, Garfield, Gonzales, Hammel, Hammon, Hopgood, Johnson, Robert Jones, David Law, Lemmons, Marleau, Mayes, Moss, Palsrok, Pastor, Pearce, Shaffer, Sheltrown, Alma Smith, Spade, Tobocman and Vagnozzi offered the following resolution:

House Resolution No. 49.

A resolution congratulating Lansing Community College on their 50th anniversary.

Whereas, It is with great pleasure that this legislative body join the entire state of Michigan in congratulating Lansing Community College on its 50th year anniversary celebration. Lansing Community College has served the citizens of Michigan for half a century by providing access to the latest information and technological resources, professional and knowledgeable faculty and staff, and, above all, quality and affordable educational opportunities for thousands of individuals; and

Whereas, Lansing Community College began as a part of the Lansing School District educating fifteen students in a single classroom. Today, it is an independent, multiple campus, and comprehensive community college providing superior instruction. From 1957 until today, Lansing Community College has educated over 500,000 individuals interested in improving their lives through knowledge, effort, and excellence in learning; and

Whereas, Through years of strong leadership guided by presidents Dr. Philip Gannon, Dr. Abel Sykes, Dr. Jim Anderton, and Paula Cunningham, and currently by President Dr. Judith Cardenas, Lansing Community College has established itself as a competitive educational institution with an exciting and promising future ahead; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body congratulate Lansing Community College on their 50th anniversary.

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. Warren, Coulouris, Alma Smith, Vagnozzi, LeBlanc, Bauer, Simpson, Bieda, Young, Melton, Leland, Byrnes, Angerer, Condino, Cushingberry, Espinoza, Clack, Accavitti, Brown, Constan, Dean, Farrah, Gonzales, Hammel, Hammon, Hopgood, Johnson, Robert Jones, David Law, Lemmons, Mayes, Meadows, Miller, Pastor, Polidori, Sak, Sheltrown, Spade and Tobocman offered the following resolution:

House Resolution No. 50.

A resolution to memorialize the United States Congress to reauthorize the State Children's Health Insurance Program (SCHIP) for the State of Michigan.

Whereas, The House of Representatives regard the health of our children to be of paramount importance to families in our state. Poor child health is a threat to educational achievement as well as the social and psychological well-being of the children of our state; and

Whereas, The members of the Michigan Legislature consider protecting the health of our children to be essential to improving the lives of our youngest citizens and the quality of life in this state. The Michigan SCHIP program, which has enrolled uninsured children since its inception, is an integral part of the arrangements for health benefits for the children of the state of Michigan. We recognize the value of the Michigan SCHIP in preserving child wellness, preventing and treating childhood disease, and improving health outcomes, including overall health costs; and

Whereas, The federal funding available to the State of Michigan through SCHIP is an invaluable source of funding to provide health benefits for children of modest means. Furthermore, we encourage all components of state government to work with educators, health care providers, social workers, and parents to ensure that all available public and private assistance to provide health benefits for uninsured children be garnered and used to the maximum extent; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the United States Congress to ensure timely reauthorization of the State Children's Health Insurance Program (SCHIP) to assure federal funding for Michigan SCHIP; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Health Policy.

Reps. Warren, Coulouris, Alma Smith, Vagnozzi, Meadows, LeBlanc, Bauer, Simpson, Bieda, Young, Melton, Leland, Byrnes, Angerer, Condino, Cushingberry, Clack, Accavitti, Brown, Constan, Dean, Farrah, Gonzales, Hammel, Hammon, Hopgood, Johnson, Robert Jones, David Law, Lemmons, Mayes, Miller, Pastor, Pearce, Polidori, Sak, Sheltrown and Tobocman offered the following concurrent resolution:

House Concurrent Resolution No. 6.

A concurrent resolution to memorialize the United States Congress to reauthorize the State Children's Health Insurance Program (SCHIP) for the State of Michigan.

Whereas, The Michigan Legislature regards the health of our children to be of paramount importance to families in our state. Poor child health is a threat to educational achievement as well as the social and psychological well-being of the children of our state; and

Resolved by the House of Representatives (the Senate concurring), That we memorialize the United States Congress to ensure timely reauthorization of the State Children's Health Insurance Program (SCHIP) to assure federal funding for Michigan SCHIP; and be it further

The concurrent resolution was referred to the Committee on Health Policy.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Thursday, March 15:

House Bill Nos. 4459 4460 4461 4462 4463 4464 4465 4466

House Joint Resolution F

The Clerk announced that the following Senate bills had been received on Thursday, March 15:

Senate Bill Nos. 271 279 336

Reports of Standing Committees

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

House Bill No. 4198, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," (MCL 290.641 to 290.650d) by adding section 3a.

With the recommendation that the bill be referred to the Committee on Agriculture.

Favorable Roll Call

To Report Out:

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

Nays: Rep. Miller

The recommendation was concurred in and the bill was referred to the Committee on Agriculture.

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

House Bill No. 4289, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 319, 322, 625, 625k, 625l, and 904 (MCL 257.319, 257.322, 257.625, 257.625k, 257.625l, and 257.904), sections 319 and 904 as amended by 2004 PA 362, section 322 as amended by 2001 PA 159, section 625 as amended by 2006 PA 564, and sections 625k and 625l as amended by 2003 PA 61, and by adding sections 20b and 323f.

With the recommendation that the bill be referred to the Committee on Judiciary.

Favorable Roll Call

To Report Out:

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

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Judiciary.

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

House Bill No. 4304, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 636 (MCL 257.636).

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 1, line 10, after "NOT" by striking out the balance of the line through "WHILE" on line 1 of page2 and inserting "CHANGE LANES".

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 15, 2007

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Virgil Smith, Chair, of the Committee on Insurance, was received and read:

Meeting held on: Thursday, March 15, 2007

Present: Reps. Virgil Smith, Farrah, Condino, Constan, Johnson, Lemmons, Polidori, Scott, Simpson, Hune, Robertson, Emmons, Hildenbrand, Moore and Rocca

Absent: Reps. Wojno and David Law

Excused: Reps. Wojno and David Law

Messages from the Senate

Senate Bill No. 271, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 5 (MCL 722.115), as amended by 2006 PA 580, and by adding sections 5h, 5i, 5j, and 5k.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Families and Children's Services.

Senate Bill No. 279, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 70107.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Senate Bill No. 336, entitled

A bill to amend 2004 PA 547, entitled "An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 80101 (MCL 324.80101), as added by 1995 PA 58, and by adding section80108a; and to repeal acts and parts of acts," by repealing enacting section 1.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Communications from State Officers

The following communication from the Auditor General was received and read:

March 13, 2007

Enclosed is a copy of the following audit report and/or report summary:

Performance audit of the Michigan Career and Technical Institute,

Department of Labor and Economic Growth

March 2007

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.

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

Notices of Filing

Administrative Rules

March 14, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 3:44 P.M. this date, administrative rule (07-03-02) for the Department of Labor and Economic Growth, Director's Office, Entitled "Part 26. Steel Erection" These rules take effect 14 days after filing with the Secretary of State.

March 14, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 3:46 P.M. this date, administrative rule (07-03-03) for the Department of Labor and Economic Growth, Director's Office, Entitled "Part 28. Personnel Hoisting in Steel Erection" These rules take effect 14 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Rep. Knollenberg introduced

House Bill No. 4467, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 2, 5, and 11 (MCL 169.202, 169.205, and 169.211), section 2 as amended by 2001 PA 250, section 5 as amended by 1999 PA 237, and section 11 as amended by 1996 PA 590, and by adding section 48.

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

Reps. Byrnes, Byrum, Young and Mayes introduced

House Bill No. 4468, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 601b (MCL 257.601b), as amended by 2003 PA 314.

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

Reps. Byrum, Byrnes, Hammon, Hammel, Valentine and Mayes introduced

House Bill No. 4469, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2004 PA 26.

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

Reps. LaJoy, Hune, Palmer, David Law, Casperson, Hansen, Marleau and Nitz introduced

House Bill No. 4470, entitled

A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending section 7 (MCL 205.427), as amended by 2004 PA 164.

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

Reps. Booher, Palsrok, Moore, Nofs, David Law, Amos, Pearce, LaJoy, Ball, Sheltrown, Stahl, Walker, Opsommer, Hansen, Moss, Hune, Casperson, Lahti, Bennett, Elsenheimer, Shaffer, Meekhof, Gillard, Mayes, McDowell, Lindberg, Stakoe, Emmons and Hammon introduced

House Bill No. 4471, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section40102 (MCL 324.40102), as amended by 2000 PA 347.

The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Reps. Brown, Espinoza, Condino, Clemente, Ebli, Melton, Simpson, Polidori, Coulouris, Hood, Kathleen Law, Donigan, Byrum, Valentine, Bieda, Angerer, Spade, Gonzales, Clack, Vagnozzi, Constan, Alma Smith, Warren, Bauer, Meadows, Meisner and Tobocman introduced

House Bill No. 4472, entitled

A bill to amend 1968 PA 318, entitled "An act to implement the provisions of section 10 of article 4 of the constitution relating to substantial conflicts of interest on the part of members of the legislature and state officers in respect to contracts with the state and the political subdivisions thereof; to provide for penalties for the violation thereof; to repeal all acts and parts of acts in conflict with this act; and to validate certain contracts," by amending section 2 (MCL 15.302).

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

Rep. Cushingberry introduced

House Bill No. 4473, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 6 and 15 of chapterV (MCL 765.6 and 765.15), section 6 as amended by 2004 PA 167 and section 15 as amended by 1993 PA 343, and by adding section 3d to chapter XI.

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

Rep. Cushingberry introduced

House Bill No. 4474, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 177.

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

Reps. Meadows, Condino and Coulouris introduced

House Bill No. 4475, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending sections 35 and 44 (MCL 791.235 and 791.244), section 35 as amended by 1998 PA 315 and section 44 as amended by 1999 PA 191.

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

Reps. Robertson, Shaffer, Pastor, LaJoy, Garfield, Marleau, Moss, Sheen, Ball, Stahl and Wenke introduced

House Bill No. 4476, entitled

A bill to amend 1974 PA 154, entitled "Michigan occupational safety and health act," by amending sections 33, 35, and 36 (MCL 408.1033, 408.1035, and 408.1036), section 33 as amended by 1996 PA 87 and sections 35 and 36 as amended by 1991 PA 105; and to repeal acts and parts of acts.

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

______

Rep. Pearce moved that the House adjourn.

The motion prevailed, the time being 2:20 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, March 20, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives