No. 34

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Wednesday, April 16, 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—excused 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—e/d/s

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

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

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

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

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

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

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

Cheeks—present Hoogendyk—present Moore—present Tobocman—present

Clack—present Hopgood—present Moss—present Vagnozzi—present

Clemente—present Horn—present Nitz—present Valentine—present

Condino—present Huizenga—present Nofs—present Walker—present

Constan—present Hune—present Opsommer—present Ward—present

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

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

Cushingberry—excused 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. Kate Ebli, from the 56th District, offered the following invocation:

“Spirit of Life, WE give thanks for the opportunities that present themselves in the turmoil of life. When the light catches the fear in another’s eyes, where hands are held and there are moments without words, let us be present then, and alive to the possibility of changing. Let us seek to make another’s wellbeing the object of our concern. Let us seek to be present to another’s pain, to bathe another’s wounds, hear another’s sadness, celebrate another’s success, and allow the other’s story to change our own. Let us stand in the morning on damp grass, hear the syllables of bird song, and fill up on sweet air that rolls over oceans and continents. Let us look up at the stars and the planets that fill the night sky with majesty. Let us witness the first fresh buds of spring amid the brown sticks of winter. And for all this, let us be grateful. Let us not defend ourselves against the discomfort of unruly emotion, nor seek to close down our hearts for fear a new idea will come to shake our foundations. Let us instead, be open to discovering a new way of seeing an old problem, or appreciating the perfection of a seashell, or the possibility of friendship. For in giving ourselves to what we do not understand, we receive life’s blessings, and in taking care of another, we are cared for. AMEN.”

______

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

The motion prevailed.

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

Second Reading of Bills

House Bill No. 5206, entitled

A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 126 (MCL 125.526), as amended by 2000 PA 479.

The bill was read a second time.

Rep. Acciavatti moved to amend the bill as follows:

1. Amend page 4, following line 16, 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. Sak moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Angerer 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. 5206, entitled

A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 126 (MCL 125.526), as amended by 2000 PA 479.

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

Roll Call No. 272 Yeas—96

Accavitti Dillon Lahti Palsrok

Acciavatti Donigan LaJoy Pastor

Agema Ebli Law, David Pavlov

Amos Elsenheimer Law, Kathleen Pearce

Angerer Emmons LeBlanc Proos

Ball Farrah Leland Robertson

Bieda Gaffney Lemmons Rocca

Booher Garfield Lindberg Sak

Brandenburg Gillard Marleau Schuitmaker

Brown Gonzales Mayes Shaffer

Byrnes Green McDowell Sheen

Byrum Griffin Meadows Simpson

Calley Hammel Meekhof Smith, Virgil

Casperson Hansen Meisner Spade

Caswell Hildenbrand Melton Stahl

Caul Hoogendyk Meltzer Steil

Cheeks Hopgood Miller Tobocman

Clack Horn Moolenaar Vagnozzi

Clemente Huizenga Moore Valentine

Condino Hune Moss Walker

Constan Johnson Nitz Ward

Corriveau Jones, Rick Nofs Wenke

Coulouris Jones, Robert Opsommer Wojno

Dean Knollenberg Palmer Young

Nays—11

Bauer Hammon Polidori Stakoe

Bennett Hood Scott Warren

DeRoche Jackson Smith, Alma

In The Chair: Byrnes

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. Sheltrown entered the House Chambers.

Rep. Angerer moved to reconsider the vote by which the House passed the bill.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 273 Yeas—94

Acciavatti Donigan LaJoy Pavlov

Agema Ebli Law, David Pearce

Amos Elsenheimer Law, Kathleen Polidori

Angerer Emmons LeBlanc Proos

Ball Farrah Lemmons Robertson

Bieda Gaffney Lindberg Rocca

Booher Garfield Marleau Sak

Brandenburg Gillard Mayes Schuitmaker

Brown Gonzales McDowell Shaffer

Byrnes Green Meadows Sheen

Byrum Griffin Meekhof Sheltrown

Calley Hammel Meisner Simpson

Casperson Hansen Melton Smith, Virgil

Caswell Hildenbrand Meltzer Spade

Caul Hoogendyk Moolenaar Stahl

Clack Hopgood Moore Steil

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Johnson Opsommer Ward

Coulouris Jones, Rick Palmer Wenke

Dean Jones, Robert Palsrok Wojno

DeRoche Knollenberg Pastor Young

Dillon Lahti

Nays—14

Accavitti Hammon Miller Stakoe

Bauer Hood Scott Tobocman

Bennett Jackson Smith, Alma Warren

Cheeks Leland

In The Chair: Byrnes

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 4993, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2106, 2108, 2109, 2110, 2114, and 2127 (MCL 500.2106, 500.2108, 500.2109, 500.2110, 500.2114, and 500.2127) and by adding section 2109a.

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

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

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

The motion prevailed.

Rep. Angerer 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. 4993, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2106, 2108, 2109, 2110, 2114, and 2127 (MCL 500.2106, 500.2108, 500.2109, 500.2110, 500.2114, and 500.2127) and by adding section 2109a.

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

Roll Call No. 274 Yeas—59

Accavitti Dean Lahti Rocca

Angerer Dillon Law, Kathleen Sak

Bauer Donigan LeBlanc Scott

Bennett Ebli Leland Sheltrown

Bieda Farrah Lemmons Simpson

Brown Gaffney Lindberg Smith, Alma

Byrnes Gillard Mayes Smith, Virgil

Byrum Gonzales McDowell Spade

Cheeks Hammel Meadows Tobocman

Clack Hammon Meisner Vagnozzi

Clemente Hood Melton Valentine

Condino Hopgood Miller Warren

Constan Jackson Moore Wojno

Corriveau Johnson Nofs Young

Coulouris Jones, Robert Polidori

Nays—49

Acciavatti Garfield Law, David Pearce

Agema Green Marleau Proos

Amos Griffin Meekhof Robertson

Ball Hansen Meltzer Schuitmaker

Booher Hildenbrand Moolenaar Shaffer

Brandenburg Hoogendyk Moss Sheen

Calley Horn Nitz Stahl

Casperson Huizenga Opsommer Stakoe

Caswell Hune Palmer Steil

Caul Jones, Rick Palsrok Walker

DeRoche Knollenberg Pastor Ward

Elsenheimer LaJoy Pavlov Wenke

Emmons

In The Chair: Byrnes

The House agreed to the title of the bill.

______

Rep. Caswell, 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:

From the debate on the floor it became obvious that this bill was nothing more than an attempt to lower rates for Detroit citizens. This would result in my citizens getting higher rates or not being able to buy insurance at all if the companies leave the State.”

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 on HB 4993

This has nothing to do with protecting all the citizens in the state and everything to do with subsidized of auto insurance rates in Detroit, at the expense of the rest of the state. It will allow the state and the Insurance commissioner to meddle in the private market. This all about politics and has nothing to do with good policy.”

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

“Mr. Speaker and members of the House:

The chair of House Insurance Committee feels that auto insurance rates in Detroit are too high. In an effort to reduce these rates, he feels the state should play a larger role in regulating the market. His bill proposes that both the Attorney General and consumers should be able to challenge insurance companies if they feel rates are too high. The representative feels that this oversight should be mandated under state law.

However, I believe it is ironic that the sponsor of HB 4993 is also the sponsor of a previous insurance bill that eliminated Attorney General oversight of rate increases in regulated insurance markets and denied consumers the right to challenge rate increases which would result in higher insurance rates for those who can least afford it.

The question becomes one of continuity and consistency. Should the Attorney General have oversight? Should consumers have the ability to challenge rate increases? Should geography be used as a tool to determine insurance rates?”

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

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

Rep. Hildenbrand demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 275 Yeas—60

Accavitti Dean Jones, Robert Polidori

Angerer Dillon Lahti Rocca

Bauer Donigan Law, Kathleen Sak

Bennett Ebli LeBlanc Scott

Bieda Farrah Leland Sheltrown

Brown Gaffney Lemmons Simpson

Byrnes Gillard Lindberg Smith, Alma

Byrum Gonzales Mayes Smith, Virgil

Cheeks Griffin McDowell Spade

Clack Hammel Meadows Tobocman

Clemente Hammon Meisner Vagnozzi

Condino Hood Melton Valentine

Constan Hopgood Miller Warren

Corriveau Jackson Moore Wojno

Coulouris Johnson Nofs Young

Nays—48

Acciavatti Emmons Law, David Pearce

Agema Garfield Marleau Proos

Amos Green Meekhof Robertson

Ball Hansen Meltzer Schuitmaker

Booher Hildenbrand Moolenaar Shaffer

Brandenburg Hoogendyk Moss Sheen

Calley Horn Nitz Stahl

Casperson Huizenga Opsommer Stakoe

Caswell Hune Palmer Steil

Caul Jones, Rick Palsrok Walker

DeRoche Knollenberg Pastor Ward

Elsenheimer LaJoy Pavlov Wenke

In The Chair: Byrnes

Second Reading of Bills

House Bill No. 5900, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending the title and section 23 (MCL 780.773), the title as amended by 1988 PA 22 and section 23 as amended by 1988 PA 21, and by adding section 12a.

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. Schuitmaker moved to amend the bill as follows:

1. Amend page 3, line 25, after “HAS” by striking out “25” and inserting “50”.

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

Rep. Schuitmaker moved to amend the bill as follows:

1. Amend page 2, line 2, after “LEAVE” by inserting a comma and “REDUCED BY ANY LEAVE TAKEN UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993, 29 USC 2601 TO 2654,”.

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

Rep. Caswell moved to amend the bill as follows:

1. Amend page 1, following line 8, by inserting:

SEC. 2B. IF AN ATTORNEY-AT-LAW ENTERS INTO AN EXPRESS OR IMPLIED AGREEMENT WITH A CRIME VICTIM TO PROSECUTE A CLAIM FOR PERSONAL INJURY OR WRONGFUL DEATH CAUSED BY OR RESULTING FROM THE DEFENDANT’S WRONGFUL CONDUCT AND IF THE AGREEMENT PROVIDES THAT THE ATTORNEY’S COMPENSATION IS CONTINGENT IN WHOLE OR IN PART ON SUCCESSFUL PROSECUTION OR SETTLEMENT OF THE CLAIM OR ON THE AMOUNT OF RECOVERY, THE ATTORNEY SHALL NOT RECEIVE, RETAIN, OR SHARE A FEE THAT IS MORE THAN 33% OF THE FIRST $1,000,000.00 RECOVERED, 15% OF THE NEXT $4,000,000.00 RECOVERED, AND 10% OF ANY AMOUNT RECOVERED OVER $5,000,000.00. THE ATTORNEY SHALL PAY 1/2 OF ANY AMOUNT RECEIVED AS COMPENSATION THAT IS MORE THAN $333,333.00 TO THE STATE.”.

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

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

The motion prevailed.

Rep. Angerer 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. 5900, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending the title and section 23 (MCL 780.773), the title as amended by 1988 PA 22 and section 23 as amended by 1988 PA 21, and by adding section 12a.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4490, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 12 and 12b (MCL 28.432 and 28.432b), section 12 as amended by 2006 PA 75 and section 12b as added by 1982 PA 182, and by adding section 9d; and to repeal acts and parts of acts.

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

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

Rep. Opsommer moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Angerer 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. 4490, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 12 and 12b (MCL 28.432 and 28.432b), section 12 as amended by 2006 PA 75, and section 12b as added by 1982 PA 182, and by adding section 9d; and to repeal acts and parts of acts.

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

Roll Call No. 276 Yeas—98

Accavitti Dillon Lahti Pastor

Acciavatti Donigan LaJoy Pavlov

Agema Ebli Law, David Pearce

Amos Elsenheimer Law, Kathleen Polidori

Angerer Emmons LeBlanc Proos

Ball Farrah Leland Robertson

Bennett Gaffney Lemmons Rocca

Bieda Garfield Lindberg Sak

Booher Gillard Marleau Schuitmaker

Brandenburg Gonzales Mayes Shaffer

Brown Green McDowell Sheen

Byrnes Griffin Meekhof Sheltrown

Byrum Hammel Meisner Simpson

Calley Hammon Melton Smith, Virgil

Casperson Hansen Meltzer Spade

Caswell Hildenbrand Miller Stahl

Caul Hood Moolenaar Stakoe

Cheeks Hoogendyk Moore Steil

Clemente Hopgood Moss Tobocman

Condino Horn Nitz Valentine

Constan Huizenga Nofs Walker

Corriveau Hune Opsommer Ward

Coulouris Jackson Palmer Wenke

Dean Jones, Rick Palsrok Wojno

DeRoche Knollenberg

Nays—10

Bauer Jones, Robert Smith, Alma Warren

Clack Meadows Vagnozzi Young

Johnson Scott

In The Chair: Byrnes

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

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

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 12, and 12b (MCL 28.422, 28.432, and 28.432b), section 2 as amended by 2004 PA 101, section 12 as amended by 2006 PA 75, and section 12b as added by 1982 PA 182; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

Rep. Angerer moved to reconsider the vote by which the House passed the bill.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 277 Yeas—93

Accavitti Dillon LaJoy Pastor

Acciavatti Ebli Law, David Pavlov

Agema Elsenheimer Law, Kathleen Pearce

Amos Emmons LeBlanc Polidori

Angerer Farrah Leland Proos

Ball Gaffney Lemmons Robertson

Bennett Garfield Lindberg Rocca

Bieda Gillard Marleau Sak

Booher Gonzales Mayes Schuitmaker

Brandenburg Green McDowell Shaffer

Brown Griffin Meekhof Sheen

Byrnes Hammel Meisner Sheltrown

Byrum Hammon Melton Simpson

Calley Hansen Meltzer Smith, Virgil

Casperson Hildenbrand Miller Spade

Caswell Hoogendyk Moolenaar Stahl

Caul Hopgood Moore Stakoe

Clemente Horn Moss Steil

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jones, Rick Opsommer Ward

Coulouris Knollenberg Palmer Wenke

Dean Lahti Palsrok Wojno

DeRoche

Nays—15

Bauer Hood Meadows Vagnozzi

Cheeks Jackson Scott Warren

Clack Johnson Smith, Alma Young

Donigan Jones, Robert Tobocman

In The Chair: Byrnes

Reps. Acciavatti, Agema, Angerer, Ball, Booher, Brandenburg, Brown, Byrum, Casperson, Caswell, Farrah, Gaffney, Garfield, Gonzales, Hammel, Hammon, Hansen, Hildenbrand, Huizenga, Hune, Rick Jones, Knollenberg, Lahti, Marleau, Melton, Moolenaar, Moss, Pastor, Pavlov, Pearce, Polidori, Rocca, Sak, Schuitmaker, Shaffer, Sheen, Simpson, Spade and Ward were named co‑sponsors of the bill.

Second Reading of Bills

House Bill No. 4491, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 224b and 231a (MCL 750.224b and 750.231a), section 231a as amended by 2002 PA 82; and to repeal acts and parts of acts.

The bill was read a second time.

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

The motion prevailed.

Rep. Angerer 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. 4491, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 224b and 231a (MCL 750.224b and 750.231a), section 231a as amended by 2002 PA 82; and to repeal acts and parts of acts.

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

Roll Call No. 278 Yeas—92

Accavitti Dillon Lahti Palsrok

Acciavatti Ebli LaJoy Pastor

Agema Elsenheimer Law, David Pavlov

Amos Emmons Law, Kathleen Pearce

Angerer Farrah LeBlanc Polidori

Ball Gaffney Leland Proos

Bennett Garfield Lemmons Robertson

Bieda Gillard Lindberg Rocca

Booher Gonzales Marleau Sak

Brandenburg Green Mayes Schuitmaker

Brown Griffin McDowell Shaffer

Byrum Hammel Meekhof Sheen

Calley Hammon Meisner Sheltrown

Casperson Hansen Melton Simpson

Caswell Hildenbrand Meltzer Spade

Caul Hoogendyk Miller Stahl

Clemente Hopgood Moolenaar Stakoe

Condino Horn Moore Steil

Constan Huizenga Moss Valentine

Corriveau Hune Nitz Walker

Coulouris Johnson Nofs Ward

Dean Jones, Rick Opsommer Wenke

DeRoche Knollenberg Palmer Wojno

Nays—16

Bauer Donigan Meadows Tobocman

Byrnes Hood Scott Vagnozzi

Cheeks Jackson Smith, Alma Warren

Clack Jones, Robert Smith, Virgil Young

In The Chair: Byrnes

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.

Reps. Acciavatti, Agema, Ball, Booher, Byrum, Casperson, Caswell, Elsenheimer, Farrah, Gaffney, Gonzales, Hammel, Hammon, Hansen, Hildenbrand, Horn, Hune, Rick Jones, Knollenberg, Lahti, Marleau, Melton, Moolenaar, Palmer, Pastor, Pearce, Polidori, Proos, Rocca, Sak, Schuitmaker, Shaffer, Sheen, Simpson, Spade, Stakoe, Steil and Ward were named co‑sponsors of the bill.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 5984, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 3 (MCL 722.623), as amended by 2006 PA 583.

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

Nays: None

Second Reading of Bills

House Bill No. 5984, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 3 (MCL 722.623), as amended by 2006 PA 583.

The bill was read a second time.

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

The motion prevailed.

Rep. Angerer 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. 5984, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 3 (MCL 722.623), as amended by 2006 PA 583.

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

Roll Call No. 279 Yeas—108

Accavitti Dillon Lahti Pearce

Acciavatti Donigan LaJoy Polidori

Agema Ebli Law, David Proos

Amos Elsenheimer Law, Kathleen Robertson

Angerer Emmons LeBlanc Rocca

Ball Farrah Leland Sak

Bauer Gaffney Lemmons Schuitmaker

Bennett Garfield Lindberg Scott

Bieda Gillard Marleau Shaffer

Booher Gonzales Mayes Sheen

Brandenburg Green McDowell Sheltrown

Brown Griffin Meadows Simpson

Byrnes Hammel Meekhof Smith, Alma

Byrum Hammon Meisner Smith, Virgil

Calley Hansen Melton Spade

Casperson Hildenbrand Meltzer Stahl

Caswell Hood Miller Stakoe

Caul Hoogendyk Moolenaar Steil

Cheeks Hopgood Moore Tobocman

Clack Horn Moss Vagnozzi

Clemente Huizenga Nitz Valentine

Condino Hune Nofs Walker

Constan Jackson Opsommer Ward

Corriveau Johnson Palmer Warren

Coulouris Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Nays—0

In The Chair: Byrnes

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.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported

House Bill No. 5963, entitled

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

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. Polidori, Brown, Dean, Lemmons, Emmons, Garfield, Pastor and Horn

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Polidori, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:

Meeting held on: Wednesday, April 16, 2008

Present: Reps. Polidori, Brown, Dean, Lemmons, Sheltrown, Emmons, Garfield, Pastor and Horn

Second Reading of Bills

House Bill No. 5963, entitled

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

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

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

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

The motion prevailed.

Rep. Angerer 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. 5963, entitled

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

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

Roll Call No. 280 Yeas—108

Accavitti Dillon Lahti Pearce

Acciavatti Donigan LaJoy Polidori

Agema Ebli Law, David Proos

Amos Elsenheimer Law, Kathleen Robertson

Angerer Emmons LeBlanc Rocca

Ball Farrah Leland Sak

Bauer Gaffney Lemmons Schuitmaker

Bennett Garfield Lindberg Scott

Bieda Gillard Marleau Shaffer

Booher Gonzales Mayes Sheen

Brandenburg Green McDowell Sheltrown

Brown Griffin Meadows Simpson

Byrnes Hammel Meekhof Smith, Alma

Byrum Hammon Meisner Smith, Virgil

Calley Hansen Melton Spade

Casperson Hildenbrand Meltzer Stahl

Caswell Hood Miller Stakoe

Caul Hoogendyk Moolenaar Steil

Cheeks Hopgood Moore Tobocman

Clack Horn Moss Vagnozzi

Clemente Huizenga Nitz Valentine

Condino Hune Nofs Walker

Constan Jackson Opsommer Ward

Corriveau Johnson Palmer Warren

Coulouris Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Nays—0

In The Chair: Byrnes

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.

Reps. Amos, Ball, Bauer, Booher, Brandenburg, Casperson, Caul, Corriveau, Gaffney, Hammon, Horn, Lahti, LaJoy, LeBlanc, Mayes, Meadows, Melton, Meltzer, Moolenaar, Nitz, Pearce, Proos, Sak, Schuitmaker, Alma Smith, Stahl, Steil and Valentine were named co‑sponsors of the bill.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5865, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 8B.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Rep. Angerer moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Ebli moved to amend the Senate substitute (S-1) as follows:

1. Amend page 2, line 8, after “HUNTING-RELATED,” by inserting “MOTOR SPORTS ENTERTAINMENT-RELATED,”.

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

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 281 Yeas—91

Accavitti Ebli LaJoy Proos

Acciavatti Elsenheimer Law, David Robertson

Amos Emmons Law, Kathleen Rocca

Angerer Farrah LeBlanc Sak

Ball Gaffney Leland Schuitmaker

Bauer Gillard Lemmons Scott

Bieda Gonzales Lindberg Shaffer

Booher Green Mayes Sheltrown

Brown Griffin McDowell Simpson

Byrnes Hammel Meadows Smith, Alma

Byrum Hammon Meekhof Smith, Virgil

Casperson 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 Nitz Walker

Corriveau Jackson Nofs Ward

Coulouris Johnson Opsommer Warren

Dean Jones, Rick Palsrok Wojno

Dillon Jones, Robert Pavlov Young

Donigan Lahti Polidori

Nays—16

Agema DeRoche Marleau Pearce

Brandenburg Garfield Moss Sheen

Calley Hoogendyk Palmer Steil

Caswell Knollenberg Pastor Wenke

In The Chair: Byrnes

The House agreed to the full title.

Rep. Agema, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

We are borrowing money to pay for this with unknown results. Tourism is great but not without results and not with borrowed money.”

Rep. Sheen, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

No Vote on HB 5865 - 5867

My first concern is that we are we taking money from the funding of scholarships which it was intended and must still be funded. This will also create an additional 35 million dollars of debt, which we will have pay on for years to come and does not deal with long term funding problem of tourism. It is another example of a one year short term fix, with long term implications and encumbrances.”

House Bill No. 5866, entitled

A bill to amend 2005 PA 226, entitled “Michigan tobacco settlement finance authority act,” by amending section 8 (MCL 129.268), as amended by 2007 PA 18.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Rep. Angerer moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 282 Yeas—88

Accavitti Dillon Jones, Robert Pavlov

Acciavatti Donigan Lahti Polidori

Amos Ebli LaJoy Proos

Angerer Elsenheimer Law, David Robertson

Ball Emmons Law, Kathleen Rocca

Bauer Farrah LeBlanc Sak

Bieda Gaffney Leland Schuitmaker

Booher Gillard Lemmons Scott

Brown Gonzales Lindberg Sheltrown

Byrnes Griffin Mayes Simpson

Byrum Hammel McDowell Smith, Alma

Casperson Hammon Meadows Smith, Virgil

Caul Hansen Meisner Spade

Cheeks Hildenbrand Melton Stakoe

Clack Hood Meltzer Tobocman

Clemente Hopgood Miller Vagnozzi

Condino Horn Moolenaar Valentine

Constan Huizenga Moore Walker

Corriveau Hune Nitz Ward

Coulouris Jackson Nofs Warren

Dean Johnson Opsommer Wojno

DeRoche Jones, Rick Palsrok Young

Nays—19

Agema Green Moss Sheen

Brandenburg Hoogendyk Palmer Stahl

Calley Knollenberg Pastor Steil

Caswell Marleau Pearce Wenke

Garfield Meekhof Shaffer

In The Chair: Byrnes

The House agreed to the full title.

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

______

Rep. Agema, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

We are borrowing money to pay for this with unknown results. Tourism is great but not without results and not with borrowed money.”

Rep. Sheen, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

No Vote on HB 5865 - 5867

My first concern is that we are we taking money from the funding of scholarships which it was intended and must still be funded. This will also create an additional 35 million dollars of debt, which we will have pay on for years to come and does not deal with long term funding problem of tourism. It is another example of a one year short term fix, with long term implications and encumbrances.”

House Bill No. 5867, entitled

A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 7 and 8 (MCL 12.257 and 12.258), section 7 as amended by 2007 PA 50 and section 8 as added by 2005 PA 232.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 2000 PA 489, entitled “An act to create certain funds; to provide for the allocation of certain revenues among certain funds and for the operation, investment, and expenditure of certain funds; and to impose certain duties and requirements on certain state officials,” by amending section 8 (MCL 12.258), as added by 2005 PA 232.

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

Rep. Angerer moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 283 Yeas—85

Accavitti Elsenheimer LaJoy Polidori

Acciavatti Emmons Law, David Proos

Angerer Farrah Law, Kathleen Robertson

Bauer Gaffney LeBlanc Rocca

Bieda Gillard Leland Sak

Booher Gonzales Lemmons Schuitmaker

Brown Griffin Lindberg Scott

Byrnes Hammel Mayes Shaffer

Byrum Hammon McDowell Sheltrown

Casperson Hansen Meadows Simpson

Caul Hildenbrand Meekhof Smith, Alma

Cheeks Hood Meisner Smith, Virgil

Clack Hopgood Melton Spade

Clemente Horn Meltzer Stakoe

Condino Huizenga Miller Tobocman

Constan Hune Moolenaar Vagnozzi

Corriveau Jackson Moore Valentine

Coulouris Johnson Nitz Walker

Dean Jones, Rick Nofs Warren

Dillon Jones, Robert Palsrok Wojno

Donigan Lahti Pavlov Young

Ebli

Nays—22

Agema DeRoche Moss Sheen

Amos Garfield Opsommer Stahl

Ball Green Palmer Steil

Brandenburg Hoogendyk Pastor Ward

Calley Knollenberg Pearce Wenke

Caswell Marleau

In The Chair: Byrnes

The House agreed to the title as amended.

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

______

Rep. Agema, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

We can’t be borrowing when we don’t know if we’ll have the money. It’s irresponsible.”

Rep. Sheen, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

No Vote on HB 5865 - 5867

My first concern is that we are we taking money from the funding of scholarships which it was intended and must still be funded. This will also create an additional 35 million dollars of debt, which we will have pay on for years to come and does not deal with long term funding problem of tourism. It is another example of a one year short term fix, with long term implications and encumbrances.”

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that the Committee on Tourism, Outdoor Recreation and Natural Resources be discharged from further consideration of Senate Bill No. 1223.

(For first notice see House Journal No. 33, p. 734.)

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

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

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

Second Reading of Bills

Senate Bill No. 1223, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 8B.

The bill was read a second time.

Rep. Ebli 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. 1223, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 8B.

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

Roll Call No. 284 Yeas—92

Accavitti Donigan Lahti Polidori

Acciavatti Ebli LaJoy Proos

Agema Elsenheimer Law, David Robertson

Angerer Emmons Law, Kathleen Rocca

Ball Farrah LeBlanc Sak

Bauer Gaffney Leland Schuitmaker

Bieda Gillard Lemmons Scott

Booher Gonzales Lindberg Shaffer

Brown Griffin Mayes Sheltrown

Byrnes Hammel McDowell Simpson

Byrum Hammon Meadows Smith, Alma

Calley Hansen Meekhof Smith, Virgil

Casperson Hildenbrand Meisner Spade

Caul Hood Melton Stahl

Cheeks Hopgood Meltzer Stakoe

Clack Horn Miller Tobocman

Clemente Huizenga Moolenaar Vagnozzi

Condino Hune Moore Valentine

Constan Jackson Nitz Walker

Corriveau Johnson Nofs Ward

Coulouris Jones, Rick Opsommer Warren

Dean Jones, Robert Palsrok Wojno

Dillon Knollenberg Pavlov Young

Nays—15

Amos Garfield Moss Sheen

Brandenburg Green Palmer Steil

Caswell Hoogendyk Pastor Wenke

DeRoche Marleau Pearce

In The Chair: Byrnes

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

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

A bill to amend 1984 PA 270, entitled “An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts,” (MCL 125.2001 to 125.2094) by adding sections 89b, 89c, and 89d.

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. 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 on HB 1223 - 1224

My first concern is that we are we taking money from the funding of scholarships which it was intended and must still be funded. This will also create an additional 35 million dollars of debt, which we will have pay on for years to come and does not deal with long term funding problem of tourism. It is another example of a one year short term fix, with long term implications and encumbrances.”

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that the Committee on Tourism, Outdoor Recreation and Natural Resources be discharged from further consideration of Senate Bill No. 1224.

(For first notice see House Journal No. 33, p. 734.)

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

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

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

Second Reading of Bills

Senate Bill No. 1224, entitled

A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 7 and 8 (MCL 12.257 and 12.258), section 7 as amended by 2007 PA 50 and section 8 as added by 2005 PA 232.

The bill was read a second time.

Rep. Ebli 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. 1224, entitled

A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 7 and 8 (MCL 12.257 and 12.258), section 7 as amended by 2007 PA 50 and section 8 as added by 2005 PA 232.

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

Roll Call No. 285 Yeas—86

Accavitti Elsenheimer Law, David Proos

Acciavatti Emmons Law, Kathleen Robertson

Angerer Farrah LeBlanc Rocca

Bauer Gaffney Leland Sak

Bieda Gillard Lemmons Schuitmaker

Booher Gonzales Lindberg Scott

Brown Griffin Mayes Shaffer

Byrnes Hammel McDowell Sheltrown

Byrum Hammon Meadows Simpson

Casperson Hansen Meisner Smith, Alma

Caul Hildenbrand Melton Smith, Virgil

Cheeks Hood Meltzer Spade

Clack Hopgood Miller Stakoe

Clemente Horn Moolenaar Tobocman

Condino Huizenga Moore Vagnozzi

Constan Hune Nitz Valentine

Corriveau Jackson Nofs Walker

Coulouris Johnson Opsommer Ward

Dean Jones, Rick Palsrok Warren

Dillon Jones, Robert Pavlov Wojno

Donigan Lahti Polidori Young

Ebli LaJoy

Nays—21

Agema DeRoche Marleau Pearce

Amos Garfield Meekhof Sheen

Ball Green Moss Stahl

Brandenburg Hoogendyk Palmer Steil

Calley Knollenberg Pastor Wenke

Caswell

In The Chair: Byrnes

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

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

A bill to amend 2000 PA 489, entitled “An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts,” by amending section 7 (MCL 12.257), as amended by 2007 PA 50.

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:

The cost of this bill in the long run from bond issue is huge. Government can’t seem to stop spending money it doesn’t have and mortgages the future.”

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 on HB 1223 - 1224

My first concern is that we are we taking money from the funding of scholarships which it was intended and must still be funded. This will also create an additional 35 million dollars of debt, which we will have pay on for years to come and does not deal with long term funding problem of tourism. It is another example of a one year short term fix, with long term implications and encumbrances.”

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 885, entitled

A bill to amend 1996 PA 376, entitled “An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,” by amending sections 3, 8d, 8e, 9, and 10 (MCL 125.2683, 125.2688d, 125.2688e, 125.2689, and 125.2690), section 3 as amended by 2006 PA 304, section 8d as amended by 2006 PA 93, section 8e as added by 2006 PA 270, and sections 9 and 10 as amended by 2007 PA 186.

The Senate has amended the House substitute (H-3) as follows:

1. Amend page 11, line 3, by striking out all of section 9.

The Senate has concurred in the House substitute (H-3) as amended and amended the title to read as follows:

A bill to amend 1996 PA 376, entitled “An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,” by amending sections 3, 8d, 8e, and 10 (MCL 125.2683, 125.2688d, 125.2688e, 125.2689, and 125.2690), section 3 as amended by 2006 PA 304, section 8d as amended by 2006 PA 93, section 8e as added by 2006 PA 270, and section 10 as amended by 2007 PA 186.

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

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendment to the House substitute (H-3) made to the bill by the Senate,

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

Roll Call No. 286 Yeas—107

Accavitti Donigan LaJoy Polidori

Acciavatti Ebli Law, David Proos

Agema Elsenheimer Law, Kathleen Robertson

Amos Emmons LeBlanc Rocca

Angerer Farrah Leland Sak

Ball Gaffney Lemmons Schuitmaker

Bauer Garfield Lindberg Scott

Bieda Gillard Marleau Shaffer

Booher Gonzales Mayes Sheen

Brandenburg Green McDowell Sheltrown

Brown Griffin Meadows Simpson

Byrnes Hammel Meekhof Smith, Alma

Byrum Hammon Meisner Smith, Virgil

Calley Hansen Melton Spade

Casperson Hildenbrand Meltzer Stahl

Caswell Hood Miller Stakoe

Caul Hoogendyk Moolenaar Steil

Cheeks Hopgood Moore Tobocman

Clack Horn Moss Vagnozzi

Clemente Huizenga Nitz Valentine

Condino Hune Nofs Walker

Constan Jackson Opsommer Ward

Corriveau Johnson Palmer Warren

Coulouris Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Dillon Lahti Pearce

Nays—0

In The Chair: Byrnes

The House agreed to the title as amended.

______

Rep. Tobocman 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

Motions and Resolutions

Reps. Sak, Ball, Bauer, Bieda, Booher, Brandenburg, Brown, Byrnes, Casperson, Constan, Dean, Garfield, Gonzales, Green, Hammon, Hansen, Hildenbrand, Hopgood, Rick Jones, Robert Jones, Knollenberg, Kathleen Law, LeBlanc, Leland, Lemmons, Marleau, McDowell, Meisner, Miller, Palmer, Pearce, Polidori, Proos, Scott, Shaffer, Alma Smith, Spade, Stahl, Tobocman, Vagnozzi, Valentine, Warren, Cheeks, Clack, Hammel, Lahti, David Law and Sheltrown offered the following resolution:

House Resolution No. 327.

A resolution observing April 16, 2008, as Michigan Kidney Disease and Diabetes Awareness Day.

Whereas, Healthy kidneys are essential for processing 200 quarts of blood per day to remove fluids, wastes and toxins from the body and, release hormones to regulate blood pressure, make red blood cells and promote strong bones; and

Whereas, More than 769,000 Michiganians, or one in nine adults, suffer from chronic kidney disease; and

Whereas, Of the 11,000 Michiganians afflicted with kidney failure, approximately 47 percent are African-American; and

Whereas, The two main causes of chronic kidney disease, that account for more than 70 percent of all cases, are diabetes and high blood pressure; and

Whereas, Obesity and inactivity will cause one in three children born in 2000 to develop diabetes and become at-risk for kidney disease; and

Whereas, The mission of the National Kidney Foundation of Michigan is to prevent kidney disease, improve the quality of life for those living with it and promote early detection to aid in the prevention of the progression from kidney disease to kidney failure, which requires dialysis or a kidney transplant to maintain life; and

Whereas, The cost of treatment for kidney disease patients is disproportionately higher than that of any other chronic disease; and

Whereas, With the help of dedicated volunteers and supporters across the state, the National Kidney Foundation of Michigan has continuously served the people of Michigan for the last 52 years with superior care, and will continue to offer additional programs and services to more people than any other affiliate in the country; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body observe April 16, 2008, as Michigan Kidney Disease and Diabetes Awareness Day. We hope that all possible support will continue to be extended to the prevention and treatment of Diabetes and Kidney disease in Michigan, throughout the country and the world.

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. Polidori, Nofs, Accavitti, LeBlanc, Casperson, Opsommer, Condino, Lemmons, Valentine, Clemente, McDowell, Pastor, Sheltrown, Meisner, Gonzales, Hopgood, Young, Lahti, Lindberg, Gillard, Kathleen Law, Bennett, Dean, Byrnes, Farrah, Ward, Rick Jones, Stahl, Hune, Johnson, Angerer, Corriveau, Constan, Ebli, Brown, Emmons, Garfield, Pearce, Caul, Sheen, Nitz, Moss, Ball, Bauer, Bieda, Brandenburg, Green, Hammon, Hansen, Hildenbrand, Horn, Robert Jones, Knollenberg, Leland, Marleau, Palmer, Proos, Sak, Scott, Shaffer, Spade, Vagnozzi, Rocca, Clack, Hammel and David Law offered the following resolution:

House Resolution No. 328.

A resolution recognizing April 2008 as the Month of the Military Child in the state of Michigan.

Whereas, Thousands of brave Americans have demonstrated their courage and commitment to freedom by serving the armed forces of the United States of America in active duty posts in Afghanistan, Iraq, and around the world; and

Whereas, More than 40 percent of these soldiers, sailors, airmen, and Marines have left families with children behind; and

Whereas, More than one million of America’s children have at least one parent currently serving active military duty; and

Whereas, These children are a source of pride and honor to us all. It is only fitting that we take time to recognize their contributions, celebrate their spirit, and let our men and women in uniform know that while they are taking care of us, we are taking care of their children; and

Whereas, A month-long salute to military children will encourage support for “Kids Serve Too” and other organizations and campaigns established to provide direct support to military children and families; and

Whereas, The recognition of the Month of the Military Child will allow us to pay tribute to military children for their commitment, struggles, and unconditional support of our troops, because when parents serve in the military, their “Kids Serve Too”; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize April 2008 as the Month of the Military Child in the state of Michigan; and be it further

Resolved, That we encourage all citizens to observe the month with appropriate ceremonies and activities that honor, support, and thank military children.

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. Meisner, Griffin, Angerer, Sak, Knollenberg, Moss, Leland, Donigan, Elsenheimer, Tobocman, Huizenga, David Law, Miller, Stahl, Rick Jones, Nofs, Moore, Opsommer, Green, Calley, Agema, Dean, Palmer, Shaffer, Hoogendyk, Marleau, Casperson, LaJoy, Sheen, Ward, Simpson, Jackson, Accavitti, Ball, Bauer, Bieda, Brandenburg, Brown, Byrnes, Condino, Constan, Garfield, Gonzales, Hammon, Hansen, Hildenbrand, Hopgood, Robert Jones, Kathleen Law, Lemmons, McDowell, Pearce, Proos, Scott, Spade, Stakoe, Vagnozzi, Valentine, Clack, Hammel, Lahti and Sheltrown offered the following resolution:

House Resolution No. 329.

A resolution recognizing the 60th anniversary of the State of Israel.

Whereas, The year 2008 marks the 60th anniversary of the founding of the modern Jewish State of Israel; and

Whereas, We would like to reaffirm the bonds of friendship, cooperation, and collaboration between Michigan and Israel; and

Whereas, On November 29, 1947, the United Nations General Assembly voted to end the British Mandate of Palestine, partition the country and, through that vote, create the State of Israel; and

Whereas, Officially declared an independent nation on May 14, 1948, Israel plans a series of events throughout the year to celebrate its 60th anniversary; and

Whereas, The desire of the Jewish people to establish an independent modern State of Israel is the outgrowth of the existence of the historic Kingdom of Israel established three thousand years ago in the city of Jerusalem and in the land of Israel; and

Whereas, A century ago at the First Zionist Congress, in Basel, Switzerland, participants, under the leadership of Theodore Herzl, affirmed the desire to reestablish a Jewish homeland in the historic land of Israel; and

Whereas, In its 60 years of existence, Israel has become the most successful democracy in the Middle East, and its citizens enjoy one of the highest standards of living in the area; and

Whereas, Born in the ashes of the Nazi Holocaust and crimes against the Jews in Europe and the Middle East, Israel has from its inception faced the hostility and, frequently, the armed aggression of its neighbors; and

Whereas, Since its establishment sixty years ago, the modern State of Israel has rebuilt a nation, forged a new and dynamic society, and created a unique and vital economic, political, cultural, and intellectual life despite the heavy costs of six wars, terrorism, international ostracism, and economic boycotts; and

Whereas, Despite difficult and often dangerous circumstances, Israel has prospered. It has been blessed with a number of great leaders, from David Ben-Gurion and Golda Meir to Menachem Begin and Yitzak Rabin; and

Whereas, Israel continues to strive for peace with security and dignity for themselves and their neighbors; and

Whereas, The connection between Michigan and Israel is strong and growing, as evidenced by the creation of the Michigan Israel Business Bridge to promote economic and business partnerships between the States; and

Whereas, With the anniversary observance taking place throughout the year, Israel will celebrate its anniversary with events marking the birth and development of the state, the struggle to find peace and security, and its hopes for the future; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the 60th anniversary of the State of Israel; and be it further

Resolved, That we commend the people of Israel for their remarkable achievements in building a new state and a pluralistic democratic society in the Middle East. We reaffirm the bonds of friendship and cooperation which have existed between the United States and Israel, which have been very significant for both countries. We recommit to working with Israel to assure its security in its quest for peace with its neighbors and the countries in the region; and be it further

Resolved, That we extend the warmest congratulations and best wishes to the State of Israel and her people for a peaceful, prosperous, and successful future; and be it further

Resolved, That we transmit a copy of this resolution to Israeli Ambassador Sallai Meridor as an expression of the admiration for Israel’s manifold accomplishments and best wishes for a peaceful and prosperous future.

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. Vagnozzi, Sak, Jackson, Amos, Condino, Warren, Bauer, LeBlanc, Accavitti, Ball, Bieda, Booher, Brandenburg, Brown, Byrnes, Casperson, Caul, Constan, Dean, Gonzales, Green, Hammon, Hansen, Hildenbrand, Hopgood, Horn, Rick Jones, Robert Jones, Knollenberg, Kathleen Law, Leland, Lemmons, Marleau, McDowell, Meisner, Miller, Nitz, Opsommer, Palmer, Pearce, Polidori, Proos, Scott, Shaffer, Alma Smith, Spade, Stahl, Stakoe, Tobocman, Valentine, Rocca, Cheeks, Clack, Hammel, Lahti, David Law and Sheltrown offered the following resolution:

House Resolution No. 330.

A resolution recognizing the week of April 13-19, 2008, as National Library Week in the state of Michigan and congratulating the American Library Association on the occasion of the 50th anniversary of National Library Week.

Whereas, The American Library Association (ALA) annually designates a week in April as a national observance to celebrate the contributions of this nation’s libraries, librarians and library workers to their communities and to promote library use and support; and

Whereas, This year, the ALA will be celebrating the 50th anniversary of National Library Week, which was first sponsored in 1958; and

Whereas, Each year, participants include all types of libraries across the country, including school, public, academic and special libraries; and

Whereas, This year’s theme is “Join the circle of knowledge at your library,” as citizens of all ages are being encouraged to find out how they can join the circle of knowledge by visiting their local library; and

Whereas, America’s libraries are vital institutions and dynamic centers of lifelong learning that play a unique role in ensuring the public’s right to know and empowering people from all walks of life to make informed decisions about the world around them; and

Whereas, Libraries play an integral role as community, educational and cultural centers that bring together diverse populations and serve as important cornerstones in healthy communities; and

Whereas, Libraries have the most recent ideas and information available on subjects and are a cost-effective means of providing education, training and the opportunity for self-improvement to all individuals without regard to age, race, income or socioeconomic background; and

Whereas, As vital connections to the people, places and ideas of the world through books, magazines, videos and the Internet, libraries are the primary point of online access for people without computers at home, school or work; and

Whereas, Libraries provide indispensable educational resources for children and teenagers, plenty of free activities, as well as safe, enriching entertainment for the whole family; and

Whereas, Librarians and library workers play key roles in helping people explore, imagine and discover new horizons in the vast world of information, knowledge and entertainment; and

Whereas, Two-thirds of adult Americans visit their local public libraries annually, with more than a billion visits made each year by adults, and likewise by students to their school libraries; and

Whereas, America’s libraries play a key role in the national discourse on intellectual freedom, equity of access and narrowing the digital divide and are the cornerstone of our democracy; and

Whereas, Thousands of libraries and library supporters across the nation are celebrating National Library Week this year; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the week of April 13-19, 2008, as National Library Week in Michigan, and encourage all citizens of Michigan to visit their local library and explore the wide variety of cultural and educational riches that libraries hold; and be it further

Resolved, That we recognize this nation’s librarians, library workers and supporters for their contributions to their communities, and congratulate the American Library Association on the occasion of the 50th anniversary of National Library Week.

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. Lahti, Lindberg, Bauer, McDowell, Polidori, Bieda, Corriveau, Valentine, Meadows, Stahl, Accavitti, Ball, Brandenburg, Brown, Byrnes, Casperson, Condino, Constan, Dean, Garfield, Gonzales, Green, Hammon, Hansen, Hildenbrand, Hopgood, Horn, Rick Jones, Robert Jones, Knollenberg, Kathleen Law, LeBlanc, Leland, Lemmons, Marleau, Meisner, Nitz, Palmer, Pearce, Proos, Sak, Scott, Shaffer, Simpson, Alma Smith, Spade, Stakoe, Tobocman, Vagnozzi, Rocca, Clack, Hammel, David Law and Sheltrown offered the following resolution:

House Resolution No. 331.

A resolution proclaiming the week preceding Armed Forces Day 2008 as Armed Forces Appreciation Week in the state of Michigan.

Whereas, The state of Michigan has always supported and honored the United States Military; and

Whereas, Many Michigan residents have an honored tradition of serving in the United States Military; and

Whereas, In the spirit of further honoring and supporting a resolution passed by the United States Congress in 1999 proclaiming May as National Military Appreciation Month; and

Whereas, In the spirit of further honoring and supporting the resolution by Governor Granholm proclaiming May as Military Appreciation Month; and

Whereas, The state of Michigan desires to express and demonstrate an appreciation to the men and women who have served in the military and their families who have sacrificed as well, and to the military organization in which they served; and

Whereas, Calling on the people of Michigan, including businesses, schools, organizations, associations, churches, and the media to create and implement activities to thank, honor, and support the men and women who have served and are currently serving in the United States Armed Forces; and

Whereas, Since Armed Forces Week culminates on Armed Forces Day, communities are hereby encouraged to support this special day by hosting a “Parade of Thanks”; and

Whereas, We can never thank our veterans enough, but with the establishment of “Armed Forces Appreciation Week” we are going to try; now, therefore, be it

Resolved by House of Representatives, That the members of this legislative body proclaim the week preceding Armed Forces Day (the third Saturday in May) as Armed Forces Appreciation Week in the state of Michigan.

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. Miller, Bieda, Accavitti, Ball, Brown, Byrnes, Condino, Constan, Dean, Garfield, Gonzales, Green, Hammon, Hansen, Hildenbrand, Hopgood, Robert Jones, Kathleen Law, LeBlanc, Leland, Lemmons, Marleau, McDowell, Meisner, Pearce, Proos, Sak, Scott, Shaffer, Alma Smith, Spade, Stahl, Tobocman, Vagnozzi, Valentine, Warren, Cheeks, Clack, Hammel, Lahti, David Law and Sheltrown offered the following resolution:

House Resolution No. 332.

A resolution to commemorate May 12, 2008, as Michigan Fibromyalgia Awareness Day.

Whereas, Fibromyalgia is a disease without a known cause or cure. This chronic disease affects people of all ages throughout the world. Nearly 10 million people in the United States alone suffer from this chronic disease; and

Whereas, Fibromyalgia is a chronic condition, which causes people to suffer from often intolerable pain. One of the affects of Fibromyalgia is sleep fatigue as a result of a lack of deep sleep as well as patterns of non-restorative sleep. Fibromyalgia can also cause various nervous system pains such as; neuropathic pain, central nervous system pain, and transmitter or receptor dysfunction pain. It can also cause headaches, interstitial cystitis, dizziness, tingling sensations, lack of sensations, vision problems, noise sensitivity, dysfunctional bowels, and problems with memory functioning; and

Whereas, People afflicted by this condition find it nearly impossible to complete their daily routines. Patients have difficulty lifting any object even of light weight, have problems using stairs, and any slight physical strain makes it almost impossible to conduct daily activities; and

Whereas, A diagnosis of Fibromyalgia takes an average of five years. Throughout the time the patient is enduring enormous amounts of pain, he or she often must face discrimination at both the workplace, and the community; and

Whereas, The lack of public education of Fibromyalagia makes it extremely difficult to treat as well as to diagnose. Increasing public education and research on the causes and diagnosis of this illness would help to eliminate a misunderstanding of its conditions, and possibly make advances in diagnosis and treatment more likely in the future; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate May 12, 2008, as Michigan Fibromyalgia Awareness Day.

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.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.

Rep. Byrnes offered the following concurrent resolution:

House Concurrent Resolution No. 80.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Washtenaw Community College relative to the Washtenaw Community College Technical and Industrial Building Renovations Project.

Whereas, Section 5 of Act No. 183 of the Public Acts of 1964, as amended, being section 830.415 of the Michigan Compiled Laws, requires the approval of the Board of Trustees of Washtenaw Community College (the “Educational Institution”), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the “Authority”); and

Whereas, The site for the Technical and Industrial Building Renovations Project (the “Facility”) is currently owned by the Educational Institution; and

Whereas, Section 7 of Act No. 183 of the Public Acts of 1964, as amended, being section 830.417 of the Michigan Compiled Laws, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the “State”) may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the “Lease”); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost shall not exceed $13,985,000 (the Authority share is $2,999,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $10,985,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $2,999,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by Act No. 183 of the Public Acts of 1964, as amended; and be it further

Resolved, That the annual amounts of “True Rental” for the Facility shall be within or below the range of $206,000 and $269,000, as shall reflect variations which may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by Act No. 183 of the Public Acts of 1964, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to annually appropriate sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Educational Institution, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.

Rep. Bauer offered the following concurrent resolution:

House Concurrent Resolution No. 81.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Projects-Phase I and II Group F VanWagoner Building (the “Facility”).

Whereas, By House Concurrent Resolution 35 of 2007, adopted on November 29, 2007, the Michigan Legislature approved a Total Facility Cost of $47,296,000 for the Department of Management and Budget State Facility Preservation Projects-Phase I and II Group E Special Maintenance Projects (the “Group E Project”); and

Whereas, Since adoption of House Concurrent Resolution 35 of 2007, it has been proposed that the portion of the Group E Project applicable to the VanWagoner Building should be removed from the Total Facility Cost for the Group E Project and made a part of the current Facility financing; and

Whereas, The amount of such transfer is $9,233,000; and

Whereas, The Michigan Legislature hereby acknowledges the transfer of such $9,233,000 excess funding from the Group E Project to the Facility; and

Whereas, Section 5 of Act No. 183 of the Public Acts of 1964, as amended, being section 830.415 of the Michigan Compiled Laws, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the “State”) may be conveyed to the State Building Authority (the “Authority”); and

Whereas, The site of the Facility is currently owned by the State; and

Whereas, Section 7 of Act No. 183 of the Public Acts of 1964, as amended, being section 830.417 of the Michigan Compiled Laws, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the “Lease”); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost shall not exceed $14,750,000 (the Authority share is $14,750,000 and the State General Fund/General Purpose share is $0), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $14,750,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by Act No. 183 of the Public Acts of 1964, as amended; and be it further

Resolved, That the annual amounts of “True Rental” for the Facility shall be within or below the range of $1,167,000 and $1,478,000, as shall reflect variations which may occur in the components upon which the appraisal of True Rental was based, which amount shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by Act No. 183 of the Public Acts of 1964, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL § 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.

Rep. Hood offered the following concurrent resolution:

House Concurrent Resolution No. 82.

A concurrent resolution approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Projects-Phase I and II Group G Special Maintenance Projects (the “Facility”).

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires that before a lease between the State of Michigan (the “State”) and the State Building Authority (the “Authority”) that is only for capital maintenance improvements is executed, the general form of the lease shall be approved by concurrent resolution of the Legislature concurred in by a majority of the members elected to and serving in each house of the Michigan Legislature, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose. The description of the property to be leased and the rental to be paid by the State shall be approved by the State Administrative Board; and

Whereas, Providing capital maintenance improvements to be used by the State pursuant to a lease with the Authority is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the “Lease”); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost shall not exceed $9,960,000 (the Authority share is $9,960,000 and the State General Fund/General Purpose share is $0), plus interest charges on monies advanced by the State to meet the acquisition and installation cash flow requirements of the Facility, if any, of which not more than $9,960,000, plus interest charges on monies advanced by the State to meet the acquisition and installation cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonacquisition and installation costs; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by Act No. 183 of the Public Acts of 1964, as amended; and be it further

Resolved, That the annual amounts of “True Rental” for the Facility shall be within or below the range of $788,000 and $998,000, as shall reflect variations which may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by Act No. 183 of the Public Acts of 1964, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That by hereby approving the Lease between the State and the Authority, the Legislature agrees to annually appropriate sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

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, April 16:

House Bill Nos. 5985 5986 5987 5988 5989

Senate Bill Nos. 1248 1249 1250 1251 1252 1253 1254 1255

Reports of Standing Committees

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

House Bill No. 5213, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2002 PA 472; and to repeal acts and parts of acts.

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, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, Stakoe and Rick Jones

Nays: Reps. Elsenheimer and Rocca

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

Senate Bill No. 435, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8152 (MCL 600.8152), as amended by 2002 PA 92.

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, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, Elsenheimer and Stakoe

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, April 16, 2008

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

Absent: Reps. Corriveau and David Law

Excused: Reps. Corriveau and David Law

The Committee on Families and Children’s Services, by Rep. Clack, Chair, reported

House Concurrent Resolution No. 54.

A concurrent resolution to memorialize the United States Congress to enact the Education Begins at Home Act.

(For text of concurrent resolution, see House Journal No. 113 of 2007, p. 1836.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Clack, Dean, Accavitti, Hammon and Wojno

Nays: Reps. Sheen and Hoogendyk

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Clack, Chair, of the Committee on Families and Children’s Services, was received and read:

Meeting held on: Wednesday, April 16, 2008

Present: Reps. Clack, Dean, Accavitti, Hammon, Wojno, Sheen, Stahl and Hoogendyk

Absent: Rep. Palmer

Excused: Rep. Palmer

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

House Bill No. 5893, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 201 and 203 (MCL 208.1201 and 208.1203), section 201 as amended by 2007 PA 145.

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. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Wenke 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, April 16, 2008

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

Absent: Reps. Sheen, Steil, Pastor and Palmer

Excused: Reps. Sheen, Steil, Pastor and Palmer

Messages from the Senate

House Bill No. 5463, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 410 (MCL 208.1410).

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Communications from State Officers

The following communication from the Department of Human Services was received and read:

April 8, 2008

Pursuant to Section 1002 of P.A. 345 of FY 2006, we are enclosing a copy of the following reports:

Type of Report Facility Report # License #

Special Investigation Report Adrian Training School 2008C0212014 CS460200931

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under “Online Lookups, Child Welfare Licensed Facilities” at the following address: http://www.michigan.gov/dhslicensing.

If you have any questions regarding this information, please feel free to contact Miriam E.J. Wilson at 517-373-8383.

Sincerely,

Ismael Ahmed

Director

The communication was referred to the Clerk.

Introduction of Bills

Reps. Marleau, Moss, Agema, Knollenberg, Palmer, Proos, Shaffer, LaJoy, Brandenburg, Pastor, Rick Jones, David Law, Robertson, Hune, Gaffney, Moore, Stakoe, Moolenaar, Caul, Booher, Hansen, Ball, Opsommer, Nitz, Pearce, Meltzer, Acciavatti, Amos, Rocca, Stahl, Calley, Meekhof, Green and Horn introduced

House Bill No. 5990, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 933 (MCL 168.933), as amended by 2003 PA 119, and by adding section 849.

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

Reps. Agema, Moss, Amos, Calley, Nitz, Rocca, Pearce, Opsommer, Ball, Hoogendyk, Sheen, Robertson, Hune, LaJoy, Walker, Moolenaar, Booher, Moore, Caul, Stakoe, Hansen, Steil, Caswell, Stahl, Pastor, Huizenga, Shaffer, Horn, Emmons, Elsenheimer, Hildenbrand, David Law, Rick Jones, Green, Meekhof, Pavlov, Marleau, Knollenberg, Schuitmaker, Garfield, Palmer, Gaffney, DeRoche and Meltzer introduced

House Bill No. 5991, entitled

A bill to prohibit state universities from classifying certain aliens as residents of this state for purposes of determining tuition.

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

Reps. Ball, Sheltrown, Polidori, Garfield, Opsommer, Caul, Moolenaar, Walker, Booher, Hansen, Nofs and Gaffney introduced

House Bill No. 5992, entitled

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

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

Reps. Simpson, Johnson, Condino, Bieda, Donigan, Vagnozzi, Leland, Jackson, Cushingberry, Hammon and Clack introduced

House Bill No. 5993, entitled

A bill to amend 1996 PA 305, entitled “Acknowledgment of parentage act,” by amending section 11 (MCL 722.1011).

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

Reps. Sak and Condino introduced

House Bill No. 5994, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2977.

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

Rep. Lemmons introduced

House Joint Resolution XX, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 21 of article V, to modify the nomination process for the secretary of state and attorney general.

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

Rep. Lemmons introduced

House Joint Resolution YY, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 2 of article VI, to modify the nomination process for incumbent justices of the supreme court.

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

Announcements by the Clerk

March 2008

Received from Michigan Law Revision Commission the 2006-2007 Combined Annual Report pursuant to Article IV, Section 15 of the Michigan Constitution.

Richard J. Brown

Clerk of the House

______

Rep. Lemmons moved that the House adjourn.

The motion prevailed, the time being 4:40 p.m.

Associate Speaker Pro Tempore Byrnes declared the House adjourned until Thursday, April 17, at 12:00 Noon.

RICHARD J. BROWN

Clerk of the House of Representatives

738 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 739

740 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 741

742 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 743

744 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 745

746 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 747

748 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 749

750 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 751

752 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 753

754 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 755

756 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 757

758 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 759

760 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 761

762 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 763

764 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 765

766 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 767

768 JOURNAL OF THE HOUSE [April 16, 2008] [No. 34

No. 34] [April 16, 2008] JOURNAL OF THE HOUSE 769

770