No. 46
State of Michigan
JOURNAL
OF THE
House of Representatives
94th Legislature
REGULAR SESSION OF 2008
House Chamber, Lansing, Wednesday, May 14, 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—excused LeBlanc—present Rocca—present
Ball—present Espinoza—present Leland—present Sak—present
Bauer—present Farrah—present Lemmons—present Schuitmaker—present
Bennett—present Gaffney—present Lindberg—present Scott—present
Bieda—present Garfield—present Marleau—present Shaffer—present
Booher—present Gillard—present Mayes—present Sheen—present
Brandenburg—present Gonzales—present McDowell—present Sheltrown—present
Brown—present Green—present Meadows—present Simpson—present
Byrnes—present Griffin—present Meekhof—present Smith, Alma—present
Byrum—present Hammel—present Meisner—present Smith, Virgil—present
Calley—present Hammon—present Melton—present Spade—present
Casperson—present Hansen—present Meltzer—present Stahl—present
Caswell—present Hildenbrand—present Miller—present Stakoe—present
Caul—present Hood—present Moolenaar—present Steil—present
Cheeks—present Hoogendyk—present Moore—present Tobocman—present
Clack—present Hopgood—present Moss—present Vagnozzi—present
Clemente—present Horn—present Nitz—present Valentine—present
Condino—present Huizenga—present Nofs—present Walker—present
Constan—present Hune—present Opsommer—present Ward—e/d/s
Corriveau—present Jackson—e/d/s Palmer—present Warren—present
Coulouris—present Johnson—present Palsrok—present Wenke—present
Cushingberry—e/d/s Jones, Rick—present Pastor—present Wojno—present
Dean—present Jones, Robert—present Pavlov—present Young—present
DeRoche—present Knollenberg—present
e/d/s = entered during session
Rep. Goeff Hansen, from the 100th District, offered the following invocation:
“Almighty God, through Whom we live and move and have our being, hear us as we pray.
You have made the earth and all its people and You have showered us with every blessing imaginable. With grateful hearts we thank You for this beautiful state of lakes and trees and cities, of hills and valleys, of outstanding institutions, of factories and schools, of farms, stores, and churches. Thank You for the home we call Michigan.
You have given us this new day that we might use it to do the work of the people, so be beside us today as we make decisions and as we endeavor to do what is right in each situation. May we be the voice of each man, woman, boy, and girl in our districts and throughout the state, as we speak, act and vote on their behalf.
We pray that we might always serve You by serving our fellow citizens, and we give You thanks for putting us in this place of service. In the name of our Savior, Amen.”
______
Rep. Booher moved that Rep. Emmons be excused from today’s session.
The motion prevailed.
Second Reading of Bills
House Bill No. 6019, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21771 (MCL 333.21771).
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Senior Health, Security, and Retirement (for amendment, see House Journal No. 39, p. 892),
The amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Warren 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. Warren moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6019, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21771 (MCL 333.21771).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 386 Yeas—106
Accavitti Dillon LaJoy Pearce
Acciavatti Donigan Law, David Polidori
Agema Ebli Law, Kathleen Proos
Amos Elsenheimer LeBlanc Robertson
Angerer Espinoza Leland Rocca
Ball Farrah Lemmons Sak
Bauer Gaffney Lindberg Schuitmaker
Bennett Garfield Marleau Scott
Bieda Gillard Mayes Shaffer
Booher Gonzales McDowell Sheen
Brandenburg Green Meadows Sheltrown
Brown Griffin Meekhof Simpson
Byrnes Hammel Meisner Smith, Alma
Byrum Hammon Melton Smith, Virgil
Calley Hansen Meltzer Spade
Casperson Hildenbrand Miller Stahl
Caswell Hood Moolenaar Stakoe
Caul Hoogendyk Moore Steil
Cheeks Hopgood Moss Tobocman
Clack Horn Nitz Vagnozzi
Clemente Huizenga Nofs Valentine
Condino Hune Opsommer Walker
Constan Johnson Palmer Warren
Corriveau Jones, Rick Palsrok Wenke
Coulouris Jones, Robert Pastor Wojno
Dean Knollenberg Pavlov Young
DeRoche Lahti
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Accavitti, Amos, Angerer, Ball, Bieda, Brown, Byrnes, Gonzales, Hammel, Hammon, Hildenbrand, Hopgood, Rick Jones, Kathleen Law, LeBlanc, Lemmons, Meadows, Moolenaar, Palsrok, Polidori, Rocca, Sak, Schuitmaker, Spade, Tobocman, Vagnozzi and Wojno were named co‑sponsors of the bill.
______
Reps. Cushingberry and Jackson entered the House Chambers.
Second Reading of Bills
House Bill No. 6014, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80205 and 80215 (MCL 324.80205 and 324.80215), section 80205 as amended by 2007 PA 8 and section 80215 as added by 2000 PA 229; 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 adopted, a majority of the members serving voting therefor.
Rep. Agema moved to amend the bill as follows:
1. Amend page 6, line 4, after “GUARDIAN” by inserting “OR AN INDIVIDUAL 21 YEARS OF AGE OR OLDER DESIGNATED BY THE PARENT OR GUARDIAN”.
2. Amend page 6, line 7, after “GUARDIAN” by inserting “OR AN INDIVIDUAL 21 YEARS OF AGE OR OLDER DESIGNATED BY THE PARENT OR GUARDIAN”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Hammon moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6014, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80205 and 80215 (MCL 324.80205 and 324.80215), section 80205 as amended by 2007 PA 8 and section 80215 as added by 2000 PA 229; 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. 387 Yeas—83
Accavitti Dillon Jones, Robert Robertson
Agema Donigan Lahti Rocca
Angerer Ebli Law, Kathleen Sak
Ball Espinoza LeBlanc Schuitmaker
Bauer Farrah Leland Scott
Bieda Gaffney Lemmons Shaffer
Booher Garfield Lindberg Sheltrown
Brown Gillard Mayes Simpson
Byrnes Gonzales McDowell Smith, Alma
Byrum Green Meadows Smith, Virgil
Calley Griffin Meekhof Spade
Casperson Hammel Meisner Stakoe
Caul Hammon Melton Tobocman
Cheeks Hansen Meltzer Vagnozzi
Clack Hildenbrand Miller Valentine
Clemente Hood Moolenaar Walker
Condino Hopgood Nitz Warren
Constan Horn Palsrok Wenke
Corriveau Jackson Pearce Wojno
Coulouris Johnson Polidori Young
Dean Jones, Rick Proos
Nays—24
Acciavatti Elsenheimer Law, David Palmer
Amos Hoogendyk Marleau Pastor
Bennett Huizenga Moore Pavlov
Brandenburg Hune Moss Sheen
Caswell Knollenberg Nofs Stahl
DeRoche LaJoy Opsommer Steil
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4444, entitled
A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending section 1 (MCL 722.641), as amended by 2006 PA 236.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Commerce,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Spade moved to amend the bill as follows:
1. Amend page 4, following line 21, by inserting:
“(9) AN ARRESTING LAW ENFORCEMENT AGENCY IN THIS STATE MAY TAKE THE FINGERPRINTS OF A PERSON UPON THE ARREST OF THAT PERSON FOR A MISDEMEANOR DESCRIBED IN SUBSECTION (1) AND FORWARD THE FINGERPRINTS TO THE DEPARTMENT OF STATE POLICE, AS PROVIDED IN SECTION 3(5) OF 1925 PA 289, MCL 28.243.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Spade moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4444, entitled
A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending section 1 (MCL 722.641), as amended by 2006 PA 236.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 388 Yeas—99
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Angerer Ebli Law, David Proos
Ball Elsenheimer Law, Kathleen Rocca
Bauer Espinoza LeBlanc Sak
Bennett Farrah Leland Schuitmaker
Bieda Gaffney Lemmons Scott
Booher Gillard Lindberg Shaffer
Brown Gonzales Marleau Sheltrown
Byrnes Green Mayes Simpson
Byrum Griffin McDowell Smith, Alma
Calley Hammel Meadows Smith, Virgil
Casperson Hammon Meekhof Spade
Caswell Hansen Meisner Stahl
Caul Hildenbrand Melton Stakoe
Cheeks Hood Meltzer Steil
Clack Hopgood Miller Tobocman
Clemente Horn Moolenaar Vagnozzi
Condino Huizenga Moore Valentine
Constan Hune Moss Walker
Corriveau Jackson Nitz Warren
Coulouris Johnson Nofs Wenke
Cushingberry Jones, Rick Opsommer Wojno
Dean Jones, Robert Palsrok Young
DeRoche Knollenberg Pavlov
Nays—9
Agema Garfield Palmer Robertson
Amos Hoogendyk Pastor Sheen
Brandenburg
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4343, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 342.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Great Lakes and Environment,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
Rep. Ebli moved to substitute (H-5) the bill.
The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Griffin moved to amend the bill as follows:
1. Amend page 51, following line 21, by striking out all of enacting section 1.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Robertson moved to amend the bill as follows:
1. Amend page 1, line 5, after “(B)” by striking out “THE PROVISIONS OF THIS PART” and inserting “A PROPOSED USE FOR WHICH A WATER WITHDRAWAL PERMIT IS ISSUED UNDER SECTION 32723 SHALL BE CONSIDERED TO SATISFY THE REQUIREMENTS OF SECTION 4.11 OF THE COMPACT.
(C) THE 2008 AMENDMENTS TO THIS PART, THE 2008 AMENDMENTS TO PART 328, AND THE 2008 AMENDMENTS TO SECTIONS 4 AND 17 OF THE SAFE DRINKING WATER ACT, 1976 PA 399, MCL 325.1004 AND 325.1017,” and relettering the remaining subsections.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Ebli moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4343, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 342.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 389 Yeas—108
Accavitti DeRoche Knollenberg Pavlov
Acciavatti Dillon Lahti Pearce
Agema Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Warren
Coulouris Johnson Palmer Wenke
Cushingberry Jones, Rick Palsrok Wojno
Dean Jones, Robert Pastor Young
Nays—0
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Tobocman moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 32730 and part 342.
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.
Second Reading of Bills
House Bill No. 5067, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32710 and 32713 (MCL 324.32710 and 324.32713), section 32710 as added by 1995 PA 59 and section 32713 as amended by 2006 PA 33.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Great Lakes and Environment,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Griffin moved to amend the bill as follows:
1. Amend page 2, line 21, by striking out all of enacting section 1.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Brown moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5067, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32710 and 32713 (MCL 324.32710 and 324.32713), section 32710 as added by 1995 PA 59 and section 32713 as amended by 2006 PA 33.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 390 Yeas—101
Accavitti DeRoche Lahti Pearce
Acciavatti Dillon LaJoy Polidori
Amos Donigan Law, David Proos
Angerer Ebli Law, Kathleen Robertson
Ball Elsenheimer LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lemmons Schuitmaker
Bieda Gaffney Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Steil
Cheeks Hopgood Moolenaar Tobocman
Clack Horn Moore Vagnozzi
Clemente Huizenga Moss Valentine
Condino Jackson Nitz Walker
Constan Johnson Nofs Warren
Corriveau Jones, Rick Opsommer Wenke
Coulouris Jones, Robert Palsrok Wojno
Cushingberry Knollenberg Pavlov Young
Dean
Nays—7
Agema Hoogendyk Palmer Sheen
Garfield Hune Pastor
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Tobocman moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32713 (MCL 324.32713), as amended by 2006 PA 33.
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.
Second Reading of Bills
House Bill No. 5072, entitled
A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 17 (MCL 325.1017), as amended by 2006 PA 37.
Was read a second time, and the question being on the adoption of the proposed substitute (H-6) previously recommended by the Committee on Great Lakes and Environment,
The substitute (H-6) was adopted, a majority of the members serving voting therefor.
Rep. Griffin moved to amend the bill as follows:
1. Amend page 4, line 15, by striking out all of enacting section 1.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Valentine moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5072, entitled
A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 17 (MCL 325.1017), as amended by 2006 PA 37.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 391 Yeas—99
Accavitti Dean Knollenberg Polidori
Acciavatti DeRoche LaJoy Proos
Amos Dillon Law, David Robertson
Angerer Donigan Law, Kathleen Rocca
Ball Ebli LeBlanc Sak
Bauer Elsenheimer Leland Schuitmaker
Bennett Espinoza Lemmons Scott
Bieda Farrah Lindberg Shaffer
Booher Gaffney Marleau Sheltrown
Brandenburg Gillard Mayes Simpson
Brown Gonzales McDowell Smith, Alma
Byrnes Green Meadows Smith, Virgil
Byrum Griffin Meekhof Spade
Calley Hammel Meisner Stahl
Casperson Hammon Melton Stakoe
Caswell Hansen Miller Steil
Caul Hildenbrand Moolenaar Tobocman
Cheeks Hood Moore Vagnozzi
Clack Hopgood Moss Valentine
Clemente Horn Nitz Walker
Condino Huizenga Nofs Warren
Constan Jackson Opsommer Wenke
Corriveau Johnson Palsrok Wojno
Coulouris Jones, Rick Pavlov Young
Cushingberry Jones, Robert Pearce
Nays—9
Agema Hune Meltzer Pastor
Garfield Lahti Palmer Sheen
Hoogendyk
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Clack, Clemente, Condino, Ebli, Gillard, Gonzales, Hopgood, Leland and Spade were named co‑sponsors of the bill.
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Rep. Ward entered the House Chambers.
______
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. Byrum, Ball, Accavitti, Bauer, Bieda, Brown, Byrnes, Casperson, Caul, Clack, Condino, Constan, Dean, Garfield, Gonzales, Green, Hammon, Hansen, Hildenbrand, Huizenga, Robert Jones, Lahti, David Law, LeBlanc, Leland, Lemmons, Marleau, Mayes, Melton, Miller, Moolenaar, Nitz, Opsommer, Pastor, Pearce, Polidori, Proos, Rocca, Sak, Sheltrown, Spade, Stahl, Tobocman, Vagnozzi and Warren offered the following resolution:
House Resolution No. 365.
A resolution to commemorate the Michigan Optometric Society on the third anniversary of the InfantSEE program.
Whereas, The most critical stages of vision development occur in the first year of a child’s life; and
Whereas, Undetected eye and vision problems can lead to permanent vision impairment or loss of life; and
Whereas, One in 10 children is at risk from undiagnosed eye and vision problems; and
Whereas, One in 30 children will be affected by amblyopia, a leading cause of vision loss in people younger than 45 years; and
Whereas, Undetected vision problems can contribute to a decrease in a child’s quality of life, and may lead to developmental and behavioral difficulties which impede classroom learning, as well as increase the costs to society; and
Whereas, Early detection of vision problems is the best way to treat and prevent permanent vision impairment; and
Whereas, Member optometrists of the American Optometric Association and The Vision Care Institute of Johnson & Johnson Vision Care, Inc., have partnered to create InfantSEE, a public health program to provide a one-time, no-cost eye assessment for infants six to twelve months of age; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commend the Michigan Optometric Association and the profession of Optometry on the third anniversary of the InfantSEE program for voluntarily dedicating their expertise and services to the infants of Michigan; and be it further
Resolved, That the state of Michigan encourages parents to schedule an InfantSEE assessment for their infants.
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. Moolenaar, Agema, Ball, Booher, Casperson, Caul, Clack, Dean, Garfield, Green, Hildenbrand, Hoogendyk, Huizenga, Robert Jones, Lemmons, Marleau, Meekhof, Nitz, Opsommer, Palmer, Pastor, Pearce, Proos, Sak, Stahl, Steil and Tobocman offered the following resolution:
House Resolution No. 366.
A resolution recognizing May 5-9, 2008, as National Charter Schools Week in the state of Michigan.
Whereas, Charter schools are locally established and founded in communities across the state, offering new educational opportunities to over 100,000 students and their families; and
Whereas, Michigan’s 230 charter schools, and the dedicated staff and students who work therein, are bringing fresh ideas and perspectives to K-12 education; and
Whereas, Charter schools are giving all parents more choices in their children’s education; and
Whereas, Charter public schools encourage competition and are accountable to the public through public universities, community colleges, and local and intermediate school districts that help establish and over see these schools; and
Whereas, Michigan’s charter experience has resulted in a nationally-recognized system of leadership, performance, and accountability that delivers effective results for the students and families it serves; and
Whereas, Charter schools are making great progress toward closing the achievement gap for urban, minority, and poor children across our state; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize May 5-9, 2008, as National Charter Schools Week in the state of Michigan in honor of these schools and their past, present, and future achievements.
The resolution was referred to the Committee on Education.
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, May 14:
House Bill Nos. 6108 6109 6110 6111 6112 6113 6114 6115 6116
Senate Bill No. 1312
The Clerk announced that the following Senate bills had been received on Wednesday, May 14:
Senate Bill Nos. 212 723 727 858 859
Reports of Standing Committees
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 6022, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 356a (MCL 750.356a), as amended by 1998 PA 311.
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, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, David Law, Elsenheimer, Stakoe and Rick Jones
Nays: None
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 6092, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 422a.
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, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, David Law, Elsenheimer, Stakoe and Rick Jones
Nays: None
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 6093, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16v of chapter XVII (MCL 777.16v), as amended by 2002 PA 123.
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, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, David Law, Elsenheimer, Stakoe and Rick Jones
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, May 14, 2008
Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, David Law, Elsenheimer, Stakoe and Rick Jones
Absent: Reps. Schuitmaker and Rocca
Excused: Reps. Schuitmaker and Rocca
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 5870, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2006 PA 664.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Bieda, Condino, Robert Jones, Mayes, Melton, Sheltrown, Young, Meltzer, Sheen, Palmer and Wenke
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 6031, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), 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, Young, Meltzer, Sheen, Steil, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 1217, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), 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, Young, Meltzer, Sheen, Steil, Palmer, 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, May 14, 2008
Present: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Young, Meltzer, Sheen, Steil, Palmer, Wenke and Calley
Absent: Reps. Warren and Pastor
Excused: Reps. Warren and Pastor
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
House Bill No. 4569, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 140 to article 12.
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. Warren, Donigan, Ebli, Kathleen Law, Leland, Meadows, Miller, Valentine and Meekhof
Nays: Reps. Griffin, Robertson and Moolenaar
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:
Meeting held on: Wednesday, May 14, 2008
Present: Reps. Warren, Donigan, Ebli, Griffin, Kathleen Law, Leland, Meadows, Miller, Valentine, Robertson, Palmer, Moolenaar and Meekhof
Absent: Reps. Emmons and Walker
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Accavitti, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Wednesday, May 14, 2008
Present: Reps. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Melton, Nofs, Palsrok, Moolenaar, Horn and Opsommer
Absent: Reps. Miller, Garfield and Huizenga
Excused: Reps. Miller, Garfield and Huizenga
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:
Meeting held on: Wednesday, May 14, 2008
Present: Reps. Warren, Donigan, Ebli, Griffin, Kathleen Law, Leland, Meadows, Miller, Valentine, Robertson, Moolenaar and Meekhof
Absent: Reps. Palmer, Emmons and Walker
Messages from the Senate
House Bill No. 5174, entitled
A bill to allow certain active duty service members to terminate motor vehicle leases; to provide for the rights and responsibilities of the lessees and lessors to those terminated motor vehicle leases; to provide for the powers and duties of certain state officials; to prescribe civil sanctions and provide penalties; and to provide for the disposition of civil fines.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4557, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 435 and 438 (MCL 206.435 and 206.438), section 435 as added by 2007 PA 133 and section 438 as added by 2004 PA 364.
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 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,” by amending section 435 (MCL 206.435), as added by 2007 PA 133.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 4163, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 12601, 12603, 12611, 12613, 12614, 12905, and 12915 (MCL 333.12601, 333.12603, 333.12611, 333.12613, 333.12614, 333.12905, and 333.12915), sections 12601 and 12613 as amended by 1988 PA 315, sections 12603 and 12611 as amended by 1993 PA 217, section 12614 as added by 1988 PA 296, section 12905 as amended by 1993 PA 242, and section 12915 as amended by 1982 PA 526, and by adding sections 12606, 12606a, and 12606b; and to repeal acts and parts of acts.
The Senate has substituted (S-8) the bill.
The Senate has passed the bill as substituted (S-8) and amended the title to read as follows:
A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending the heading of part 129 and sections 12601, 12603, 12611, 12613, 12614, 12905, and 12915 (MCL 333.12601, 333.12603, 333.12611, 333.12613, 333.12614, 333.12905, and 333.12915), sections 12601 and 12613 as amended by 1988 PA 315, sections 12603 and 12611 as amended by 1993 PA 217, section 12614 as added by 1988 PA 296, section 12905 as amended by 1993 PA 242, and section 12915 as amended by 1982 PA 526, and by adding section 12606; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 212, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 32730 and part 342.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Senate Bill No. 723, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32801 and 32803 (MCL 324.32801 and 324.32803), section 32801 as added by 2003 PA 148 and section 32803 as amended by 2006 PA 34.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Senate Bill No. 727, entitled
A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 17 (MCL 325.1017), as amended by 2006 PA 37.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Senate Bill No. 858, entitled
A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 4 (MCL 325.1004), as amended by 2006 PA 601.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Senate Bill No. 859, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32713 (MCL 324.32713), as amended by 2006 PA 33.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Notices
Pursuant to Rule 41, the Speaker has made the following reassignments:
House Bill No. 6109 referred to the Committee on Judiciary.
House Bill No. 6110 referred to the Committee on Judiciary.
House Bill No. 6115 referred to the Committee on Great Lakes and Environment.
House Bill No. 6116 referred to the Committee on Great Lakes and Environment.
Introduction of Bills
Rep. Rick Jones introduced
House Bill No. 6117, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27 (MCL 211.27), as amended by 2003 PA 274.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Reps. Alma Smith, Meadows, Coulouris, Johnson, Valentine, Calley, Knollenberg, Moss and Wenke introduced
House Bill No. 6118, entitled
A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 50b (MCL 38.1050b), as amended by 1998 PA 501.
The bill was read a first time by its title and referred to the Committee on Retiree Health Care Reforms.
Reps. Moss, Meadows, Coulouris, Johnson, Valentine, Alma Smith, Knollenberg and Wenke introduced
House Bill No. 6119, entitled
A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending section 42 (MCL 38.1642), as amended by 2004 PA 50.
The bill was read a first time by its title and referred to the Committee on Retiree Health Care Reforms.
Reps. Valentine, Meadows, Coulouris, Johnson, Alma Smith, Calley, Knollenberg, Moss and Wenke introduced
House Bill No. 6120, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 3 (MCL 38.3).
The bill was read a first time by its title and referred to the Committee on Retiree Health Care Reforms.
Reps. Pearce, Vagnozzi, LaJoy, Garfield, Booher, Sheen, Meekhof, Emmons and Dean introduced
House Bill No. 6121, entitled
A bill to amend 1955 PA 233, entitled “An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; to provide for the issuance of bonds to acquire, construct, extend, or improve the systems; and to prescribe penalties and provide remedies,” by amending section 4a (MCL 124.284a), as added by 1985 PA 178.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
______
Rep. Johnson moved that the House adjourn.
The motion prevailed, the time being 4:00 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, May 15, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives
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