No. 92

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Wednesday, December 10, 2008.

1:30 p.m.

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

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

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

Acciavatti—present Donigan—present LaJoy—present Polidori—present

Agema—present Ebli—present Law, David—present Proos—present

Amos—present Elsenheimer—present Law, Kathleen—present Robertson—present

Angerer—present Emmons—present LeBlanc—present Rocca—present

Ball—present Espinoza—present Leland—present Sak—present

Bauer—present Farrah—present Lemmons—present Schuitmaker—present

Bennett—present Gaffney—present Lindberg—present Scott—present

Bieda—present Garfield—present Marleau—present Shaffer—present

Booher—present Gillard—present Mayes—present Sheen—present

Brandenburg—present Gonzales—present McDowell—present Sheltrown—present

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Cushingberry—present Jones, Rick—present Pastor—present Wojno—present

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

DeRoche—present Knollenberg—present

e/d/s = entered during session

Rep. Kim Meltzer, from the 33rd District, offered the following invocation:

“Dear Heavenly Father,

We ask You for Your forgiveness so that we may stand before You without guilt and thank You for Your promise that whenever two or more are gathered in Your name You are there also. Lord hear our prayer. We as a blessed people, although in even better times, have asked for more; now in these challenging times stand humbly before You asking not for material things, but for the strength to be true witnesses of Your love. Strengthen us so that when we are not forgiven, we forgive. Strengthen us so that when we receive no help, we help. Strengthen us so that when we haven’t received love from another, we love. We ask this because You are the Alpha and the Omega. All things come from You and end with You. You are the source of all things worthwhile and good and our comfort is found in You. We pray this in Your holy and precious name Jesus Christ.”

______

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

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 85.

A concurrent resolution to urge the state’s law enforcement agencies to consider the distribution of seized materials to our troops overseas when doing so would be feasible, appropriate, and of value to our military personnel.

(For text of concurrent resolution, see House Journal No. 50, p. 1158.)

(The concurrent resolution was reported by the Committee on Military and Veterans Affairs and Homeland Security on December 3, consideration of which, under the rules, was postponed until December 4.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

The Speaker laid before the House

House Concurrent Resolution No. 3.

A concurrent resolution to urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.

(For text of concurrent resolution, see House Journal No. 8 of 2007, p. 85.)

(The concurrent resolution was discharged from the Committee on Energy and Technology on December 9.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5331, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43523, 43528, and 43531 (MCL 324.43523, 324.43528, and 324.43531), section 43523 as amended by 2006 PA 280 and sections 43528 and 43531 as amended by 1996 PA 585.

(The bill was received from the Senate on December 4, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 9, see House Journal No. 90, p. 2909.)

The question being on concurring in the amendments made to the bill by the Senate,

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

Roll Call No. 1032 Yeas—109

Accavitti Dillon Knollenberg Pearce

Acciavatti Donigan Lahti Polidori

Agema Ebli LaJoy Proos

Amos Elsenheimer Law, David Robertson

Angerer Emmons Law, Kathleen Rocca

Ball Espinoza LeBlanc Sak

Bauer Farrah Leland Schuitmaker

Bennett Gaffney Lemmons Scott

Bieda Garfield Lindberg Shaffer

Booher Gillard Marleau Sheen

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Melton Spade

Casperson Hansen Meltzer Stahl

Caswell Hildenbrand Miller Stakoe

Caul Hood Moolenaar Steil

Cheeks Hoogendyk Moore Tobocman

Clack Hopgood Moss Vagnozzi

Clemente Horn Nitz Valentine

Condino Huizenga Nofs Walker

Constan Hune Opsommer Ward

Corriveau Jackson Palmer Warren

Coulouris Johnson Palsrok Wenke

Cushingberry Jones, Rick Pastor Wojno

Dean Jones, Robert Pavlov Young

DeRoche

Nays—0

In The Chair: Sak

The House agreed to the full title.

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

The Speaker laid before the House

House Bill No. 6185, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 351, 355, and 365 (MCL 206.351, 206.355, and 206.365), section 351 as amended by 2003 PA 22, section 355 as amended by 2003 PA 48, and section 365 as amended by 2003 PA 47, and by adding section 366.

(The bill was received from the Senate on December 4, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 9, see House Journal No. 90, p. 2910.)

The question being on concurring in the substitute (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. 1033 Yeas—109

Accavitti Dillon Knollenberg Pearce

Acciavatti Donigan Lahti Polidori

Agema Ebli LaJoy Proos

Amos Elsenheimer Law, David Robertson

Angerer Emmons Law, Kathleen Rocca

Ball Espinoza LeBlanc Sak

Bauer Farrah Leland Schuitmaker

Bennett Gaffney Lemmons Scott

Bieda Garfield Lindberg Shaffer

Booher Gillard Marleau Sheen

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Melton Spade

Casperson Hansen Meltzer Stahl

Caswell Hildenbrand Miller Stakoe

Caul Hood Moolenaar Steil

Cheeks Hoogendyk Moore Tobocman

Clack Hopgood Moss Vagnozzi

Clemente Horn Nitz Valentine

Condino Huizenga Nofs Walker

Constan Hune Opsommer Ward

Corriveau Jackson Palmer Warren

Coulouris Johnson Palsrok Wenke

Cushingberry Jones, Rick Pastor Wojno

Dean Jones, Robert Pavlov Young

DeRoche

Nays—0

In The Chair: Sak

The House agreed to the full title.

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

Comments and Recommendations

Rep. Tobocman moved that the following remarks be printed in the Journal.

The motion prevailed.

Rep. Acciavatti:

• “Thank You Mr. Speaker

• My legislative journey started 6 years ago in January of 2003. It started with my 109 mile drive to Lansing with my wife Michelle at my side. I remember her telling me on our way home, after I was sworn in for the first time, ‘DON’T LET THIS PLACE GO TO YOUR HEAD.’ She told me to remember where you came from and why you are here. - My wife is my backbone; I am nothing without her and I thank her for her patience and understanding during the past 6 years.

• I arrived in Lansing that January with some basic values and goals: I believed that a competitive tax structure and low government regulation will encourage entrepreneurship, capital investment and create jobs - not some government program. I believed that we should balance our budget with the money we have; I believed that our most important right is our right to keep and bear arms; I believed that life is not a choice; I was appalled by the importation of Canadian trash; and I wanted a real-time water quality monitoring system for Lake St. Clair.

• The past six years I am grateful to have had my office team to help me and guide me. AMY RITTENHOUSE – has been with me from the start. If I was on time and prepared for a meeting, it was most likely due to her. The second half of my office team is MEGHAN LIZOTTE. I thank you both for your dedication to me for the past 6 years.

• Some other people who are vital to making this place operate are the Policy Staff - They are clearly the BRAINS behind the operation. I would especially like to thank CHRIS HARKINS who has had to deal with the pain of working with me for the last few years.

• The House Fiscal Agency Staff – led by MITCH BEAN - are a priceless resource to this chamber and to the appropriations process. They give us all the information we need and their expertise and knowledge should be used more often.

• To all the clerks and all the Sergeants – Thank you for your service and what you do.

• To My COLLEAGUES – I leave you with this piece of advice: ‘DON’T LET THIS PLACE GO TO YOUR HEAD.’ This job will ruin your life if you let it. Keep your health and family in tact and remember why you are here, and where you came from.

• I will not mention any of you by name; but I leave this chapter in my life with some new life-long friends and a new found respect for all of you.

• To my CONSTITUENTS - I thank you for trusting me with this awesome responsibility – and I hope I have served you well.

• One quick story before I go:

• During my first term, as Representative Condino spoke about last week, we had some tremendous and memorable debates. One in particular sticks out: We were debating the unthinkable procedure of Partial Birth Abortion when Representative Triette Reeves gave a passionate speech that transformed her before this chamber – I will never forget those thoughtful and difficult debates.

• I have a message to you Mr. Speaker and all future Speakers of this chamber: Use the rules and the tremendous power that you hold to encourage the free flow exchange of ideas and debate in this chamber - NO EXCEPTIONS. Also, never abuse the authority you have especially when it comes to placing a CALL OF THE HOUSE over this body. That power must be used uniformly and respectfully.

• So in a few days I will drive 109 Miles back to my home for the last time as a member of this body. I will be greeted by my beautiful wife and our new 9 month old. Thankfully my health and family are still in tact. I still believe that a competitive tax structure and low regulation will encourage entrepreneurship, capital investment, and create jobs. I still believe that we should balance our budget with the money we have, not the money we can get. I still believe that our most important right is our right to keep and bear arms. I still believe that life is not a choice. I am still appalled by the importation of Canadian trash into our great state; and I am happy that we now have a real-time water quality monitoring system in place for Lake St. Clair.

• I thank you, all of you, for allowing me to serve the people of Michigan – it has been an honor.

• Have a great holiday season & Good Bye.”

Rep. Garfield:

“Thank you, Mr. Speaker. I want to begin by thanking my Almighty God, from whom all blessings flow, for this exceptional and unique opportunity to serve my fellow citizens. I am eternally grateful for the citizens of the 45th District’s confidence in my leadership. To them I will be forever indebted.

I want to thank my wife of 30 years, Carrie for bringing our children into my life and who told me that I would always be her hero. I thank my children: Christy, Tonya and Arman for bringing me true joy. I also want to thank my mother Mariam for instilling in me the importance of family values and my father, Woodrow Wilson Garfield, who taught me courage and devotion to our country.

My journey of public service began before I was born. My grandfather walked across the Syrian desert, because of religious persecution, and joined the French Army in liberating Armenian internees incarcerated in Turkish prison camps. There he found my grandmother. He brought her to America in 1919 and in 1920 he went to work for Mr. Ford. He worked at the Ford Rouge Plant from 1920 to 1966 when he retired. Those new immigrants who migrated to America helped to build the melting pot of our nation. It was they who taught me about respect for race, creed, color and national origin. Their devotion and commitment to freedom impacted me from childhood and has faithfully been a reminder of what truly matters most as I have navigated my way through life.

My father’s side of the family goes back to the Revolutionary war where there was a Garfield on the Concord Bridge, in Concord, Massachusetts, where the ‘shot heard around the world’ was fired. His German, Welsh and Native American heritage is what sustained my father as a POW in a German prison camp during World War II. He passed on to me our Native American heritage and taught me respect for mother earth. He instilled in me that the earth will feed, clothe and house you if you are a good steward her. Please leave the land the way you found her, pristine, for future generations.

Upon my return from Vietnam, our veterans were scorned upon and mistreated.

As chair of Military and Veterans Affairs and Homeland Security, I have had the pleasure of meeting and interacting with many of our nations finest. Veterans and families of our servicemen and women hold a special place in my heart and I will always honor and fight on their behalf as many have sacrificed and paid the ultimate price to protect and uphold the freedoms and processes of our great state and nation.

As a fighter for protecting our constitution, Bill of Rights and individual freedoms, I have met many along the way who have challenged, strengthened and celebrated such ideals. I will continue that fight as long as I am a citizen of this great country.

When you think you have seen everything, you really never have. I will never forget Representative, now House Clerk, Rich Brown, bringing into this chamber a marching band.

I want to thank Aldo Vagnozzi for his thoughtfulness and kindness during my wife’s illness. Also, when I came to work one day and saw he was dressed as a roman centurion, I knew we had a unique bunch in this class.

To my good friend, John Espinoza, who is a true American success story, I will always be grateful for his friendship.

I want to recognize and thank former Representative Triette Reeves, for her moving speech defending pro-life values.

I want to thank the ‘Fab Five’, as we were called in my freshman class: Jack Brandenburg, Dan Acciavatti, Matt Milosch and Leon Drolet for their wit, humor and camaraderie.

I will never forget when Representative Rick Shaffer was addressing our caucus and Jack Brandenburg asked him to stand to address us. Rep. Shaffer responded, ‘Jack, I am standing!’

I want to thank Speakers Johnson, DeRoche and Dillon who were a pleasure to work with, I appreciate not having their job.

I want to thank my other colleagues and friends, too numerous to mention in this limited amount of time.

I remain truly grateful for my staff. My three Chiefs of Staff: Connie Russell, David Jessup and most currently, Julia Schafer Nuñez. As well as my current aides: Brett Dickey, Erinn Kane and Mark Andrek. Without their constant support, honesty, loyalty and commitment to me and the citizens of my district, I would never have reached such success. They are family to me.

In closing, this is a unique institution. Many aspire to walk through those House Chamber doors, only few make it. I count myself among those favored to serve our state in this way. May God bless you all!”

Rep. Steil:

“Good bye Speech 08

• The word ‘politics’ is derived from the word ‘poly’, meaning ‘many’, and the word ‘ticks’, meaning ‘blood sucking parasites’.

• Politics is supposed to be the second oldest profession. I have come to realize that it bears a very close resemblance to the first.

• Politics is the art of looking for trouble, finding it everywhere, diagnosing it wrongly, and applying unsuitable remedies.

• The government’s view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it’.

• You can fool all of the people all of the time if the advertising is right and the budget is big enough.

• Politicians should be changed as much as diapers and for the same reason.

Me before the legislature

I never thought of myself as a politician and believe most of you probably don’t either…except for Fabio. I was 34, had been divorced, remarried, had 2 kids, and had worked basically for 1 company. I had an Associate’s Degree. There were a lot of people that thought they knew who I was because of my father, they were wrong. I felt insecure about who I was and what I knew. I wasn’t sure what kind of difference I would make for Michigan but had enough courage and energy to try. I was honest.

Me now

I am 40, have 3 kids and have worked for 2 employers. I now have a Bachelors Degree. I am still insecure about who I am and where I’m going. I now have more diverse knowledge and hope it will benefit me in the future. I still don’t think of myself as a politician and know I never will. I believe I am an ‘okay’ legislator. I have seen some that are much better than me and some that probably could have achieved more for our State, including myself. I never needed to be in the picture, drive the most legislation, raise the most money, and stay in Lansing all the time to know as many people as possible. I hoped this experience would propel me into even greater success and sadly because of our States economy my future seems uncertain.

If you know me now, then I’m glad we connected. If you don’t, I blame myself for being either somewhat lazy or prejudging you like so many have of me. I still am honest.

Me in the future

Today, I’m not sure how, but I will take care of my family. I will continue to work on being a better husband, father and friend. I will care less about image and more about people. I will save more. I will continue to be honest.

I would like to thank all the people that worked for me and have helped me be a better legislator.

Rob Nederhood

Brad Biladeau

Frank Waters

Lisa Posthumus Lyons

And most especially:

Jeff Paplawsky and Rebecca Climie who are both hardworking, loyal, trustworthy and talented. The two of them have made me a better person and I value their friendships and hope their lives will be rewarding.

There are a lot of special people here in this capital including all of the support staff and I’m grateful and blessed to have seen first hand their gifted contributions.

Most legislators are asked to mention the proudest accomplishment they have had, and most often they discuss legislation. For me it is the relationships I’ve built and friendships I hope will last forever.

I’m grateful to have had this opportunity to serve my community and thank the people of the 72nd district for putting their trust in me.

I wish much success and many blessings for each of you.

It’s been an experience of a lifetime.”

By unanimous consent the House returned to the order of

Second Reading of Bills

Senate Bill No. 1485, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2007 PA 168.

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Hansen moved that Rep. Ball be excused temporarily from today’s session.

The motion prevailed.

Rep. Tobocman moved that Reps. Cheeks, Johnson and Virgil Smith be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1485, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2007 PA 168.

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

Roll Call No. 1034 Yeas—60

Accavitti Corriveau Hansen Melton

Angerer Coulouris Hood Polidori

Bauer Cushingberry Hopgood Sak

Bennett Dean Hune Scott

Bieda Dillon Jackson Shaffer

Booher Ebli Jones, Robert Sheltrown

Brown Espinoza Lahti Simpson

Byrnes Farrah Law, Kathleen Smith, Alma

Byrum Gaffney LeBlanc Spade

Caswell Garfield Leland Tobocman

Caul Gillard Lemmons Vagnozzi

Clack Gonzales Lindberg Valentine

Clemente Griffin Mayes Warren

Condino Hammel McDowell Wenke

Constan Hammon Meadows Wojno

Nays—45

Acciavatti Hoogendyk Moolenaar Proos

Agema Horn Moore Robertson

Amos Huizenga Moss Rocca

Brandenburg Jones, Rick Nitz Schuitmaker

Calley Knollenberg Nofs Sheen

Casperson LaJoy Opsommer Stahl

DeRoche Law, David Palmer Stakoe

Donigan Marleau Palsrok Steil

Elsenheimer Meekhof Pastor Walker

Emmons Meltzer Pavlov Ward

Green Miller Pearce Young

Hildenbrand

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.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4847, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 1990 PA 168.

(The bill was received from the Senate on November 13, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 19, see House Journal No. 85, p. 2660; considered and postponed temporarily on December 9, see House Journal No. 91, p. 2923.)

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

The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1035 Yeas—59

Accavitti Corriveau Hammon Polidori

Angerer Coulouris Hansen Scott

Bauer Cushingberry Hood Shaffer

Bennett Dean Hopgood Sheltrown

Bieda Dillon Jackson Simpson

Booher Donigan Jones, Robert Smith, Alma

Brown Ebli Lahti Spade

Byrnes Espinoza Law, Kathleen Tobocman

Byrum Farrah Leland Vagnozzi

Caswell Gaffney Lemmons Valentine

Caul Garfield Lindberg Warren

Clack Gillard Mayes Wenke

Clemente Gonzales McDowell Wojno

Condino Griffin Meadows Young

Constan Hammel Melton

Nays—46

Acciavatti Horn Moolenaar Proos

Agema Huizenga Moore Robertson

Amos Hune Moss Rocca

Brandenburg Jones, Rick Nitz Sak

Calley Knollenberg Nofs Schuitmaker

Casperson LaJoy Opsommer Sheen

DeRoche Law, David Palmer Stahl

Elsenheimer LeBlanc Palsrok Stakoe

Emmons Marleau Pastor Steil

Green Meekhof Pavlov Walker

Hildenbrand Meltzer Pearce Ward

Hoogendyk Miller

In The Chair: Sak

The House agreed to the title as amended.

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

The Speaker laid before the House

Senate Bill No. 1398, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2007 PA 69.

(The bill was received from the Senate on November 13, with an amendment to the House substitute (H-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 19, see House Journal No. 85, p. 2660; considered and postponed temporarily on December 2, see House Journal No. 88, p. 2696.)

The question being on concurring in the amendment to the House substitute (H-1) 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. 1036 Yeas—57

Acciavatti Cushingberry Hood Melton

Angerer Dean Jackson Polidori

Bauer Dillon Johnson Proos

Bennett Donigan Jones, Rick Scott

Bieda Ebli Jones, Robert Shaffer

Booher Espinoza Lahti Sheltrown

Brown Farrah Law, Kathleen Simpson

Byrnes Gaffney LeBlanc Smith, Alma

Byrum Gillard Leland Spade

Clack Gonzales Lemmons Tobocman

Clemente Griffin Lindberg Valentine

Condino Hammel Mayes Warren

Constan Hammon McDowell Wenke

Corriveau Hansen Meadows Wojno

Coulouris

Nays—49

Accavitti Hildenbrand Miller Robertson

Agema Hoogendyk Moolenaar Rocca

Amos Hopgood Moore Sak

Brandenburg Horn Moss Schuitmaker

Calley Huizenga Nitz Sheen

Casperson Hune Nofs Stahl

Caswell Knollenberg Opsommer Stakoe

Caul LaJoy Palmer Steil

DeRoche Law, David Palsrok Vagnozzi

Elsenheimer Marleau Pastor Walker

Emmons Meekhof Pavlov Ward

Garfield Meltzer Pearce Young

Green

In The Chair: Sak

Second Reading of Bills

House Bill No. 6420, entitled

A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 8 (MCL 125.2788), as amended by 2006 PA 667.

The bill was read a second time.

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6420, entitled

A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 8 (MCL 125.2788), as amended by 2006 PA 667.

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

Roll Call No. 1037 Yeas—106

Accavitti Donigan Lahti Pearce

Acciavatti Ebli LaJoy Polidori

Agema Elsenheimer Law, David Proos

Amos Emmons Law, Kathleen Robertson

Angerer Espinoza 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 Melton Spade

Calley Hansen Meltzer Stahl

Casperson Hildenbrand Miller Stakoe

Caswell Hood Moolenaar Steil

Caul Hoogendyk Moore Tobocman

Clack Hopgood Moss Vagnozzi

Clemente Horn Nitz Valentine

Condino Huizenga Nofs Walker

Constan Hune Opsommer Ward

Corriveau Jackson Palmer Warren

Coulouris Johnson Palsrok Wenke

Dean Jones, Rick Pastor Wojno

DeRoche Jones, Robert Pavlov Young

Dillon Knollenberg

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 6463, entitled

A bill to regulate the use of ropes, chains, wires, or similar devices in blocking access to land; and to provide for penalties.

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Pastor moved that Rep. Caswell be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6463, entitled

A bill to regulate the use of ropes, chains, wires, or similar devices in blocking access to land; and to provide for penalties.

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

Roll Call No. 1038 Yeas—80

Accavitti Dean Jones, Rick Proos

Angerer Dillon Jones, Robert Rocca

Ball Donigan Lahti Sak

Bauer Ebli LaJoy Scott

Bennett Espinoza Law, Kathleen Shaffer

Bieda Farrah LeBlanc Sheltrown

Booher Gaffney Leland Simpson

Brandenburg Gillard Lemmons Smith, Alma

Brown Gonzales Lindberg Spade

Byrnes Griffin Marleau Stahl

Byrum Hammel Mayes Stakoe

Casperson Hammon McDowell Tobocman

Caul Hansen Meadows Vagnozzi

Clack Hildenbrand Melton Valentine

Clemente Hood Miller Walker

Condino Hopgood Moolenaar Ward

Constan Horn Moore Warren

Corriveau Hune Nofs Wenke

Coulouris Jackson Palsrok Wojno

Cushingberry Johnson Polidori Young

Nays—26

Acciavatti Garfield Meltzer Pavlov

Agema Green Moss Pearce

Amos Hoogendyk Nitz Robertson

Calley Huizenga Opsommer Schuitmaker

DeRoche Knollenberg Palmer Sheen

Elsenheimer Law, David Pastor Steil

Emmons Meekhof

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. 4179, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 541 (MCL 436.1541), as amended by 2006 PA 253.

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Hildenbrand moved that Rep. DeRoche be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4179, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 541 (MCL 436.1541), as amended by 2006 PA 253.

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

Roll Call No. 1039 Yeas—106

Accavitti Donigan Lahti Pearce

Acciavatti Ebli LaJoy Polidori

Agema Elsenheimer Law, David Proos

Amos Emmons Law, Kathleen Robertson

Angerer Espinoza 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 Melton Spade

Calley Hansen Meltzer Stahl

Casperson Hildenbrand Miller Stakoe

Caswell Hood Moolenaar Steil

Caul Hoogendyk Moore Tobocman

Clack Hopgood Moss Vagnozzi

Clemente Horn Nitz Valentine

Condino Huizenga Nofs Walker

Constan Hune Opsommer Ward

Corriveau Jackson Palmer Warren

Coulouris Johnson Palsrok Wenke

Cushingberry Jones, Rick Pastor Wojno

Dean Jones, Robert Pavlov Young

Dillon Knollenberg

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 927, entitled

A bill to amend 1846 RS 65, entitled “Of alienation by deed, and the proof and recording of conveyances, and the canceling of mortgages,” by amending sections 24 and 25 (MCL 565.24 and 565.25), section 25 as amended by 1996 PA 526, and by adding section 24a.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 927, entitled

A bill to amend 1846 RS 65, entitled “Of alienation by deed, and the proof and recording of conveyances, and the canceling of mortgages,” by amending sections 24 and 25 (MCL 565.24 and 565.25), section 25 as amended by 1996 PA 526, and by adding section 24a.

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

Roll Call No. 1040 Yeas—107

Accavitti Dillon Knollenberg Pearce

Acciavatti Donigan Lahti Polidori

Agema Ebli LaJoy Proos

Amos Elsenheimer Law, David Robertson

Angerer Emmons Law, Kathleen Rocca

Ball Espinoza LeBlanc Sak

Bauer Farrah Leland Schuitmaker

Bennett Gaffney Lemmons Scott

Bieda Garfield Lindberg Shaffer

Booher Gillard Marleau Sheen

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Spade

Calley Hammon Melton Stahl

Casperson Hansen Meltzer Stakoe

Caswell Hildenbrand Miller Steil

Caul Hood Moolenaar Tobocman

Clack Hoogendyk Moore Vagnozzi

Clemente Hopgood Moss Valentine

Condino Horn Nitz Walker

Constan Huizenga Nofs Ward

Corriveau Hune Opsommer Warren

Coulouris Jackson Palmer Wenke

Cushingberry Johnson Palsrok Wojno

Dean Jones, Rick Pastor Young

DeRoche Jones, Robert Pavlov

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 1160, entitled

A bill to amend 1846 RS 65, entitled “Of alienation by deed, and the proof and recording of conveyances, and the canceling of mortgages,” by amending sections 27, 28, and 43 (MCL 565.27, 565.28, and 565.43), sections 28 and 43 as amended by 1992 PA 212; and to repeal acts and parts of acts.

The bill was read a second time.

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1160, entitled

A bill to amend 1846 RS 65, entitled “Of alienation by deed, and the proof and recording of conveyances, and the canceling of mortgages,” by amending sections 27, 28, and 43 (MCL 565.27, 565.28, and 565.43), sections 28 and 43 as amended by 1992 PA 212; 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. 1041 Yeas—105

Accavitti Donigan Lahti Pearce

Acciavatti Ebli LaJoy Polidori

Agema Elsenheimer Law, David Proos

Amos Emmons Law, Kathleen Robertson

Angerer Espinoza LeBlanc Rocca

Ball Farrah Leland Sak

Bauer Gaffney Lemmons Schuitmaker

Bennett Garfield Lindberg Scott

Bieda Gonzales Marleau Shaffer

Booher Green Mayes Sheen

Brandenburg Griffin McDowell Sheltrown

Brown Hammel Meadows Simpson

Byrnes Hammon Meekhof Smith, Alma

Byrum Hansen Melton Spade

Calley Hildenbrand Meltzer Stahl

Casperson Hood Miller Stakoe

Caswell Hoogendyk Moolenaar Steil

Caul 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

Cushingberry Jones, Robert Pastor Wojno

Dean Knollenberg Pavlov Young

DeRoche

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 973, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2007 PA 216.

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

Rep. Tobocman 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.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 973, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2007 PA 216.

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

Roll Call No. 1042 Yeas—105

Accavitti Donigan Lahti Pearce

Acciavatti Ebli LaJoy Polidori

Agema Elsenheimer Law, David Proos

Amos Emmons Law, Kathleen Robertson

Angerer Espinoza 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 Melton Spade

Calley Hansen Meltzer Stahl

Casperson Hildenbrand Miller Stakoe

Caswell Hood Moolenaar Steil

Caul Hoogendyk Moore Tobocman

Clack Hopgood Moss Vagnozzi

Clemente Horn Nitz Valentine

Condino Huizenga Nofs Walker

Constan Hune Opsommer Ward

Corriveau Jackson Palmer Warren

Coulouris Jones, Rick Palsrok Wenke

Cushingberry Jones, Robert Pastor Wojno

Dean Knollenberg Pavlov Young

DeRoche

Nays—0

In The Chair: Sak

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”

The House agreed to the full title.

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

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

Comments and Recommendations

Rep. Pastor:

“Thank you Mr. Speaker Pro Tem, and may I say what a great tie you have on today. It looks like the city of Grand Rapids still has great garage sales.

My colleagues, I regret that my time here has come to an end. It has been my distinct honor to work with all of you, and I salute you for your service to Michigan. My reputation in these chambers has been as a lightning rod, and I embrace that — because there will always be storm clouds hanging over session, and it has been my privilege to properly electrify you.

In my six years here, I’ve experienced many highs and lows. Two things easily stand out in my mind as positive experiences. The first is traveling from the great Upper Peninsula of Michigan to Drummond Island, to Grand Rapids, and to Livonia, completing a circuit of Michigan and working on behalf of our citizens and my fellow public servants. I have a great love for our State, and I believe that wherever you can find a Michigan resident, you can find passion, values, and the welcoming feeling of Home. Even in these chambers, among men and women of greatly differing backgrounds and opinions, you can find fellowship. Michigan is our home, and we are all a family. This is the one overwhelmingly good feeling that I hope all of us share. Government is a service industry and always will be, and from every committee meeting to every Boy Scout meeting, I am reminded just who wanted me to be here and to whom I owe my job. I’ve loved and respected every minute of representing District 19.

My other high point is closely related, and that is being able to be a positive force for two of my constituents, Mark and Susan Sweetman, in their adoption efforts. Here are two dedicated and passionate foster parents who worked tirelessly to adopt as their own a whole family of children, only to be met with procedural and bureaucratic delays, most recently in the adoption of one of the youngest children, Brandon. Throughout my three terms, the Sweetmans and I have tried to tie in all the loose ends to make sure this family stays together. Our efforts, at times, left us frustrated by the system and made it clear that we need to do more with adoption procedures to make it easier for qualified parents to adopt a child in need.

The flip side to these high points are the lows I’ve seen in Michigan’s government. It is not perfect. It does not always serve the people as it was meant to. I have been saddened and stressed by the tax increases I’ve watched this chamber pass. I have been frustrated by bureaucracies that are more concerned with obsessive regulation than progressive calculation. We could’ve done better for Michigan than the surcharge, and we need to get rid of it.

These lows have enabled me to become more in touch with my constituents, their families, and their businesses. I’ve fought against the misguided mindsets of departments like the DEQ, departments which do not understand that proper preservation comes as a product of proper protection, which do not understand that their purpose is not only as a watchdog, but as a negotiator to our residents and companies. There is a growing sentiment among our constituents that we are no longer putting their interests first, and they are losing faith in their ability to reach us. This is never how it was meant to be. No resident should feel that they are wasting their time when they call our offices. I can not emphasize enough that we must focus on this service, that we must evaluate and re-evaluate what that service means every day we put on our suits, check our facts, and make our decisions. With these values in mind, there has been one person within the DEQ who has stood out as an exemplary servant to the State of Michigan, Will Cwikiel. I can’t thank him enough for asking good questions, giving straight answers, and always respecting the need to mediate.

The loss of my brother, Keith, was a low that I pray few can relate to. His death reminds me that those in power have a duty to watch over the lives of our residents and provide for their happiness. The State needs to do more with mental health. As I’ve already said, all of Michigan is a family, and we have to care for our own. That is our job not just as legislators, but as citizens, neighbors, and friends. The support and friendship of my colleagues through and after this hard time meant more to me than they will ever realize. I want to thank Alma Wheeler Smith, on my left, and Fran Amos on my right, for keeping me centrally grounded with their daily hugs. I want to thank our leader, Craig DeRoche, for always having my back through thick and thin (though mostly thick). I’d also like to thank the other members of our yearly snowmobile crew: Reps. Casperson, Huizenga, Pearce, and Hansen. For those of you who are not aware, this yearly trip was designed first as a fundraiser towards the care and education of my brothers’ children. I can’t thank these men enough for putting their compassion into action.

There are other members of this chamber who have meant a great deal to me.

Rep. Gino Polidori:

Barb Farrah:

Lisa Wojno:

Virgil Smith:

Brian Palmer:

Marty Knollenberg:

David Law:

Phil LaJoy:

Dan Acciavatti:

Ken Horn, the Rookie of the Year

To these honorable members, and to all others who went beyond the duties of their job to offer me their friendship, I return with the promise of a lifetime guarantee. Whether you like it or not, you’ve got John Pastor for all eternity. To those Representatives who are feeling thankful right now that they will no longer have to hear me yell ‘VOTE’ — and I’m thinking of Wenke, Schaffer, Meltzer, Sheen and Palmer among others — please know that I have memorized your floor phone numbers and will be keeping a close eye on the board from home. Don’t ever forget that at some point, you signed onto this.

While we’re on the subject of concluding business, I’d like to remind those members who borrowed or watched my DVDs during last year’s budget crisis that your invoices are forthcoming. Standard rental charges plus a year’s worth of late fees will be compounded for your final totals. Should you fail to comply, I have a debt collector in Jack Brandenburg, who I’ll be encouraging to subscribe an ‘arm and a leg’ philosophy.

Speaking of Jack, how could I forget, Skippy, Chippy, Frank Toro from Boothe Communications, or the stealing of my keys in retribution for me pulling out his little hanky. To the best dressed, and always on the cutting edge of fashion, to the REAL Hillbilly, thank you for being my seatmate. There is one thing that even you have forgotten that every Hillbilly needs — I have been waiting for the right time to tell you, that you need this more than any other hillbilly, and that time is now, now more than ever, than any time ever before. (Produce the Bottle of Scope). On behalf of the 94th Legislature, please consider this for your daily use.

(Pause for Laughter)

In all sincerity though, it has been my honor to be your seatmate.

Along with you, Jack, I of course have to thank the Men in Red Coats, the Sergeants. Whenever there was a member scuffle, I knew their instincts would lead them towards the chamber’s hotspot — seats 33 and 34 — hoping to defend, or contain, the dynamic duo of Reps. Pastor and Brandenburg. Not to be forgotten, I would like to thank Valerie Knol, Steve Heikkinen, Heather Lombardini, Erika Della Santina, Erika Perlman, and all former staff, as well as my driving buddy, Ruth Ann Jisarek, for putting up with my sense of humor. I hope to stay close friends with all of you. I would like to thank above all my brothers, my father, my mother, and all my family, my darling wife Linda, my son Ryan, my daughter Rachel — Your love and support has meant the world to me, and enabled me to perform my duties as Representative.

I’m going to leave you all with a final reminder to serve Michigan well, and a final thanks to all those here trying to make a difference for our state. Don’t ever forget what we came here to do. For those traveling along 96, please know that when this lightning rod strikes for home, he’ll be keeping it under 100.

God Bless the born and unborn.

God Bless the members of this Chamber.

God Bless all the residents of Michigan.

God Bless America!

(And thank you all.)”

Rep. Stakoe:

Six years - it has gone by all too fast. Like a microcosm of our lives; you blink and it’s over. We all arrived with vision, expectations and thoughts of change. Many will leave feeling their jobs are uncompleted, that little has been accomplished.

In the 18th century, Poet Robert Burns turned over a mouse nest while plowing a field. The resulting poem about the incident included the line; ‘The best laid plans of mice and men oft go awry’ John Steinbeck later used the line as the title of his tragic novel of Mice and Men a story of the futility many face trying to change their lives.

I prefer to look at the countless achievements and small successes that I and everyone in this chamber have had the honor to serve and obtained.

There is nothing small about helping those in your district who don’t have anywhere to turn when they are stymied or in trouble.

There is nothing small about sharing stories about your job with the 180,000 children who are captivated by this institution.

There is nothing small about the work done on behalf of the 10 million people of this state who put their faith in your hands.

There is nothing small about being entrusted with the opportunity to serve at a level of government most of us never dreamed.

When you look around you see: nurses, police officers, lawyers, teachers, and small business owners - all walks of life. Most of us never anticipated being elected to one of the highest offices in state government, but here we sit.

No I didn’t eliminate the deficit.

No I didn’t increase mass transit,

Didn’t repave the road system.

Or come up with a revolutionary education system.

But I did make lives easier for public Safety workers, for nurses and health officials, lake owners and local units of government. Helped find stray unemployment checks, worked out issues with state agencies and even kept my barbershop from being shut down. Not earth shattering in the scheme of things, but just as important to those affected.

It has been a pleasure to serve with everyone in here. Partisan philosophy has not come between friendship and partisan philosophy has not prevented many good things from happening.

I can even look back on the September 2007 sleep over with some humor. Although I saw things that month I would prefer to forget. Especially the half page picture of me sleeping on the floor in the Detroit News.

Coming in with sixty-three and leaving with forty-three, at least there is no worrying about a place to sit in caucus.

Leadership elections and serving under three speakers in six years. None of who have learned to take my advice.

I thank my wife and children who tirelessly worked polls, fundraisers, and door knocking. Without their support this wouldn’t be possible.

In his first Inaugural Address Washington spoke to Congress: ‘I trust you will not fail to use your best endeavors to improve the education and manners of a people; to accelerate the progress of art & sciences; to patronize and cherish institutions favorable to humanity. Such are among the best of all human employments. Such exertion of your talents will render your situations truly dignified and cannot fail of being acceptable in the sight of the divinity.’

I would like to finish with a short verse:

Our terms are coming to end we all know.

Six years seemed enough when we started though.

I arrived full of spirit and a little cheer.

Trepidation, excitement, seemingly little to fear.

I sought to make changes large and small.

Sometimes stymied and overwhelmed by all.

I moved legislation a plethora of laws.

How reprehensible so many found flaws.

Thank God for staff and what they endure.

Providing aid and helping to keep everything sure.

All my thanks for what they tolerate

Always listening they never berate.

Rules are enforced not out of fear,

We are fortunate to have the sergeants near.

They make sure no sound but those who speak

And unlike the nuns never pulled on my beak.

So many memories enjoyed by all

The voices of children out in the hall.

Receptions and dinners aplenty.

Many pounds gained for some more than twenty.

We shared many ups and downs

Many friends on both sides I’ve found

Leaving you all makes me a little blue,

All I can do is bid you, adieu!”

______

Rep. Hansen moved that Reps. Caswell and Caul be excused temporarily from today’s session.

The motion prevailed.

Rep. Tobocman moved that Reps. Bennett, Clack and Farrah be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

Senate Bill No. 1342, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” (MCL 389.1 to 389.195) by amending the title, as amended by 1998 PA 153, and by adding chapter 13 to part 2.

(The bill was received from the Senate on December 4, with substitute (S-1) to the House substitute (H-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 9, see House Journal No. 90, p. 2911.)

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

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

1. Amend page 15, line 9, by striking out “$60,000,000.00” and inserting “$50,000,000.00”.

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) to the House substitute (H-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. 1043 Yeas—104

Accavitti Ebli LaJoy Polidori

Acciavatti Elsenheimer Law, David Proos

Agema Emmons Law, Kathleen Robertson

Amos Espinoza LeBlanc Rocca

Angerer Gaffney Leland Sak

Ball Garfield Lemmons Schuitmaker

Bauer Gillard Lindberg Scott

Bieda Gonzales Marleau Shaffer

Booher Green Mayes Sheen

Brandenburg Griffin McDowell Sheltrown

Brown Hammel Meadows Simpson

Byrnes Hammon Meekhof Smith, Alma

Byrum Hansen Melton Smith, Virgil

Calley Hildenbrand Meltzer Spade

Casperson Hood Miller Stahl

Caswell Hoogendyk Moolenaar Stakoe

Clemente Hopgood Moore Steil

Condino Horn Moss Tobocman

Constan Huizenga Nitz Vagnozzi

Corriveau Hune Nofs Valentine

Coulouris Jackson Opsommer Walker

Cushingberry Johnson Palmer Ward

Dean Jones, Rick Palsrok Warren

DeRoche Jones, Robert Pastor Wenke

Dillon Knollenberg Pavlov Wojno

Donigan Lahti Pearce Young

Nays—0

In The Chair: Sak

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 5192, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 2b, 3, 3a, and 10 (MCL 205.92b, 205.93, 205.93a, and 205.100), section 2b as amended by 2006 PA 428 and sections 3, 3a, and 10 as amended by 2004 PA 172.

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Melton, Meltzer, Sheen, Pastor and Calley

Nays: None

Second Reading of Bills

House Bill No. 5192, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 2b, 3, 3a, and 10 (MCL 205.92b, 205.93, 205.93a, and 205.100), section 2b as amended by 2006 PA 428 and sections 3, 3a, and 10 as amended by 2004 PA 172.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Tax Policy,

The substitute (H-4) 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.

______

Rep. Hansen moved that Reps. Sheen and Steil be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5192, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 2b, 3, 3a, and 10 (MCL 205.92b, 205.93, 205.93a, and 205.100), section 2b as amended by 2006 PA 428 and sections 3, 3a, and 10 as amended by 2004 PA 172.

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

Roll Call No. 1044 Yeas—104

Accavitti Donigan Knollenberg Pavlov

Acciavatti Ebli Lahti Pearce

Agema Elsenheimer LaJoy Polidori

Amos Emmons Law, David Proos

Angerer Espinoza Law, Kathleen Robertson

Ball Farrah LeBlanc Rocca

Bauer Gaffney Leland Sak

Bieda Garfield Lemmons Schuitmaker

Booher Gillard Lindberg Scott

Brandenburg Gonzales Marleau Shaffer

Brown Green Mayes Sheltrown

Byrnes Griffin McDowell Simpson

Byrum Hammel Meadows Smith, Alma

Calley Hammon Meekhof Smith, Virgil

Casperson Hansen Melton Spade

Caswell Hildenbrand Meltzer Stahl

Caul Hood Miller Stakoe

Clemente Hoogendyk Moolenaar Tobocman

Condino Hopgood Moore Vagnozzi

Constan Horn Moss Valentine

Corriveau Huizenga Nitz Walker

Coulouris Hune Nofs Ward

Cushingberry Jackson Opsommer Warren

Dean Johnson Palmer Wenke

DeRoche Jones, Rick Palsrok Wojno

Dillon 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 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 3f; and to repeal acts and parts of acts.

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

Senate Bill No. 897, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11514 (MCL 324.11514), as amended by 2007 PA 212, and by adding part 173.

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. Warren moved to amend the bill as follows:

1. Amend page 5, line 12, after “FOR” by inserting “TRANSPORTATION OR”.

The motion prevailed and the amendment 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.

______

Rep. Hansen moved that Reps. Shaffer and Stahl be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 897, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11514 (MCL 324.11514), as amended by 2007 PA 212, and by adding part 173.

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

Roll Call No. 1045 Yeas—91

Accavitti Dillon Jones, Robert Palsrok

Angerer Donigan Knollenberg Pavlov

Ball Ebli Lahti Pearce

Bauer Elsenheimer LaJoy Polidori

Bennett Emmons Law, Kathleen Proos

Bieda Espinoza LeBlanc Rocca

Booher Farrah Leland Sak

Brandenburg Gaffney Lemmons Schuitmaker

Brown Garfield Lindberg Scott

Byrnes Gillard Marleau Sheltrown

Byrum Gonzales Mayes Simpson

Calley Green McDowell Smith, Alma

Casperson Griffin Meadows Spade

Caswell Hammel Meekhof Tobocman

Caul Hammon Melton Vagnozzi

Clemente Hansen Meltzer Valentine

Condino Hildenbrand Miller Walker

Constan Hood Moolenaar Ward

Corriveau Hopgood Moore Warren

Coulouris Horn Moss Wenke

Cushingberry Jackson Nitz Wojno

Dean Johnson Nofs Young

DeRoche Jones, Rick Opsommer

Nays—13

Acciavatti Huizenga Palmer Sheen

Agema Hune Pastor Smith, Virgil

Amos Law, David Robertson Stakoe

Hoogendyk

In The Chair: Sak

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 898, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 17317, 17319, 17323, 17327, and 17329.

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

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

Rep. Walker moved to amend the bill as follows:

1. Amend page 4, line 1, after “17331.” by inserting “(1)”.

2. Amend page 4, line 2, after “OR” by inserting a comma and “SUBJECT TO SUBSECTION (2),”.

3. Amend page 4, following line 5, by inserting:

“(2) THE EXEMPTION FROM LIABILITY FOR THE USE OF DATA OR OTHER INFORMATION UNDER SUBSECTION (1) APPLIES TO A RECYCLER ONLY IF THE RECYCLER COMPLIES WITH SECTION 17319(A).”.

The motion prevailed and the amendments were 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. 898, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 17317, 17319, 17323, 17327, and 17329.

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

Roll Call No. 1046 Yeas—92

Accavitti Dillon Knollenberg Pearce

Acciavatti Donigan Lahti Polidori

Angerer Ebli LaJoy Proos

Ball Elsenheimer Law, David Rocca

Bauer Emmons Law, Kathleen Sak

Bennett Espinoza LeBlanc Schuitmaker

Bieda Farrah Leland Scott

Booher Gaffney Lemmons Sheltrown

Brandenburg Garfield Lindberg Simpson

Brown Gillard Marleau Smith, Alma

Byrnes Gonzales Mayes Smith, Virgil

Byrum Griffin McDowell Spade

Calley Hammel Meadows Stahl

Casperson Hammon Meekhof Stakoe

Caul Hansen Melton Tobocman

Clemente Hildenbrand Meltzer Vagnozzi

Condino Hood Miller Valentine

Constan Hopgood Moolenaar Walker

Corriveau Horn Moore Ward

Coulouris Jackson Moss Warren

Cushingberry Johnson Nitz Wenke

Dean Jones, Rick Palsrok Wojno

DeRoche Jones, Robert Pavlov Young

Nays—13

Agema Hoogendyk Nofs Pastor

Amos Huizenga Opsommer Robertson

Caswell Hune Palmer Sheen

Green

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 “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (MCL 324.101 to 324.90106) by adding sections 17317, 17319, 17323, and 17331.

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

Senate Bill No. 1403, entitled

A bill to authorize the department of management and budget to convey certain state owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget in implementing the conveyance; to provide for disposition of revenue derived from the conveyance; and to repeal acts and parts of acts.

The bill was read a second time.

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1403, entitled

A bill to authorize the department of management and budget to convey certain state owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget in implementing the conveyance; to provide for disposition of revenue derived from the conveyance; 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. 1047 Yeas—104

Accavitti Donigan Knollenberg Pavlov

Acciavatti Ebli Lahti Pearce

Agema Elsenheimer LaJoy Polidori

Amos Emmons Law, David Proos

Angerer Espinoza Law, Kathleen Robertson

Ball Farrah LeBlanc Rocca

Bauer Gaffney Leland Sak

Bennett Garfield Lemmons Schuitmaker

Bieda Gillard Lindberg Scott

Booher Gonzales Marleau Sheen

Brandenburg Green Mayes Sheltrown

Brown Griffin McDowell Simpson

Byrnes Hammel Meadows Smith, Alma

Byrum Hammon Meekhof Smith, Virgil

Calley Hansen Melton Spade

Casperson Hildenbrand Meltzer Stahl

Caswell Hood Miller Stakoe

Caul Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Jackson Opsommer Warren

Dean Johnson Palmer Wenke

DeRoche Jones, Rick Palsrok Wojno

Dillon Jones, Robert Pastor Young

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 1443, entitled

A bill to authorize the state administrative board to convey certain parcels of state owned property in various counties; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments in regard to the property; and to provide for disposition of revenue derived from the conveyances.

The bill was read a second time.

Rep. Angerer 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