2006-HJ-03-14-026

No. 26

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2006

House Chamber, Lansing, Tuesday, March 14, 2006.

1:00 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 Elsenheimer--present Law, Kathleen--present Robertson--present

Acciavatti--present Emmons--present Leland--present Rocca--present

Adamini--present Espinoza--present Lemmons, III--e/d/s Sak--present

Amos--present Farhat--present Lemmons, Jr.--present Schuitmaker--present

Anderson--present Farrah--present Lipsey--present Shaffer--present

Angerer--present Gaffney--present Marleau--present Sheen--present

Ball--present Garfield--present Mayes--present Sheltrown--present

Baxter--present Gillard--present McConico--present Smith, Alma--present

Bennett--present Gleason--present McDowell--present Smith, Virgil--present

Bieda--present Gonzales--present Meisner--present Spade--present

Booher--present Gosselin--present Meyer--present Stahl--present

Brandenburg--present Green--present Miller--present Stakoe--present

Brown--present Hansen--present Moolenaar--present Steil--present

Byrnes--present Hildenbrand--present Moore--present Stewart--present

Byrum--present Hood--present Mortimer--present Taub--present

Casperson--present Hoogendyk--present Murphy--present Tobocman--present

Caswell--present Hopgood--present Newell--present Vagnozzi--present

Caul--present Huizenga--present Nitz--present Van Regenmorter--present

Cheeks--present Hummel--present Nofs--present Vander Veen--present

Clack--present Hune--present Palmer--present Walker--present

Clemente--present Hunter--excused Palsrok--present Ward--present

Condino--present Jones--present Pastor--present Waters--present

Cushingberry--present Kahn--present Pavlov--present Wenke--present

DeRoche--present Kolb--present Pearce--present Whitmer--present

Dillon--present Kooiman--present Plakas--present Williams--present

Donigan--present LaJoy--present Polidori--present Wojno--present

Drolet--present Law, David--present Proos--present Zelenko--present

e/d/s = entered during session

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

"Our Heavenly Father, thank You for bringing us together today to celebrate the blessings You have bestowed upon our great country and the state of Michigan.

We ask that in our conversations and exchanges with our fellow leaders that we recall Your highest commandment: to love one another as You have loved each of us.

Lord God, we pray today for those in our nation's military, defending our homeland and the freedom we so often take for granted. We pray for the families, that they will be comforted in this time of separation, and that those families are soon reunited.

Lord we lift up to You those in this great country who are struggling today with the devastation brought about by natural disasters. We pray for the families of those who lost their homes and loved-ones in the tornados that ripped through the Missouri Valley this week. We lift up to You the families that are still struggling to rebuild their lives after the devastating Hurricanes this past year. Let us also remember, Lord, the residents of this great state who are enduring hardships.

We have gathered today to discuss solutions to the problems that trouble our great nations, Father. Poverty, crime, sickness, despair- We don't underestimate the challenges these problems present, and we ask for Your guidance and inspiration as we seek solutions driven by hope and compassion.

As we strive to do what is right for the people of Michigan, give us the courage to work with each other to do Your will.

Most of all, Lord, thank You for the gift of freedom. We acknowledge that it is Your will for Your people to be free, and we accept both the responsibility and privilege that freedom provides. Make all of us gathering in this chamber today worthy guardians of that freedom, and stewards of Your people's sacred trust.

In Jesus' Name, AMEN."

______

Rep. Sak moved that Rep. Hunter be excused from today's session.

The motion prevailed.

Reports of Standing Committees

The Committee on Health Policy, by Rep. Gaffney, Chair, reported

House Bill No. 5492, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7457 (MCL 333.7457), as added by 1988 PA 139.

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. Gaffney, Newell, Robertson, Vander Veen, Hune, Nofs, Ball, Kahn, Mortimer, Adamini, Wojno, McDowell and Angerer

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 14, 2006

Present: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Nofs, Ball, Kahn, Mortimer, Adamini, Wojno, McDowell and Angerer

Absent: Reps. Ward, Green, Murphy and Gleason

Excused: Reps. Ward, Green, Murphy and Gleason

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

House Bill No. 5536, entitled

A bill to amend 1987 PA 248, entitled "Airport parking tax act," by amending section 3 (MCL 207.373), as amended by 2002 PA 680.

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. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Moore, Pavlov and Pearce

Nays: Reps. Wenke, Anderson, Byrnes, Murphy, Kathleen Law, Gleason, Leland and Condino

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

House Bill No. 5682, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," by amending section 98 (MCL 250.1098), as added by 2005 PA 258.

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. LaJoy, Gosselin, Meyer, Casperson, Nitz, Wenke, Moore, Pearce, Anderson, Byrnes, Murphy, Kathleen Law and Condino

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 14, 2006

Present: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Wenke, Moore, Pavlov, Pearce, Anderson, Byrnes, Murphy, Kathleen Law, Gleason, Leland and Condino

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 5421, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520b (MCL 750.520b), as amended by 2002 PA 714.

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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, McConico and Virgil Smith

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 5422, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending sections 34 and 42 (MCL 791.234 and 791.242), section 34 as amended by 2004 PA 218.

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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, McConico and Virgil Smith

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 5531, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 520a, 520b, and 520c (MCL 750.520a, 750.520b, and 750.520c), as amended by 2002 PA 714, and by adding section 520n.

With the recommendation that the substitute (H-3) 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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, McConico and Virgil Smith

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 5532, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending the title and sections 4 and 6 (MCL 791.204 and 791.206), the title as amended by 1996 PA 164 and section 6 as amended by 1996 PA 104, and by adding section 85.

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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, McConico and Virgil Smith

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 5533, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16y of chapter XVII (MCL 777.16y), as amended by 2000 PA 279.

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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, McConico and Virgil Smith

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 14, 2006

Present: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico and Virgil Smith

Absent: Rep. Bieda

Excused: Rep. Bieda

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Elsenheimer, Chair, of the Committee on Tort Reform, was received and read:

Meeting held on: Tuesday, March 14, 2006

Present: Reps. Elsenheimer, Kahn, Gaffney, Huizenga, Hune, Adamini and McConico

Absent: Rep. Bieda

Excused: Rep. Bieda

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members on Thursday, March 9:

Senate Bill No. 1124

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, March 10:

House Bill Nos. 5848 5849 5850 5851

Senate Bill Nos. 1123 1125 1126 1127 1128 1129 1130

The Clerk announced the enrollment printing and presentation to the Governor on Monday, March 13, for her approval of the following bills:

Enrolled House Bill No. 5744 at 10:35 a.m.

Enrolled House Bill No. 5745 at 10:37 a.m.

Messages from the Governor

Date: March 9, 2006

Time: 11:46 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5321 (Public Act No. 47, I.E.), being

An act to amend 1972 PA 284, entitled "An act to provide for the organization and regulation of corporations; to prescribe their duties, rights, powers, immunities and liabilities; to provide for the authorization of foreign corporations within this state; to prescribe the functions of the administrator of this act; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts," by amending section 143 (MCL 450.1143), as amended by 2001 PA 57.

(Filed with the Secretary of State March 9, 2006, at 1:36 p.m.)

Date: March 9, 2006

Time: 11:38 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5331 (Public Act No. 48, I.E.), being

An act to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," by amending section 1178 (MCL 380.1178), as amended by 2000 PA 9.

(Filed with the Secretary of State March 9, 2006, at 1:38 p.m.)

Date: March 9, 2006

Time: 11:52 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5245 (Public Act No. 49, I.E.), being

An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending section 1445 (MCL 600.1445).

(Filed with the Secretary of State March 9, 2006, at 1:40 p.m.)

Date: March 9, 2006

Time: 11:54 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5248 (Public Act No. 50, I.E.), being

An act to amend 1963 PA 181, entitled "An act to promote safety upon highways open to the public by regulating the operation of certain vehicles; to provide consistent regulation of these areas by state agencies and local units of government; to establish the qualifications of persons necessary for the safe operation of such vehicles; to establish certain violations of shippers offering certain materials for transportation; to limit the hours of service of persons engaged in operating such vehicles; to require the keeping of records of such operations; to provide penalties for the violation of this act; to prescribe the powers and duties of certain state agencies; and to repeal acts and parts of acts," by amending section 1a (MCL 480.11a), as amended by 2005 PA 177.

(Filed with the Secretary of State March 9, 2006, at 1:42 p.m.)

Date: March 9, 2006

Time: 11:50 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5398 (Public Act No. 51, I.E.), being

An act to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 5 (MCL 722.115), as amended by 2005 PA 133.

(Filed with the Secretary of State March 9, 2006, at 1:44 p.m.)

Date: March 9, 2006

Time: 11:56 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4893 (Public Act No. 54, I.E.), being

An act 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 section 16263 (MCL 333.16263), as amended by 2006 PA 30, and by adding section 16336 and part 179.

(Filed with the Secretary of State March 9, 2006, at 1:50 p.m.)

Date: March 9, 2006

Time: 11:58 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5624 (Public Act No. 55, I.E.), being

An act to amend 1956 PA 218, entitled "An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act," by amending section 1305 (MCL 500.1305), as amended by 1992 PA 182.

(Filed with the Secretary of State March 9, 2006, at 1:52 p.m.)

Date: March 9, 2006

Time: 12:00 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5176 (Public Act No. 57, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, 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 section 11526e.

(Filed with the Secretary of State March 13, 2006, at 11:37 a.m.)

Date: March 9, 2006

Time: 12:02 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5177 (Public Act No. 58, I.E.), being

(Filed with the Secretary of State March 13, 2006, at 11:39 a.m.)

Date: March 9, 2006

Time: 12:04 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5178 (Public Act No. 59, I.E.), being

An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 13c of chapter XVII (MCL 777.13c), as amended by 2004 PA 382.

(Filed with the Secretary of State March 13, 2006, at 11:41 a.m.)

Communications from State Officers

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

March 8, 2006

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

Financial audit of the Michigan State Fair and Exposition Center,

Department of Agriculture

October 1, 2003 through September 30, 2004

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 5421, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520b (MCL 750.520b), as amended by 2002 PA 714.

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

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

Rep. Pavlov moved to amend the bill as follows:

1. Amend page 3, line 26, after "AGE" by striking out the balance of the line through "COERCION," on line 1 of page 4.

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

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

The motion prevailed.

Rep. Ward 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. 5421, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520b (MCL 750.520b), as amended by 2002 PA 714.

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

Roll Call No. 172 Yeas--103

Accavitti Emmons Leland Rocca

Acciavatti Espinoza Lemmons, Jr. Sak

Adamini Farhat Lipsey Schuitmaker

Amos Farrah Marleau Shaffer

Anderson Gaffney Mayes Sheen

Angerer Garfield McConico Sheltrown

Ball Gillard McDowell Smith, Alma

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Gosselin Miller Stahl

Booher Green Moolenaar Stakoe

Brandenburg Hansen Moore Steil

Brown Hildenbrand Mortimer Stewart

Byrnes Hood Murphy Taub

Byrum Hoogendyk Newell Vagnozzi

Casperson Hopgood Nitz Van Regenmorter

Caswell Huizenga Nofs Vander Veen

Caul Hummel Palmer Walker

Clack Hune Palsrok Ward

Clemente Jones Pastor Waters

Condino Kahn Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Drolet Law, David Proos Zelenko

Elsenheimer Law, Kathleen Robertson

Nays--3

Cheeks Cushingberry Tobocman

In The Chair: Kooiman

The House agreed to the title of the bill.

______

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

"Mr. Speaker and members of the House:

I voted no because I'm opposed to mandatory minimums after being an early advocate in the 1970's and the reason is they don't work. Our experience shows they have little impact on crime prevention, tie the hands of Judges in extreme cases, and feed to knee jerk attitude which is a budget buster. Clearly the amount of crime in the mandatory minimum area's adopted have seen the same amount of increases in down economic times as all other crimes. Our actions here today give a false notion of some how we have helped in the efforts to protect our children and with these bills we have not.

Further, the bills are flawed and don't make sense. This knee jerk attitude to an important area of law is unfortunate, untimely, and ill advised at this time. A better approach would be to analyze our devastation of Mental Health funding, lack of true rehabilitation in any real way in our corrections system, and admit we are causing more problems for ourselves and the people of this State by grossly underfunding these efforts.

It is estimated that the cost of lifetime GPS is approximately eight million dollars. Where are we going to get the funds to pay for this extra cost when we learn these defendants are non-collectable?

The explanation that we must move this package right now so we can maximize the press coverage nationally leads to poorly drafted law and is not in the best interest of the State.

This bill, 5422, 5531, 5532, and 5533 are premature and there is no need to make these draconian changes at this time."

______

Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.

The motion prevailed.

Rep. Sak moved that Rep. McConico be excused temporarily from today's session.

The motion prevailed.

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

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

Rep. Sak demanded the yeas and nays.

The demand was supported.

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

The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 173 Yeas--100

Accavitti Emmons Law, Kathleen Robertson

Acciavatti Espinoza Leland Rocca

Adamini Farhat Lemmons, Jr. Sak

Amos Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McDowell Sheltrown

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Gosselin Miller Stahl

Booher Green Moolenaar Stakoe

Brandenburg Hansen Moore Steil

Brown Hildenbrand Mortimer Stewart

Byrnes Hood Murphy Taub

Byrum Hoogendyk Newell Vagnozzi

Casperson Hopgood Nitz Van Regenmorter

Caswell Huizenga Nofs Vander Veen

Caul Hummel Palmer Walker

Clack Hune Palsrok Ward

Clemente Jones Pastor Waters

Condino Kahn Pavlov Wenke

Dillon Kolb Pearce Whitmer

Donigan Kooiman Plakas Williams

Drolet LaJoy Polidori Wojno

Elsenheimer Law, David Proos Zelenko

Nays--4

Cheeks Cushingberry Smith, Alma Tobocman

In The Chair: Kooiman

Reps. Plakas, Anderson, Stewart, Drolet, Zelenko, Kooiman, Meyer, Hummel, Newell, Vander Veen, Williams, Adamini, Brown, Farrah, LaJoy, Brandenburg, Bieda, Wojno, Acciavatti, Clack, Condino, Taub, Accavitti, Amos, Stakoe, Garfield, Hune, Gleason, Robertson, Hoogendyk, Nofs, Wenke, Ward, Byrum, Sak, Nitz, Huizenga, Farhat, Moolenaar, Palsrok, Gillard, Casperson, Dillon, Angerer, Ball, Booher, Byrnes, Caul, Clemente, Elsenheimer, Espinoza, Gonzales, Gosselin, Green, Hansen, Hildenbrand, Kahn, David Law, Leland, Lemmons, Jr., Marleau, Mayes, McDowell, Moore, Mortimer, Palmer, Pearce, Polidori, Proos, Rocca, Schuitmaker, Sheltrown and Spade were named co-sponsors of the bill.

______

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

"Mr. Speaker and members of the House:

I voted no because this is more of the old eye for an eye, tooth for a tooth thinking which a revolutionary prophet mentioned long ago was not the way to salvation or success. It simply leads to us having a great deal of blindness and few if any teeth.

Where are the true believers? We need to do more to educate, provide greater mental health treatment, and health care so that the despair orientation and chronic mental illness can be alleviated. If the State is dedicated to true family values then we should accept that we need to reach out to those imprisoned, impoverished, invalidated, inhospitable, and insane in a compassionate, loving manner."

Second Reading of Bills

House Bill No. 5422, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending sections 34 and 42 (MCL 791.234 and 791.242), section 34 as amended by 2004 PA 218.

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

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

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

The motion prevailed.

Rep. Ward 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. 5422, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending sections 34 and 42 (MCL 791.234 and 791.242), section 34 as amended by 2004 PA 218.

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

Roll Call No. 174 Yeas--102

Accavitti Espinoza Lemmons, Jr. Rocca

Acciavatti Farhat Lipsey Sak

Adamini Farrah Marleau Schuitmaker

Amos Gaffney Mayes Shaffer

Anderson Garfield McConico Sheen

Angerer Gillard McDowell Sheltrown

Ball Gleason Meisner Smith, Alma

Baxter Gonzales Meyer Smith, Virgil

Bennett Gosselin Miller Spade

Bieda Green Moolenaar Stahl

Booher Hansen Moore Stakoe

Brandenburg Hildenbrand Mortimer Steil

Brown Hood Murphy Stewart

Byrnes Hoogendyk Newell Taub

Byrum Hopgood Nitz Vagnozzi

Casperson Huizenga Nofs Van Regenmorter

Caswell Hummel Palmer Vander Veen

Caul Hune Palsrok Walker

Clack Jones Pastor Ward

Clemente Kahn Pavlov Waters

Condino Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons Leland

Nays--3

Cheeks Cushingberry Tobocman

In The Chair: Kooiman

The House agreed to the title of the bill.

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

"Mr. Speaker and members of the House:

The explanation that we must move this package right now so we can maximize the press coverage nationally leads to poorly drafted law and is not in the best interest of the State.

This bill, 5422, 5531, 5532, and 5533 are premature and there is no need to make these draconian changes at this time."

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

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

Rep. Sak demanded the yeas and nays.

The demand was supported.

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

The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 175 Yeas--97

Accavitti Emmons Law, Kathleen Robertson

Acciavatti Espinoza Leland Rocca

Adamini Farhat Lipsey Sak

Amos Farrah Marleau Schuitmaker

Anderson Gaffney Mayes Shaffer

Angerer Garfield McDowell Sheen

Ball Gillard Meisner Sheltrown

Baxter Gleason Meyer Spade

Bennett Gonzales Miller Stahl

Bieda Gosselin Moolenaar Stakoe

Booher Green Moore Steil

Brandenburg Hansen Mortimer Stewart

Brown Hildenbrand Murphy Taub

Byrnes Hoogendyk Newell Vagnozzi

Byrum Hopgood Nitz Van Regenmorter

Casperson Huizenga Nofs Vander Veen

Caswell Hummel Palmer Walker

Caul Hune Palsrok Ward

Clack Jones Pastor Waters

Clemente Kahn Pavlov Wenke

Condino Kolb Pearce Whitmer

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Drolet Law, David Proos Zelenko

Elsenheimer

Nays--3

Cushingberry Smith, Alma Tobocman

In The Chair: Kooiman

Reps. Anderson, Stewart, Zelenko, Kooiman, Meyer, Hummel, Newell, Vander Veen, Williams, Brown, Farrah, LaJoy, Brandenburg, Wojno, Acciavatti, Condino, Vagnozzi, Taub, Amos, Garfield, Hune, Gleason, Hoogendyk, Nofs, Ward, Byrum, Van Regenmorter, Sak, Nitz, Sheen, Huizenga, Farhat, Moolenaar, Palsrok, Gillard, Casperson, Dillon, Ball, Byrnes,Caul, Clemente, Elsenheimer, Gonzales, Gosselin, Hansen, Hildenbrand, David Law, Marleau, Mayes, McDowell, Moore, Mortimer, Palmer, Pearce, Polidori, Proos, Rocca, Schuitmaker and Sheltrown were named co-sponsors of the bill.

______

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

"Mr. Speaker and members of the House:

Second Reading of Bills

House Bill No. 5531, entitled

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Judiciary,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Ward 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. 5531, entitled

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

Roll Call No. 176 Yeas--102

Accavitti Espinoza Lemmons, Jr. Rocca

Acciavatti Farhat Lipsey Sak

Adamini Farrah Marleau Schuitmaker

Amos Gaffney Mayes Shaffer

Anderson Garfield McConico Sheen

Angerer Gillard McDowell Sheltrown

Ball Gleason Meisner Smith, Alma

Baxter Gonzales Meyer Smith, Virgil

Bennett Gosselin Miller Spade

Bieda Green Moolenaar Stahl

Booher Hansen Moore Stakoe

Brandenburg Hildenbrand Mortimer Steil

Brown Hood Murphy Stewart

Byrnes Hoogendyk Newell Taub

Byrum Hopgood Nitz Vagnozzi

Casperson Huizenga Nofs Van Regenmorter

Caswell Hummel Palmer Vander Veen

Caul Hune Palsrok Walker

Clack Jones Pastor Ward

Clemente Kahn Pavlov Waters

Condino Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons Leland

Nays--3

Cheeks Cushingberry Tobocman

In The Chair: Kooiman

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

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

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 520a and 520c (MCL 750.520a and 750.520c), as amended by 2002 PA 714, and by adding section 520n.

The motion prevailed.

The House agreed to the title as amended.

______

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

"Mr. Speaker and members of the House:

The explanation that we must move this package right now so we can maximize the press coverage nationally leads to poorly drafted law and is not in the best interest of the State.

This bill, 5422, 5531, 5532, and 5533 are premature and there is no need to make these draconian changes at this time."

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

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

Rep. Sak demanded the yeas and nays.

The demand was supported.

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

The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 177 Yeas--96

Accavitti Drolet LaJoy Robertson

Acciavatti Elsenheimer Law, David Rocca

Adamini Emmons Law, Kathleen Sak

Amos Espinoza Lipsey Schuitmaker

Anderson Farhat Marleau Shaffer

Angerer Farrah Mayes Sheen

Ball Gaffney McDowell Sheltrown

Baxter Garfield Meisner Spade

Bennett Gillard Meyer Stahl

Bieda Gleason Miller Stakoe

Booher Gonzales Moolenaar Steil

Brandenburg Gosselin Moore Stewart

Brown Green Mortimer Taub

Byrnes Hansen Newell Vagnozzi

Byrum Hildenbrand Nitz Van Regenmorter

Casperson Hoogendyk Nofs Vander Veen

Caswell Hopgood Palmer Walker

Caul Huizenga Palsrok Ward

Clack Hummel Pastor Waters

Clemente Hune Pavlov Wenke

Condino Jones Pearce Whitmer

DeRoche Kahn Plakas Williams

Dillon Kolb Polidori Wojno

Donigan Kooiman Proos Zelenko

Nays--4

Cushingberry Murphy Smith, Alma Tobocman

In The Chair: Kooiman

Reps. Anderson, Stewart, Drolet, Zelenko, Kooiman, Meyer, Hummel, Newell, Vander Veen, Williams, Adamini, Brown, Farrah, Pastor, LaJoy, Bieda, Wojno, Acciavatti, Clack, Condino, Vagnozzi, DeRoche, Taub, Stakoe, Garfield, Hune, Gleason, Robertson, Shaffer, Hoogendyk, Nofs, Wenke, Ward, Byrum, Emmons, Steil, Van Regenmorter, Sak, Nitz, Stahl, Sheen, Farhat, Moolenaar, Palsrok, Gillard, Casperson, Dillon, Angerer, Ball, Baxter, Booher, Byrnes, Caul, Clemente, Elsenheimer, Espinoza, Gonzales, Gosselin, Hansen, Hildenbrand, Jones, Kahn, Marleau, McDowell, Moore, Mortimer, Palmer, Pavlov, Pearce, Polidori, Rocca, Schuitmaker, Sheltrown and Spade were named co-sponsors of the bill.

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

"Mr. Speaker and members of the House:

Second Reading of Bills

House Bill No. 5532, entitled

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

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

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

The motion prevailed.

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

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

______

Rep. Brown moved that Rep. Adamini 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. 5532, entitled

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

Roll Call No. 178 Yeas--102

Accavitti Espinoza Lemmons, Jr. Rocca

Acciavatti Farhat Lipsey Sak

Amos Farrah Marleau Schuitmaker

Anderson Gaffney Mayes Shaffer

Angerer Garfield McConico Sheen

Ball Gillard McDowell Sheltrown

Baxter Gleason Meisner Smith, Alma

Bennett Gonzales Meyer Smith, Virgil

Bieda Gosselin Miller Spade

Booher Green Moolenaar Stahl

Brandenburg Hansen Moore Stakoe

Brown Hildenbrand Mortimer Steil

Byrnes Hood Murphy Stewart

Byrum Hoogendyk Newell Taub

Casperson Hopgood Nitz Vagnozzi

Caswell Huizenga Nofs Van Regenmorter

Caul Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons Leland

Nays--3

Cheeks Cushingberry Tobocman

In The Chair: Kooiman

The House agreed to the title of the bill.

______

Rep. Adamini, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 178. Had I been present, I would have voted 'yea'."

______

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

"Mr. Speaker and members of the House:

The explanation that we must move this package right now so we can maximize the press coverage nationally leads to poorly drafted law and is not in the best interest of the State.

This bill, 5422, 5531, 5532, and 5533 are premature and there is no need to make these draconian changes at this time."

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

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

Rep. Sak demanded the yeas and nays.

The demand was supported.

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

The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 179 Yeas--97

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Law, Kathleen Rocca

Adamini Espinoza Lipsey Sak

Amos Farhat Marleau Schuitmaker

Anderson Farrah Mayes Shaffer

Angerer Gaffney McDowell Sheen

Ball Garfield Meisner Sheltrown

Baxter Gillard Meyer Spade

Bennett Gleason Miller Stahl

Bieda Gonzales Moolenaar Stakoe

Booher Gosselin Moore Steil

Brandenburg Green Mortimer Stewart

Brown Hansen Murphy Taub

Byrnes Hildenbrand Newell Vagnozzi

Byrum Hoogendyk Nitz Van Regenmorter

Casperson Hopgood Nofs Vander Veen

Caswell Huizenga Palmer Walker

Caul Hummel Palsrok Ward

Clack Hune Pastor Waters

Clemente Jones Pavlov Wenke

Condino Kahn Pearce Whitmer

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet

Nays--2

Cushingberry Smith, Alma

In The Chair: Kooiman

______

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

"Mr. Speaker and members of the House:

Second Reading of Bills

House Bill No. 5533, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16y of chapter XVII (MCL 777.16y), as amended by 2000 PA 279.

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

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

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

The motion prevailed.

Rep. Ward 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. 5533, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16y of chapter XVII (MCL 777.16y), as amended by 2000 PA 279.

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

Roll Call No. 180 Yeas--103

Accavitti Emmons Leland Rocca

Acciavatti Espinoza Lemmons, Jr. Sak

Adamini Farhat Lipsey Schuitmaker

Amos Farrah Marleau Shaffer

Anderson Gaffney Mayes Sheen

Angerer Garfield McConico Sheltrown

Ball Gillard McDowell Smith, Alma

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Gosselin Miller Stahl

Booher Green Moolenaar Stakoe

Brandenburg Hansen Moore Steil

Brown Hildenbrand Mortimer Stewart

Byrnes Hood Murphy Taub

Byrum Hoogendyk Newell Vagnozzi

Casperson Hopgood Nitz Van Regenmorter

Caswell Huizenga Nofs Vander Veen

Caul Hummel Palmer Walker

Clack Hune Palsrok Ward

Clemente Jones Pastor Waters

Condino Kahn Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Drolet Law, David Proos Zelenko

Elsenheimer Law, Kathleen Robertson

Nays--3

Cheeks Cushingberry Tobocman

In The Chair: Kooiman

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

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

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16y of chapter XVII (MCL 777.16y), as amended by 2005 PA 304.

The motion prevailed.

The House agreed to the title as amended.

______

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

"Mr. Speaker and members of the House:

The explanation that we must move this package right now so we can maximize the press coverage nationally leads to poorly drafted law and is not in the best interest of the State.

This bill, 5422, 5531, 5532, and 5533 are premature and there is no need to make these draconian changes at this time."

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

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

Rep. Sak demanded the yeas and nays.

The demand was supported.

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

The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 181 Yeas--98

Accavitti Drolet Law, David Robertson

Acciavatti Elsenheimer Law, Kathleen Rocca

Adamini Emmons Lipsey Sak

Amos Espinoza Marleau Schuitmaker

Anderson Farhat Mayes Shaffer

Angerer Farrah McDowell Sheen

Ball Gaffney Meisner Sheltrown

Baxter Garfield Meyer Spade

Bennett Gillard Miller Stahl

Bieda Gleason Moolenaar Stakoe

Booher Gonzales Moore Steil

Brandenburg Gosselin Mortimer Stewart

Brown Green Murphy Taub

Byrnes Hansen Newell Vagnozzi

Byrum Hildenbrand Nitz Van Regenmorter

Casperson Hoogendyk Nofs Vander Veen

Caswell Hopgood Palmer Walker

Caul Huizenga Palsrok Ward

Cheeks Hummel Pastor Waters

Clack Hune Pavlov Wenke

Clemente Jones Pearce Whitmer

Condino Kahn Plakas Williams

DeRoche Kolb Polidori Wojno

Dillon Kooiman Proos Zelenko

Donigan LaJoy

Nays--2

Cushingberry Smith, Alma

In The Chair: Kooiman

Reps. Anderson, Stewart, Drolet, Zelenko, Kooiman, Hummel, Newell, Vander Veen, Gaffney, Farrah, Pastor, LaJoy, Brandenburg, Wojno, Acciavatti, Clack, Condino, Vagnozzi, DeRoche, Taub, Accavitti, Amos, Hune, Gleason, Robertson, Shaffer, Hoogendyk, Nofs, Wenke, Ward, Emmons, Steil, Van Regenmorter, Sak, Stahl, Sheen, Farhat, Moolenaar, Palsrok, Gillard, Casperson, Dillon, Angerer, Ball, Baxter, Booher, Caul, Clemente, Elsenheimer, Espinoza, Gonzales, Gosselin, Hansen, Hildenbrand, Jones, Kahn, Marleau, Mayes, McDowell, Moore, Mortimer, Palmer, Pavlov, Pearce, Polidori, Proos, Rocca, Schuitmaker, Sheltrown and Spade were named co-sponsors of the bill.

______

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

"Mr. Speaker and members of the House:

Introduction of Bills

Rep. Ward introduced

House Bill No. 5852, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," (MCL 168.1 to 168.992) by adding section 634a.

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

Reps. Jones, Polidori, Brown, Garfield, Robertson, Casperson, Hansen, David Law, Espinoza, Moore, Brandenburg, Taub, Palmer, Drolet, Baxter, Clemente, Dillon, Caul, Nofs, Plakas, Stakoe, Bieda, Green, Huizenga, Booher, Kahn, Gleason, Marleau, LaJoy, Sheen, Sheltrown, Vander Veen, Gaffney, Elsenheimer, Ball, Schuitmaker, Hune, Pavlov, Proos, Newell, Emmons, Pastor, Acciavatti, Farhat, Mortimer and Accavitti introduced

House Bill No. 5853, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 522 and 532 (MCL 436.1522 and 436.1532), section 522 as amended by 1998 PA 416 and section 532 as added by 2001 PA 223.

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

Reps. Sheen, Plakas, Amos, Booher, Jones, Emmons, Gaffney, Gosselin, Taub, Hansen, Stahl, Hoogendyk, Vander Veen,Pastor, Brandenburg, Drolet, Acciavatti, Ball, Casperson, Marleau, Robertson, Pavlov, Moolenaar and Walker introduced

House Bill No. 5854, entitled

A bill to amend 1973 PA 186, entitled "Tax tribunal act," by amending sections 35 and 37 (MCL 205.735 and 205.737), as amended by 2003 PA 131.

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

Reps. Sheen, Taub, Gaffney, Hansen, Stahl, Hoogendyk, Vander Veen, Elsenheimer, Brandenburg, Garfield, Pastor, Drolet, Gosselin, Acciavatti, Ball, Casperson, Marleau, Robertson, Pavlov, Jones, Moolenaar and Walker introduced

House Bill No. 5855, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 5 (MCL 205.95), as amended by 2004 PA 172.

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

Reps. Tobocman, Rocca and Bieda introduced

House Bill No. 5856, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 2004 PA 173.

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

Rep. Sak introduced

House Bill No. 5857, entitled

A bill to amend 2004 PA 452, entitled "Identity theft protection act," by amending section 5 (MCL 445.65).

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

Rep. Sak introduced

House Bill No. 5858, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending section 305 (MCL 484.2305), as amended by 2005 PA 235.

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

Reps. Nitz, Schuitmaker, Proos, Baxter, Mayes, Sheltrown, Casperson and Emmons introduced

House Bill No. 5859, entitled

A bill to amend 1988 PA 466, entitled "Animal industry act," by amending section 14 (MCL 287.714), as amended by 2002 PA 458.

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

Reps. Farhat and Kolb introduced

House Bill No. 5860, entitled

A bill to amend 1966 PA 291, entitled "Fire fighters training council act of 1966," by amending the title and sections 3, 9, 11, and 14 (MCL 29.363, 29.369, 29.371, and 29.374), the title and section 3 as amended by 1987 PA 196 and section 9 as amended by 1988 PA 458.

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

Reps. Stahl, Farhat, Kolb, Taub, Hood, Brown, Marleau, Hansen, Caswell, Gaffney, LaJoy, Schuitmaker, Hildenbrand, Kahn, Polidori, Caul, Nofs, Sheltrown, Baxter, Whitmer, Farrah, Byrnes, Huizenga, Rocca, Garfield, Sak, Gleason, Pastor, Stewart, Jones, Booher, Angerer, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Proos, Nitz, Mortimer, Ball, Brandenburg, Amos, Bieda, Moolenaar, David Law, Stakoe, Wenke, Mayes, Pavlov, Palsrok and Cheeks introduced

House Bill No. 5861, entitled

A bill to amend 1935 PA 59, entitled "An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929," by repealing section 5 (MCL 28.5).

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

Reps. Proos, Farhat, Kolb, Taub, Hood, Brown, Marleau, Hansen, Caswell, Gaffney, LaJoy, Schuitmaker, Hildenbrand, Kahn, Polidori, Caul, Nofs, Sheltrown, Baxter, Whitmer, Farrah, Byrnes, Huizenga, Rocca, Wenke, Garfield, Sak, Gleason, Pastor, Stahl, Stewart, Jones, Booher, Angerer, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Brandenburg, Amos, Bieda, Moolenaar, David Law, Stakoe, Mayes, Pavlov, Palsrok and Cheeks introduced

House Bill No. 5862, entitled

A bill to amend 1972 PA 230, entitled "Stille-DeRossett-Hale single state construction code act," by amending sections 3a and 8b (MCL 125.1503a and 125.1508b), as added by 1999 PA 245.

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

Reps. Brown, Farhat, Kolb, Taub, Hood, Marleau, Hansen, Caswell, Gaffney, Hildenbrand, LaJoy, Schuitmaker, Kahn, Polidori, Caul, Nofs, Sheltrown, Baxter, Whitmer, Farrah, Byrnes, Huizenga, Stahl, Proos, Rocca, Garfield, Sak, Gleason, Pastor, Stewart, Jones, Angerer, Booher, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Brandenburg, Amos, Bieda, Moolenaar, Stakoe, Wenke, David Law, Mayes, Pavlov, Palsrok and Cheeks introduced

House Bill No. 5863, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 77101 (MCL 324.77101), as added by 1995 PA 58.

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

Reps. Cheeks, Farhat, Kolb, Taub, Brown, Hood, Marleau, Hansen, Caswell, Gaffney, Hildenbrand, LaJoy, Schuitmaker, Kahn, Polidori, Nofs, Caul, Sheltrown, Baxter, Whitmer, Farrah, Byrnes, Huizenga, Stahl, Angerer, Proos, Rocca, Sak, Gleason, Pastor, Stewart, Jones, Booher, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Amos, Brandenburg, Bieda, Moolenaar, Stakoe, Wenke, David Law, Mayes, Garfield, Pavlov and Palsrok introduced

House Bill No. 5864, entitled

A bill to amend 1956 PA 217, entitled "Electrical administrative act," by amending section 2 (MCL 338.882), as amended by 1992 PA 130.

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

Reps. Kahn, Farhat, Kolb, Taub, Brown, Hood, Hansen, Marleau, Caswell, Gaffney, Hildenbrand, LaJoy, Schuitmaker, Polidori, Caul, Nofs, Sheltrown, Baxter, Whitmer, Farrah, Byrnes, Huizenga, Stahl, Proos, Rocca, Garfield, Sak, Gleason, Pastor, Stewart, Jones, Angerer, Booher, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Brandenburg, Amos, Bieda, Moolenaar, Stakoe, Wenke, David Law, Mayes, Pavlov, Palsrok and Cheeks introduced

House Bill No. 5865, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1285a (MCL 380.1285a), as amended by 2002 PA 695.

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

Reps. Shaffer, Farhat, Kolb, Taub, Brown, Hood, Hansen, Marleau, Caswell, Gaffney, Hildenbrand, LaJoy, Schuitmaker, Kahn, Polidori, Caul, Nofs, Sheltrown, Baxter, Whitmer, Farrah, Byrnes, Huizenga, Stahl, Proos, Rocca, Garfield, Sak, Gleason, Pastor, Stewart, Jones, Booher, Angerer, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Brandenburg, Amos, Bieda, Moolenaar, David Law, Stakoe, Wenke, Mayes, Pavlov, Palsrok and Cheeks introduced

House Bill No. 5866, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 58 (MCL 400.58).

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

Reps. Farrah, Farhat, Kolb, Taub, Brown, Hood, Marleau, Hansen, Caswell, Gaffney, Hildenbrand, LaJoy, Schuitmaker, Kahn, Polidori, Nofs, Sheltrown, Caul, Baxter, Whitmer, Byrnes, Huizenga, Stahl, Proos, Rocca, Wenke, Garfield, Sak, Gleason, Pastor, Angerer, Stewart, Jones, Booher, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Amos, Brandenburg, Bieda, Moolenaar, Stakoe, David Law, Mayes, Pavlov, Palsrok and Cheeks introduced

House Bill No. 5867, entitled

A bill to amend 1967 PA 227, entitled "An act to regulate the inspection, construction, installation, alteration, maintenance, repair and operation of elevators and the licensing of elevator contractors; to prescribe the functions of the director of labor; to create, and prescribe the functions of, the elevator safety board; to provide penalties for violations of the act; and to repeal certain acts and parts of acts," by amending section 20 (MCL 408.820).

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

Reps. Marleau, Farhat, Kolb, Taub, Brown, Hood, Hansen, Caswell, Gaffney, Hildenbrand, LaJoy, Schuitmaker, Kahn, Polidori, Caul, Nofs, Sheltrown, Baxter, Whitmer, Farrah, Byrnes, Huizenga, Stahl, Proos, Rocca, Garfield, Sak, Gleason, Pastor, Stewart, Jones, Booher, Angerer, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Brandenburg, Amos, Bieda, Moolenaar, David Law, Stakoe, Wenke, Mayes, Pavlov, Palsrok and Cheeks introduced

House Bill No. 5868, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending section 12 (MCL 480.22), as amended by 2005 PA 177.

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

Reps. Hood, Farhat, Kolb, Taub, Brown, Marleau, Hansen, Caswell, Gaffney, Hildenbrand, LaJoy, Schuitmaker, Kahn, Polidori, Nofs, Sheltrown, Caul, Baxter, Whitmer, Proos, Farrah, Byrnes, Huizenga, Stahl, Rocca, Sak, Gleason, Pastor, Angerer, Stewart, Jones, Booher, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Amos, Brandenburg, Bieda, Moolenaar, Stakoe, Wenke, David Law, Mayes, Garfield, Pavlov, Palsrok and Cheeks introduced

House Bill No. 5869, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending sections 2, 3, and 10 (MCL 722.112, 722.113, and 722.120), section 2 as amended by 1983 PA 150, section 3 as amended by 1980 PA 232, and section 10 as amended by 1994 PA 205.

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

Reps. Polidori, Farhat, Kolb, Taub, Brown, Hood, Marleau, Hansen, Caswell, Gaffney, Hildenbrand, Kahn, Nofs, Caul, Sheltrown, Baxter, Whitmer, Farrah, Byrnes, Huizenga, Stahl, Proos, Rocca, Garfield, Sak, Gleason, Pastor, Stewart, Jones, Angerer, Booher, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Amos, Brandenburg, Bieda, Moolenaar, Stakoe, Wenke, David Law, Mayes, Pavlov, Palsrok and Cheeks introduced

House Bill No. 5870, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3010 (MCL 500.3010), as added by 2000 PA 413.

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

Reps. Kolb, Farhat, Taub, Brown, Hood, Marleau, Hansen, Caswell, Gaffney, Hildenbrand, LaJoy, Schuitmaker, Kahn, Polidori, Nofs, Sheltrown, Caul, Baxter, Whitmer, Proos, Farrah, Byrnes, Huizenga, Stahl, Rocca, Sak, Gleason, Pastor, Angerer, Stewart, Jones, Booher, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Amos, Brandenburg, Bieda, Moolenaar, Stakoe, Wenke, David Law, Mayes, Garfield, Pavlov, Palsrok and Cheeks introduced

House Bill No. 5871, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 312e (MCL 257.312e), as amended by 2004 PA 362.

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

Rep. Lemmons, III entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 318, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 4 (MCL 408.384), as amended by 1997 PA 2.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Senate Bill No. 764, entitled

A bill to establish a monument to honor citizens of this state who have received the purple heart medal.

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

Roll Call No. 182 Yeas--107

Accavitti Elsenheimer Leland Rocca

Acciavatti Emmons Lemmons, III Sak

Adamini Espinoza Lemmons, Jr. Schuitmaker

Amos Farhat Lipsey Shaffer

Anderson Farrah Marleau Sheen

Angerer Gaffney Mayes Sheltrown

Ball Garfield McConico Smith, Alma

Baxter Gillard McDowell Smith, Virgil

Bennett Gleason Meisner Spade

Bieda Gonzales Meyer Stahl

Booher Gosselin Miller Stakoe

Brandenburg Green Moolenaar Steil

Brown Hansen Moore Stewart

Byrnes Hildenbrand Mortimer Taub

Byrum Hood Murphy Tobocman

Casperson Hoogendyk Newell Vagnozzi

Caswell Hopgood Nitz Van Regenmorter

Caul Huizenga Nofs Vander Veen

Cheeks Hummel Palmer Walker

Clack Hune Palsrok Ward

Clemente Jones Pastor Waters

Condino Kahn Pavlov Wenke

Cushingberry Kolb Pearce Whitmer

DeRoche Kooiman Plakas Williams

Dillon LaJoy Polidori Wojno

Donigan Law, David Proos Zelenko

Drolet Law, Kathleen Robertson

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

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

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

Senate Bill No. 371, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.

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

Roll Call No. 183 Yeas--106

Accavitti Elsenheimer Lemmons, III Rocca

Acciavatti Emmons Lemmons, Jr. Sak

Adamini Espinoza Lipsey Schuitmaker

Amos Farhat Marleau Shaffer

Anderson Farrah Mayes Sheen

Angerer Gaffney McConico Sheltrown

Ball Garfield McDowell Smith, Alma

Baxter Gillard Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Gosselin Miller Stahl

Booher Green Moolenaar Stakoe

Brandenburg Hansen Moore Steil

Brown Hildenbrand Mortimer Stewart

Byrnes Hood Murphy Taub

Byrum Hoogendyk Newell Tobocman

Casperson Hopgood Nitz Vagnozzi

Caswell Huizenga Nofs Van Regenmorter

Caul Hummel Palmer Vander Veen

Cheeks Hune Palsrok Walker

Clack Jones Pastor Ward

Clemente Kahn Pavlov Waters

Condino Kolb Pearce Wenke

Cushingberry Kooiman Plakas Whitmer

DeRoche LaJoy Polidori Williams

Dillon Law, David Proos Wojno

Donigan Law, Kathleen Robertson Zelenko

Drolet Leland

Nays--0

In The Chair: Kooiman

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

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

A bill to amend 1996 PA 376, entitled "An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials," by amending section 8d (MCL 125.2688d), as amended by 2005 PA 276.

The motion prevailed.

The House agreed to the title as amended.

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

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

Rep. Sak demanded the yeas and nays.

The demand was supported.

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

The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 184 Yeas--102

Accavitti Elsenheimer Lemmons, III Rocca

Acciavatti Emmons Lemmons, Jr. Sak

Adamini Espinoza Lipsey Schuitmaker

Amos Farhat Marleau Shaffer

Anderson Farrah Mayes Sheen

Angerer Gaffney McDowell Sheltrown

Ball Garfield Meisner Smith, Alma

Baxter Gillard Meyer Smith, Virgil

Bennett Gleason Miller Spade

Bieda Gonzales Moolenaar Stahl

Booher Gosselin Moore Stakoe

Brandenburg Green Mortimer Steil

Brown Hansen Murphy Stewart

Byrnes Hildenbrand Newell Taub

Byrum Hoogendyk Nitz Vagnozzi

Casperson Hopgood Nofs Van Regenmorter

Caswell Huizenga Palmer Vander Veen

Caul Hummel Palsrok Walker

Cheeks Hune Pastor Ward

Clack Jones Pavlov Waters

Clemente Kahn Pearce Wenke

Condino Kolb Plakas Whitmer

DeRoche Kooiman Polidori Williams

Dillon LaJoy Proos Wojno

Donigan Law, David Robertson Zelenko

Drolet Law, Kathleen

Nays--0

In The Chair: Kooiman

House Bill No. 5641, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2004 PA 427.

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

Roll Call No. 185 Yeas--107

Accavitti Elsenheimer Leland Rocca

Acciavatti Emmons Lemmons, III Sak

Adamini Espinoza Lemmons, Jr. Schuitmaker

Amos Farhat Lipsey Shaffer

Anderson Farrah Marleau Sheen

Angerer Gaffney Mayes Sheltrown

Ball Garfield McConico Smith, Alma

Baxter Gillard McDowell Smith, Virgil

Bennett Gleason Meisner Spade

Bieda Gonzales Meyer Stahl

Booher Gosselin Miller Stakoe

Brandenburg Green Moolenaar Steil

Brown Hansen Moore Stewart

Byrnes Hildenbrand Mortimer Taub

Byrum Hood Murphy Tobocman

Casperson Hoogendyk Newell Vagnozzi

Caswell Hopgood Nitz Van Regenmorter

Caul Huizenga Nofs Vander Veen

Cheeks Hummel Palmer Walker

Clack Hune Palsrok Ward

Clemente Jones Pastor Waters

Condino Kahn Pavlov Wenke

Cushingberry Kolb Pearce Whitmer

DeRoche Kooiman Plakas Williams

Dillon LaJoy Polidori Wojno

Donigan Law, David Proos Zelenko

Drolet Law, Kathleen Robertson

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

House Bill No. 4086, entitled

A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as amended by 1983 PA 64.

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

Roll Call No. 186 Yeas--105

Accavitti Emmons Lemmons, III Rocca

Acciavatti Espinoza Lemmons, Jr. Sak

Adamini Farhat Lipsey Schuitmaker

Amos Farrah Marleau Shaffer

Anderson Gaffney Mayes Sheen

Angerer Gillard McConico Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caswell Hummel Nofs Van Regenmorter

Caul Hune Palmer Vander Veen

Cheeks Jones Palsrok Walker

Clack Kahn Pastor Ward

Clemente Kolb Pavlov Waters

Condino Kooiman Pearce Wenke

Cushingberry LaJoy Plakas Whitmer

DeRoche Law, David Polidori Williams

Dillon Law, Kathleen Proos Wojno

Donigan Leland Robertson Zelenko

Elsenheimer

Nays--2

Drolet Garfield

In The Chair: Kooiman

The House agreed to the title of the bill.

House Bill No. 5643, entitled

A bill to amend 1984 PA 118, entitled "The prisoner reimbursement to the county act," by amending section 7 (MCL 801.87), as amended by 1996 PA 544.

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

Roll Call No. 187 Yeas--107

Accavitti Elsenheimer Leland Rocca

Acciavatti Emmons Lemmons, III Sak

Adamini Espinoza Lemmons, Jr. Schuitmaker

Amos Farhat Lipsey Shaffer

Anderson Farrah Marleau Sheen

Angerer Gaffney Mayes Sheltrown

Ball Garfield McConico Smith, Alma

Baxter Gillard McDowell Smith, Virgil

Bennett Gleason Meisner Spade

Bieda Gonzales Meyer Stahl

Booher Gosselin Miller Stakoe

Brandenburg Green Moolenaar Steil

Brown Hansen Moore Stewart

Byrnes Hildenbrand Mortimer Taub

Byrum Hood Murphy Tobocman

Casperson Hoogendyk Newell Vagnozzi

Caswell Hopgood Nitz Van Regenmorter

Caul Huizenga Nofs Vander Veen

Cheeks Hummel Palmer Walker

Clack Hune Palsrok Ward

Clemente Jones Pastor Waters

Condino Kahn Pavlov Wenke

Cushingberry Kolb Pearce Whitmer

DeRoche Kooiman Plakas Williams

Dillon LaJoy Polidori Wojno

Donigan Law, David Proos Zelenko

Drolet Law, Kathleen Robertson

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

The House returned to the consideration of

Senate Bill No. 318, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 4 (MCL 408.384), as amended by 1997 PA 2.

(The bill was considered earlier today, see today's Journal p. 502.)

The question being on the passage of the bill,

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

Roll Call No. 188 Yeas--73

Accavitti Donigan Lemmons, III Polidori

Adamini Espinoza Lemmons, Jr. Proos

Anderson Farhat Lipsey Rocca

Angerer Farrah Marleau Sak

Ball Gillard Mayes Shaffer

Bennett Gleason McConico Sheltrown

Bieda Gonzales McDowell Smith, Alma

Brown Hood Meisner Smith, Virgil

Byrnes Hopgood Meyer Spade

Byrum Hummel Miller Stahl

Caswell Jones Moore Stewart

Caul Kahn Mortimer Tobocman

Cheeks Kolb Murphy Vagnozzi

Clack Kooiman Nitz Waters

Clemente LaJoy Nofs Whitmer

Condino Law, David Palsrok Williams

Cushingberry Law, Kathleen Pavlov Wojno

DeRoche Leland Plakas Zelenko

Dillon

Nays--34

Acciavatti Gaffney Moolenaar Stakoe

Amos Garfield Newell Steil

Baxter Gosselin Palmer Taub

Booher Green Pastor Van Regenmorter

Brandenburg Hansen Pearce Vander Veen

Casperson Hildenbrand Robertson Walker

Drolet Hoogendyk Schuitmaker Ward

Elsenheimer Huizenga Sheen Wenke

Emmons Hune

In The Chair: Kooiman

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

"An act to fix minimum wages for employees within this state; to prohibit wage discrimination; to provide for the administration and enforcement of this act; and to prescribe penalties for the violation of this act,"

The House agreed to the full title.

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

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

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

"Mr. Speaker and members of the House:

Michigan has the worst record of producing jobs in the nation. This legislation will cost Michigan citizens jobs especially our low income earners, our youth, and those entering the job market who need a chance to get some experience. Kmart, Wal-Mart, Meijers, McDonalds, Burger King, and other minimum wage entrance job providers do not have any more money to pay workers, they will simply have no choice but to lay off workers. Minimum wage workers will not be laid off in other states, only Michigan workers. The Federal minimum wage is $5.15 an hour and Michigan wants to increase theirs to $7.40 an hour. This means Michigan will have the third highest minimum wage in the nation. The surrounding states of Wisconsin, Indiana, and Ohio will all keep their minimum wage at $5.15. I cannot go against the most basic conservative economic principles in favor of political maneuverism, however valid. I cannot support legislation that kills jobs and continues to make Michigan less attractive to employers and at a disadvantage to the rest of the nation."

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

"Mr. Speaker and members of the House:

Michigan currently has among the highest unemployment rate in the United States and many of our residents are struggling with economic hardship. The legislature should be focused on policies to strengthen our economy, encourage job growth and new business development. I am voting no on this legislation because this dramatic increase in the minimum wage will exacerbate our current business climate, causing business owners in Michigan to eliminate jobs.

I have taken the time to seek input from hundreds of people on this issue over the past few days and have studied the impact this proposal will have on our already beleaguered economy.

Minimum wage is the first rung of the ladder to help our children/students get a start on their work experience. It is not intended to feed and meet the needs of a family of four. Approximately 3% of all hourly wage earners are paid the minimum wage. Of this 3% only 15% are the chief breadwinners in their family. Young adults presently going to high school and college are the biggest group, by far, that receive minimum wage.

It has been nine years since we raised this minimum wage in Michigan. If the minimum wage had been adjusted for inflation since the last increase it would presently be $6.35 per hour. If these proposal were at a more reasonable rate of closer to $6.25 to $6.50 per hour I could vote for an increase. However, this legislation increases the minimum wage by 40%!

With a 7% unemployment rate in our state, we cannot afford to give business additional reasons to either outsource or eliminate jobs. If a small business has $103 to spend each hour they are open, at the present minimum wage this business could hire 20 employees. If the wage goes up to $7.40 within 2 years as proposed, the same employer could only hire 14 employees. That is a job loss of 30%.

We must also pay attention to the argument that proponents of the minimum wage claim a high minimum wage shows that a person is valued for the work they do. Wages should not be viewed as a reflection of a person's worth. Surely the lawyer is not worth more as a person than the cashier at the grocery store. Salaries and wages should be established based on the task a worker does and the quality of the individual's work.

The more compassionate approach is to continue to let the free market work and try to keep the jobs we have. We should focus our energies on helping the working poor better themselves thru job training and education, helping our businesses grow by keeping taxes low and eliminating regulatory burdens that inhibit job growth.

What we need to be discussing in Michigan in a bi-partisan fashion is how to help our citizens become better trained to move up the ladder of success! Focusing our efforts on increased job training and education will bring quality of life to a higher level.

With much thought and consideration, I have come to the decision to vote no on House Bill 318."

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

"Mr. Speaker and members of the House:

My opposition to SB 318 comes from my genuine belief that an increase in Michigan's minimum wage would be detrimental to job creation in Michigan. In recent days I have heard from these job providers, large and small, expressing opposition to this bill. Whether it is a candy store owner in Fenton, a local real estate agent, or a retail clothier, they have told me the passage of a minimum wage hike will force layoffs of existing employees. Furthermore, jobs that would have otherwise been created will not be. Supporters of this legislation profess to be concerned about the working poor, yet ironically, it is those on the first rung of the job ladder who will have that rung taken out from under their feet. As State Representative, I must be concerned with the effect the passage of this minimum wage hike will have on all of Michigan's residents. This legislation is being advanced, in part, out of concern for the petition drive currently being circulated. I oppose that measure also. Both are contrary to the best interests of the State of Michigan. Passage of a minimum wage increase, whether it be in statute or constitutionally will slow Michigan's economic recovery and hurt the very people its proponents profess to help.

For these reasons I cast a 'NO' vote on SB 318."

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

"Mr. Speaker and members of the House:

Much of the minimum wage debate has centered on who receives such wages. Most experts say a majority of those employees are students learning the ropes of the working world. Today I offered two amendments to SB 318 that would have helped the working poor and student employees while protecting our universities and small business owners from unexpected cost spikes.

While keeping in tact the new minimum wage boost schedule, my first amendment would have allowed a continuation of a federal exemption that allows institutions of higher education to pay their full-time students, who work in on campus jobs, wages slightly below the minimum. This saves the colleges and universities hundreds of thousands of dollars and allows students employment opportunities on campus.

The second amendment addressed the need to pay students a 'learning wage'. It would have allowed employers to pay up to $1 less than the minimum to students that are younger than 18 or who have not graduated high school. Many small and large employers have told me that they will simply stop hiring high-schoolers for their restaurants, hardware stores and grocery stores. My first few jobs while I was in high school taught me a tremendous amount about responsibility and work ethic. Opportunities for students to learn these life skills are disappearing. I could not support this bill in good conscience."

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5240, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 5, 320a, 627, 628, 629, and 629c (MCL 257.5, 257.320a, 257.627, 257.628, 257.629, and 257.629c), section 320a as amended by 2004 PA 495, section 627 as amended by 2004 PA 62, section 628 as amended by 2003 PA 65, section 629 as amended by 1988 PA 368, and section 629c as amended by 1996 PA 320; and to repeal acts and parts of acts.

(The bill was received from the Senate on March 1, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 2, see House Journal No. 21, p. 333.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Palmer moved to amend the Senate substitute (S-2) as follows:

1. Amend page 10, line 3, after "FREEWAY" by inserting "THAT IS NOT MORE THAN 70 MILES PER HOUR BUT NOT LESS THAN 55 MILES PER HOUR AND".

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-2) made to the bill by the Senate,

The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 189 Yeas--107

Accavitti Elsenheimer Leland Rocca

Acciavatti Emmons Lemmons, III Sak

Adamini Espinoza Lemmons, Jr. Schuitmaker

Amos Farhat Lipsey Shaffer

Anderson Farrah Marleau Sheen

Angerer Gaffney Mayes Sheltrown

Ball Garfield McConico Smith, Alma

Baxter Gillard McDowell Smith, Virgil

Bennett Gleason Meisner Spade

Bieda Gonzales Meyer Stahl

Booher Gosselin Miller Stakoe

Brandenburg Green Moolenaar Steil

Brown Hansen Moore Stewart

Byrnes Hildenbrand Mortimer Taub

Byrum Hood Murphy Tobocman

Casperson Hoogendyk Newell Vagnozzi

Caswell Hopgood Nitz Van Regenmorter

Caul Huizenga Nofs Vander Veen

Cheeks Hummel Palmer Walker

Clack Hune Palsrok Ward

Clemente Jones Pastor Waters

Condino Kahn Pavlov Wenke

Cushingberry Kolb Pearce Whitmer

DeRoche Kooiman Plakas Williams

Dillon LaJoy Polidori Wojno

Donigan Law, David Proos Zelenko

Drolet Law, Kathleen Robertson

Nays--0

In The Chair: Kooiman

The House agreed to the title as amended.

Second Reading of Bills

House Bill No. 5325, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21529.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 477, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 18 (MCL 169.218), as added by 1999 PA 238.

The bill was read a second time.

Rep. Condino moved to amend the bill as follows:

1. Amend page 5, following line 2, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law and takes effect.".

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

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

The motion prevailed.

House Bill No. 5336, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 25.

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

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

Rep. Condino moved to amend the bill as follows:

1. Amend page 7, following line 11, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law.".

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

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

The motion prevailed.

House Bill No. 5653, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2701, 5119, 16337, 17001, 17008, 17025, 17066, 17074, 17078, 17501, 17745a, 17745b, 18001, 18011, and 18021 (MCL 333.2701, 333.5119, 333.16337, 333.17001, 333.17008, 333.17025, 333.17066, 333.17074, 333.17078, 333.17501, 333.17745a, 333.17745b, 333.18001, 333.18011, and 333.18021), section 2701 as added by 1990 PA 16, section 5119 as amended by 2000 PA 209, section 16337 as added by 1993 PA 79, sections 17001 and 17501 as amended by 2005 PA 264, section 17025 as amended by 1980 PA 146, sections 17066, 17074, and 17078 as amended by 1990 PA 247, section 17745a as amended by 1999 PA 190, section 17745b as added by 1993 PA 306, and section 18021 as amended by 1993 PA 79, and by adding sections 18048, 18049, 18050, 18054, and 18056; 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-1) previously recommended by the Committee on Health Policy,

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

Rep. Condino moved to amend the bill as follows:

1. Amend page 12, following line 4, by inserting:

"Enacting section 3. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law.".

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

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

The motion prevailed.

House Bill No. 5813, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 381 (MCL 168.381), as amended by 2005 PA 71.

The bill was read a second time.

Rep. Condino moved to amend the bill as follows:

1. Amend page 3, following line 18, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law.".

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Ward moved that House Bill No. 5641 be given immediate effect.

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

Rep. Ward moved that House Bill No. 4086 be given immediate effect.

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

Rep. Sak demanded the yeas and nays.

The demand was supported.

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

The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 190 Yeas--105

Accavitti Emmons Lemmons, III Rocca

Acciavatti Espinoza Lemmons, Jr. Sak

Adamini Farhat Lipsey Schuitmaker

Amos Farrah Marleau Shaffer

Anderson Gaffney Mayes Sheen

Angerer Gillard McConico Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caswell Hummel Nofs Van Regenmorter

Caul Hune Palmer Vander Veen

Cheeks Jones Palsrok Walker

Clack Kahn Pastor Ward

Clemente Kolb Pavlov Waters

Condino Kooiman Pearce Wenke

Cushingberry LaJoy Plakas Whitmer

DeRoche Law, David Polidori Williams

Dillon Law, Kathleen Proos Wojno

Donigan Leland Robertson Zelenko

Elsenheimer

Nays--2

Drolet Garfield

In The Chair: Kooiman

Rep. Ward moved that House Bill No. 5643 be given immediate effect.

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

Rep. Sak demanded the yeas and nays.

The demand was supported.

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

The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 191 Yeas--107

Accavitti Elsenheimer Leland Rocca

Acciavatti Emmons Lemmons, III Sak

Adamini Espinoza Lemmons, Jr. Schuitmaker

Amos Farhat Lipsey Shaffer

Anderson Farrah Marleau Sheen

Angerer Gaffney Mayes Sheltrown

Ball Garfield McConico Smith, Alma

Baxter Gillard McDowell Smith, Virgil

Bennett Gleason Meisner Spade

Bieda Gonzales Meyer Stahl

Booher Gosselin Miller Stakoe

Brandenburg Green Moolenaar Steil

Brown Hansen Moore Stewart

Byrnes Hildenbrand Mortimer Taub

Byrum Hood Murphy Tobocman

Casperson Hoogendyk Newell Vagnozzi

Caswell Hopgood Nitz Van Regenmorter

Caul Huizenga Nofs Vander Veen

Cheeks Hummel Palmer Walker

Clack Hune Palsrok Ward

Clemente Jones Pastor Waters

Condino Kahn Pavlov Wenke

Cushingberry Kolb Pearce Whitmer

DeRoche Kooiman Plakas Williams

Dillon LaJoy Polidori Wojno

Donigan Law, David Proos Zelenko

Drolet Law, Kathleen Robertson

Nays--0

In The Chair: Kooiman

______

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

The motion prevailed.

______

Rep. Stakoe moved that the House adjourn.

The motion prevailed, the time being 5:15 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, March 15, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives