No. 95
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2006
House Chamber, Lansing, Thursday, December 14, 2006.
10:30 a.m.
The House was called to order by Associate Speaker Pro Tempore Elsenheimer.
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 Proos--present
Acciavatti--present Emmons--present Leland--present Robertson--present
Adamini--present Espinoza--present Lemmons, III--e/d/s Rocca--present
Amos--present Farhat--present Lemmons, Jr.--present Sak--present
Anderson--present Farrah--present Lipsey--present Schuitmaker--present
Angerer--present Gaffney--present Marleau--present Shaffer--present
Ball--present Garfield--present Mayes--present Sheen--present
Baxter--present Gillard--present McConico--present Sheltrown--present
Bennett--present Gleason--present McDowell--present Smith, Alma--present
Bieda--present Gonzales--present Meadows--present Smith, Virgil--present
Booher--present Gosselin--present Meisner--present Spade--present
Brandenburg--present Green--present Meyer--present Stahl--present
Brown--present Hansen--present Miller--present Stakoe--present
Byrnes--present Hildenbrand--present Moolenaar--present Steil--excused
Byrum--present Hood--present Moore--present Stewart--present
Casperson--present Hoogendyk--present Mortimer--present Taub--present
Caswell--present Hopgood--present Murphy--present Tobocman--present
Caul--present Huizenga--present Newell--present Vagnozzi--present
Cheeks--present Hummel--present Nitz--present Van Regenmorter--present
Clack--present Hune--present Nofs--present Vander Veen--present
Clemente--present Hunter--present Palmer--present Walker--present
Condino--present Jones, Hayes--present Palsrok--present Ward--present
Cushingberry--present Jones, Rick--present Pastor--present Waters--present
DeRoche--present Kahn--present Pavlov--present Wenke--present
Dillon--present Kolb--present Pearce--present Williams--present
Donigan--present Kooiman--present Plakas--present Wojno--present
Drolet--present LaJoy--present Polidori--present Zelenko--present
Ebli--excused Law, David--present
e/d/s = entered during session
Rep. Glenn S. Anderson, from the 18th District, offered the following invocation:
"Heavenly Father, we stand before You this day blessed to be entrusted with this great opportunity to serve You and the people of this great State.
We acknowledge the significance of this responsibility and ask You to guide us to wisdom, good stewardship, and accountability.
In the things in which we agree, we ask Your blessing according to Your sovereign Will. In the things in which we do not, grant us the grace to act uprightly and guide us beyond our politics and agendas to the greatest good and the best interests of the people of this great State.
We ask You to guide and watch over those who have devoted their lives to the leadership and service of this State and our Nation. We ask this especially for our military, their families and loved ones.
We also ask Your blessing on all those who will move on to other endeavors after this legislative session ends.
We ask that our lives and actions would reflect Your character, priorities and purposes.
In Your holy name we pray, Amen."
______
Rep. Sak moved that Rep. Ebli be excused from today's session.
The motion prevailed.
Rep. Palmer moved that Rep. Steil be excused from today's session.
The motion prevailed.
Notices
Rep. Nofs, 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 Nos. 1231 and 1271. Had I been present, I would have voted 'yea'."
Rep. Byrum, 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 Nos. 1249-1251. Had I been present, I would have voted 'yea' on Roll Call Nos. 1249 and 1251 and 'nay' on Roll Call No. 1250."
______
The Speaker Pro Tempore assumed the Chair.
Rep. Sak moved that Rep. Dillon be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Select Committees
The Speaker laid before the House the conference report relative to
House Bill No. 5453, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 52512.
(The conference report was reported by the conference committee on December 13, consideration of which, under the rules, was postponed until today.)
(For conference report, see House Journal No. 94, p. 3123.)
The question being on the adoption of the conference report,
The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1273 Yeas--98
Accavitti Drolet LaJoy Polidori
Acciavatti Elsenheimer Law, David Proos
Adamini Emmons Leland Robertson
Amos Espinoza Lemmons, Jr. Rocca
Anderson Farhat Marleau Sak
Angerer Farrah Mayes Schuitmaker
Ball Gaffney McConico Shaffer
Baxter Garfield McDowell Sheen
Bennett Gillard Meadows Sheltrown
Bieda Gleason Meisner Smith, Virgil
Booher Gonzales Meyer Spade
Brandenburg Gosselin Moolenaar Stahl
Brown Green Moore Stakoe
Byrnes Hansen Mortimer Stewart
Byrum Hildenbrand Murphy Taub
Casperson Hood Newell Van Regenmorter
Caswell Hoogendyk Nitz Vander Veen
Caul Hopgood Nofs Walker
Cheeks Huizenga Palmer Ward
Clack Hummel Palsrok Waters
Clemente Hune Pastor Wenke
Condino Jones, Hayes Pavlov Williams
Cushingberry Jones, Rick Pearce Wojno
DeRoche Kahn Plakas Zelenko
Donigan Kooiman
Nays--8
Hunter Law, Kathleen Miller Tobocman
Kolb Lipsey Smith, Alma Vagnozzi
In The Chair: Kooiman
Second Reading of Bills
Senate Bill No. 647, entitled
A bill to restrict the use and disclosure of certain statements made by law enforcement officers.
The bill was read a second time.
Rep. Ward 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
Senate Bill No. 647, entitled
A bill to restrict the use and disclosure of certain statements made by law enforcement officers.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1274 Yeas--106
Accavitti Emmons Law, Kathleen Proos
Acciavatti Espinoza Leland Robertson
Adamini Farhat Lemmons, Jr. Rocca
Amos Farrah Lipsey Sak
Anderson Gaffney Marleau Schuitmaker
Angerer Garfield Mayes Shaffer
Ball Gillard McConico Sheen
Baxter Gleason McDowell Sheltrown
Bennett Gonzales Meadows Smith, Alma
Bieda Gosselin Meisner Smith, Virgil
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Cheeks Hune Nofs Vander Veen
Clack Hunter Palmer Walker
Clemente Jones, Hayes Palsrok Ward
Condino Jones, Rick Pastor Waters
Cushingberry Kahn Pavlov Wenke
DeRoche Kolb Pearce Williams
Donigan Kooiman Plakas Wojno
Drolet LaJoy Polidori Zelenko
Elsenheimer Law, David
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.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 6004, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 614, 620, 622a, 623a, 1267, and 1274 (MCL 380.614, 380.620, 380.622a, 380.623a, 380.1267, and 380.1274), section 614 as amended by 2004 PA419, section 620 as added by 2004 PA 413, section 622a as added by 2004 PA 412, sections 623a and 1274 as amended by 2004 PA 588, and section 1267 as amended by 2004 PA 232.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill 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 sections 504a, 524, 614, 620, 622a, 623a, 634, 686, 1267, and 1274 (MCL 380.504a, 380.524, 380.614, 380.620, 380.622a, 380.623a, 380.634, 380.686, 380.1267, and 380.1274), section 504a as amended and section 524 as added by 2003 PA 179, section 614 as amended and section 634 as added by 2004 PA 419, section 620 as added by 2004 PA 413, section 622a as added by 2004 PA 412, sections 623a and 1274 as amended by 2004 PA 588, and section 1267 as amended by 2004 PA 232.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-3) made to the bill by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1275 Yeas--58
Acciavatti Garfield Meyer Rocca
Amos Gosselin Moolenaar Schuitmaker
Ball Green Moore Shaffer
Baxter Hansen Mortimer Sheen
Booher Hildenbrand Newell Sheltrown
Brandenburg Hoogendyk Nitz Stahl
Casperson Huizenga Nofs Stakoe
Caswell Hummel Palmer Stewart
Caul Hune Palsrok Taub
DeRoche Jones, Rick Pastor Van Regenmorter
Drolet Kahn Pavlov Vander Veen
Elsenheimer Kooiman Pearce Walker
Emmons LaJoy Proos Ward
Farhat Law, David Robertson Wenke
Gaffney Marleau
Nays--49
Accavitti Cushingberry Kolb Plakas
Adamini Dillon Law, Kathleen Polidori
Anderson Donigan Leland Sak
Angerer Espinoza Lemmons, Jr. Smith, Alma
Bennett Farrah Lipsey Smith, Virgil
Bieda Gillard Mayes Spade
Brown Gleason McConico Tobocman
Byrnes Gonzales McDowell Vagnozzi
Byrum Hood Meadows Waters
Cheeks Hopgood Meisner Williams
Clack Hunter Miller Wojno
Clemente Jones, Hayes Murphy Zelenko
Condino
In The Chair: Kooiman
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Senate returned, in accordance with the request of the House
House Bill No. 6323, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7405, 12601, 12604a, 12607, 12611, 12613, 17702, 17703, 17708, 17709, 17745, 17751, and 17763 (MCL 333.7405, 333.12601, 333.12604a, 333.12607, 333.12611, 333.12613, 333.17702, 333.17703, 333.17708, 333.17709, 333.17745, 333.17751, and 333.17763), section 7405 as amended by 2004 PA 536, sections 12601 and 12613 as amended and section 12604a as added by 1988 PA 315, section 12607 as amended by 1988 PA 296, section 12611 as amended by 1993 PA 217, section 17702 as amended by 1986 PA 304, section 17703 as amended by 1992 PA 281, sections 17708, 17751, and 17763 as amended by 2005 PA 85, and section 17745 as amended by 1997 PA 186, and by adding section 17754.
(The bill was passed on November 28, see House Journal No. 87, p. 2730.)
Rep. Ward moved that Rule 67 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Ward moved to reconsider the vote by which the House passed the bill.
The motion prevailed, a majority of the members present voting therefor.
______
Rep. Hummel moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
Third Reading of Bills
House Bill No. 6323, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7405, 12601, 12604a, 12607, 12611, 12613, 17702, 17703, 17708, 17709, 17745, 17751, and 17763 (MCL 333.7405, 333.12601, 333.12604a, 333.12607, 333.12611, 333.12613, 333.17702, 333.17703, 333.17708, 333.17709, 333.17745, 333.17751, and 333.17763), section 7405 as amended by 2004 PA 536, sections 12601 and 12613 as amended and section 12604a as added by 1988 PA 315, section 12607 as amended by 1988 PA 296, section 12611 as amended by 1993 PA 217, section 17702 as amended by 1986 PA 304, section 17703 as amended by 1992 PA 281, sections 17708, 17751, and 17763 as amended by 2005 PA 85, and section 17745 as amended by 1997 PA 186, and by adding section 17754.
The question being on the passage of the bill,
Rep. Newell moved to substitute (H-3) the bill.
The motion was seconded and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1276 Yeas--106
Accavitti Emmons Law, Kathleen Proos
Acciavatti Espinoza Leland Robertson
Adamini Farhat Lemmons, Jr. Rocca
Amos Farrah Lipsey Sak
Anderson Gaffney Marleau Schuitmaker
Angerer Garfield Mayes Shaffer
Ball Gillard McConico Sheen
Baxter Gleason McDowell Sheltrown
Bennett Gonzales Meadows Smith, Alma
Bieda Gosselin Meisner Smith, Virgil
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Cheeks Hune Nofs Vander Veen
Clack Hunter Palmer Walker
Clemente Jones, Hayes Palsrok Ward
Condino Jones, Rick Pastor Waters
Cushingberry Kahn Pavlov Wenke
Dillon Kolb Pearce Williams
Donigan Kooiman Plakas Wojno
Drolet LaJoy Polidori Zelenko
Elsenheimer Law, David
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 1978 PA 368, entitled "Public health code," by amending sections 7405, 17702, 17703, 17708, 17709, 17745, 17751, and 17763 (MCL 333.7405, 333.17702, 333.17703, 333.17708, 333.17709, 333.17745, 333.17751, and 333.17763), section 7405 as amended by 2004 PA 536, section 17702 as amended by 1986 PA 304, section 17703 as amended by 1992 PA 281, sections 17708, 17751, and 17763 as amended by 2005 PA 85, and section17745 as amended by 1997 PA 186, and by adding section 17754.
The motion prevailed.
The House agreed to the title as amended.
Senate Bill No. 102, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," (MCL 791.201 to 791.283) by adding section20d.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1277 Yeas--104
Accavitti Elsenheimer LaJoy Polidori
Acciavatti Emmons Law, David Proos
Adamini Espinoza Law, Kathleen Robertson
Amos Farhat Leland Rocca
Anderson Farrah Lemmons, Jr. Sak
Angerer Gaffney Lipsey Schuitmaker
Ball Garfield Marleau Shaffer
Baxter Gillard Mayes Sheen
Bennett Gleason McConico Sheltrown
Bieda Gonzales McDowell Smith, Alma
Booher Gosselin Meadows Smith, Virgil
Brandenburg Green Meisner Spade
Brown Hansen Meyer Stahl
Byrnes Hildenbrand Miller Stakoe
Casperson Hood Moolenaar Taub
Caswell Hoogendyk Moore Tobocman
Caul Hopgood Mortimer Vagnozzi
Cheeks Huizenga Murphy Van Regenmorter
Clack Hummel Nitz Vander Veen
Clemente Hune Nofs Walker
Condino Hunter Palmer Ward
Cushingberry Jones, Hayes Palsrok Waters
DeRoche Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Plakas Zelenko
Nays--2
Newell Stewart
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 revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions 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.
Senate Bill No. 1428, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1060 and 1062 (MCL 600.1060 and 600.1062), as added by 2004 PA 224.
(The bill was read a third time and postponed temporarily on December 13, see House Journal No. 94, p. 3098.)
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. 1278 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Plakas Zelenko
Drolet LaJoy Polidori
Nays--0
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 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,"
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. Palmer moved that Reps. DeRoche and Dillon be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 1039, entitled
A bill to amend 2004 PA 175, entitled "Streamlined sales and use tax revenue equalization act," (MCL 205.171 to 205.191) by adding section 14.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1279 Yeas--105
Accavitti Espinoza Law, Kathleen Proos
Acciavatti Farhat Leland Robertson
Adamini Farrah Lemmons, Jr. Rocca
Amos Gaffney Lipsey Sak
Anderson Garfield Marleau Schuitmaker
Angerer Gillard Mayes Shaffer
Ball Gleason McConico Sheen
Baxter Gonzales McDowell Sheltrown
Bennett Gosselin Meadows Smith, Alma
Bieda Green Meisner Smith, Virgil
Booher Hansen Meyer Spade
Brandenburg Hildenbrand Miller Stahl
Brown Hood Moolenaar Stakoe
Byrnes Hoogendyk Moore Stewart
Byrum Hopgood Mortimer Taub
Casperson Huizenga Murphy Tobocman
Caswell Hummel Newell Vagnozzi
Caul Hune Nitz Van Regenmorter
Cheeks Hunter Nofs Vander Veen
Clack Jones, Hayes Palmer Walker
Clemente Jones, Rick Palsrok Ward
Condino Kahn Pastor Waters
Cushingberry Kolb Pavlov Wenke
Donigan Kooiman Pearce Williams
Drolet LaJoy Plakas Wojno
Elsenheimer Law, David Polidori Zelenko
Emmons
Nays--0
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 impose taxes and create credits and refundable credits to modify and equalize the impact of changes made to the general sales tax act and use tax act necessary to bring those taxes into compliance with the streamlined sales tax agreement so this state may participate in the streamlined sales tax system and governing board; to prescribe certain powers and duties of certain state departments; and to provide for the disbursement of certain proceeds,"
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.
Senate Bill No. 649, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 109 (MCL 400.109), as amended by 2002 PA 673.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1280 Yeas--105
Accavitti Espinoza Law, Kathleen Proos
Acciavatti Farhat Leland Robertson
Adamini Farrah Lemmons, Jr. Rocca
Amos Gaffney Lipsey Sak
Anderson Garfield Marleau Schuitmaker
Angerer Gillard Mayes Shaffer
Ball Gleason McConico Sheen
Baxter Gonzales McDowell Sheltrown
Bennett Gosselin Meadows Smith, Alma
Bieda Green Meisner Smith, Virgil
Booher Hansen Meyer Spade
Brandenburg Hildenbrand Miller Stahl
Brown Hood Moolenaar Stakoe
Byrnes Hoogendyk Moore Stewart
Byrum Hopgood Mortimer Taub
Casperson Huizenga Murphy Tobocman
Caswell Hummel Newell Vagnozzi
Caul Hune Nitz Van Regenmorter
Cheeks Hunter Nofs Vander Veen
Clack Jones, Hayes Palmer Walker
Clemente Jones, Rick Palsrok Ward
Condino Kahn Pastor Waters
Cushingberry Kolb Pavlov Wenke
Donigan Kooiman Pearce Williams
Drolet LaJoy Plakas Wojno
Elsenheimer Law, David Polidori Zelenko
Emmons
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 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," by amending section 109 (MCL 400.109), as amended by 2006 PA 327.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Sak moved that Rep. McConico be excused temporarily from today's session.
The motion prevailed.
Rep. Pastor moved that Rep. Gaffney be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 926, entitled
A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," by amending section 74 (MCL 125.2074), as amended by 1987 PA 278.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1281 Yeas--104
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Garfield Marleau Shaffer
Ball Gillard Mayes Sheen
Baxter Gleason McDowell Sheltrown
Bennett Gonzales Meadows Smith, Alma
Bieda Gosselin Meisner Smith, Virgil
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Cheeks Hune Nofs Vander Veen
Clack Hunter Palmer Walker
Clemente Jones, Hayes Palsrok Ward
Condino Jones, Rick Pastor Waters
Cushingberry Kahn Pavlov Wenke
Dillon Kolb Pearce Williams
Donigan Kooiman Plakas Wojno
Drolet LaJoy Polidori Zelenko
Nays--0
In The Chair: Kooiman
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts,"
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.
Senate Bill No. 65, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7jj.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1282 Yeas--106
Accavitti Emmons Law, Kathleen Proos
Acciavatti Espinoza Leland Robertson
Adamini Farhat Lemmons, Jr. Rocca
Amos Farrah Lipsey Sak
Anderson Gaffney Marleau Schuitmaker
Angerer Garfield Mayes Shaffer
Ball Gillard McConico Sheen
Baxter Gleason McDowell Sheltrown
Bennett Gonzales Meadows Smith, Alma
Bieda Gosselin Meisner Smith, Virgil
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Cheeks Hune Nofs Vander Veen
Clack Hunter Palmer Walker
Clemente Jones, Hayes Palsrok Ward
Condino Jones, Rick Pastor Waters
Cushingberry Kahn Pavlov Wenke
Dillon Kolb Pearce Williams
Donigan Kooiman Plakas Wojno
Drolet LaJoy Polidori Zelenko
Elsenheimer Law, David
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 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," (MCL 211.1 to 211.157) by adding section 7kk.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 454, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 174 (MCL 750.174), as amended by 1998 PA 312.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1283 Yeas--106
Accavitti Emmons Law, Kathleen Proos
Acciavatti Espinoza Leland Robertson
Adamini Farhat Lemmons, Jr. Rocca
Amos Farrah Lipsey Sak
Anderson Gaffney Marleau Schuitmaker
Angerer Garfield Mayes Shaffer
Ball Gillard McConico Sheen
Baxter Gleason McDowell Sheltrown
Bennett Gonzales Meadows Smith, Alma
Bieda Gosselin Meisner Smith, Virgil
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Cheeks Hune Nofs Vander Veen
Clack Hunter Palmer Walker
Clemente Jones, Hayes Palsrok Ward
Condino Jones, Rick Pastor Waters
Cushingberry Kahn Pavlov Wenke
Dillon Kolb Pearce Williams
Donigan Kooiman Plakas Wojno
Drolet LaJoy Polidori Zelenko
Elsenheimer Law, David
Nays--0
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 revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,"
The House agreed to the full title.
Senate Bill No. 455, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2006 PA 151.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1284 Yeas--106
Accavitti Emmons Law, Kathleen Proos
Acciavatti Espinoza Leland Robertson
Adamini Farhat Lemmons, Jr. Rocca
Amos Farrah Lipsey Sak
Anderson Gaffney Marleau Schuitmaker
Angerer Garfield Mayes Shaffer
Ball Gillard McConico Sheen
Baxter Gleason McDowell Sheltrown
Bennett Gonzales Meadows Smith, Alma
Bieda Gosselin Meisner Smith, Virgil
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Cheeks Hune Nofs Vander Veen
Clack Hunter Palmer Walker
Clemente Jones, Hayes Palsrok Ward
Condino Jones, Rick Pastor Waters
Cushingberry Kahn Pavlov Wenke
Dillon Kolb Pearce Williams
Donigan Kooiman Plakas Wojno
Drolet LaJoy Polidori Zelenko
Elsenheimer Law, David
Nays--0
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 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,"
The House agreed to the full title.
Senate Bill No. 1032, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1 of chapter XI (MCL 771.1), as amended by 2004 PA 219.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1285 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Plakas Zelenko
Drolet LaJoy Polidori
Nays--0
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 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,"
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. Sak moved that Rep. Kolb be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 1203, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 3240 and 3241a (MCL 600.3240 and 600.3241a), section 3240 as amended by 2004 PA 538 and section 3241a as added by 1986 PA 94.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1286 Yeas--105
Accavitti Emmons Law, Kathleen Proos
Acciavatti Espinoza Leland Robertson
Amos Farhat Lemmons, Jr. Rocca
Anderson Farrah Lipsey Sak
Angerer Gaffney Marleau Schuitmaker
Ball Garfield Mayes Shaffer
Baxter Gillard McConico Sheen
Bennett Gleason McDowell Sheltrown
Bieda Gonzales Meadows Smith, Alma
Booher Gosselin Meisner Smith, Virgil
Brandenburg Green Meyer Spade
Brown Hansen Miller Stahl
Byrnes Hildenbrand Moolenaar Stakoe
Byrum Hood Moore Stewart
Casperson Hoogendyk Mortimer Taub
Caswell Hopgood Murphy Tobocman
Caul Huizenga Newell Vagnozzi
Cheeks Hummel Nitz Van Regenmorter
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones, Hayes Palsrok Ward
Cushingberry Jones, Rick Pastor Waters
DeRoche Kahn Pavlov Wenke
Dillon Kooiman Pearce Williams
Donigan LaJoy Plakas Wojno
Drolet Law, David Polidori Zelenko
Elsenheimer
Nays--1
Adamini
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 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,"
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.
Senate Bill No. 309, entitled
A bill to amend 2004 PA 452, entitled "Identity theft protection act," by amending the title and section 3 (MCL 445.63) and by adding sections 12, 12a, and 12b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1287 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Plakas Zelenko
Drolet LaJoy Polidori
Nays--0
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 prohibit certain acts and practices concerning identity theft; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,"
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.
Senate Bill No. 1274, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20906, 20910, and 20919 (MCL 333.20906, 333.20910, and 333.20919), section 20906 as amended by 2004 PA 6, section 20910 as amended by 2004 PA 582, and section 20919 as amended by 2003 PA 233, and by adding section 20911; and to repeal acts and parts of acts.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Gaffney moved to amend the bill as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"Sec. 17521. (1) The Michigan board of osteopathic medicine and surgery is created in the department and shall consist of the following 911 voting members who shall meet the requirements of part 161: 57 physicians, 1physician's assistant, and 3 public members.
(2) The requirement of section 16135(d) that a board member shall have practiced that profession for 2 years immediately before appointment is waived until September 30, 1980 for members of the board who are licensed in a health profession subfield created by this part. The Michigan board of osteopathic medicine and surgery does not have the powers and duties vested in the task force by sections 17060 to 17084.".
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1288 Yeas--103
Accavitti Elsenheimer Law, Kathleen Proos
Acciavatti Emmons Leland Robertson
Adamini Espinoza Lemmons, Jr. Rocca
Amos Farhat Lipsey Sak
Anderson Farrah Marleau Schuitmaker
Angerer Gaffney Mayes Shaffer
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meadows Smith, Virgil
Bieda Gonzales Meisner Spade
Booher Green Meyer Stahl
Brandenburg Hansen Miller Stakoe
Brown Hildenbrand Moolenaar Stewart
Byrnes Hood Moore Taub
Byrum Hopgood Mortimer Tobocman
Casperson Huizenga Murphy Vagnozzi
Caswell Hummel Newell Van Regenmorter
Caul Hune Nitz Vander Veen
Cheeks Hunter Nofs Walker
Clack Jones, Hayes Palmer Ward
Clemente Jones, Rick Palsrok Waters
Condino Kahn Pastor Wenke
Cushingberry Kolb Pavlov Williams
DeRoche Kooiman Pearce Wojno
Dillon LaJoy Plakas Zelenko
Donigan Law, David Polidori
Nays--4
Drolet Gosselin Hoogendyk Sheen
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 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 sections 17521, 20906, 20910, and 20919 (MCL 333.17521, 333.20906, 333.20910, and 333.20919), section 17521 as amended by 1993 PA 138, section 20906 as amended by 2004 PA 6, section 20910 as amended by 2004 PA 582, and section 20919 as amended by 2003 PA 233, and by adding section 20911; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Pending the Third Reading of
Senate Bill No. 1017, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections75, 85, and 91 (MCL 38.1375, 38.1385, and 38.1391), section 75 as amended by 1989 PA 194, section 85 as amended by 2002 PA 94, and section 91 as amended by 2004 PA 117.
Rep. Ward moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.
The motion prevailed, a majority of the members present voting therefor.
Second Reading of Bills
Senate Bill No. 1017, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections75, 85, and 91 (MCL 38.1375, 38.1385, and 38.1391), section 75 as amended by 1989 PA 194, section 85 as amended by 2002 PA 94, and section 91 as amended by 2004 PA 117.
Rep. Ward moved to reconsider the vote by which the House adopted the substitute (H-1) offered previously by Rep.Palmer.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the substitute (H-1) offered previously by Rep. Palmer,
The substitute (H-1) 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.
Rep. Ward moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Rep. Sak moved that Rep. Dillon be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1017, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 75, 85, and 91 (MCL 38.1375, 38.1385, and 38.1391), section 75 as amended by 1989 PA 194, section 85 as amended by 2002 PA 94, and section 91 as amended by 2004 PA 117.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1289 Yeas--104
Accavitti Elsenheimer LaJoy Polidori
Acciavatti Emmons Law, David Proos
Adamini Espinoza Law, Kathleen Robertson
Amos Farhat Leland Rocca
Anderson Farrah Lemmons, Jr. Sak
Angerer Gaffney Lipsey Schuitmaker
Ball Garfield Marleau Shaffer
Baxter Gillard Mayes Sheen
Bennett Gleason McConico Sheltrown
Bieda Gonzales McDowell Smith, Alma
Booher Gosselin Meadows Smith, Virgil
Brandenburg Green Meisner Spade
Brown Hansen Meyer Stahl
Byrnes Hildenbrand Miller Stakoe
Byrum Hood Moolenaar Stewart
Casperson Hoogendyk Moore Taub
Caswell Hopgood Mortimer Tobocman
Caul Huizenga Murphy Vagnozzi
Cheeks Hummel Newell Van Regenmorter
Clack Hune Nitz Vander Veen
Clemente Hunter Nofs Walker
Condino Jones, Hayes Palmer Ward
Cushingberry Jones, Rick Palsrok Waters
DeRoche Kahn Pastor Williams
Donigan Kolb Pavlov Wojno
Drolet Kooiman Plakas Zelenko
Nays--2
Pearce Wenke
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 provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,"
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.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 6392, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16184 and 16185 (MCL 333.16184 and 333.16185), section 16184 as added by 2006 PA 24 and section 16185 as added by 2006 PA 25.
(The bill was received from the Senate on December 13, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p.3129.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1290 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Plakas Zelenko
Drolet LaJoy Polidori
Nays--0
In The Chair: Kooiman
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 6173, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230, 1230a, 1230c, 1230d, 1230g, 1535a, and 1539b (MCL 380.1230, 380.1230a, 380.1230c, 380.1230d, 380.1230g, 380.1535a, and 380.1539b), as amended by 2006 PA 84, and by adding section 1230e.
(The bill was received from the Senate on December 13, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p.3128.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1291 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Plakas Zelenko
Drolet LaJoy Polidori
Nays--0
In The Chair: Kooiman
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
Senate Bill No. 803, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 8 (MCL 211.8), as amended by 2002 PA 620.
The bill was read a second time.
Rep. Ward 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
Senate Bill No. 803, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 8 (MCL 211.8), as amended by 2002 PA 620.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1292 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Plakas Zelenko
Drolet LaJoy Polidori
Nays--0
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 provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,"
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Ward moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 1292.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 466, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 111b (MCL 400.111b), as amended by 2000 PA 187.
The bill was read a second time.
Rep. Ward 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
Senate Bill No. 466, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 111b (MCL 400.111b), as amended by 2000 PA 187.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1293 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Plakas Zelenko
Drolet LaJoy Polidori
Nays--0
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 protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,"
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.
Second Reading of Bills
Senate Bill No. 583, entitled
A bill to amend 2002 PA 593, entitled "Michigan next energy authority act," by amending section 2 (MCL 207.822).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Energy and Technology,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ward 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
Senate Bill No. 583, entitled
A bill to amend 2002 PA 593, entitled "Michigan next energy authority act," by amending section 2 (MCL 207.822).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1294 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Plakas Zelenko
Drolet LaJoy Polidori
Nays--0
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 create and provide for the operation of the Michigan next energy authority; to provide for the powers and duties of the authority; to promote alternative energy technology and economic growth; and to exempt property of an authority from tax,"
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.
Second Reading of Bills
Senate Bill No. 584, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8a (MCL 125.2688a), as amended by 2006 PA 116.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Energy and Technology,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ward 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
Senate Bill No. 584, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8a (MCL 125.2688a), as amended by 2006 PA 116.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1295 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Plakas Zelenko
Drolet LaJoy Polidori
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 8a (MCL 125.2688a), as amended by 2006 PA 440.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1353, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2681.
The bill was read a second time.
Rep. Ward 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
Senate Bill No. 1353, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2681.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1296 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Plakas Zelenko
Drolet LaJoy Polidori
Nays--0
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 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,"
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.
Second Reading of Bills
Senate Bill No. 1354, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2683.
The bill was read a second time.
Rep. Gaffney moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ward 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
Senate Bill No. 1354, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2683.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1297 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Plakas Zelenko
Drolet LaJoy Polidori
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 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," (MCL 333.1101 to 333.25211) by adding section 2683a.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6660, entitled
A bill to amend 1964 PA 183, entitled "An act creating the state building authority with power to acquire, construct, furnish, equip, own, improve, enlarge, operate, mortgage, and maintain facilities for the use of the state or any of its agencies; to act as a developer or co-owner of facilities as a condominium project for the use of the state or any of its agencies; to authorize the execution of leases pertaining to those facilities by the building authority with the state or any of its agencies; to authorize the payment of true rentals by the state; to provide for the issuance of revenue obligations by the building authority to be paid from the true rentals to be paid by the state and other resources and security provided for and pledged by the building authority; to authorize the creation of funds; to authorize the conveyance of lands by the state or any of its agencies for the purposes authorized in this act; to authorize the appointment of a trustee for bondholders; to permit remedies for the benefit of parties in interest; to provide for other powers and duties of the authority; and to provide for other matters in relation to the authority and its obligations," by amending section 8 (MCL 830.418), as amended by 2002 PA 382.
The bill was read a second time.
Rep. Farhat moved to substitute (H-1) the bill.
The question being on the adoption of the substitute (H-1) offered by Rep. Farhat,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Senate Bill No. 59, entitled
A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending section 7 (MCL 551.7), as amended by 2006 PA 419.
The bill was read a second time.
Rep. Ward 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. Ward moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 59, entitled
A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending section 7 (MCL 551.7), as amended by 2006 PA 419.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1298 Yeas--71
Acciavatti Cushingberry Kolb Robertson
Adamini Dillon LaJoy Rocca
Amos Donigan Law, David Sak
Anderson Drolet Law, Kathleen Sheltrown
Angerer Emmons Leland Smith, Alma
Ball Espinoza Lemmons, Jr. Smith, Virgil
Baxter Farrah Lipsey Spade
Bennett Gaffney Marleau Stakoe
Booher Garfield Mayes Stewart
Brandenburg Gillard McConico Tobocman
Brown Gleason McDowell Vagnozzi
Byrnes Gonzales Meadows Van Regenmorter
Byrum Green Meisner Ward
Casperson Hood Miller Waters
Cheeks Hopgood Mortimer Wenke
Clack Hune Murphy Williams
Clemente Hunter Plakas Zelenko
Condino Kahn Polidori
Nays--35
Accavitti Hoogendyk Newell Schuitmaker
Bieda Huizenga Nitz Shaffer
Caswell Hummel Nofs Sheen
Caul Jones, Hayes Palmer Stahl
Elsenheimer Jones, Rick Palsrok Taub
Farhat Kooiman Pastor Vander Veen
Gosselin Meyer Pavlov Walker
Hansen Moolenaar Pearce Wojno
Hildenbrand Moore Proos
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.
Second Reading of Bills
Senate Bill No. 775, entitled
A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending sections 24, 26, 28, 59a, and 79 (MCL 38.1024, 38.1026, 38.1028, 38.1059a, and 38.1079), section 24 as amended by 1987 PA 58, sections 26 and 59a as amended by 2002 PA 97, section 28 as amended by 1981 PA 123, and section 79 as amended by 1998 PA 501.
The bill was read a second time.
Rep. Ward 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
Senate Bill No. 775, entitled
A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending sections 24, 26, 28, 59a, and 79 (MCL 38.1024, 38.1026, 38.1028, 38.1059a, and 38.1079), section 24 as amended by 1987 PA 58, sections 26 and 59a as amended by 2002 PA 97, section 28 as amended by 1981 PA 123, and section 79 as amended by 1998 PA 501.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1299 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Plakas Zelenko
Drolet LaJoy Polidori
Nays--0
In The Chair: Kooiman
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act for the creation, maintenance, and administration of a legislative members' and presiding officers' retirement system within the legislature; to provide retirement allowances to the participants of the retirement system, and survivors' allowances and other benefits to their beneficiaries upon death; to exempt those allowances and benefits from certain taxes and legal processes; to establish certain funds in connection with the retirement system; to authorize and make appropriations for the retirement system; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; and to prescribe penalties and provide remedies,"
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.
Second Reading of Bills
The House returned to the consideration of
House Bill No. 6660, entitled
A bill to amend 1964 PA 183, entitled "An act creating the state building authority with power to acquire, construct, furnish, equip, own, improve, enlarge, operate, mortgage, and maintain facilities for the use of the state or any of its agencies; to act as a developer or co-owner of facilities as a condominium project for the use of the state or any of its agencies; to authorize the execution of leases pertaining to those facilities by the building authority with the state or any of its agencies; to authorize the payment of true rentals by the state; to provide for the issuance of revenue obligations by the building authority to be paid from the true rentals to be paid by the state and other resources and security provided for and pledged by the building authority; to authorize the creation of funds; to authorize the conveyance of lands by the state or any of its agencies for the purposes authorized in this act; to authorize the appointment of a trustee for bondholders; to permit remedies for the benefit of parties in interest; to provide for other powers and duties of the authority; and to provide for other matters in relation to the authority and its obligations," by amending section 8 (MCL 830.418), as amended by 2002 PA 382.
(The bill was considered earlier today, see today's Journal, p. 3161.)
The question being on the adoption of the substitute (H-1) offered previously by Rep. Farhat,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Farhat moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Hood moved that Rep. Plakas be excused from the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1106, entitled
A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending sections 2, 3, and 3a (MCL 551.102, 551.103, and 551.103a), section 2 as amended by 1998 PA 333, section 3 as amended by 1984 PA 346, and section 3a as amended by 1989 PA 270.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1300 Yeas--77
Acciavatti Donigan Kooiman Sak
Adamini Emmons LaJoy Schuitmaker
Amos Espinoza Law, David Sheen
Anderson Farhat Law, Kathleen Sheltrown
Angerer Farrah Leland Smith, Alma
Ball Gaffney Lemmons, Jr. Smith, Virgil
Bieda Gillard Lipsey Spade
Booher Gleason Mayes Stakoe
Brandenburg Gonzales McConico Stewart
Brown Hansen McDowell Taub
Byrnes Hildenbrand Meadows Tobocman
Byrum Hood Mortimer Vagnozzi
Casperson Hopgood Murphy Van Regenmorter
Cheeks Huizenga Newell Vander Veen
Clack Hune Nitz Waters
Clemente Hunter Nofs Wenke
Condino Jones, Hayes Palsrok Williams
Cushingberry Jones, Rick Pavlov Wojno
DeRoche Kolb Polidori Zelenko
Dillon
Nays--29
Accavitti Gosselin Meyer Proos
Baxter Green Miller Robertson
Bennett Hoogendyk Moolenaar Rocca
Caswell Hummel Moore Shaffer
Caul Kahn Palmer Stahl
Drolet Marleau Pastor Walker
Elsenheimer Meisner Pearce Ward
Garfield
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 891, entitled
A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending the title and sections 1, 3, 13, and 28 (MCL 205.1, 205.3, 205.13, and 205.28), the title and section 1 as amended by 2002 PA 657, section 3 as amended by 2003 PA 92, section 13 as amended by 1996 PA 479, and section 28 as amended by 2003 PA 114.
The bill was read a second time.
Rep. Hildenbrand moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Hildenbrand moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 891, entitled
A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending the title and sections 1, 3, 13, and 28 (MCL 205.1, 205.3, 205.13, and 205.28), the title and section 1 as amended by 2002 PA 657, section 3 as amended by 2003 PA 92, section 13 as amended by 1996 PA 479, and section 28 as amended by 2003 PA 114.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1301 Yeas--106
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Polidori Zelenko
Drolet LaJoy
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Lemmons, III entered the House Chambers.
Second Reading of Bills
Senate Bill No. 1253, 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," (MCL 722.111 to 722.128) by adding sections 3f and 5h.
The bill was read a second time.
Rep. Spade moved to amend the bill as follows:
1. Amend page 1, line 1, after "SUBSECTION" by striking out "(5)" and inserting "(6)".
2. Amend page 1, line 6, after "OF" by striking out the balance of the subsection and inserting "1 OR MORE OF THE FOLLOWING:
(A) CHILDREN WHO WERE UNDER THE CHILD CARE ORGANIZATION'S CARE AT THE SITE AND THE TIME THE INCIDENT BEING INVESTIGATED OCCURRED.
(B) IF THE INDIVIDUAL BEING INVESTIGATED IS STILL PRESENT AT THE CHILD CARE ORGANIZATION AT THE TIME OF THE INVESTIGATION, CHILDREN WHO HAVE OR WILL COME INTO CONTACT WITH THE INDIVIDUAL BEING INVESTIGATED AS LONG AS THAT INDIVIDUAL IS PRESENT AT THE CHILD CARE ORGANIZATION.
(2) THE CHILD CARE ORGANIZATION SHALL SEND WRITTEN NOTIFICATION WITHIN 1 BUSINESS DAY AFTER THE INITIAL GOOD FAITH ATTEMPT UNDER SUBSECTION (1) AT ORAL NOTIFICATION. FOR THE PURPOSE OF THIS SUBSECTION, WRITTEN NOTIFICATION SHALL BE GIVEN BY 1 OF THE FOLLOWING:
(A) MAIL SERVICE.
(B) FACSIMILE TRANSMISSION.
(C) ELECTRONIC MAIL." and renumbering the remaining subsections.
3. Amend page 2, line 16, after "(1)" by inserting "OR (2)".
4. Amend page 2, line 25, by striking out "SUBSECTION (1)" and inserting "SUBSECTIONS (1) AND (2)".
5. Amend page 2, line 27, after "SUBSECTION" by striking out "(3)" and inserting "(4)".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Pearce moved to amend the bill as follows:
1. Amend page 3, following line 3, by inserting:
"(6) FOR THE PURPOSE OF THIS SECTION, "SPECIAL INVESTIGATION THAT THE DEPARTMENT CLASSIFIES AS HIGH RISK" MEANS AN INVESTIGATION IN WHICH THE DEPARTMENT BECOMES AWARE THAT 1 OR MORE OF THE CONDITIONS LISTED IN SECTION8(3)(A) TO (C) OF THE CHILD PROTECTION LAW, 1975 PA 238, MCL 722.628, EXIST.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Pearce moved to amend the bill as follows:
1. Amend page 3, line 1, after "TO" by striking out the balance of the line through "IS" on line 2.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Hildenbrand moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Hildenbrand moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1253, 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," (MCL 722.111 to 722.128) by adding sections 3f and 5h.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1302 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, III Sak
Anderson Farrah Lemmons, Jr. Schuitmaker
Angerer Gaffney Lipsey Shaffer
Ball Garfield Marleau Sheen
Baxter Gillard Mayes Sheltrown
Bennett Gleason McConico Smith, Alma
Bieda Gonzales McDowell Smith, Virgil
Booher Gosselin Meadows Spade
Brandenburg Green Meisner Stahl
Brown Hansen Meyer Stakoe
Byrnes Hildenbrand Miller Stewart
Byrum Hood Moolenaar Taub
Casperson Hoogendyk Moore Tobocman
Caswell Hopgood Mortimer Vagnozzi
Caul Huizenga Murphy Van Regenmorter
Cheeks Hummel Newell Vander Veen
Clack Hune Nitz Walker
Clemente Hunter Nofs Ward
Condino Jones, Hayes Palmer Waters
Cushingberry Jones, Rick Palsrok Wenke
DeRoche Kahn Pastor Williams
Dillon Kolb Pavlov Wojno
Donigan Kooiman Pearce Zelenko
Drolet LaJoy Polidori
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1254, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8d (MCL 722.628d), as amended by 2002 PA 661.
The bill was read a second time.
Rep. Hildenbrand moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Hildenbrand moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1254, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8d (MCL 722.628d), as amended by 2002 PA 661.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1303 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, III Sak
Anderson Farrah Lemmons, Jr. Schuitmaker
Angerer Gaffney Lipsey Shaffer
Ball Garfield Marleau Sheen
Baxter Gillard Mayes Sheltrown
Bennett Gleason McConico Smith, Alma
Bieda Gonzales McDowell Smith, Virgil
Booher Gosselin Meadows Spade
Brandenburg Green Meisner Stahl
Brown Hansen Meyer Stakoe
Byrnes Hildenbrand Miller Stewart
Byrum Hood Moolenaar Taub
Casperson Hoogendyk Moore Tobocman
Caswell Hopgood Mortimer Vagnozzi
Caul Huizenga Murphy Van Regenmorter
Cheeks Hummel Newell Vander Veen
Clack Hune Nitz Walker
Clemente Hunter Nofs Ward
Condino Jones, Hayes Palmer Waters
Cushingberry Jones, Rick Palsrok Wenke
DeRoche Kahn Pastor Williams
Dillon Kolb Pavlov Wojno
Donigan Kooiman Pearce Zelenko
Drolet LaJoy Polidori
Nays--0
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 require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,"
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.
Second Reading of Bills
Senate Bill No. 1410, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 3 and 8 (MCL 722.623 and 722.628), section 3 as amended by 2006 PA 264 and section 8 as amended by 2006 PA 256.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Family and Children Services (for amendments, see House Journal No. 93, p.3032),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Hildenbrand moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Hildenbrand moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1410, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 3 and 8 (MCL 722.623 and 722.628), section 3 as amended by 2006 PA 264 and section 8 as amended by 2006 PA 256.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1304 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, III Sak
Anderson Farrah Lemmons, Jr. Schuitmaker
Angerer Gaffney Lipsey Shaffer
Ball Garfield Marleau Sheen
Baxter Gillard Mayes Sheltrown
Bennett Gleason McConico Smith, Alma
Bieda Gonzales McDowell Smith, Virgil
Booher Gosselin Meadows Spade
Brandenburg Green Meisner Stahl
Brown Hansen Meyer Stakoe
Byrnes Hildenbrand Miller Stewart
Byrum Hood Moolenaar Taub
Casperson Hoogendyk Moore Tobocman
Caswell Hopgood Mortimer Vagnozzi
Caul Huizenga Murphy Van Regenmorter
Cheeks Hummel Newell Vander Veen
Clack Hune Nitz Walker
Clemente Hunter Nofs Ward
Condino Jones, Hayes Palmer Waters
Cushingberry Jones, Rick Palsrok Wenke
DeRoche Kahn Pastor Williams
Dillon Kolb Pavlov Wojno
Donigan Kooiman Pearce Zelenko
Drolet LaJoy Polidori
Nays--0
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 require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,"
The House agreed to the full title.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1512, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7 (MCL 722.627), as amended by 2004 PA 563.
The bill was read a second time.
Rep. Hildenbrand moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Hildenbrand moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1512, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7 (MCL 722.627), as amended by 2004 PA 563.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1305 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, III Sak
Anderson Farrah Lemmons, Jr. Schuitmaker
Angerer Gaffney Lipsey Shaffer
Ball Garfield Marleau Sheen
Baxter Gillard Mayes Sheltrown
Bennett Gleason McConico Smith, Alma
Bieda Gonzales McDowell Smith, Virgil
Booher Gosselin Meadows Spade
Brandenburg Green Meisner Stahl
Brown Hansen Meyer Stakoe
Byrnes Hildenbrand Miller Stewart
Byrum Hood Moolenaar Taub
Casperson Hoogendyk Moore Tobocman
Caswell Hopgood Mortimer Vagnozzi
Caul Huizenga Murphy Van Regenmorter
Cheeks Hummel Newell Vander Veen
Clack Hune Nitz Walker
Clemente Hunter Nofs Ward
Condino Jones, Hayes Palmer Waters
Cushingberry Jones, Rick Palsrok Wenke
DeRoche Kahn Pastor Williams
Dillon Kolb Pavlov Wojno
Donigan Kooiman Pearce Zelenko
Drolet LaJoy Polidori
Nays--0
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 require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,"
The House agreed to the full title.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1327, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1532 (MCL 380.1532), as amended by 1995 PA 289.
The bill was read a second time.
Rep. Hildenbrand moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Hildenbrand moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1327, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1532 (MCL 380.1532), as amended by 1995 PA 289.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1306 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, III Sak
Anderson Farrah Lemmons, Jr. Schuitmaker
Angerer Gaffney Lipsey Shaffer
Ball Garfield Marleau Sheen
Baxter Gillard Mayes Sheltrown
Bennett Gleason McConico Smith, Alma
Bieda Gonzales McDowell Smith, Virgil
Booher Gosselin Meadows Spade
Brandenburg Green Meisner Stahl
Brown Hansen Meyer Stakoe
Byrnes Hildenbrand Miller Stewart
Byrum Hood Moolenaar Taub
Casperson Hoogendyk Moore Tobocman
Caswell Hopgood Mortimer Vagnozzi
Caul Huizenga Murphy Van Regenmorter
Cheeks Hummel Newell Vander Veen
Clack Hune Nitz Walker
Clemente Hunter Nofs Ward
Condino Jones, Hayes Palmer Waters
Cushingberry Jones, Rick Palsrok Wenke
DeRoche Kahn Pastor Williams
Dillon Kolb Pavlov Wojno
Donigan Kooiman Pearce Zelenko
Drolet LaJoy Polidori
Nays--0
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 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,"
The House agreed to the full title.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1427, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1278b (MCL 380.1278b), as added by 2006 PA 123.
The bill was read a second time.
Rep. Palmer 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. Hopgood moved to amend the bill as follows:
1. Amend page 6, line 25, after "principal." by inserting "IN ADDITION, FOR A PUPIL WHO RECEIVES SPECIAL EDUCATION SERVICES, A SCHOOL PSYCHOLOGIST SHOULD ALSO BE INCLUDED IN THIS GROUP.".
2. Amend page 13, line 13, after "program." by inserting "IN ADDITION, IF THE PUPIL RECEIVES SPECIAL EDUCATION SERVICES, A SCHOOL PSYCHOLOGIST SHOULD ALSO PARTICIPATE IN DEVELOPING THE PUPIL'S EDUCATIONAL DEVELOPMENT PLAN.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Hildenbrand moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Hildenbrand moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1427, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1278b (MCL 380.1278b), as added by 2006 PA 123.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1307 Yeas--103
Accavitti Elsenheimer Law, David Robertson
Acciavatti Emmons Law, Kathleen Rocca
Adamini Espinoza Leland Sak
Amos Farhat Lemmons, III Schuitmaker
Anderson Farrah Lemmons, Jr. Shaffer
Angerer Gaffney Lipsey Sheen
Ball Garfield Marleau Sheltrown
Baxter Gillard Mayes Smith, Alma
Bennett Gleason McConico Smith, Virgil
Bieda Gonzales McDowell Spade
Booher Gosselin Meadows Stahl
Brandenburg Green Meisner Stakoe
Brown Hansen Meyer Stewart
Byrnes Hildenbrand Miller Taub
Byrum Hood Moore Tobocman
Casperson Hoogendyk Mortimer Vagnozzi
Caul Hopgood Murphy Van Regenmorter
Cheeks Huizenga Newell Vander Veen
Clack Hummel Nitz Walker
Clemente Hune Palmer Ward
Condino Hunter Palsrok Waters
Cushingberry Jones, Hayes Pastor Wenke
DeRoche Jones, Rick Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Polidori Zelenko
Drolet LaJoy Proos
Nays--4
Caswell Kahn Moolenaar Nofs
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 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,"
The House agreed to the full title.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5135, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 12, 13, and 20a of chapter VIII, sections 10, 11, and 12 of chapter IX, and section 3 of chapter XI (MCL 768.12, 768.13, 768.20a, 769.10, 769.11, 769.12, and 771.3), section 20a of chapter VIII as amended by 1983 PA 42, sections 10, 11, and 12 of chapterIX as amended by 1998 PA 317, and section 3 of chapter XI as amended by 2004 PA 330; and to repeal acts and parts of acts.
(The bill was received from the Senate on December 6, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 7 see House Journal No.91, p. 2946.)
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1308 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, III Sak
Anderson Farrah Lemmons, Jr. Schuitmaker
Angerer Gaffney Lipsey Shaffer
Ball Garfield Marleau Sheen
Baxter Gillard Mayes Sheltrown
Bennett Gleason McConico Smith, Alma
Bieda Gonzales McDowell Smith, Virgil
Booher Gosselin Meadows Spade
Brandenburg Green Meisner Stahl
Brown Hansen Meyer Stakoe
Byrnes Hildenbrand Miller Stewart
Byrum Hood Moolenaar Taub
Casperson Hoogendyk Moore Tobocman
Caswell Hopgood Mortimer Vagnozzi
Caul Huizenga Murphy Van Regenmorter
Cheeks Hummel Newell Vander Veen
Clack Hune Nitz Walker
Clemente Hunter Nofs Ward
Condino Jones, Hayes Palmer Waters
Cushingberry Jones, Rick Palsrok Wenke
DeRoche Kahn Pastor Williams
Dillon Kolb Pavlov Wojno
Donigan Kooiman Pearce Zelenko
Drolet LaJoy Polidori
Nays--0
In The Chair: Kooiman
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
Senate Concurrent Resolution No. 59.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Glen Oaks Community College relative to the Glen Oaks Community College Science Addition/Allied Health Renovation project.
(For text of concurrent resolution, see House Journal No. 91, p. 2923.)
(The concurrent resolution was received from the Senate, Rule 77 suspended and postponed for the day on December 6, see House Journal No. 91, p. 2923.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1309 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, III Sak
Anderson Farrah Lemmons, Jr. Schuitmaker
Angerer Gaffney Lipsey Shaffer
Ball Garfield Marleau Sheen
Baxter Gillard Mayes Sheltrown
Bennett Gleason McConico Smith, Alma
Bieda Gonzales McDowell Smith, Virgil
Booher Gosselin Meadows Spade
Brandenburg Green Meisner Stahl
Brown Hansen Meyer Stakoe
Byrnes Hildenbrand Miller Stewart
Byrum Hood Moolenaar Taub
Casperson Hoogendyk Moore Tobocman
Caswell Hopgood Mortimer Vagnozzi
Caul Huizenga Murphy Van Regenmorter
Cheeks Hummel Newell Vander Veen
Clack Hune Nitz Walker
Clemente Hunter Nofs Ward
Condino Jones, Hayes Palmer Waters
Cushingberry Jones, Rick Palsrok Wenke
DeRoche Kahn Pastor Williams
Dillon Kolb Pavlov Wojno
Donigan Kooiman Pearce Zelenko
Drolet LaJoy Polidori
Nays--0
In The Chair: Kooiman
The Speaker laid before the House
Senate Concurrent Resolution No. 61.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Northwestern College relative to the Northwestern College Oleson Center Renovations.
(For text of concurrent resolution, see House Journal No. 91, p. 2924.)
(The concurrent resolution was received from the Senate, Rule 77 suspended and postponed for the day on December 6, see House Journal No. 91, p. 2924.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1310 Yeas--107
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, III Sak
Anderson Farrah Lemmons, Jr. Schuitmaker
Angerer Gaffney Lipsey Shaffer
Ball Garfield Marleau Sheen
Baxter Gillard Mayes Sheltrown
Bennett Gleason McConico Smith, Alma
Bieda Gonzales McDowell Smith, Virgil
Booher Gosselin Meadows Spade
Brandenburg Green Meisner Stahl
Brown Hansen Meyer Stakoe
Byrnes Hildenbrand Miller Stewart
Byrum Hood Moolenaar Taub
Casperson Hoogendyk Moore Tobocman
Caswell Hopgood Mortimer Vagnozzi
Caul Huizenga Murphy Van Regenmorter
Cheeks Hummel Newell Vander Veen
Clack Hune Nitz Walker
Clemente Hunter Nofs Ward
Condino Jones, Hayes Palmer Waters
Cushingberry Jones, Rick Palsrok Wenke
DeRoche Kahn Pastor Williams
Dillon Kolb Pavlov Wojno
Donigan Kooiman Pearce Zelenko
Drolet LaJoy Polidori
Nays--0
In The Chair: Kooiman
______
Rep. Sak moved that Rep. Murphy be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
Senate Concurrent Resolution No. 62.
A concurrent resolution approving a lease among the State of Michigan, the State Building Authority, and Michigan Technological University relative to the Michigan Technological University General Campus Renovations (the "Facility").
(For text of concurrent resolution, see House Journal No. 91, p. 2925.)
(The concurrent resolution was received from the Senate, Rule 77 suspended and postponed for the day on December 6, see House Journal No. 91, p. 2925.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1311 Yeas--106
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, III Sak
Anderson Farrah Lemmons, Jr. Schuitmaker
Angerer Gaffney Lipsey Shaffer
Ball Garfield Marleau Sheen
Baxter Gillard Mayes Sheltrown
Bennett Gleason McConico Smith, Alma
Bieda Gonzales McDowell Smith, Virgil
Booher Gosselin Meadows Spade
Brandenburg Green Meisner Stahl
Brown Hansen Meyer Stakoe
Byrnes Hildenbrand Miller Stewart
Byrum Hood Moolenaar Taub
Casperson Hoogendyk Moore Tobocman
Caswell Hopgood Mortimer Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Polidori Zelenko
Drolet LaJoy
Nays--0
In The Chair: Kooiman
______
Rep. Sak moved that Rep. Lemmons, III be excused temporarily from today's session.
The motion prevailed.
Senate Concurrent Resolution No. 60.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Grand Valley State University relative to the Grand Valley State University Padnos College of Engineering.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Control of Grand Valley State University (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Grand Valley State University Padnos College of Engineering (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Grand Valley State University Padnos College of Engineering project shall not exceed $16,000,000 (the Authority share is $11,999,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $4,000,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $11,999,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $815,000 and $1,066,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Control of Grand Valley State University, and the State Budget Director.
The Senate has adopted the concurrent resolution.
Pending the reference of the concurrent resolution to a committee,
Rep. Hildenbrand moved that Rule 77 be suspended and the concurrent resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 1312 Yeas--106
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Polidori Zelenko
Drolet LaJoy
Nays--0
In The Chair: Kooiman
Senate Concurrent Resolution No. 64.
A concurrent resolution to revise the subtotal project costs for the Wayne State University Engineering Development Center project.
Whereas, The Wayne State University Engineering Development Center project was authorized in 2006 PA 345 with a total project cost of $27,350,000; and
Whereas, The subtotal costs for the State Building Authority and Wayne State University need to be revised to reflect the accurate costs of the project. The subtotal revisions do not increase the total project cost as established in 2006 PA 345; and
Whereas, Pursuant to section 246 of 1984 PA 431, as amended, being MCL § 18.1246, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans and construction; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Michigan Legislature, acting pursuant to MCL § 18.1246, revises the subtotal costs for the Wayne State University Engineering Development Center project by increasing the State Building Authority share from $12,350,000 to $14,999,800 and increasing the Wayne State University share from $11,500,000 to $12,350,000, with the General Fund General Purpose share remaining at $200, and the total project cost remaining at an amount not to exceed $27,350,000 and that the legislature intends to continue to appropriate funds for construction subject to the limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further
Resolved, That copies of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and Wayne State University.
The Senate has adopted the concurrent resolution.
Pending the reference of the concurrent resolution to a committee,
Rep. Hildenbrand moved that Rule 77 be suspended and the concurrent resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 1313 Yeas--102
Accavitti Elsenheimer Leland Robertson
Acciavatti Emmons Lemmons, Jr. Rocca
Adamini Espinoza Lipsey Sak
Amos Farhat Marleau Schuitmaker
Anderson Farrah Mayes Shaffer
Angerer Gaffney McConico Sheen
Ball Gillard McDowell Sheltrown
Baxter Gleason Meadows Smith, Alma
Bennett Gonzales Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brandenburg Hildenbrand Moolenaar Stakoe
Brown Hood Moore Stewart
Byrnes Hopgood Mortimer Taub
Byrum Huizenga Murphy Tobocman
Casperson Hummel Newell Vagnozzi
Caswell Hune Nitz Van Regenmorter
Caul Hunter Nofs Vander Veen
Cheeks Jones, Hayes Palmer Walker
Clack Jones, Rick Palsrok Ward
Clemente Kahn Pastor Waters
Condino Kolb Pavlov Wenke
Cushingberry Kooiman Pearce Williams
DeRoche LaJoy Polidori Wojno
Dillon Law, David Proos Zelenko
Donigan Law, Kathleen
Nays--4
Drolet Garfield Gosselin Hoogendyk
In The Chair: Kooiman
The Speaker laid before the House
Senate Concurrent Resolution No. 63.
A concurrent resolution to revise the scope and increase the total project cost of the Technical and Industrial Building Renovations project at Washtenaw Community College.
(For text of concurrent resolution, see House Journal No. 91, p. 2926.)
(The concurrent resolution was received from the Senate, Rule 77 suspended and postponed for the day on December 6, see House Journal No. 91, p. 2926.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1314 Yeas--98
Accavitti Donigan Law, Kathleen Proos
Acciavatti Elsenheimer Leland Robertson
Adamini Emmons Lemmons, Jr. Rocca
Amos Espinoza Lipsey Sak
Anderson Farhat Marleau Schuitmaker
Angerer Farrah Mayes Shaffer
Ball Gaffney McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meadows Smith, Virgil
Bieda Gonzales Meisner Spade
Booher Green Meyer Stahl
Brandenburg Hansen Miller Stakoe
Brown Hildenbrand Moolenaar Stewart
Byrnes Hood Moore Taub
Byrum Hopgood Mortimer Tobocman
Casperson Huizenga Murphy Vagnozzi
Caswell Hummel Newell Van Regenmorter
Caul Hunter Nitz Vander Veen
Cheeks Jones, Hayes Nofs Walker
Clack Jones, Rick Palsrok Ward
Clemente Kahn Pastor Waters
Condino Kolb Pavlov Williams
Cushingberry Kooiman Pearce Wojno
DeRoche LaJoy Polidori Zelenko
Dillon Law, David
Nays--8
Drolet Gosselin Hune Sheen
Garfield Hoogendyk Palmer Wenke
In The Chair: Kooiman
The Speaker laid before the House
House Bill No. 4889, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 733 (MCL 257.733), as amended by 2004 PA 62.
(The bill was received from the Senate on December 12, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 13, see House Journal No.93, p. 3049.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1315 Yeas--81
Adamini Emmons Law, David Pearce
Amos Espinoza Law, Kathleen Polidori
Anderson Farhat Leland Proos
Angerer Farrah Lemmons, Jr. Sak
Ball Gillard Lipsey Schuitmaker
Baxter Gonzales Marleau Shaffer
Bennett Green Mayes Sheltrown
Booher Hansen McConico Spade
Brown Hildenbrand McDowell Stahl
Byrnes Hood Meadows Stakoe
Byrum Hopgood Meisner Stewart
Casperson Huizenga Meyer Tobocman
Caswell Hummel Moore Vagnozzi
Caul Hunter Mortimer Van Regenmorter
Cheeks Jones, Hayes Murphy Vander Veen
Clack Jones, Rick Newell Walker
Clemente Kahn Nitz Waters
Cushingberry Kolb Nofs Wenke
DeRoche Kooiman Palsrok Williams
Dillon LaJoy Pavlov Zelenko
Donigan
Nays--25
Accavitti Gaffney Miller Sheen
Acciavatti Garfield Moolenaar Smith, Alma
Bieda Gleason Palmer Smith, Virgil
Brandenburg Gosselin Pastor Taub
Condino Hoogendyk Robertson Ward
Drolet Hune Rocca Wojno
Elsenheimer
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Sak moved that Rep. Dillon be excused temporarily from today's session.
The motion prevailed.
Rep. Hildenbrand moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
House Bill No. 5221, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8407 (MCL 600.8407), as amended by 1991 PA 192.
(The bill was received from the Senate on December 12, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 13, see House Journal No.93, p. 3049.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1316 Yeas--104
Accavitti Emmons Law, David Proos
Acciavatti Espinoza Law, Kathleen Robertson
Adamini Farhat Leland Rocca
Amos Farrah Lemmons, Jr. Sak
Anderson Gaffney Lipsey Schuitmaker
Angerer Garfield Marleau Shaffer
Ball Gillard Mayes Sheen
Baxter Gleason McConico Sheltrown
Bennett Gonzales McDowell Smith, Alma
Bieda Gosselin Meadows Smith, Virgil
Booher Green Meisner Spade
Brandenburg Hansen Meyer Stahl
Brown Hildenbrand Miller Stakoe
Byrnes Hood Moolenaar Stewart
Byrum Hoogendyk Moore Taub
Casperson Hopgood Mortimer Tobocman
Caswell Huizenga Murphy Vagnozzi
Caul Hummel Newell Van Regenmorter
Cheeks Hune Nitz Vander Veen
Clack Hunter Nofs Walker
Clemente Jones, Hayes Palmer Ward
Condino Jones, Rick Palsrok Waters
Cushingberry Kahn Pastor Wenke
Donigan Kolb Pavlov Williams
Drolet Kooiman Pearce Wojno
Elsenheimer LaJoy Polidori Zelenko
Nays--0
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 6137, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 217d, 801, 811d, 811e, 811f, 811g, 811h, 811i, 811j, 811k, 811l, and 811n (MCL 257.217d, 257.801, 257.811d, 257.811e, 257.811f, 257.811g, 257.811h, 257.811i, 257.811j, 257.811k, 257.811l, and 257.811n), sections 217d and 811h as amended by 2003 PA 152, section 801 as amended by 2006 PA 136, section 811d as amended by 2005 PA 317, section 811e as amended by 2001 PA 124, sections 811f and 811g as added by 2000 PA 77, section 811i as added by 2000 PA 74, section 811j as added by 2000 PA 71, section 811k as added by 2000 PA 73, section 811l as added by 2000 PA 70, and section 811n as added by 2000 PA 79, and by adding sections 811m, 811o, 811p, and 811q; and to repeal acts and parts of acts.
(The bill was received from the Senate on December 12, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 13, see House Journal No.93, p. 3049.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1317 Yeas--103
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 McConico Sheltrown
Baxter Gleason McDowell Smith, Alma
Bennett Gonzales Meadows Smith, Virgil
Bieda Gosselin Meisner Spade
Booher Green Meyer Stahl
Brandenburg Hansen Miller Stakoe
Brown Hildenbrand Moolenaar Stewart
Byrnes Hood Moore Taub
Byrum Hoogendyk Mortimer Tobocman
Casperson Hopgood Murphy Vagnozzi
Caswell Huizenga Newell Van Regenmorter
Caul Hummel Nitz Vander Veen
Cheeks Hune Nofs Walker
Clack Hunter Palmer Ward
Clemente Jones, Rick Palsrok Waters
Condino Kahn Pastor Wenke
Cushingberry Kolb Pavlov Williams
Donigan Kooiman Pearce Wojno
Drolet LaJoy Polidori Zelenko
Elsenheimer Law, David Proos
Nays--1
Jones, Hayes
In The Chair: Kooiman
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 6182, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 1g to chapter IV.
(The bill was received from the Senate on December 12, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 13, see House Journal No.93, p. 3050.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1318 Yeas--104
Accavitti Emmons Law, David Proos
Acciavatti Espinoza Law, Kathleen Robertson
Adamini Farhat Leland Rocca
Amos Farrah Lemmons, Jr. Sak
Anderson Gaffney Lipsey Schuitmaker
Angerer Garfield Marleau Shaffer
Ball Gillard Mayes Sheen
Baxter Gleason McConico Sheltrown
Bennett Gonzales McDowell Smith, Alma
Bieda Gosselin Meadows Smith, Virgil
Booher Green Meisner Spade
Brandenburg Hansen Meyer Stahl
Brown Hildenbrand Miller Stakoe
Byrnes Hood Moolenaar Stewart
Byrum Hoogendyk Moore Taub
Casperson Hopgood Mortimer Tobocman
Caswell Huizenga Murphy Vagnozzi
Caul Hummel Newell Van Regenmorter
Cheeks Hune Nitz Vander Veen
Clack Hunter Nofs Walker
Clemente Jones, Hayes Palmer Ward
Condino Jones, Rick Palsrok Waters
Cushingberry Kahn Pastor Wenke
Donigan Kolb Pavlov Williams
Drolet Kooiman Pearce Wojno
Elsenheimer LaJoy Polidori Zelenko
Nays--0
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 6325, entitled
A bill to amend 1965 PA 261, entitled "An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of commissioners with respect to county and regional parks and recreation commissions," by amending section 1 (MCL 46.351), as amended by 2003 PA 187.
(The bill was received from the Senate on December 12, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 13, see House Journal No. 93, p. 3050.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1319 Yeas--104
Accavitti Emmons Law, David Proos
Acciavatti Espinoza Law, Kathleen Robertson
Adamini Farhat Leland Rocca
Amos Farrah Lemmons, Jr. Sak
Anderson Gaffney Lipsey Schuitmaker
Angerer Garfield Marleau Shaffer
Ball Gillard Mayes Sheen
Baxter Gleason McConico Sheltrown
Bennett Gonzales McDowell Smith, Alma
Bieda Gosselin Meadows Smith, Virgil
Booher Green Meisner Spade
Brandenburg Hansen Meyer Stahl
Brown Hildenbrand Miller Stakoe
Byrnes Hood Moolenaar Stewart
Byrum Hoogendyk Moore Taub
Casperson Hopgood Mortimer Tobocman
Caswell Huizenga Murphy Vagnozzi
Caul Hummel Newell Van Regenmorter
Cheeks Hune Nitz Vander Veen
Clack Hunter Nofs Walker
Clemente Jones, Hayes Palmer Ward
Condino Jones, Rick Palsrok Waters
Cushingberry Kahn Pastor Wenke
Donigan Kolb Pavlov Williams
Drolet Kooiman Pearce Wojno
Elsenheimer LaJoy Polidori Zelenko
Nays--0
In The Chair: Kooiman
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
Senate Bill No. 1081, entitled
A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; to provide for expenditures under the supervision of the director of the department of management and budget and the state administrative board; to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2007; and to provide for the expenditure of the appropriations.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Polidori moved to amend the bill as follows:
1. Amend page 14, following line 7, by inserting:
"Henry Ford Community College - science building renovations - for program and
planning to be paid for from college revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Polidori moved to amend the bill as follows:
1. Amend page 14, following line 7, by inserting:
"University of Michigan - Dearborn - teacher preparation/child development center -
for program and planning to be paid for from university revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Reps. Shaffer, Hoogendyk, Lipsey, Nitz, Sheen and Wenke moved to amend the bill as follows:
1. Amend page 13, following line 1, by inserting:
"Western Michigan University - Sangren hall - for program and planning to be paid for
from university revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 14, line 8, by striking out "1,800" and inserting "1,900".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Hummel moved to amend the bill as follows:
1. Amend page 14, following line 7, by inserting:
"Montcalm Community College - MTEC expansion - for program and planning to be
paid for from college revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Brandenburg moved to amend the bill as follows:
1. Amend page 14, following line 7, by inserting:
"Macomb Community College - alternative fuel development center - for program and
planning to be paid for from college revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Murphy moved to amend the bill as follows:
1. Amend page 37, line 8, by striking out all of section 1303.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Hood moved to amend the bill as follows:
1. Amend page 7, following line 9, by inserting:
"Detroit, Wayne County, Rosa L. Parks integrated transportation campus construction
cost increase/scope change (total authorized cost is increased from $4,300,000 to
$17,487,000; comprehensive transportation fund bond proceeds increased from $0 to
$3,500,000; state trunkline fund share is increased from $4,300,000 to $13,987,000) 13,187,000".
2. Amend page 7, line 25, by striking out "8,863,300" and inserting "18,550,300".
3. Amend page 7, following line 25, by inserting:
"Comprehensive transportation fund bond proceeds 3,500,000"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Caswell moved to amend the bill as follows:
1. Amend page 14, following line 7, by inserting:
"Jackson Community College - campus renovation project - for program and planning to
be paid for from college resources 100"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Gonzales moved to amend the bill as follows:
1. Amend page 14, following line 7, by inserting:
"University of Michigan - Flint - Murchie and French hall renovations - for program and
planning to be paid for from university revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Booher moved to amend the bill as follows:
1. Amend page 14, following line 7, by inserting:
"Ferris State University - optometry building and center for collaborative health
education - for program and planning to be paid for from university revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 14, following line 7, by inserting:
"Southwestern Michigan College - general campus renovations - for program and
planning to be paid for from college revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Kolb moved to amend the bill as follows:
1. Amend page 14, following line 7, by inserting:
"Washtenaw Community College - skilled trades instructional building - for program and
planning to be paid for from college revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Meadows moved to amend the bill as follows:
1. Amend page 14, following line 7, by inserting:
"Michigan State University - Michigan's economy project - for program and
planning to be paid for from university revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Hopgood moved to amend the bill as follows:
1. Amend page 38, following line 14, by inserting:
"(l) City of Taylor economic development project.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Meadows moved to amend the bill as follows:
1. Amend page 38, following line 14, by inserting:
"(l) East Lansing museum development.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Pastor moved to amend the bill as follows:
1. Amend page 18, following line 20, by inserting:
"Sec. 207. The total authorized project cost established in part 1 shall not include any contract for the construction, alteration, repair, or special maintenance that discriminates against a person based upon race, color, religion, sex, national origin, height, weight, age, marital status, or other legally protected characteristic, membership or non-membership in any labor organization, or requirement that any bidder, contractor, subcontractor, or construction manager enter into, or adhere to, agreements with one or more labor organizations with respect to the contract or any related construction contract.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Pastor moved to amend the bill as follows:
1. Amend page 14, following line 7, by inserting:
"Schoolcraft College - public safety training complex - for program and planning to
be paid for from college revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Murphy moved to amend the bill as follows:
1. Amend page 38, following line 14, by inserting:
"(l) Lansing Community College culture and educational facility.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Nofs moved to amend the bill as follows:
1. Amend page 14, following line 7, by inserting:
"Kellogg Community College - C classroom building renovations - for program and
planning to be paid for from college revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Reps. Cushingberry and Cheeks moved to amend the bill as follows:
1. Amend page 38, following line 14, by inserting:
"(l) Build a Michigan bio-fuels corridor.".
The question being on the adoption of the amendment offered by Reps. Cushingberry and Cheeks,
Rep. Cushingberry demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Cushingberry and Cheeks,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1320 Yeas--55
Accavitti Cushingberry Law, David Polidori
Adamini Dillon Law, Kathleen Rocca
Anderson Donigan Leland Sak
Angerer Espinoza Lemmons, Jr. Sheltrown
Baxter Farrah Lipsey Smith, Alma
Bennett Gillard Mayes Smith, Virgil
Bieda Gleason McConico Spade
Brown Gonzales McDowell Tobocman
Byrnes Hood Meadows Vagnozzi
Byrum Hopgood Meisner Waters
Cheeks Hune Miller Williams
Clack Hunter Moore Wojno
Clemente Jones, Hayes Mortimer Zelenko
Condino Kolb Murphy
Nays--51
Acciavatti Gaffney Marleau Schuitmaker
Amos Garfield Meyer Shaffer
Ball Gosselin Moolenaar Sheen
Booher Green Newell Stahl
Brandenburg Hansen Nitz Stakoe
Casperson Hildenbrand Nofs Stewart
Caswell Hoogendyk Palmer Taub
Caul Huizenga Palsrok Van Regenmorter
DeRoche Hummel Pastor Vander Veen
Drolet Jones, Rick Pavlov Walker
Elsenheimer Kahn Pearce Ward
Emmons Kooiman Proos Wenke
Farhat LaJoy Robertson
In The Chair: Kooiman
Reps. Cushingberry, Kolb and Meadows moved to amend the bill as follows:
1. Amend page 14, following line 7, by inserting:
"Michigan State University - Michigan's economy project - for program and planning
to be paid for from university revenues 100
University of Michigan Ann Arbor - biology building - for program and planning to be
paid for from university revenues 100
Wayne State University - renovation of State hall - for program and planning to be paid
for from university revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendment offered by Reps. Cushingberry, Kolb and Meadows,
Rep. Cushingberry demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Cushingberry, Kolb and Meadows,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1321 Yeas--54
Accavitti Donigan Law, David Rocca
Adamini Espinoza Law, Kathleen Sak
Anderson Farrah Leland Sheltrown
Angerer Gaffney Lemmons, Jr. Smith, Virgil
Bennett Gillard Lipsey Spade
Bieda Gleason Mayes Stewart
Brandenburg Gonzales McConico Tobocman
Byrnes Hildenbrand McDowell Vagnozzi
Byrum Hood Meadows Vander Veen
Cheeks Hopgood Meisner Waters
Clack Hunter Miller Williams
Clemente Jones, Hayes Murphy Wojno
Condino Jones, Rick Polidori Zelenko
Cushingberry Kolb
Nays--47
Acciavatti Garfield Meyer Robertson
Amos Gosselin Moolenaar Schuitmaker
Baxter Green Moore Shaffer
Booher Hansen Mortimer Sheen
Casperson Hoogendyk Newell Stahl
Caswell Huizenga Nitz Stakoe
Caul Hummel Palmer Taub
DeRoche Hune Palsrok Van Regenmorter
Drolet Kahn Pastor Walker
Elsenheimer Kooiman Pavlov Ward
Emmons LaJoy Pearce Wenke
Farhat Marleau Proos
In The Chair: Kooiman
Reps. Cushingberry, Hood and Cheeks moved to amend the bill as follows:
1. Amend page 14, following line 7, by inserting:
"Wayne State University - chemistry hall - for program and planning to be paid for
from university revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
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.
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
Senate Bill No. 1081, entitled
A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; to provide for expenditures under the supervision of the director of the department of management and budget and the state administrative board; to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2007; and to provide for the expenditure of the appropriations.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Hummel moved to substitute (H-2) the bill.
The motion was seconded and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Angerer moved to amend the bill as follows:
1. Amend page 13, following line 27, by inserting:
"Monroe County Community College - middle college technology center - for the
program and planning to be paid for from college revenues 100"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion was seconded and the amendment was not adopted, a majority of the members serving not voting therefor.
The question being on the passage of the bill,
Rep. Brown moved to amend the bill as follows:
1. Amend page 44, line 17, after "exceed" by striking out "$65,000,000.00" and inserting "$100,000,000.00.".
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1322 Yeas--78
Acciavatti Elsenheimer Law, David Rocca
Adamini Emmons Marleau Sak
Amos Espinoza Mayes Schuitmaker
Anderson Farhat McDowell Shaffer
Angerer Farrah Meisner Sheen
Ball Gaffney Meyer Sheltrown
Bennett Gillard Moolenaar Smith, Alma
Booher Gleason Moore Spade
Brandenburg Gonzales Mortimer Stahl
Brown Green Murphy Stakoe
Byrnes Hansen Newell Stewart
Byrum Hoogendyk Nitz Taub
Casperson Huizenga Palsrok Vagnozzi
Caswell Hummel Pastor Vander Veen
Caul Jones, Hayes Pavlov Walker
Clack Jones, Rick Pearce Waters
Clemente Kahn Polidori Wenke
DeRoche Kolb Proos Williams
Dillon Kooiman Robertson Zelenko
Donigan LaJoy
Nays--28
Accavitti Garfield Law, Kathleen Nofs
Baxter Gosselin Leland Palmer
Bieda Hildenbrand Lemmons, Jr. Smith, Virgil
Cheeks Hood Lipsey Tobocman
Condino Hopgood McConico Van Regenmorter
Cushingberry Hune Meadows Ward
Drolet Hunter Miller Wojno
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 make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal years ending September 30, 2006 and September 30, 2007; to provide conditions on those appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Tobocman, 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:
This bill contains unconstitutional language seeking to restrict funding for the Detroit River International Crossing (DRIC) study. It is completely unconscionable that the Majority party continues to object to spending federally-allocated dollars to study whether we should enhance our state's ability to accommodate international trade at the Southeast Michigan and Southwestern Ontario border, the continent's most valuable border crossing.
With nearly $150 billion of annual trade, insuring that Michigan has the appropriate infrastructure to support and grow this economic activity is critical. It is unfathomable that the Majority party would seek to kill this study given the increasing importance of international trade to local economies.
All that I can conclude is that the Majority party is against trade, our economic future and jobs. Or they are unwilling to even investigate the viability of additional border capacity solutions to the virtual monopoly of one of the party's financial contributors. Either way, it simply is terrible and unconstitutional public policy."
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:
This bill fails to geographically balance development in our State. It is too little too late. The failure to strengthen the infrastructure by continued reliance on tax cuts is unwise and has led to the exacerbation of the down time of our cyclical economy. Tax cuts do not work and the Center for Budget and Policy in a recent study has shown that those States who have cut taxes the most are in the worst shape. My no vote explanation in the House Appropriations Committee on this bill included a report by the Citizens Research Council which chronicles the demise of a once proud infrastructure ravaged by unwise tax cuts.
Michigan cannot succeed unless our full State supports the important biofuels industry as outlined and promoted eloquently by our Governor and our Urban University is given tools to grow and prosper.
For this reason I cannot support this bill at this time."
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4257, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the part heading of part 361 and by adding part 363.
(The bill was received from the Senate on December 13, with substitute (S-3) and full title inserted, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p. 3126.)
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1323 Yeas--95
Acciavatti Espinoza Law, Kathleen Proos
Adamini Farhat Leland Robertson
Amos Gaffney Lemmons, Jr. Rocca
Anderson Garfield Marleau Sak
Angerer Gillard Mayes Schuitmaker
Ball Gleason McConico Shaffer
Baxter Gonzales McDowell Sheen
Booher Gosselin Meadows Sheltrown
Brandenburg Green Meisner Spade
Brown Hansen Meyer Stahl
Byrnes Hildenbrand Miller Stakoe
Byrum Hoogendyk Moolenaar Stewart
Casperson Hopgood Moore Taub
Caswell Huizenga Mortimer Tobocman
Caul Hummel Murphy Vagnozzi
Cheeks Hune Newell Van Regenmorter
Clack Hunter Nitz Vander Veen
Condino Jones, Hayes Nofs Walker
Cushingberry Jones, Rick Palmer Ward
DeRoche Kahn Palsrok Waters
Dillon Kolb Pastor Wenke
Drolet Kooiman Pavlov Williams
Elsenheimer LaJoy Pearce Zelenko
Emmons Law, David Polidori
Nays--11
Accavitti Clemente Hood Smith, Virgil
Bennett Donigan Lipsey Wojno
Bieda Farrah Smith, Alma
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Rep. Pastor moved that Rep. Hummel be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
House Bill No. 4328, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 482 (MCL 168.482), as amended by 1998 PA 142.
(The bill was received from the Senate on December 13, with amendment and full title inserted inserted by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p. 3126.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1324 Yeas--72
Acciavatti Elsenheimer Law, David Robertson
Amos Emmons Marleau Rocca
Anderson Espinoza Mayes Sak
Angerer Farhat McDowell Schuitmaker
Ball Gaffney Meisner Shaffer
Baxter Garfield Meyer Sheen
Bennett Gleason Miller Sheltrown
Bieda Gosselin Moolenaar Spade
Booher Green Moore Stahl
Brandenburg Hansen Mortimer Stakoe
Byrnes Hildenbrand Newell Stewart
Casperson Hoogendyk Nitz Taub
Caswell Huizenga Nofs Van Regenmorter
Caul Hune Palmer Vander Veen
Clemente Jones, Rick Palsrok Walker
DeRoche Kahn Pastor Ward
Donigan Kooiman Pavlov Wenke
Drolet LaJoy Proos Wojno
Nays--33
Accavitti Farrah Law, Kathleen Polidori
Adamini Gillard Leland Smith, Alma
Brown Gonzales Lemmons, Jr. Smith, Virgil
Byrum Hood Lipsey Tobocman
Cheeks Hopgood McConico Vagnozzi
Clack Hunter Meadows Waters
Condino Jones, Hayes Murphy Williams
Cushingberry Kolb Pearce Zelenko
Dillon
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Rep. Sak moved that Rep. Murphy be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
House Bill No. 4420, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 8 and 17 (MCL 722.628 and 722.637), section 8 as amended by 2004 PA 195 and section 17 as added by 1997 PA 168.
(The bill was received from the Senate on December 13, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p.3126.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1325 Yeas--104
Accavitti Drolet LaJoy Proos
Acciavatti Elsenheimer Law, David Robertson
Adamini Emmons Law, Kathleen Rocca
Amos Espinoza Leland Sak
Anderson Farhat Lemmons, Jr. Schuitmaker
Angerer Farrah Lipsey Shaffer
Ball Gaffney Marleau Sheen
Baxter Garfield Mayes Sheltrown
Bennett Gillard McConico Smith, Alma
Bieda Gleason McDowell Smith, Virgil
Booher Gonzales Meadows Spade
Brandenburg Gosselin Meisner Stahl
Brown Green Meyer Stakoe
Byrnes Hansen Miller Stewart
Byrum Hildenbrand Moolenaar Taub
Casperson Hood Moore Tobocman
Caswell Hoogendyk Mortimer Vagnozzi
Caul Hopgood Newell Van Regenmorter
Cheeks Huizenga Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Polidori Zelenko
Nays--0
In The Chair: Kooiman
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker Pro Tempore called Associate Speaker Pro Tempore Caswell to the Chair.
The Speaker laid before the House
House Bill No. 4455, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2227.
(The bill was received from the Senate on December 13, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p.3127.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1326 Yeas--99
Accavitti Elsenheimer Leland Rocca
Acciavatti Emmons Lemmons, Jr. Sak
Adamini Espinoza Lipsey Schuitmaker
Amos Farhat Marleau Shaffer
Anderson Farrah Mayes Sheen
Angerer Gaffney McConico Sheltrown
Ball Gillard McDowell Smith, Alma
Bennett Gleason Meadows Smith, Virgil
Bieda Gonzales Meisner Spade
Booher Green Meyer Stahl
Brandenburg Hansen Miller Stakoe
Brown Hildenbrand Moolenaar Stewart
Byrnes Hood Moore Taub
Byrum Hopgood Mortimer Tobocman
Casperson Huizenga Newell Vagnozzi
Caswell Hune Nitz Van Regenmorter
Caul Hunter Nofs Vander Veen
Cheeks Jones, Hayes Palmer Walker
Clack Jones, Rick Palsrok Ward
Clemente Kahn Pastor Waters
Condino Kolb Pavlov Wenke
Cushingberry Kooiman Pearce Williams
DeRoche LaJoy Polidori Wojno
Dillon Law, David Proos Zelenko
Donigan Law, Kathleen Robertson
Nays--5
Baxter Garfield Gosselin Hoogendyk
Drolet
In The Chair: Caswell
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5389, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding sections 109i and 109j.
(The bill was received from the Senate on December 13, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p.3127.)
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1327 Yeas--105
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hune Nitz Vander Veen
Clack Hunter Nofs Walker
Clemente Jones, Hayes Palmer Ward
Condino Jones, Rick Palsrok Waters
Cushingberry Kahn Pastor Wenke
DeRoche Kolb Pavlov Williams
Dillon Kooiman Pearce Wojno
Donigan LaJoy Polidori Zelenko
Drolet
Nays--0
In The Chair: Caswell
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5603, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5141.
(The bill was received from the Senate on December 13, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p.3127.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1328 Yeas--97
Accavitti Emmons Leland Robertson
Acciavatti Espinoza Lemmons, Jr. Rocca
Adamini Farhat Lipsey Sak
Amos Farrah Marleau Schuitmaker
Anderson Gaffney Mayes Shaffer
Angerer Gillard McConico Sheltrown
Ball Gleason McDowell Smith, Alma
Bennett Gonzales Meadows Smith, Virgil
Bieda Green Meisner Spade
Booher Hansen Meyer Stahl
Brandenburg Hildenbrand Miller Stakoe
Brown Hood Moolenaar Stewart
Byrnes Hopgood Moore Taub
Byrum Huizenga Mortimer Tobocman
Casperson Hune Murphy Vagnozzi
Caswell Hunter Newell Van Regenmorter
Caul Jones, Hayes Nitz Vander Veen
Cheeks Jones, Rick Nofs Walker
Clack Kahn Palmer Ward
Clemente Kolb Palsrok Waters
Condino Kooiman Pavlov Wenke
Cushingberry LaJoy Pearce Williams
Dillon Law, David Polidori Wojno
Donigan Law, Kathleen Proos Zelenko
Elsenheimer
Nays--7
Baxter Garfield Hoogendyk Sheen
Drolet Gosselin Pastor
In The Chair: Caswell
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5872, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 20120e.
(The bill was received from the Senate on December 13, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p.3127.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1329 Yeas--105
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hune Nitz Vander Veen
Clack Hunter Nofs Walker
Clemente Jones, Hayes Palmer Ward
Condino Jones, Rick Palsrok Waters
Cushingberry Kahn Pastor Wenke
DeRoche Kolb Pavlov Williams
Dillon Kooiman Pearce Wojno
Donigan LaJoy Polidori Zelenko
Drolet
Nays--0
In The Chair: Caswell
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5901, entitled
A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending section 1 (MCL 125.1651), as amended by 2005 PA 115.
(The bill was received from the Senate on December 13, with an amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p. 3128.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1330 Yeas--105
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hune Nitz Vander Veen
Clack Hunter Nofs Walker
Clemente Jones, Hayes Palmer Ward
Condino Jones, Rick Palsrok Waters
Cushingberry Kahn Pastor Wenke
DeRoche Kolb Pavlov Williams
Dillon Kooiman Pearce Wojno
Donigan LaJoy Polidori Zelenko
Drolet
Nays--0
In The Chair: Caswell
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Sak moved that Rep. Kathleen Law be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
House Bill No. 5947, entitled
A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 2005 PA 339.
(The bill was received from the Senate on December 13, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p.3128.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1331 Yeas--103
Accavitti Elsenheimer Law, David Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meadows Smith, Virgil
Bieda Gonzales Meisner Spade
Booher Gosselin Meyer Stahl
Brandenburg Green Miller Stakoe
Brown Hansen Moolenaar Stewart
Byrnes Hildenbrand Moore Taub
Byrum Hood Mortimer Tobocman
Casperson Hoogendyk Murphy Vagnozzi
Caul Hopgood Newell Van Regenmorter
Cheeks Huizenga Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Polidori Zelenko
Drolet LaJoy Proos
Nays--1
Caswell
In The Chair: Caswell
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
House Bill No. 6267, entitled
A bill to amend 1979 PA 152, entitled "State license fee act," by amending the title and sections 3 and 37 (MCL 338.2203 and 338.2237), section 3 as amended by 1993 PA 139 and section 37 as amended by 2003 PA 87.
(The bill was received from the Senate on December 13, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p.3128.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1332 Yeas--104
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hune Nitz Vander Veen
Clack Hunter Nofs Walker
Clemente Jones, Hayes Palmer Ward
Condino Jones, Rick Palsrok Waters
Cushingberry Kahn Pastor Wenke
Dillon Kolb Pavlov Williams
Donigan Kooiman Pearce Wojno
Drolet LaJoy Polidori Zelenko
Nays--0
In The Chair: Caswell
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 6292, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 276.
(The bill was received from the Senate on December 13, with substitute (S-2) and title amendment, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p. 3129.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1333 Yeas--68
Acciavatti Espinoza Law, David Robertson
Amos Farhat Marleau Rocca
Angerer Gaffney Mayes Sak
Ball Garfield McDowell Schuitmaker
Baxter Gleason Meyer Shaffer
Booher Gosselin Moolenaar Sheen
Brandenburg Green Moore Sheltrown
Brown Hansen Mortimer Spade
Casperson Hildenbrand Newell Stahl
Caswell Hoogendyk Nitz Stakoe
Caul Huizenga Nofs Stewart
Clack Hummel Palmer Taub
Clemente Hune Palsrok Van Regenmorter
Dillon Jones, Rick Pastor Vander Veen
Drolet Kahn Pavlov Walker
Elsenheimer Kooiman Pearce Ward
Emmons LaJoy Proos Wenke
Nays--37
Accavitti Donigan Law, Kathleen Polidori
Adamini Farrah Leland Smith, Alma
Anderson Gillard Lemmons, Jr. Smith, Virgil
Bennett Gonzales Lipsey Tobocman
Bieda Hood McConico Vagnozzi
Byrnes Hopgood Meadows Waters
Byrum Hunter Meisner Williams
Cheeks Jones, Hayes Miller Wojno
Condino Kolb Murphy Zelenko
Cushingberry
In The Chair: Caswell
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Bieda, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted 'no' on concurring with the Senate Substitute for HB 6292, largely because of the cost to state coffers, which is estimated at between $2 and $3 million a year. The Senate changes actually made the bill more expensive, by creating a refundable tax credit. Thus, I voted 'no' on HB 6292."
______
Rep. Sak moved that Rep. Lipsey be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
House Bill No. 6293, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2683.
(The bill was received from the Senate on December 13, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p.3129.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1334 Yeas--104
Accavitti Elsenheimer LaJoy Proos
Acciavatti Emmons Law, David Robertson
Adamini Espinoza Law, Kathleen Rocca
Amos Farhat Leland Sak
Anderson Farrah Lemmons, Jr. Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Nays--0
In The Chair: Caswell
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Pastor moved that Rep. Stahl be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
House Bill No. 6308, entitled
A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending sections 3, 4, and 5 (MCL 52.203, 52.204, and 52.205), section 5 as amended by 1980 PA 401.
(The bill was received from the Senate on December 13, with amendments, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p.3129.)
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1335 Yeas--104
Accavitti Elsenheimer LaJoy Polidori
Acciavatti Emmons Law, David Proos
Adamini Espinoza Law, Kathleen Robertson
Amos Farhat Leland Rocca
Anderson Farrah Lemmons, Jr. Sak
Angerer Gaffney Lipsey Schuitmaker
Ball Garfield Marleau Shaffer
Baxter Gillard Mayes Sheen
Bennett Gleason McConico Sheltrown
Bieda Gonzales McDowell Smith, Alma
Booher Gosselin Meadows Smith, Virgil
Brandenburg Green Meisner Spade
Brown Hansen Meyer Stakoe
Byrnes Hildenbrand Miller Stewart
Byrum Hood Moolenaar Taub
Casperson Hoogendyk Moore Tobocman
Caswell Hopgood Mortimer Vagnozzi
Caul Huizenga Murphy Van Regenmorter
Cheeks Hummel Newell Vander Veen
Clack Hune Nitz Walker
Clemente Hunter Nofs Ward
Condino Jones, Hayes Palmer Waters
Cushingberry Jones, Rick Palsrok Wenke
Dillon Kahn Pastor Williams
Donigan Kolb Pavlov Wojno
Drolet Kooiman Pearce Zelenko
Nays--0
In The Chair: Caswell
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Stahl, 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. 1335. Had I been present, I would have voted 'yea'."
______
Rep. Sak moved that Rep. Dillon be excused temporarily from today's session.
The motion prevailed.
Rep. Pastor moved that Rep. Hummel be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
House Bill No. 6603, entitled
A bill to provide for the sharing of certain health care coverage information; to provide for the powers and duties of certain departments and agencies; and to provide penalties and fines.
(The bill was received from the Senate on December 13, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p. 3130.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1336 Yeas--104
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hune Nitz Vander Veen
Clack Hunter Nofs Walker
Clemente Jones, Hayes Palmer Ward
Condino Jones, Rick Palsrok Waters
Cushingberry Kahn Pastor Wenke
DeRoche Kolb Pavlov Williams
Donigan Kooiman Pearce Wojno
Drolet LaJoy Polidori Zelenko
Nays--0
In The Chair: Caswell
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
Senate Bill No. 1499, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Roscommon county and Crawford county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
The bill was read a second time.
Rep. Ward 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
Senate Bill No. 1499, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Roscommon county and Crawford county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1337 Yeas--101
Accavitti Elsenheimer Law, Kathleen Proos
Acciavatti Emmons Leland Robertson
Adamini Espinoza Lemmons, Jr. Rocca
Amos Farhat Lipsey Sak
Anderson Farrah Marleau Schuitmaker
Angerer Gaffney Mayes Shaffer
Ball Garfield McConico Sheen
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meadows Smith, Virgil
Bieda Gonzales Meisner Spade
Booher Gosselin Meyer Stahl
Brandenburg Green Miller Stakoe
Brown Hansen Moolenaar Stewart
Byrnes Hildenbrand Moore Taub
Byrum Hood Mortimer Tobocman
Casperson Hoogendyk Murphy Vagnozzi
Caswell Hopgood Newell Van Regenmorter
Caul Hummel Nitz Vander Veen
Cheeks Hune Nofs Walker
Clack Hunter Palmer Ward
Clemente Jones, Hayes Palsrok Waters
Condino Jones, Rick Pastor Wenke
Cushingberry Kahn Pavlov Williams
DeRoche LaJoy Pearce Wojno
Donigan Law, David Polidori Zelenko
Drolet
Nays--0
In The Chair: Caswell
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.
Second Reading of Bills
Senate Bill No. 662, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 261 (MCL 18.1261), as amended by 2005 PA 91.
The bill was read a second time.
Rep. Ward 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. Palmer moved that Rep. Huizenga be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 662, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 261 (MCL 18.1261), as amended by 2005 PA 91.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1338 Yeas--104
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Hummel Newell Van Regenmorter
Cheeks Hune Nitz Vander Veen
Clack Hunter Nofs Walker
Clemente Jones, Hayes Palmer Ward
Condino Jones, Rick Palsrok Waters
Cushingberry Kahn Pastor Wenke
DeRoche Kolb Pavlov Williams
Donigan Kooiman Pearce Wojno
Drolet LaJoy Polidori Zelenko
Nays--0
In The Chair: Caswell
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,"
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.
By unanimous consent the House returned to the order of
Messages from the Senate
The Senate returned, in accordance with the request of the House
Senate Bill No. 1292, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 1, 3, 7, 10, 11, 15, and 17 of chapter XII (MCL 712.1, 712.3, 712.7, 712.10, 712.11, 712.15, and 712.17), sections 1, 7, 10, 11, 15, and 17 as added by 2000 PA 232 and section 3 as amended by 2002 PA 688, and by adding section 2a to chapter XII; and to repeal acts and parts of acts.
(The bill was passed on December 13, see House Journal No. 94, p. 3093.)
Rep. Ward moved to reconsider the vote by which the House passed the bill.
The motion prevailed, a majority of the members serving voting therefor.
Third Reading of Bills
Senate Bill No. 1292, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 1, 3, 7, 10, 11, 15, and 17 of chapter XII (MCL 712.1, 712.3, 712.7, 712.10, 712.11, 712.15, and 712.17), sections 1, 7, 10, 11, 15, and 17 as added by 2000 PA 232 and section 3 as amended by 2002 PA 688, and by adding section 2a to chapter XII; and to repeal acts and parts of acts.
The question being on the passage of the bill,
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 9, line 8, after "DETERMINATIONS" by striking out the balance of the subsection and inserting "OF PATERNITY OR MATERNITY AS DESCRIBED IN SECTION 11.".
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1339 Yeas--104
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Hummel Newell Van Regenmorter
Cheeks Hune Nitz Vander Veen
Clack Hunter Nofs Walker
Clemente Jones, Hayes Palmer Ward
Condino Jones, Rick Palsrok Waters
Cushingberry Kahn Pastor Wenke
DeRoche Kolb Pavlov Williams
Donigan Kooiman Pearce Wojno
Drolet LaJoy Polidori Zelenko
Nays--0
In The Chair: Caswell
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,"
The House agreed to the full title.
______
The Speaker Pro Tempore resumed the Chair.
Rep. Palmer moved that Reps. Emmons and Stewart be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 6630, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2004 PA 457.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3) and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-3) made to the bill by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1340 Yeas--96
Accavitti Elsenheimer Leland Robertson
Acciavatti Espinoza Lemmons, Jr. Rocca
Adamini Farhat Lipsey Sak
Amos Farrah Marleau Schuitmaker
Anderson Gaffney Mayes Shaffer
Angerer Gillard McConico Sheen
Ball Gleason McDowell Sheltrown
Bennett Gonzales Meadows Smith, Alma
Bieda Green Meisner Smith, Virgil
Booher Hansen Meyer Spade
Brandenburg Hildenbrand Miller Stahl
Brown Hood Moolenaar Stakoe
Byrnes Hopgood Moore Taub
Byrum Hummel Mortimer Tobocman
Casperson Hune Murphy Vagnozzi
Caul Hunter Newell Van Regenmorter
Cheeks Jones, Hayes Nitz Vander Veen
Clack Jones, Rick Nofs Walker
Clemente Kahn Palsrok Ward
Condino Kolb Pastor Waters
Cushingberry Kooiman Pavlov Wenke
DeRoche LaJoy Pearce Williams
Dillon Law, David Polidori Wojno
Donigan Law, Kathleen Proos Zelenko
Nays--7
Baxter Drolet Gosselin Palmer
Caswell Garfield Hoogendyk
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6599, entitled
A bill to amend 1917 PA 350, entitled "An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act," by amending sections 1, 2, 3, 4, 5, and 8 (MCL 445.401, 445.402, 445.403, 445.404, 445.405, and 445.408), sections 1 and 3 as amended by 2006 PA 294; and to repeal acts and parts of acts.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3).
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
After debate,
Rep. Hune demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1341 Yeas--76
Accavitti DeRoche LaJoy Pearce
Adamini Dillon Law, David Polidori
Amos Donigan Law, Kathleen Rocca
Anderson Espinoza Leland Sak
Angerer Farrah Lemmons, Jr. Schuitmaker
Ball Gaffney Lipsey Shaffer
Bennett Gillard Marleau Sheltrown
Bieda Gleason Mayes Smith, Alma
Booher Gonzales McConico Smith, Virgil
Brandenburg Green McDowell Spade
Brown Hansen Meadows Stakoe
Byrnes Hildenbrand Meisner Stewart
Byrum Hood Miller Tobocman
Caul Hopgood Mortimer Vagnozzi
Cheeks Hunter Murphy Van Regenmorter
Clack Jones, Hayes Nitz Waters
Clemente Jones, Rick Palsrok Williams
Condino Kolb Pastor Wojno
Cushingberry Kooiman Pavlov Zelenko
Nays--29
Acciavatti Garfield Moolenaar Sheen
Baxter Gosselin Moore Stahl
Casperson Hoogendyk Newell Taub
Caswell Hummel Nofs Vander Veen
Drolet Hune Palmer Walker
Elsenheimer Kahn Proos Ward
Emmons Meyer Robertson Wenke
Farhat
In The Chair: Kooiman
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Rep. Sak moved that Rep. Cushingberry be excused temporarily from today's session.
The motion prevailed.
House Bill No. 6209, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7o (MCL 211.7o), as amended by 2004 PA 576.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1342 Yeas--105
Accavitti Emmons Law, David Proos
Acciavatti Espinoza Law, Kathleen Robertson
Adamini Farhat Leland Rocca
Amos Farrah Lemmons, Jr. Sak
Anderson Gaffney Lipsey Schuitmaker
Angerer Garfield Marleau Shaffer
Ball Gillard Mayes Sheen
Baxter Gleason McConico Sheltrown
Bennett Gonzales McDowell Smith, Alma
Bieda Gosselin Meadows Smith, Virgil
Booher Green Meisner Spade
Brandenburg Hansen Meyer Stahl
Brown Hildenbrand Miller Stakoe
Byrnes Hood Moolenaar Stewart
Byrum Hoogendyk Moore Taub
Casperson Hopgood Mortimer Tobocman
Caswell Huizenga Murphy Vagnozzi
Caul Hummel Newell Van Regenmorter
Cheeks Hune Nitz Vander Veen
Clack Hunter Nofs Walker
Clemente Jones, Hayes Palmer Ward
Condino Jones, Rick Palsrok Waters
DeRoche Kahn Pastor Wenke
Dillon Kolb Pavlov Williams
Donigan Kooiman Pearce Wojno
Drolet LaJoy Polidori Zelenko
Elsenheimer
Nays--0
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
Senate Bill No. 1111, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 2 (MCL 207.552), as amended by 2005 PA 267.
The bill was read a second time.
Rep. Dillon 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. Ward 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
Senate Bill No. 1111, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 2 (MCL 207.552), as amended by 2005 PA 267.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1343 Yeas--106
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Polidori Zelenko
Drolet LaJoy
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 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 7 (MCL 207.557), as amended by 2005 PA 267.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 613, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15g of chapter XVII (MCL 777.15g), as added by 2002 PA 206.
The bill was read a second time.
Rep. Stahl moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ward 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
Senate Bill No. 613, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15g of chapter XVII (MCL 777.15g), as added by 2002 PA 206.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1344 Yeas--106
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Polidori Zelenko
Drolet LaJoy
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 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 15g of chapter XVII (MCL 777.15g), as amended by 2005 PA 134.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4796, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 1 and 4 of chapterVI (MCL 766.1 and 766.4), section 4 as amended by 1994 PA 167.
The Senate has substituted (S-5) the bill.
The Senate has passed the bill as substituted (S-5) and amended the title to read as follows:
A bill 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 sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, and 17 of chapter VI (MCL 766.1, 766.4, 766.5, 766.6, 766.7, 766.8, 766.9, 766.10, 766.11, 766.13, 766.14, 766.15, 766.16, and 766.17), section 4 as amended by 1994 PA 167, section 9 as amended by 1988 PA 106, and section 14 as amended by 1998 PA 520.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
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,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 5300, entitled
A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," (MCL 125.1401 to 125.1499c) by adding section 44h.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1345 Yeas--79
Accavitti Drolet Kooiman Robertson
Acciavatti Elsenheimer LaJoy Rocca
Amos Emmons Law, David Sak
Anderson Espinoza Marleau Schuitmaker
Angerer Farhat Mayes Shaffer
Ball Gaffney McDowell Sheen
Baxter Garfield Meyer Sheltrown
Bieda Gillard Moolenaar Spade
Booher Gleason Moore Stahl
Brandenburg Gosselin Mortimer Stewart
Brown Green Newell Taub
Byrnes Hansen Nitz Van Regenmorter
Byrum Hildenbrand Nofs Vander Veen
Casperson Hoogendyk Palmer Walker
Caswell Huizenga Palsrok Ward
Caul Hummel Pastor Wenke
Clemente Hune Pavlov Williams
DeRoche Jones, Hayes Pearce Wojno
Dillon Jones, Rick Polidori Zelenko
Donigan Kahn Proos
Nays--27
Adamini Gonzales Lemmons, Jr. Smith, Alma
Bennett Hood Lipsey Smith, Virgil
Cheeks Hopgood McConico Stakoe
Clack Hunter Meadows Tobocman
Condino Kolb Meisner Vagnozzi
Cushingberry Law, Kathleen Miller Waters
Farrah Leland Murphy
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Tobocman, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against HB 5300 - 5310 because this legislation is completely unnecessary, will harm valued residents, and sends the wrong message as a state welcoming to immigrants. Specifically, these bills seek to address some alleged problem of undocument (or so-called 'illegal') immigrants seeking public benefits. Numerous studies have demonstrated that immigrants, particularly those who have been in the U.S. for longer periods of time, contribute more in taxes than they use in benefits. Here in Michigan, a state far from our nation's southern border where our largest illegal immigration problems exist, most immigrants come seeking permanent or longer-term residency.
What is most troubling is the impacts and drafting of HB 5300. This bill would prohibit MSHDA homeownership tools from being used by LEGAL aliens who are here on a non-permanent (or temporary) basis. These legally residing individuals who may be working for Michigan companies, will not be able to use MSHDA tools to purchase a home, pay real estate taxes and otherwise integrate into our society. Why we would want to DISCOURAGE home ownership, instead of encourage expanding the number of homeowners is beyond me?"
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Elsenheimer to the Chair.
House Bill No. 5301, entitled
A bill to amend 2002 PA 591, entitled "Michigan nursing scholarship act," by amending section 4 (MCL 390.1184).
The Senate has amended the bill as follows:
1. Amend page 3, line 11, by striking out all of subdivision (j).
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1346 Yeas--84
Accavitti Drolet LaJoy Proos
Acciavatti Elsenheimer Law, David Robertson
Amos Emmons Law, Kathleen Rocca
Anderson Espinoza Marleau Sak
Angerer Farhat Mayes Schuitmaker
Ball Gaffney McConico Shaffer
Baxter Garfield McDowell Sheen
Bennett Gillard Meyer Sheltrown
Bieda Gleason Miller Spade
Booher Gosselin Moolenaar Stahl
Brandenburg Green Moore Stakoe
Brown Hansen Mortimer Stewart
Byrnes Hildenbrand Newell Taub
Byrum Hoogendyk Nitz Van Regenmorter
Casperson Huizenga Nofs Vander Veen
Caswell Hummel Palmer Walker
Caul Hune Palsrok Ward
Clemente Jones, Hayes Pastor Wenke
DeRoche Jones, Rick Pavlov Williams
Dillon Kahn Pearce Wojno
Donigan Kooiman Polidori Zelenko
Nays--22
Adamini Gonzales Lemmons, Jr. Smith, Alma
Cheeks Hood Lipsey Smith, Virgil
Clack Hopgood Meadows Tobocman
Condino Hunter Meisner Vagnozzi
Cushingberry Kolb Murphy Waters
Farrah Leland
In The Chair: Elsenheimer
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Rep. Tobocman, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against HB 5300 - 5310 because this legislation is completely unnecessary, will harm valued residents, and sends the wrong message as a state welcoming to immigrants. Specifically, these bills seek to address some alleged problem of undocument (or so-called 'illegal') immigrants seeking public benefits. Numerous studies have demonstrated that immigrants, particularly those who have been in the U.S. for longer periods of time, contribute more in taxes than they use in benefits. Here in Michigan, a state far from our nation's southern border where our largest illegal immigration problems exist, most immigrants come seeking permanent or longer-term residency.
What is most troubling is the impacts and drafting of HB 5300. This bill would prohibit MSHDA homeownership tools from being used by LEGAL aliens who are here on a non-permanent (or temporary) basis. These legally residing individuals who may be working for Michigan companies, will not be able to use MSHDA tools to purchase a home, pay real estate taxes and otherwise integrate into our society. Why we would want to DISCOURAGE home ownership, instead of encourage expanding the number of homeowners is beyond me?"
______
Rep. Sak moved that Rep. Virgil Smith be excused temporarily from today's session.
The motion prevailed.
House Bill No. 5302, entitled
A bill to amend 1986 PA 102, entitled "An act to establish a grant program for certain part-time, independent students in this state; and to prescribe the powers and duties of certain state agencies and institutions of higher education," by amending section 3 (MCL 390.1283), as amended by 2004 PA 180.
The Senate has amended the bill as follows:
1. Amend page 3, line 6, by striking out all of subdivision (j).
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1347 Yeas--82
Accavitti Elsenheimer Law, David Robertson
Acciavatti Emmons Law, Kathleen Rocca
Amos Espinoza Marleau Sak
Anderson Farhat Mayes Schuitmaker
Angerer Gaffney McDowell Shaffer
Ball Garfield Meyer Sheen
Baxter Gillard Miller Sheltrown
Bennett Gleason Moolenaar Spade
Bieda Gosselin Moore Stahl
Booher Green Mortimer Stakoe
Brandenburg Hansen Newell Stewart
Brown Hildenbrand Nitz Taub
Byrnes Hoogendyk Nofs Van Regenmorter
Byrum Huizenga Palmer Vander Veen
Casperson Hummel Palsrok Walker
Caswell Hune Pastor Ward
Caul Jones, Hayes Pavlov Wenke
Clemente Jones, Rick Pearce Williams
DeRoche Kahn Polidori Wojno
Donigan Kooiman Proos Zelenko
Drolet LaJoy
Nays--23
Adamini Farrah Leland Murphy
Cheeks Gonzales Lemmons, Jr. Smith, Alma
Clack Hood Lipsey Tobocman
Condino Hopgood McConico Vagnozzi
Cushingberry Hunter Meadows Waters
Dillon Kolb Meisner
In The Chair: Elsenheimer
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Tobocman, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against HB 5300 - 5310 because this legislation is completely unnecessary, will harm valued residents, and sends the wrong message as a state welcoming to immigrants. Specifically, these bills seek to address some alleged problem of undocument (or so-called 'illegal') immigrants seeking public benefits. Numerous studies have demonstrated that immigrants, particularly those who have been in the U.S. for longer periods of time, contribute more in taxes than they use in benefits. Here in Michigan, a state far from our nation's southern border where our largest illegal immigration problems exist, most immigrants come seeking permanent or longer-term residency.
What is most troubling is the impacts and drafting of HB 5300. This bill would prohibit MSHDA homeownership tools from being used by LEGAL aliens who are here on a non-permanent (or temporary) basis. These legally residing individuals who may be working for Michigan companies, will not be able to use MSHDA tools to purchase a home, pay real estate taxes and otherwise integrate into our society. Why we would want to DISCOURAGE home ownership, instead of encourage expanding the number of homeowners is beyond me?"
______
Rep. Sak moved that Rep. Bennett be excused temporarily from today's session.
The motion prevailed.
Rep. Drolet moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
House Bill No. 5303, entitled
A bill to amend 1964 PA 208, entitled "An act to grant scholarships to students enrolled in postsecondary education institutions; and to provide for the administration of the scholarship program," by amending section 4 (MCL 390.974), as amended by 1986 PA 270.
The Senate has amended the bill as follows:
1. Amend page 3, line 8, by striking out all of subdivision (j).
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1348 Yeas--80
Accavitti Espinoza Lemmons, Jr. Rocca
Acciavatti Farhat Marleau Sak
Amos Gaffney Mayes Schuitmaker
Anderson Garfield McDowell Shaffer
Angerer Gillard Meyer Sheen
Ball Gleason Miller Sheltrown
Baxter Gosselin Moolenaar Spade
Bieda Green Moore Stahl
Booher Hansen Mortimer Stakoe
Brandenburg Hildenbrand Newell Stewart
Brown Hoogendyk Nitz Taub
Byrnes Huizenga Nofs Van Regenmorter
Byrum Hummel Palmer Vander Veen
Casperson Hune Palsrok Walker
Caswell Jones, Hayes Pastor Ward
Caul Jones, Rick Pavlov Waters
Clemente Kahn Pearce Wenke
Drolet Kooiman Polidori Williams
Elsenheimer LaJoy Proos Wojno
Emmons Law, David Robertson Zelenko
Nays--24
Adamini Donigan Kolb Meisner
Cheeks Farrah Law, Kathleen Murphy
Clack Gonzales Leland Smith, Alma
Condino Hood Lipsey Smith, Virgil
Cushingberry Hopgood McConico Tobocman
Dillon Hunter Meadows Vagnozzi
In The Chair: Elsenheimer
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Tobocman, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against HB 5300 - 5310 because this legislation is completely unnecessary, will harm valued residents, and sends the wrong message as a state welcoming to immigrants. Specifically, these bills seek to address some alleged problem of undocument (or so-called 'illegal') immigrants seeking public benefits. Numerous studies have demonstrated that immigrants, particularly those who have been in the U.S. for longer periods of time, contribute more in taxes than they use in benefits. Here in Michigan, a state far from our nation's southern border where our largest illegal immigration problems exist, most immigrants come seeking permanent or longer-term residency.
What is most troubling is the impacts and drafting of HB 5300. This bill would prohibit MSHDA homeownership tools from being used by LEGAL aliens who are here on a non-permanent (or temporary) basis. These legally residing individuals who may be working for Michigan companies, will not be able to use MSHDA tools to purchase a home, pay real estate taxes and otherwise integrate into our society. Why we would want to DISCOURAGE home ownership, instead of encourage expanding the number of homeowners is beyond me?"
House Bill No. 5304, entitled
A bill to amend 1986 PA 303, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible graduate and professional graduate schools and employed by qualified employers; to prescribe the powers and duties of certain state agencies; and to provide for an appropriation," by amending section 4 (MCL 390.1324).
The Senate has amended the bill as follows:
1. Amend page 3, line 5, by striking out all of subdivision (j).
The Senate has passed the bill as amended.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1349 Yeas--79
Accavitti Emmons Law, David Rocca
Acciavatti Espinoza Marleau Sak
Amos Farhat Mayes Schuitmaker
Anderson Gaffney McDowell Shaffer
Angerer Garfield Meyer Sheen
Ball Gillard Miller Sheltrown
Baxter Gleason Moolenaar Spade
Bieda Gosselin Moore Stahl
Booher Green Mortimer Stakoe
Brandenburg Hansen Newell Stewart
Brown Hildenbrand Nitz Taub
Byrnes Hoogendyk Nofs Van Regenmorter
Byrum Huizenga Palmer Vander Veen
Casperson Hummel Palsrok Walker
Caswell Hune Pastor Ward
Caul Jones, Hayes Pavlov Wenke
Clemente Jones, Rick Pearce Williams
Donigan Kahn Polidori Wojno
Drolet Kooiman Proos Zelenko
Elsenheimer LaJoy Robertson
Nays--25
Adamini Gonzales Leland Murphy
Cheeks Hood Lemmons, Jr. Smith, Alma
Clack Hopgood Lipsey Smith, Virgil
Condino Hunter McConico Tobocman
Cushingberry Kolb Meadows Vagnozzi
Dillon Law, Kathleen Meisner Waters
Farrah
In The Chair: Elsenheimer
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Rep. Tobocman, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against HB 5300 - 5310 because this legislation is completely unnecessary, will harm valued residents, and sends the wrong message as a state welcoming to immigrants. Specifically, these bills seek to address some alleged problem of undocument (or so-called 'illegal') immigrants seeking public benefits. Numerous studies have demonstrated that immigrants, particularly those who have been in the U.S. for longer periods of time, contribute more in taxes than they use in benefits. Here in Michigan, a state far from our nation's southern border where our largest illegal immigration problems exist, most immigrants come seeking permanent or longer-term residency.
What is most troubling is the impacts and drafting of HB 5300. This bill would prohibit MSHDA homeownership tools from being used by LEGAL aliens who are here on a non-permanent (or temporary) basis. These legally residing individuals who may be working for Michigan companies, will not be able to use MSHDA tools to purchase a home, pay real estate taxes and otherwise integrate into our society. Why we would want to DISCOURAGE home ownership, instead of encourage expanding the number of homeowners is beyond me?"
House Bill No. 5305, entitled
A bill to amend 1986 PA 288, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible postsecondary schools and employed by qualified employers; and to prescribe the powers and duties of certain state agencies," by amending section 4 (MCL 390.1374), as amended by 1990 PA 47.
The Senate has amended the bill as follows:
1. Amend page 3, line 18, by striking out all of subdivision (j).
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1350 Yeas--80
Accavitti Emmons Law, David Rocca
Acciavatti Espinoza Marleau Sak
Amos Farhat Mayes Schuitmaker
Anderson Gaffney McDowell Shaffer
Angerer Garfield Meyer Sheen
Ball Gillard Miller Sheltrown
Baxter Gleason Moolenaar Spade
Bieda Gosselin Moore Stahl
Booher Green Mortimer Stakoe
Brandenburg Hansen Newell Stewart
Brown Hildenbrand Nitz Taub
Byrnes Hoogendyk Nofs Van Regenmorter
Byrum Huizenga Palmer Vander Veen
Casperson Hummel Palsrok Walker
Caswell Hune Pastor Ward
Caul Jones, Hayes Pavlov Waters
Clemente Jones, Rick Pearce Wenke
Donigan Kahn Polidori Williams
Drolet Kooiman Proos Wojno
Elsenheimer LaJoy Robertson Zelenko
Nays--24
Adamini Farrah Law, Kathleen Meisner
Cheeks Gonzales Leland Murphy
Clack Hood Lemmons, Jr. Smith, Alma
Condino Hopgood Lipsey Smith, Virgil
Cushingberry Hunter McConico Tobocman
Dillon Kolb Meadows Vagnozzi
In The Chair: Elsenheimer
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Tobocman, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against HB 5300 - 5310 because this legislation is completely unnecessary, will harm valued residents, and sends the wrong message as a state welcoming to immigrants. Specifically, these bills seek to address some alleged problem of undocument (or so-called 'illegal') immigrants seeking public benefits. Numerous studies have demonstrated that immigrants, particularly those who have been in the U.S. for longer periods of time, contribute more in taxes than they use in benefits. Here in Michigan, a state far from our nation's southern border where our largest illegal immigration problems exist, most immigrants come seeking permanent or longer-term residency.
What is most troubling is the impacts and drafting of HB 5300. This bill would prohibit MSHDA homeownership tools from being used by LEGAL aliens who are here on a non-permanent (or temporary) basis. These legally residing individuals who may be working for Michigan companies, will not be able to use MSHDA tools to purchase a home, pay real estate taxes and otherwise integrate into our society. Why we would want to DISCOURAGE home ownership, instead of encourage expanding the number of homeowners is beyond me?"
______
Rep. Sak moved that Rep. Kathleen Law be excused temporarily from today's session.
The motion prevailed.
House Bill No. 6098, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section1241; and to repeal acts and parts of acts.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill 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 1915 (MCL 500.1915), as added by 1980 PA 341.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
Rep. Bieda moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Hildenbrand moved that Rep. Sheen be excused temporarily from today's session.
The motion prevailed.
House Bill No. 6663, entitled
A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending section 5 (MCL 480.15), as amended by 2005 PA 177.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1351 Yeas--99
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, Jr. Rocca
Adamini Farrah Lipsey Sak
Amos Gaffney Marleau Schuitmaker
Anderson Garfield Mayes Shaffer
Angerer Gillard McConico Sheltrown
Ball Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Green Meisner Spade
Brandenburg Hansen Meyer Stahl
Brown Hildenbrand Miller Stakoe
Byrnes Hood Moolenaar Stewart
Byrum Hoogendyk Moore Taub
Casperson Hopgood Mortimer Tobocman
Caswell Huizenga Murphy Vagnozzi
Caul Hummel Newell Van Regenmorter
Cheeks Hune Nitz Vander Veen
Clack Hunter Nofs Walker
Clemente Jones, Hayes Palmer Ward
Condino Jones, Rick Palsrok Waters
Cushingberry Kahn Pastor Wenke
Dillon Kolb Pavlov Williams
Donigan Kooiman Pearce Wojno
Elsenheimer LaJoy Polidori Zelenko
Emmons Law, David Proos
Nays--3
Baxter Drolet Gosselin
In The Chair: Elsenheimer
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4918, entitled
A bill to amend 1968 PA 357, entitled "An act to prescribe the powers, duties and functions of the state officers' compensation commission; and to prescribe the powers and duties of the legislature in relation to the commission," by amending section 7 (MCL 15.217).
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2).
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1352 Yeas--103
Accavitti Emmons Law, David Robertson
Acciavatti Espinoza Leland Rocca
Adamini Farhat Lemmons, Jr. Sak
Amos Farrah Lipsey Schuitmaker
Anderson Gaffney Marleau Shaffer
Angerer Garfield Mayes Sheen
Ball Gillard McConico Sheltrown
Baxter Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Elsenheimer LaJoy Proos
Nays--0
In The Chair: Elsenheimer
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4919, entitled
A bill to amend 1968 PA 357, entitled "An act to prescribe the powers, duties and functions of the state officers' compensation commission; and to prescribe the powers and duties of the legislature in relation to the commission," by amending sections 1, 3, and 6 (MCL 15.211, 15.213, and 15.216).
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1968 PA 357, entitled "An act to prescribe the powers, duties and functions of the state officers' compensation commission; and to prescribe the powers and duties of the legislature in relation to the commission," by amending sections 1, 3, and 6 (MCL 15.211, 15.213, and 15.216).
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1353 Yeas--103
Accavitti Emmons Law, David Robertson
Acciavatti Espinoza Leland Rocca
Adamini Farhat Lemmons, Jr. Sak
Amos Farrah Lipsey Schuitmaker
Anderson Gaffney Marleau Shaffer
Angerer Garfield Mayes Sheen
Ball Gillard McConico Sheltrown
Baxter Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Elsenheimer LaJoy Proos
Nays--0
In The Chair: Elsenheimer
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5750, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16106 and 17211 (MCL 333.16106 and 333.17211), section 16106 as amended by 2002 PA 643.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 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 16181 (MCL 333.16181), as amended by 2006 PA 398, and by adding section 2264.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1354 Yeas--101
Accavitti Emmons Leland Robertson
Acciavatti Espinoza Lemmons, Jr. Rocca
Adamini Farhat Lipsey Sak
Amos Farrah Marleau Schuitmaker
Anderson Gaffney Mayes Shaffer
Angerer Garfield McConico Sheen
Ball Gillard McDowell Sheltrown
Baxter Gleason Meadows Smith, Alma
Bieda Gonzales Meisner Smith, Virgil
Booher Gosselin Meyer Spade
Brandenburg Green Miller Stahl
Brown Hansen Moolenaar Stakoe
Byrnes Hildenbrand Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hune Nitz Van Regenmorter
Cheeks Hunter Nofs Vander Veen
Clack Jones, Hayes Palmer Walker
Clemente Jones, Rick Palsrok Ward
Condino Kahn Pastor Waters
Cushingberry Kolb Pavlov Wenke
Dillon Kooiman Pearce Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
Elsenheimer
Nays--1
Hood
In The Chair: Elsenheimer
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Pastor moved that Rep. Hummel be excused temporarily from today's session.
The motion prevailed.
House Bill No. 4536, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 2002 PA 620.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 34c (MCL 211.34c), as amended by 2006 PA 376.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-3) made to the bill by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1355 Yeas--103
Accavitti Elsenheimer Law, David Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bieda Gleason Meadows Smith, Virgil
Booher Gonzales Meisner Spade
Brandenburg Gosselin Meyer Stahl
Brown Green Miller Stakoe
Byrnes Hansen Moolenaar Stewart
Byrum Hildenbrand Moore Taub
Casperson Hood Mortimer Tobocman
Caswell Hoogendyk Murphy Vagnozzi
Caul Hopgood Newell Van Regenmorter
Cheeks Huizenga Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Polidori Zelenko
Drolet LaJoy Proos
Nays--0
In The Chair: Elsenheimer
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6108, entitled
A bill to amend 2000 PA 146, entitled "Obsolete property rehabilitation act," by amending section 8 (MCL 125.2788).
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1356 Yeas--103
Accavitti Elsenheimer Law, David Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bieda Gleason Meadows Smith, Virgil
Booher Gonzales Meisner Spade
Brandenburg Gosselin Meyer Stahl
Brown Green Miller Stakoe
Byrnes Hansen Moolenaar Stewart
Byrum Hildenbrand Moore Taub
Casperson Hood Mortimer Tobocman
Caswell Hoogendyk Murphy Vagnozzi
Caul Hopgood Newell Van Regenmorter
Cheeks Huizenga Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Polidori Zelenko
Drolet LaJoy Proos
Nays--0
In The Chair: Elsenheimer
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5306, entitled
A bill to amend 1986 PA 273, entitled "An act to establish a Michigan educational opportunity grant program for resident qualified students enrolled in eligible public postsecondary schools; and to prescribe the powers and duties of certain state agencies," by amending section 4 (MCL 390.1404).
The Senate has amended the bill as follows:
1. Amend page 3, line 9, by striking out all of subdivision (j).
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1357 Yeas--82
Accavitti Emmons Law, David Rocca
Acciavatti Espinoza Marleau Sak
Amos Farhat Mayes Schuitmaker
Anderson Farrah McDowell Shaffer
Angerer Gaffney Meyer Sheen
Ball Garfield Miller Sheltrown
Baxter Gillard Moolenaar Spade
Bieda Gleason Moore Stahl
Booher Gosselin Mortimer Stakoe
Brandenburg Green Newell Stewart
Brown Hansen Nitz Taub
Byrnes Hildenbrand Nofs Van Regenmorter
Byrum Hoogendyk Palmer Vander Veen
Casperson Huizenga Palsrok Walker
Caswell Hummel Pastor Ward
Caul Hune Pavlov Waters
Clemente Jones, Hayes Pearce Wenke
DeRoche Jones, Rick Polidori Williams
Donigan Kahn Proos Wojno
Drolet Kooiman Robertson Zelenko
Elsenheimer LaJoy
Nays--22
Adamini Gonzales Lemmons, Jr. Murphy
Cheeks Hood Lipsey Smith, Alma
Clack Hopgood McConico Smith, Virgil
Condino Hunter Meadows Tobocman
Cushingberry Kolb Meisner Vagnozzi
Dillon Leland
In The Chair: Elsenheimer
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Tobocman, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against HB 5300 - 5310 because this legislation is completely unnecessary, will harm valued residents, and sends the wrong message as a state welcoming to immigrants. Specifically, these bills seek to address some alleged problem of undocument (or so-called 'illegal') immigrants seeking public benefits. Numerous studies have demonstrated that immigrants, particularly those who have been in the U.S. for longer periods of time, contribute more in taxes than they use in benefits. Here in Michigan, a state far from our nation's southern border where our largest illegal immigration problems exist, most immigrants come seeking permanent or longer-term residency.
What is most troubling is the impacts and drafting of HB 5300. This bill would prohibit MSHDA homeownership tools from being used by LEGAL aliens who are here on a non-permanent (or temporary) basis. These legally residing individuals who may be working for Michigan companies, will not be able to use MSHDA tools to purchase a home, pay real estate taxes and otherwise integrate into our society. Why we would want to DISCOURAGE home ownership, instead of encourage expanding the number of homeowners is beyond me?"
The Speaker Pro Tempore resumed the Chair.
House Bill No. 5307, entitled
A bill to amend 1966 PA 313, entitled "An act to award tuition grants to resident students enrolled in independent nonprofit institutions of higher learning; and to make an appropriation therefor," by amending section 3 (MCL 390.993), as amended by 1980 PA 503.
The Senate has amended the bill as follows:
1. Amend page 3, line 13, by striking out all of subdivision (j).
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1358 Yeas--83
Accavitti Elsenheimer LaJoy Robertson
Acciavatti Emmons Law, David Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Marleau Schuitmaker
Anderson Gaffney Mayes Shaffer
Angerer Garfield McDowell Sheen
Ball Gillard Meyer Sheltrown
Baxter Gleason Miller Spade
Bieda Gonzales Moolenaar Stahl
Booher Gosselin Moore Stakoe
Brandenburg Green Mortimer Stewart
Brown Hansen Newell Taub
Byrnes Hildenbrand Nitz Van Regenmorter
Byrum Hoogendyk Nofs Vander Veen
Casperson Huizenga Palmer Walker
Caswell Hummel Palsrok Ward
Caul Hune Pastor Wenke
Clemente Jones, Hayes Pavlov Williams
DeRoche Jones, Rick Pearce Wojno
Donigan Kahn Polidori Zelenko
Drolet Kooiman Proos
Nays--21
Cheeks Hood Lipsey Smith, Alma
Clack Hopgood McConico Smith, Virgil
Condino Hunter Meadows Tobocman
Cushingberry Kolb Meisner Vagnozzi
Dillon Leland Murphy Waters
Farrah
In The Chair: Kooiman
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Rep. Tobocman, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against HB 5300 - 5310 because this legislation is completely unnecessary, will harm valued residents, and sends the wrong message as a state welcoming to immigrants. Specifically, these bills seek to address some alleged problem of undocument (or so-called 'illegal') immigrants seeking public benefits. Numerous studies have demonstrated that immigrants, particularly those who have been in the U.S. for longer periods of time, contribute more in taxes than they use in benefits. Here in Michigan, a state far from our nation's southern border where our largest illegal immigration problems exist, most immigrants come seeking permanent or longer-term residency.
What is most troubling is the impacts and drafting of HB 5300. This bill would prohibit MSHDA homeownership tools from being used by LEGAL aliens who are here on a non-permanent (or temporary) basis. These legally residing individuals who may be working for Michigan companies, will not be able to use MSHDA tools to purchase a home, pay real estate taxes and otherwise integrate into our society. Why we would want to DISCOURAGE home ownership, instead of encourage expanding the number of homeowners is beyond me?"
House Bill No. 5308, entitled
A bill to amend 1978 PA 105, entitled "An act to provide grants to students enrolled in independent nonprofit institutions of higher learning; and to provide for the promulgation of rules," by amending section 4 (MCL 390.1274), as amended by 2004 PA 184.
The Senate has amended the bill as follows:
1. Amend page 2, line 25, by striking out all of subdivision (j).
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1359 Yeas--81
Accavitti Emmons Law, David Robertson
Acciavatti Espinoza Lemmons, Jr. Rocca
Amos Farhat Marleau Sak
Anderson Gaffney Mayes Schuitmaker
Angerer Garfield McDowell Shaffer
Ball Gillard Meyer Sheen
Baxter Gleason Miller Sheltrown
Bieda Gosselin Moolenaar Spade
Booher Green Moore Stahl
Brandenburg Hansen Mortimer Stakoe
Brown Hildenbrand Newell Stewart
Byrnes Hoogendyk Nitz Taub
Byrum Huizenga Nofs Van Regenmorter
Casperson Hummel Palmer Vander Veen
Caswell Hune Palsrok Walker
Caul Jones, Hayes Pastor Ward
Clemente Jones, Rick Pavlov Wenke
DeRoche Kahn Pearce Williams
Donigan Kooiman Polidori Wojno
Drolet LaJoy Proos Zelenko
Elsenheimer
Nays--23
Adamini Farrah Leland Smith, Alma
Cheeks Gonzales Lipsey Smith, Virgil
Clack Hood McConico Tobocman
Condino Hopgood Meadows Vagnozzi
Cushingberry Hunter Meisner Waters
Dillon Kolb Murphy
In The Chair: Kooiman
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Tobocman, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against HB 5300 - 5310 because this legislation is completely unnecessary, will harm valued residents, and sends the wrong message as a state welcoming to immigrants. Specifically, these bills seek to address some alleged problem of undocument (or so-called 'illegal') immigrants seeking public benefits. Numerous studies have demonstrated that immigrants, particularly those who have been in the U.S. for longer periods of time, contribute more in taxes than they use in benefits. Here in Michigan, a state far from our nation's southern border where our largest illegal immigration problems exist, most immigrants come seeking permanent or longer-term residency.
What is most troubling is the impacts and drafting of HB 5300. This bill would prohibit MSHDA homeownership tools from being used by LEGAL aliens who are here on a non-permanent (or temporary) basis. These legally residing individuals who may be working for Michigan companies, will not be able to use MSHDA tools to purchase a home, pay real estate taxes and otherwise integrate into our society. Why we would want to DISCOURAGE home ownership, instead of encourage expanding the number of homeowners is beyond me?"
House Bill No. 5309, entitled
A bill to amend 1976 PA 228, entitled "The legislative merit award program act," by amending section 4 (MCL 390.1304), as amended by 2004 PA 182.
The Senate has amended the bill as follows:
1. Amend page 2, line 19, by striking out all of subdivision (j).
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1360 Yeas--81
Accavitti Emmons Law, David Rocca
Acciavatti Espinoza Lemmons, Jr. Sak
Amos Farhat Marleau Schuitmaker
Anderson Gaffney Mayes Shaffer
Angerer Garfield McDowell Sheen
Ball Gillard Meyer Sheltrown
Baxter Gleason Miller Spade
Bieda Gosselin Moolenaar Stahl
Booher Green Moore Stakoe
Brandenburg Hansen Mortimer Stewart
Brown Hildenbrand Newell Taub
Byrnes Hoogendyk Nitz Van Regenmorter
Byrum Huizenga Nofs Vander Veen
Casperson Hummel Palmer Walker
Caswell Hune Palsrok Ward
Caul Jones, Hayes Pastor Waters
Clemente Jones, Rick Pavlov Wenke
DeRoche Kahn Pearce Williams
Donigan Kooiman Proos Wojno
Drolet LaJoy Robertson Zelenko
Elsenheimer
Nays--23
Adamini Farrah Leland Polidori
Cheeks Gonzales Lipsey Smith, Alma
Clack Hood McConico Smith, Virgil
Condino Hopgood Meadows Tobocman
Cushingberry Hunter Meisner Vagnozzi
Dillon Kolb Murphy
In The Chair: Kooiman
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Tobocman, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against HB 5300 - 5310 because this legislation is completely unnecessary, will harm valued residents, and sends the wrong message as a state welcoming to immigrants. Specifically, these bills seek to address some alleged problem of undocument (or so-called 'illegal') immigrants seeking public benefits. Numerous studies have demonstrated that immigrants, particularly those who have been in the U.S. for longer periods of time, contribute more in taxes than they use in benefits. Here in Michigan, a state far from our nation's southern border where our largest illegal immigration problems exist, most immigrants come seeking permanent or longer-term residency.
What is most troubling is the impacts and drafting of HB 5300. This bill would prohibit MSHDA homeownership tools from being used by LEGAL aliens who are here on a non-permanent (or temporary) basis. These legally residing individuals who may be working for Michigan companies, will not be able to use MSHDA tools to purchase a home, pay real estate taxes and otherwise integrate into our society. Why we would want to DISCOURAGE home ownership, instead of encourage expanding the number of homeowners is beyond me?"
House Bill No. 6478, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 112b, 112c, and 112e (MCL 400.112b, 400.112c, and 400.112e), as added by 1995 PA 85; and to repeal acts and parts of acts.
The Senate has amended the bill as follows:
1. Amend page 5, line 13, after "THAN" by striking out "180" and inserting "270".
2. Amend page 6, line 3, after "PROGRAM" by inserting "OR DEPARTMENT OF COMMUNITY HEALTH DESIGNATED SINGLE POINT OF ENTRY AGENCIES, OR BOTH,".
3. Amend page 6, line 5, after "WITH" by inserting "THE DEPARTMENT OF HUMAN SERVICES AND".
4. Amend page 6, line 19, after "HEALTH" by inserting a comma and "IN CONSULTATION WITH THE DEPARTMENT OF HUMAN SERVICES AND THE OFFICE OF FINANCIAL SERVICES,".
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1361 Yeas--103
Accavitti Emmons Law, David Robertson
Acciavatti Espinoza Leland Rocca
Adamini Farhat Lemmons, Jr. Sak
Amos Farrah Lipsey Schuitmaker
Anderson Gaffney Marleau Shaffer
Angerer Garfield Mayes Sheen
Ball Gillard McConico Sheltrown
Baxter Gleason McDowell Smith, Alma
Bieda Gonzales Meadows Smith, Virgil
Booher Gosselin Meisner Spade
Brandenburg Green Meyer Stahl
Brown Hansen Miller Stakoe
Byrnes Hildenbrand Moolenaar Stewart
Byrum Hood Moore Taub
Casperson Hoogendyk Mortimer Tobocman
Caswell Hopgood Murphy Vagnozzi
Caul Huizenga Newell Van Regenmorter
Cheeks Hummel Nitz Vander Veen
Clack Hune Nofs Walker
Clemente Hunter Palmer Ward
Condino Jones, Hayes Palsrok Waters
Cushingberry Jones, Rick Pastor Wenke
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Polidori Zelenko
Elsenheimer LaJoy Proos
Nays--1
Drolet
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The House returned to the consideration of
House Bill No. 6098, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section1241; and to repeal acts and parts of acts.
(The bill was considered earlier today, see today's Journal, p. 3227.)
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1362 Yeas--77
Accavitti Drolet Jones, Rick Pavlov
Acciavatti Emmons Kahn Pearce
Adamini Espinoza Kolb Polidori
Amos Farrah Kooiman Proos
Anderson Gaffney LaJoy Robertson
Angerer Garfield Leland Shaffer
Ball Gillard Lipsey Sheen
Bieda Gleason Marleau Spade
Booher Gonzales Mayes Stahl
Brandenburg Gosselin McDowell Stakoe
Brown Green Meyer Stewart
Byrnes Hansen Moolenaar Taub
Casperson Hildenbrand Mortimer Tobocman
Caswell Hoogendyk Newell Vander Veen
Caul Hopgood Nitz Walker
Clack Huizenga Nofs Ward
Condino Hummel Palmer Wenke
DeRoche Hune Palsrok Williams
Dillon Hunter Pastor Wojno
Donigan
Nays--27
Baxter Hood Miller Smith, Alma
Byrum Jones, Hayes Moore Smith, Virgil
Cheeks Law, David Murphy Vagnozzi
Clemente Lemmons, Jr. Rocca Van Regenmorter
Cushingberry McConico Sak Waters
Elsenheimer Meadows Schuitmaker Zelenko
Farhat Meisner Sheltrown
In The Chair: Kooiman
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Mayes moved that Rep. Leland be excused temporarily from today's session.
The motion prevailed.
Third Reading of Bills
Senate Bill No. 1289, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by repealing section 216 (MCL 330.1216).
The bill was read a third time.
The question being on the passage of the bill,
Rep. McConico moved to substitute (H-1) the bill.
The motion was not seconded.
Rep. Sak moved to reconsider the vote by which the House did not second the motion made by Rep. McConico.
The question being on the motion made by Rep. Sak,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Sak,
The motion did not prevail, a majority of members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1363 Yeas--46
Accavitti Cushingberry Kolb Sak
Adamini Dillon Lemmons, Jr. Sheltrown
Anderson Donigan Lipsey Smith, Alma
Angerer Espinoza Mayes Smith, Virgil
Bieda Farrah McConico Spade
Brown Gillard McDowell Tobocman
Byrnes Gleason Meadows Vagnozzi
Byrum Gonzales Meisner Waters
Cheeks Hood Miller Williams
Clack Hopgood Murphy Wojno
Clemente Hunter Polidori Zelenko
Condino Jones, Hayes
Nays--57
Acciavatti Garfield Marleau Robertson
Amos Gosselin Meyer Rocca
Ball Green Moolenaar Schuitmaker
Baxter Hansen Moore Shaffer
Booher Hildenbrand Mortimer Sheen
Brandenburg Hoogendyk Newell Stahl
Casperson Huizenga Nitz Stakoe
Caswell Hummel Nofs Stewart
Caul Hune Palmer Taub
DeRoche Jones, Rick Palsrok Van Regenmorter
Drolet Kahn Pastor Vander Veen
Elsenheimer Kooiman Pavlov Walker
Emmons LaJoy Pearce Ward
Farhat Law, David Proos Wenke
Gaffney
In The Chair: Kooiman
______
Rep. Sak moved that Rep. Cushingberry be excused temporarily from today's session.
The motion prevailed.
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. 1364 Yeas--70
Acciavatti Elsenheimer Kahn Pearce
Amos Emmons Kooiman Polidori
Anderson Farhat LaJoy Proos
Angerer Farrah Law, David Robertson
Ball Gaffney Marleau Rocca
Baxter Garfield Mayes Schuitmaker
Booher Gillard Meisner Shaffer
Brandenburg Gosselin Meyer Sheen
Brown Green Moolenaar Stahl
Byrum Hansen Moore Stakoe
Casperson Hildenbrand Mortimer Stewart
Caswell Hoogendyk Newell Taub
Caul Hopgood Nitz Van Regenmorter
Clemente Huizenga Palmer Vander Veen
DeRoche Hummel Palsrok Walker
Dillon Hune Pastor Ward
Donigan Jones, Hayes Pavlov Wenke
Drolet Jones, Rick
Nays--32
Accavitti Gleason McDowell Smith, Virgil
Adamini Gonzales Meadows Spade
Bieda Hood Miller Tobocman
Byrnes Hunter Murphy Vagnozzi
Cheeks Kolb Nofs Waters
Clack Lemmons, Jr. Sak Williams
Condino Lipsey Sheltrown Wojno
Espinoza McConico Smith, Alma Zelenko
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 codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,"
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.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 6576, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 30104b.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," (MCL 324.101 to 324.90106) by adding section 30104b; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1365 Yeas--103
Accavitti Elsenheimer LaJoy Proos
Acciavatti Emmons Law, David Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bieda Gleason McDowell Smith, Alma
Booher Gonzales Meadows Spade
Brandenburg Gosselin Meisner Stahl
Brown Green Meyer Stakoe
Byrnes Hansen Miller Stewart
Byrum Hildenbrand Moolenaar Taub
Casperson Hood Moore Tobocman
Caswell Hoogendyk Mortimer Vagnozzi
Caul Hopgood Murphy Van Regenmorter
Cheeks Huizenga Newell Vander Veen
Clack Hummel Nitz Walker
Clemente Hune Nofs Ward
Condino Hunter Palmer Waters
Cushingberry Jones, Hayes Palsrok Wenke
DeRoche Jones, Rick Pastor Williams
Dillon Kahn Pavlov Wojno
Donigan Kolb Pearce Zelenko
Drolet Kooiman Polidori
Nays--0
In The Chair: Kooiman
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Rep. Sak moved that Rep. Dillon be excused temporarily from today's session.
The motion prevailed.
Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
House Bill No. 6577, entitled
A bill to amend 1976 PA 399, entitled "Safe drinking water act," by amending sections 4 and 21 (MCL 325.1004 and 325.1021), section 4 as amended by 2006 PA 37, and by adding section 4a.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1366 Yeas--102
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, Jr. Rocca
Adamini Farrah Lipsey Sak
Amos Gaffney Marleau Schuitmaker
Anderson Garfield Mayes Shaffer
Angerer Gillard McConico Sheen
Ball Gleason McDowell Sheltrown
Baxter Gonzales Meadows Smith, Alma
Bieda Gosselin Meisner Smith, Virgil
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Cheeks Hune Nofs Vander Veen
Clack Hunter Palmer Walker
Clemente Jones, Hayes Palsrok Ward
Condino Jones, Rick Pastor Waters
Cushingberry Kahn Pavlov Wenke
Donigan Kolb Pearce Williams
Drolet Kooiman Polidori Wojno
Elsenheimer LaJoy Proos Zelenko
Emmons Law, David
Nays--0
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Rep. Sak moved that Rep. Tobocman be excused temporarily from today's session.
The motion prevailed.
Rep. Ward moved that Rep. Caswell be excused temporarily from today's session.
The motion prevailed.
House Bill No. 6681, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," (MCL 42.1 to 42.34) by adding section 13a.
The Senate has amended the bill as follows:
1. Amend page 1, line 1, after "TOWNSHIP" by inserting "IN A COUNTY WITH A POPULATION OF MORE THAN 1,000,000 BUT LESS THAN 2,000,000".
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1367 Yeas--93
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, Jr. Rocca
Adamini Farrah Lipsey Sak
Amos Gaffney Marleau Schuitmaker
Anderson Gillard Mayes Sheen
Angerer Gleason McConico Sheltrown
Ball Gonzales McDowell Smith, Alma
Baxter Green Meadows Smith, Virgil
Bieda Hansen Meisner Spade
Booher Hildenbrand Meyer Stahl
Brandenburg Hood Miller Stakoe
Brown Hopgood Moolenaar Stewart
Byrnes Huizenga Moore Taub
Byrum Hummel Mortimer Vagnozzi
Casperson Hune Murphy Van Regenmorter
Caul Hunter Newell Vander Veen
Cheeks Jones, Hayes Nitz Walker
Clack Jones, Rick Nofs Ward
Clemente Kahn Palsrok Waters
Condino Kolb Pavlov Wenke
Cushingberry Kooiman Pearce Williams
Donigan LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Emmons
Nays--7
Drolet Gosselin Palmer Shaffer
Garfield Hoogendyk Pastor
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Rep. Caswell, 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. 1367. Had I been present, I would have voted 'yea'."
House Bill No. 6638, entitled
A bill to amend 1949 PA 208, entitled "An act to authorize cities, villages and townships of this state to designate neighborhood areas for the purpose of planning and carrying out local public improvements for the prevention of blight within such areas; to authorize assistance in carrying out plans for local improvements by the acquisition and disposal of real property in such areas; to provide for the combining of neighborhood improvements that benefit the entire neighborhood into 1 improvement project; to provide for the establishment of local assessment districts coterminous with the neighborhood boundaries; to prescribe the methods of financing the exercise of these powers, and to declare the effect of this act," by amending sections 2 and 4 (MCL 125.942 and 125.944).
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1368 Yeas--104
Accavitti Elsenheimer LaJoy Proos
Acciavatti Emmons Law, David Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bieda Gleason McDowell Smith, Alma
Booher Gonzales Meadows Smith, Virgil
Brandenburg Gosselin Meisner Spade
Brown Green Meyer Stahl
Byrnes Hansen Miller Stakoe
Byrum Hildenbrand Moolenaar Stewart
Casperson Hood Moore Taub
Caswell Hoogendyk Mortimer Tobocman
Caul Hopgood Murphy Vagnozzi
Cheeks Huizenga Newell Van Regenmorter
Clack Hummel Nitz Vander Veen
Clemente Hune Nofs Walker
Condino Hunter Palmer Ward
Cushingberry Jones, Hayes Palsrok Waters
DeRoche Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Nays--0
In The Chair: Kooiman
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6639, entitled
A bill to amend 1945 PA 344, entitled "An act to authorize counties, cities, villages and townships of this state to adopt plans to prevent blight and to adopt plans for the rehabilitation of blighted areas; to authorize assistance in carrying out such plans by the acquisition of real property, the improvement of such real property and the disposal of real property in such areas; to prescribe the methods of financing the exercise of these powers; and to declare the effect of this act," by amending sections 2, 3, and 5 (MCL 125.72, 125.73, and 125.75), sections 2 and 3 as amended by 1986 PA 320.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1369 Yeas--104
Accavitti Elsenheimer LaJoy Proos
Acciavatti Emmons Law, David Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bieda Gleason McDowell Smith, Alma
Booher Gonzales Meadows Smith, Virgil
Brandenburg Gosselin Meisner Spade
Brown Green Meyer Stahl
Byrnes Hansen Miller Stakoe
Byrum Hildenbrand Moolenaar Stewart
Casperson Hood Moore Taub
Caswell Hoogendyk Mortimer Tobocman
Caul Hopgood Murphy Vagnozzi
Cheeks Huizenga Newell Van Regenmorter
Clack Hummel Nitz Vander Veen
Clemente Hune Nofs Walker
Condino Hunter Palmer Ward
Cushingberry Jones, Hayes Palsrok Waters
DeRoche Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Nays--0
In The Chair: Kooiman
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Elsenheimer, Sak, Accavitti, Angerer, Ball, Baxter, Bieda, Booher, Brandenburg, Brown, Casperson, Caul, Clack, Condino, Emmons, Farhat, Farrah, Gaffney, Garfield, Gillard, Gleason, Gonzales, Green, Hansen, Hildenbrand, Hoogendyk, Huizenga, Hayes Jones, Kahn, LaJoy, Kathleen Law, Leland, Lemmons, Jr., Lipsey, Marleau, Mayes, McDowell, Meadows, Meyer, Mortimer, Nitz, Nofs, Palmer, Pastor, Pavlov, Pearce, Polidori, Proos, Robertson, Rocca, Shaffer, Sheen, Sheltrown, Virgil Smith, Stahl, Stakoe, Taub, Tobocman, Vagnozzi, Vander Veen, Walker and Zelenko offered the following resolution:
House Resolution No. 353.
A resolution to memorialize the United States Navy to award Corporal Ralph Holewinski the Navy Cross.
Whereas, Since 1919, the Navy Cross has been presented to those individuals displaying extraordinary acts of heroism during times of war. It is second only to the Congressional Medal of Honor in rank. It has been presented to over 2,000 seamen from World War II; and
Whereas, Wake Island, in the Second World War, was a strategic location for both American and Japanese forces in the Pacific Ocean; and
Whereas, Corporal Ralph Holewinski was engaged in combat with Japanese forces at the Battle of Wake Island from December 8th through 23rd, 1941; and
Whereas, During the conflict on Wake Island, Navy and Marine forces were severely outmanned and outgunned. Corporal Holewinski was a part of American forces that were able to repel Japanese warships and withstand numerous air raids by Japanese forces; and
Whereas, Despite great risk to his own life, he was steadfast in his defense of the island, using his rifle on multiple occasions. On December 23rd, 1941, during an amphibious assault by Japanese forces on the tiny island, CorporalHolewinski, fired a three-inch gun, destroying two Japanese ships with direct hits; and
Whereas, Corporal Holewinski suffered great wounds to his legs and back from machine gun fire and a grenade. He was treated at a Japanese hospital on Wake Island as a Prisoner of War. He remained there for the duration of the war; and
Whereas, Corporal Holewinski's extreme valor, bravery, and sacrifice, in a time of war, was both vital and inspiring to the people of Otsego County. Upon his return, he served as Otsego County Sheriff for 34 years in his home of Gaylord; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body memorialize the United States Navy to award Corporal Ralph Holewinski the Navy Cross; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the Chairman of the Joint Chiefs of Staff, the Secretary of the Navy of the United States and the members of the Michigan congressional delegation, the Otsego County Board of Commissioners, and Corporal Ralph Holewinski.
Pending the reference of the resolution to a committee,
Rep. Ward moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reports of Select Committees
House Bill No. 5453, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 52504 (MCL 324.52504), as added by 2004 PA 125.
(For text of conference report, see House Journal No. 94, p. 3123.)
The Senate has adopted the report of the Committee of Conference.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4315, entitled
A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 6 of chapter IV (MCL 224.6), as amended by 1982 PA 299.
(For text of conference report, see House Journal No. 92, p. 2977.)
The Senate has adopted the report of the Committee of Conference.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6606, entitled
A bill relating to the promotion of convention business and tourism in this state and certain metropolitan areas of this state; to provide for tourism and convention marketing and promotion programs in certain metropolitan areas; to provide for imposition and collection of assessments on the owners of transient facilities to support tourism and convention marketing and promotion programs; to provide for the disbursement of the assessments; to establish the functions and duties of certain state departments and employees; and to prescribe penalties and remedies.
(For text of conference report, see House Journal No. 94, p. 3095.)
The Senate has adopted the report of the Committee of Conference.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Messages from the Senate
House Bill No. 4125, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1211 (MCL 380.1211), as amended by 2006 PA 380.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4357, entitled
A bill to amend 2004 PA 438, entitled "An act to designate Police Officers Memorial Day in the state of Michigan," by amending the title and sections 1 and 2 (MCL 435.351 and 435.352).
The Senate has concurred in the House amendment to the Senate substitute (S-1).
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5078, entitled
A bill to amend 1911 PA 149, entitled "An act to provide for the acquisition by purchase, condemnation and otherwise by state agencies and public corporations of private property for the use or benefit of the public, and to define the terms "public corporations," "state agencies" and "private property" as used herein," by amending section 3 (MCL 213.23), as amended by 2006 PA 368.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5257, entitled
A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the election and duties of township officers, and the division of townships," by amending section 78 (MCL 41.78), as amended by 1989 PA 77.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5351, entitled
A bill to repeal 1941 PA 152, entitled "An act to provide for the payment of bounties for the killing of starlings and crows; and to prescribe penalties for the violation of the provisions of this act," (MCL 433.301 to 433.304).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5608, entitled
A bill entering into the interstate insurance product regulation compact; and for related purposes.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5717, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 59 and 78n (MCL 211.59 and 211.78n), section 59 as amended by 2001 PA 97 and section 78n as added by 1999 PA 123.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5923, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 754 (MCL 330.1754), as amended by 1995 PA 290.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5927, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 104 (MCL 330.1104), as amended by 1986 PA 287.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5966, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2567a (MCL 600.2567a), as amended by 2002 PA 700.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6030, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7cc (MCL 211.7cc), as amended by 2003 PA 247.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6187, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 233 (MCL 257.233), as amended by 2005 PA 317.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6277, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4v (MCL 205.54v), as amended by 2002 PA 452.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6278, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4q (MCL 205.94q), as amended by 2002 PA 456.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6313, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 7702, 7704, 7705, 7706, 7707, 7708, 7709, 7711, 7712, 7714, and 7717 (MCL 500.7702, 500.7704, 500.7705, 500.7706, 500.7707, 500.7708, 500.7709, 500.7711, 500.7712, 500.7714, and 500.7717), sections 7702, 7708, 7709, 7711, 7712, 7714, and 7717 as amended by 1989 PA 302, sections 7704, 7705, and 7706 as amended by 1996 PA 548, and section 7707 as added by 1982 PA 194, and by adding section 838a.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6323, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7405, 17702, 17703, 17708, 17709, 17745, 17751, and 17763 (MCL 333.7405, 333.17702, 333.17703, 333.17708, 333.17709, 333.17745, 333.17751, and 333.17763), section 7405 as amended by 2004 PA 536, section 17702 as amended by 1986 PA 304, section 17703 as amended by 1992 PA 281, sections 17708, 17751, and 17763 as amended by 2005 PA 85, and section17745 as amended by 1997 PA 186, and by adding section 17754.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6346, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811 (MCL 257.811), as amended by 2004 PA 71.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6368, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 667a (MCL 257.667a), as amended by 2002 PA 534.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6386, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 6a (MCL 205.96a), as amended by 2004 PA 172.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6387, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 5b (MCL 205.55b), as amended by 2004 PA 173.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6474, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections16904 and 16905 (MCL 324.16904 and 324.16905), section 16905 as amended by 2002 PA 496.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6475, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 16908b.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6476, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section16906 (MCL 324.16906), as amended by 2002 PA 496.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6477, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 16909a.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6668, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections4101, 4105, and 4110 (MCL 324.4101, 324.4105, and 324.4110), section 4105 as amended by 2004 PA 325, and by adding sections 4112 and 4113.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Bill No. 1081, entitled
A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; to provide for expenditures under the supervision of the director of the department of management and budget and the state administrative board; to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2007; and to provide for the expenditure of the appropriations.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Sikkema, Johnson and Prusi as conferees.
The message was referred to the Clerk for record.
Notices
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 1081, Reps.DeRoche, Farhat and Brown.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, December 14, for her approval of the following bills:
Enrolled House Bill No. 6456 at 9:41 a.m.
Enrolled House Bill No. 5580 at 3:43 p.m.
Enrolled House Bill No. 5885 at 3:45 p.m.
Enrolled House Bill No. 5886 at 3:47 p.m.
Enrolled House Bill No. 5960 at 3:49 p.m.
Enrolled House Bill No. 6303 at 3:51 p.m.
Messages from the Governor
Date: December 14, 2006
Time: 10:55 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 6031 (Public Act No. 449, I.E.), being
An act to amend 1980 PA 119, entitled "An act to prescribe a privilege tax for the use of public roads and highways of this state by motor carriers by imposing a specific tax upon the use of motor fuel within this state; to provide for certain credits against this tax and certain mechanisms for paying, collecting, and enforcing this tax; to provide for the licensing of motor carriers and for exemptions from licensure; to require the keeping and providing for the examination of certain reports; to provide review procedures for the assessment of the tax and revocation of a license; to impose certain duties upon and confer certain powers to certain state departments and agencies; to prescribe certain penalties forthe violation of this act; and to make appropriations," by amending section 8 (MCL 207.218), as amended by 2004 PA472.
(Filed with the Secretary of State December 14, 2006, at 11:42 a.m.)
Date: December 14, 2006
Time: 11:01 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5682 (Public Act No. 452, I.E.), being
An act to amend 2001 PA 142, entitled "An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions," by amending section 98 (MCL 250.1098), as added by 2005 PA 258.
(Filed with the Secretary of State December 14, 2006, at 11:48 a.m.)
Date: December 14, 2006
Time: 11:03 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5961 (Public Act No. 453, I.E.), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 685 (MCL 257.685), as amended by 2006 PA 14.
(Filed with the Secretary of State December 14, 2006, at 11:50 a.m.)
Date: December 14, 2006
Time: 11:05 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 6075 (Public Act No. 454), being
An act to amend 1945 PA 327, entitled "An act relating to aeronautics in this state; providing for the development and regulation thereof; creating a state aeronautics commission; prescribing powers and duties; providing for the licensing, or registration, or supervision and control of all aircraft, airports and landing fields, schools of aviation, flying clubs, airmen, aviation instructors, airport managers, manufacturers, dealers, and commercial operation in intrastate commerce; providing for rules pertaining thereto; prescribing a privilege tax for the use of the aeronautical facilities on the lands and waters of this state; providing for the acquisition, development, and operation of airports, landing fields, and other aeronautical facilities by the state, by political subdivisions, or by public airport authorities; providing for the incorporation of public airport authorities and providing for the powers, duties, and obligations of public airport authorities; providing for the transfer of airport management to public airport authorities, including the transfer of airport liabilities, employees, and operational jurisdiction; providing jurisdiction of crimes, torts, and contracts; providing police powers for those entrusted to enforce this act; providing for civil liability of owners, operators, and others; making hunting from aircraft unlawful; providing for repair station operators lien; providing for appeals from rules or orders issued by the commission; providing for the transfer from the Michigan board of aeronautics to the aeronautics commission all properties and funds held by the board of aeronautics; providing for a state aeronautics fund and making an appropriation therefor; prescribing penalties; and making uniform the law with reference to state development and regulation of aeronautics," by amending section 184 (MCL 259.184), as amended by 1996 PA 370.
(Filed with the Secretary of State December 14, 2006, at 11:52 a.m.)
Date:December 14, 2006
Time:11:07 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 6186 (Public Act No. 455, I.E.), being
An act to amend 2001 PA 142, entitled "An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions," (MCL 250.1001 to 250.2080) by adding section 1074.
(Filed with the Secretary of State December 14, 2006, at 11:54 a.m.)
Communications from State Officers
The following communication from the Auditor General was received and read:
December 12, 2006
Enclosed is a copy of the following audit report and/or report summary:
Performance audit of the Customer Contact Process,
Department of Treasury
December 2006
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Elsenheimer to the Chair.
Quorum Call
Rep. Gosselin questioned the presence of a quorum and moved that the roll be called and printed in the Journal.
The motion prevailed.
The roll was called and the Clerk announced that a quorum was present.
The following is the roll call:
Roll Call No. 1370 Yeas--103
Accavitti Emmons Law, David Robertson
Acciavatti Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bieda Gleason McDowell Smith, Alma
Booher Gonzales Meadows Smith, Virgil
Brandenburg Gosselin Meisner Spade
Brown Green Meyer Stahl
Byrnes Hansen Miller Stakoe
Byrum Hildenbrand Moolenaar Stewart
Casperson Hood Moore Taub
Caswell Hoogendyk Mortimer Tobocman
Caul Hopgood Murphy Vagnozzi
Cheeks Huizenga Newell Van Regenmorter
Clack Hummel Nitz Vander Veen
Clemente Hune Nofs Walker
Condino Hunter Palmer Ward
Cushingberry Jones, Hayes Palsrok Waters
DeRoche Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Elsenheimer LaJoy Proos
In The Chair: Elsenheimer
______
The Speaker Pro Tempore resumed the Chair.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Ward moved that the Committee on Regulatory Reform be discharged from further consideration of Senate Bill No. 350.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
Senate Bill No. 350, entitled
A bill to amend 1933 PA 254, entitled "The motor carrier act," by amending section 1 of article I, sections 5, 6, 7, and 10 of article II, section 6 of article III, and section 2 of article V (MCL 475.1, 476.5, 476.6, 476.7, 476.10, 477.6, and 479.2), section 1 of article I, sections 5 and 7 of article II, and section 6 of article III as amended by 1993 PA 352, sections 6 and 10 of article II as amended by 1982 PA 399, and section 2 of article V as amended by 1996 PA 76, and by adding section 7 to article V.
The bill was read a second time.
Rep. Ward 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
Senate Bill No. 350, entitled
A bill to amend 1933 PA 254, entitled "The motor carrier act," by amending section 1 of article I, sections 5, 6, 7, and 10 of article II, section 6 of article III, and section 2 of article V (MCL 475.1, 476.5, 476.6, 476.7, 476.10, 477.6, and 479.2), section 1 of article I, sections 5 and 7 of article II, and section 6 of article III as amended by 1993 PA 352, sections 6 and 10 of article II as amended by 1982 PA 399, and section 2 of article V as amended by 1996 PA 76, and by adding section 7 to article V.
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.
Rep. Sak moved that Rep. Adamini be excused temporarily from today's session.
The motion prevailed.
Rep. Ward moved that Rep. Mortimer be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4647, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 36e.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and amended the title to read as follows:
A bill to amend 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," (MCL 208.1 to 208.145) by adding section 36g.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1371 Yeas--101
Accavitti Emmons LaJoy Proos
Acciavatti Espinoza Law, David Robertson
Amos Farhat Leland Rocca
Anderson Farrah Lemmons, Jr. Sak
Angerer Gaffney Lipsey Schuitmaker
Ball Garfield Marleau Shaffer
Baxter Gillard Mayes Sheen
Bieda Gleason McConico Sheltrown
Booher Gonzales McDowell Smith, Alma
Brandenburg Gosselin Meadows Smith, Virgil
Brown Green Meisner Spade
Byrnes Hansen Meyer Stahl
Byrum Hildenbrand Miller Stakoe
Casperson Hood Moolenaar Stewart
Caswell Hoogendyk Moore Taub
Caul Hopgood Murphy Tobocman
Cheeks Huizenga Newell Vagnozzi
Clack Hummel Nitz Van Regenmorter
Clemente Hune Nofs Vander Veen
Condino Hunter Palmer Walker
Cushingberry Jones, Hayes Palsrok Ward
DeRoche Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Elsenheimer
Nays--1
Waters
In The Chair: Kooiman
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5204, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4cc.
The Senate has substituted (S-4) the bill.
The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-4) made to the bill by the Senate,
The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1372 Yeas--102
Accavitti Emmons Law, David Robertson
Acciavatti Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bieda Gleason McDowell Smith, Alma
Booher Gonzales Meadows Smith, Virgil
Brandenburg Gosselin Meisner Spade
Brown Green Meyer Stahl
Byrnes Hansen Miller Stakoe
Byrum Hildenbrand Moolenaar Stewart
Casperson Hood Moore Taub
Caswell Hoogendyk Murphy Tobocman
Caul Hopgood Newell Vagnozzi
Cheeks Huizenga Nitz Van Regenmorter
Clack Hummel Nofs Vander Veen
Clemente Hune Palmer Walker
Condino Hunter Palsrok Ward
Cushingberry Jones, Hayes Pastor Waters
DeRoche Jones, Rick Pavlov Wenke
Dillon Kahn Pearce Williams
Donigan Kolb Polidori Wojno
Drolet Kooiman Proos Zelenko
Elsenheimer LaJoy
Nays--0
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6076, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4w (MCL 205.54w), as amended by 2004 PA 173.
The Senate has amended the bill as follows:
1. Amend page 1, line 9, after "FACILITY" by striking out "BUILT AFTER DECEMBER 31, 1995".
2. Amend page 2, line 25, after "facility" by striking out "built after December 31, 1995".
3. Amend page 3, line 2, after "FACILITY" by inserting "AND OFFERS HEALTH SERVICES PROVIDED BY THE COUNTY LONG-TERM MEDICAL CARE FACILITY".
4. Amend page 3, line 2, after "FACILITY" by striking out the comma and inserting a period and "AN EXEMPTION UNDER THIS SECTION SHALL BE GRANTED UNTIL JANUARY 1, 2008".
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1373 Yeas--103
Accavitti Emmons Law, David Robertson
Acciavatti Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bieda Gleason McDowell Smith, Alma
Booher Gonzales Meadows Smith, Virgil
Brandenburg Gosselin Meisner Spade
Brown Green Meyer Stahl
Byrnes Hansen Miller Stakoe
Byrum Hildenbrand Moolenaar Stewart
Casperson Hood Moore Taub
Caswell Hoogendyk Mortimer Tobocman
Caul Hopgood Murphy Vagnozzi
Cheeks Huizenga Newell Van Regenmorter
Clack Hummel Nitz Vander Veen
Clemente Hune Nofs Walker
Condino Hunter Palmer Ward
Cushingberry Jones, Hayes Palsrok Waters
DeRoche Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Elsenheimer LaJoy Proos
Nays--0
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6077, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4s (MCL 205.94s), as added by 1999 PA 117.
The Senate has amended the bill as follows:
1. Amend page 1, line 9, after "FACILITY" by striking out "BUILT AFTER DECEMBER 31, 1995".
2. Amend page 2, line 24, after "facility" by striking out "built after December 31, 1995".
3. Amend page 3, line 1, after "FACILITY" by inserting "AND OFFERS HEALTH SERVICES PROVIDED BY THE COUNTY LONG-TERM MEDICAL CARE FACILITY".
4. Amend page 3, line 1, after "FACILITY" by striking out the comma and inserting a period and "AN EXEMPTION UNDER THIS SECTION SHALL BE GRANTED UNTIL JANUARY 1, 2008".
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1374 Yeas--103
Accavitti Emmons Law, David Robertson
Acciavatti Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bieda Gleason McDowell Smith, Alma
Booher Gonzales Meadows Smith, Virgil
Brandenburg Gosselin Meisner Spade
Brown Green Meyer Stahl
Byrnes Hansen Miller Stakoe
Byrum Hildenbrand Moolenaar Stewart
Casperson Hood Moore Taub
Caswell Hoogendyk Mortimer Tobocman
Caul Hopgood Murphy Vagnozzi
Cheeks Huizenga Newell Van Regenmorter
Clack Hummel Nitz Vander Veen
Clemente Hune Nofs Walker
Condino Hunter Palmer Ward
Cushingberry Jones, Hayes Palsrok Waters
DeRoche Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Elsenheimer LaJoy Proos
Nays--0
In The Chair: Kooiman
Reps. Waters, McConico, Stewart, Zelenko, Kolb, Lipsey, Meyer, Vander Veen, Virgil Smith, Hunter, Farrah, Pastor, Wojno, Vagnozzi, DeRoche, Taub, Accavitti, Stakoe, Gleason, Nofs, Ward, Sak, Stahl, Huizenga, Moolenaar, Angerer, Ball, Byrnes, Cheeks, Clemente, Cushingberry, Donigan, Espinoza, Gonzales, Green, Hansen, Hildenbrand, RickJones, Kahn, David Law, Leland, Lemmons, Jr., Mayes, McDowell, Mortimer, Pearce, Polidori, Rocca, Schuitmaker, Sheltrown, Spade, Murphy and Meadows were named co-sponsors of the bill.
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Sak moved that Rep. Dillon be excused temporarily from today's session.
The motion prevailed.
House Bill No. 5637, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 722 (MCL 257.722), as amended by 2006 PA 83.
The Senate has substituted (S-4) the bill.
The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-4) made to the bill by the Senate,
Rep. Kooiman moved to amend the Senate substitute (S-4) as follows:
1. Amend page 4, line 9, after "COMMISSION" by inserting a comma and "OR ARE SUBCONTRACTED BY PUBLIC UTILITIES UNDER THE JURISDICTION OF THE MICHIGAN PUBLIC SERVICE COMMISSION TO PERFORM ELECTRICAL EMERGENCY PUBLIC UTILITY WORK,".
2. Amend page 4, line 13, after "(i)" by inserting "IF REQUIRED BY THE COUNTY ROAD COMMISSION,".
3. Amend page 4, line 15, after "AND" by striking out the balance of the line through "WORK." on line 16 and inserting "PROVIDE A STATEMENT THAT THE VEHICLES THAT WERE USED TO PERFORM THE EMERGENCY UTILITY WORK MAY HAVE EXCEEDED THE SEASONAL LOAD LIMITS.".
4. Amend page 4, line 21, by striking out all of subparagraph (iii).
5. Amend page 4, line 27, after "(i)" by inserting "IF THE COUNTY ROAD COMMISSION REQUIRES,".
6. Amend page 4, line 27, after "UTILITY" by striking out "APPLIES" and inserting "SHALL APPLY".
7. Amend page 5, line 4, after "EACH" by inserting "VEHICLE OR".
8. Amend page 5, line 6, after "FEE" by inserting "FOR A PERMIT".
9. Amend page 5, line 7, after "INCURRED" by inserting "FOR THE PERMIT".
10. Amend page 6, line 9, after "SUBPARAGRAPH" by striking out the balance of the line through "TO," on line 10 and inserting "MAY INCLUDE".
11. Amend page 6, line 13, by striking out all of sub-subparagraph (C).
12. Amend page 6, line 14, by striking out "(D)" and inserting "(C)".
13. Amend page 6, line 15, by striking out all of sub-subparagraph (E) and inserting:
"(D) THE RESTRICTED ROAD OR ROADS INTENDED TO BE TRAVELED UPON TO THE NONEMERGENCY WORK SITE OR SITES.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-4) made to the bill by the Senate,
The substitute (S-4), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1375 Yeas--70
Acciavatti Farrah Leland Proos
Amos Gaffney Lemmons, Jr. Robertson
Baxter Garfield Marleau Rocca
Bieda Gillard Mayes Sak
Booher Gleason McConico Schuitmaker
Brandenburg Gosselin Meadows Shaffer
Byrum Hansen Meyer Sheen
Casperson Hoogendyk Moolenaar Sheltrown
Caul Huizenga Moore Stahl
Cheeks Hummel Mortimer Stakoe
Clemente Hune Newell Stewart
Condino Hunter Nitz Van Regenmorter
DeRoche Jones, Rick Nofs Vander Veen
Drolet Kahn Palmer Walker
Elsenheimer Kolb Palsrok Ward
Emmons Kooiman Pastor Waters
Espinoza LaJoy Pavlov Wojno
Farhat Law, David
Nays--32
Accavitti Cushingberry Lipsey Smith, Virgil
Anderson Donigan McDowell Spade
Angerer Gonzales Meisner Taub
Ball Green Miller Tobocman
Brown Hildenbrand Murphy Vagnozzi
Byrnes Hood Pearce Wenke
Caswell Hopgood Polidori Williams
Clack Jones, Hayes Smith, Alma Zelenko
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Ward moved that a respectful message be sent to the Senate requesting the return of House Bill No. 5704.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 631, entitled
A bill to amend 1979 PA 152, entitled "State license fee act," by amending sections 3 and 39 (MCL 338.2203 and 338.2239), section 3 as amended by 1993 PA 139 and section 39 as amended by 2003 PA 87.
The bill was read a second time.
Rep. Pastor moved to amend the bill as follows:
1. Amend page 1, line 3, after "in" by striking out "sections 37, 38, and 39" and inserting "THIS ACT".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Ward 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
Senate Bill No. 631, entitled
A bill to amend 1979 PA 152, entitled "State license fee act," by amending sections 3 and 39 (MCL 338.2203 and 338.2239), section 3 as amended by 1993 PA 139 and section 39 as amended by 2003 PA 87.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1376 Yeas--86
Accavitti Farrah Lipsey Schuitmaker
Amos Gaffney Marleau Shaffer
Anderson Gillard Mayes Sheltrown
Angerer Gleason McConico Smith, Alma
Ball Gonzales McDowell Smith, Virgil
Bieda Green Meadows Spade
Booher Hansen Meisner Stahl
Brown Hildenbrand Meyer Stakoe
Byrnes Hood Miller Stewart
Byrum Hopgood Moore Taub
Casperson Huizenga Mortimer Tobocman
Caul Hune Murphy Vagnozzi
Cheeks Hunter Newell Van Regenmorter
Clack Jones, Hayes Nitz Vander Veen
Clemente Jones, Rick Nofs Walker
Condino Kahn Palsrok Ward
Cushingberry Kolb Pastor Waters
Dillon Kooiman Pavlov Wenke
Donigan LaJoy Polidori Williams
Emmons Law, David Proos Wojno
Espinoza Leland Sak Zelenko
Farhat Lemmons, Jr.
Nays--17
Acciavatti Drolet Hoogendyk Pearce
Baxter Elsenheimer Hummel Robertson
Brandenburg Garfield Moolenaar Rocca
Caswell Gosselin Palmer Sheen
DeRoche
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 provide for the establishment and collection of fees for the regulation of certain occupations and professions, and for certain agencies and businesses; to create certain funds; and to prescribe certain powers and duties of certain state agencies and departments,"
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.
Second Reading of Bills
Senate Bill No. 632, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 601, 602, 605, 2402, 2404, 2405, and 2411 (MCL 339.601, 339.602, 339.605, 339.2402, 339.2404, 339.2405, and 339.2411), sections 601 and 602 as amended by 2005 PA 278, section 2404 as amended by 1988 PA 463, and section 2411 as amended by 2001 PA 113, and by adding sections 2404b and 2411a.
The bill was read a second time.
Rep. Pastor moved to amend the bill as follows:
1. Amend page 12, following line 15, by inserting:
"(9) A LICENSEE AS A RESIDENTIAL BUILDER OR RESIDENTIAL ALTERATION AND MAINTENANCE CONTRACTOR MAY APPLY FOR INACTIVE STATUS BY COMPLETING AN APPLICATION, MADE AVAILABLE BY THE DEPARTMENT, IN WHICH HE OR SHE DECLARES THAT HE OR SHE IS NO LONGER ACTIVELY ENGAGED IN THE PRACTICE AUTHORIZED BY HIS OR HER LICENSE AND TEMPORARILY INTENDS TO SUSPEND ACTIVITY AUTHORIZED BY HIS OR HER LICENSE. UPON SUBMISSION OF A COMPLETED APPLICATION, THE DEPARTMENT SHALL DESIGNATE THE LICENSEE AS INACTIVE AND NOTE THAT STATUS ON RECORDS AVAILABLE TO THE PUBLIC. A LICENSEE DESIGNATED AS INACTIVE IS EXEMPT FROM THE CONTINUING EDUCATION REQUIREMENTS IMPOSED UNDER THIS SECTION BUT MUST STILL PAY THE PER-YEAR LICENSE FEE. AN INACTIVE LICENSEE MAY ACTIVATE HIS OR HER LICENSE BY SUBMITTING AN APPLICATION TO THE DEPARTMENT REQUESTING ACTIVATION OF THE LICENSE. UPON ACTIVATION OF A LICENSE, THE LICENSEE MUST COMPLETE AT LEAST 1 CREDIT HOUR OF CONTINUING EDUCATION FOR THAT CALENDAR YEAR.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Ward 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
Senate Bill No. 632, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 601, 602, 605, 2402, 2404, 2405, and 2411 (MCL 339.601, 339.602, 339.605, 339.2402, 339.2404, 339.2405, and 339.2411), sections 601 and 602 as amended by 2005 PA 278, section 2404 as amended by 1988 PA 463, and section 2411 as amended by 2001 PA 113, and by adding sections 2404b and 2411a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1377 Yeas--84
Accavitti Emmons Law, David Proos
Amos Espinoza Leland Sak
Anderson Farhat Lemmons, Jr. Sheltrown
Angerer Farrah Lipsey Smith, Alma
Ball Gaffney Mayes Smith, Virgil
Bieda Gillard McConico Spade
Booher Gleason McDowell Stahl
Brown Gonzales Meadows Stakoe
Byrnes Hansen Meisner Stewart
Byrum Hildenbrand Meyer Taub
Casperson Hood Miller Tobocman
Caul Hopgood Moolenaar Vagnozzi
Cheeks Huizenga Moore Van Regenmorter
Clack Hummel Mortimer Vander Veen
Clemente Hune Murphy Walker
Condino Hunter Newell Ward
Cushingberry Jones, Hayes Nofs Waters
DeRoche Jones, Rick Palsrok Wenke
Dillon Kolb Pastor Williams
Donigan Kooiman Pearce Wojno
Elsenheimer LaJoy Polidori Zelenko
Nays--19
Acciavatti Garfield Marleau Rocca
Baxter Gosselin Nitz Schuitmaker
Brandenburg Green Palmer Shaffer
Caswell Hoogendyk Pavlov Sheen
Drolet Kahn Robertson
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 revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"
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.
Second Reading of Bills
Senate Bill No. 826, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 601, 602, 604, 605, 2405, 2411, and 2412 (MCL 339.601, 339.602, 339.604, 339.605, 339.2405, 339.2411, and 339.2412), sections 601 and 602 as amended by 2005 PA 278, section 604 as amended by 1989 PA 261, and sections 2411 and 2412 as amended by 2001 PA 113, and by adding sections 606 and 2404a.
The bill was read a second time.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Hildenbrand moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Sak moved that Rep. Virgil Smith be excused temporarily from today's session.
The motion prevailed.
Rep. Ward moved that Rep. Kahn be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 826, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 601, 602, 604, 605, 2405, 2411, and 2412 (MCL 339.601, 339.602, 339.604, 339.605, 339.2405, 339.2411, and 339.2412), sections 601 and 602 as amended by 2005 PA 278, section 604 as amended by 1989 PA 261, and sections 2411 and 2412 as amended by 2001 PA 113, and by adding sections 606 and 2404a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1378 Yeas--85
Accavitti Emmons Leland Polidori
Acciavatti Farhat Lemmons, Jr. Proos
Amos Farrah Lipsey Rocca
Anderson Gaffney Marleau Sak
Angerer Gillard Mayes Sheltrown
Ball Gleason McConico Smith, Alma
Bieda Gonzales McDowell Spade
Booher Hansen Meadows Stahl
Brown Hildenbrand Meisner Stakoe
Byrnes Hood Meyer Stewart
Byrum Hopgood Miller Taub
Casperson Huizenga Moolenaar Tobocman
Caul Hummel Moore Vagnozzi
Cheeks Hune Mortimer Van Regenmorter
Clack Hunter Murphy Vander Veen
Clemente Jones, Hayes Newell Ward
Condino Jones, Rick Nofs Waters
Cushingberry Kolb Palsrok Wenke
DeRoche Kooiman Pastor Williams
Dillon LaJoy Pavlov Wojno
Donigan Law, David Pearce Zelenko
Elsenheimer
Nays--16
Baxter Espinoza Hoogendyk Schuitmaker
Brandenburg Garfield Nitz Shaffer
Caswell Gosselin Palmer Sheen
Drolet Green Robertson Walker
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 revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"
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.
Second Reading of Bills
Senate Bill No. 827, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 2002 PA 142, and by adding section 2975.
The bill was read a second time.
Rep. Pastor 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. Ward 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
Senate Bill No. 827, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 2002 PA 142, and by adding section 2975.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1379 Yeas--91
Accavitti Emmons Lipsey Sak
Acciavatti Espinoza Marleau Schuitmaker
Amos Farhat Mayes Shaffer
Anderson Farrah McConico Sheltrown
Angerer Gaffney McDowell Smith, Alma
Ball Gillard Meadows Smith, Virgil
Bieda Gleason Meisner Spade
Booher Gonzales Meyer Stahl
Brandenburg Hansen Miller Stakoe
Brown Hildenbrand Moolenaar Stewart
Byrnes Hood Moore Taub
Byrum Hopgood Mortimer Tobocman
Casperson Huizenga Murphy Vagnozzi
Caul Hune Newell Van Regenmorter
Cheeks Hunter Nitz Vander Veen
Clack Jones, Hayes Nofs Walker
Clemente Jones, Rick Palsrok Ward
Condino Kolb Pastor Waters
Cushingberry Kooiman Pavlov Wenke
DeRoche LaJoy Pearce Williams
Dillon Law, David Polidori Wojno
Donigan Leland Proos Zelenko
Elsenheimer Lemmons, Jr. Rocca
Nays--11
Baxter Garfield Hoogendyk Robertson
Caswell Gosselin Hummel Sheen
Drolet Green Palmer
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 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 4701 (MCL 600.4701), as amended by 2002 PA 142, and by adding section 2975a.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1273, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding section 2408.
The bill was read a second time.
Rep. Ward 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. Pastor moved that Rep. Sheen be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1273, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding section 2408.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1380 Yeas--87
Accavitti Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Shaffer
Anderson Farrah Marleau Sheltrown
Angerer Gaffney Mayes Smith, Alma
Ball Garfield McConico Smith, Virgil
Bieda Gillard McDowell Spade
Booher Gleason Meadows Stahl
Brown Gonzales Meisner Stakoe
Byrnes Hansen Meyer Stewart
Byrum Hildenbrand Miller Taub
Casperson Hood Moolenaar Tobocman
Caul Hopgood Moore Vagnozzi
Cheeks Huizenga Mortimer Van Regenmorter
Clack Hune Murphy Vander Veen
Clemente Hunter Newell Walker
Condino Jones, Hayes Nofs Ward
Cushingberry Jones, Rick Palsrok Waters
DeRoche Kolb Pastor Wenke
Dillon Kooiman Pavlov Williams
Donigan LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Emmons Leland Rocca
Nays--14
Acciavatti Drolet Hummel Pearce
Baxter Gosselin Nitz Robertson
Brandenburg Green Palmer Schuitmaker
Caswell Hoogendyk
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 revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"
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.
Second Reading of Bills
Senate Bill No. 934, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 307b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. LaJoy moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Ward 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
Senate Bill No. 934, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 307b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1381 Yeas--94
Accavitti Emmons Leland Proos
Acciavatti Espinoza Lemmons, Jr. Robertson
Amos Farhat Lipsey Rocca
Anderson Farrah Marleau Sak
Angerer Gaffney Mayes Schuitmaker
Ball Garfield McConico Shaffer
Baxter Gillard McDowell Sheen
Bieda Gleason Meadows Sheltrown
Booher Gonzales Meisner Smith, Alma
Brown Green Meyer Spade
Byrnes Hansen Miller Stahl
Byrum Hildenbrand Moolenaar Stakoe
Casperson Hopgood Moore Stewart
Caswell Huizenga Mortimer Taub
Caul Hummel Murphy Tobocman
Cheeks Hune Newell Van Regenmorter
Clack Hunter Nitz Vander Veen
Clemente Jones, Hayes Nofs Walker
Condino Jones, Rick Palsrok Ward
Cushingberry Kahn Pastor Waters
DeRoche Kolb Pavlov Wenke
Dillon Kooiman Pearce Williams
Donigan LaJoy Polidori Zelenko
Elsenheimer Law, David
Nays--9
Brandenburg Hood Palmer Vagnozzi
Drolet Hoogendyk Smith, Virgil Wojno
Gosselin
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 provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,"
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.
Second Reading of Bills
Senate Bill No. 1500, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 14i (MCL 400.14i), as amended by 2005 PA 333.
The bill was read a second time.
Rep. Kooiman moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ward 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
Senate Bill No. 1500, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 14i (MCL 400.14i), as amended by 2005 PA 333.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1382 Yeas--99
Accavitti Emmons Leland Robertson
Acciavatti Espinoza Lemmons, Jr. Rocca
Amos Farhat Lipsey Sak
Anderson Farrah Marleau Schuitmaker
Angerer Gaffney Mayes Shaffer
Ball Gillard McConico Sheen
Baxter Gleason McDowell Sheltrown
Bieda Gonzales Meadows Smith, Alma
Booher Green Meisner Smith, Virgil
Brandenburg Hansen Meyer Spade
Brown Hildenbrand Miller Stahl
Byrnes Hood Moolenaar Stakoe
Byrum Hoogendyk Moore Stewart
Casperson Hopgood Mortimer Tobocman
Caswell Huizenga Murphy Vagnozzi
Caul Hummel Newell Van Regenmorter
Cheeks Hune Nitz Vander Veen
Clack Hunter Nofs Walker
Clemente Jones, Hayes Palmer Ward
Condino Jones, Rick Palsrok Waters
Cushingberry Kahn Pastor Wenke
DeRoche Kolb Pavlov Williams
Dillon Kooiman Pearce Wojno
Donigan LaJoy Polidori Zelenko
Elsenheimer Law, David Proos
Nays--4
Drolet Garfield Gosselin Taub
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 protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,"
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.
Second Reading of Bills
Senate Bill No. 1501, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 57, 57b, 57e, 57f, and 57g (MCL 400.57, 400.57b, 400.57e, 400.57f, and 400.57g), section 57 as added by 1995 PA 223, section 57b as amended by 1999 PA 9, and sections 57e, 57f, and 57g as amended by 2001 PA 280, and by adding sections 57p, 57q, 57r, 57s, and 57t.
The bill was read a second time.
Rep. Kolb moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ward 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
Senate Bill No. 1501, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 57, 57b, 57e, 57f, and 57g (MCL 400.57, 400.57b, 400.57e, 400.57f, and 400.57g), section 57 as added by 1995 PA 223, section 57b as amended by 1999 PA 9, and sections 57e, 57f, and 57g as amended by 2001 PA 280, and by adding sections 57p, 57q, 57r, 57s, and 57t.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1383 Yeas--103
Accavitti Emmons Law, David Robertson
Acciavatti Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bieda Gleason McDowell Smith, Alma
Booher Gonzales Meadows Smith, Virgil
Brandenburg Gosselin Meisner Spade
Brown Green Meyer Stahl
Byrnes Hansen Miller Stakoe
Byrum Hildenbrand Moolenaar Stewart
Casperson Hood Moore Taub
Caswell Hoogendyk Mortimer Tobocman
Caul Hopgood Murphy Vagnozzi
Cheeks Huizenga Newell Van Regenmorter
Clack Hummel Nitz Vander Veen
Clemente Hune Nofs Walker
Condino Hunter Palmer Ward
Cushingberry Jones, Hayes Palsrok Waters
DeRoche Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Elsenheimer LaJoy Proos
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 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," by amending section 57 (MCL 400.57), as added by 1995 PA 223, and by adding sections 57p and 57s.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 6315, entitled
A bill to amend 1915 PA 63, entitled "An act to provide for the furnishing of suitable flag holders and United States flags for the graves of veterans who served in the armed forces of the United States for the marking and designation of the graves for memorial purposes; and to provide a penalty for the removal or destruction of the flag holders and United States flags when placed," by amending sections 1 and 1a (MCL 35.831 and 35.831a), section 1 as amended by 2005 PA 26 and section 1a as added by 2005 PA 27.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1384 Yeas--103
Accavitti Emmons Law, David Robertson
Acciavatti Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bieda Gleason McDowell Smith, Alma
Booher Gonzales Meadows Smith, Virgil
Brandenburg Gosselin Meisner Spade
Brown Green Meyer Stahl
Byrnes Hansen Miller Stakoe
Byrum Hildenbrand Moolenaar Stewart
Casperson Hood Moore Taub
Caswell Hoogendyk Mortimer Tobocman
Caul Hopgood Murphy Vagnozzi
Cheeks Huizenga Newell Van Regenmorter
Clack Hummel Nitz Vander Veen
Clemente Hune Nofs Walker
Condino Hunter Palmer Ward
Cushingberry Jones, Hayes Palsrok Waters
DeRoche Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Elsenheimer LaJoy Proos
Nays--0
In The Chair: Kooiman
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5259, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 722 (MCL 257.722), as amended by 2006 PA 83.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-3) made to the bill by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1385 Yeas--85
Accavitti Emmons LaJoy Proos
Acciavatti Espinoza Law, David Robertson
Amos Farhat Leland Rocca
Angerer Farrah Lemmons, Jr. Sak
Ball Gaffney Lipsey Schuitmaker
Baxter Garfield Marleau Shaffer
Bieda Gillard Mayes Sheen
Booher Gleason McConico Sheltrown
Brandenburg Gosselin Meadows Smith, Alma
Byrum Hansen Meyer Smith, Virgil
Casperson Hood Moolenaar Stahl
Caul Hoogendyk Moore Stakoe
Cheeks Hopgood Mortimer Stewart
Clack Huizenga Murphy Taub
Clemente Hummel Newell Tobocman
Condino Hune Nitz Van Regenmorter
Cushingberry Hunter Nofs Vander Veen
DeRoche Jones, Rick Palmer Walker
Dillon Kahn Palsrok Ward
Donigan Kolb Pastor Wenke
Drolet Kooiman Pavlov Wojno
Elsenheimer
Nays--18
Anderson Green Miller Vagnozzi
Brown Hildenbrand Pearce Waters
Byrnes Jones, Hayes Polidori Williams
Caswell McDowell Spade Zelenko
Gonzales Meisner
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Caswell to the Chair.
House Bill No. 6661, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 115f, 115g, 115h, 115i, 115j, 115k, 115l, and 115m (MCL 400.115f, 400.115g, 400.115h, 400.115i, 400.115j, 400.115k, 400.115l, and 400.115m), sections 115f and 115g as amended by 2004 PA 193, sections 115h and 115k as added by 1994 PA 238, and sections 115i, 115j, 115l, and 115m as amended by 2002 PA 648, and by adding sections 115t and 115u.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1386 Yeas--103
Accavitti Emmons Law, David Robertson
Acciavatti Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bieda Gleason McDowell Smith, Alma
Booher Gonzales Meadows Smith, Virgil
Brandenburg Gosselin Meisner Spade
Brown Green Meyer Stahl
Byrnes Hansen Miller Stakoe
Byrum Hildenbrand Moolenaar Stewart
Casperson Hood Moore Taub
Caswell Hoogendyk Mortimer Tobocman
Caul Hopgood Murphy Vagnozzi
Cheeks Huizenga Newell Van Regenmorter
Clack Hummel Nitz Vander Veen
Clemente Hune Nofs Walker
Condino Hunter Palmer Ward
Cushingberry Jones, Hayes Palsrok Waters
DeRoche Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Elsenheimer LaJoy Proos
Nays--0
In The Chair: Caswell
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5761, entitled
A bill to amend 1895 PA 1, entitled "An act to provide for the incorporation of Masonic Associations; and to impose certain duties upon the department of commerce," (MCL 457.221 to 457.227) by adding section 4a.
The Senate has substituted (S-4) the bill.
The Senate has passed the bill as substituted (S-4) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-4) made to the bill by the Senate,
The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1387 Yeas--102
Accavitti Emmons Law, David Robertson
Acciavatti Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bieda Gleason McDowell Smith, Alma
Booher Gonzales Meadows Smith, Virgil
Brandenburg Gosselin Meisner Spade
Brown Green Meyer Stahl
Byrnes Hansen Miller Stakoe
Byrum Hildenbrand Moolenaar Stewart
Casperson Hood Moore Taub
Caswell Hoogendyk Mortimer Tobocman
Caul Hopgood Murphy Vagnozzi
Cheeks Huizenga Newell Van Regenmorter
Clack Hummel Nitz Vander Veen
Clemente Hune Nofs Walker
Condino Hunter Palsrok Ward
Cushingberry Jones, Hayes Pastor Waters
DeRoche Jones, Rick Pavlov Wenke
Dillon Kahn Pearce Williams
Donigan Kolb Polidori Wojno
Drolet Kooiman Proos Zelenko
Elsenheimer LaJoy
Nays--1
Palmer
In The Chair: Caswell
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
The Speaker Pro Tempore resumed the Chair.
Second Reading of Bills
Senate Bill No. 1416, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 9206, 9208, and 9227 (MCL 333.9206, 333.9208, and 333.9227), section 9206 as amended by 1996 PA 540, section 9208 as amended by 2000 PA 90, and section 9227 as amended by 2006 PA 91, and by adding section 9205b.
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. Vander Veen moved to amend the bill as follows:
1. Amend page 3, line 12, after the first "THE" by inserting "WRITTEN".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Ward 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
Senate Bill No. 1416, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 9206, 9208, and 9227 (MCL 333.9206, 333.9208, and 333.9227), section 9206 as amended by 1996 PA 540, section 9208 as amended by 2000 PA 90, and section 9227 as amended by 2006 PA 91, and by adding section 9205b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1388 Yeas--58
Accavitti Donigan Lemmons, Jr. Polidori
Amos Espinoza Lipsey Rocca
Angerer Farrah Marleau Sak
Ball Gaffney Mayes Smith, Alma
Bieda Gillard McConico Smith, Virgil
Brown Gleason McDowell Spade
Byrnes Gonzales Meadows Stewart
Byrum Hildenbrand Meisner Taub
Caswell Hopgood Mortimer Tobocman
Cheeks Hunter Murphy Vagnozzi
Clack Jones, Rick Newell Vander Veen
Clemente Kahn Nitz Waters
Condino Kolb Nofs Wenke
DeRoche Law, David Palsrok Wojno
Dillon Leland
Nays--45
Acciavatti Garfield LaJoy Schuitmaker
Anderson Gosselin Meyer Shaffer
Baxter Green Miller Sheen
Booher Hansen Moolenaar Sheltrown
Brandenburg Hood Moore Stahl
Casperson Hoogendyk Palmer Stakoe
Caul Huizenga Pastor Van Regenmorter
Cushingberry Hummel Pavlov Walker
Drolet Hune Pearce Ward
Elsenheimer Jones, Hayes Proos Williams
Emmons Kooiman Robertson Zelenko
Farhat
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 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,"
The House agreed to the full title.
______
Rep. Elsenheimer, 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 applaud the intent of this bill, particularly so with the addition of the Vander Veen amendment. I am the father of an 11 year old daughter. My wife and I may decide to have her receive the vaccine at some point in her future. The vaccine clearly shows great promise -- some have said it's miraculous. My no vote is premised upon a concern that government is rushing to 'correct a wrong' that can be handled easily through a personal family decision to vaccinate. There are times when government can and should mandate vaccination, for example, where failure to vaccinate may lead to airborne pathogenic disease. At this point, I do not see this issue raising to that level. I hope that parents across the state discuss whether or not to vaccinate their female children. My wife and I certainly will."
Rep. Zelenko, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I have 6 daughters and 6 granddaughters, I am very concerned about cervical cancer. I am not opposed to the FDA approval of the new drug. I am opposed to mandatory innoculation of young girls in an age group that was not extensively studied so soon after the FDA approval. Most of my concerns are taken from the Gardasil insert and study documents.
Using the basis that the purpose of this mandate is the prevention of High Grade disease and encompasses CIN II-III (Cervical Intraepitheial Neoplasia---new growth within the layers of the cells. Ranges in severity from 1-.) and adenocarcinoma in situ (glandular cell that it is in place and has not spread) which are "immediate and necessary precursors" for squamous (flat and or surface) cells and adenocarcinoma of the cervix with the MAXIMUM of the follow up in any of the Gardasil studies is FOUR years. However, the time course from HPV to CIN III to invasive cancer averages between 8.1 to 12.6 years. So claiming this vaccine 'prevents cervical cancer', with the longest median study subject being only 4 years, is inconclusive. Furthermore, the vast majority of women clear/suppress the virus to levels not associated with CIN II or III and for most women this occurs promptly.
The duration of HPV positivity (which is directly related to the likelihood of developing a high grade lesion or cervical cancer) is shorter, and the likelihood of clearance is higher, in younger women. Is vaccinating these children against HPV with a vaccine that is of unknown duration of efficacy only postpone their exposure to an age which they are less likely to clear the infection on their own and be subject to more severe disease? Gardasil insert states that the need for a booster is unknown.
However, it has become more and more apparent in the last decade through reports in JAMA (Journal of the American Medical Association) and the Lancet a British Medical Journal, that immunities from several vaccinations do not hold lifetime immunities and boosters are now recommended. Merck expects you to interpret their adult data to the immune response in children.
If they were really interested in vaccine efficacy in children, should it not be studied properly in children? Currently, precancerous lesions are readily identifiable and treatable in the developed world. The data reported and advertised by Merck is based on world wide morbidity and mortality related to cervical cancer, not just US or State of Michigan.
In addition, regular Pap tests and follow up can prevent most cases of cervical cancer. Pap tests detect changes in the cervix before they turn into cancer. Most cases of cervical cases diagnosed in the US have not have pap in 5or more years. I am concerned about the toxicity of the aluminum and borax in the vaccination, and the fact that
the study does indicate that boys ages 9-15 were included in some aspects of the study. Where are those stats? Why not immunize the boys, too?"
Rep. Hood, 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 reason That I voted on SB1416 is that I have concerns about the lack of studies that have been done on this vaccination and the effects that it could have. I want to make sure that in the process of saving lives, which is the most important issue, that we do not put any lives at risk. We must gather more data so that we don't do that. Once again, fighting cancer is a battle that we must all take a part of but we must be sure of how we do it."
Rep. Schuitmaker, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I believe the intent of this bill is important, particularly so with the addition of the amendment. I am the mother of an 8 year old daughter. I may decide to have her receive the vaccine at some point in her future. The vaccine clearly shows great promise, however, I am opposed to mandatory innoculation of young girls in an age group that was not extensively studied so soon after the FDA approval.Most of my concerns are taken from the Gardasil insert and study documents.
Using the basis that the purpose of this mandate is the prevention of High Grade disease and encompasses CIN II-III (Cervical Intraepitheial Neoplasia---new growth within the layers of the cells. Ranges in severity from 1-.) and adenocarcinoma in situ (glandular cell that it is in place and has not spread) which are 'immediate and necessary precursors' for squamous (flat and or surface) cells and adenocarcinoma of the cervix with the MAXIMUM of the follow up in any of the Gardasil studies is FOUR years. However, the time course from HPV to CIN III to invasive cancer averages between 8.1 to 12.6 years. So claiming this vaccine 'prevents cervical cancer', with the longest median study subject being only 4 years, is inconclusive. Furthermore, the vast majority of women clear/suppress the virus to levels not associated with CIN II or III and for most women this occurs promptly. The duration of HPV positivity (which is directly related to the likelihood of developing a high grade lesion or cervical cancer) is shorter, and the likelihood of clearance is higher, in younger women. Gardasil insert states that the need for a booster is unknown. My no vote is premised upon a concern that government is rushing to 'correct a wrong' that can be handled easily through a personal family decision to vaccinate. There are times when government can and should mandate vaccination, for example, where failure to vaccinate may lead to airborne pathogenic disease. At this point, I do not see this issue raising to that level. I hope that parents across the state discuss whether or not to vaccinate."
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:
While I recognize the potential benefit of this, or any vaccine, I cannot support the mandatory aspect of this bill. I believe this should be a matter of parental choice. Amendments were offered particularly the Drolet amendment which would have made the legislation better. Regrettably this amendment was defeated and the bill was weakened as a result. I am also uncomfortable with requiring the vaccine be given to children as young as age nine. Testimony in the Health Policy confirmed that there was no increased efficacy of the vaccine with younger recipients. For these reasons I opposed the passage of this legislation."
Rep. Ward moved to reconsider the vote by which the House passed the bill.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 1416, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 9206, 9208, and 9227 (MCL 333.9206, 333.9208, and 333.9227), section 9206 as amended by 1996 PA 540, section 9208 as amended by 2000 PA 90, and section 9227 as amended by 2006 PA 91, and by adding section 9205b.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Farhat moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
The Senate returned, in accordance with the request of the House
House Bill No. 5704, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 312 and 646a (MCL 168.312 and 168.646a), section 312 as amended by 2005 PA 71 and section 646a as amended by 2004 PA 295.
(The bill was received from the Senate on December 7, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 12, see House Journal No.92, p. 2997.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1389 Yeas--102
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, Jr. Rocca
Amos Farrah Lipsey Sak
Anderson Gaffney Marleau Schuitmaker
Angerer Garfield Mayes Shaffer
Ball Gillard McConico Sheen
Baxter Gleason McDowell Sheltrown
Bieda Gonzales Meadows Smith, Alma
Booher Gosselin Meisner Smith, Virgil
Brandenburg Green Meyer Spade
Brown Hansen Miller Stahl
Byrnes Hildenbrand Moolenaar Stakoe
Byrum Hood Moore Stewart
Casperson Hoogendyk Mortimer Taub
Caswell Hopgood Murphy Tobocman
Caul Huizenga Newell Vagnozzi
Cheeks Hummel Nitz Van Regenmorter
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones, Hayes Palsrok Ward
Cushingberry Jones, Rick Pastor Waters
Dillon Kahn Pavlov Wenke
Donigan Kolb Pearce Williams
Drolet Kooiman Polidori Wojno
Elsenheimer LaJoy Proos Zelenko
Emmons Law, David
Nays--0
In The Chair: Kooiman
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6580, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 57, 57b, 57f, and 57g (MCL 400.57, 400.57b, 400.57f, and 400.57g), section 57 as added by 1995 PA 223, section 57b as amended by 1999 PA 9, and sections 57f and 57g as amended by 2001 PA 280, and by adding sections 57p, 57q, 57r, 57s, and 57t.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," by amending sections 57b, 57f, and 57g (MCL 400.57b, 400.57f, and 400.57g), section 57b as amended by 1999 PA 9 and sections 57f and 57g as amended by 2001 PA 280, and by adding sections 57q, 57r, 57t, and 57u.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1390 Yeas--103
Accavitti Emmons Law, David Robertson
Acciavatti Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bieda Gleason McDowell Smith, Alma
Booher Gonzales Meadows Smith, Virgil
Brandenburg Gosselin Meisner Spade
Brown Green Meyer Stahl
Byrnes Hansen Miller Stakoe
Byrum Hildenbrand Moolenaar Stewart
Casperson Hood Moore Taub
Caswell Hoogendyk Mortimer Tobocman
Caul Hopgood Murphy Vagnozzi
Cheeks Huizenga Newell Van Regenmorter
Clack Hummel Nitz Vander Veen
Clemente Hune Nofs Walker
Condino Hunter Palmer Ward
Cushingberry Jones, Hayes Palsrok Waters
DeRoche Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Elsenheimer LaJoy Proos
Nays--0
In The Chair: Caswell
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6587, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57e (MCL 400.57e), as amended by 2001 PA 280.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1391 Yeas--103
Accavitti Emmons Law, David Robertson
Acciavatti Espinoza Leland Rocca
Amos Farhat Lemmons, Jr. Sak
Anderson Farrah Lipsey Schuitmaker
Angerer Gaffney Marleau Shaffer
Ball Garfield Mayes Sheen
Baxter Gillard McConico Sheltrown
Bieda Gleason McDowell Smith, Alma
Booher Gonzales Meadows Smith, Virgil
Brandenburg Gosselin Meisner Spade
Brown Green Meyer Stahl
Byrnes Hansen Miller Stakoe
Byrum Hildenbrand Moolenaar Stewart
Casperson Hood Moore Taub
Caswell Hoogendyk Mortimer Tobocman
Caul Hopgood Murphy Vagnozzi
Cheeks Huizenga Newell Van Regenmorter
Clack Hummel Nitz Vander Veen
Clemente Hune Nofs Walker
Condino Hunter Palmer Ward
Cushingberry Jones, Hayes Palsrok Waters
DeRoche Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Elsenheimer LaJoy Proos
Nays--0
In The Chair: Caswell
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Ward moved to vacate the enrollment of House Bill No. 6580.
The motion prevailed.
Messages from the Senate
House Bill No. 6580, entitled
A bill to amend 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," by amending sections 57b, 57f, and 57g (MCL 400.57b, 400.57f, and 400.57g), section 57b as amended by 1999 PA 9 and sections 57f and 57g as amended by 2001 PA 280, and by adding sections 57q, 57r, 57t, and 57u.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
Senate Bill No. 1208, entitled
A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 12 (MCL 432.12), as amended by 2002 PA 471.
The bill was read a second time.
Rep. Ward 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
Senate Bill No. 1208, entitled
A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 12 (MCL 432.12), as amended by 2002 PA 471.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1392 Yeas--102
Accavitti Emmons Law, David Proos
Acciavatti Espinoza Leland Robertson
Amos Farhat Lemmons, Jr. Rocca
Anderson Farrah Lipsey Sak
Angerer Gaffney Marleau Schuitmaker
Ball Garfield Mayes Shaffer
Baxter Gillard McConico Sheen
Bieda Gleason McDowell Sheltrown
Booher Gonzales Meadows Smith, Alma
Brandenburg Gosselin Meisner Smith, Virgil
Brown Green Meyer Spade
Byrnes Hansen Miller Stahl
Byrum Hildenbrand Moolenaar Stakoe
Casperson Hood Moore Stewart
Caswell Hoogendyk Mortimer Taub
Caul Hopgood Murphy Tobocman
Cheeks Huizenga Newell Vagnozzi
Clack Hummel Nitz Van Regenmorter
Clemente Hune Nofs Walker
Condino Hunter Palmer Ward
Cushingberry Jones, Hayes Palsrok Waters
DeRoche Jones, Rick Pastor Wenke
Dillon Kahn Pavlov Williams
Donigan Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Elsenheimer LaJoy
Nays--1
Vander Veen
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 establish and operate a state lottery and to allow state participation in certain lottery-related joint enterprises with other sovereignties; to create a bureau of state lottery and to prescribe its powers and duties; to prescribe certain powers and duties of other state departments and agencies; to license and regulate certain sales agents; to create the state lottery fund; to provide for the distribution of lottery revenues and earnings for certain purposes; to provide for an appropriation; and to provide for remedies and penalties,"
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Ward moved that when the House adjourns today it stand adjourned until Friday, December 15, at 12:01 a.m.
The motion prevailed.
______
Rep. Farhat moved that the House adjourn.
The motion prevailed, the time being 11:59 p.m.
The Speaker Pro Tempore declared the House adjourned until Friday, December 15, at 12:01 a.m.
GARY L. RANDALL
Clerk of the House of Representatives