No. 22

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature


REGULAR SESSION OF 2007


House Chamber, Lansing, Wednesday, March 7, 2007.

1:30 p.m.

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

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

Accavitti--present Dillon--present Lahti--present Pearce--present

Acciavatti--excused Donigan--present LaJoy--present Polidori--present

Agema--present Ebli--present Law, David--present Proos--present

Amos--present Elsenheimer--excused Law, Kathleen--present Robertson--present

Angerer--present Emmons--present LeBlanc--present Rocca--present

Ball--present Espinoza--present Leland--present Sak--present

Bauer--present Farrah--present Lemmons--present Schuitmaker--present

Bennett--present Gaffney--present Lindberg--present Scott--present

Bieda--present Garfield--present Marleau--present Shaffer--present

Booher--present Gillard--present Mayes--present Sheen--present

Brandenburg--present Gonzales--present McDowell--present Sheltrown--present

Brown--present Green--present Meadows--present Simpson--present

Byrnes--present Griffin--present Meekhof--present Smith, Alma--present

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

Calley--present Hammon--present Melton--present Spade--present

Casperson--present Hansen--present Meltzer--present Stahl--present

Caswell--present Hildenbrand--present Miller--present Stakoe--present

Caul--present Hood--present Moolenaar--present Steil--present

Cheeks--excused Hoogendyk--present Moore--present Tobocman--present

Clack--present Hopgood--present Moss--present Vagnozzi--present

Clemente--present Horn--present Nitz--present Valentine--present

Condino--present Huizenga--present Nofs--present Walker--present

Constan--present Hune--present Opsommer--present Ward--excused

Corriveau--present Jackson--present Palmer--present Warren--present

Coulouris--present Johnson--present Palsrok--present Wenke--present

Cushingberry--present Jones, Rick--present Pastor--present Wojno--present

Dean--present Jones, Robert--present Pavlov--present Young--present

DeRoche--present Knollenberg--present

e/d/s = entered during session

Rep. Andy Coulouris, from the 95th District, offered the following invocation:

"O Lord,

Open our eyes that we may see the needs of others;

Open our ears that we may hear their cries;

Open our hearts so that they need not be without relief;

Let us not be afraid to defend the weak because of the anger of the strong, nor afraid to defend the poor because of the anger of the rich.

Show us where love and hope and faith are needed, and use us to bring them to those places.

And so open our eyes and our ears that we may this day be able to do some work of peace for Thee. Amen."

______

Rep. Booher moved that Reps. Acciavatti, Elsenheimer and Ward be excused from today's session.

The motion prevailed.

Rep. Tobocman moved that Reps. Cheeks and Hammel be excused from today's session.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, March 7:

House Bill Nos. 4397 4398 4399 4400 4401 4402 4403 4404 4405 4406 4407 4408 4409 4410 4411 4412 4413 4414 4415 4416 4417

The Clerk announced that the following Senate bills had been received on Wednesday, March 7:

Senate Bill Nos. 47 83

Reports of Standing Committees

The Committee on Energy and Technology, by Rep. Accavitti, Chair, reported

House Resolution No. 33.

A resolution to urge the President and Congress of the United States to appropriate additional funding for the Low Income Home Energy Assistance Program (LIHEAP).

(For text of resolution, see House Journal No. 21, p. 233.)

With the recommendation that the resolution be adopted.

The resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Accavitti, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Melton, Miller, Nofs, Palsrok, Moolenaar, Horn and Opsommer

Nays: None

The Committee on Energy and Technology, by Rep. Accavitti, Chair, reported

House Concurrent Resolution No. 5.

A concurrent resolution to urge the President and Congress of the United States to appropriate additional funding for the Low Income Home Energy Assistance Program (LIHEAP).

(For text of concurrent resolution, see House Journal No. 21, p. 235.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Accavitti, Angerer, Brown, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Melton, Miller, Nofs, Palsrok, Moolenaar, Horn and Opsommer

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Accavitti, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, March 7, 2007

Present: Reps. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Melton, Miller, Nofs, Palsrok, Garfield, Huizenga, Moolenaar, Horn and Opsommer

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

House Bill No. 4167, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 234a and 234b (MCL 750.234a and 750.234b), as amended by 2005 PA 303.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 4168, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2005 PA 106.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 4228, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 11b to chapter VI.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 4301, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3135 (MCL 500.3135), as amended by 2002 PA 697.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 6, line 22, after "AMOUNTS." by striking out the balance of the subsection.

2. Amend page 7, line 2, after "DECISION." by striking out the balance of the line through "(7)" on line 3 and inserting:

"(11) THE CHANGES MADE".

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith and Warren

Nays: Reps. Schuitmaker, Stakoe, Rick Jones and Rocca

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 7, 2007

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

Absent: Rep. David Law

Excused: Rep. David Law

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

House Bill No. 4189, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27a (MCL 211.27a), as amended by 2006 PA 446.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bieda, Condino, Farrah, Robert Jones, Meisner, Melton, Sheltrown, Warren, Meltzer, Sheen, Steil, Pastor, Palmer and Calley

Nays: Rep. Wenke

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 7, 2007

Present: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley

Absent: Rep. Young

Excused: Rep. Young

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 7, 2007

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

Absent: Rep. Palmer

Excused: Rep. Palmer

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Byrum, Chair, of the Committee on Intergovernmental, Urban and Regional Affairs, was received and read:

Meeting held on: Wednesday, March 7, 2007

Present: Reps. Byrum, Young, Coulouris, Farrah, Griffin, Meadows, Pavlov, Nitz, Meekhof and Opsommer

Absent: Rep. Johnson

Excused: Rep. Johnson

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:

Meeting held on: Wednesday, March 7, 2007

Present: Reps. Warren, Donigan, Ebli, Kathleen Law, Leland, Meadows, Miller, Valentine, Robertson, Palmer, Emmons, Moolenaar, Walker and Meekhof

Absent: Rep. Griffin

Excused: Rep. Griffin

Messages from the Senate

Senate Bill No. 47, entitled

A bill to provide for the establishment of a water improvement tax increment finance authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in water resources; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote water resource improvement; to create a board; to prescribe the powers and duties of the board; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Senate Bill No. 83, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 43540e.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Polidori, Hopgood, Constan, Lemmons, Gonzales, Spade, Espinoza, Brown, Ball, Vagnozzi, Alma Smith, Clemente, Meadows, Robert Jones, Young, Condino, Ebli, Miller, Clack, Jackson, Hood, Virgil Smith and Sheltrown introduced

House Bill No. 4418, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21737.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.

Reps. Kathleen Law and Jackson introduced

House Bill No. 4419, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 2862 and 2882a.

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

Reps. Constan, Meadows, Johnson, Robert Jones, Clemente, Bieda, Hammel, Clack, Gillard, Byrnes, Brown, Young, Lemmons, Moss, Ebli, Angerer, Leland, Alma Smith, Polidori, Lindberg, Bennett, Valentine, Lahti, Dean, Bauer, Cushingberry, Spade, Donigan, Hammon, Wojno, Sheltrown, Hopgood, Vagnozzi, Hood and Virgil Smith introduced

House Bill No. 4420, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8121 (MCL 600.8121), as amended by 2001 PA 258.

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

Reps. Bieda, Hansen, Warren, Condino, Virgil Smith and Mayes introduced

House Bill No. 4421, entitled

A bill to amend 1988 PA 265, entitled "District library financing act," by amending section 8 (MCL 397.288), as amended by 1989 PA 25.

The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 21.

A resolution memorializing the Congress of the United States to enact the Employee Free Choice Act.

(For text of resolution, see House Journal No. 15, p. 150.)

(The resolution was reported by the Committee on Labor on March 6, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the resolution,

The resolution was adopted.

______

Rep. Tobocman moved that Reps. Hood and Gillard be excused temporarily from today's session.

The motion prevailed.

Third Reading of Bills

House Bill No. 4143, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80122, 80144, 80145, 80146, 80149, 80151, 80152, 80155, 80180, 80198b, 80205, and 80209 (MCL 324.80122, 324.80144, 324.80145, 324.80146, 324.80149, 324.80151, 324.80152, 324.80155, 324.80180, 324.80198b, 324.80205, and 324.80209), sections 80122, 80144, 80145, 80146, 80149, 80151, 80155, and 80198b as added by 1995 PA 58, section 80152 as amended by 1999 PA 19, section 80180 as amended by 1996 PA 174, section 80205 as amended by 2004 PA 27, and section 80209 as added by 2000 PA 229.

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

Roll Call No. 21 Yeas--103

Accavitti Dillon Law, David Polidori

Agema Donigan Law, Kathleen Proos

Amos Ebli LeBlanc Robertson

Angerer Emmons Leland Rocca

Ball Espinoza Lemmons Sak

Bauer Farrah Lindberg Schuitmaker

Bennett Gaffney Marleau Scott

Bieda Garfield Mayes Shaffer

Booher Gonzales McDowell Sheen

Brandenburg Green Meadows Sheltrown

Brown Griffin Meekhof Simpson

Byrnes Hammon Meisner Smith, Alma

Byrum Hansen Melton Smith, Virgil

Calley Hildenbrand Meltzer Spade

Casperson Hoogendyk Miller Stahl

Caswell Hopgood Moolenaar Stakoe

Caul Horn Moore Steil

Clack Huizenga Moss Tobocman

Clemente Hune Nitz Vagnozzi

Condino Jackson Nofs Valentine

Constan Johnson Opsommer Walker

Corriveau Jones, Rick Palmer Warren

Coulouris Jones, Robert Palsrok Wenke

Cushingberry Knollenberg Pastor Wojno

Dean Lahti Pavlov Young

DeRoche LaJoy Pearce

Nays--0

In The Chair: Sak

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80114, 80122, 80124, 80144, 80145, 80146, 80149, 80151, 80152, 80155, 80169, 80180, 80198b, 80205, and 80209 (MCL 324.80114, 324.80122, 324.80124, 324.80144, 324.80145, 324.80146, 324.80149, 324.80151, 324.80152, 324.80155, 324.80169, 324.80180, 324.80198b, 324.80205, and 324.80209), sections 80114, 80122, 80124, 80144, 80145, 80146, 80149, 80151, 80155, 80169, and 80198b as added by 1995 PA 58, section 80152 as amended by 1999 PA 19, section 80180 as amended by 1996 PA 174, section 80205 as amended by 2004 PA 27, and section 80209 as added by 2000 PA 229.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. LeBlanc, Lindberg, Brown, Gaffney, Tobocman, Hopgood, Kathleen Law, Brandenburg, Clack, Vagnozzi, Accavitti, Garfield, Caswell, Shaffer, Hoogendyk, Wenke, Agema, Sak, Huizenga, Moolenaar, Casperson, Dillon, Angerer, Ball, Griffin, Bennett, Espinoza, Gonzales, Hansen, Rick Jones, Lemmons, Marleau, Mayes, Pearce, Polidori, Sheltrown, Alma Smith, Spade, Ebli, Meadows, Byrum, Calley, Constan, Corriveau, Coulouris, Hammon, Horn, Johnson, Robert Jones, Meekhof, Melton, Meltzer, Moss, Opsommer, Scott, Valentine, Warren, Dean, Lahti and Simpson were named co-sponsors of the bill.

House Bill No. 4067, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 6 (MCL 205.56), as amended by 2004 PA 173.

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

Roll Call No. 22 Yeas--103

Accavitti Dillon Law, David Polidori

Agema Donigan Law, Kathleen Proos

Amos Ebli LeBlanc Robertson

Angerer Emmons Leland Rocca

Ball Espinoza Lemmons Sak

Bauer Farrah Lindberg Schuitmaker

Bennett Gaffney Marleau Scott

Bieda Garfield Mayes Shaffer

Booher Gonzales McDowell Sheen

Brandenburg Green Meadows Sheltrown

Brown Griffin Meekhof Simpson

Byrnes Hammon Meisner Smith, Alma

Byrum Hansen Melton Smith, Virgil

Calley Hildenbrand Meltzer Spade

Casperson Hoogendyk Miller Stahl

Caswell Hopgood Moolenaar Stakoe

Caul Horn Moore Steil

Clack Huizenga Moss Tobocman

Clemente Hune Nitz Vagnozzi

Condino Jackson Nofs Valentine

Constan Johnson Opsommer Walker

Corriveau Jones, Rick Palmer Warren

Coulouris Jones, Robert Palsrok Wenke

Cushingberry Knollenberg Pastor Wojno

Dean Lahti Pavlov Young

DeRoche LaJoy Pearce

Nays--0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Senate Bill No. 14, entitled

A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending section 2e (MCL 21.142e), as amended by 2004 PA 342.

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

Roll Call No. 23 Yeas--103

Accavitti Dillon Law, David Polidori

Agema Donigan Law, Kathleen Proos

Amos Ebli LeBlanc Robertson

Angerer Emmons Leland Rocca

Ball Espinoza Lemmons Sak

Bauer Farrah Lindberg Schuitmaker

Bennett Gaffney Marleau Scott

Bieda Garfield Mayes Shaffer

Booher Gonzales McDowell Sheen

Brandenburg Green Meadows Sheltrown

Brown Griffin Meekhof Simpson

Byrnes Hammon Meisner Smith, Alma

Byrum Hansen Melton Smith, Virgil

Calley Hildenbrand Meltzer Spade

Casperson Hoogendyk Miller Stahl

Caswell Hopgood Moolenaar Stakoe

Caul Horn Moore Steil

Clack Huizenga Moss Tobocman

Clemente Hune Nitz Vagnozzi

Condino Jackson Nofs Valentine

Constan Johnson Opsommer Walker

Corriveau Jones, Rick Palmer Warren

Coulouris Jones, Robert Palsrok Wenke

Cushingberry Knollenberg Pastor Wojno

Dean Lahti Pavlov Young

DeRoche LaJoy Pearce

Nays--0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Senate Bill No. 166, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies and capital outlay for the fiscal year ending September 30, 2006; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

(The bill was passed on February 27, see House Journal No. 18, p. 196; immediate effect motion withdrawn, Rule 63 suspended, bill reconsidered and bill postponed for the day on March 6, see House Journal No. 21, p. 232.)

The question being on the passage of the bill,

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

The motion was seconded.

The question being on the adoption of the substitute (H-4) offered by Rep. Cushingberry,

Rep. Hildenbrand demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-4) offered by Rep. Cushingberry,

The substitute (H-4) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 24 Yeas--93

Accavitti Dillon Law, David Pearce

Agema Donigan Law, Kathleen Polidori

Angerer Ebli LeBlanc Proos

Ball Emmons Leland Robertson

Bauer Espinoza Lemmons Rocca

Bennett Farrah Lindberg Sak

Bieda Gaffney Marleau Schuitmaker

Booher Gonzales Mayes Scott

Brown Green McDowell Shaffer

Byrnes Griffin Meadows Sheltrown

Byrum Hammon Meekhof Simpson

Calley Hansen Meisner Smith, Alma

Casperson Hildenbrand Melton Smith, Virgil

Caswell Hopgood Meltzer Spade

Caul Horn Miller Steil

Clack Huizenga Moolenaar Tobocman

Clemente Hune Moore Vagnozzi

Condino Jackson Moss Valentine

Constan Johnson Nitz Walker

Corriveau Jones, Rick Nofs Warren

Coulouris Jones, Robert Opsommer Wenke

Cushingberry Lahti Palsrok Wojno

Dean LaJoy Pavlov Young

DeRoche

Nays--10

Amos Hoogendyk Pastor Stahl

Brandenburg Knollenberg Sheen Stakoe

Garfield Palmer

In The Chair: Sak

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. 25 Yeas--64

Accavitti Cushingberry Jones, Robert Opsommer

Amos Dean Lahti Polidori

Angerer Dillon Law, David Rocca

Ball Donigan Law, Kathleen Sak

Bauer Ebli LeBlanc Scott

Bennett Emmons Leland Sheltrown

Bieda Espinoza Lemmons Simpson

Brown Farrah Lindberg Smith, Alma

Byrnes Gillard Mayes Smith, Virgil

Byrum Gonzales McDowell Spade

Clack Griffin Meadows Tobocman

Clemente Hammon Meisner Vagnozzi

Condino Hood Melton Valentine

Constan Hopgood Miller Warren

Corriveau Jackson Moolenaar Wojno

Coulouris Johnson Nofs Young

Nays--41

Agema Hansen Meekhof Proos

Booher Hildenbrand Meltzer Robertson

Brandenburg Hoogendyk Moore Schuitmaker

Calley Horn Moss Shaffer

Casperson Huizenga Nitz Sheen

Caswell Hune Palmer Stahl

Caul Jones, Rick Palsrok Stakoe

DeRoche Knollenberg Pastor Steil

Gaffney LaJoy Pavlov Walker

Garfield Marleau Pearce Wenke

Green

In The Chair: Sak

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

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

A bill to make, supplement, and adjust appropriations for various state departments and agencies and capital outlay for the fiscal years ending September 30, 2006 and September 30, 2007; 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. Hildenbrand moved that the bill be given immediate effect.

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

Rep. Hildenbrand demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 26 Yeas--61

Accavitti Dean Lahti Polidori

Angerer Dillon Law, David Rocca

Ball Donigan Law, Kathleen Sak

Bauer Ebli LeBlanc Scott

Bennett Espinoza Leland Sheltrown

Bieda Farrah Lemmons Simpson

Brown Gillard Lindberg Smith, Alma

Byrnes Gonzales Mayes Smith, Virgil

Byrum Griffin McDowell Spade

Clack Hammon Meadows Tobocman

Clemente Hood Meisner Vagnozzi

Condino Hopgood Melton Valentine

Constan Jackson Miller Warren

Corriveau Johnson Moolenaar Wojno

Coulouris Jones, Robert Nofs Young

Cushingberry

Nays--44

Agema Garfield Marleau Pearce

Amos Green Meekhof Proos

Booher Hansen Meltzer Robertson

Brandenburg Hildenbrand Moore Schuitmaker

Calley Hoogendyk Moss Shaffer

Casperson Horn Nitz Sheen

Caswell Huizenga Opsommer Stahl

Caul Hune Palmer Stakoe

DeRoche Jones, Rick Palsrok Steil

Emmons Knollenberg Pastor Walker

Gaffney LaJoy Pavlov Wenke

In The Chair: Sak

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Hildenbrand moved to reconsider the vote by which the House adopted House Resolution No. 21.

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

Rep. Hildenbrand demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, a majority of members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 27 Yeas--49

Agema Green Meekhof Pearce

Amos Hansen Meltzer Proos

Ball Hildenbrand Moolenaar Robertson

Booher Hoogendyk Moore Rocca

Brandenburg Horn Moss Schuitmaker

Calley Huizenga Nitz Shaffer

Casperson Hune Nofs Sheen

Caswell Jones, Rick Opsommer Stahl

Caul Knollenberg Palmer Stakoe

DeRoche LaJoy Palsrok Steil

Emmons Law, David Pastor Walker

Gaffney Marleau Pavlov Wenke

Garfield

Nays--54

Accavitti Cushingberry Lahti Sak

Angerer Dean Law, Kathleen Scott

Bauer Donigan LeBlanc Sheltrown

Bennett Ebli Leland Simpson

Bieda Espinoza Lemmons Smith, Alma

Brown Farrah Lindberg Smith, Virgil

Byrnes Gonzales Mayes Spade

Byrum Griffin McDowell Tobocman

Clack Hammon Meadows Vagnozzi

Clemente Hood Meisner Valentine

Condino Hopgood Melton Warren

Constan Jackson Miller Wojno

Corriveau Johnson Polidori Young

Coulouris Jones, Robert

In The Chair: Sak

Second Reading of Bills

House Bill No. 4189, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27a (MCL 211.27a), as amended by 2006 PA 446.

The bill was read a second time.

Rep. Bieda moved to amend the bill as follows:

1. Amend page 6, line 20, after "CREATED" by inserting "AND RECORDED IN THE REGISTER OF DEEDS OFFICE".

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

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

The motion prevailed.

House Bill No. 4177, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 2118 and 2120 (MCL 500.2118 and 500.2120), section 2118 as amended by 2002 PA 492 and section 2120 as amended by 1984 PA 350, and by adding section 2116a.

The bill was read a second time.

Rep. Spade moved to amend the bill as follows:

1. Amend page 1, line 4, after "PERSON" by striking out the balance of the line through "INSURANCE" on line 5 and inserting "FAILED TO MAINTAIN INSURANCE REQUIRED BY SECTION 3101 FOR A VEHICLE OWNED BY THE PERSON".

2. Amend page 1, line 8, after "STATES" by inserting "AND THAT THE VEHICLE WAS NOT DRIVEN OR MOVED DURING THE 6-MONTH PERIOD IMMEDIATELY PRECEDING APPLICATION OR DURING THE PERIOD OF TIME THE INSURANCE WAS NOT MAINTAINED, WHICHEVER PERIOD IS SHORTER".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Hopgood, Accavitti, Bieda, Brown, Byrnes, Byrum, Casperson, Clack, Condino, Constan, Cushingberry, Dean, Farrah, Gonzales, Hammon, Johnson, Robert Jones, Kathleen Law, LeBlanc, Leland, Lemmons, Marleau, Miller, Polidori, Sak, Sheltrown, Alma Smith, Spade, Tobocman, Vagnozzi, Melton, Warren and Wojno offered the following resolution:

House Resolution No. 36.

A resolution recognizing April 28, 2007, as Workers Memorial Day in the state of Michigan.

Whereas, Since 1989, people throughout the world observe Workers Memorial Day on April 28th. It is a day to remember those who have suffered and died on the job; and

Whereas, It is important to remember those who have died in workplace catastrophes, suffered diseases because of exposure to toxic substances, or been injured because of dangerous conditions; and

Whereas, April 28th is the anniversary of the Occupational Safety and Health Administration. Every year on April 28th, people in hundreds of communities and worksites recognize workers who have been killed or injured on the job. Trade unionist around the world now mark April 28th as International Day of Mourning; and

Whereas, Workers Memorial Day is observed in nearly one hundred countries. It has been officially endorsed by the International Confederation of Free Trade Unions and the International Labor Organization. Five countries ­ Canada, Portugal, Spain, Taiwan, and Thailand ­ formally recognize April 28th as Workers Memorial Day; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize April 28th, 2007, as Workers Memorial Day in the state of Michigan.

Pending the reference of the resolution to a committee,

Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Kathleen Law, Accavitti, Bieda, Brown, Byrnes, Byrum, Clack, Condino, Constan, Cushingberry, Emmons, Farrah, Gonzales, Green, Hammon, Hopgood, Johnson, LeBlanc, Leland, Lemmons, Marleau, Palmer, Polidori, Sak, Sheltrown, Alma Smith, Spade, Tobocman, Vagnozzi, Bauer, Melton, Warren and Wojno offered the following resolution:

House Resolution No. 37.

A resolution to memorialize Congress to support the National Cancer Institute's plan to eliminate suffering and death from cancer by the year 2015.

Whereas, Each year more than 1.4 million Americans are diagnosed with cancer. One out of every two men and one out of every three women will be diagnosed with cancer in their lifetimes. In 1971 Congress began the battle against cancer with enactment of the National Cancer Act and creation of the National Cancer Institute within the National Institutes of Health. The foundation laid by their foresight puts the nation in position to aggressively enter the final stages of the fight against cancer. Sixty designated cancer research centers have been established across the country by the National Cancer Institute. These Centers have the capacity to share knowledge with each other and solve problems in real time through advances in computer technology as well as work collaboratively with researchers in other disciplines, such as engineering, to develop the technologies needed to fight cancer; and

Whereas, Scientific research on the human genome and proteins have led to breakthroughs in our understanding of the molecular changes that cause cancer and differences between the same cancers in different patients. This understanding makes it possible to design therapies that target the cancer and bypass healthy tissues that will eliminate the suffering caused by collateral damage to normal tissues from chemotherapy and radiation treatment. Therapies can also be modified to account for the cancer's response to a given treatment in individual patients. Doctors believe it is within their grasp to cure or manage cancer similar to other chronic diseases that a person can live with and not necessarily die from; and

Whereas, Concurrent advances in imaging technologies and knowledge networking mean scientists and doctors will be able to see and assess the impact of treatment within days and not have to wait months or years to know the outcome. Imaging technologies now show not only the physical size, shape, and location of cancer tissue but can also show the function of the tissue. Thus, doctors may apply a treatment targeting the abnormal cells that make up the cancer tissue and be able to see within 24 to 48 hours whether the treatment is altering function in the expected way. Knowledge networking through computers in real time means scientists and doctors working across the country at the 60 centers sponsored by the National Cancer Institute can share what they have learned. This will be particularly valuable with rare forms of cancer as doctors will pool their experience with patients being treated in different centers; and

Whereas, Tremendous advances in the treatment and cure of cancer have been achieved in the past 35 years and this nation has never shied away from bold goals to advance science and technology. The Director of the National Cancer Institute has shown great leadership, enthusiasm, and optimism for being able to harness what we know and catapult the scientific and clinical communities forward through the final stage of the battle against cancer; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress to support the National Cancer Institute's plan to eliminate suffering and death from cancer by the year 2015; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Health Policy.

Reps. Amos, Accavitti, Agema, Bieda, Booher, Brandenburg, Brown, Byrnes, Byrum, Casperson, Caul, Clack, Condino, Constan, Cushingberry, Emmons, Farrah, Garfield, Gonzales, Green, Hammon, Hansen, Hildenbrand, Hoogendyk, Hopgood, Horn, Huizenga, Johnson, Rick Jones, Robert Jones, Knollenberg, Kathleen Law, LeBlanc, Leland, Lemmons, Marleau, Meekhof, Miller, Moss, Opsommer, Palmer, Palsrok, Pastor, Pavlov, Pearce, Polidori, Proos, Rocca, Sak, Sheltrown, Alma Smith, Spade, Stahl, Steil, Tobocman, Vagnozzi, Bauer, LaJoy, Melton, Shaffer, Warren and Wojno offered the following resolution:

House Resolution No. 38.

A resolution proclaiming March 26, 2007, as Support Our Troops Day in the state of Michigan.

Whereas, It was through the brave and noble efforts of our Forefathers that the United States of America first gained freedom and became a sovereign nation. Since the American Revolution and throughout our country's history many wars have been fought; many battles have been waged; and many lives have been lost in order to protect our country and our cherished freedom; and

Whereas, In 1938, Congress proclaimed November 11th to be Armistice Day and in 1954, changed the name to Veterans' Day to honor all who have fought bravely in America's wars; and

Whereas, In 1868, General John Logan, national commander of the Grand Army of the Republic, officially proclaimed the 30th day of May to be Memorial Day, in honor of those fine men and women who have given their lives in noble service to our country; and

Whereas, In order to continually protect our cherished freedom we must always maintain armed forces and be ever vigilant against threats to our nation. For this reason, thousands of American troops are currently stationed around the world on peacekeeping missions, as well as fighting the war on terror. They spend months and years away from family and friends. Moreover, these brave Americans put themselves in harm's way to keep us safe, knowing full-well they may be making the ultimate sacrifice; and

Whereas, Our active troops are remembered along with veterans on Memorial Day and Veterans' Day; however, there is no day set aside specifically to honor the men and women who are presently serving our country. These brave men and women, as well as their families, deserve to know that we appreciate all of the sacrifices they are making for this country; and

Whereas, Alexandra McGregor, a student at Waterford Kettering High School, has initiated a Candlelight Recognitionto Support Our Troops at Waterford Kettering on March 26, 2007. It is the ultimate goal of Alexandra McGregor to get our whole nation to observe five minutes of silence at 6:00 p.m., EST, in honor and appreciation of our American soldiers currently serving around the world. Alexandra also encourages state and local governments to proclaim March 26th as Support Our Troops Day. Furthermore, it is her hope that March 26th could be officially established by the Federal Government as Support Our Troops Day: now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body proclaim March 26, 2007, to be Support Our Troops Day in the state of Michigan; and be it further

Resolved, That residents of the state of Michigan are respectfully requested to pause for five minutes at 6:00 p.m. on March 26, 2007, to reflect with grateful hearts on the sacrifices being made by our servicemen and women in order to preserve our freedom and our way of life; and be it further

Resolved, That we encourages schools, churches, associations, and local governments to organize and promote ceremonies on March 26th in observance of Support Our Troops Day; and be it further

Resolved, That copies of this adopted resolution be transmitted to Alexandra McGregor and Waterford Kettering High School.

Pending the reference of the resolution to a committee,

Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

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Rep. Rocca moved that the House adjourn.

The motion prevailed, the time being 3:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, March 8, at 12:00 Noon.

RICHARD J. BROWN

Clerk of the House of Representatives