2007-HJ-05-23-051.htm

No. 51

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Wednesday, May 23, 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--present Donigan--present LaJoy--present Polidori--present

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

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

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

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

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

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

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

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

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

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

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

Byrum--present Hammel--present Meisner--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--present

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

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

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

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

DeRoche--present Knollenberg--present

e/d/s = entered during session

Rep. LaMar Lemmons, Jr., from the 2nd District, offered the following invocation:

"Heavenly Father, we thank You for our many blessings. We thank You for this day, this hour and this moment. We thank You for bringing our hearts and minds together in this house for the good of the people and state. Heavenly Father, bless those men and women that are serving in other countries. They are serving to bring peace and happiness to mankind throughout the world. Bless them and keep them safe; bring them home soon. These things we ask in Jesus name. Amen."

______

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

The motion prevailed.

______

Rep. Tobocman moved that House Committees be given leave to meet during the balance of 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, May 23:

House Bill Nos. 4811 4812 4813

Senate Bill Nos. 516 517 518 519 520 521 522 523 524 525 526 527 528 529

The Clerk announced that the following Senate bills had been received on Wednesday, May 23:

Senate Bill Nos. 75 340 450 451 452 453

Reports of Standing Committees

The Committee on Intergovernmental, Urban and Regional Affairs, by Rep. Byrum, Chair, reported

House Bill No. 4515, entitled

A bill to amend 1836 PA 25, entitled "An act concerning the records of deeds and other conveyances of land," by amending section 1 (MCL 565.581).

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. Byrum, Young, Coulouris, Johnson, Meadows, Tobocman, Pavlov, Nitz and Opsommer

Nays: None

The Committee on Intergovernmental, Urban and Regional Affairs, by Rep. Byrum, Chair, reported

House Bill No. 4516, entitled

A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," by amending section 1 (MCL 565.201), as amended by 2002 PA 19.

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. Byrum, Young, Coulouris, Meadows, Tobocman, Pavlov, Nitz and Opsommer

Nays: None

The Committee on Intergovernmental, Urban and Regional Affairs, by Rep. Byrum, Chair, reported

House Bill No. 4517, entitled

A bill to amend 1867 PA 20, entitled "An act relative to recording deeds, mortgages and instruments of record, and to declare the effect thereof," by amending section 1 (MCL 565.491), as amended by 1992 PA 211.

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. Byrum, Young, Coulouris, Meadows, Tobocman, Pavlov, Nitz and Opsommer

Nays: None

The Committee on Intergovernmental, Urban and Regional Affairs, by Rep. Byrum, Chair, reported

House Bill No. 4518, entitled

A bill to amend 1873 PA 5, entitled "An act to provide for the recording of judgments in actions affecting or relating to the title of real estate," by amending section 1 (MCL 565.401).

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. Byrum, Young, Coulouris, Meadows, Tobocman, Pavlov, Nitz and Opsommer

Nays: None

The Committee on Intergovernmental, Urban and Regional Affairs, by Rep. Byrum, Chair, reported

House Bill No. 4519, entitled

A bill to amend 1915 PA 123, entitled "An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits," by amending section 2 (MCL 565.452).

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. Byrum, Young, Coulouris, Meadows, Tobocman, Pavlov, Nitz and Opsommer

Nays: None

The Committee on Intergovernmental, Urban and Regional Affairs, by Rep. Byrum, Chair, reported

House Bill No. 4520, entitled

A bill to amend 1875 PA 54, entitled "An act to facilitate the inspection and reproduction of the records and files in the offices of the registers of deeds," by amending section 1 (MCL 565.551), as amended by 1994 PA 51.

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. Byrum, Young, Coulouris, Meadows, Tobocman, Pavlov, Nitz and Opsommer

Nays: None

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, May 23, 2007

Present: Reps. Byrum, Young, Coulouris, Johnson, Meadows, Tobocman, Pavlov, Nitz, Meekhof and Opsommer

Absent: Rep. Farrah

Excused: Rep. Farrah

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

Senate Bill No. 105, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 8511 and 8513 (MCL 600.8511 and 600.8513), section 8511 as amended by 1999 PA 75 and section 8513 as added by 1984 PA 278.

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, Scott, Warren, Schuitmaker, David Law, Elsenheimer and Rick Jones

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 23, 2007

Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Warren, Schuitmaker, David Law, Elsenheimer and Rick Jones

Absent: Reps. Virgil Smith, Stakoe and Rocca

Excused: Reps. Virgil Smith, Stakoe and Rocca

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 4492, entitled

A bill 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.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade and Vagnozzi

Nays: Reps. Acciavatti, Caswell, Shaffer, Brandenburg, Amos, Booher, Caul, Hansen, Proos, Agema and Moss

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Concurrent Resolution No. 23.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Projects-Phase I and II Group B General Office Building Renovations.

(For text of concurrent resolution, see House Journal No. 48, p. 717.)

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. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Brandenburg, Amos, Booher, Caul, Hansen, Proos, Agema, Moss and Nofs

Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Concurrent Resolution No. 24.

(For text of concurrent resolution, see House Journal No. 48, p. 718.)

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:

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 23, 2007

Present: Reps. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Brandenburg, Amos, Booher, Caul, Hansen, Proos, Agema, Moss and Nofs

Absent: Rep. Cheeks

Excused: Rep. Cheeks

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 23, 2007

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

Absent: Reps. Clemente and Garfield

Excused: Reps. Clemente and Garfield

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Tobocman, Chair, of the Committee on Oversight and Investigations, was received and read:

Meeting held on: Wednesday, May 23, 2007

Present: Reps. Tobocman, Condino, Hood, Rick Jones and Horn

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 23, 2007

Present: Reps. Mayes, Byrum, Brown, Kathleen Law, Leland, Sheltrown, Walker, Nitz, Ball and Meekhof

Absent: Rep. Angerer

Excused: Rep. Angerer

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 23, 2007

Present: Reps. Angerer, Simpson, Byrum, Clack, Corriveau, Coulouris, Donigan, Hammon, Robert Jones, Valentine, Wojno, Gaffney, Hune, Green and Calley

Absent: Reps. Ward, Marleau and Ball

Excused: Reps. Ward, Marleau and Ball

Messages from the Governor

The following message from the Governor was received and read:

May 18, 2007

In accordance with Michigan Compiled Laws 21.161, Grants and Gifts to State, I have accepted the Michigan State Troopers Association's gift of $400,000, which the Troopers Association designated for use towards the compensation packages of 29 Michigan State Troopers who were scheduled for layoff in April 2007. On May 4 2007, I signed Enrolled Senate Bill 404-now PA 7 of 2007- of which Section 107 specifically, appropriates $400,000 in private donations to the Michigan State Police for At-Post Trooper support.

On behalf of the Department of State Police, and the People of the State of Michigan, I extend my gratitude to the Michigan State Police Troopers Association for your generosity during these difficult fiscal times.

Sincerely,

Jennifer M. Granholm

Governor

The message was referred to the Clerk.

Communications from State Officers

The following communications from the Auditor General were received and read:

May 22, 2007

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

Performance audit of

Washtenaw Community College,

May 2007

May 22, 2007

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

Performance audit of the Adrian Training School,

Department of Human Services

May 2007

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Clerk and the accompanying reports referred to the Committee on Government Operations.

Quorum Call

Rep. Accavitti 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. 163 Yeas--109

Accavitti Donigan Lahti Pearce

Acciavatti Ebli LaJoy Polidori

Agema Elsenheimer Law, David Proos

Amos Emmons Law, Kathleen Robertson

Angerer Espinoza LeBlanc Rocca

Ball Farrah Leland Sak

Bauer Gaffney Lemmons Schuitmaker

Bennett Garfield Lindberg Scott

Bieda Gillard Marleau Shaffer

Booher Gonzales Mayes Sheen

Brandenburg Green McDowell Sheltrown

Brown Griffin Meadows Simpson

Byrnes Hammel Meekhof Smith, Alma

Byrum Hammon Meisner Smith, Virgil

Calley Hansen Melton Spade

Casperson Hildenbrand Meltzer Stahl

Caswell Hood Miller Stakoe

Caul Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Dillon

In The Chair: Sak

By unanimous consent the House returned to the order of

Motions and Resolutions

The Speaker and Reps. Ward, Schuitmaker, Hildenbrand, Green, Acciavatti, Casperson, Huizenga, Pearce, Rick Jones, Stahl, Hansen, David Law, Gillard, Hune, Caswell, Moore, Wenke, Robertson, LaJoy, Horn, Proos, Shaffer, Palmer, Agema, Marleau, Hopgood, Constan, Bauer, Clack, Pavlov, Moss, Rocca, Moolenaar, Palsrok, Meltzer, Meekhof, Emmons, Hoogendyk, Amos, Opsommer, Ball, Caul, Booher, Steil, Calley, Tobocman, Simpson, Sheen, Angerer, Brandenburg, Accavitti, Jackson, Meisner, Miller, Kathleen Law, Gonzales, LeBlanc, Warren, Spade, Clemente, Byrum, Robert Jones, Hammon, Coulouris, Griffin, Condino, Polidori, Brown, Donigan, Lahti, Cushingberry, McDowell, Bennett, Valentine, Corriveau, Bieda, Young, Farrah, Lemmons, Wojno, Byrnes, Scott, Mayes, Dean, Leland, Sheltrown, Hammel, Nofs, Walker, Melton, Ebli, Espinoza, Johnson, Elsenheimer, Nitz and Sak offered the following concurrent resolution:

House Concurrent Resolution No. 26.

A concurrent resolution to request the State Officers Compensation Commission to recommend a 5 percent reduction in the salaries of the members of the Legislature the next time the commission meets in 2008.

Whereas, Article IV, Section 12 of the state constitution of 1963 established the State Officers Compensation Commission. The commission was established to determine the salaries and expense allowances of the members of the Legislature, the Governor, the Lieutenant Governor, the Attorney General, the Secretary of the State, and the Justices of the Supreme Court; and

Whereas, Section 3 of 1968 PA 357 provides that the Commission shall meet for not more than 15 session days beginning after July 1 of every even numbered year and may reconsider and make a further determination of the mileage allowance of the members of the legislature who request of the commission a redetermination; and

Whereas, In light of the sacrifices being made by residents across the state, we believe that as elected leaders in state government we have an obligation to share in these sacrifices; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we request the State Officers Compensation Commission to recommend a 5 percent reduction in the salaries of the members of the Legislature the next time the commission meets in 2008; and be it further

Resolved, That copies of this resolution be transmitted to members of the State Officers Compensation Commission and the Director of the Michigan Department of Civil Service.

Pending the reference of the concurrent resolution to a committee,

Rep. Tobocman moved that Rule 71 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.

Third Reading of Bills

House Bill No. 4796, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1245.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion was seconded and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

Rep. Meisner moved to amend the bill as follows:

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

"(4) AS USED IN THIS SECTION, "HIRED FOR EMPLOYMENT" DOES NOT INCLUDE THE RENEWAL OR CONTINUATION OF AN EXISTING CONTRACT.".

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,

Rep. Angerer moved to amend the bill as follows:

1. Amend page 2, following line 11, by inserting:

"(2) THE DEPARTMENT SHALL TAKE THE NECESSARY MEASURES TO ENSURE THAT THE REGISTRY OF EDUCATIONAL PERSONNEL INCLUDES THE MONETARY VALUE OF EACH EMPLOYEE'S ANNUAL TOTAL COMPENSATION PACKAGE." and renumbering the remaining subsections.

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,

Rep. Jackson moved to amend the bill as follows:

1. Amend page 1, line 5, after "SUBSECTION (2)," by inserting "AND EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3),".

2. Amend page 2, following line 27, by inserting:

"(3) THE BOARD OF A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT OR BOARD OF DIRECTORS OF A PUBLIC SCHOOL ACADEMY MAY APPLY TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION FOR A WAIVER FROM THE LIMITS OF SUBSECTION (1)(A) FOR A PARTICULAR EMPLOYEE. IF THE BOARD OR BOARD OF DIRECTORS DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION THAT THE NATIONWIDE INDUSTRY STANDARD FOR AN ANNUAL TOTAL COMPENSATION PACKAGE FOR A SIMILAR TYPE OF EMPLOYEE IN A SIMILAR SIZE SCHOOL DISTRICT EXCEEDS THE LIMITS OF SUBSECTION (1)(A), THEN THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL GRANT THE WAIVER AND THE SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY THEN MAY PROVIDE AN ANNUAL TOTAL COMPENSATION PACKAGE FOR THE EMPLOYEE THAT EXCEEDS THE LIMITS OF SUBSECTION (1)(A)." and renumbering the remaining subsection.

The motion was seconded and the amendments were 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. 164 Yeas--59

Accavitti Cushingberry Johnson Schuitmaker

Angerer Dillon Jones, Robert Scott

Ball Donigan Lahti Sheltrown

Bauer Ebli Law, Kathleen Simpson

Bennett Espinoza LeBlanc Smith, Virgil

Bieda Farrah Leland Stahl

Brown Gillard Lemmons Steil

Byrnes Gonzales Mayes Tobocman

Byrum Griffin McDowell Vagnozzi

Clack Hammel Meisner Valentine

Clemente Hammon Melton Ward

Condino Hood Miller Wenke

Constan Hopgood Polidori Wojno

Corriveau Hune Rocca Young

Coulouris Jackson Sak

Nays--50

Acciavatti Gaffney Marleau Pastor

Agema Garfield Meadows Pavlov

Amos Green Meekhof Pearce

Booher Hansen Meltzer Proos

Brandenburg Hildenbrand Moolenaar Robertson

Calley Hoogendyk Moore Shaffer

Casperson Horn Moss Sheen

Caswell Huizenga Nitz Smith, Alma

Caul Jones, Rick Nofs Spade

Dean Knollenberg Opsommer Stakoe

DeRoche LaJoy Palmer Walker

Elsenheimer Law, David Palsrok Warren

Emmons Lindberg

In The Chair: Sak

The House agreed to the title of the bill.

Rep. Hoogendyk, 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 Jackson amendment puts the fox in charge of the hen house. It allows the school board to appeal to the superintendent for a waiver which allows them to pay the superintendent more than the salary cap. Do you think maybe the super will allow the board to pay him more money?"

Second Reading of Bills

House Bill No. 4800, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section 68c.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4800, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section 68c.

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

Roll Call No. 165 Yeas--61

Accavitti Donigan Jones, Rick Robertson

Angerer Ebli Jones, Robert Rocca

Ball Espinoza Law, Kathleen Sak

Bauer Farrah LeBlanc Sheltrown

Bennett Gillard Leland Simpson

Bieda Gonzales Lemmons Smith, Virgil

Byrnes Griffin Marleau Spade

Byrum Hammel Mayes Stahl

Clemente Hammon McDowell Tobocman

Condino Hildenbrand Meisner Valentine

Constan Hood Melton Ward

Corriveau Hopgood Meltzer Warren

Coulouris Huizenga Miller Wenke

Dean Jackson Palmer Wojno

DeRoche Johnson Polidori Young

Dillon

Nays--39

Acciavatti Garfield Meekhof Proos

Agema Green Moolenaar Schuitmaker

Amos Hansen Moore Scott

Booher Hoogendyk Moss Shaffer

Brandenburg Horn Nitz Sheen

Calley Hune Opsommer Stakoe

Casperson Knollenberg Palsrok Steil

Elsenheimer Lahti Pastor Vagnozzi

Emmons LaJoy Pavlov Walker

Gaffney Law, David Pearce

In The Chair: Sak

The House agreed to the title of the bill.

______

Rep. Nofs, under Rule 31, made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 165 because of a possible conflict of interest."

Rep. Meadows, under Rule 31, made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 165 because of a possible conflict of interest."

Rep. Alma Smith, under Rule 31, made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 165 because of a possible conflict of interest."

Rep. Clack, under Rule 31, made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 165 because of a possible conflict of interest."

Rep. Lindberg, under Rule 31, made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 165 because of a possible conflict of interest."

Rep. Brown, under Rule 31, made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 165 because of a possible conflict of interest."

Rep. Caswell, under Rule 31, made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 165 because of a possible conflict of interest."

Rep. Caul, under Rule 31, made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 165 because of a possible conflict of interest."

______

Rep. Hoogendyk, 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 is tie-barred to a whopping increase in the income tax to all wage earners in the state. I am not going to vote for this bill for that reason."

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 must vote no for this bill as it is tie-barred to an income tax increase, and would have untold consequences. It has been rushed through and was not fully vetted. It is a mistake for the legislature to move legislation like this without fully investigating the consequences - both intended and unintended."

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that Rule 42 be suspended.

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

Rep. Tobocman moved that the Committee on Tax Policy be discharged from further consideration of Senate Bill No. 94.

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. 94, entitled

A bill to provide for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to repeal acts and parts of acts.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 94, entitled

The bill was read a third time.

The question being on the passage of the bill,

Rep. Bieda 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. 166 Yeas--62

Accavitti Dillon Jones, Robert Sak

Angerer Donigan Lahti Scott

Bauer Ebli Law, Kathleen Sheltrown

Bennett Espinoza LeBlanc Simpson

Bieda Farrah Leland Smith, Alma

Brown Gaffney Lemmons Smith, Virgil

Byrnes Gillard Lindberg Spade

Byrum Gonzales Mayes Steil

Clack Griffin McDowell Tobocman

Clemente Hammel Meadows Vagnozzi

Condino Hammon Meisner Valentine

Constan Hood Melton Warren

Corriveau Hopgood Miller Wenke

Coulouris Jackson Nofs Wojno

Cushingberry Johnson Polidori Young

Dean Jones, Rick

Nays--47

Acciavatti Emmons Marleau Pearce

Agema Garfield Meekhof Proos

Amos Green Meltzer Robertson

Ball Hansen Moolenaar Rocca

Booher Hildenbrand Moore Schuitmaker

Brandenburg Hoogendyk Moss Shaffer

Calley Horn Nitz Sheen

Casperson Huizenga Opsommer Stahl

Caswell Hune Palmer Stakoe

Caul Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Law, David Pavlov

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:

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 4580, entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending section 75 (MCL 38.1075), as amended by 1998 PA 501.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Government Operations (for amendment, see House Journal No. 35, p. 494),

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

Rep. Knollenberg moved to amend the bill as follows:

1. Amend page 2, following line 19, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4558 of the 94th Legislature is enacted into law.".

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

Rep. Knollenberg moved to amend the bill as follows:

1. Amend page 2, line 2, after "JANUARY 1," by striking out "2007" and inserting "2006".

2. Amend page 2, line 19, after "JANUARY 1," by striking out "2007" and inserting "2006".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4580, entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending section 75 (MCL 38.1075), 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. 167 Yeas--107

Accavitti Dillon Lahti Pearce

Acciavatti Donigan LaJoy Polidori

Agema Ebli Law, David Proos

Amos Elsenheimer Law, Kathleen Robertson

Angerer Emmons LeBlanc Rocca

Ball Espinoza Leland Sak

Bauer Farrah Lemmons Schuitmaker

Bennett Garfield Lindberg Scott

Bieda Gillard Marleau Shaffer

Booher Gonzales Mayes Sheltrown

Brandenburg Green McDowell Simpson

Brown Griffin Meadows Smith, Alma

Byrnes Hammel Meekhof Smith, Virgil

Byrum Hammon Meisner Spade

Calley Hansen Melton Stahl

Casperson Hildenbrand Meltzer Stakoe

Caswell Hood Miller Steil

Caul Hoogendyk Moolenaar Tobocman

Clack Hopgood Moore Vagnozzi

Clemente Horn Moss Valentine

Condino Huizenga Nitz Walker

Constan Hune Nofs Ward

Corriveau Jackson Opsommer Warren

Coulouris Johnson Palmer Wenke

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

DeRoche Knollenberg Pavlov

Nays--2

Gaffney Sheen

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.

______

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

"Mr. Speaker and members of the House:

This bill is purely political and will only serve to further diminish the qualified candidates who will run for the legislature in the future. First of all legislatures do not have lifetime healthcare benefits, their benefits last for only ten years. If a legislator wants the benefit which lasts between age 55 and 65, they will have to pay a premium which is approximately 10% of the benefit. At age 65 the healthcare plan becomes a supplemental Medicare benefit, which doesn't supplement much.

Many legislators have given up jobs and careers for a potential 2 to 6 years in the legislator with no promise of returning to their former job or position. This by no means is a excessive benefit, but this bill is a bill that accomplishes little, saves little, and deals with perception not reality."

By unanimous consent the House returned to the order of

Motions and Resolutions

By unanimous consent the House considered House Resolution No. 120 out of numerical order.

Reps. Ward and Tobocman offered the following resolution:

House Resolution No. 120.

A resolution to amend the Standing Rules of the House of Representatives.

Resolved by the House of Representatives, That Rule 63 and Rule 64 of the Standing Rules of the House of Representatives be amended to read as follows:

"Motions for Reconsideration.

Rule 63. Any Member may move for a reconsideration of any question on the same OR NEXT SUCCEEDING legislative session day,IF THE BILL IS STILL IN THE POSSESSION OF THE HOUSE. Reconsideration of the vote by which a bill passed the House, or any proposition requiring a vote in excess of a majority of Members elected and serving for adoption, shall require a majority of the Members elected and serving. The motion to reconsider shall not be renewed the same day. A motion to reconsider any question shall not be subject to any subsidiary motion except to postpone for the day. The question of passing a bill the objections of the Governor notwithstanding shall not be reconsidered more than twice.

Notice of Reconsideration.

Rule 64. A notice of intention to move for a reconsideration of any bill THAT IS STILL IN THE POSSESSION OF THE HOUSE may be given by any member FROM THE FLOOR OR IN WRITING TO THE CLERK, with the support of 1/3 of the members elected and serving, which shall be immediately announced by the Clerk, spread upon the House Journal, and the bill shall be retained by the Clerk of the House until after the time expires during which under Rule 63 the motion can be made, either by the Member serving such notice or by any other Member. Notice of intention shall not be in order on the day preceding a recess of one week or more, unless supported by two-fifths of the Members shown to be present by the House Journal entries, or at a time which would prevent passage of the bill. No other Members may move for reconsideration on the same day that notice of intention to move for a reconsideration is given.".

Pending the reference of the resolution to a committee,

Rep. Tobocman moved that Rules 69 and 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. Steil, Accavitti, Bieda, Brown, Byrum, Clack, Condino, Constan, Cushingberry, Elsenheimer, Farrah, Garfield, Gillard, Green, Hammel, Hammon, Hildenbrand, Hopgood, Rick Jones, Robert Jones, Lahti, Kathleen Law, LeBlanc, Leland, Lemmons, Marleau, Mayes, McDowell, Meadows, Meekhof, Miller, Opsommer, Palmer, Palsrok, Pastor, Pearce, Polidori, Rocca, Sak, Shaffer, Simpson, Alma Smith, Spade, Vagnozzi and Valentine offered the following resolution:

House Resolution No. 118.

A resolution commemorating June 10 - 16, 2007, as Emerald Ash Borer Awareness Week in the state of Michigan.

Whereas, There are over 700 million ash trees that blanket the great state of Michigan that contribute to the air quality,natural beauty, ecosystem health, recreation desirability, commerce growth rates and property/land values in our state; and

Whereas, Nearly 15 million of this valuable species have already fallen victim to the Emerald Ash Borer (EAB), a destructive, invasive, exotic beetle, spread artificially through the movement of firewood; and

Whereas, Increased public awareness benefits the state of Michigan by reducing the need for government, businesses,industry and citizens to expend additional financial and human resources to control and eradicate new EAB infestations, while ultimately reducing the risk to the greater ash resource of Michigan and encouraging environmental stewardship; and

Whereas, The month of June marks the beginning of summer vacation and high-tourism season in Michigan; and

Whereas, In conjunction with Great Outdoors Month, Emerald Ash Borer Awareness Week is an opportunity for government to join forces with business, industry, environmental groups, community organizations and citizens to take action against the artificial spread and introduction of EAB; and

Whereas, Public education of quarantine locations and regulations will contribute to the protection of one of Michigan's most valuable natural resources, its forests, further reducing the spread of the EAB's damage; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate June 10 - 16, 2007, as Emerald Ash Borer Awareness Week in the state of Michigan; and be it further;

Resolved, That a copy of this resolution be transmitted to the Michigan Department of Agriculture.

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. Sheltrown, Booher, Palsrok, Lahti, Lindberg, Gillard, McDowell, Moore, Hansen, Mayes, Walker, Stahl, Huizenga, Farrah, Pearce, Rick Jones, Acciavatti, Polidori, Constan, Accavitti, Brandenburg, Brown, Byrum, Clack, Condino, Cushingberry, Elsenheimer, Garfield, Green, Hammel, Hammon, Hildenbrand, Hopgood, Robert Jones, KathleenLaw, LeBlanc, Leland, Lemmons, Marleau, Meadows, Meekhof, Miller, Opsommer, Pastor, Rocca, Sak, Shaffer, Simpson, Alma Smith, Spade, Steil, Tobocman, Vagnozzi and Valentine offered the following resolution:

House Resolution No. 119.

A resolution proclaiming the week of May 19-25, 2007, as Michigan Safe Boating Week.

Whereas, Michigan has more than 11,000 inland lakes, 36,000 miles of rivers, and shoreline on four of the Great Lakes. With more than 250,000 registered watercrafts, the state leads the nation in water recreation; and

Whereas, Michigan's exquisite coastlines, rivers, and lakes are prime settings for a wide range of activities, from fishing and swimming to water skiing and boating; and

Whereas, Most boating related injuries and deaths are a result of human error or poor judgment. Often these injuries and deaths could easily be prevented using common sense making boating safety the first priority and ensuring that everyone on board always wears a life jacket; and

Whereas, The state of Michigan, US Coast Guard, US Coast Guard Auxiliary, and the Department of Natural Resources supports safe boating with safe boating courses, vessel safety checks, chart updating, navigational aids verification, marine safety, and search and rescue activities to keep Michigan waters safe; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body proclaim the week of May 19-25, 2007, as Michigan Safe Boating Week. We urge all citizens to boat smart, boat safe, and wear a life jacket.

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.

Messages from the Senate

House Bill No. 4721, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section20129a (MCL 324.20129a), as amended by 2005 PA 42.

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 42, the bill was laid over one day.

Senate Bill No. 75, entitled

A bill to provide remedies in connection with security freezes on certain consumer credit information.

The Senate has passed the bill.

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

Senate Bill No. 340, entitled

A bill to require certain consumer reporting agencies to place security freezes on certain consumer credit information; to provide for the removal and temporary lifting of security freezes; to provide for the powers and duties of certain state officers and entities; and to authorize and limit fees.

The Senate has passed the bill.

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

Senate Bill No. 450, 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 Senate has passed the bill.

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

Senate Bill No. 451, 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 2975a.

The Senate has passed the bill.

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

Senate Bill No. 452, 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 Senate has passed the bill.

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

Senate Bill No. 453, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 39 (MCL 338.2239), as amended by 2003 PA 87.

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Transportation from further consideration of House Bill No. 4575.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Transportation from further consideration of House Bill No. 4576.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Transportation from further consideration of House Bill No. 4577.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 4600.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 4601.

Rep. Tobocman

Introduction of Bills

Reps. Clack, Meadows, Hammon, Young, Cushingberry, Donigan, Johnson, Constan, Leland, Lahti, Gillard, Byrnes, Coulouris, Alma Smith, Hopgood, Warren, Polidori, Farrah, Meisner, Lemmons, Angerer and Vagnozzi introduced

House Bill No. 4814, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1502 (MCL 380.1502), as amended by 1993 PA 335.

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

Reps. Clack, Meadows, Hammon, Young, Cushingberry, Donigan, Johnson, Scott, Leland, Lahti, Jackson, Accavitti, Corriveau, Miller, Angerer, Vagnozzi and Alma Smith introduced

House Bill No. 4815, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1138.

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

Reps. Clack, Meadows, Hammon, Cushingberry, Johnson, Donigan, Constan, Leland, Jackson, Miller, Angerer, Alma Smith and Vagnozzi introduced

House Bill No. 4816, entitled

A bill to amend 2000 PA 92, entitled "Food law of 2000," by amending section 4107 (MCL 289.4107).

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

Rep. Green introduced

House Bill No. 4817, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 675d and 742 (MCL 257.675d and 257.742), section 675d as amended by 2004 PA 49 and section 742 as amended by 2000 PA 268.

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

Reps. Steil, Dean, Agema, Rick Jones, Pearce, Huizenga and Green introduced

House Bill No. 4818, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending section 3 (MCL 722.23), as amended by 1993 PA 259.

The bill was read a first time by its title and referred to the Committee on Families and Children's Services.

Reps. Meadows, Alma Smith, Tobocman, Hammon, Condino, Valentine, Byrnes, Bieda, Calley, Bauer, Polidori, Brown, Opsommer, Hune, Rick Jones, Caul, Ball, Byrum, Simpson, Cushingberry and Vagnozzi introduced

House Bill No. 4819, entitled

A bill to prescribe the senior medical alert as the official response to reports of certain missing persons; to provide for the broadcast of information regarding those incidents; and to provide for certain civil immunity.

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

Reps. Hansen, Elsenheimer, Nofs, Booher, Agema, Moss, Sheltrown, Nitz, Caul, Ball, Accavitti, Mayes, Hildenbrand, Casperson, Moore, Hoogendyk, Emmons, Meekhof, Palsrok and Walker introduced

House Bill No. 4820, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3112 and 3122 (MCL 324.3112 and 324.3122), section 3112 as amended by 2005 PA 33 and section 3122 as added by 2004 PA 90.

The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Reps. Gonzales, Hammon, Kathleen Law, Virgil Smith and Leland introduced

House Joint Resolution M, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 13 of article IV and by repealing section 54 of article IV, to limit the legislative session and to repeal term limits for legislators.

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

______

Rep. LeBlanc moved that the House adjourn.

The motion prevailed, the time being 11:00 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, May 24, at 12:00 Noon.

RICHARD J. BROWN

Clerk of the House of Representatives