No. 29

State of MichigaN

JOURNAL

of the

House of Representatives

94th Legislature

RegULaR SeSSioN of 2008

House Chamber, Lansing, Thursday, March 20, 2008.

12:00 Noon.

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—excused 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—e/d/s

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

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

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

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

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

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

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

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

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

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

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

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

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

DeRoche—present Knollenberg—present

e/d/s = entered during session

Rep. John P. Stakoe, from the 44th District, offered the following invocation:

“Heavenly Father, we begin another day serving the people of Michigan asking You to bring us together in common cause for those we represent. We pray that You imbue in all of us the qualities required to do our work with fairness, understanding and wisdom. That our singular desire in the work we do is to improve the quality of life for our constituents, family and friends. We pray for the safe return of all the brave men and women serving our country. We thank You for this opportunity to serve, for the many privileges we enjoy and for the guidance You give us. In Jesus’ name we pray. Amen.”

______

Rep. Booher moved that Reps. Ball and Pastor be excused from today’s session.

The motion prevailed.

Reports of Standing committees

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

 house Bill No. 5808, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2009; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

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. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Alma Smith, Spade, Vagnozzi, Caswell, Shaffer, Brandenburg, Amos, Booher, Hansen and Moss

Nays: None

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

 house Bill No. 5809, entitled

A bill to make appropriations for the department of labor and economic growth and certain other state purposes for the fiscal year ending September 30, 2009; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: Reps. Acciavatti, Brandenburg, Booher, Proos, Agema and Moss

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

 house Bill No. 5810, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2009; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

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

Nays: Rep. Amos

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

 house Bill No. 5814, entitled

A bill to make appropriations for the department of human services and certain state purposes related to public welfare services for the fiscal year ending September 30, 2009 to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

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

Nays: None

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

 house Bill No. 5816, entitled

A bill to make, appropriations for the departments of attorney general, civil rights, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2009; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

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

Nays: None

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

 Senate Bill No. 1157, entitled

A bill to amend 1960 PA 77, entitled “An act to create the Michigan higher education assistance authority and to prescribe its powers and duties; to authorize persons, corporations, and associations to make gifts to the authority; to prescribe the powers and duties of certain state officials; to authorize, ratify, and confirm certain guarantees of students’ loans and authorize reguarantees; to authorize, ratify, and confirm certain guarantees of loans made to parents of students; to validate certain prior appropriations; and to authorize the transfer of certain appropriations to be transferred to and administered by the authority,” (MCL 390.951 to 390.961) by adding section 7b; and to repeal acts and parts of acts.

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

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, March 19, 2008

Present: Reps. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, 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

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

 Senate Bill No. 716, entitled

A bill to amend 2004 PA 47, entitled “Medical records access act,” by amending section 3 (MCL 333.26263).

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. Angerer, Simpson, Byrum, Clack, Corriveau, Coulouris, Donigan, Hammon, Valentine, Wojno, Johnson, Gaffney, Hune, Marleau, Green, Calley, Robertson and Moore

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 20, 2008

Present: Reps. Angerer, Simpson, Byrum, Clack, Corriveau, Coulouris, Donigan, Hammon, Valentine, Wojno, Johnson, Gaffney, Hune, Marleau, Green, Calley, Robertson and Moore

Absent: Reps. Robert Jones and Ball

Excused: Reps. Robert Jones and Ball

The Committee on New Economy and Quality of Life, by Rep. Clemente, Chair, reported

 house Bill No. 5895, 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 2007 PA 146.

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. Clemente, Leland, Clack, Griffin, Meadows, Meisner, Melton, Huizenga and Hildenbrand

Nays: None

The Committee on New Economy and Quality of Life, by Rep. Clemente, Chair, reported

 house Bill No. 5896, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2007 PA 116.

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. Clemente, Leland, Clack, Griffin, Meadows, Meisner, Melton, Huizenga and Hildenbrand

Nays: None

The Committee on New Economy and Quality of Life, by Rep. Clemente, Chair, reported

 Senate Bill No. 1115, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 431a.

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. Clemente, Leland, Clack, Griffin, Meadows, Meisner, Melton, Huizenga and Hildenbrand

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Clemente, Chair, of the Committee on New Economy and Quality of Life, was received and read:

Meeting held on: Thursday, March 20, 2008

Present: Reps. Clemente, Leland, Clack, Griffin, Meadows, Meisner, Melton, Huizenga and Hildenbrand

Absent: Reps. Garfield and Pastor

Excused: Reps. Garfield and Pastor

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

 house Bill No. 5695, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 720 (MCL 257.720), as amended by 2003 PA 142.

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. Hopgood, Griffin, Accavitti, Donigan, Ebli, Leland, Mayes, Miller, LaJoy, Casperson, Nitz, Pavlov, Pearce, Stahl and Knollenberg

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 20, 2008

Present: Reps. Hopgood, Griffin, Accavitti, Bieda, Donigan, Ebli, Leland, Mayes, Miller, Young, LaJoy, Casperson, Nitz, Pavlov, Pearce, Stahl and Knollenberg

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Meadows, Chair, of the Committee on Retiree Health Care Reforms, was received and read:

Meeting held on: Thursday, March 20, 2008

Present: Reps. Meadows, Coulouris, Spade, Johnson, Alma Smith, Valentine, Wenke, Calley and Moss

Absent: Rep. Knollenberg

Excused: Rep. Knollenberg

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Virgil Smith, Chair, of the Committee on Insurance, was received and read:

Meeting held on: Thursday, March 20, 2008

Present: Reps. Virgil Smith, Farrah, Condino, Constan, Johnson, Lemmons, Polidori, Scott, Simpson, Wojno, Hune, Emmons, Hildenbrand, David Law, Moore, Rocca and Gaffney

The Speaker laid before the House

 house Resolution No. 306.

A resolution to memorialize the Congress of the United States to pass and the President to sign the Foreclosure Prevention Act of 2008.

(For text of resolution, see House Journal No. 27, p. 542.)

(The resolution was reported by the Committee on Banking and Financial Services on March 19, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

 house concurrent Resolution No. 78.

A concurrent resolution to memorialize the Congress of the United States to pass and the President to sign the Foreclosure Prevention Act of 2008.

(For text of concurrent resolution, see House Journal No. 27, p. 544.)

(The concurrent resolution was reported by the Committee on Banking and Financial Services on March 19, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Messages from the Senate

The Speaker laid before the House

 house Bill No. 5289, entitled

A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” (MCL 445.1651 to 445.1684) by adding section 2c.

(The bill was received from the Senate on February 27, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 28, see House Journal No. 19, p. 348.)

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. 206 Yeas—107

Accavitti Dillon Knollenberg Pearce

Acciavatti Donigan Lahti Polidori

Agema Ebli LaJoy Proos

Amos Elsenheimer Law, David Robertson

Angerer Emmons Law, Kathleen Rocca

Bauer Espinoza LeBlanc Sak

Bennett Farrah Leland Schuitmaker

Bieda Gaffney Lemmons Scott

Booher Garfield Lindberg Shaffer

Brandenburg Gillard Marleau Sheen

Brown Gonzales Mayes Sheltrown

Byrnes Green McDowell Simpson

Byrum Griffin Meadows Smith, Alma

Calley Hammel Meekhof Spade

Casperson Hammon Meisner Stahl

Caswell Hansen Melton Stakoe

Caul Hildenbrand Meltzer Steil

Cheeks Hood Miller Tobocman

Clack Hoogendyk Moolenaar Vagnozzi

Clemente Hopgood Moore Valentine

Condino Horn Moss Walker

Constan Huizenga Nitz Ward

Corriveau Hune Nofs Warren

Coulouris Jackson Opsommer Wenke

Cushingberry Johnson Palmer Wojno

Dean Jones, Rick Palsrok Young

DeRoche Jones, Robert Pavlov

Nays—0

In The Chair: Sak

The House agreed to the full title.

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

The Speaker laid before the House

 house Bill No. 5861, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 11e and 11f (MCL 247.661e and 247.661f), section 11e as amended by 2007 PA 26 and section 11f as amended by 2007 PA 27.

(The bill was received from the Senate on March 19, 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. 28, p. 574.)

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. 207 Yeas—106

Accavitti Donigan Lahti Pearce

Acciavatti Ebli LaJoy Polidori

Agema Elsenheimer Law, David Proos

Amos Emmons Law, Kathleen Robertson

Angerer Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lemmons Schuitmaker

Bieda Garfield Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheen

Brown Green McDowell Sheltrown

Byrnes Griffin Meadows Simpson

Byrum Hammel Meekhof Smith, Alma

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caul Hildenbrand Meltzer Stakoe

Cheeks Hood Miller Steil

Clack Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Jackson Opsommer Warren

Cushingberry Johnson Palmer Wenke

Dean Jones, Rick Palsrok Wojno

DeRoche Jones, Robert Pavlov Young

Dillon Knollenberg

Nays—1

Caswell

In The Chair: Sak

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

Second Reading of Bills

 house Bill No. 4260, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16a of chapter IX (MCL 769.16a), as amended by 2005 PA 106.

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

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

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

The motion prevailed.

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

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

______

Rep. Virgil Smith entered the House Chambers.

By unanimous consent the House returned to the order of

third Reading of Bills

 house Bill No. 4260, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16a of chapter IX (MCL 769.16a), as amended by 2005 PA 106.

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

Roll call No. 208 Yeas—108

Accavitti Dillon Knollenberg Pearce

Acciavatti Donigan Lahti Polidori

Agema Ebli LaJoy Proos

Amos Elsenheimer Law, David Robertson

Angerer Emmons Law, Kathleen Rocca

Bauer Espinoza LeBlanc Sak

Bennett Farrah Leland Schuitmaker

Bieda Gaffney Lemmons Scott

Booher Garfield Lindberg Shaffer

Brandenburg Gillard Marleau Sheen

Brown Gonzales Mayes Sheltrown

Byrnes Green McDowell Simpson

Byrum Griffin Meadows Smith, Alma

Calley Hammel Meekhof Smith, Virgil

Casperson Hammon Meisner Spade

Caswell Hansen Melton Stahl

Caul Hildenbrand Meltzer Stakoe

Cheeks Hood Miller Steil

Clack Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Jackson Opsommer Warren

Cushingberry Johnson Palmer Wenke

Dean Jones, Rick Palsrok Wojno

DeRoche Jones, Robert Pavlov Young

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

 house Bill No. 4602, entitled

A bill to amend 1988 PA 418, entitled “Uniform statutory rule against perpetuities,” by amending the title and sections 1, 2, and 5 (MCL 554.71, 554.72, and 554.75).

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

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

Rep. Schuitmaker 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. 4602, entitled

A bill to amend 1988 PA 418, entitled “Uniform statutory rule against perpetuities,” by amending the title and sections 1, 2, and 5 (MCL 554.71, 554.72, and 554.75).

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

Roll call No. 209 Yeas—104

Accavitti Donigan Knollenberg Pearce

Acciavatti Ebli Lahti Polidori

Amos Elsenheimer LaJoy Proos

Angerer Emmons Law, David Robertson

Bauer Espinoza Law, Kathleen Rocca

Bennett Farrah LeBlanc Sak

Bieda Gaffney Leland Schuitmaker

Booher Garfield Lemmons Scott

Brown Gillard Lindberg Shaffer

Byrnes Gonzales Marleau Sheltrown

Byrum Green Mayes Simpson

Calley Griffin McDowell Smith, Alma

Casperson Hammel Meadows Smith, Virgil

Caswell Hammon Meekhof Spade

Caul Hansen Meisner Stahl

Cheeks Hildenbrand Melton Stakoe

Clack Hood Meltzer Steil

Clemente Hoogendyk Miller Tobocman

Condino Hopgood Moolenaar Vagnozzi

Constan Horn Moore Valentine

Corriveau Huizenga Moss Walker

Coulouris Hune Nitz Ward

Cushingberry Jackson Nofs Warren

Dean Johnson Opsommer Wenke

DeRoche Jones, Rick Palsrok Wojno

Dillon Jones, Robert Pavlov Young

Nays—4

Agema Brandenburg Palmer Sheen

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 1988 PA 418, entitled “Uniform statutory rule against perpetuities,” by amending sections 2 and 5 (MCL 554.72 and 554.75).

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. 5089, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2005 PA 4.

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

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

Rep. Condino moved to amend the bill as follows:

1. Amend page 4, line 22, after “her” by striking out “trial” and inserting “PRoSecUtioN”.

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

Rep. Condino 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. 5089, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2005 PA 4.

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

Roll call No. 210 Yeas—106

Accavitti Dillon Lahti Polidori

Acciavatti Donigan LaJoy Proos

Agema Ebli Law, David Robertson

Amos Emmons Law, Kathleen Rocca

Angerer Espinoza LeBlanc Sak

Bauer Farrah Leland Schuitmaker

Bennett Gaffney Lemmons Scott

Bieda Garfield Lindberg Shaffer

Booher Gillard Marleau Sheen

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Steil

Cheeks Hoogendyk Moolenaar Tobocman

Clack Hopgood Moore Vagnozzi

Clemente Horn Moss Valentine

Condino Huizenga Nitz Walker

Constan Hune Nofs Ward

Corriveau Jackson Palmer Warren

Coulouris Johnson Palsrok Wenke

Cushingberry Jones, Rick Pavlov Wojno

Dean Jones, Robert Pearce Young

DeRoche Knollenberg

Nays—2

Elsenheimer Opsommer

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

 Senate Bill No. 351, entitled

A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending section 4 (MCL 252.304), as amended by 2006 PA 448.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Transportation (for amendment, see House Journal No. 121 of 2007, p. 2259),

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

third Reading of Bills

 Senate Bill No. 351, entitled

A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending section 4 (MCL 252.304), as amended by 2006 PA 448.

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

Roll call No. 211 Yeas—82

Accavitti Donigan Law, David Polidori

Amos Ebli Law, Kathleen Proos

Angerer Elsenheimer LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gillard Lindberg Scott

Booher Gonzales Marleau Shaffer

Brown Griffin Mayes Sheltrown

Byrnes Hammel McDowell Simpson

Byrum Hammon Meadows Smith, Alma

Casperson Hansen Meekhof Smith, Virgil

Cheeks Hildenbrand Meisner Spade

Clack Hood Melton Steil

Clemente Hopgood Miller Tobocman

Condino Horn Moore Vagnozzi

Constan Jackson Moss Valentine

Corriveau Johnson Nitz Walker

Coulouris Jones, Rick Palsrok Warren

Cushingberry Jones, Robert Pavlov Wojno

Dean Knollenberg Pearce Young

Dillon LaJoy

Nays—25

Acciavatti Emmons Hune Palmer

Agema Gaffney Lahti Robertson

Brandenburg Garfield Meltzer Sheen

Calley Green Moolenaar Stahl

Caswell Hoogendyk Nofs Stakoe

Caul Huizenga Opsommer Ward

DeRoche

In The Chair: Sak

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

“An act to provide for the licensing, regulation, control, and prohibition of outdoor advertising adjacent to certain roads and highways; to prescribe powers and duties of certain state agencies and officials; to promulgate rules; to provide remedies and prescribe penalties for violations; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

Second Reading of Bills

 Senate Bill No. 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.

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

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

Rep. Melton moved to amend the bill as follows:

1. Amend page 6, line 19, by striking out all of subdivision (h) and inserting:

“(h) “Water resource improvement district” or “district” means 1 or both of the following:

(i) An inland body of water and land that is up to 1 mile from the shoreline of an inland lake that contains 1 or more public access points.

(ii) An inland body of water and parcels of land that are contiguous to the shoreline of an inland lake that does not contain a public access point.”.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

third Reading of Bills

 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.

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

Roll call No. 212 Yeas—106

Accavitti Dillon Lahti Pearce

Acciavatti Donigan LaJoy Polidori

Agema Ebli Law, David Proos

Amos Elsenheimer Law, Kathleen Robertson

Angerer Emmons LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gaffney Lindberg Scott

Booher Garfield Marleau Shaffer

Brandenburg Gillard Mayes Sheen

Brown Gonzales McDowell Sheltrown

Byrnes Green Meadows Simpson

Byrum Griffin Meekhof Smith, Alma

Calley Hammel Meisner Smith, Virgil

Casperson Hammon Melton Spade

Caswell Hansen Meltzer Stahl

Caul Hildenbrand Miller Stakoe

Cheeks Hood Moolenaar Steil

Clack Hoogendyk Moore Tobocman

Clemente Hopgood Moss Vagnozzi

Condino Horn Nitz Valentine

Constan Huizenga Nofs Walker

Corriveau Jackson Opsommer Warren

Coulouris Johnson Palmer Wenke

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pavlov Young

DeRoche Knollenberg

Nays—2

Hune Ward

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

 Senate Bill No. 120, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 14j.

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. 120, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 14j.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that the Committee on Agriculture be discharged from further consideration of Senate Bill No. 885.

(For first notice see House Journal No. 28, p. 576.)

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

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. 885, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 8d, 8e, 9, and 10 (MCL 125.2688d, 125.2688e, 125.2689, and 125.2690), section 8d as amended by 2006 PA 93, section 8e as added by 2006 PA 270, and section 10 as amended by 2005 PA 164.

The bill was read a second time.

Rep. Mayes 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. Mayes moved to amend the bill as follows:

1. Amend page 15, line 19, by striking out all of enacting section 1.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

third Reading of Bills

 Senate Bill No. 885, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 8d, 8e, 9, and 10 (MCL 125.2688d, 125.2688e, 125.2689, and 125.2690), section 8d as amended by 2006 PA 93, section 8e as added by 2006 PA 270, and section 10 as amended by 2005 PA 164.

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

Roll call No. 213 Yeas—108

Accavitti Dillon Knollenberg Pearce

Acciavatti Donigan Lahti Polidori

Agema Ebli LaJoy Proos

Amos Elsenheimer Law, David Robertson

Angerer Emmons Law, Kathleen Rocca

Bauer Espinoza LeBlanc Sak

Bennett Farrah Leland Schuitmaker

Bieda Gaffney Lemmons Scott

Booher Garfield Lindberg Shaffer

Brandenburg Gillard Marleau Sheen

Brown Gonzales Mayes Sheltrown

Byrnes Green McDowell Simpson

Byrum Griffin Meadows Smith, Alma

Calley Hammel Meekhof Smith, Virgil

Casperson Hammon Meisner Spade

Caswell Hansen Melton Stahl

Caul Hildenbrand Meltzer Stakoe

Cheeks Hood Miller Steil

Clack Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Jackson Opsommer Warren

Cushingberry Johnson Palmer Wenke

Dean Jones, Rick Palsrok Wojno

DeRoche Jones, Robert Pavlov Young

Nays—0

In The Chair: Sak

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

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

A bill to amend 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 sections 3, 8d, 8e, 9, and 10 (MCL 125.2683, 125.2688d, 125.2688e, 125.2689, and 125.2690), section 3 as amended by 2006 PA 304, section 8d as amended by 2006 PA 93, section 8e as added by 2006 PA 270, and sections 9 and 10 as amended by 2007 PA 186.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

 Senate Bill No. 1115, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 431a.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

third Reading of Bills

 Senate Bill No. 1115, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 431a.

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

Roll call No. 214 Yeas—107

Accavitti Dillon Lahti Polidori

Acciavatti Donigan LaJoy Proos

Agema Ebli Law, David Robertson

Amos Elsenheimer Law, Kathleen Rocca

Angerer Emmons LeBlanc Sak

Bauer Espinoza Leland Schuitmaker

Bennett Farrah Lemmons Scott

Bieda Gaffney Lindberg Shaffer

Booher Gillard Marleau Sheen

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Steil

Cheeks 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 Pavlov Young

DeRoche Knollenberg Pearce

Nays—1

Garfield

In The Chair: Sak

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

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

The House agreed to the full title.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

 house Bill No. 5600, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 3, 4, 8a, 8d, 8e, and 10 (MCL 125.2683, 125.2684, 125.2688a, 125.2688d, 125.2688e, and 125.2690), section 3 as amended by 2006 PA 304, section 4 as amended by 2006 PA 440, section 8a as amended by 2006 PA 476, section 8d as amended by 2006 PA 93, section 8e as added by 2006 PA 270, and section 10 as amended by 2007 PA 186.

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 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 sections 4, 8a, and 12 (MCL 125.2684, 125.2688a, and 125.2692), section 4 as amended by 2006 PA 440, section 8a as amended by 2006 PA 476, and section 12 as amended by 2002 PA 745.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 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. 215 Yeas—108

Accavitti Dillon Knollenberg Pearce

Acciavatti Donigan Lahti Polidori

Agema Ebli LaJoy Proos

Amos Elsenheimer Law, David Robertson

Angerer Emmons Law, Kathleen Rocca

Bauer Espinoza LeBlanc Sak

Bennett Farrah Leland Schuitmaker

Bieda Gaffney Lemmons Scott

Booher Garfield Lindberg Shaffer

Brandenburg Gillard Marleau Sheen

Brown Gonzales Mayes Sheltrown

Byrnes Green McDowell Simpson

Byrum Griffin Meadows Smith, Alma

Calley Hammel Meekhof Smith, Virgil

Casperson Hammon Meisner Spade

Caswell Hansen Melton Stahl

Caul Hildenbrand Meltzer Stakoe

Cheeks Hood Miller Steil

Clack Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Jackson Opsommer Warren

Cushingberry Johnson Palmer Wenke

Dean Jones, Rick Palsrok Wojno

DeRoche Jones, Robert Pavlov Young

Nays—0

In The Chair: Sak

The House agreed to the title as amended.

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

 house Bill No. 5852, entitled

A bill to amend 1967 PA 150, entitled “Michigan military act,” (MCL 32.501 to 32.851) by adding section 337.

The Senate has amended the bill as follows:

1. Amend page 2, line 3, after “USC” by striking out “2557” and inserting “2257”.

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 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 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. 216 Yeas—107

Accavitti Dillon Lahti Polidori

Acciavatti Donigan LaJoy Proos

Agema Ebli Law, David Robertson

Amos Elsenheimer Law, Kathleen Rocca

Angerer Emmons LeBlanc Sak

Bauer Espinoza Leland Schuitmaker

Bennett Farrah Lemmons Scott

Bieda Gaffney Lindberg Shaffer

Booher Gillard Marleau Sheen

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Steil

Cheeks 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 Pavlov Young

DeRoche Knollenberg Pearce

Nays—1

Garfield

In The Chair: Sak

The House agreed to the full title.

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

 house Bill No. 5854, entitled

A bill to amend 1964 PA 286, entitled “An act to provide for the organization, powers, and duties of the state transportation commission and the state transportation department; to provide for the appointment, powers, and duties of the state transportation director; to abolish the office of state highway commissioner and the commissioner’s advisory board and to transfer their powers and duties; to provide for penalties and remedies; and to repeal certain acts and parts of acts,” (MCL 247.801 to 247.816) by adding section 6b.

The Senate has amended the bill as follows:

1. Amend page 2, line 5, after “USC” by striking out “2557” and inserting “2257”.

The Senate has passed the bill as amended and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 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. 217 Yeas—108

Accavitti Dillon Knollenberg Pearce

Acciavatti Donigan Lahti Polidori

Agema Ebli LaJoy Proos

Amos Elsenheimer Law, David Robertson

Angerer Emmons Law, Kathleen Rocca

Bauer Espinoza LeBlanc Sak

Bennett Farrah Leland Schuitmaker

Bieda Gaffney Lemmons Scott

Booher Garfield Lindberg Shaffer

Brandenburg Gillard Marleau Sheen

Brown Gonzales Mayes Sheltrown

Byrnes Green McDowell Simpson

Byrum Griffin Meadows Smith, Alma

Calley Hammel Meekhof Smith, Virgil

Casperson Hammon Meisner Spade

Caswell Hansen Melton Stahl

Caul Hildenbrand Meltzer Stakoe

Cheeks Hood Miller Steil

Clack Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Jackson Opsommer Warren

Cushingberry Johnson Palmer Wenke

Dean Jones, Rick Palsrok Wojno

DeRoche Jones, Robert Pavlov Young

Nays—0

In The Chair: Sak

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

 house Bill No. 5858, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 431c.

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 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 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. 218 Yeas—107

Accavitti Dillon Lahti Polidori

Acciavatti Donigan LaJoy Proos

Agema Ebli Law, David Robertson

Amos Elsenheimer Law, Kathleen Rocca

Angerer Emmons LeBlanc Sak

Bauer Espinoza Leland Schuitmaker

Bennett Farrah Lemmons Scott

Bieda Gaffney Lindberg Shaffer

Booher Gillard Marleau Sheen

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Steil

Cheeks 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 Pavlov Young

DeRoche Knollenberg Pearce

Nays—1

Garfield

In The Chair: Sak

The House agreed to the full title.

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

______

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

“Mr. Speaker and members of the House:

As I spoke to in committee and on the floor previously. A 5% tax cut for anchor companies is not enough of a significant tax cut. I previously asked for a 21.99% tax cut. Which is the amount of the tax surcharge recently enacted.”

 house Bill No. 5511, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437).

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 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 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. 219 Yeas—106

Accavitti Donigan Lahti Polidori

Acciavatti Ebli LaJoy Proos

Agema Elsenheimer Law, David Robertson

Amos Emmons Law, Kathleen Rocca

Angerer Espinoza LeBlanc Sak

Bauer Farrah Leland Schuitmaker

Bennett Gaffney Lemmons Scott

Bieda Garfield Lindberg Shaffer

Booher Gillard Marleau Sheen

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caul Hildenbrand Miller Stakoe

Cheeks Hood Moolenaar Steil

Clack Hoogendyk Moore Tobocman

Clemente Hopgood Moss Vagnozzi

Condino Horn Nitz Valentine

Constan Huizenga Nofs Walker

Corriveau Hune Opsommer Ward

Coulouris Jackson Palmer Warren

Cushingberry Johnson Palsrok Wenke

Dean Jones, Rick Pavlov Wojno

DeRoche Jones, Robert Pearce Young

Dillon Knollenberg

Nays—2

Caswell Meltzer

In The Chair: Sak

The House agreed to the full title.

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

Second Reading of Bills

 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.

The bill was read a second time.

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

third Reading of Bills

 Senate Bill No. 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.

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

Roll call No. 220 Yeas—104

Accavitti Donigan LaJoy Polidori

Acciavatti Ebli Law, David Proos

Agema Elsenheimer Law, Kathleen Robertson

Amos Emmons LeBlanc Rocca

Angerer Espinoza Leland Sak

Bauer Farrah Lemmons Schuitmaker

Bennett Gaffney Lindberg Scott

Bieda Gonzales Marleau Shaffer

Booher Green Mayes Sheen

Brandenburg Griffin McDowell Sheltrown

Brown Hammel Meadows Simpson

Byrnes Hammon Meekhof Smith, Alma

Byrum Hansen Meisner Smith, Virgil

Casperson Hildenbrand Melton Spade

Caswell Hood Meltzer Stahl

Caul Hoogendyk Miller Stakoe

Cheeks Hopgood Moolenaar Steil

Clack Horn Moore Tobocman

Clemente Huizenga Moss Vagnozzi

Condino Hune Nitz Valentine

Constan Jackson Nofs Walker

Corriveau Johnson Opsommer Ward

Coulouris Jones, Rick Palmer Warren

Cushingberry Jones, Robert Palsrok Wenke

Dean Knollenberg Pavlov Wojno

Dillon Lahti Pearce Young

Nays—3

Calley DeRoche Garfield

In The Chair: Sak

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

“An act to 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. Angerer 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. 5810, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2009; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

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. Gillard 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.

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Rep. Meekhof moved that Reps. Meltzer and Wenke be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

third Reading of Bills

 house Bill No. 5810, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2009; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

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

Roll call No. 221 Yeas—65

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Rocca

Bauer Dillon Lahti Sak

Bennett Donigan Law, Kathleen Scott

Bieda Ebli LeBlanc Sheltrown

Brown Espinoza Leland Simpson

Byrnes Farrah Lemmons Smith, Alma

Byrum Gaffney Lindberg Smith, Virgil

Casperson Gillard Mayes Spade

Caswell Gonzales McDowell Tobocman

Cheeks Griffin Meadows Vagnozzi

Clack Hammel Meisner Valentine

Clemente Hammon Melton Walker

Condino Hood Miller Warren

Constan Hopgood Moore Wojno

Corriveau Jackson Nofs Young

Coulouris

Nays—41

Acciavatti Green Law, David Pearce

Agema Hansen Marleau Proos

Amos Hildenbrand Meekhof Robertson

Booher Hoogendyk Moolenaar Schuitmaker

Brandenburg Horn Moss Shaffer

Calley Huizenga Nitz Sheen

Caul Hune Opsommer Stahl

DeRoche Jones, Rick Palmer Stakoe

Elsenheimer Knollenberg Palsrok Steil

Emmons LaJoy Pavlov Ward

Garfield

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.

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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:

While I support many programs in this budget, as a whole it has severe problems that need correcting. I cannot ignore the lack of reforms and new structural deficits this bill creates.

The FY 2008-2009 budget is dependent on the $1.4 billion tax hike as well as several one-time funding gimmicks which I did not support. If we allow spending to go unchecked, we will have to raise taxes again in the near future.

The director of the non-partisan House Fiscal Agency has said we cannot afford the governor’s proposed level of spending. The House budget is even higher than what the governor proposed. I refuse to support spending we cannot afford, especially since doing so will set the stage for another tax hike.

Not enough was done last year to cut waste and reform government, and as a result taxes went up. If we want to fix our economy, we need to get our spending problem under control. This budget does not do that.

For these reasons, I cannot support this bill at this time.”

Second Reading of Bills

 house Bill No. 5811, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2009; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

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. Acciavatti moved to amend the bill as follows:

1. Amend page 29, following line 10, by inserting:

“Sec. 242. From the funds appropriated in part 1, the department shall develop, post, and maintain, on a publicly accessible Internet site, all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made.”.

The question being on the adoption of the amendment offered by Rep. Acciavatti,

Rep. Acciavatti demanded the yeas and nays.

The demand was supported.