No. 42

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Tuesday, May 6, 2008.

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—excused 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—excused Lemmons—present Schuitmaker—present

Bennett—present Gaffney—present Lindberg—present Scott—present

Bieda—present Garfield—excused 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—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—present Wojno—present

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

DeRoche—present Knollenberg—present

e/d/s = entered during session

Rep. Matt Gillard, from the 106th District, offered the following invocation:

“Before we call to order this session of the Michigan House of Representatives, let us take a moment to thank God for the arrival of another glorious spring in our state. As we all know, spring is a time of rebirth and renewal. Michigan is facing difficult times, but let us all be dedicated in our hearts and minds to rebuilding our state and doing the best job we can for our families. Spring is also a time for our personal renewal. Let us give of ourselves in ways that make a difference, to our families, to our nation, and to our great state of Michigan. Let us maintain our focus with a sense of determination and fuel our work with vigor and stamina. Spring is also a time of reflection. Another long Michigan winter has passed, and with it, many battles here at the capitol. Let us pledge to learn from the mistakes we made and use those lessons for the betterment of our state. We ask God for assistance in all of these tasks. Finally I give thanks to God for bringing such a fine group of dedicated, sweet and enthusiastic representatives together to do the work of our state. I am proud to be among you. For all this we give our thanks, Amen.”

______

Rep. Palsrok moved that Rep. Garfield be excused from today’s session.

The motion prevailed.

Rep. Tobocman moved that Reps. Dillon and Farrah be excused from today’s session.

The motion prevailed.

Rep. Tobocman moved that Reps. Gillard and Cheeks be excused temporarily from today’s session.

The motion prevailed.

Rep. Hildenbrand moved that Rep. Sheen be excused temporarily from today’s session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5798, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.10cc) by adding section 6r.

(The bill was received from the Senate on April 30, with an amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 1, see House Journal No. 40, p. 934.)

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. 369 Yeas—104

Accavitti DeRoche LaJoy Pearce

Acciavatti Donigan Law, David Polidori

Agema Ebli Law, Kathleen Proos

Amos Elsenheimer LeBlanc Robertson

Angerer Emmons Leland Rocca

Ball Espinoza Lemmons Sak

Bauer Gaffney Lindberg Schuitmaker

Bennett Gonzales Marleau Scott

Bieda Green Mayes Shaffer

Booher Griffin McDowell Sheltrown

Brandenburg Hammel Meadows Simpson

Brown Hammon Meekhof Smith, Alma

Byrnes Hansen Meisner Smith, Virgil

Byrum Hildenbrand Melton Spade

Calley Hood Meltzer Stahl

Casperson Hoogendyk Miller Stakoe

Caswell Hopgood Moolenaar Steil

Caul Horn Moore Tobocman

Clack Huizenga Moss Vagnozzi

Clemente Hune Nitz Valentine

Condino Jackson Nofs Walker

Constan Johnson Opsommer Ward

Corriveau Jones, Rick Palmer Warren

Coulouris Jones, Robert Palsrok Wenke

Cushingberry Knollenberg Pastor Wojno

Dean Lahti Pavlov Young

Nays—0

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. 5969, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 5b, 8, and 9 (MCL 28.422, 28.425b, 28.428, and 28.429), section 2 as amended by 2004 PA 101, section 5b as amended by 2006 PA 350, section 8 as amended by 2000 PA 381, and section 9 as amended by 2004 PA 100.

The bill was read a second time.

Rep. Mayes moved to substitute (H-2) the bill.

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

Rep. Mayes 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. 5969, entitled

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

Roll Call No. 370 Yeas—102

Accavitti Dean Lahti Pastor

Acciavatti DeRoche LaJoy Pavlov

Agema Donigan Law, David Pearce

Amos Ebli Law, Kathleen Polidori

Angerer Elsenheimer LeBlanc Proos

Ball Emmons Leland Robertson

Bauer Espinoza Lemmons Rocca

Bennett Gaffney Lindberg Sak

Bieda Gonzales Marleau Schuitmaker

Booher Green Mayes Scott

Brandenburg Griffin McDowell Shaffer

Brown Hammel Meadows Sheen

Byrnes Hammon Meekhof Sheltrown

Byrum Hansen Meisner Simpson

Calley Hildenbrand Melton Smith, Alma

Casperson Hood Meltzer Smith, Virgil

Caswell Hoogendyk Miller Spade

Caul Hopgood Moolenaar Stahl

Cheeks Horn Moore Stakoe

Clack Huizenga Moss Steil

Clemente Hune Nitz Valentine

Condino Jackson Nofs Walker

Constan Johnson Opsommer Ward

Corriveau Jones, Rick Palmer Wenke

Coulouris Jones, Robert Palsrok Wojno

Cushingberry Knollenberg

Nays—4

Tobocman Vagnozzi Warren Young

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 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 5b, 5l, 5o, 8, and 9 (MCL 28.422, 28.425b, 28.425l, 28.425o, 28.428, and 28.429), section 2 as amended by 2004 PA 101, section 5b as amended by 2006 PA 350, section 5l as amended by 2006 PA 456, section 5o as amended by 2002 PA 719, section 8 as amended by 2000 PA 381, and section 9 as amended by 2004 PA 100.

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. 5965, entitled

A bill to amend 1950 (Ex Sess) PA 21, entitled “An act to create the Mackinac bridge authority, and to prescribe its powers and duties; to provide for the determination of the physical and financial feasibility of a bridge connecting the upper and lower peninsulas of Michigan; to provide for a board of consulting engineers, and to prescribe its powers and duties; and to make an appropriation to carry out the provisions of this act,” (MCL 254.301 to 254.302) by amending the title and by adding section 1a.

The bill was read a second time.

Rep. McDowell 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. 5965, entitled

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

Roll Call No. 371 Yeas—105

Accavitti DeRoche Law, David Polidori

Acciavatti Donigan Law, Kathleen Proos

Agema Ebli LeBlanc Robertson

Amos Elsenheimer Leland Rocca

Angerer Emmons Lemmons Sak

Ball Espinoza Lindberg Schuitmaker

Bauer Gaffney Marleau Scott

Bennett Gonzales Mayes Shaffer

Bieda Green McDowell Sheen

Booher Griffin Meadows Sheltrown

Brandenburg Hammel Meekhof Simpson

Brown Hammon Meisner Smith, Alma

Byrnes Hansen Melton Smith, Virgil

Byrum Hildenbrand Meltzer Spade

Calley Hood Miller Stahl

Casperson Hoogendyk Moolenaar Stakoe

Caswell Hopgood Moore Steil

Caul Horn Moss Tobocman

Cheeks Huizenga Nitz Vagnozzi

Clack Jackson Nofs Valentine

Clemente Johnson Opsommer Walker

Condino Jones, Rick Palmer Ward

Constan Jones, Robert Palsrok Warren

Corriveau Knollenberg Pastor Wenke

Coulouris Lahti Pavlov Wojno

Cushingberry LaJoy Pearce Young

Dean

Nays—1

Hune

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. 5829, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2006 PA 167.

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. Johnson moved to amend the bill as follows:

1. Amend page 11, following line 25, by inserting:

“(c) House Bill No. 6015.”.

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

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

The motion prevailed.

House Bill No. 5830, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7401 and 7403 (MCL 333.7401 and 333.7403), as amended by 2002 PA 710; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Rick Jones moved to amend the bill as follows:

1. Amend page 7, line 1, by striking out all of subdivisions (a) and (b) and inserting:

“(a) House Bill No. 5829.

(b) House Bill No. 5831.

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

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

The motion prevailed.

House Bill No. 5831, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2 of chapter XI (MCL 771.2), as amended by 2002 PA 666.

The bill was read a second time.

Rep. Meadows moved to amend the bill as follows:

1. Amend page 2, line 25, by striking out all of subdivisions (a) and (b) and inserting:

“(a) House Bill No. 5829.

(b) House Bill No. 5830.

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

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

The motion prevailed.

House Bill No. 6015, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 10, 11, and 12 of chapter IX (MCL 769.10, 769.11, and 769.12), as amended by 2006 PA 655.

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. Sak moved to amend the bill as follows:

1. Amend page 6, following line 6, by inserting:

“Enacting section 2. This amendatory act does not take effect unless House Bill No. 4044 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. Stakoe moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Agema moved that the Committee on Oversight and Investigations be discharged from further consideration of House Bill No. 4241.

(For first notice see House Journal No. 41, p. 965.)

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

Rep. Agema demanded the yeas and nays.

The demand was supported.

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

Rep. Tobocman moved that consideration of the motion be postponed for the day.

The motion prevailed.

Reps. Stahl, Shaffer, Nofs, Wenke, Robertson, Casperson, Agema, Emmons, Rick Jones, Meekhof, Hoogendyk, Palmer, Horn, Pastor, Calley, Stakoe, Sheen, Opsommer, Hansen, Moolenaar, Knollenberg, Elsenheimer, Acciavatti, Pavlov, Garfield, Nitz, Walker, DeRoche, LaJoy, Ball, Condino, Huizenga, Lemmons and Meltzer offered the following resolution:

House Resolution No. 344.

A resolution to memorialize the Congress of the United States to permit drilling for oil and gas resources in the Arctic National Wildlife Refuge.

Whereas, Congress enacted the Alaska National Interests Lands Conservation Act in 1980, which established the Arctic National Wildlife Refuge (ANWR) consisting of 19 million acres in northeast Alaska. Although drilling has never been allowed in the refuge, ANWR’s 1.5 million acre coastal plain, known as the ANWR 1002 area, is currently viewed as one of the most likely United States onshore oil and gas prospects; and

Whereas, In 2001, the United States Geological Survey estimated that the total quantity of technically recoverable oil within the ANWR 1002 area is between 5.7 and 16.0 billion barrels of crude oil. Additionally, projections indicate that roughly one-third more oil may be found under adjacent state and native lands. These data underestimate the total hydrocarbons that could be produced since the projections do not include the natural gas or natural gas liquids that may be produced if drilling in the ANWR 1002 area is permitted; and

Whereas, While ANWR remains untapped, the nation’s need for hydrocarbons has risen dramatically. The competition between the United States’ growing energy need and that of the rest of the world has driven the price of oil to record levels. These skyrocketing prices affect not only the industrial and commercial sectors of society, but ordinary citizens as well. The average retail price in the Midwest for a gallon of regular gasoline is up nearly 60 cents from this time last year.

Whereas, Federal law prohibits oil and gas development or leasing or other development leading to oil and gas production in the entire expanse of ANWR unless it is authorized by an act of Congress. The ever growing world petroleum demand makes this the right time for Congress to act to open ANWR to drilling; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to permit drilling for oil and gas resources in the Arctic National Wildlife Refuge; and be it further

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

The resolution was referred to the Committee on Great Lakes and Environment.

Reps. Young, Johnson, Jackson, Vagnozzi, Robert Jones, Stahl, Cushingberry, Leland, Hood, Virgil Smith, Condino, Gonzales, Hammel, Lahti, Kathleen Law, Lemmons, Polidori, Sak, Tobocman, Clack and Hopgood offered the following resolution:

House Resolution No. 345.

A resolution to urge the United States Postal Service to reverse its decision to relocate certain mail processing services out of Detroit.

Whereas, The United States Postal Service (USPS) has announced plans to move the Detroit mail cancellation activity to a new USPS center in Pontiac, Michigan. The new Pontiac processing center was built at an estimated cost of between $150 million and $225 million. It has been estimated that processing Detroit mail in Pontiac will save approximately $4.3 million annually. However, at the predicted rate of savings, it would take about 50 years to recover the cost of the new Pontiac facility; and

Whereas, All Detroit first class mail will be transported daily by private contractors 64 miles away to the Pontiac facility. There it will be cancelled and shipped back to the Detroit facility for distribution to local Detroit post offices. Furthermore, the Pontiac facility is located farther from Detroit Metropolitan Airport, where mail is regularly transported to be shipped by air. Ironically, the new money-saving process will result in a deterioration of efficient service; and

Whereas, the Detroit facility, the George Washington Young Post Office, handles a million pieces of mail per day and has earned a national postal efficiency award in each of the last eleven years; and

Whereas, The removal of jobs and mail processing from the city of Detroit is a serious blow to its economy and civic pride. First-class mail sent from the city of Detroit may soon bear a Pontiac postmark, affecting the sense of identity and location that is part of Detroit; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States Postal Service to reverse its decision to relocate certain mail processing services out of Detroit; and be it further

Resolved, That copies of this resolution be transmitted to the United States Postal Service.

The resolution was referred to the Committee on Government Operations.

Reps. Lindberg, Lahti, Casperson, Constan, Lemmons, McDowell, Gillard, Polidori, Ball, Brown, Condino, Dean, Gonzales, Hammel, Hammon, Hansen, Johnson, Robert Jones, Kathleen Law, Mayes, Meadows, Miller, Sak, Sheltrown, Spade, Vagnozzi, Clack, Cushingberry and Hopgood offered the following resolution:

House Resolution No. 346.

A resolution to memorialize the Congress of the United States to appropriate funds to restore the breakwall at the Grand Marais Harbor.

Whereas, For hundreds of years, Grand Marais Harbor has provided refuge to ships and boats from sudden and violent storms along Lake Superior’s southern coast. Adjacent to Pictured Rocks National Lakeshore, it is the only Harbor of Refuge available to vessels along a notoriously dangerous 90 mile stretch of coastline that has claimed numerous ships in the past; and

Whereas, Historically, the harbor was protected by a breakwall. First constructed in 1894 by the U.S. Army Corps of Engineers, the breakwall blocked sand from filling in the harbor and protected it from damaging waves. Abandoned by the Army Corps in 1943, the breakwall suffered severe damage and was lost along with the protection it provided the harbor and boaters; and

Whereas, It is imperative to build a new breakwall for Grand Marais Harbor to preserve the harbor for boaters, wildlife, and the community. Damaging waves now enter the harbor, and sand is filling it in, making it less and less accessible to boaters and increasing the risk of tragedy on this beautiful but dangerous stretch of coastline. In addition, habitat that supports sportfish and federally endangered species like the piping plover is being lost at a rapid pace; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to appropriate funds to restore the breakwall at the Grand Marais Harbor; and be it further

The resolution was referred to the Committee on Great Lakes and Environment.

Reps. Sak, Accavitti, Ball, Bieda, Brandenburg, Brown, Casperson, Cheeks, Condino, Constan, Dean, Emmons, Gillard, Gonzales, Green, Hammel, Hammon, Hansen, Huizenga, Johnson, Rick Jones, Robert Jones, Lahti, Kathleen Law, LeBlanc, Lemmons, Mayes, McDowell, Meadows, Meltzer, Miller, Palmer, Palsrok, Pearce, Shaffer, Sheltrown, Simpson, Spade, Stahl, Stakoe, Steil, Tobocman, Vagnozzi, Valentine, Bauer, Clack, Cushingberry, Hopgood, Knollenberg, Proos and Angerer offered the following resolution:

House Resolution No. 347.

A resolution recognizing May 5-9, 2008, as Teacher Appreciation Week in the state of Michigan.

Whereas, A strong, effective system of free public school education for all children and youth is essential to our democratic system of government; and

Whereas, The state of Michigan has made considerable progress in the social, technological and scientific fields due to our system of free and universal public education; and

Whereas, Much of this progress can be attributed to the qualified and dedicated teachers entrusted with the educational development of our children; and

Whereas, Teachers should be accorded high esteem, reflecting the value our community places on public education; and

Whereas, The importance and impact of teachers on children is known nationwide; and

Whereas, It is appropriate that teachers be recognized for their dedication and commitment to educating their students; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize May 5-9, 2008, as Teacher Appreciation Week in the state of Michigan.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Melton, Sak, Accavitti, Ball, Bieda, Brandenburg, Brown, Casperson, Cheeks, Condino, Constan, Dean, Emmons, Gillard, Gonzales, Green, Hammel, Hammon, Hansen, Huizenga, Johnson, Rick Jones, Robert Jones, Lahti, Kathleen Law, LeBlanc, Lemmons, Mayes, McDowell, Meadows, Miller, Palmer, Palsrok, Pearce, Shaffer, Sheltrown, Simpson, Spade, Stahl, Steil, Tobocman, Vagnozzi, Valentine, Bauer, Clack, Cushingberry, Hopgood, Knollenberg, Proos and Angerer offered the following resolution:

House Resolution No. 348.

A resolution recognizing May 6, 2008, as Teacher Appreciation Day in the state of Michigan.

Whereas, A strong, effective system of free public school education for all children and youth is essential to our democratic system of government; and

Whereas, The state of Michigan has made considerable progress in the social, technological and scientific fields due to our system of free and universal public education; and

Whereas, Much of this progress can be attributed to the qualified and dedicated teachers entrusted with the educational development of our children; and

Whereas, Teachers should be accorded high esteem, reflecting the value our community places on public education; and

Whereas, The importance and impact of teachers on children is known nationwide; and

Whereas, It is appropriate that teachers be recognized for their dedication and commitment to educating their students; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body hereby recognize May 6, 2008, as Teacher Appreciation Day in the state of Michigan.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Sak, Accavitti, Ball, Bieda, Brandenburg, Brown, Casperson, Cheeks, Condino, Constan, Dean, Gillard, Gonzales, Green, Hammel, Hammon, Huizenga, Johnson, Robert Jones, Lahti, Kathleen Law, LeBlanc, Lemmons, Mayes, McDowell, Meadows, Miller, Palsrok, Pearce, Polidori, Shaffer, Sheltrown, Simpson, Spade, Stahl, Stakoe, Steil, Tobocman, Vagnozzi, Valentine, Clack, Cushingberry, Hopgood, Proos and Angerer offered the following resolution:

House Resolution No. 349.

A resolution recognizing the 60th anniversary of the Epilepsy Foundation of Michigan.

Whereas, The Epilepsy Foundation of Michigan values all people with epilepsy. It commits its resources to empowering independence and inspiring productive lives. The Epilepsy Foundation of Michigan offers its services to every individual without regard to artificial barriers; and

Whereas, Established in 1948, the Epilepsy Foundation of Michigan is the only statewide non-profit organization focusing on epilepsy. The Foundation provides a number of programs and services, including the following: public and professional education and awareness programs, such as Seizure First Aid and disability awareness training; education and support programs for people with epilepsy and their families, including Living Well with Epilepsy educational workshops, Camp Discovery, and Adult & Family Retreats; advocacy programs; Epilepsy Today Conferences; and education and consultation services, including toll-free phone services, video library, and literature. The Epilepsy Foundation of Michigan has offices in Southfield and Grand Rapids; and

Whereas, The Epilepsy Foundation of Michigan is trying to close the treatment gap between what is being done for people with epilepsy and what should be done. It strives to improve how people with epilepsy are perceived, accepted, and valued in society. Lastly, its most important goal is to empower people with epilepsy and their families to have access to full life experiences; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the Epilepsy Foundation of Michigan as it celebrates its 60th anniversary.

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.

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 Friday, May 2:

House Bill Nos. 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043

The Clerk announced that the following Senate bills had been received on Tuesday, May 6:

Senate Bill Nos. 382 383 943 1085 1122

Reports of Standing Committees

The Committee on Commerce, by Rep. Meisner, Chair, reported

House Bill No. 4146, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 134; and to repeal acts and parts of acts.

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. Meisner, Robert Jones, Accavitti, Byrum, Coulouris, Dean, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Stakoe, Rick Jones, Knollenberg and Meltzer

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 6, 2008

Present: Reps. Meisner, Robert Jones, Accavitti, Byrum, Coulouris, Dean, Griffin, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer

Absent: Reps. Clemente and Johnson

Excused: Reps. Clemente and Johnson

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported

Senate Bill No. 531, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 40111c.

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. Sheltrown, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson and Walker

Nays: None

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported

Senate Bill No. 1234, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 80108a.

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. Sheltrown, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson, Walker and Horn

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:

Meeting held on: Tuesday, May 6, 2008

Present: Reps. Sheltrown, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson, Walker, Stakoe and Horn

Absent: Rep. Ebli

Excused: Rep. Ebli

The Committee on Education, by Rep. Melton, Chair, reported

House Bill No. 5639, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 623a, 1267, and 1274 (MCL 380.623a, 380.1267, and 380.1274), section 623a as amended by 2007 PA 45, section 1267 as amended by 2004 PA 232, and section 1274 as amended by 2004 PA 588.

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. Melton, Valentine, Brown, Byrum, Clack, Corriveau, Dean, Hopgood, Lindberg, Meisner, Miller, Polidori, Moolenaar, Emmons, Pearce and Schuitmaker

Nays: Reps. Hoogendyk, Knollenberg and Pavlov

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 6, 2008

Present: Reps. Melton, Valentine, Angerer, Brown, Byrum, Clack, Corriveau, Dean, Hopgood, Lindberg, Meisner, Miller, Polidori, Scott, Moolenaar, Emmons, Hoogendyk, Pearce, Schuitmaker, Knollenberg, Opsommer and Pavlov

Absent: Rep. Steil

Excused: Rep. Steil

The Committee on Ethics and Elections, by Rep. Corriveau, Chair, reported

House Bill No. 5792, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 496a.

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. Corriveau, Clemente, Bieda, Donigan, Hammon, Warren, Pearce and Wenke

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Corriveau, Chair, of the Committee on Ethics and Elections, was received and read:

Meeting held on: Tuesday, May 6, 2008

Present: Reps. Corriveau, Clemente, Bieda, Donigan, Hammon, Warren, Pearce and Wenke

Absent: Rep. Ward

Excused: Rep. Ward

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 6, 2008

Present: Reps. Miller, Meadows, Bieda, Constan, Hopgood, Lindberg, Wenke, LaJoy and Rick Jones

Absent: Reps. Farrah and Steil

Excused: Reps. Farrah and Steil

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Robert Jones, Chair, of the Committee on Senior Health, Security, and Retirement, was received and read:

Meeting held on: Tuesday, May 6, 2008

Present: Reps. Robert Jones, Constan, Hopgood, Lemmons, Warren, Ball, Green, Sheen and Stahl

Messages from the Senate

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.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

Senate Bill No. 511, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies, capital outlay, the legislative branch, and the judicial branch for the fiscal year ending September 30, 2008; and to provide for the expenditure of the appropriations.

The Senate has amended the House substitute (H-9) to the Senate substitute (S-2) to the House substitute (H-3) as follows:

1. Amend page 2, line 4, by striking out all of line 4 through line 21 on page 25 and inserting:

“CAPITAL OUTLAY

APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 280,090,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers................................................... 2,000,000

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 278,090,000

Federal revenues:

Total federal revenues................................................................................................................... 193,392,000

Special revenue funds:

Total local revenues...................................................................................................................... 15,209,400

Total private revenues................................................................................................................... 723,900

Total other state restricted revenues............................................................................................. 68,764,600

State general fund/general purpose.............................................................................................. $ 100

Sec. 102. DEPARTMENT OF AGRICULTURE

Farmland and open space development acquisition..................................................................... $ 3,750,000

GROSS APPROPRIATION.......................................................................................................... $ 3,750,000

Appropriated from:

Federal revenues:

DAG, multiple grants................................................................................................................... 1,250,000

Special revenue funds:

Agriculture preservation fund....................................................................................................... 2,500,000

State general fund/general purpose.............................................................................................. $ 0

Sec. 103. DEPARTMENT OF MANAGEMENT AND BUDGET

Lump-sum projects:

Special maintenance, remodeling and additions:

For state agencies special maintenance projects estimated to cost more than $100,000 but less

than $1,000,000........................................................................................................................ $ 2,000,000

GROSS APPROPRIATION.......................................................................................................... $ 2,000,000

Appropriated from:

Interdepartmental grant revenues:

IDG from building occupancy charges......................................................................................... 2,000,000

State general fund/general purpose.............................................................................................. $ 0

Sec. 104. DEPARTMENT OF MILITARY AFFAIRS

Lump-sum projects:

For department of military affairs remodeling and additions and special maintenance projects.... $ 15,000,000

Camp Grayling, infantry platoon battle course/live fire range, for design and construction

(total authorized cost $3,500,000; federal share $3,500,000).................................................. 3,500,000

Camp Grayling, multiple company headquarters buildings, phases I and II, for design and

construction (total authorized cost is increased from $37,000,000 to $45,000,000; federal

share is increased from $37,000,000 to $45,000,000).............................................................. 8,000,000

GROSS APPROPRIATION.......................................................................................................... $ 26,500,000

Appropriated from:

Federal revenues:

DOD, department of the army, national guard bureau................................................................. 26,500,000

State general fund/general purpose.............................................................................................. $ 0

Sec. 105. DEPARTMENT OF NATURAL RESOURCES

(1) STATE PARK AND FOREST AREA IMPROVEMENTS

State parks repair and maintenance.............................................................................................. $ 2,000,000

Forest roads, bridges, and facilities.............................................................................................. 500,000

GROSS APPROPRIATION.......................................................................................................... $ 2,500,000

Appropriated from:

Special revenue funds:

Forest development fund.............................................................................................................. 400,000

Forest recreation fund................................................................................................................... 100,000

State park improvement fund....................................................................................................... 2,000,000

State general fund/general purpose.............................................................................................. $ 0

(2) WATERWAYS BOATING PROGRAM

Infrastructure improvements - state projects................................................................................ 2,287,000

Infrastructure improvements - local projects................................................................................ 2,115,000

Land acquisition........................................................................................................................... 500,000

Boating program, state boating access projects:

Boating program, local boating access projects:

Otsego Lake, Otsego County, dock and launch replacement (total authorized cost $193,100;

state share $144,000; local share $49,100)....................................................................... 144,000

Walloon Lake, Charlevoix County, new site construction (total authorized cost $510,000;

state share $510,000)........................................................................................................ 510,000

Boating program, harbors and docks, state facilities:

Mackinaw City, Cheboygan County, new marina, state dock, phase IV (total authorized cost

is increased from $10,775,000 to $11,775,000; state share is increased from

$10,775,000 to $11,775,000)............................................................................................ 1,000,000

Cheboygan, Cheboygan County, lock and dam repairs and improvements (total authorized

cost is increased from $2,610,200 to $4,289,600; federal share is increased from

$1,957,600 to $3,262,000; and state share is increased from $652,600 to $1,027,600)... 1,679,400

Bay Port dredging project (total project cost $1,000,000; state share $1,000,000)............. 1,000,000

Mackinac Island - mooring expansion (total cost $5,660,800; federal share $1,893,500;

state share $3,767,300)..................................................................................................... 1,976,000

Boating program, harbors and docks, local facilities:

Grand Haven, Ottawa County, dock replacement and marina improvements, phase II (total

authorized cost is increased from $1,000,000 to $2,010,000; state share is increased

from $500,000 to $1,005,000; and local share is increased from $500,000 to

$1,005,000)....................................................................................................................... 505,000

Petoskey, Emmet County, marina dock and harbormaster building expansion (total

authorized cost $1,725,800; state share $861,000; local share $864,800)....................... 861,000

GROSS APPROPRIATION.......................................................................................................... $ 12,577,400

Appropriated from:

Federal revenues:

DHS, U.S. coast guard................................................................................................................. 1,470,000

DOI, federal.................................................................................................................................. 1,304,400

Special revenue funds:

Michigan state waterways fund.................................................................................................... 9,803,000

State general fund/general purpose.............................................................................................. $ 0

(3) MICHIGAN NATURAL RESOURCES TRUST FUND

Natural resources trust fund projects............................................................................................ $ 35,266,200

Gerrish township community park, phase II, Roscommon County (grant-in-aid to Gerrish

Township (#07-002)

North Maumee Bay coastal wetland acquisition, Monroe County (#07-133)

Chippewa landing acquisition, Wexford County (#07-121)

Betsie River consolidation, Benzie and Grand Traverse counties (#07-120)

Glacial hills pathway and natural area, Antrim County (grant-in-aid to Antrim County)

(#07-163)

Jaxon Creek corridor acquisition, Grand Traverse County (#07-168)

Mitchell Creek nature area acquisition, Mecosta County (grant-in-aid to city of Big Rapids)

(#07-046)

Southwest Lower Peninsula eco-region land consolidation, various counties (#07-135)

Cedar Run Creek natural area addition, Grand Traverse County (grant-in-aid to Long Lake

Township) (#07-162)

Northern Lower Peninsula eco-region consolidation, various counties (#07-119)

Addison Oaks property acquisition, Oakland County (grant-in-aid to Oakland County)

(#07-031)

Upper Peninsula eco-region land consolidation, various counties (#07-123)

State trailways initiative - corridor and acquisition, various counties statewide (#07-122)

Wisconsin electric energies land acquisition, Baraga and Iron counties (#07-167)

Man-made lake acquisition, Manistee County (grant-in-aid to city of Manistee) (#07-040)

Southeast Michigan eco-region land consolidation, various counties (#07-117)

DeYoung natural area acquisition, Leelanau County (grant-in-aid to Elmwood Township)

(#07-039)

Indian springs metropark land acquisition, Oakland County (grant-in-aid to Huron-Clinton

Metropolitan Authority) (#07-028)

Olive shores acquisition, Ottawa County (grant-in-aid to Ottawa County) (#07-090)

Camp Woodsong fee simple acquisition, St. Clair County (grant-in-aid to St. Clair County)

(#07-171)

Novi core habitat reserve property acquisition, Oakland County (grant-in-aid to city of Novi)

(#07-017)

Sterling state park acquisition, Monroe County (#07-131)

Au Train basin waterfowl refuge project, phase I, Alger County (#07-134)

Hunters point park acquisition, phase I, Keweenaw County (grant-in-aid to Grant Township)

(#07-099)

DeTour Village waterfront property acquisition, Chippewa County (grant-in-aid to village

of DeTour) (#07-164)

Ashmun Bay park trail parcel acquisition, Chippewa County (grant-in-aid to city of

Sault Ste. Marie) (#07-105)

General Squier memorial park addition, Lapeer County (grant-in-aid to Lapeer County)

(#07-038)

Allendale community park addition, Ottawa County (grant-in-aid to Allendale Township)

(#07-041)

Weesaw Township park acquisition, Berrien County (grant-in-aid to Weesaw Township)

(#07-082)

Ashmun Bay park entrance parcel acquisition, Chippewa County (grant-in-aid to city of

Sault Ste. Marie) (#07-174)

Lake Michigan nature preserve acquisition, phase I, Allegan County (grant-in-aid to

Casco Township) (#07-170)

Riverwalk development - river street park, Mecosta County (grant-in-aid to city of Big Rapids)

(#07-097)

Grass River center, Antrim County (grant-in-aid to Antrim County) (#07-113)

Shingle Lake park improvement, Clare County (grant-in-aid to Lincoln Township) (#07-035)

Addison Oaks trail connector, Oakland County (grant-in-aid to Oakland County) (#07-030)

White Lake pathway south end completion, Muskegon County (grant-in-aid to city of

Whitehall) (#07-037)

Tate park pathway and fishing docks, Lenawee County (grant-in-aid to village of Clinton)

(#07-018)

Marsh view park development, Oakland County (grant-in-aid to Oakland Township)

(#07-057)

Motz county park development, Clinton County (grant-in-aid to Clinton County) (#07-011)

Ecorse Creek greenway and park development, Wayne County (grant-in-aid to city of Ecorse)

(#07-106)

Grandville and Kent trails pathway connection, Kent County (grant-in-aid to city of

Grandville) (#07-100)

Greilickville harbor park improvements, Leelanau County (grant-in-aid to Elmwood

Township) (#07-095)

White park improvements, Ingham County (grant-in-aid to city of East Lansing) (#07-087)

Smith-Ryerson park improvements, Muskegon County (grant-in-aid to city of Muskegon)

(#07-060)

Lakeview park improvement project, Roscommon County (grant-in-aid to Roscommon

Township) (#07-049)

Whiting park universal access improvements, Charlevoix County (grant-in-aid to Charlevoix

County) (#07-112)

Mt. Baldhead park stairway renovation, Allegan County (grant-in-aid to city of Saugatuck)

(#07-036)

Krampe park accessible fishing pier, Montcalm County (grant-in-aid to Montcalm County)

(#07-015)

Ralph A. MacMullan center improvements, Crawford County (#07-118)

Lake Idlewild park development, Lake County (#07-130)

Starlite beach promenade facilities project, Alpena County (grant-in-aid to city of Alpena)

(#07-023)

Pere Marquette rail trail extension, Clare County (grant-in-aid to city of Clare) (#07-096)

Fox Lake park improvements, Muskegon County (grant-in-aid to village of Lakewood Club)

(#07-073)

Rieger park swimming and beach project, Calhoun County (grant-in-aid to city of Albion)

(#07-004)

Russell Miller “wild 100” nature center development, Jackson County (grant-in-aid to

Leslie schools) (#07-085)

Butzel playfield renovation, Wayne County (grant-in-aid to city of Detroit) (#07-055)

Veterans memorial park improvements, Osceola County (grant-in-aid to village of Marion)

(#07-102)

Proud Lake electrical system upgrades, Oakland County (#07-129)

Andersen park development, Saginaw County (grant-in-aid to city of Saginaw) (#07-072)

Skidway Lake boardwalk development, Ogemaw County (grant-in-aid to Mills Township)

(#07-051)

Robbins park improvement project, Berrien County (grant-in-aid to Benton Township)

(#07-007)

Lower Rouge River trail bridges, Wayne County (grant-in-aid to Canton Township) (#07-064)

Building demolition initiative, various counties (#07-116)

Clinton River hike bike trail development, Macomb County (grant-in-aid to city of Utica)

(#07-054)

Marshbank park improvement project, Oakland County (grant-in-aid to West Bloomfield

Township) (#07-013)

GROSS APPROPRIATION.......................................................................................................... $ 35,266,200

Appropriated from:

Special revenue funds:

Private foundation revenues.......................................................................................................... 723,900

Michigan natural resources trust fund.......................................................................................... 34,542,300

State general fund/general purpose.............................................................................................. $ 0

Sec. 106. DEPARTMENT OF TRANSPORTATION

(1) BUILDINGS AND FACILITIES

Salt storage buildings and containment control systems - contract agencies............................... $ 2,000,000

Salt storage buildings and containment control systems - various state locations....................... 600,000

Pontiac, Oakland County, transportation center, rail and bus terminal, for design and

construction (total authorized cost $1,750,000; state share $1,750,000)................................. 1,750,000

L’Anse, Baraga County, maintenance garage renovation (total authorized cost $755,000;

state trunkline fund share $755,000)........................................................................................ 755,000

Lansing, Eaton County, central maintenance garage consolidation (total authorized cost

$7,450,000; state trunkline fund share $7,450,000)................................................................. 7,450,000

Institutional and agency roads...................................................................................................... 750,000

Miscellaneous remodeling, additions, emergency maintenance................................................... 1,000,000

GROSS APPROPRIATION.......................................................................................................... $ 14,305,000

Appropriated from:

Special revenue funds:

Comprehensive transportation fund bond proceeds...................................................................... 1,750,000

State aeronautics fund.................................................................................................................. 180,000

State trunkline fund...................................................................................................................... 12,375,000

State general fund/general purpose.............................................................................................. $ 0

(2) AIRPORT IMPROVEMENT PROGRAMS

Airport safety, protection, and improvement program................................................................. $ 183,191,300

GROSS APPROPRIATION.......................................................................................................... $ 183,191,300

Appropriated from:

Federal revenues:

DOT, federal aviation administration........................................................................................... 162,867,600

Special revenue funds:

Local aeronautics match............................................................................................................... 15,209,400

State aeronautics fund.................................................................................................................. 5,114,300

State general fund/general purpose.............................................................................................. $ 0

Sec. 108. STATE BUILDING AUTHORITY FINANCED CONSTRUCTION

AUTHORIZATIONS

Department of history, arts and libraries - warehouse facility acquisition (total authorized cost

$9,690,000; state building authority share $9,689,900; state general fund share $100).......... 100

GROSS APPROPRIATION.......................................................................................................... $ 100

Appropriated from:

State general fund/general purpose.............................................................................................. $ 100”.

2. Amend page 26, line 2, after “is” by striking out “$68,769,100.00” and inserting “$68,764,700.00”.

3. Amend page 31, line 8, by striking out all of sections 406, 407, and 408.

4. Amend page 39, line 4, by striking out all of section 604.

5. Amend page 39, line 11, by striking out all of line 11.

6. Amend page 39, line 12, by striking out all of sections 651 and 652.

7. Amend page 43, line 1, by striking out all of line 1.

8. Amend page 43, line 2, by striking out all of sections 671 and 672.

9. Amend page 48, line 2, by striking out all of section 903.

10. Amend page 48, line 24, by striking out all of section 1002.

The Senate has concurred in the House substitute (H-9) as amended to the Senate substitute (S-2), ordered that it be given immediate effect and agreed to the title as amended.

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

Senate Bill No. 382, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2201, 2202, 2203, 2204, 2205, 2208, 2209, 2210, and 2211 (MCL 339.2201, 339.2202, 339.2203, 339.2204, 339.2205, 339.2208, 339.2209, 339.2210, and 339.2211), section 2204 as amended by 1981 PA 83 and sections 2205 and 2209 as amended by 1988 PA 463.

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. 383, entitled

A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 15 (MCL 338.2215), as amended by 2007 PA 77.

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. 943, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 88.

The Senate has passed the bill.

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

Senate Bill No. 1085, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40107a (MCL 324.40107a), as amended by 2003 PA 242.

The Senate has passed the bill.

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

Senate Bill No. 1122, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 8a (MCL 125.2688a), as amended by 2006 PA 476.

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 5650.

Rep. Tobocman

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

May 1, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 2:20 p.m. this date, administrative rule (#08-05-01) for the Department of Management and Budget, State Employees’ Retirement Board Entitled “General Rules”. These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

May 1, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 2:22 p.m. this date, administrative rule (#08-05-02) for the Department of Labor and Economic Growth, Entitled: “State Employees Retirement Board – General Hearing Rules”. These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

The following communication from the Department of Transportation’s Transportation Asset Management Council was received and read:

May 2, 2008

It is my pleasure to submit to you the 2008 Annual Report of the Transportation Asset Management Council. MCL 247.659a(9) requires the Council to file an annual report with the Legislature and State Transportation Commission by May 2 of each year.

During 2007, the Council surveyed 43,000 miles of federal-aid eligible roads and analyzed the condition of the system. This is the fourth statewide survey of every mile of federal-aid eligible road in Michigan using a common process. This effort was achieved through a cooperative effort of individuals from county road commissions, city engineering staffs, the Michigan Department of Transportation, regional planning agencies, and metropolitan planning organizations.

As we continue this effort over the next several years, it is the intent of the Council to analyze and report to the Legislature and State Transportation Commission on the investments made to this system and the resulting condition. In this way, you will be kept up-to-date on the overall condition of our roads and bridges; how we are spending the public dollars you have entrusted to us; and the system needs for maintaining and preserving our roads and bridges.

This report was approved by the Council on April 18, 2008. We would be pleased to respond to any questions you have or make presentations of the report.

Sincerely,

Carmine Palombo, P.E., Chair

Transportation Asset Management Council

The communication was referred to the Clerk.

Introduction of Bills

Rep. Accavitti introduced

House Bill No. 6044, entitled

A bill to amend 2002 PA 48, entitled “Metropolitan extension telecommunications rights-of-way oversight act,” by amending section 11 (MCL 484.3111).

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

Reps. Espinoza, Elsenheimer, Rick Jones, Casperson, Green, Agema, Robertson, Shaffer, Proos, Pavlov, Meltzer, Garfield, Hoogendyk, Emmons, Brown, Spade, Mayes, Sheltrown and Stahl introduced

House Bill No. 6045, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2835 (MCL 333.2835), as amended by 2002 PA 562.

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

Reps. Lindberg, Booher, Lahti, Meadows, Sak, McDowell, Condino, Brown, Espinoza, Constan, Bennett, Lemmons, Young, Casperson, Gillard, Polidori, Warren, Simpson and Hammel introduced

House Bill No. 6046, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2007 PA 137.

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

Reps. Stakoe, Nofs, Moore, Moolenaar, Sheltrown and Stahl introduced

House Bill No. 6047, entitled

A bill to amend 1929 PA 137, entitled “An act to authorize the formation of corporations by summer resort owners; to authorize the purchase, improvement, sale, and lease of lands; to authorize the exercise of certain police powers over the lands owned by said corporation and within its jurisdiction; to impose certain duties on the department of commerce; and to provide penalties for the violation of by-laws established under police powers,” by repealing sections 15 and 16 (MCL 455.215 and 455.216).

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

Reps. Warren, Alma Smith, Meadows, Miller, Donigan, Condino, Gonzales, Kathleen Law, Tobocman, Hopgood, Farrah, Virgil Smith, Accavitti, Byrnes, Bauer, Vagnozzi, Leland, Clack, Meisner, Hammel, Coulouris, Robert Jones, Lindberg and Hammon introduced

House Bill No. 6048, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20190.

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

Reps. Alma Smith, Warren, Meadows, Miller, Donigan, Condino, Gonzales, Kathleen Law, Tobocman, Hopgood, Farrah, Virgil Smith, Accavitti, Byrnes, Bieda, Bauer, Vagnozzi, Leland, Clack, Meisner, Hammel, Robert Jones, Lindberg and Hammon introduced

House Bill No. 6049, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17751 and 17763 (MCL 333.17751 and 333.17763), as amended by 2006 PA 672.

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

Reps. Donigan, Alma Smith, Warren, Meadows, Miller, Condino, Gonzales, Kathleen Law, Tobocman, Hopgood, Farrah, Virgil Smith, Accavitti, Byrnes, Bauer, Vagnozzi, Leland, Clack, Meisner, Hammel, Robert Jones, Lindberg and Hammon introduced

House Bill No. 6050, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 98.

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

Reps. Bieda, Warren, Alma Smith, Bauer, Miller, Meadows, Leland, Clack, Meisner, Hammel, Coulouris, Robert Jones, Lindberg and Hammon introduced

House Bill No. 6051, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.

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

Reps. Bieda, Condino, Warren, Alma Smith, Miller, Bauer, Meadows, Vagnozzi, Leland, Clack, Meisner, Hammel, Coulouris, Robert Jones, Lindberg and Hammon introduced

House Bill No. 6052, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 416e.

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

Rep. Cushingberry introduced

House Bill No. 6053, entitled

A bill to authorize the state administrative board to convey a certain parcel of state owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance.

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

Rep. Sak introduced

House Bill No. 6054, entitled

A bill to amend 2005 PA 248, entitled “Children of veterans tuition grant act,” by amending the title and section 4 (MCL 390.1344).

The bill was read a first time by its title and referred to the Committee on Military and Veterans Affairs and Homeland Security.

Rep. Cushingberry introduced

House Bill No. 6055, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2007 PA 69.

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

Rep. Johnson introduced

House Bill No. 6056, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20173a (MCL 333.20173a), as added by 2006 PA 28.

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

Rep. Jackson introduced

House Bill No. 6057, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 134a (MCL 330.1134a), as added by 2006 PA 27.

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

Rep. Johnson introduced

House Bill No. 6058, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 34b (MCL 400.734b), as added by 2006 PA 29.

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

Rep. McDowell introduced

House Bill No. 6059, entitled

A bill to amend 1997 PA 70, entitled “Compulsive gaming prevention act,” by amending section 3 (MCL 432.253).

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

Rep. Jackson introduced

House Bill No. 6060, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2007 PA 85.

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

Rep. McDowell introduced

House Bill No. 6061, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2007 PA 85.

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

Rep. McDowell introduced

House Bill No. 6062, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 224b (MCL 500.224b), as amended by 2007 PA 88.

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

Rep. Alma Smith introduced

House Bill No. 6063, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 629e (MCL 257.629e), as amended by 2003 PA 73.

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

Rep. Gillard introduced

House Bill No. 6064, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1351 (MCL 380.1351), as amended by 2006 PA 680.

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

Rep. Cheeks introduced

House Bill No. 6065, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” (MCL 484.1101 to 484.1717) by amending the title; and to repeal acts and parts of acts.

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

Rep. Cheeks introduced

House Bill No. 6066, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending sections 5, 6, 7, 11, and 16 (MCL 207.775, 207.776, 207.777, 207.781, and 207.786), sections 6 and 7 as amended by 2005 PA 338 and section 11 as amended by 2005 PA 339; and to repeal acts and parts of acts.

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

Rep. Gonzales introduced

House Bill No. 6067, entitled

A bill to amend 2003 PA 152, entitled “An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 217a, 217d, 226, 226b, 307, 310, 312e, 312h, 320e, 723, 801, 802, 803b, 803m, 804, 806, 807, 810, 811, 811c, 811h, and 812 (MCL 257.217a, 257.217d, 257.226, 257.226b, 257.307, 257.310, 257.312e, 257.312h, 257.320e, 257.723, 257.801, 257.802, 257.803b, 257.803m, 257.804, 257.806, 257.807, 257.810, 257.811, 257.811c, 257.811h, and 257.812), section 217a as amended by 1988 PA 419, section 217d as amended by 2000 PA 78, section 226 as amended by 2002 PA 642, sections 226b and 312h as amended by 1989 PA 299, section 307 as amended by 2002 PA 534, sections 310 and 312e as amended by 2002 PA 652, section 320e as amended by 1998 PA 346, section 723 as amended by 1988 PA 346, section 801 as amended by 2002 PA 417, section 802 as amended by 1998 PA 396, section 803b as amended by 1996 PA 142, section 803m as amended and section 811c as added by 1994 PA 332, section 804 as amended and section 811h as added by 2000 PA 77, section 806 as amended by 2002 PA 497, section 807 as amended by 1998 PA 384, section 810 as amended by 1987 PA 238, section 811 as amended by 2000 PA 456, and section 812 as amended by 1989 PA 280, and by adding sections 803r, 810b, 819a, and 819b; and to repeal acts and parts of acts,” by amending enacting section 2.

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

Rep. Gonzales introduced

House Bill No. 6068, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2008 PA 7.

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

Announcements by the Clerk

May 1, 2008

Received from the Auditor General a copy of the following audit report and/or report summary:

Financial audit of the Michigan Strategic Fund (MSF), a discretely presented component unit of the State of Michigan, as of and for the period October 1, 2005 through September 30, 2007.

Richard J. Brown

Clerk of the House

Rep. Lahti moved that the House adjourn.

The motion prevailed, the time being 3:45 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, May 7, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives

972 JOURNAL OF THE HOUSE [May 6, 2008] [No. 42

No. 42] [May 6, 2008] JOURNAL OF THE HOUSE 973

974 JOURNAL OF THE HOUSE [May 6, 2008] [No. 42

No. 42] [May 6, 2008] JOURNAL OF THE HOUSE 975

976 JOURNAL OF THE HOUSE [May 6, 2008] [No. 42

No. 42] [May 6, 2008] JOURNAL OF THE HOUSE 977

978 JOURNAL OF THE HOUSE [May 6, 2008] [No. 42

No. 42] [May 6, 2008] JOURNAL OF THE HOUSE 979

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No. 42] [May 6, 2008] JOURNAL OF THE HOUSE 981

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No. 42] [May 6, 2008] JOURNAL OF THE HOUSE 983

984 JOURNAL OF THE HOUSE [May 6, 2008] [No. 42

For Fiscal Year

Ending Sept. 30,

2008

No. 42] [May 6, 2008] JOURNAL OF THE HOUSE 985

For Fiscal Year

Ending Sept. 30,

2008

986 JOURNAL OF THE HOUSE [May 6, 2008] [No. 42

For Fiscal Year

Ending Sept. 30,

2008

No. 42] [May 6, 2008] JOURNAL OF THE HOUSE 987

For Fiscal Year

Ending Sept. 30,

2008

988 JOURNAL OF THE HOUSE [May 6, 2008] [No. 42

No. 42] [May 6, 2008] JOURNAL OF THE HOUSE 989

990 JOURNAL OF THE HOUSE [May 6, 2008] [No. 42

No. 42] [May 6, 2008] JOURNAL OF THE HOUSE 991

992 JOURNAL OF THE HOUSE [May 6, 2008] [No. 42

No. 42] [May 6, 2008] JOURNAL OF THE HOUSE 993

994