2007-HJ-03-22-029

No. 29

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Thursday, March 22, 2007.

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

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

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

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

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

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

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

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

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

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

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

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

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

Cheeks--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. Judy Emmons, from the 70th District, offered the following invocation:

"Heavenly Father, we gather today in this great building where many have gone before us and we thank You for the opportunity to serve. We thank You for the opportunity to serve our fellow man, our citizens, our constituents, but most of all we thank You for the opportunity to serve You. We know that You are the author of all that is true and all that is right - help us to remember that. Help us to remember that we do not have all the answers that You do and that we should seek our guidance from You. And now as spring unfolds in Michigan, one of the most beautiful seasons of the year here in this great state, we would ask Your blessing upon our second largest industry, the agricultural industry, because spring is the season of planting and promise and we know that as we serve You it will be all for the good of this state. We ask these things in the name of our Lord, Amen."

______

Rep. Green moved that Rep. Knollenberg be excused temporarily from today's session.

The motion prevailed.

Rep. Hoogendyk moved that Rep. Stahl be excused temporarily from today's session.

The motion prevailed.

Third Reading of Bills

House Bill No. 4100, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 261 (MCL 18.1261), as amended by 2006 PA 622.

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

Roll Call No. 58 Yeas--107

Accavitti DeRoche Jones, Robert Pavlov

Acciavatti Dillon Lahti Pearce

Agema Donigan LaJoy Polidori

Amos Ebli Law, David Proos

Angerer Elsenheimer Law, Kathleen Robertson

Ball 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 Spade

Casperson Hammon Melton Stakoe

Caswell Hansen Meltzer Steil

Caul Hildenbrand Miller Tobocman

Cheeks Hood Moolenaar Vagnozzi

Clack Hoogendyk Moore Valentine

Clemente Hopgood Moss Walker

Condino Horn Nitz Ward

Constan Huizenga Nofs Warren

Corriveau Hune Opsommer Wenke

Coulouris Jackson Palmer Wojno

Cushingberry Johnson Palsrok Young

Dean Jones, Rick Pastor

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.

Reps. LeBlanc, Farrah, Hopgood, Bieda, Clack, Vagnozzi, Accavitti, Amos, Ward, Sak, Moolenaar, Ball, Byrnes, Cheeks, Espinoza, Gonzales, Rick Jones, David Law, Leland, Lemmons, Miller, Polidori, Proos, Rocca, Schuitmaker, Sheltrown, Alma Smith, Bauer, Meadows, Calley, Constan, Corriveau, Coulouris, Hammel, Hammon, Johnson, Robert Jones, Melton, Opsommer, Scott, Valentine, Warren, Young and Simpson were named co-sponsors of the bill.

House Bill No. 4315, entitled

A bill to amend 1968 PA 318, entitled "An act to implement the provisions of section 10 of article 4 of the constitution relating to substantial conflicts of interest on the part of members of the legislature and state officers in respect to contracts with the state and the political subdivisions thereof; to provide for penalties for the violation thereof; to repeal all acts and parts of acts in conflict with this act; and to validate certain contracts," by amending section 2 (MCL 15.302).

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

Roll Call No. 59 Yeas--101

Accavitti DeRoche Jones, Robert Pavlov

Acciavatti Dillon Lahti Pearce

Amos Donigan LaJoy Polidori

Angerer Ebli Law, David Proos

Ball Elsenheimer Law, Kathleen Robertson

Bauer Emmons LeBlanc Rocca

Bennett Espinoza Leland Sak

Bieda Farrah Lemmons Schuitmaker

Booher Gaffney Lindberg Scott

Brandenburg Gillard Marleau Shaffer

Brown Gonzales Mayes Sheltrown

Byrnes Green McDowell Simpson

Byrum Griffin Meadows Smith, Alma

Calley Hammel Meisner Spade

Casperson Hammon Melton Stakoe

Caswell Hansen Meltzer Steil

Caul Hildenbrand Miller Tobocman

Cheeks Hood Moolenaar Vagnozzi

Clack Hopgood Moore Valentine

Clemente Horn Moss Walker

Condino Huizenga Nitz Ward

Constan Hune Nofs Warren

Corriveau Jackson Opsommer Wenke

Coulouris Johnson Palsrok Wojno

Cushingberry Jones, Rick Pastor Young

Dean

Nays--6

Agema Hoogendyk Palmer Sheen

Garfield Meekhof

In The Chair: Sak

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. LeBlanc, Lindberg, Hopgood, Vagnozzi, Ward, Sak, Moolenaar, Griffin, Caul, Gonzales, Proos, Rocca, Schuitmaker, Sheltrown, Alma Smith, Spade, Bauer, Constan, Coulouris, Hammel, Hammon, Horn, Johnson, Robert Jones, Melton, Meltzer and Warren were named co-sponsors of the bill.

______

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

"Mr. Speaker and members of the House:

The constitutional purpose of a citizen legislature is to include citizens from all walks of life and employment experience to give true representation and perspective to the issues which we vote on. Does this mean a former school board member or teacher can't vote on education issues, or attorneys can't vote on court or liability legislation? It would be almost impossible for any House or Senate members to ever all be able to vote on any issue without some possible conflict of interest. I believe this bill is going to create all kinds of accusations of possible conflicts of interest by opposing parties and candidates real or contrived, which will simply serve to create more conflict and wrong public perception. This bill goes against what the constitutional purpose of a citizen legislature was supposed to bring about."

Second Reading of Bills

House Bill No. 4472, entitled

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

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

Rep. Ward moved to amend the bill as follows:

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

"(3) A MEMBER OF A STATE BOARD THAT APPROVES GRANTS OF STATE FUNDS SHALL NOT DIRECTLY OR INDIRECTLY APPLY FOR OR ACCEPT THE AWARD OF A GRANT FUNDED BY THE STATE AND APPROVED BY THAT STATE BOARD DURING THE MEMBER'S TERM OF OFFICE. THE PROHIBITION IN THIS SUBSECTION DOES NOT APPLY TO A MEMBER OF THE GOVERNING BOARD OF A PUBLIC INSTITUTION OF HIGHER EDUCATION WHEN THE MEMBER IS ACTING SOLELY AS A MEMBER OF THE BOARD OF THAT INSTITUTION.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

______

Rep. Angerer moved that Reps. Dillon, Tobocman and Virgil Smith be excused temporarily from today's session.

The motion prevailed.

Point of Order

Rep. Angerer requested a ruling from the Chair regarding the germaneness of the amendment offered by Rep. Ward.

The Chair ruled that the amendment is not germane pursuant to House Rule 60.

Rep. Ward appealed the decision of the Chair.

The question being, "Shall the judgment of the Chair stand as the judgment of the House?"

The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 60 Yeas--55

Accavitti Coulouris Jackson Miller

Angerer Cushingberry Johnson Polidori

Bauer Dean Jones, Robert Sak

Bennett Donigan Lahti Scott

Bieda Ebli Law, Kathleen Sheltrown

Brown Espinoza LeBlanc Simpson

Byrnes Farrah Leland Smith, Alma

Byrum Gillard Lemmons Spade

Cheeks Gonzales Lindberg Vagnozzi

Clack Griffin Mayes Valentine

Clemente Hammel McDowell Warren

Condino Hammon Meadows Wojno

Constan Hood Meisner Young

Corriveau Hopgood Melton

Nays--51

Acciavatti Gaffney Meekhof Proos

Agema Garfield Meltzer Robertson

Amos Green Moolenaar Rocca

Ball Hansen Moore Schuitmaker

Booher Hildenbrand Moss Shaffer

Brandenburg Hoogendyk Nitz Sheen

Calley Horn Nofs Stahl

Casperson Huizenga Opsommer Stakoe

Caswell Hune Palmer Steil

Caul Jones, Rick Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Law, David Pavlov Wenke

Emmons Marleau Pearce

In The Chair: Sak

______

Rep. Angerer moved that Reps. Gillard and Jackson be excused temporarily from today's session.

The motion prevailed.

Rep. Ward moved to amend the bill as follows:

1. Amend page 1, line 6, after "LEGISLATURE" by inserting a comma and "THE GOVERNOR, THE LIEUTENANT GOVERNOR, THE SECRETARY OF STATE, OR THE ATTORNEY GENERAL".

2. Amend page 1, line 8, after "DURING" by striking out "THE LEGISLATOR'S" and inserting "HIS OR HER".

3. Amend page 2, line 1, after "THE" by striking out "LEGISLATIVE".

The question being on the adoption of the amendments offered by Ward,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Ward,

The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 61 Yeas--104

Accavitti Dean Lahti Pavlov

Acciavatti DeRoche LaJoy Pearce

Agema Donigan Law, David Polidori

Amos Ebli Law, Kathleen Proos

Angerer Elsenheimer LeBlanc Robertson

Ball Emmons Leland Rocca

Bauer Espinoza Lemmons Sak

Bennett Farrah Lindberg Schuitmaker

Bieda Gaffney Marleau Scott

Booher Garfield Mayes Shaffer

Brandenburg Gonzales McDowell Sheen

Brown Green Meadows Sheltrown

Byrnes Griffin Meekhof Simpson

Byrum Hammel Meisner Smith, Alma

Calley Hammon Melton Spade

Casperson Hansen Meltzer Stahl

Caswell Hildenbrand Miller Stakoe

Caul Hood Moolenaar Steil

Cheeks Hoogendyk Moore Vagnozzi

Clack Hopgood Moss Valentine

Clemente Horn Nitz Walker

Condino Huizenga Nofs Ward

Constan Hune Opsommer Warren

Corriveau Johnson Palmer Wenke

Coulouris Jones, Rick Palsrok Wojno

Cushingberry Jones, Robert Pastor Young

Nays--0

In The Chair: Sak

Rep. Ward moved to amend the bill as follows:

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

"(3) IT IS A SUBSTANTIAL CONFLICT OF INTEREST FOR A LEGISLATOR, THE GOVERNOR, THE LIEUTENANT GOVERNOR, THE SECRETARY OF STATE, OR THE ATTORNEY GENERAL TO PARTICIPATE IN THE NEGOTIATION OF A STATE CONTRACT WITH A PARTY THAT HAS MADE A CONTRIBUTION TO A CAMPAIGN COMMITTEE OF THAT INDIVIDUAL.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 62 Yeas--63

Acciavatti Elsenheimer Mayes Robertson

Agema Emmons Meekhof Rocca

Amos Espinoza Meltzer Schuitmaker

Ball Gaffney Miller Shaffer

Booher Garfield Moolenaar Sheen

Brandenburg Green Moore Sheltrown

Brown Hansen Moss Simpson

Byrum Hildenbrand Nitz Spade

Calley Hoogendyk Nofs Stahl

Casperson Horn Opsommer Stakoe

Caswell Huizenga Palmer Steil

Caul Hune Palsrok Valentine

Corriveau Jones, Rick Pastor Walker

Dean LaJoy Pavlov Ward

DeRoche Law, David Pearce Wenke

Ebli Marleau Proos

Nays--43

Accavitti Coulouris Johnson Melton

Angerer Cushingberry Jones, Robert Polidori

Bauer Donigan Lahti Sak

Bennett Farrah Law, Kathleen Scott

Bieda Gonzales LeBlanc Smith, Alma

Byrnes Griffin Leland Smith, Virgil

Cheeks Hammel Lemmons Vagnozzi

Clack Hammon Lindberg Warren

Clemente Hood McDowell Wojno

Condino Hopgood Meadows Young

Constan Jackson Meisner

In The Chair: Sak

______

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

"Mr. Speaker and members of the House:

While I like the intent of the amendment in question, I voted against this particular amendment because it is too broad and needs to be more narrowly tailored. For example, even an extremely small contribution (a dollar or less) would trigger this requirement. The amendment is also unclear as to how long ago the contribution restriction would apply. Would a $5.00 contribution made to a candidate committee twenty years ago trigger this restriction? Personally, I think the intent of this amendment should more properly be examined in the context of a separate piece of legislation rather than an amendment (however well intentioned) offered on the House floor to this particular piece of legislation."

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

The motion prevailed.

Rep. Angerer 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. 4472, 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. 63 Yeas--107

Accavitti DeRoche Lahti Pearce

Acciavatti Dillon LaJoy Polidori

Agema Donigan Law, David Proos

Amos Ebli Law, Kathleen Robertson

Angerer Elsenheimer LeBlanc Rocca

Ball Emmons Leland Sak

Bauer Espinoza Lemmons Schuitmaker

Bennett Farrah Lindberg Scott

Bieda Gaffney Marleau Shaffer

Booher Garfield Mayes Sheltrown

Brandenburg Gillard McDowell Simpson

Brown Gonzales Meadows Smith, Alma

Byrnes Green Meekhof Smith, Virgil

Byrum Griffin Meisner Spade

Calley Hammel Melton Stahl

Casperson Hammon Meltzer Stakoe

Caswell Hansen Miller Steil

Caul Hildenbrand Moolenaar Tobocman

Cheeks Hood Moore Vagnozzi

Clack Hoogendyk Moss Valentine

Clemente Hopgood Nitz Walker

Condino Horn Nofs Ward

Constan Huizenga Opsommer Warren

Corriveau Hune Palmer Wenke

Coulouris Johnson Palsrok Wojno

Cushingberry Jones, Rick Pastor Young

Dean Jones, Robert Pavlov

Nays--1

Sheen

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Reps. LeBlanc, Farrah, LaJoy, Hopgood, Brandenburg, Wojno, Ward, Steil, Agema, Sak, Nitz, Dillon, Ball, Griffin, Cheeks, Hildenbrand, Rick Jones, David Law, Lemmons, Mayes, McDowell, Proos, Rocca, Schuitmaker, Calley, Corriveau, Hammel, Hammon, Horn, Johnson, Robert Jones, Opsommer and Scott were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4184, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 34a (MCL 791.234a), as amended by 1998 PA 315.

The bill was read a second time.

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. Hansen moved that Rep. DeRoche be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4184, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 34a (MCL 791.234a), as amended by 1998 PA 315.

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

Roll Call No. 64 Yeas--103

Accavitti Dillon Lahti Polidori

Acciavatti Donigan LaJoy Proos

Agema Ebli Law, Kathleen Robertson

Amos Elsenheimer LeBlanc Rocca

Angerer Emmons Leland Sak

Ball Espinoza Lemmons Schuitmaker

Bauer Farrah Lindberg Scott

Bennett Gaffney Marleau Shaffer

Bieda Garfield Mayes Sheen

Booher Gillard McDowell Sheltrown

Brandenburg Gonzales Meadows Simpson

Brown Green Meekhof Smith, Alma

Byrnes Griffin Meisner Smith, Virgil

Byrum Hammel Melton Spade

Calley Hammon Meltzer Stahl

Casperson Hansen Miller Stakoe

Caul Hildenbrand Moolenaar Steil

Cheeks Hood Moore Tobocman

Clack Hoogendyk Moss Vagnozzi

Clemente Hopgood Nitz Valentine

Condino Horn Nofs Walker

Constan Huizenga Palmer Warren

Corriveau Jackson Palsrok Wenke

Coulouris Johnson Pastor Wojno

Cushingberry Jones, Rick Pavlov Young

Dean Jones, Robert Pearce

Nays--5

Caswell Law, David Opsommer Ward

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. 4272, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3b of chapter XI (MCL 771.3b), as amended by 1998 PA 49.

The bill was read a second time.

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. 4272, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3b of chapter XI (MCL 771.3b), as amended by 1998 PA 49.

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

Roll Call No. 65 Yeas--104

Accavitti Dillon Lahti Pearce

Acciavatti Donigan LaJoy Polidori

Agema Ebli Law, Kathleen Proos

Amos Elsenheimer LeBlanc Robertson

Angerer Emmons Leland Rocca

Ball Espinoza Lemmons Sak

Bauer Farrah Lindberg Schuitmaker

Bennett Gaffney Marleau Scott

Bieda Garfield Mayes Shaffer

Booher Gillard McDowell Sheen

Brandenburg Gonzales Meadows Sheltrown

Brown Green Meekhof Simpson

Byrnes Griffin Meisner Smith, Alma

Byrum Hammel Melton Smith, Virgil

Calley Hammon Meltzer Spade

Casperson Hansen Miller Stahl

Caul Hildenbrand Moolenaar Stakoe

Cheeks Hood Moore Steil

Clack Hoogendyk Moss Tobocman

Clemente Hopgood Nitz Vagnozzi

Condino Horn Nofs Valentine

Constan Huizenga Opsommer Walker

Corriveau Jackson Palmer Warren

Coulouris Johnson Palsrok Wenke

Cushingberry Jones, Rick Pastor Wojno

Dean Jones, Robert Pavlov Young

Nays--5

Caswell Hune Law, David Ward

DeRoche

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. 4475, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending sections 35 and 44 (MCL 791.235 and 791.244), section 35 as amended by 1998 PA 315 and section 44 as amended by 1999 PA 191.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 28, p. 351),

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

Rep. Meadows moved to amend the bill as follows:

1. Amend page 9, line 3, after "LEAST" by striking out "10" and inserting "14".

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.

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. 4475, 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. 66 Yeas--78

Accavitti Coulouris Johnson Pearce

Acciavatti Cushingberry Jones, Rick Polidori

Amos Dillon Jones, Robert Sak

Angerer Donigan Lahti Scott

Ball Espinoza Law, Kathleen Shaffer

Bauer Farrah Leland Sheen

Bennett Gaffney Lemmons Sheltrown

Bieda Garfield Lindberg Smith, Alma

Booher Gillard Meadows Smith, Virgil

Brandenburg Gonzales Meisner Spade

Byrnes Green Melton Stahl

Calley Hammel Meltzer Stakoe

Casperson Hammon Miller Steil

Caswell Hansen Moore Tobocman

Caul Hildenbrand Nitz Vagnozzi

Cheeks Hood Nofs Warren

Clack Hoogendyk Opsommer Wenke

Clemente Hopgood Palmer Wojno

Condino Horn Pastor Young

Constan Jackson

Nays--31

Agema Emmons Mayes Robertson

Brown Griffin McDowell Rocca

Byrum Huizenga Meekhof Schuitmaker

Corriveau Hune Moolenaar Simpson

Dean LaJoy Moss Valentine

DeRoche Law, David Palsrok Walker

Ebli LeBlanc Pavlov Ward

Elsenheimer Marleau Proos

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.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.

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

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

The motion prevailed.

Rep. Tobocman moved that when the House adjourns today it stand adjourned until Tuesday, March 27, at 1:30 p.m.

The motion prevailed.

Reps. Jackson, Agema, Bieda, Brown, Byrnes, Casperson, Caswell, Cheeks, Clack, Condino, Constan, Cushingberry, Dean, Gonzales, Green, Hammel, Hammon, Hansen, Hopgood, Johnson, Rick Jones, Robert Jones, Kathleen Law, LeBlanc, Leland, Lemmons, Marleau, Mayes, McDowell, Meadows, Miller, Moss, Nofs, Opsommer, Polidori, Sak, Schuitmaker, Sheltrown, Spade, Stahl, Steil, Tobocman, Vagnozzi, Valentine, Warren and Wojno offered the following resolution:

House Resolution No. 53.

A resolution to memorialize the Congress of the United States to enact legislation to increase funding for veterans health programs and to reform budget practices to assure that veterans health care needs are addressed by direct rather than discretionary funding.

Whereas, Providing medical care for the men and women who risk their lives in defense of our nation is a most important responsibility. While this is always true, the significance of this task should be eminently clear as our armed forces are engaged in battle; and

Whereas, Funding for the Department of Veterans Affairs is determined each year by the Congress as part of discretionary spending. This budget is seriously under funded each year. This chronic under funding has a direct impact on the level of services available to our injured veterans. Currently, nearly 90 percent of federal health care spending is carried out through direct, rather than discretionary funding; and

Whereas, The Department of Veterans Affairs has the nation's largest health care system, with more than 150 hospitals, hundreds of clinics, nursing homes, residential rehabilitation treatment programs, and specialized services to deal with the most horrific and widest range of injuries. Recent rises in demand for health care services have far outpaced spending; and

Whereas, The American people owe our returning veterans proper health care services to address the injuries they sustain in defense of our freedoms. Quality health care for those injured in service to the country should not be subject to the annual fluctuations of a budget process that is often held hostage to politics. Clearly, the care of our wounded must be a top priority; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact legislation to increase funding for veterans health programs and to reform budget practices to assure that veterans health care needs are addressed by direct rather than discretionary funding; 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 Military and Veterans Affairs and Homeland Security.

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 Thursday, March 22:

House Bill Nos. 4499 4500 4501 4502 4503 4504 4505 4506 4507 4508 4509

Senate Bill Nos. 363 364 365 366 367

Reports of Standing Committees

The Committee on Insurance, by Rep. Virgil Smith, Chair, reported

House Bill No. 4328, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2038 (MCL 500.2038).

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. Virgil Smith, Farrah, Condino, Constan, Johnson, Lemmons, Polidori, Scott, Simpson, Wojno, Hune and Rocca

Nays: Rep. Hildenbrand

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 22, 2007

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

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

House Bill No. 4207, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 17213.

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

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

Favorable Roll Call

To Report Out:

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

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 22, 2007

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

Absent: Rep. Ward

Excused: Rep. Ward

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 21, 2007

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

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 22, 2007

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

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 22, 2007

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

Absent: Rep. Pearce

Excused: Rep. Pearce

Introduction of Bills

Reps. Caul, Shaffer, Hansen and Emmons introduced

House Bill No. 4510, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section3406s.

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

Reps. Gonzales, Cushingberry and Alma Smith introduced

House Bill No. 4511, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 4 (MCL 38.1304), as amended by 2003 PA 17.

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

Reps. Gonzales, Cushingberry and Alma Smith introduced

House Bill No. 4512, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 38 (MCL 38.38), as amended by 2002 PA 93.

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

Rep. Cushingberry introduced

House Bill No. 4513, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 233 (MCL 436.1233).

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

Reps. Brown, Espinoza, Polidori, Dean and Ebli introduced

House Bill No. 4514, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 2 (MCL 205.92), as amended by 2004 PA 172.

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

Reps. Byrum, Coulouris, LeBlanc, McDowell, Lahti, Ebli, Bieda, Valentine, Bennett, Angerer, Proos, Wenke and Young introduced

House Bill No. 4515, entitled

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