No. 18

State of MichigaN

JOURNAL

of the

House of Representatives

94th Legislature

RegULaR SeSSioN of 2008

House Chamber, Lansing, Tuesday, February 26, 2008.

1:30 p.m.

The House was called to order by Associate Speaker Pro Tempore Byrnes.

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

Accavitti—present Dillon—present Lahti—present Pearce—present

Acciavatti—excused Donigan—present LaJoy—present Polidori—present

Agema—present Ebli—present Law, David—present Proos—present

Amos—present Elsenheimer—present Law, Kathleen—excused 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—excused 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—excused

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. John Proos, from the 79th District, offered the following invocation:

“Heavenly Father, it is with humble and contrite hearts that we stand before You today in Thanksgiving for the many blessings that You have bestowed upon each of us. We are grateful for the love of family, the tenderness of friendship and the breath of life that gives us the opportunity to grow in Your grace each and every day.

Father, You remind us though of our responsibility to care for those in need. Those that do not have the love of family, those who are not aware of Your grace and we are asked to stand as witnesses to Your divine love and inspiration. Give each of us the strength to bring those who bear this burden of uncertainly and fear into the light of Your loving presence.

We ask that You keep the men and women of our Armed Forces serving bravely throughout the world in Your care and grant us the discernment to make decisions that are pleasing to You.

In Your Heavenly Name, We Pray,

Amen.”

______

The Speaker Pro Tempore assumed the Chair.

Rep. Booher moved that Reps. Acciavatti, Brandenburg and Stakoe be excused from today’s session.

The motion prevailed.

Rep. Tobocman moved that Rep. Kathleen Law be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Nitz, Booher, Brown, Garfield, Hammon, Hansen, Rick Jones, Leland, Lemmons, Marleau, Pastor, Polidori, Proos, Sak, Sheltrown, Stahl, Vagnozzi and Valentine offered the following resolution:

 house Resolution No. 284. 

A resolution to urge the Congress of the United States to appoint an independent counsel to investigate the Prisoner of War - Missing in Action issue.

Whereas, The Prisoner of War - Missing in Action (POW/MIA) issue has been a national dilemma since the end of World War II; and

Whereas, There is a strong need for an independent investigation into all unresolved matters relating to any United States personnel unaccounted for from the Vietnam War, the Korean conflict, World War II, Cold War missions, or Gulf War, including MIAs and POWs; and

Whereas, It is the responsibility and the duty of the United States government to bring home Americans missing in action from the Vietnam War, the Cold War, the Korean War, World War II, and Desert Storm; and

Whereas, As of July 2005, the Government Accountability Office listed 88,115 service men and women unaccounted for from World War II, Korean/Cold War conflicts, Vietnam War, Gulf War, and other current conflicts; and

Whereas, American POWs and their missing comrades have demonstrated the true spirit of our nation and should never be forgotten; and

Whereas, The families of these inspiring Americans deserve to know what truly happened to their loved ones; and

Whereas, Americans from every generation have answered the call to duty with dedication and valor; these brave Americans deserve the respect and gratitude of our nation and all efforts should be made to resolve the Prisoner of War - Missing in Action issue in their honor; now, therefore, be it

Resolved by the House of Representatives, That we urge the Congress of the United States to appoint an independent counsel to investigate the Prisoner of War - Missing in Action issue; 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 Friday, February 22:

 house Bill Nos. 5778 5779 5780 5781 5782 5783 5784 5785 5786 5787 5788 5789 5790 5791

  5792

The Clerk announced the enrollment printing and presentation to the Governor on Friday, February 22, for her approval of the following bills:

 enrolled house Bill No. 4684 at 9:38 a.m.

 enrolled house Bill No. 5032 at 9:40 a.m.

 enrolled house Bill No. 5034 at 9:42 a.m.

 enrolled house Bill No. 5035 at 9:44 a.m.

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, February 26, for her approval of the following bill:

 enrolled house Bill No. 5021 at 11:53 a.m.

The Clerk announced that the following Senate bills had been received on Tuesday, February 26:

 Senate Bill Nos.  150 652 836

Reports of Standing committees

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

 house Bill No. 4886, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1164.

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, Angerer, Brown, Byrum, Clack, Corriveau, Dean, Hopgood, Lindberg, Meisner, Miller, Polidori, Moolenaar, Emmons, Steil, Pearce, Schuitmaker, Knollenberg and Opsommer

Nays: None

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

 house Bill No. 4902, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1164b.

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, Angerer, Brown, Byrum, Clack, Corriveau, Dean, Hopgood, Lindberg, Meisner, Miller, Polidori, Moolenaar, Emmons, Steil, Pearce, Schuitmaker, Knollenberg and Opsommer

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 26, 2008

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

Absent: Reps. Scott and Hildenbrand

Excused: Reps. Scott and Hildenbrand

The Committee on Senior Health, Security, and Retirement, by Rep. Robert Jones, Chair, reported

 house Bill No. 5727, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 2802, 2803, and 2804 (MCL 700.2802, 700.2803, and 700.2804).

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. Robert Jones, Constan, Hopgood, Lemmons, Warren, Ball, Green and Stahl

Nays: None

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, February 26, 2008

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

Absent: Rep. Sheen

Excused: Rep. Sheen

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 26, 2008

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

Absent: Rep. Farrah

Excused: Rep. Farrah

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 26, 2008

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

Absent: Reps. Accavitti and Stakoe

Excused: Reps. Accavitti and Stakoe

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, February 26, 2008

Present: Reps. Sheltrown, Ebli, Brown, Hammon, Lindberg, Simpson, Casperson, Walker and Horn

Absent: Reps. Kathleen Law and Stakoe

Excused: Reps. Kathleen Law and Stakoe

Messages from the Senate

 Senate Bill No. 150, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 261 (MCL 206.261), as amended by 2007 PA 94.

The Senate has passed the bill.

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

 Senate Bill No. 652, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 260, 261, and 269 (MCL 206.260, 206.261, and 206.269), section 260 as amended by 1996 PA 484, section 261 as amended by 2007 PA 94, and section 269 as added by 2004 PA 313.

The Senate has passed the bill.

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

 Senate Bill No. 836, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 166b (MCL 388.1766b), as amended by 1999 PA 119.

The Senate has passed the bill.

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

explanation of “No” Votes

Rep. Palmer, having reserved the right to explain his protest against the passage of house Bill No. 4675, made the following statement:

“Mr. Speaker and members of the House:

I am voting no on this bill due to the maneuvers the majority party in this chamber have taken to deny a vote on my Amendment No. 1.

Amendment No. 1 tie bars SB 776, the Senate version of my 4613, the Partial Birth Abortion Ban Act, which remains in the House Judiciary Committee as it has since introduction in April of last year.

Just prior to my introduction of the Partial Birth Abortion Ban Act, the recent United States Supreme Court issued a decision that upheld the nationwide ban on partial-birth abortion, which led me to introduce a state version of the same ban. These bills mirror the Federal Partial Birth Abortion Ban Act to ban procedures that involve partially removing a fetus intact from a woman’s uterus, then collapsing its skull to abort the child.

Contrary to some perceptions, a Michigan law is necessary to enforce this ban in our own state. The present Federal law can only be enforced on federal property, and with regard to interstate issues.

This procedure is at best barbaric, and at worst infanticide. How many infant lives have been lost to partial birth procedures, even since April of 2007? Even one is too many, and a gruesome tragedy.

The children of Michigan deserve to have a vote on these bills.”

communications from State officers

The following communication from the Secretary of State was received and read:

Notice of Filing

Administrative Rules

February 19, 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 Adminis-trative Hearings and Rules filed at 11:50 a.m. this date, administrative rule (08-02-01) for the Department of Labor and Economic Growth entitled “Professional Engineers”. 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 communication was referred to the Clerk.

introduction of Bills

Rep. LeBlanc introduced

 house Bill No. 5793, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ff.

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

Rep. LeBlanc introduced

 house Bill No. 5794, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 658 (MCL 257.658), as amended by 2002 PA 494.

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

Rep. LeBlanc introduced

 house Bill No. 5795, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.

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

Rep. LeBlanc introduced

 house Bill No. 5796, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2170.

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

Rep. Byrnes introduced

 house Bill No. 5797, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 111 and 281 (MCL 208.1111 and 208.1281), section 111 as amended by 2007 PA 207 and section 281 as added by 2007 PA 145.

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

Reps. Young and Accavitti introduced

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

Reps. Gillard, Condino, Tobocman, Bieda, Coulouris, Constan, Meadows, Byrnes, Byrum, Simpson, Sak, Sheltrown, Gaffney, Miller, Warren and Dean introduced

 house Bill No. 5799, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 5, 7, 10, and 11 (MCL 169.203, 169.205, 169.207, 169.210, and 169.211), section 3 as amended by 1989 PA 95, section 5 as amended by 1999 PA 237, section 7 as amended by 2001 PA 250, and section 11 as amended by 1996 PA 590, and by adding sections 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 103, 105, 107, 108, and 109.

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

Rep. Calley introduced

 house Bill No. 5800, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2913 (MCL 600.2913).

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

Rep. Moolenaar introduced

 house Bill No. 5801, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (211.1 to 211.155) by adding section 7nn.

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

Rep. Moolenaar introduced

 house Bill No. 5802, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34d (MCL 211.34d), as amended by 2005 PA 12.

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

Rep. Hood introduced

 house Bill No. 5803, entitled

A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; to provide for expenditures under the supervision of the director of the department of management and budget and the state administrative board; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to prescribe standards and conditions relating to the appropriations; to make appropriations for the fiscal year ending September 30, 2009; and to provide for the expenditure of the appropriations.

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

Rep. Vagnozzi introduced

 house Bill No. 5804, entitled

A bill to make appropriations for the department of history, arts and libraries for the fiscal year ending September 30, 2009; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

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

Rep. Lahti introduced

 house Bill No. 5805, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2009 to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

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

Rep. Bennett introduced

 house Bill No. 5806, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2009 to provide for the expenditure of those appropriations; to create certain funds and accounts; to require certain reports; to prescribe the powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

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

Rep. Espinoza introduced

 house Bill No. 5807, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

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

Rep. Gonzales introduced

 house Bill No. 5808, entitled

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

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

Rep. Hammel introduced

 house Bill No. 5809, entitled

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

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

Rep. Gillard introduced

 house Bill No. 5810, entitled

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

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

Rep. LeBlanc introduced

 house Bill No. 5811, entitled

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

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

Rep. LeBlanc introduced

 house Bill No. 5812, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

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

Rep. Alma Smith introduced

 house Bill No. 5813, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

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

Rep. Spade introduced

 house Bill No. 5814, entitled

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

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

Rep. McDowell introduced

 house Bill No. 5815, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 2009; to provide for the expenditure of those appropriations; to create funds; to require and provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

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

Rep. Cheeks introduced

 house Bill No. 5816, entitled

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

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

Rep. Sak introduced

 house Bill No. 5817, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2009; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

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

Rep. Gillard introduced

 house Bill No. 5818, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

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

Rep. Byrnes introduced

 house Bill No. 5819, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2009; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

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

Rep. Gillard introduced

 house Bill No. 5820, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18b, 19, 20, 20d, 20j, 22a, 22b, 22d, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32c, 32d, 32j, 32l, 37, 38, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 56, 57, 61a, 62, 64, 65, 74, 81, 94a, 98, 99, 99e, 104, 105, 105c, 107, 147, 151, and 164c (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618b, 388.1619, 388.1620, 388.1620d, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1629, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632c, 388.1632d, 388.1632j, 388.1632l, 388.1637, 388.1638, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1664, 388.1665, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1699e, 388.1704, 388.1705, 388.1705c, 388.1707, 388.1747, 388.1751, and 388.1764c), sections 3, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 19, 20, 20j, 22a, 22b, 22d, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32c, 32d, 32j, 32l, 37, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 56, 57, 61a, 62, 64, 65, 74, 81, 94a, 98, 99, 99e, 104, 107, and 151 as amended by 2007 PA 137, sections 4 and 164c as amended by 2005 PA 155, section 18b as amended by 2000 PA 297, section 20d as amended by 1997 PA 93, section 38 as amended by 2003 PA 158, sections 105 and 105c as amended by 2006 PA 342, and section 147 as amended by 2007 PA 92; and by adding sections 11n, 20h, 32e, 32h and 99h; 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.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

 house Bill No. 4650, entitled

A bill to revise the standards under which courts of this state recognize foreign money judgments; to establish procedures for the recognition of foreign money judgments; to limit the time within which an action to enforce a foreign money judgment may be commenced; to make uniform the law relating to the enforcement of foreign money judgments; and to repeal acts and parts of acts.

(The bill was received from the Senate on February 14, with substitute (S-1), consideration of which, under the rules, was postponed until February 19, see House Journal No. 14, p. 221.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Condino moved to amend the Senate substitute (S-1) as follows:

1. Amend page 2, line 10, after “means” by striking out “a” and inserting “THE”.

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

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll call No. 92 Yeas—106

Accavitti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons LeBlanc Robertson

Ball Espinoza Leland Rocca

Bauer Farrah Lemmons Sak

Bennett Gaffney Lindberg Schuitmaker

Bieda Garfield Marleau Scott

Booher Gillard Mayes Shaffer

Brown Gonzales McDowell Sheen

Byrnes Green Meadows Sheltrown

Byrum Griffin Meekhof Simpson

Calley Hammel Meisner Smith, Alma

Casperson Hammon Melton Smith, Virgil

Caswell Hansen Meltzer Spade

Caul Hildenbrand Miller Stahl

Cheeks Hood Moolenaar Steil

Clack Hoogendyk Moore Tobocman

Clemente Hopgood Moss Vagnozzi

Condino Horn Nitz Valentine

Constan Huizenga Nofs Walker

Corriveau Hune Opsommer Ward

Coulouris Jackson Palmer Warren

Cushingberry Johnson Palsrok Wenke

Dean Jones, Rick Pastor Wojno

DeRoche Jones, Robert Pavlov Young

Dillon Knollenberg

Nays—0

In The Chair: Sak

Second Reading of Bills

 Senate Bill No. 206, entitled

A bill to codify the laws regarding and to provide for county, township, city, and village planning; to provide for the creation, organization, powers, and duties of local planning commissions; to provide for the powers and duties of certain state and local governmental officers and agencies; to provide for the regulation and subdivision of land; and to repeal acts and parts of acts.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

third Reading of Bills

 Senate Bill No. 206, entitled

A bill to codify the laws regarding and to provide for county, township, city, and village planning; to provide for the creation, organization, powers, and duties of local planning commissions; to provide for the powers and duties of certain state and local governmental officers and agencies; to provide for the regulation and subdivision of land; and to repeal acts and parts of acts.

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

Roll call No. 93 Yeas—105

Accavitti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons LeBlanc Robertson

Ball Espinoza Leland Rocca

Bauer Farrah Lemmons Sak

Bennett Gaffney Lindberg Schuitmaker

Bieda Gillard Marleau Scott

Booher Gonzales Mayes Shaffer

Brown Green McDowell Sheen

Byrnes Griffin Meadows Sheltrown

Byrum Hammel Meekhof Simpson

Calley Hammon Meisner Smith, Alma

Casperson Hansen Melton Smith, Virgil

Caswell Hildenbrand Meltzer Spade

Caul Hood Miller Stahl

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Dillon

Nays—1

Garfield

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

 house Bill No. 4416, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2501 and 2512 (MCL 339.2501 and 339.2512), section 2501 as amended by 2003 PA 196 and section 2512 as amended by 2002 PA 42, and by adding section 2512d.

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

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Schuitmaker moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Farrah moved to amend the bill as follows:

1. Amend page 10, line 7, after “(E)” by striking out “fURNiShiNg, oR caUSiNg to Be fURNiSheD, a coMPLete aND DetaiLeD cLoSiNg StateMeNt SigNeD BY the BRoKeR oR aSSociate BRoKeR ShoWiNg each PaRtY aLL of the ReceiPtS aND DiSBURSeMeNtS affectiNg that PaRtY.” and inserting “foR a BRoKeR oR aSSociate BRoKeR Who iS iNVoLVeD at the cLoSiNg of a ReaL eState oR BUSiNeSS oPPoRtUNitY tRaNSactioN fURNiShiNg, oR caUSiNg to Be fURNiSheD, to the BUYeR aND SeLLeR, a coMPLete aND DetaiLeD cLoSiNg StateMeNt SigNeD BY the BRoKeR oR aSSociateD BRoKeR ShoWiNg each PaRtY aLL ReceiPtS aND DiSBURSeMeNtS affectiNg that PaRtY.”.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

third Reading of Bills

 house Bill No. 4416, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2501 and 2512 (MCL 339.2501 and 339.2512), section 2501 as amended by 2003 PA 196 and section 2512 as amended by 2002 PA 42, and by adding section 2512d.

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

Roll call No. 94 Yeas—103

Accavitti Donigan Knollenberg Polidori

Amos Ebli LaJoy Proos

Angerer Elsenheimer Law, David Robertson

Ball Emmons LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gaffney Lindberg Scott

Booher Garfield Marleau Shaffer

Brown Gillard Mayes Sheen

Byrnes Gonzales McDowell Sheltrown

Byrum Green Meadows Simpson

Calley Griffin Meekhof Smith, Alma

Casperson Hammel Meisner Smith, Virgil

Caswell Hammon Melton Spade

Caul Hansen Meltzer Stahl

Cheeks Hildenbrand Miller Steil

Clack Hood Moolenaar Tobocman

Clemente Hoogendyk Moore Vagnozzi

Condino Hopgood Moss Valentine

Constan Horn Nitz Walker

Corriveau Huizenga Nofs Ward

Coulouris Hune Opsommer Warren

Cushingberry Jackson Palsrok Wenke

Dean Johnson Pastor Wojno

DeRoche Jones, Rick Pavlov Young

Dillon Jones, Robert Pearce

Nays—3

Agema Lahti Palmer

In The Chair: Sak

The House agreed to the title of the bill.

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

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

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

“Mr. Speaker and members of the House:

This is another unnecessary law that micro manages realtors.”

Second Reading of Bills

 house Bill No. 4417, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2517 (MCL 339.2517), as amended by 2000 PA 436.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

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

1. Amend page 4, line 6, after “(E)” by striking out “fURNiShiNg, oR caUSiNg to Be fURNiSheD, a coMPLete aND DetaiLeD cLoSiNg StateMeNt SigNeD BY the BRoKeR oR aSSociate BRoKeR ShoWiNg each PaRtY aLL of the ReceiPtS aND DiSBURSeMeNtS affectiNg that PaRtY.” and inserting “foR a BRoKeR oR aSSociate BRoKeR Who iS iNVoLVeD at the cLoSiNg of a ReaL eState oR BUSiNeSS oPPoRtUNitY tRaNSactioN fURNiShiNg, oR caUSiNg to Be fURNiSheD, to the BUYeR aND SeLLeR, a coMPLete aND DetaiLeD cLoSiNg StateMeNt SigNeD BY the BRoKeR oR aSSociateD BRoKeR ShoWiNg each PaRtY aLL ReceiPtS aND DiSBURSeMeNtS affectiNg that PaRtY.”.

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

Rep. Farrah 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. 4417, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2517 (MCL 339.2517), as amended by 2000 PA 436.

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

Roll call No. 95 Yeas—103

Accavitti Donigan Knollenberg Polidori

Amos Ebli LaJoy Proos

Angerer Elsenheimer Law, David Robertson

Ball Emmons LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gaffney Lindberg Scott

Booher Garfield Marleau Shaffer

Brown Gillard Mayes Sheen

Byrnes Gonzales McDowell Sheltrown

Byrum Green Meadows Simpson

Calley Griffin Meekhof Smith, Alma

Casperson Hammel Meisner Smith, Virgil

Caswell Hammon Melton Spade

Caul Hansen Meltzer Stahl

Cheeks Hildenbrand Miller Steil

Clack Hood Moolenaar Tobocman

Clemente Hoogendyk Moore Vagnozzi

Condino Hopgood Moss Valentine

Constan Horn Nitz Walker

Corriveau Huizenga Nofs Ward

Coulouris Hune Opsommer Warren

Cushingberry Jackson Palsrok Wenke

Dean Johnson Pastor Wojno

DeRoche Jones, Rick Pavlov Young

Dillon Jones, Robert Pearce

Nays—3

Agema Lahti Palmer

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. 4774, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509v and 509w (MCL 168.509v and 168.509w), as added by 1994 PA 441.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Ethics and Elections (for amendment, see House Journal No. 15, p. 236),

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

Rep. Melton 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. 4774, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509v and 509w (MCL 168.509v and 168.509w), as added by 1994 PA 441.

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

Roll call No. 96 Yeas—99

Accavitti Dillon Jones, Robert Pearce

Amos Donigan Knollenberg Polidori

Angerer Ebli Lahti Proos

Ball Elsenheimer LaJoy Robertson

Bauer Emmons Law, David Rocca

Bennett Espinoza LeBlanc Sak

Bieda Farrah Leland Schuitmaker

Booher Gaffney Lemmons Scott

Brown Gillard Lindberg Shaffer

Byrnes Gonzales Marleau Sheltrown

Byrum Green Mayes Simpson

Calley Griffin McDowell Smith, Alma

Casperson Hammel Meadows Smith, Virgil

Caswell Hammon Meekhof Spade

Caul Hansen Meisner Steil

Cheeks Hildenbrand Melton Tobocman

Clack Hood Miller Vagnozzi

Clemente Hoogendyk Moolenaar Valentine

Condino Hopgood Moore Walker

Constan Horn Moss Ward

Corriveau Huizenga Nitz Warren

Coulouris Hune Nofs Wenke

Cushingberry Jackson Palsrok Wojno

Dean Johnson Pastor Young

DeRoche Jones, Rick Pavlov

Nays—7

Agema Meltzer Palmer Stahl

Garfield Opsommer 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. Bennett, Bieda, Brown, Clack, Clemente, Condino, Corriveau, Donigan, Espinoza, Farrah, Gonzales, Griffin, Hammel, Hammon, Hopgood, Robert Jones, Leland, Lemmons, Mayes, Miller, Polidori, Sak, Schuitmaker, Scott, Alma Smith, Spade, Tobocman, Valentine and Ward were named co-sponsors of the bill.

Second Reading of Bills

 house Bill No. 5739, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509t (MCL 168.509t), as amended by 2004 PA 92.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Ethics and Elections (for amendments, see House Journal No. 15, p. 236),

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

Rep. Pearce 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. 5739, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509t (MCL 168.509t), as amended by 2004 PA 92.

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

Roll call No. 97 Yeas—101

Accavitti Dillon Jones, Robert Pavlov

Agema Donigan Knollenberg Pearce

Amos Ebli Lahti Polidori

Angerer Elsenheimer LaJoy Proos

Ball Emmons Law, David Robertson

Bauer Espinoza LeBlanc Rocca

Bennett Farrah Leland Sak

Bieda Gaffney Lemmons Schuitmaker

Booher Gillard Lindberg Scott

Brown Gonzales Marleau Shaffer

Byrnes Green Mayes Sheltrown

Byrum Griffin McDowell Simpson

Calley Hammel Meadows Smith, Alma

Casperson Hammon Meekhof Smith, Virgil

Caswell Hansen Meisner Spade

Caul Hildenbrand Melton Steil

Cheeks Hood Meltzer Tobocman

Clack Hoogendyk Miller Vagnozzi

Clemente Hopgood Moolenaar Valentine

Condino Horn Moore Walker

Constan Huizenga Moss Ward

Corriveau Hune Nitz Warren

Coulouris Jackson Nofs Wenke

Cushingberry Johnson Palsrok Wojno

Dean Jones, Rick Pastor Young

DeRoche

Nays—5

Garfield Palmer Sheen Stahl

Opsommer

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Reps. Bauer, Bennett, Bieda, Brown, Clack, Clemente, Condino, Constan, Dean, Espinoza, Gonzales, Griffin, Hammel, Hammon, Hildenbrand, Hopgood, Horn, Robert Jones, LeBlanc, Lindberg, Meadows, Melton, Miller, Moolenaar, Schuitmaker, Scott, Shaffer, Simpson, Alma Smith, Tobocman, Vagnozzi and Valentine were named co-sponsors of the bill.

Second Reading of Bills

 house Bill No. 4456, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 394b.

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

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

Rep. Pearce 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. 4456, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 394b.

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

Roll call No. 98 Yeas—106

Accavitti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons LeBlanc Robertson

Ball Espinoza Leland Rocca

Bauer Farrah Lemmons Sak

Bennett Gaffney Lindberg Schuitmaker

Bieda Garfield Marleau Scott

Booher Gillard Mayes Shaffer

Brown Gonzales McDowell Sheen

Byrnes Green Meadows Sheltrown

Byrum Griffin Meekhof Simpson

Calley Hammel Meisner Smith, Alma

Casperson Hammon Melton Smith, Virgil

Caswell Hansen Meltzer Spade

Caul Hildenbrand Miller Stahl

Cheeks Hood Moolenaar Steil

Clack Hoogendyk Moore Tobocman

Clemente Hopgood Moss Vagnozzi

Condino Horn Nitz Valentine

Constan Huizenga Nofs Walker

Corriveau Hune Opsommer Ward

Coulouris Jackson Palmer Warren

Cushingberry Johnson Palsrok Wenke

Dean Jones, Rick Pastor Wojno

DeRoche Jones, Robert Pavlov Young

Dillon Knollenberg

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. Brown, Clack, Dillon, Garfield, Gonzales, Hammel, Hammon, Hildenbrand, Hopgood, Robert Jones, David Law, Marleau, Moolenaar, Opsommer, Schuitmaker, Scott, Shaffer, Spade, Stahl, Tobocman and Vagnozzi were named co-sponsors of the bill.

Second Reading of Bills

 house Bill No. 5663, entitled

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

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Transportation (for amendment, see House Journal No. 17, p. 291),

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

Rep. Donigan 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. 5663, entitled

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

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

Roll call No. 99 Yeas—106

Accavitti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons LeBlanc Robertson

Ball Espinoza Leland Rocca

Bauer Farrah Lemmons Sak

Bennett Gaffney Lindberg Schuitmaker

Bieda Garfield Marleau Scott

Booher Gillard Mayes Shaffer

Brown Gonzales McDowell Sheen

Byrnes Green Meadows Sheltrown

Byrum Griffin Meekhof Simpson

Calley Hammel Meisner Smith, Alma

Casperson Hammon Melton Smith, Virgil

Caswell Hansen Meltzer Spade

Caul Hildenbrand Miller Stahl

Cheeks Hood Moolenaar Steil

Clack Hoogendyk Moore Tobocman

Clemente Hopgood Moss Vagnozzi

Condino Horn Nitz Valentine

Constan Huizenga Nofs Walker

Corriveau Hune Opsommer Ward

Coulouris Jackson Palmer Warren

Cushingberry Johnson Palsrok Wenke

Dean Jones, Rick Pastor Wojno

DeRoche Jones, Robert Pavlov Young

Dillon Knollenberg

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Pending the Second Reading of

 house Bill No. 5453, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3104 and 3107 (MCL 500.3104 and 500.3107), section 3104 as amended by 2002 PA 662 and section 3107 as amended by 1991 PA 191.

Rep. Tobocman moved that the bill be referred to the Committee on Oversight and Investigations.

The motion prevailed.

______

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

The motion prevailed.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Transportation from further consideration of Senate Bill No. 654.

Rep. Hopgood

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Transportation from further consideration of Senate Bill No. 966.

Rep. Hopgood

______

Rep. Opsommer moved that the House adjourn.

The motion prevailed, the time being 4:05 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, February 27, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives

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