No. 19
State of MichigaN
JOURNAL
of the
House of Representatives
94th Legislature
RegULaR SeSSioN of 2008
House Chamber, Lansing, Wednesday, February 27, 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—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—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—excused
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. David B. Robertson, from the 51st District, offered the following invocation:
“O Lord our God in heaven above, You are the Creator, Preserver, Defender and Ruler over everyone who lives on Your earth. As the Founding Fathers of this great nation confessed in their Declaration of Independence, all of our basic rights come from You and transcend the governments of mankind. You have established governments among people to protect and defend them from those who would harm them, not to try to play God by providing all of the blessings of life for them, for that is Your role in our lives, and only You can fill it.
We come to You today as the elected Representatives of the people of the state of Michigan to ask Your guidance upon our business, and Your blessing upon our day. Help us to set aside the politics of party and attend to the needs of the people of our state. Michigan and its people are hurting economically and they are being pressed from all sides. Remind us constantly that in America government is to be of the people, by the people and for the people. May we look beyond our own political careers, and look after the lives and the dreams of our citizens. Guide us with Your Holy Spirit so that we may work together for You and the people of Michigan to do what is right before You and beneficial to our citizens.
We also ask Your protection, O Lord, upon those who serve our nation around the world to bring peace, harmony and freedom to people in far-off lands. Bless their efforts also so that there may be peace among the nations and the peoples of this earth and suffering and strife may be brought to an end.
All this we ask in the name of Your Son, our Savior Jesus Christ. Amen.”
______
Rep. Booher moved that Reps. Stakoe and Ward be excused from today’s session.
The motion prevailed.
Second Reading of Bills
house Bill No. 5554, entitled
A bill to amend 2004 PA 174, entitled “Streamlined sales and use tax administration act,” by amending section 25 (MCL 205.825).
The bill was read a second time.
Rep. Bieda 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. 5554, entitled
A bill to amend 2004 PA 174, entitled “Streamlined sales and use tax administration act,” by amending section 25 (MCL 205.825).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 100 Yeas—107
Accavitti DeRoche Jones, Robert Pavlov
Acciavatti Dillon Knollenberg Pearce
Agema Donigan Lahti Polidori
Amos Ebli LaJoy Proos
Angerer Elsenheimer Law, David Robertson
Ball Emmons Law, Kathleen Rocca
Bauer Espinoza LeBlanc Sak
Bennett Farrah Leland Schuitmaker
Bieda Gaffney Lemmons Scott
Booher Garfield Lindberg Shaffer
Brandenburg Gillard Marleau Sheen
Brown Gonzales Mayes Sheltrown
Byrnes Green McDowell Simpson
Byrum Griffin Meadows Smith, Alma
Calley Hammel Meekhof Smith, Virgil
Casperson Hammon Meisner Spade
Caswell Hansen Melton Stahl
Caul Hildenbrand Meltzer Steil
Cheeks Hood Miller Tobocman
Clack Hoogendyk Moolenaar Vagnozzi
Clemente Hopgood Moore Valentine
Condino Horn Moss Walker
Constan Huizenga Nitz Warren
Corriveau Hune Nofs Wenke
Coulouris Jackson Opsommer Wojno
Cushingberry Johnson Palsrok Young
Dean Jones, Rick Pastor
Nays—1
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. 5555, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 1, 1a, 4g, 4k, 4bb, 12, 18, and 21 (MCL 205.51, 205.51a, 205.54g, 205.54k, 205.54bb, 205.62, 205.68, and 205.71), sections 1, 4g, and 4k as amended and sections 12, 18, and 21 as added by 2004 PA 173, section 1a as amended by 2006 PA 434, and section 4bb as added by 2004 PA 301; 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-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Condino moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
third Reading of Bills
house Bill No. 5555, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 1, 1a, 4g, 4k, 4bb, 12, 18, and 21 (MCL 205.51, 205.51a, 205.54g, 205.54k, 205.54bb, 205.62, 205.68, and 205.71), sections 1, 4g, and 4k as amended and sections 12, 18, and 21 as added by 2004 PA 173, section 1a as amended by 2006 PA 434, and section 4bb as added by 2004 PA 301; 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. 101 Yeas—99
Accavitti Dillon Lahti Polidori
Acciavatti Donigan LaJoy Proos
Amos Ebli Law, David Robertson
Angerer Elsenheimer Law, Kathleen Rocca
Ball Emmons LeBlanc Sak
Bauer Espinoza Leland Schuitmaker
Bennett Farrah Lemmons Scott
Bieda Gaffney Lindberg Shaffer
Booher Gillard Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caul Hildenbrand Meltzer Steil
Cheeks Hood Miller Tobocman
Clack Hopgood Moolenaar Vagnozzi
Clemente Horn Moore Valentine
Condino Huizenga Nitz Walker
Constan Jackson Nofs Warren
Corriveau Johnson Palsrok Wenke
Coulouris Jones, Rick Pastor Wojno
Cushingberry Jones, Robert Pavlov Young
Dean Knollenberg Pearce
Nays—9
Agema Garfield Hune Opsommer
Caswell Hoogendyk Moss Palmer
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. 5556, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 2, 2b, 3a, 3b, 3c, 4d, 4i, 7, 13, 14a, and 14b (MCL 205.92, 205.92b, 205.93a, 205.93b, 205.93c, 205.94d, 205.94i, 205.97, 205.103, 205.104a, and 205.104b), sections 2 and 7 as amended by 2007 PA 103, section 2b as amended by 2006 PA 428, section 3a as amended by 2007 PA 93, section 3b as added by 2002 PA 456, sections 3c, 13, 14a, and 14b as added and section 4d as amended by 2004 PA 172, and section 4i as added by 1986 PA 41; 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 Tax Policy,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Bieda moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Bieda 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. 5556, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 2, 2b, 3a, 3b, 3c, 4d, 4i, 7, 13, 14a, and 14b (MCL 205.92, 205.92b, 205.93a, 205.93b, 205.93c, 205.94d, 205.94i, 205.97, 205.103, 205.104a, and 205.104b), sections 2 and 7 as amended by 2007 PA 103, section 2b as amended by 2006 PA 428, section 3a as amended by 2007 PA 93, section 3b as added by 2002 PA 456, sections 3c, 13, 14a, and 14b as added and section 4d as amended by 2004 PA 172, and section 4i as added by 1986 PA 41; 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. 102 Yeas—94
Accavitti Dillon LaJoy Proos
Acciavatti Donigan Law, David Robertson
Amos Ebli Law, Kathleen Rocca
Angerer Elsenheimer LeBlanc Sak
Ball Emmons Leland Schuitmaker
Bauer Espinoza Lemmons Scott
Bennett Farrah Lindberg Shaffer
Bieda Gaffney Mayes Sheen
Booher Gillard McDowell Sheltrown
Brown Gonzales Meadows Simpson
Byrnes Green Meekhof Smith, Alma
Byrum Griffin Meisner Smith, Virgil
Calley Hammel Melton Spade
Casperson Hammon Miller Stahl
Caul Hansen Moolenaar Steil
Cheeks Hildenbrand Moore Tobocman
Clack Hood Nitz Vagnozzi
Clemente Hopgood Nofs Valentine
Condino Horn Palsrok Walker
Constan Jackson Pastor Warren
Corriveau Johnson Pavlov Wenke
Coulouris Jones, Rick Pearce Wojno
Cushingberry Jones, Robert Polidori Young
Dean Lahti
Nays—14
Agema Garfield Knollenberg Moss
Brandenburg Hoogendyk Marleau Opsommer
Caswell Huizenga Meltzer Palmer
DeRoche 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. 5041, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 520c (MCL 750.520c), as amended by 2006 PA 171.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Meadows 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. Meadows 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. 5041, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 520c (MCL 750.520c), as amended by 2006 PA 171.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Angerer moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
house Bill No. 4380, entitled
A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” (MCL 205.171 to 205.191) by adding section 10.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Bieda 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. Bieda moved to amend the bill as follows:
1. Amend page 2, following line 17, by inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) House Bill No. 5555.
(b) House Bill No. 5556.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Accavitti 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. 4380, entitled
A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” (MCL 205.171 to 205.191) by adding section 10.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 103 Yeas—106
Accavitti DeRoche Knollenberg 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 Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Steil
Cheeks Hoogendyk Moolenaar Tobocman
Clack Hopgood Moore Vagnozzi
Clemente Horn Moss Valentine
Condino Huizenga Nitz Walker
Constan Hune Nofs Warren
Corriveau Jackson Palmer Wenke
Coulouris Johnson Palsrok Wojno
Cushingberry Jones, Rick Pastor Young
Dean Jones, Robert
Nays—2
Garfield Opsommer
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” (MCL 205.171 to 205.191) by adding section 12.
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.
The House returned to the consideration of
house Bill No. 5041, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 520c (MCL 750.520c), as amended by 2006 PA 171.
(The bill was considered earlier today, see today’s Journal, p. 322.)
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 104 Yeas—108
Accavitti DeRoche Jones, Robert Pastor
Acciavatti Dillon Knollenberg Pavlov
Agema Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Scott
Brandenburg Gillard Marleau Shaffer
Brown Gonzales Mayes Sheen
Byrnes Green McDowell Sheltrown
Byrum Griffin Meadows Simpson
Calley Hammel Meekhof Smith, Alma
Casperson Hammon Meisner Smith, Virgil
Caswell Hansen Melton Spade
Caul Hildenbrand Meltzer Stahl
Cheeks Hood Miller Steil
Clack Hoogendyk Moolenaar Tobocman
Clemente Hopgood Moore Vagnozzi
Condino Horn Moss Valentine
Constan Huizenga Nitz Walker
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
Nays—0
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 520c (MCL 750.520c), as amended by 2007 PA 163.
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.
Second Reading of Bills
house Bill No. 5467, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 4d, 10a, 64a, 648a, 803s, and 803t.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Sheltrown moved to amend the bill as follows:
1. Amend page 2, line 8, after “ReSeMBLeS.” by striking out “A” and inserting “foR a RePLica cUStoM VehicLe that WaS Not coNStRUcteD BY a LiceNSeD MaNUfactUReR BUt WaS coNStRUcteD oR aSSeMBLeD fRoM coMPoNeNtS, a”.
2. Amend page 3, line 26, after “ReSeMBLeS.” by striking out “A” and inserting “foR a RePLica StReet RoD VehicLe that WaS Not coNStRUcteD BY a LiceNSeD MaNUfactUReR BUt WaS coNStRUcteD oR aSSeMBLeD fRoM coMPoNeNtS, a”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Casperson moved to amend the bill as follows:
1. Amend page 2, line 13, by striking out all of subsection (2) and renumbering the remaining subsections.
2. Amend page 4, line 4, by striking out all of subsection (2) and renumbering the remaining subsections.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Sheltrown 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. 5467, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 4d, 10a, 64a, 803s, and 803t.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 105 Yeas—107
Accavitti DeRoche Knollenberg 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 Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Steil
Cheeks Hoogendyk Moolenaar Tobocman
Clack Hopgood Moore Vagnozzi
Clemente Horn Moss Valentine
Condino Huizenga Nitz Walker
Constan Hune Nofs Warren
Corriveau Jackson Opsommer Wenke
Coulouris Johnson Palmer Wojno
Cushingberry Jones, Rick Palsrok Young
Dean Jones, Robert Pastor
Nays—1
Garfield
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 10a, 64a, 803s, and 803t.
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.
Second Reading of Bills
house Bill No. 4915, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2006 PA 156.
The bill was read a second time.
Rep. Sheltrown 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. 4915, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2006 PA 156.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 106 Yeas—108
Accavitti DeRoche Jones, Robert Pastor
Acciavatti Dillon Knollenberg Pavlov
Agema Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Scott
Brandenburg Gillard Marleau Shaffer
Brown Gonzales Mayes Sheen
Byrnes Green McDowell Sheltrown
Byrum Griffin Meadows Simpson
Calley Hammel Meekhof Smith, Alma
Casperson Hammon Meisner Smith, Virgil
Caswell Hansen Melton Spade
Caul Hildenbrand Meltzer Stahl
Cheeks Hood Miller Steil
Clack Hoogendyk Moolenaar Tobocman
Clemente Hopgood Moore Vagnozzi
Condino Horn Moss Valentine
Constan Huizenga Nitz Walker
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
house Bill No. 4916, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2002 PA 124.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 16, p. 265),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Corriveau 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. 4916, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2002 PA 124.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 107 Yeas—108
Accavitti DeRoche Jones, Robert Pastor
Acciavatti Dillon Knollenberg Pavlov
Agema Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Scott
Brandenburg Gillard Marleau Shaffer
Brown Gonzales Mayes Sheen
Byrnes Green McDowell Sheltrown
Byrum Griffin Meadows Simpson
Calley Hammel Meekhof Smith, Alma
Casperson Hammon Meisner Smith, Virgil
Caswell Hansen Melton Spade
Caul Hildenbrand Meltzer Stahl
Cheeks Hood Miller Steil
Clack Hoogendyk Moolenaar Tobocman
Clemente Hopgood Moore Vagnozzi
Condino Horn Moss Valentine
Constan Huizenga Nitz Walker
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
house Bill No. 4917, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2002 PA 142.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Valentine 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. 4917, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2002 PA 142.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 108 Yeas—108
Accavitti DeRoche Jones, Robert Pastor
Acciavatti Dillon Knollenberg Pavlov
Agema Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Scott
Brandenburg Gillard Marleau Shaffer
Brown Gonzales Mayes Sheen
Byrnes Green McDowell Sheltrown
Byrum Griffin Meadows Simpson
Calley Hammel Meekhof Smith, Alma
Casperson Hammon Meisner Smith, Virgil
Caswell Hansen Melton Spade
Caul Hildenbrand Meltzer Stahl
Cheeks Hood Miller Steil
Clack Hoogendyk Moolenaar Tobocman
Clemente Hopgood Moore Vagnozzi
Condino Horn Moss Valentine
Constan Huizenga Nitz Walker
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
Nays—0
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2007 PA 156.
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.
Second Reading of Bills
house Bill No. 4918, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” (MCL 780.751 to 780.834) by adding section 16b.
The bill was read a second time.
Rep. Condino moved to amend the bill as follows:
1. Amend page 1, line 5, after “coURt” by striking out “ShaLL” and inserting “MAY”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Dean 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. 4918, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” (MCL 780.751 to 780.834) by adding section 16b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 109 Yeas—104
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 Sheen
Byrnes Green McDowell Sheltrown
Byrum Griffin Meadows Simpson
Calley Hammel Meekhof Smith, Alma
Casperson Hammon Meisner Smith, Virgil
Caswell Hansen Melton Spade
Caul Hildenbrand Meltzer Stahl
Cheeks Hood Miller Steil
Clack Hoogendyk Moolenaar Tobocman
Clemente Hopgood Moore Vagnozzi
Condino Horn Moss Valentine
Constan Huizenga Nitz Walker
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palsrok Wojno
Dean Jones, Rick Pastor Young
Nays—4
Agema Garfield Knollenberg Palmer
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Palmer, Knollenberg and Agema, having reserved the right to explain their protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I am voting no on this bill because while I have always strongly supported a ban on human trafficking, as evidenced by my votes for House Bills 4914, 4915, 4916, and 4917, I am concerned about certain unintended consequences. Those who are in this country illegally would be eligible for all of the protections and remedies offered under this package. I strongly oppose illegal immigration, and an illegal caught up in a trafficking situation would not have been in the position to be exploited had they not entered the country illegally in the first place. In a way, this package could reward an individual who engaged in an illegal act, and I am opposed to that eventuality. Even in such case where the victim’s illegal status is a result of forcible abduction, there are other remedies afforded in the law to penalize the perpetrator, and protect the victim. This issue could have been simply averted with an amendment addressing the illegal immigrant scenario.”
Second Reading of Bills
house Bill No. 4914, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 462j.
The bill was read a second time.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 3, line 4, after “VICTIM” by striking out the balance of the subsection and inserting “IN THE MaNNeR PRoViDeD iN SectioN 16B of the WiLLiaM VaN RegeNMoRteR cRiMe VictiM’S RightS act, 1985 Pa 87, McL 780.16B, aND to ReiMBURSe aNY goVeRNMeNtaL eNtitY foR itS eXPeNSeS iNcURReD aS a ReSULt of the VioLatioN, iN the MaNNeR PRoViDeD iN SectioN 1f of chaPteR iX of the coDe of cRiMiNaL PRoceDURe, 1927 Pa 175, McL 769.1f.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 5, following line 3, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4918 of the 94th Legislature is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 1, line 9, after “ACT,” by inserting “oR if the VioLatioN iNVoLVeS SeRioUS PhYSicaL haRM to aNY PeRSoN,”.
2. Amend page 2, line 2, after “OF” by striking out the balance of the line through “TO” on line 3.
3. Amend page 2, line 14, after “ACT,” by inserting “oR if the VioLatioN iNVoLVeS SeRioUS PhYSicaL haRM to aNY PeRSoN,”.
4. Amend page 2, line 17, after “OF” by striking out the balance of the line through “TO” on line 18.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Spade 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. 4914, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 462j.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 110 Yeas—108
Accavitti DeRoche Jones, Robert Pastor
Acciavatti Dillon Knollenberg Pavlov
Agema Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Scott
Brandenburg Gillard Marleau Shaffer
Brown Gonzales Mayes Sheen
Byrnes Green McDowell Sheltrown
Byrum Griffin Meadows Simpson
Calley Hammel Meekhof Smith, Alma
Casperson Hammon Meisner Smith, Virgil
Caswell Hansen Melton Spade
Caul Hildenbrand Meltzer Stahl
Cheeks Hood Miller Steil
Clack Hoogendyk Moolenaar Tobocman
Clemente Hopgood Moore Vagnozzi
Condino Horn Moss Valentine
Constan Huizenga Nitz Walker
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer 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
Reports of Standing committees
The Committee on Commerce, by Rep. Meisner, Chair, reported
house Bill No. 5609, entitled
A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12a (MCL 125.2162a), as amended by 2004 PA 365.
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. Meisner, Robert Jones, Byrum, Clemente, Coulouris, Dean, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand and Meltzer
Nays: Rep. Huizenga
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meisner, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Wednesday, February 27, 2008
Present: Reps. Meisner, Robert Jones, Byrum, Clemente, Coulouris, Dean, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Knollenberg and Meltzer
Absent: Reps. Accavitti, Palsrok, Stakoe and Rick Jones
Excused: Reps. Accavitti, Palsrok, Stakoe and Rick Jones
Second Reading of Bills
house Bill No. 5609, entitled
A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12a (MCL 125.2162a), as amended by 2004 PA 365.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Commerce,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Simpson 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. 5609, entitled
A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12a (MCL 125.2162a), as amended by 2004 PA 365.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 111 Yeas—79
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Rick Proos
Ball Dillon Jones, Robert Rocca
Bauer Donigan Lahti Sak
Bennett Ebli LaJoy Scott
Bieda Emmons Law, David Sheltrown
Brown Espinoza Law, Kathleen Simpson
Byrnes Farrah LeBlanc Smith, Alma
Byrum Gaffney Leland Smith, Virgil
Calley Gillard Lemmons Spade
Casperson Gonzales Lindberg Stahl
Caswell Griffin Mayes Steil
Caul Hammel McDowell Tobocman
Cheeks Hammon Meadows Vagnozzi
Clack Hildenbrand Meisner Valentine
Clemente Hood Melton Warren
Condino Hopgood Miller Wenke
Constan Horn Moolenaar Wojno
Corriveau Hune Moore Young
Coulouris Jackson Nofs
Nays—29
Acciavatti Green Meltzer Pavlov
Agema Hansen Moss Pearce
Amos Hoogendyk Nitz Robertson
Booher Huizenga Opsommer Schuitmaker
Brandenburg Knollenberg Palmer Shaffer
DeRoche Marleau Palsrok Sheen
Elsenheimer Meekhof Pastor Walker
Garfield
In The Chair: Sak
The House agreed to the title of the bill.
______
Rep. Elsenheimer, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
My concern with regard to this legislation is its clear political nature, rather than reliance on sound process. There are good reasons to create these zones; however, when a bill is noticed and moved with this kind of speed, concerns over its effect — including unintended consequences like a watered down demand for existing underutilized zones — are set aside by the majority in favor of political expediency. Let’s hope the Senate will consider the larger issues associated with these zones.”
Rep. Angerer moved that the bill be given immediate effect.
The question being on the motion made by Rep. Angerer,
Rep. Hildenbrand demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Angerer,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll call No. 112 Yeas—61
Accavitti Cushingberry Jackson Nofs
Angerer Dean Johnson Polidori
Ball Dillon Jones, Robert Rocca
Bauer Donigan Lahti Sak
Bennett Ebli Law, Kathleen Scott
Bieda Espinoza LeBlanc Sheltrown
Brown Farrah Leland Simpson
Byrnes Gillard Lemmons Smith, Virgil
Byrum Gonzales Lindberg Spade
Cheeks Griffin Mayes Tobocman
Clack Hammel McDowell Vagnozzi
Clemente Hammon Meadows Valentine
Condino Hood Meisner Warren
Constan Hopgood Melton Wojno
Corriveau Hune Miller Young
Coulouris
Nays—46
Acciavatti Garfield Meekhof Pearce
Agema Green Meltzer Proos
Amos Hansen Moolenaar Robertson
Booher Hildenbrand Moore Schuitmaker
Brandenburg Hoogendyk Moss Shaffer
Calley Horn Nitz Sheen
Casperson Huizenga Opsommer Smith, Alma
Caswell Jones, Rick Palmer Stahl
Caul Knollenberg Palsrok Steil
DeRoche LaJoy Pastor Walker
Elsenheimer Law, David Pavlov Wenke
Emmons Marleau
In The Chair: Sak
Rep. Angerer moved that the bill be given immediate effect.
The question being on the motion made by Rep. Angerer,
Rep. Hildenbrand demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Angerer,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll call No. 113 Yeas—64
Accavitti Coulouris Jackson Nofs
Angerer Cushingberry Johnson Polidori
Ball Dean Jones, Rick Rocca
Bauer Dillon Jones, Robert Sak
Bennett Donigan Lahti Scott
Bieda Ebli Law, Kathleen Sheltrown
Brown Espinoza LeBlanc Simpson
Byrnes Farrah Leland Smith, Virgil
Byrum Gillard Lemmons Spade
Calley Gonzales Lindberg Stahl
Cheeks Griffin Mayes Tobocman
Clack Hammel McDowell Vagnozzi
Clemente Hammon Meadows Valentine
Condino Hood Meisner Warren
Constan Hopgood Melton Wojno
Corriveau Hune Miller Young
Nays—43
Acciavatti Gaffney Marleau Pavlov
Agema Garfield Meekhof Pearce
Amos Green Meltzer Proos
Booher Hansen Moolenaar Robertson
Brandenburg Hildenbrand Moore Schuitmaker
Casperson Hoogendyk Moss Shaffer
Caswell Horn Nitz Sheen
Caul Huizenga Opsommer Steil
DeRoche Knollenberg Palmer Walker
Elsenheimer LaJoy Palsrok Wenke
Emmons Law, David Pastor
In The Chair: Sak
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Hopgood moved that the Committee on Transportation be discharged from further consideration of Senate Bill No. 654.
(For first notice see House Journal No. 18, p. 316.)
The question being on the motion made by Rep. Hopgood,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Hopgood moved that the Committee on Transportation be discharged from further consideration of Senate Bill No. 966.
(For first notice see House Journal No. 18, p. 316.)
The question being on the motion made by Rep. Hopgood,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
Senate Bill No. 654, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending sections 1, 1a, and 2 (MCL 28.291, 28.291a, and 28.292), sections 1 and 2 as amended by 2005 PA 143 and section 1a as added by 1997 PA 99.
The bill was read a second time.
Rep. Hopgood moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hopgood moved to amend the bill as follows:
1. Amend page 11, line 17, after “PURPOSE” by striking out “aS SPecificaLLY”.
2. Amend page 11, line 18, after “A” by striking out “PURPOSE” and inserting “USE”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Angerer 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
Senate Bill No. 654, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending sections 1, 1a, and 2 (MCL 28.291, 28.291a, and 28.292), sections 1 and 2 as amended by 2005 PA 143 and section 1a as added by 1997 PA 99.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 114 Yeas—104
Accavitti DeRoche Jones, Rick Palsrok
Acciavatti Dillon Jones, Robert Pastor
Agema Donigan Knollenberg Pavlov
Amos Ebli Lahti Pearce
Angerer Elsenheimer LaJoy Polidori
Ball Emmons Law, David Proos
Bauer Espinoza Law, Kathleen Robertson
Bennett Farrah LeBlanc Rocca
Bieda Gaffney Leland Sak
Booher Garfield Lemmons Schuitmaker
Brandenburg Gillard Lindberg Scott
Brown Gonzales Marleau Shaffer
Byrnes Green Mayes Sheen
Byrum Griffin McDowell Sheltrown
Calley Hammel Meadows Simpson
Casperson Hammon Meekhof Smith, Alma
Caswell Hansen Meisner Smith, Virgil
Caul Hildenbrand Melton Spade
Cheeks Hood Meltzer Stahl
Clack Hoogendyk Miller Steil
Clemente Hopgood Moolenaar Vagnozzi
Condino Horn Moore Valentine
Constan Huizenga Moss Walker
Corriveau Hune Nitz Warren
Coulouris Jackson Nofs Wenke
Dean Johnson Opsommer Wojno
Nays—3
Cushingberry Tobocman Young
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 966, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending sections 1a and 8 (MCL 28.291a and 28.298), as added by 1997 PA 99, and by adding section 9a.
The bill was read a second time.
Rep. Hopgood moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Angerer 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
Senate Bill No. 966, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending sections 1a and 8 (MCL 28.291a and 28.298), as added by 1997 PA 99, and by adding section 9a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 115 Yeas—108
Accavitti DeRoche Jones, Robert Pastor
Acciavatti Dillon Knollenberg Pavlov
Agema Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Scott
Brandenburg Gillard Marleau Shaffer
Brown Gonzales Mayes Sheen
Byrnes Green McDowell Sheltrown
Byrum Griffin Meadows Simpson
Calley Hammel Meekhof Smith, Alma
Casperson Hammon Meisner Smith, Virgil
Caswell Hansen Melton Spade
Caul Hildenbrand Meltzer Stahl
Cheeks Hood Miller Steil
Clack Hoogendyk Moolenaar Tobocman
Clemente Hopgood Moore Vagnozzi
Condino Horn Moss Valentine
Constan Huizenga Nitz Walker
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
Nays—0
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 8 (MCL 28.298), as added by 1997 PA 99 and by adding section 9a.
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.
Second Reading of Bills
house Bill No. 4611, entitled
A bill to authorize a process for retired law enforcement officers to carry concealed firearms in this state; to prescribe certain powers and duties of the commission on law enforcement standards; to impose certain civil and criminal penalties; to impose certain requirements on persons issued certificates to carry concealed firearms; to provide for certain civil immunity; to allow for the collection of certain fees; to create certain funds; to provide for the forfeiture of firearms under certain circumstances; and to provide for the promulgation of rules.
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. 70 of 2007, p. 1137),
The amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Rick Jones moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Condino moved to amend the bill as follows:
1. Amend page 12, line 7, after “January 1,” by striking out “2008” and inserting “2009”.
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.
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. 4611, entitled
A bill to authorize a process for retired law enforcement officers to carry concealed firearms in this state; to prescribe certain powers and duties of the commission on law enforcement standards; to impose certain civil and criminal penalties; to impose certain requirements on persons issued certificates to carry concealed firearms; to provide for certain civil immunity; to allow for the collection of certain fees; to create certain funds; to provide for the forfeiture of firearms under certain circumstances; and to provide for the promulgation of rules.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 116 Yeas—106
Accavitti DeRoche Knollenberg Pastor
Acciavatti Dillon Lahti Pavlov
Agema Donigan LaJoy Pearce
Amos Ebli Law, David Polidori
Angerer Elsenheimer Law, Kathleen Proos
Ball Emmons LeBlanc Robertson
Bauer Espinoza Leland Rocca
Bennett Farrah Lemmons Sak
Bieda Gaffney Lindberg Schuitmaker
Booher Garfield Marleau Scott
Brandenburg 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 Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Warren
Coulouris Johnson Palmer Wenke
Cushingberry Jones, Rick Palsrok Wojno
Dean Jones, Robert
Nays—2
Hood Young
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to authorize a process for retired law enforcement officers to carry concealed firearms in this state; to prescribe certain powers and duties of the commission on law enforcement standards and law enforcement agencies; to impose certain civil and criminal penalties; to impose certain requirements on persons issued certificates to carry concealed firearms; to provide for certain civil immunity; to allow for the collection of certain fees; to create certain funds; to provide for the forfeiture of firearms under certain circumstances; and to provide for the promulgation of rules.
The motion prevailed.
The House agreed to the title as amended.
Second Reading of Bills
house Bill No. 4612, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2005 PA 207.
The bill was read a second time.
Rep. Condino moved to amend the bill as follows:
1. Amend page 4, line 9, after “1,” by striking out “2008” and inserting “2009”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Espinoza 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. 4612, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2005 PA 207.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll call No. 117 Yeas—108
Accavitti DeRoche Jones, Robert Pastor
Acciavatti Dillon Knollenberg Pavlov
Agema Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Scott
Brandenburg Gillard Marleau Shaffer
Brown Gonzales Mayes Sheen
Byrnes Green McDowell Sheltrown
Byrum Griffin Meadows Simpson
Calley Hammel Meekhof Smith, Alma
Casperson Hammon Meisner Smith, Virgil
Caswell Hansen Melton Spade
Caul Hildenbrand Meltzer Stahl
Cheeks Hood Miller Steil
Clack Hoogendyk Moolenaar Tobocman
Clemente Hopgood Moore Vagnozzi
Condino Horn Moss Valentine
Constan Huizenga Nitz Walker
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
______
Rep. Cushingberry asked and obtained an excuse from session on Wednesday, March 12, 2008.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Polidori, Brown, Espinoza, Spade, Gillard, Hopgood, Angerer, Ebli, Byrnes, Gonzales, Mayes, Miller, Sheltrown, Hune, Gaffney, Accavitti, Bauer, Bieda, Booher, Brandenburg, Clack, Condino, Constan, Cushingberry, Dean, Hammel, Hammon, Hood, Huizenga, Rick Jones, Robert Jones, LeBlanc, Lemmons, Meadows, Meisner, Palmer, Proos, Sak, Scott, Tobocman and Valentine offered the following resolution:
house Resolution No. 285.
A resolution to encourage the Office of Financial and Insurance Regulations to work cooperatively with all stakeholders to facilitate the offering of insurance discounts for alternative energy vehicles in Michigan.
Whereas, The nation and the state are facing historical energy challenges. Gasoline prices are skyrocketing, and concerns over global warming are deepening. The once vibrant manufacturing economy in Michigan and other Midwest states is worsening. The increased use of alternative energy vehicles can provide a way to meet our energy challenges and stimulate Michigan’s economy; and
Whereas, Alternative energy vehicles can decrease our dependence on imported petroleum and reduce carbon dioxide emissions. Alternative energy vehicles include hybrid electric vehicles and hydrogen fuel cell vehicles, as well as vehicles fueled with ethanol, biodiesel, and propane. These vehicles use little or no gasoline and have substantially fewer greenhouse gas emissions; and
Whereas, Auto insurance discounts offer an innovative way to spur the purchase of alternative energy vehicles and spur growth in the alternative energy industry. At least two insurance companies, Travelers and Farmers Insurance Group, offer auto insurance discounts for people who own alternative energy vehicles. This type of policy can provide an added incentive for consumers to help spur the purchase of alternative energy vehicles. Increasing the number of alternative energy vehicles driven increases the market for renewable fuels, benefits our environment, and creates jobs; and
Whereas, The Office of Financial and Insurance Regulations is responsible for regulating insurance companies and protecting the interests of Michigan consumers. Travelers and Farmers Insurance Group are only two of the many insurance companies that provide insurance in Michigan. Clearly, the interests of consumers would be better served if more regulated insurance companies in Michigan were to offer an alternative energy vehicle discount; now, therefore, be it
Resolved by the House of Representatives, That we encourage the Office of Financial and Insurance Regulations to work cooperatively with all stakeholders to facilitate the offering of insurance discounts for alternative energy vehicles in Michigan; and be it further
Resolved, That copies of this resolution be transmitted to the Commissioner of the Office of Financial and Insurance Regulations.
The resolution was referred to the Committee on Agriculture.
Reps. Melton, Accavitti, Ball, Bauer, Bieda, Booher, Brandenburg, Brown, Casperson, Clack, Condino, Constan, Cushingberry, Dean, Elsenheimer, Espinoza, Garfield, Gonzales, Hammel, Hammon, Hansen, Hildenbrand, Hood, Hopgood, Huizenga, Rick Jones, Robert Jones, Knollenberg, David Law, LeBlanc, Lemmons, Mayes, Meadows, Meisner, Nitz, Palsrok, Polidori, Proos, Rocca, Sak, Schuitmaker, Shaffer, Spade, Stahl, Steil, Tobocman, Vagnozzi, Valentine and Warren offered the following resolution:
house Resolution No. 286.
A resolution to commemorate the 50th anniversary of the Detroit Pistons franchise.
Whereas, Since the original owner, Mr. Wayne Zollner, moved the Pistons in 1957 from Fort Wayne to Detroit, the Pistons have become a valuable member of the Metro Detroit community and the entire state; and
Whereas, The Pistons remain one of the oldest and most successful members of the National Basketball Association (NBA). During this time, the Pistons organization has cultivated a strong network of community support and involvement; and
Whereas, Losing seasons and relocation has often threatened a franchise, the Pistons organizational resiliency brought them through tough years and ushered in a period of great success. By the 1980s, the Pistons had become one of the premier teams in the league; and
Whereas, The emergence of consistently winning teams occurred under the auspices of hard work and tough play. The era of the “Bad Boys” will always be remembered as a team of hard working individuals prevailing over a new paradigm of basketball superstars. The Pistons most recent championship, in 2004, continues to exemplify their tough, team-orientated play; and
Whereas, Amidst the championships of the late 1980s and early 1990s, the team re-energized the community’s interest in the organization. From this success, the Pistons formulated its community relations department in 1989; and
Whereas, The Pistons 50th anniversary commemorates their success working with the local community. The numerous youth programs and local charities that the Pistons have allied with have met with great success. On top of the active development of NBA programs, the Detroit Pistons have taken proactive steps to demonstrate their interest in the local communities. The Piston’s Palace Foundation routinely sponsors local charities and partners to donate Pistons tickets, merchandise, and player participation; now, therefore, be it
Resolved by the House of Representatives, that we commemorate the 50th anniversary of the Detroit Pistons franchise. Today the Pistons continue to stand out in the NBA and in the involvement of outside projects. The dedication of the Pistons players and staff has exceeded all expectations. Some players have even ventured to develop their own personal charities for local youths. Their continued dedication to community and to the positive development of local youth is immeasurable, and be it further
Resolved, That the Pistons have set a benchmark of community leadership on and off the court throughout their 50 years in Southeast Michigan. We use this occasion to honor their work and express our appreciation for their years of service and entertainment. We give our support and wish them good luck in the rest of the season.
Pending the reference of the resolution to a committee,
Rep. Angerer 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 Wednesday, February 27:
house Bill Nos. 5793 5794 5795 5796 5797 5798 5799 5800 5801 5802 5803 5804 5805 5806
5807 5808 5809 5810 5811 5812 5813 5814 5815 5816 5817 5818 5819 5820
Senate Bill Nos. 1135 1136
Reports of Standing committees
The Committee on Judiciary, by Rep. Condino, Chair, reported
house Bill No. 5160, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625 (MCL 257.625), as amended by 2006 PA 564.
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. Condino, Coulouris, Bieda, Corriveau, Meadows, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Rick Jones and Rocca
Nays: None
The Committee on Judiciary, by Rep. Condino, Chair, reported
house Bill No. 5560, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 81e.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Warren, Schuitmaker, David Law, Elsenheimer, Rick Jones and Rocca
Nays: None
The Committee on Judiciary, by Rep. Condino, Chair, reported
house Bill No. 5561, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2005 PA 336.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Warren, Schuitmaker, David Law, Elsenheimer, Rick Jones and Rocca
Nays: None
The Committee on Judiciary, by Rep. Condino, Chair, reported
house Bill No. 5562, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 81e.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Warren, Schuitmaker, David Law, Rick Jones and Rocca
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Condino, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, February 27, 2008
Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Rick Jones and Rocca
Absent: Rep. Stakoe
Excused: Rep. Stakoe
The Committee on Intergovernmental, Urban and Regional Affairs, by Rep. Byrum, Chair, reported
house Bill No. 5206, entitled
A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 126 (MCL 125.526), as amended by 2000 PA 479.
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. Byrum, Young, Coulouris, Farrah, Johnson, Meadows, Pavlov, Nitz, Meekhof and Opsommer
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrum, Chair, of the Committee on Intergovernmental, Urban and Regional Affairs, was received and read:
Meeting held on: Wednesday, February 27, 2008
Present: Reps. Byrum, Young, Coulouris, Farrah, Johnson, Meadows, Pavlov, Nitz, Meekhof and Opsommer
Absent: Rep. Tobocman
Excused: Rep. Tobocman
The Committee on Energy and Technology, by Rep. Accavitti, Chair, reported
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.
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. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Melton, Miller, Nofs, Palsrok, Garfield, Huizenga, Moolenaar, Horn and Opsommer
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Accavitti, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Wednesday, February 27, 2008
Present: Reps. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Melton, Miller, Nofs, Palsrok, Garfield, Huizenga, Moolenaar, Horn and Opsommer
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
house Bill No. 5459, entitled
A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 2 (MCL 207.842), as amended by 2006 PA 554.
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. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
house Bill No. 5723, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 426.
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. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Palmer, Wenke and Calley
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bieda, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, February 27, 2008
Present: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Palmer, Wenke and Calley
Absent: Reps. Steil and Pastor
Excused: Reps. Steil and Pastor
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
Senate Bill No. 523, entitled
A bill to authorize the state administrative board to convey certain state owned property in Lapeer county; to prescribe certain conditions for the conveyance; to prescribe certain powers and duties of the department of management and budget; and to provide for the disposition of the revenue derived from the conveyance.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cushingberry, Gillard, Bauer, Bennett, Cheeks, Espinoza, Gonzales, Hammel, Hood, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Shaffer, Brandenburg, Amos, Booher, Caul, Hansen, Proos, Agema and Moss
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, February 27, 2008
Present: Reps. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Brandenburg, Amos, Booher, Caul, Hansen, Proos, Agema and Moss
Absent: Rep. Nofs
Excused: Rep. Nofs
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
house Bill No. 4703, entitled
A bill to designate an official amphibian of this state.
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. Warren, Donigan, Ebli, Kathleen Law, Leland, Meadows, Miller, Valentine, Emmons and Walker
Nays: Rep. Palmer
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:
Meeting held on: Wednesday, February 27, 2008
Present: Reps. Warren, Donigan, Ebli, Griffin, Kathleen Law, Leland, Meadows, Miller, Valentine, Robertson, Palmer, Emmons, Moolenaar, Walker and Meekhof
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Condino, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, February 26, 2008
Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Schuitmaker, David Law, Elsenheimer and Rocca
Absent: Reps. Virgil Smith, Warren, Stakoe and Rick Jones
Excused: Reps. Virgil Smith, Warren, Stakoe and Rick Jones
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Clack, Chair, of the Committee on Families and Children’s Services, was received and read:
Meeting held on: Wednesday, February 27, 2008
Present: Reps. Clack, Dean, Accavitti, Hammon, Wojno, Sheen, Stahl, Hoogendyk and Palmer
Messages from the Senate
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 Senate has concurred in the House amendment to the Senate substitute (S-1) and ordered that the bill be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
house Bill No. 5290, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending sections 11 and 12 (MCL 445.1661 and 445.1662), section 11 as amended by 2002 PA 391.
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.
house Bill No. 5291, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending section 14 (MCL 445.1664).
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.
house Bill No. 5384, entitled
A bill to amend 1976 PA 448, entitled “Michigan energy employment act of 1976,” by amending sections 3, 5, 6, 9, 11, 21, 24, 31, 34, 36, 37, 43, and 44 (MCL 460.803, 460.805, 460.806, 460.809, 460.811, 460.821, 460.824, 460.831, 460.834, 460.836, 460.837, 460.843, and 460.844), section 5 as amended by 2002 PA 513 and section 44 as amended by 2002 PA 532, and by adding section 33a.
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.
house Bill No. 5536, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2005 PA 207.
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.
house Bill No. 4596, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending sections 6, 7, 8, and 25 (MCL 445.1656, 445.1657, 445.1658, and 445.1675), sections 6, 7, and 8 as amended by 1996 PA 210 and section 25 as amended by 1998 PA 371.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
house Bill No. 5287, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending section 2 (MCL 445.1652), as amended by 2007 PA 179.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
house Bill No. 5288, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” (MCL 445.1651 to 445.1684) by adding section 2a.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
house Bill No. 5289, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” (MCL 445.1651 to 445.1684) by adding section 2c.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
house Bill No. 5535, entitled
A bill to authorize the secretary of state to issue enhanced driver licenses and state personal identification cards to United States citizens who reside in Michigan to facilitate travel between the United States and Canada; to establish certain funds and prescribe duties for certain officials; and to prohibit certain conduct and prescribe penalties.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Communications from State officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
February 27, 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 Agriculture, State Office of Administrative Hearings and Rules filed at 2:19 P.M. this date, administrative rule (08-02-02) for the Department of Agriculture,, Entitled “ Regulation No. 637, Pesticide Use” These rules take effect 7 days after filing with the Secretary of State.
February 27, 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 and Economic Growth , State Office of Administrative Hearings and Rules filed at 2:21 P.M. this date, administrative rule (08-02-03) for the Department of Agriculture,, Entitled “ Workers’ Compensation Health Care Services Rules” These rules take effect 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.
introduction of Bills
Rep. LaJoy introduced
house Bill No. 5821, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” (MCL 41.1a to 41.110c) by adding section 104a.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
Rep. LaJoy introduced
house Bill No. 5822, entitled
A bill to amend 1968 PA 191, entitled “An act to create a state boundary commission; to prescribe its powers and duties; to provide for municipal incorporation, consolidation, and annexation; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 11b (MCL 123.1011b), as added by 1982 PA 192.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
Rep. LaJoy introduced
house Bill No. 5823, entitled
A bill to amend 1909 PA 278, entitled “The home rule village act,” by amending sections 4 and 5 (MCL 78.4 and 78.5), section 4 as amended by 2003 PA 304, and by adding section 5b.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
Rep. LaJoy introduced
house Bill No. 5824, entitled
A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 6 of chapter XIV (MCL 74.6) and by adding sections 6b, 6c, and 6d to chapter XIV.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
Rep. LaJoy introduced
house Bill No. 5825, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending sections 9 and 9b (MCL 117.9 and 117.9b), section 9 as amended by 2004 PA 137 and section 9b as added by 1982 PA 465, and by adding sections 9c, 9d, and 9e.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
Reps. Meadows, Miller, Hammel, LeBlanc, Clemente, Griffin, Alma Smith, Coulouris, Vagnozzi, Constan, Bauer, Lahti, Lindberg, Clack, Donigan, Johnson, Condino, Hammon, McDowell, Bieda and Jackson introduced
house Bill No. 5826, entitled
A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending section 3 (MCL 432.103), as amended by 2006 PA 427.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Wenke introduced
house Bill No. 5827, entitled
A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending section 55 (MCL 257.1855), as amended by 2006 PA 320.
The bill was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. Nofs moved that the House adjourn.
The motion prevailed, the time being 4:15 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, February 28, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives
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