No. 75

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Tuesday, September 16, 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—excused Donigan—present LaJoy—present Polidori—present

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

Amos—present Elsenheimer—present Law, Kathleen—present Robertson—present

Angerer—present Emmons—present LeBlanc—present Rocca—present

Ball—present Espinoza—present Leland—present Sak—present

Bauer—present Farrah—present Lemmons—present Schuitmaker—present

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

Bieda—present Garfield—present Marleau—present Shaffer—present

Booher—present Gillard—present Mayes—present Sheen—present

Brandenburg—present Gonzales—present McDowell—present Sheltrown—present

Brown—present Green—present Meadows—present Simpson—present

Byrnes—present Griffin—present Meekhof—present Smith, Alma—present

Byrum—present Hammel—present Meisner—present Smith, Virgil—present

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

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

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

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

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

Clack—excused 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. Terry L. Brown, from the 84th District, offered the following invocation:

“Dearest heavenly Father, as we bow before You at the beginning of this session we ask that You might provide us the wisdom and the insight, the sensitivity and the caring to do what’s right. We ask Father that Your spirit be with those in need for we all have those around us, those people on our minds. Bless them and bless each of us so we might live according to Your guidelines, so we might show that we are leaders in more than just word, but also in action. Bless us in this God. We ask in Jesus name, Amen.”

______

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

The motion prevailed.

Rep. Booher moved that Rep. Acciavatti be excused from today’s session.

The motion prevailed.

Reports of Standing Committees

The Committee on Labor, by Rep. Miller, Chair, reported

House Bill No. 6226, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending section 103 (MCL 37.2103), as amended by 1999 PA 202.

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. Miller, Meadows, Constan, Farrah, Hopgood and Lindberg

Nays: Reps. Wenke and LaJoy

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 16, 2008

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

Absent: Reps. Bieda and Steil

Excused: Reps. Bieda and Steil

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

Senate Bill No. 1263, entitled

A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 4 (MCL 4.414) and by adding section 19.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Corriveau, Clemente, Bieda, Donigan, Hammon, Pearce, Ward and Wenke

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 16, 2008

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

Absent: Rep. Warren

Excused: Rep. Warren

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

House Bill No. 5985, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 12 (MCL 28.432), as amended by 2006 PA 75.

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

Nays: None

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

House Concurrent Resolution No. 87.

A concurrent resolution to request that the U.S. Fish and Wildlife Service extend indefinitely the depredation order for double-crested cormorants.

(For text of concurrent resolution, see House Journal No. 58, p. 1379.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Sheltrown, Ebli, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Walker, Stakoe and Horn

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 16, 2008

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

Absent: Rep. Casperson

Excused: Rep. Casperson

The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported

House Bill No. 6297, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 622 and 1223 (MCL 380.622 and 380.1223), section 622 as amended by 2001 PA 127 and section 1223 as amended by 1997 PA 47.

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. Coulouris, Johnson, Clemente, Mayes, Virgil Smith, Moore, Robertson and Calley

Nays: None

The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported

House Bill No. 6298, entitled

A bill to amend 1943 PA 20, entitled “An act relative to the investment of funds of public corporations of the state; and to validate certain investments,” by amending section 1 (MCL 129.91), as amended by 2006 PA 400.

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. Coulouris, Johnson, Clemente, Mayes, Virgil Smith, Moore, Robertson and Calley

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Coulouris, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Tuesday, September 16, 2008

Present: Reps. Coulouris, Johnson, Clemente, Mayes, Virgil Smith, Moore, Robertson and Calley

Absent: Rep. Green

Excused: Rep. Green

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

Senate Bill No. 834, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as added by 2006 PA 124.

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, Corriveau, Dean, Hopgood, Lindberg, Meisner, Miller, Polidori, Moolenaar, Emmons, Steil, Pearce, Schuitmaker, Knollenberg, Opsommer and Pavlov

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, September 16, 2008

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

Absent: Reps. Clack, Scott and Hoogendyk

Excused: Reps. Clack and Scott

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

House Bill No. 5499, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8102) by adding section 5306a.

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 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, September 16, 2008

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

Absent: Reps. Green and Sheen

Excused: Reps. Green and Sheen

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

House Bill No. 5722, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1001, 1007, 1010, 1015, and 1125 (MCL 500.1001, 500.1007, 500.1010, 500.1015, and 500.1125), sections 1001, 1007, 1010, and 1015 as added by 1992 PA 182 and section 1125 as amended by 2000 PA 283.

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. Virgil Smith, Farrah, Condino, Constan, Johnson, Lemmons, Polidori, Simpson, Wojno, Hune, Emmons, Hildenbrand, Rocca and Gaffney

Nays: None

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

House Bill No. 5776, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2212c.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 2, following line 11, by inserting:

“(3) THIS SECTION DOES NOT APPLY TO ANY EXPLANATION OF BENEFITS OR SIMILAR COMMUNICATION TO AN INSURED OR ENROLLEE FOR DENTAL SERVICE THAT DOES NOT USE THE TERMS “USUAL”, “CUSTOMARY”, OR “REASONABLE” IN REFERENCE TO THE AMOUNT PAID OR TO BE PAID BY THE INSURER OR HEALTH MAINTENANCE ORGANIZATION.”.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Virgil Smith, Farrah, Condino, Constan, Johnson, Lemmons, Polidori, Simpson, Wojno, Hune, Emmons, Hildenbrand, Rocca and Gaffney

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 16, 2008

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

Absent: Reps. Scott, David Law and Moore

Excused: Reps. Scott, David Law and Moore

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 16, 2008

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

Absent: Reps. Accavitti, Coulouris, Johnson, Huizenga and Palsrok

Excused: Reps. Accavitti, Coulouris, Johnson, Huizenga and Palsrok

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Oversight and Investigations from further consideration of House Bill No. 5655.

Rep. Agema

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Oversight and Investigations from further consideration of House Bill No. 5656.

Rep. Agema

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Oversight and Investigations from further consideration of House Bill No. 5657.

Rep. Agema

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Oversight and Investigations from further consideration of House Bill No. 5658.

Rep. Agema

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Transportation from further consideration of House Bill No. 5659.

Rep. Agema

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Transportation from further consideration of House Bill No. 5660.

Rep. Agema

Communications from State Officers

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

Notices of Filing

Administrative Rules

September 11, 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 3:40 p.m. this date, administrative rule (08-09-01) for the Department of Environmental Quality “Part 9. Emission Limitations and Prohibitions - Miscellaneous”.

This rule becomes effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

September 11, 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 3:42 p.m. this date, administrative rule (08-09-02) for the Department of Environmental Quality “Part 18. Prevention of Significant Deterioration of Air Quality”.

This rule becomes effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

September 11, 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 3:44 p.m. this date, administrative rule (08-09-03) for the Department of Education “Special Education Programs and Services”.

This rule becomes effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Reps. Brown, Gillard, Espinoza, Leland, Spade and Polidori introduced

House Bill No. 6457, entitled

A bill to amend 2007 PA 134, entitled “An act to authorize the state administrative board to convey certain parcels of state owned property in Ingham county, Wayne county, and Tuscola county; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments and agencies in relation to the conveyances; to provide for disposition of revenue derived from the conveyances; and to provide for the release of certain property rights held by the state,” by amending section 4.

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

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 408.

A resolution proclaiming the week of October 5 - 11, 2008, as Michigan Harvest for Michigan Kids Week.

(For text of resolution, see House Journal No. 69, p. 2087.)

(The resolution was reported by the Committee on Agriculture on September 10, consideration of which, under the rules, was postponed until September 11.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 409.

A resolution to urge the Michigan Department of Education and the Michigan Department of Agriculture to take various actions to promote local farm-to-school initiatives.

(For text of resolution, see House Journal No. 69, p. 2088.)

(The resolution was reported by the Committee on Agriculture on September 10, consideration of which, under the rules, was postponed until September 11.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 413.

A resolution to urge the Congress of the United States and the U.S. Department of Agriculture to continue to promote and prioritize the establishment of local farm-to-school initiatives.

(For text of resolution, see House Journal No. 70, p. 2099.)

(The resolution was reported by the Committee on Agriculture on September 10, consideration of which, under the rules, was postponed until September 11.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 421.

A resolution recognizing September 18, 2008, as Buy Fresh, Buy Local, Select Michigan Day in the state of Michigan.

(For text of resolution, see House Journal No. 72, p. 2119.)

(The resolution was reported by the Committee on Agriculture on September 10, consideration of which, under the rules, was postponed until September 11.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 296.

A resolution to memorialize the Congress and the President of the United States to enact the Breast Cancer Patient Protection Act.

(For text of resolution, see House Journal No. 22, p. 404.)

(The resolution was reported by the Committee on Health Policy on September 11, consideration of which, under the rules, was postponed until September 11.)

The question being on the adoption of the resolution,

The resolution was adopted.

______

Rep. Moore moved that Rep. Nofs be excused from the balance of today’s session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5996, entitled

A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” (MCL 21.141 to 21.147) by adding section 5.

(The bill was received from the Senate on September 10, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 11, see House Journal No. 73, p. 2142.)

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

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

Roll Call No. 721 Yeas—107

Accavitti Donigan Lahti Polidori

Agema Ebli LaJoy Proos

Amos Elsenheimer Law, David Robertson

Angerer Emmons Law, Kathleen Rocca

Ball Espinoza LeBlanc Sak

Bauer Farrah Leland Schuitmaker

Bennett Gaffney Lemmons Scott

Bieda Garfield Lindberg Shaffer

Booher Gillard Marleau Sheen

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Steil

Cheeks Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz 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 Pearce

Nays—0

In The Chair: Sak

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

The Speaker laid before the House

House Bill No. 5997, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 7a.

(The bill was received from the Senate on September 10, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 11, see House Journal No. 73, p. 2142.)

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

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

Roll Call No. 722 Yeas—107

Accavitti Donigan Lahti Polidori

Agema Ebli LaJoy Proos

Amos Elsenheimer Law, David Robertson

Angerer Emmons Law, Kathleen Rocca

Ball Espinoza LeBlanc Sak

Bauer Farrah Leland Schuitmaker

Bennett Gaffney Lemmons Scott

Bieda Garfield Lindberg Shaffer

Booher Gillard Marleau Sheen

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Steil

Cheeks Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz 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 Pearce

Nays—0

In The Chair: Sak

The House agreed to the full title.

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

The Speaker laid before the House

House Bill No. 5998, entitled

A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2000 PA 307.

(The bill was received from the Senate on September 10, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 11, see House Journal No. 73, p. 2142.)

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

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

Roll Call No. 723 Yeas—107

Accavitti Donigan Lahti Polidori

Agema Ebli LaJoy Proos

Amos Elsenheimer Law, David Robertson

Angerer Emmons Law, Kathleen Rocca

Ball Espinoza LeBlanc Sak

Bauer Farrah Leland Schuitmaker

Bennett Gaffney Lemmons Scott

Bieda Garfield Lindberg Shaffer

Booher Gillard Marleau Sheen

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Steil

Cheeks Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz 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 Pearce

Nays—0

In The Chair: Sak

The House agreed to the full title.

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

The Speaker laid before the House

House Bill No. 5999, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 41 (MCL 432.41), as amended by 1997 PA 72.

(The bill was received from the Senate on September 10, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 11, see House Journal No. 73, p. 2142.)

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

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

Roll Call No. 724 Yeas—107

Accavitti Donigan Lahti Polidori

Agema Ebli LaJoy Proos

Amos Elsenheimer Law, David Robertson

Angerer Emmons Law, Kathleen Rocca

Ball Espinoza LeBlanc Sak

Bauer Farrah Leland Schuitmaker

Bennett Gaffney Lemmons Scott

Bieda Garfield Lindberg Shaffer

Booher Gillard Marleau Sheen

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Steil

Cheeks Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz 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 Pearce

Nays—0

In The Chair: Sak

The House agreed to the full title.

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

Second Reading of Bills

House Bill No. 6365, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1274 (MCL 380.1274), as amended by 2004 PA 588.

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

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

Rep. Gonzales 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. 6365, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1274 (MCL 380.1274), as amended by 2004 PA 588.

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

Roll Call No. 725 Yeas—105

Accavitti Ebli Lahti Polidori

Amos Elsenheimer LaJoy Proos

Angerer Emmons Law, David Robertson

Ball Espinoza Law, Kathleen Rocca

Bauer Farrah LeBlanc Sak

Bennett Gaffney Leland Schuitmaker

Bieda Garfield Lemmons Scott

Booher Gillard Lindberg Shaffer

Brandenburg Gonzales Marleau Sheen

Brown Green Mayes Sheltrown

Byrnes Griffin McDowell Simpson

Byrum Hammel Meadows Smith, Alma

Calley Hammon Meekhof Smith, Virgil

Casperson Hansen Meisner Spade

Caswell Hildenbrand Melton Stahl

Caul Hood Meltzer Stakoe

Cheeks Hoogendyk Miller Steil

Clemente Hopgood Moolenaar Tobocman

Condino Horn Moore Vagnozzi

Constan Huizenga Moss Valentine

Corriveau Hune Nitz Walker

Coulouris Jackson Opsommer Ward

Cushingberry Johnson Palsrok Warren

Dean Jones, Rick Pastor Wenke

DeRoche Jones, Robert Pavlov Wojno

Dillon Knollenberg Pearce Young

Donigan

Nays—2

Agema 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. 6366, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 623a (MCL 380.623a), as amended by 2007 PA 45.

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

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

Rep. Hansen 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. 6366, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 623a (MCL 380.623a), as amended by 2007 PA 45.

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

Roll Call No. 726 Yeas—106

Accavitti Donigan Lahti Polidori

Agema Ebli LaJoy Proos

Amos Elsenheimer Law, David Robertson

Angerer Emmons Law, Kathleen Rocca

Ball Espinoza LeBlanc Sak

Bauer Farrah Leland Schuitmaker

Bennett Gaffney Lemmons Scott

Bieda Garfield Lindberg Shaffer

Booher Gillard Marleau Sheen

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Steil

Cheeks Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Opsommer Ward

Coulouris Jackson Palsrok Warren

Cushingberry Johnson Pastor Wenke

Dean Jones, Rick Pavlov Wojno

DeRoche Jones, Robert Pearce Young

Dillon Knollenberg

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. 6367, entitled

A bill to establish a program to designate, promote, and market certain products grown, processed, and manufactured in this state; to provide for certain powers for certain state departments and agencies; to provide for certain grants to certain persons; and to provide for the promulgation of rules.

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

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6367, entitled

A bill to establish a program to designate, promote, and market certain products grown, processed, and manufactured in this state; to provide for certain powers for certain state departments and agencies; to provide for certain grants to certain persons; 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. 727 Yeas—101

Accavitti Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons Law, Kathleen Robertson

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lemmons Schuitmaker

Bieda Gonzales Lindberg Scott

Booher Green Marleau Shaffer

Brandenburg Griffin Mayes Sheen

Brown Hammel McDowell Sheltrown

Byrnes Hammon Meadows Simpson

Byrum Hansen Meekhof Smith, Alma

Calley Hildenbrand Meisner Smith, Virgil

Casperson Hood Melton Spade

Caul Hoogendyk Meltzer Stakoe

Cheeks Hopgood Miller Steil

Clemente Horn Moolenaar Tobocman

Condino Huizenga Moore Vagnozzi

Constan Hune Moss Valentine

Corriveau Jackson Nitz Walker

Coulouris Johnson Opsommer Ward

Cushingberry Jones, Rick Palsrok Warren

Dean Jones, Robert Pastor Wenke

DeRoche Knollenberg Pavlov Wojno

Dillon Lahti Pearce Young

Donigan

Nays—5

Agema Garfield Palmer Stahl

Caswell

In The Chair: Sak

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

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

A bill to establish a program to designate, promote, and market certain food and agricultural products grown, processed, and manufactured in this state; to provide for certain powers for certain state departments and agencies; to provide for certain grants to certain persons; and to provide for the promulgation of rules.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Accavitti, Bauer, Bieda, Brandenburg, Byrnes, Calley, Clemente, Constan, Donigan, Gonzales, Griffin, Hammon, Horn, Rick Jones, Robert Jones, David Law, Leland, Mayes, Melton, Meltzer, Nitz, Opsommer, Polidori, Proos, Sak, Schuitmaker, Sheltrown, Simpson, Virgil Smith, Spade, Tobocman, Vagnozzi and Wojno were named co‑sponsors of the bill.

Second Reading of Bills

House Bill No. 6368, entitled

A bill to provide for the coordination and development of certain farm-to-school procurement processes and procedures; to provide for procedures and recommendations for certain farm product producers to access school-related food programs; to provide for certain powers and duties for the departments of education and agriculture; and to provide for the dissemination of certain information to schools and farm product producers.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6368, entitled

A bill to provide for the coordination and development of certain farm-to-school procurement processes and procedures; to provide for procedures and recommendations for certain farm product producers to access school-related food programs; to provide for certain powers and duties for the departments of education and agriculture; and to provide for the dissemination of certain information to schools and farm product producers.

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

Roll Call No. 728 Yeas—99

Accavitti 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 Gonzales Marleau Sheen

Brandenburg Green Mayes Sheltrown

Brown Griffin McDowell Simpson

Byrnes Hammel Meadows Smith, Alma

Byrum Hammon Meekhof Smith, Virgil

Calley Hansen Meisner Spade

Casperson Hildenbrand Melton Stakoe

Caul Hood Meltzer Steil

Cheeks Hopgood Miller Tobocman

Clemente Horn Moolenaar Vagnozzi

Condino Huizenga Moore Valentine

Constan Hune Moss Walker

Corriveau Jackson Nitz Ward

Coulouris Johnson Opsommer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pavlov Wojno

DeRoche Knollenberg Pearce Young

Dillon Lahti Polidori

Nays—7

Agema Garfield Palmer Stahl

Caswell Hoogendyk Pastor

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. Accavitti, Ball, Bieda, Brandenburg, Brown, Calley, Constan, Dillon, Gonzales, Hammon, Hansen, Hildenbrand, Horn, Rick Jones, Kathleen Law, Marleau, Meadows, Meisner, Melton, Nitz, Opsommer, Polidori, Proos, Sak, Schuitmaker, Scott, Simpson, Spade, Tobocman and Vagnozzi were named co‑sponsors of the bill.

Second Reading of Bills

House Bill No. 6251, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 22225a.

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

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

Rep. Robert Jones 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. Hoogendyk moved to amend the bill as follows:

1. Amend page 3, following line 2, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5569 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. Hoogendyk moved to amend the bill as follows:

1. Amend page 3, following line 2, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4454 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. Robert Jones moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 6252, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20142 (MCL 333.20142).

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

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

Rep. Angerer 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. Hoogendyk moved to amend the bill as follows:

1. Amend page 12, following line 22, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5569 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. Meekhof moved to amend the bill as follows:

1. Amend page 12, following line 22, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4454 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. Angerer moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 6253, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21766 (MCL 333.21766), as amended by 2001 PA 243.

The bill was read a second time.

Rep. Corriveau 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. Meekhof moved to amend the bill as follows:

1. Amend page 4, following line 23, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4454 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. Corriveau moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 6254, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21781 (MCL 333.21781).

The bill was read a second time.

Rep. Simpson 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. Meekhof moved to amend the bill as follows:

1. Amend page 2, following line 19, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4454 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. Simpson moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 6255, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21711 (MCL 333.21711).

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

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

Rep. Ball 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. Meekhof moved to amend the bill as follows:

1. Amend page 2, following line 15, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4454 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. Ball moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 6256, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21799c (MCL 333.21799c), as amended by 1996 PA 546.

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

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

______

Rep. Tobocman moved that Rep. Cushingberry be excused temporarily from today’s session.

The motion prevailed.

Rep. Tobocman moved to reconsider the vote by which the House did not adopt the substitute (H-1) previously recommended by the Committee on Senior Health, Security, and Retirement.

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

The question being on the adoption of the substitute (H-1) previously recommended by the Committee on Senior Health, Security, and Retirement,

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

Rep. Meekhof moved to amend the bill as follows:

1. Amend page 3, following line 14, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4454 of the 94th Legislature is enacted into law.”.

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

Rep. Hildenbrand demanded the yeas and nays.

The demand was supported.

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

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 729 Yeas—35

Agema Green Moss Schuitmaker

Amos Hildenbrand Nitz Sheen

Booher Hoogendyk Opsommer Stahl

Brandenburg Huizenga Palsrok Stakoe

Calley Hune Pastor Steil

DeRoche Jones, Rick Pavlov Walker

Elsenheimer Knollenberg Pearce Ward

Emmons Meekhof Proos Wenke

Garfield Moolenaar Robertson

Nays—69

Accavitti Dean Jones, Robert Palmer

Angerer Dillon Lahti Polidori

Ball Donigan LaJoy Rocca

Bauer Ebli Law, Kathleen Sak

Bennett Espinoza LeBlanc Scott

Bieda Farrah Leland Shaffer

Brown Gaffney Lemmons Sheltrown

Byrnes Gonzales Lindberg Simpson

Byrum Griffin Marleau Smith, Alma

Casperson Hammel Mayes Smith, Virgil

Caswell Hammon McDowell Spade

Caul Hansen Meadows Tobocman

Cheeks Hood Meisner Vagnozzi

Clemente Hopgood Melton Valentine

Condino Horn Meltzer Warren

Constan Jackson Miller Wojno

Corriveau Johnson Moore Young

Coulouris

In The Chair: Sak

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

The motion prevailed.

House Bill No. 6261, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 21743, 21755, 21757, and 21782 (MCL 333.21743, 333.21755, 333.21757, and 333.21782) and by adding section 21714.

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

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

Rep. Donigan 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. Meekhof moved to amend the bill as follows:

1. Amend page 5, following line 20, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4454 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. Green moved to amend the bill as follows:

1. Amend page 5, following line 19, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5569 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. Donigan moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 6388, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21742.

The bill was read a second time.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4001, entitled

A bill to regulate and to require certain reports to be filed by persons who receive contributions for purposes of defending elected officials from criminal, civil, and administrative actions; to regulate contributions made for purposes of defending elected officials from criminal, civil, and administrative actions; to prescribe certain powers and duties of the bureau of elections as to legal defense funds; and to prescribe penalties and civil sanctions.

(The bill was received from the Senate on June 27, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 28, see House Journal No. 65, p. 1776.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Bieda moved to amend the Senate substitute (S-2) as follows:

1. Amend page 3, line 7, after the second “section” by striking out “115(2)” and inserting “115”.

2. Amend page 13, following line 6, by striking all of enacting section 1 and inserting:

“Enacting section 1. This act takes effect October 1, 2008.”.

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

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 730 Yeas—102

Accavitti Donigan Law, David Polidori

Agema Ebli Law, Kathleen Proos

Amos Elsenheimer LeBlanc Robertson

Angerer Emmons Leland Rocca

Ball Espinoza Lemmons Sak

Bauer Farrah Lindberg Schuitmaker

Bennett Gaffney Marleau Scott

Bieda Garfield Mayes Shaffer

Booher Gonzales McDowell Sheen

Brandenburg Green Meadows Sheltrown

Brown Griffin Meekhof Simpson

Byrnes Hammel Meisner Smith, Alma

Byrum Hammon Melton Spade

Calley Hansen Meltzer Stahl

Casperson Hildenbrand Miller Stakoe

Caswell Hood Moolenaar Steil

Caul Hoogendyk Moore Tobocman

Clemente Hopgood Moss Vagnozzi

Condino Horn Nitz Valentine

Constan Huizenga Opsommer Walker

Corriveau Hune Palmer Ward

Coulouris Jones, Rick Palsrok Warren

Cushingberry Jones, Robert Pastor Wenke

Dean Knollenberg Pavlov Wojno

DeRoche Lahti Pearce Young

Dillon LaJoy

Nays—4

Cheeks Jackson Johnson Smith, Virgil

In The Chair: Sak

The House agreed to the title as amended.

Second Reading of Bills

Senate Bill No. 1263, entitled

A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 4 (MCL 4.414) and by adding section 19.

The bill was read a second time.

Rep. Dillon moved to amend the bill as follows:

1. Amend page 4, following line 26, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act takes effect October 1, 2008.”.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1263, entitled

A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 4 (MCL 4.414) and by adding section 19.

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

Roll Call No. 731 Yeas—103

Accavitti Donigan Law, David Proos

Agema Ebli Law, Kathleen Robertson

Amos Elsenheimer LeBlanc Rocca

Angerer Emmons Leland Sak

Ball Espinoza Lemmons Schuitmaker

Bauer Farrah Lindberg Scott

Bennett Gaffney Marleau Shaffer

Bieda Garfield Mayes Sheen

Booher Gonzales McDowell Sheltrown

Brandenburg Green Meadows Simpson

Brown Griffin Meekhof Smith, Alma

Byrnes Hammel Meisner Smith, Virgil

Byrum Hammon Melton Spade

Calley Hansen Meltzer Stahl

Casperson Hildenbrand Miller Stakoe

Caswell Hood Moolenaar Steil

Caul Hoogendyk Moore Tobocman

Clemente Hopgood Moss Vagnozzi

Condino Horn Nitz Valentine

Constan Huizenga Opsommer Walker

Corriveau Hune Palmer Ward

Coulouris Jones, Rick Palsrok Warren

Cushingberry Jones, Robert Pastor Wenke

Dean Knollenberg Pavlov Wojno

DeRoche Lahti Pearce Young

Dillon LaJoy Polidori

Nays—3

Cheeks Jackson Johnson

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. 5722, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1001, 1007, 1010, 1015, and 1125 (MCL 500.1001, 500.1007, 500.1010, 500.1015, and 500.1125), sections 1001, 1007, 1010, and 1015 as added by 1992 PA 182 and section 1125 as amended by 2000 PA 283.

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

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

Rep. Virgil Smith 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. 5722, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1001, 1007, 1010, 1015, and 1125 (MCL 500.1001, 500.1007, 500.1010, 500.1015, and 500.1125), sections 1001, 1007, 1010, and 1015 as added by 1992 PA 182 and section 1125 as amended by 2000 PA 283.

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

Roll Call No. 732 Yeas—106

Accavitti Donigan LaJoy Polidori

Agema Ebli Law, David Proos

Amos Elsenheimer Law, Kathleen Robertson

Angerer Emmons LeBlanc Rocca

Ball Espinoza Leland Sak

Bauer Farrah Lemmons Schuitmaker

Bennett Gaffney Lindberg Scott

Bieda Garfield Marleau Shaffer

Booher Gonzales Mayes Sheen

Brandenburg Green McDowell Sheltrown

Brown Griffin Meadows Simpson

Byrnes Hammel Meekhof Smith, Alma

Byrum Hammon Meisner Smith, Virgil

Calley Hansen Melton Spade

Casperson Hildenbrand Meltzer Stahl

Caswell Hood Miller Stakoe

Caul Hoogendyk Moolenaar Steil

Cheeks Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Opsommer Walker

Corriveau Jackson Palmer Ward

Coulouris Johnson Palsrok Warren

Cushingberry Jones, Rick Pastor Wenke

Dean Jones, Robert Pavlov Wojno

DeRoche Knollenberg Pearce Young

Dillon Lahti

Nays—0

In The Chair: Sak

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

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

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1001, 1005, 1007, 1010, 1015, 1017, and 1125 (MCL 500.1001, 500.1005, 500.1007, 500.1010, 500.1015, 500.1017, and 500.1125), sections 1001, 1005, 1007, 1010, 1015, and 1017 as added by 1992 PA 182 and section 1125 as amended by 2000 PA 283, and by adding sections 1027, 1029, 1031, and 1033.

The motion prevailed.

The House agreed to the title as amended.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that Rule 42 be suspended.

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

Rep. Tobocman moved that the Committee on Commerce be discharged from further consideration of Senate Bill No. 1195.

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

Pending the Second Reading of

Senate Bill No. 1195, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88o (MCL 125.2088o), as added by 2005 PA 215.

Rep. Tobocman moved that the bill be referred to the Committee on Agriculture.

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Condino, Accavitti, Amos, Ball, Bauer, Bieda, Brandenburg, Brown, Byrnes, Constan, Cushingberry, Dean, Garfield, Gillard, Green, Hammel, Hammon, Hansen, Hopgood, Horn, Rick Jones, Robert Jones, Lahti, Leland, Lemmons, Marleau, Meisner, Moss, Nitz, Palmer, Pastor, Pearce, Polidori, Proos, Sak, Scott, Shaffer, Sheltrown, Alma Smith, Spade, Tobocman, Vagnozzi and Valentine offered the following resolution:

House Resolution No. 429.

A resolution declaring September 17, 2008, as Constitution Day in the state of Michigan.

Whereas, We recognize the urgent need to uphold Michigan’s constitutional obligation to provide for adequate public defense services for the state’s adults and children; and

Whereas, September 17, 2008, marks the 221st anniversary of the adoption of the Constitution of the United States of America by the Constitutional Convention in Philadelphia and is recognized today throughout our county, by our president and by our governor, as Constitution Day in America; and

Whereas, In remembering the enduring importance of the Constitution, we also recognize our responsibility as citizens to respect and defend the values of our founding; and

Whereas, The Sixth Amendment of the U.S. Constitution sets forth rights related to criminal prosecutions and guarantees that “…the accused shall enjoy the right to… have the Assistance of Counsel for his defense;” and

Whereas, Today, as outlined in a recent study by the National Legal Aid and Defenders Association, Michigan is failing to meet its constitutional obligations to provide an adequate public defense for adults and children alike. It is one of only a handful of states with no statewide standard for monitoring trial level public defense services; and

Whereas, The tragic stories of Michigan men like Eddie Joe Lloyd, Ken Wyniemko and Walter Swift, all incarcerated for crimes they did not commit and as a result of an inadequate defense provided them at trial, remind us vividly of the human price paid when our constitutional obligations go unmet; and

Whereas, Scarce public tax dollars are misspent and the public’s safety is put at risk when an inadequate defense puts the wrong person in jail and allows the real perpetrator to remain free; and

Whereas, The time is now and the opportunity is here for Michigan to recognize the need for reform; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 17, 2008, as Constitution Day in the state of Michigan; and be it further

Resolved, That we do hereby recognize the urgent need to uphold Michigan’s constitutional obligation to provide for adequate public defense services for all state residents.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Pearce, Accavitti, Agema, Amos, Ball, Bieda, Booher, Brandenburg, Byrnes, Constan, Cushingberry, Dean, Garfield, Green, Hammel, Hansen, Hopgood, Horn, Rick Jones, Robert Jones, Lahti, Lemmons, Marleau, Moss, Nitz, Opsommer, Pastor, Proos, Rocca, Sak, Scott, Shaffer, Sheltrown, Alma Smith, Spade and Vagnozzi offered the following resolution:

House Resolution No. 430.

A resolution commemorating the 125th anniversary of Wolverine World Wide.

Whereas, Wolverine was founded in 1883 by G. A. Krause. The company headquarters is located in Rockford, Michigan; and

Whereas, For more than a century, Wolverine has been relentless in its pursuit of providing comfortable and innovative footwear, apparel, and gear for consumers; and

Whereas, By 1903, the shoe factory specializing in work shoes made 300 pairs each day, built with tough, durable horsehide that by 1914 was supplied by their own tannery and nicknamed the “1000 mile shoes”; and

Whereas, In 1919, the Wolverine brand became very popular nationally and was marketed by one of the earliest national sales forces; and

Whereas, Flushed with success in 1921, the Hirth-Krause Company changed its name to Wolverine Shoe and Tanning Corporation and continued to grow; and

Whereas, During the Great Depression, when sales were down, the factory lines were kept running and shoes were warehoused for better times; and

Whereas, During World War II the Wolverine Shoe and Tanning Company produced pigskin gloves for the United States Navy and by the end of the war Wolverine engineers created pigskin suede, a new type of leather; and

Whereas, In 1964, Wolverine Shoe and Tanning Company was renamed Wolverine World Wide, Inc., and shortly thereafter was traded on the New York Stock Exchange; and

Whereas, The company went on to introduce Wolverine® DuraShocks® utilizing the first true comfort system for workboots and creating a revolution with lighter, longer-lasting products; and

Whereas, In recent years, Wolverine’s apparel collection has expanded greatly, providing durable apparel for work and rugged casual wear; and

Whereas, In 2007, Wolverine was awarded the Polartec APEX™ Design Award for Wolverine’s outstanding and innovative use of Polartec fabrics; and

Whereas, In 2008, Wolverine was awarded its ninth consecutive Plus Award, a footwear trade industry award for excellence in design in the work footwear category, continuing its tenure as the leading producer of work boots in the industry; and

Whereas, With its commitment to outdoor adventures and awareness, Wolverine supports The Wolverine Foundation and its research of the wolverine and the Yellowstone National Park ecosystem; and

Whereas, During Wolverine’s 125 years, the company has displayed a genuine commitment to the community through its philanthropic efforts: and

Whereas, In celebration of its 125th anniversary and inspired by the company’s heritage, Wolverine will debut the Heritage Collection that will consist of a series of boots and shoes featuring distressed leather and vintage design details; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 125th anniversary of Wolverine World Wide.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Rick Jones, Accavitti, Amos, Ball, Bieda, Brandenburg, Brown, Byrnes, Condino, Constan, Cushingberry, Dean, Garfield, Green, Hammel, Hammon, Hansen, Hopgood, Robert Jones, Lahti, Lemmons, Marleau, Meisner, Miller, Moss, Nitz, Opsommer, Palmer, Pastor, Pearce, Polidori, Proos, Sak, Scott, Shaffer, Sheltrown, Simpson, Alma Smith, Spade, Tobocman, Vagnozzi and Valentine offered the following resolution:

House Resolution No. 431.

A resolution to commemorate September 2008 as National Alcohol and Drug Addiction Recovery Month in the state of Michigan.

Whereas, Substance use disorders are a problem that effect everyone regardless of social, economic, or ethnic background; and

Whereas, Based on information from the 2005 National Survey on Drug Use and Health, an estimated 22.2 million persons in the United States, which is 9.1 percent of the population, aged 12 or older, were classified with substance dependence or abuse in the past year. This figure exceeds the number of people living with coronary heart disease, cancer, or Alzheimer’s combined; and

Whereas, Effective evidence-based treatment and support for the person, families, and children affected by substance abuse and dependence can help our young people succeed in school, provide children with capable and caring parents, reduce the incidence of drug-related crime, and help people get their lives back through restored health and productivity, thereby saving both lives and dollars; and

Whereas, Studies have consistently found that individualized treatment is essential for people to be successful in their path of recovery. Substance abuse and alcohol addictions adversely effect millions of lives annually, without regard for social, economic, or ethnic background. It results in enormous financial and human costs including absenteeism, impaired work productivity, property damage, incarceration, accidents, medical expenses, dependence on public assistance, child neglect, bodily injury, destruction of family ties, and loss of life; and

Whereas, Real accounts of long-term recovery with positive results can inspire others to ask for help and improve their own lives, the lives of their families, and benefit the entire community; and

Whereas, It is critical that we educate our community members to understand that substance abuse disorders are treatable; yet sometimes create serious health care problems if not resolved. The resolution of dependence, with proper support, care, and treatment, improves the quality of life for all throughout our communities; and

Whereas, There is a need to erode social stigmas about addiction and educate the public, community organizations, public officials, and civic leaders about the impact of alcohol and other drugs on our community, the value of treatment, and the hope of recovery; and

Whereas, To help achieve this goal, the U.S. Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration’s Center for Substance Abuse Treatment, and the White House Office of National Drug Control Policy invite all persons to participate in National Alcohol and Drug Addiction Recovery Month each September; and

Whereas, The National Alcohol and Drug Addiction Recovery Month is a national initiative and annual observance that highlights the societal benefits of substance abuse treatment, celebrates people in recovery, recognizes those in the treatment field who dedicate their lives to helping people recover from addiction, and promotes the message that recovery from substance abuse is possible; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate September 2008 as National Alcohol and Drug Addiction Recovery Month in the state of Michigan.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Bieda, Condino, Bauer, Polidori, Hood, Angerer, Sak, Byrum, Constan, Corriveau, Ward, Wojno, Accavitti, Amos, Ball, Brandenburg, Brown, Byrnes, Cushingberry, Dean, Garfield, Gillard, Green, Hammel, Hammon, Hansen, Hopgood, Horn, Rick Jones, Robert Jones, Lahti, Leland, Lemmons, Marleau, Meisner, Miller, Moss, Nitz, Opsommer, Palmer, Pastor, Pearce, Proos, Rocca, Scott, Shaffer, Sheltrown, Simpson, Alma Smith, Spade, Vagnozzi, Valentine and Knollenberg offered the following resolution:

House Resolution No. 432.

A resolution to commemorate the General Motors Corporation on its 100th anniversary.

Whereas, Since its creation on September 16, 1908, the company founded by William Durant saw the future of transportation was with cars, and created some of the most inventive automotive designs of each successive generation; and

Whereas, The firm founded as a holding company for Buick began its vision of becoming a world-class automaker by acquiring and building up Oldsmobile, Cadillac, Chevrolet and Pontiac, and thrived as a result; and

Whereas, During World War II, the plants and people of General Motors contributed to the greatest expansion of American military power and superiority by working day and night to provide our men and women overseas with the equipment they needed to fight; and

Whereas, The people who work for General Motors are among the hardest-working, most industrious, most inventive at design and innovation in the automotive market; and

Whereas, The General Motors Company continues its reign as the number one automaker on Earth. It leads the world in new automotive technologies and the quest for alternative-fuel vehicles, hybrid vehicles and ethanol-fueled vehicles; and