No. 87

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Tuesday, November 25, 2008.

2:00 p.m.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Assistant Clerk of the House of Representatives, who announced that a quorum was not present.

Rep. Michael G. Sak, from the 76th District, offered the following invocation:

“We give thanks this day for the expanding grandeur of Creation, worlds known and unknown, galaxies beyond galaxies, filling us with the awe and challenging our imaginations: We give thanks this day for this fragile planet earth its times and tides, its sunsets and its seasons.

We give thanks today for the joy of human life, its wonder and its surprises, as well as, its challenges and its achievements.

We give thanks this day for our human community, not only here in the Michigan House, but across this great state of Michigan and across our nation. Our common pasts and our future hope, our oneness transcending all separation, our capacity to work for peace and justice and sometimes in the midst of hostility and oppression.

We give thanks this day for all of our personal, individual high hopes and noble causes, for faith without fanaticism, for understanding of views not shared.

We give thanks this day for all those who have labored and suffered for a fairer and a more just world, also, that we live so that others might live in dignity and in freedom for human liberty and sacred rites; for opportunities to change and grow, to affirm and choose. We give thanks this day and everyday.

We pray that we may live not but by our fears, but by our hopes, not by our words, but by our deeds.

In Your name we pray, Amen.”

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, November 20:

House Bill Nos. 6666 6667 6668 6669 6670 6671 6672 6673 6674 6675 6676 6677 6678 6679

6680 6681 6682 6683 6684 6685 6686 6687 6688 6689 6690 6691 6692 6693

6694 6695 6696 6697 6698 6699 6700 6701 6702 6703 6704 6705 6706 6707

6708 6709 6710 6711 6712 6713 6714 6715 6716 6717 6718 6719 6720 6721

6722 6723 6724 6725 6726 6727 6728 6729 6730 6731 6732 6733 6734 6735

6736 6737 6738 6739 6740 6741 6742 6743 6744 6745 6746 6747

Messages from the Governor

Date: November 21, 2008

Time: 12:02 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 6403 (Public Act No. 302, I.E.), being

An act to authorize the state administrative board to convey certain state owned property in Clinton county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

(Filed with the Secretary of State November 21, 2008, at 1:26 p.m.)

Introduction of Bills

Reps. Meisner and Knollenberg introduced

House Bill No. 6748, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2008 PA 89.

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

Rep. Hopgood introduced

House Bill No. 6749, entitled

A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 8 and 14 (MCL 207.1008 and 207.1014), section 8 as amended by 2006 PA 268.

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

Rep. Donigan introduced

House Bill No. 6750, entitled

A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 2 and 5 (MCL 207.212 and 207.215), section 2 as amended by 2006 PA 346 and section 5 as amended by 1996 PA 584.

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

Rep. Leland introduced

House Bill No. 6751, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending sections 51, 77, 82, and 203 (MCL 259.51, 259.77, 259.82, and 259.203), section 51 as amended by 2002 PA 35, sections 77 and 82 as amended by 1996 PA 370, and section 203 as amended by 2008 PA 25.

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

Rep. Byrnes introduced

House Bill No. 6752, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10 and 10c (MCL 247.660 and 247.660c), section 10 as amended by 2007 PA 210 and section 10c as amended by 2005 PA 45.

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

Rep. Gonzales introduced

House Bill No. 6753, entitled

A bill to provide for transportation facilities and authorizing agreements between the department of transportation and governmental entities to create transportation authorities and authorizing public-private agreements relating to researching, planning, studying, designing, developing, financing, acquiring, constructing, tolling, operating, or maintaining a transportation facility, or any combination of those activities, or to other arrangements for the creation and operation of transportation facilities that may be financed by tolls, charges, and other revenue that may be available, including the sale of revenue bonds, or from any other available funding source, and for the department or an authority to exercise powers and immunities in furtherance of those purposes.

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

Reps. Mayes, Sheltrown and Rick Jones introduced

House Bill No. 6754, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 309 (MCL 257.309), as amended by 2004 PA 362.

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

Rep. Mayes introduced

House Bill No. 6755, 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,” by amending section 11 (MCL 460.11), as added by 2008 PA 286.

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

Rep. LaJoy introduced

House Bill No. 6756, entitled

A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending sections 782 and 783 (MCL 4.1782 and 4.1783), section 782 as added by 2007 PA 98 and section 783 as added by 2007 PA 99.

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

Rep. Valentine introduced

House Bill No. 6757, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 11 (MCL 125.1511).

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

Rep. Valentine introduced

House Bill No. 6758, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 14 and 248 (MCL 257.14 and 257.248), as amended by 2004 PA 495.

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

______

Rep. Tobocman announced that pursuant to House Rule 1(2), the House will stand adjourned until Tuesday, December 2, at 1:30 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, December 2, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives

2688 JOURNAL OF THE HOUSE [November 25, 2008] [No. 87

No. 87] [November 25, 2008] JOURNAL OF THE HOUSE 2689

2690 JOURNAL OF THE HOUSE [November 25, 2008] [No. 87