No.

90
STATE OF MICHIGAN
JOURNAL
OF THE

House of Representatives
94th Legislature
REGULAR SESSION OF 2008

House Chamber, Lansing, Thursday, December 4, 2008.

10:30 a.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—e/d/s 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—e/d/s 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—excused
Clack—present Hopgood—present Moss—present Vagnozzi—present
Clemente—present Horn—present Nitz—present Valentine—present
Condino—e/d/s Huizenga—e/d/s 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

2848 JOURNAL OF THE HOUSE [December 4, 2008] [No. 90

Rep. Condino 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.

______

Rep. Hildenbrand moved that Rep. DeRoche be excused temporarily from today’s session.
The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4402, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 506b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 980 Yeas—83

Accavitti Coulouris Johnson Palsrok

Agema Cushingberry Jones, Rick Polidori
Angerer Dean Jones, Robert Sak
Ball Dillon Lahti Scott
Bauer Donigan Law, Kathleen Shaffer
Bennett Ebli LeBlanc Sheen
Bieda Espinoza Leland Sheltrown
Booher Farrah Lemmons Simpson
Brown Gaffney Lindberg Smith, Alma
Byrnes Garfield Marleau Smith, Virgil
Byrum Gillard Mayes Spade
Calley Gonzales McDowell Stahl
Casperson Green Meadows Steil
Caswell Griffin Meisner Vagnozzi
Caul Hammel Melton Valentine
Cheeks Hammon Miller Walker
Clack Hansen Moolenaar Warren
Clemente Hood Moore Wenke
Condino Hoogendyk Moss Wojno
Constan Hopgood Nofs Young
Corriveau Jackson Opsommer

Nays—22

Acciavatti Huizenga Nitz Proos

Amos Hune Palmer Robertson
Brandenburg Knollenberg Pastor Rocca
Emmons LaJoy Pavlov Schuitmaker
Hildenbrand Law, David Pearce Stakoe
Horn Meekhof

In The Chair: Sak

No. 90] [December 4, 2008] JOURNAL OF THE HOUSE 2849

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. 4403, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 2d and 18 of chapter XIIA (MCL
712A.2d and 712A.18), section 2d as amended by 1998 PA 478 and section 18 as amended by 2004 PA 475.
The bill was read a second time.
Rep. Virgil Smith 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. 4403, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 2d and 18 of chapter XIIA (MCL
712A.2d and 712A.18), section 2d as amended by 1998 PA 478 and section 18 as amended by 2004 PA 475.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 981 Yeas—66

Accavitti Cushingberry Jones, Rick Palsrok

Angerer Dean Jones, Robert Polidori
Ball Dillon Lahti Sak
Bauer Donigan Law, Kathleen Scott
Bennett Ebli Leland Sheltrown
Bieda Espinoza Lemmons Simpson
Booher Farrah Lindberg Smith, Alma
Brown Gillard Marleau Smith, Virgil
Byrnes Gonzales Mayes Spade
Calley Green McDowell Vagnozzi
Caul Hammel Meadows Valentine
Cheeks Hammon Meisner Walker
Clack Hansen Melton Warren
Condino Hood Miller Wenke
Constan Hopgood Moolenaar Wojno
Corriveau Jackson Opsommer Young
Coulouris Johnson

Nays—40

Acciavatti Gaffney Law, David Pearce

Agema Garfield LeBlanc Proos
Amos Griffin Meekhof Robertson
Brandenburg Hildenbrand Moore Rocca
Byrum Hoogendyk Moss Schuitmaker
Casperson Horn Nitz Shaffer
Caswell Huizenga Nofs Sheen
2850 JOURNAL OF THE HOUSE [December 4, 2008] [No. 90

Clemente Hune Palmer Stahl

DeRoche Knollenberg Pastor Stakoe
Emmons LaJoy Pavlov Steil

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. 4404, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 1 and 1b of chapter IX
(MCL 769.1 and 769.1b), section 1 as amended by 1999 PA 87 and section 1b as amended by 1998 PA 520.
The bill was read a second time.
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. 4404, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 1 and 1b of chapter IX
(MCL 769.1 and 769.1b), section 1 as amended by 1999 PA 87 and section 1b as amended by 1998 PA 520.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 982 Yeas—59

Accavitti Coulouris Jackson Polidori

Angerer Cushingberry Johnson Sak
Ball Dean Jones, Robert Scott
Bauer Dillon Lahti Sheltrown
Bennett Donigan Law, Kathleen Simpson
Bieda Ebli Leland Smith, Alma
Booher Espinoza Lemmons Smith, Virgil
Brown Farrah Lindberg Spade
Byrnes Gaffney Marleau Vagnozzi
Calley Gillard Mayes Valentine
Cheeks Gonzales McDowell Walker
Clack Hammel Meadows Warren
Condino Hammon Meisner Wojno
Constan Hood Melton Young
Corriveau Hopgood Miller

Nays—47

Acciavatti Green LeBlanc Pearce

Agema Griffin Meekhof Proos
No. 90] [December 4, 2008] JOURNAL OF THE HOUSE 2851

Amos Hansen Moolenaar Robertson

Brandenburg Hildenbrand Moore Rocca
Byrum Hoogendyk Moss Schuitmaker
Casperson Horn Nitz Shaffer
Caswell Huizenga Nofs Sheen
Caul Hune Opsommer Stahl
Clemente Jones, Rick Palmer Stakoe
DeRoche Knollenberg Palsrok Steil
Emmons LaJoy Pastor Wenke
Garfield Law, David Pavlov

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.

______

Rep. Emmons, having reserved the right to explain her protest against the passage of the bill, made the following
statement:
“Mr. Speaker and members of the House:
This legislation was not properly vetted and the committee structure ignored evidenced by the fact the bill was
discharged from committee. Therefore I cannot support.”

Second Reading of Bills

House Bill No. 4405, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as
amended by 2006 PA 167.
The bill was read a second time.
Rep. Robert 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. 4405, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as
amended by 2006 PA 167.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 983 Yeas—63

Accavitti Cushingberry Hopgood Miller

Angerer Dean Jackson Polidori
Bauer Dillon Johnson Sak
Bennett Donigan Jones, Robert Scott
2852 JOURNAL OF THE HOUSE [December 4, 2008] [No. 90

Bieda Ebli Lahti Sheltrown

Booher Espinoza Law, Kathleen Simpson
Brown Farrah LeBlanc Smith, Alma
Byrnes Gillard Leland Smith, Virgil
Byrum Gonzales Lemmons Spade
Calley Green Lindberg Vagnozzi
Cheeks Griffin Marleau Valentine
Clack Hammel Mayes Walker
Clemente Hammon McDowell Warren
Condino Hansen Meadows Wojno
Constan Hood Meisner Young
Corriveau Hoogendyk Melton

Nays—43

Acciavatti Gaffney Moolenaar Proos

Agema Garfield Moore Robertson
Amos Hildenbrand Moss Rocca
Ball Horn Nitz Schuitmaker
Brandenburg Huizenga Nofs Shaffer
Casperson Hune Opsommer Sheen
Caswell Jones, Rick Palmer Stahl
Caul Knollenberg Palsrok Stakoe
Coulouris LaJoy Pastor Steil
DeRoche Law, David Pavlov Wenke
Emmons Meekhof Pearce

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. 6412, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1279g (MCL 380.1279g), as
added by 2004 PA 596.
The bill was read a second time.
Rep. Gillard 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. 6412, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1279g (MCL 380.1279g), as
added by 2004 PA 596.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows: