No. 83

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Friday, September 7, 2007.

3:00 p.m.

The House was called to order by the Clerk.

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

Mr. David D. Dickson, Jr., Chief Sergeant at Arms, offered the following invocation:

"Dear Lord, we thank You for the privilege of being here in this beautiful and historic building, especially this grand Chamber, today. Let the honor and tradition of this great hall be reflected in the work Your people perform here. We ask that those who are entrusted to represent Your people, do the best that they can. In Jesus' name, we pray. Amen."

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Friday, September 7:

House Bill Nos. 5173 5174 5175 5176 5177 5178 5179 5180 5181 5182 5183

House Joint Resolution V

Senate Bill Nos. 731 732 733 734 735 736 737 738 739 740 741 742 743 744

745 746 747 748 749 750 751 752 753 754 755 756 757

Senate Joint Resolution G

Messages from the Senate

Senate Bill No. 222, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2008; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

The Senate has nonconcurred in the House substitute (H-10) and appointed Senators Brown, Jelinek and Scott as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 231, entitled

A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2008; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; to prescribe powers and duties of certain state departments and certain state and local agencies and officers; and to repeal acts and parts of acts.

The Senate has nonconcurred in the House substitute (H-6) and appointed Senators George, McManus and Clark-Coleman as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 233, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2008; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

The Senate has nonconcurred in the House substitute (H-6) and appointed Senators Cropsey, Kahn and Brater as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 234, entitled

A bill to make appropriations for the department of labor and economic growth and certain other state purposes for the fiscal year ending September 30, 2008; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The Senate has nonconcurred in the House substitute (H-6) and appointed Senators Jansen, George and Scott as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 235, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2008; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

The Senate has nonconcurred in the House substitute (H-6) and appointed Senators Garcia, Stamas and Barcia as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 238, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2008; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

The Senate has nonconcurred in the House substitute (H-6) and appointed Senators Garcia, Stamas and Barcia as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 240, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2008; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

The Senate has nonconcurred in the House substitute (H-6) and appointed Senators Hardiman, Cropsey and Anderson as conferees.

The message was referred to the Clerk for record.

Introduction of Bills

Reps. Bauer, Rick Jones, Ball, Meadows, Byrum and Opsommer introduced

House Bill No. 5184, entitled

A bill to authorize the state administrative board to accept and convey certain real property in Ingham county; to prescribe certain conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.

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

Reps. Steil, Rick Jones, Coulouris, Hune and Wenke introduced

House Bill No. 5185, entitled

A bill to amend 1919 PA 339, entitled "Dog law of 1919," by amending section 1 (MCL 287.261), as amended by 1996 PA 63.

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

Reps. Rick Jones, Steil, Stahl, Rocca, Coulouris, Wenke, Green, David Law, Stakoe, Moore, Moolenaar, Bieda, Emmons, Meadows and Dean introduced

House Bill No. 5186, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5305 (MCL 700.5305), as amended by 2000 PA 464, and by adding section 5319.

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

Reps. Coulouris, Rick Jones, Steil, Stahl, Rocca, Wenke, Green, David Law, Stakoe, Moore, Moolenaar, Bieda, Emmons, Meadows and Dean introduced

House Bill No. 5187, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 5422 and 5423 (MCL 700.5422 and 700.5423), section 5423 as amended by 2005 PA 204.

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

Reps. Steil, Rick Jones, Stahl, Rocca, Coulouris, Wenke, Green, David Law, Moore, Moolenaar, Stakoe, Bieda, Emmons, Meadows and Dean introduced

House Bill No. 5188, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5410 (MCL 700.5410).

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

Reps. McDowell, Meadows, Stahl, Donigan, Corriveau, Byrum, Lahti, Lindberg, Hood, Valentine, Garfield, Spade, Brown, Espinoza, Meisner, Polidori, Hansen, Ball, Mayes, Pastor, Young, Angerer, Ebli, Bennett, Vagnozzi, Clack, Sheltrown, Brandenburg and Gillard introduced

House Bill No. 5189, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections43537, 74117, and 83106 (MCL 324.43537, 324.74117, and 324.83106), section 43537 as amended by 1996 PA 585, section 74117 as amended by 2006 PA 477, and section 83106 as amended by 2004 PA 587.

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

Reps. Young and Lemmons introduced

House Bill No. 5190, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4f (MCL 117.4f), as amended by 2000 PA 156.

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

Rep. Tobocman introduced

House Bill No. 5191, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 2004 PA 173, and by adding section 9a; and to repeal acts and parts of acts.

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

Rep. Tobocman introduced

House Bill No. 5192, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 2b, 3, 3a, and 10 (MCL 205.92b, 205.93, 205.93a, and 205.100), section 2b as amended by 2006 PA 428 and sections 3, 3a, and 10 as amended by 2004 PA 172.

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

Rep. Tobocman introduced

House Bill No. 5193, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending sections 22, 30b, and 30c (MCL 205.22, 205.30b, and 205.30c), section 22 as amended by 1993 PA 13, section 30b as added by 1986 PA 58, and section 30c as amended by 2002 PA 616.

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

Rep. Tobocman introduced

House Bill No. 5194, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 30, 51, 261, 266, and 270 (MCL 206.30, 206.51, 206.261, 206.266, and 206.270), section 30 as amended by 2005 PA 214, section 51 as amended by 1999 PA 6, section 261 as amended by 2000 PA 195, section 266 as amended by 2006 PA 52, and section 270 as amended by 2005 PA 234; and to repeal acts and parts of acts.

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

Rep. Tobocman introduced

House Bill No. 5195, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 30, 51, 261, 266, and 270 (MCL 206.30, 206.51, 206.261, 206.266, and 206.270), section 30 as amended by 2005 PA 214, section 51 as amended by 1999 PA 6, section 261 as amended by 2000 PA 195, section 266 as amended by 2006 PA 52, and section 270 as amended by 2005 PA 234; and to repeal acts and parts of acts.

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

Rep. Tobocman introduced

House Bill No. 5196, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3 and 4a (MCL 205.93 and 205.94a), as amended by 2004 PA 172.

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

Rep. Tobocman introduced

House Bill No. 5197, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending the title and sections 3a and 5 (MCL 205.93a and 205.95), sections 3a and 5 as amended by 2004 PA 172.

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

Rep. Tobocman introduced

House Bill No. 5198, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending the title and sections 3a and 5 (MCL 205.93a and 205.95), sections 3a and 5 as amended by 2004 PA 172.

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

Rep. Tobocman introduced

House Bill No. 5199, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3 and 4a (MCL 205.93 and 205.94a), as amended by 2004 PA 172.

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

Rep. Tobocman introduced

House Bill No. 5200, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending sections 2 and 6a (MCL 205.52 and 205.56a), section 2 as amended by 2004 PA 173 and section 6a as amended by 1993 PA 325.

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

Rep. Tobocman introduced

House Bill No. 5201, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending sections 2 and 6a (MCL 205.52 and 205.56a), section 2 as amended by 2004 PA 173 and section 6a as amended by 1993 PA 325.

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

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Rep. Tobocman announced that pursuant to House Rule 1(2), the House will stand adjourned until Tuesday, September11, at 1:30 p.m.

The Clerk declared the House adjourned until Tuesday, September 11, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives