No. 89
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Monday, September 17, 2007.
12:01 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--excused 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--excused 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--present Hopgood--present Moss--present Vagnozzi--present
Clemente--present Horn--present Nitz--present Valentine--present
Condino--present Huizenga--present Nofs--present Walker--present
Constan--present Hune--present Opsommer--present Ward--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. John Proos, from the 79th District, offered the following invocation:
"Heavenly Father
It is with contrite and humble hearts that we stand before You this day, Father, to ask for Your forgiveness and mercy for even with our best effort we are sinners. Remind us of Your loving presence as we seek to do Your will and, as in the story of the prodigal Son, give us the strength to return to Your home.
Lord, grant us the wisdom to do Your will as we seek to address the challenges of our State.
And Father, in a special way we remember the men and women who are, at this very moment, serving our nation throughout our world. Please, if it be Your will, keep them safe from harm as they do the work that they were sent to do for each of us in our great nation.
We ask this and all of the silent intentions carried on the hearts and minds of those gathered here today in Your name we pray, Amen."
______
Rep. Booher moved that Reps. Agema and Casperson be excused from today's session.
The motion prevailed.
Third Reading of Bills
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 third time and postponed temporarily on September 14, see House Journal No. 86, p. 1442; vote considered and postponed temporarily on September 15, see House Journal No. 87, p. 1453; vote considered and postponed temporarily on September 16, see House Journal No. 88, p. 1463.)
The question being on the passage of the bill,
Rep. Tobocman moved that consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Tobocman moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Tobocman moved that when the House adjourns today it stand adjourned until Tuesday, September 18, at 4:00 p.m.
The motion prevailed.
Reps. Miller, Clack, Condino, Constan, Hammel, Hammon, Hopgood, Robert Jones, Kathleen Law, Leland, Lemmons, Meisner, Melton, Polidori, Scott and Valentine offered the following resolution:
House Resolution No. 184.
A resolution to express support for the National Labor Relations Board Union in its attempts to bargain with the National Labor Relations Board.
Whereas, On August 17, 2007, the National Labor Relations Board Union filed a complaint against the National Labor Relations Board (NLRB) for its general counsel's failure to bargain in good faith over a unit consolidation petition by the union to consolidate the four bargaining units representing the employees of the general counsel and the NLRB. This issue is particularly significant since it appears that the general counsel of the board, a recent political appointee, is engaging in the type of conduct the board is supposed to stop when it occurs in the private sector; and
Whereas, In 2005, the National Labor Relations Board Union began the effort to consolidate the NLRB's bargaining units and the unit representing employees of the board's general counsel into one. This formal effort followed years of negotiating the four unit's bargaining agreements together. The NLRB general counsel, arguing that the recognition would undercut the law that set up the board and set up the general counsel as a form of independent prosecutor separate from the operations of the board, is defying a ruling by the Federal Labor Relations Authority that authorizes the four-unit merger; and
Whereas, Indeed, in its ruling, the Federal Labor Relations Authority determined that the bargaining for the board and the general counsel headquarters units had been conducted jointly for at least 30 years and that the board and the general counsel operate by a consensus so that the National Labor Relations Board "...has a unified agency policy applicable to all employees." Clearly, equitability and logic argue that the board that is responsible for oversight of issues related to fair union representation must operate in a manner that befits its unique and critical role as the governmental guardian of collective bargaining rights; now, therefore, be it
Resolved by the House of Representatives, That we hereby express support for the National Labor Relations Board Union in its attempts to bargain with the National Labor Relations Board; and be it further
Resolved, That copies of this resolution be transmitted to the National Labor Relations Board Union.
The resolution was referred to the Committee on Oversight and Investigations.
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 Monday, September 17:
House Bill Nos. 5211 5212 5213 5214 5215 5216 5217 5218 5239
The Clerk announced that the following Senate bills had been received on Monday, September 17:
Senate Bill Nos. 772 773
Messages from the Senate
Senate Bill No. 772, entitled
A bill to make interim general appropriations for various state departments and agencies, capital outlay, the legislative branch, the judicial branch, and certain other purposes for the period of October 1, 2007 to October 31, 2007; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by various state departments and agencies; to provide for the appointment of special committees; and to declare the effect of this act.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 773, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 8b, 11, 11j, 17b, 39a, and 147 (MCL 388.1608b, 388.1611, 388.1611j, 388.1617b, 388.1639a, and 388.1747), section 8b as amended by 2003 PA 158, sections 11, 11j, 17b, and 147 as amended by 2007 PA 6, and section 39a as amended by 2006 PA 342; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 4797.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 4798.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 546.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 547.
Rep. Tobocman
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. 4975.
Rep. Tobocman
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. 4976.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 5167.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 5006.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 4600.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 4601.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Military and Veterans Affairs and Homeland Security from further consideration of House Bill No. 4977.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 5005.
Rep. Tobocman
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. 4542.
Rep. Tobocman
Introduction of Bills
Reps. Garfield, Nitz, Rick Jones, Nofs, Pastor, LaJoy, Emmons, Hoogendyk, Meekhof and Meltzer introduced
House Bill No. 5240, entitled
A bill to repeal 2002 PA 49, entitled "Michigan broadband development authority act," (MCL 484.3201 to 484.3225).
The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.
Rep. LeBlanc introduced
House Bill No. 5241, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 223 (MCL 257.223).
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Bennett introduced
House Bill No. 5242, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3122, 5522, 11135, 11153, 11525a, 12103, 12109, and 12112 (MCL 324.3122, 324.5522, 324.11135, 324.11153, 324.11525a, 324.12103, 324.12109, and 324.12112), section 3122 as added by 2004 PA 90, section 5522 as amended by 2005 PA 169, sections 11135, 12103, 12109, and 12112 as amended and section 11153 as added by 2001 PA 165, and section 11525a as amended by 2003 PA 153.
The bill was read a first time by its title and referred to the Committee on Appropriations.
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Rep. Cushingberry moved that the House adjourn.
The motion prevailed, the time being 9:25 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, September 18, at 4:00 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives