No. 94
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Sunday, September 23, 2007.
6:00 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--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--excused
Bieda--present Garfield--present Marleau--present Shaffer--present
Booher--present Gillard--present Mayes--present Sheen--e/d/s
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--e/d/s
Calley--present Hammon--present Melton--present Spade--present
Casperson--present Hansen--present Meltzer--present Stahl--e/d/s
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--e/d/s 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--e/d/s Palsrok--present Wenke--present
Cushingberry--present Jones, Rick--present Pastor--present Wojno--present
Dean--present Jones, Robert--present Pavlov--present Young--e/d/s
DeRoche--present Knollenberg--present
e/d/s = entered during session
Rep. Lorence Wenke, from the 63rd District, offered the following invocation:
"Almighty God, Father of us all, Creator of the universe and our friend.
We begin our sessions with prayer to You so that we can thank You for Your presence and acknowledge our dependence upon You.
You created this day and gave it to us as a gift to use to glorify You and for service to the people of Michigan.
We stand in awe of Your power to surround us with such beauty and give us life.
Our collective hearts go out to those who have suffered the loss of life, the loss of family, the loss of health or wealth or the loss of their spirit for living or faith in You.
In this world You allow Satan and evil to score some victories. Fifty years ago, because of racism, a few African American boys and girls needed the government to help them attend a public school.
Jessica Lunsford's father was in this building a few months ago because his nine-year-old daughter was taken from her bed by a neighbor and abused for days before he buried her alive.
Our collective hearts cry out for justice for those who are oppressed. We ask forgiveness for our blindness to our own sins and our silence when our neighbor is not treated as we ourselves would like to be treated.
In Micah 6:8 You tell us what is required of us: that we are to act justly and to love our neighbor and to walk humbly with our God.
Bless our efforts to obey and to do good in Your name. Amen."
______
Rep. Booher moved that Rep. Agema be excused from today's session.
The motion prevailed.
Rep. Tobocman moved that Rep. Scott be excused from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4668, entitled
A bill to amend 1935 PA 120, entitled "An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police," by amending section 3 (MCL 28.273), as amended by 2004 PA 359.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Appropriations,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Reps. Hansen and LeBlanc moved to amend the bill as follows:
1. Amend page 2, line 13, after "(3)" by inserting "UNTIL OCTOBER 1, 2010,".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. LeBlanc 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. 4668, entitled
A bill to amend 1935 PA 120, entitled "An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police," by amending section 3 (MCL 28.273), as amended by 2004 PA 359.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 373 Yeas--94
Accavitti Dillon LaJoy Pavlov
Acciavatti Donigan Law, David Pearce
Amos Ebli Law, Kathleen Polidori
Angerer Elsenheimer LeBlanc Proos
Ball Emmons Leland Robertson
Bauer Espinoza Lemmons Rocca
Bennett Farrah Lindberg Sak
Bieda Gaffney Marleau Schuitmaker
Booher Gillard Mayes Shaffer
Brown Gonzales McDowell Sheltrown
Byrnes Green Meadows Simpson
Byrum Griffin Meekhof Smith, Alma
Calley Hammel Meisner Spade
Casperson Hammon Melton Stakoe
Caswell Hansen Meltzer Steil
Caul Hildenbrand Miller Tobocman
Cheeks Hood Moolenaar Vagnozzi
Clemente Hopgood Moore Valentine
Condino Horn Moss Walker
Constan Huizenga Nitz Ward
Corriveau Jackson Nofs Warren
Coulouris Jones, Rick Opsommer Wenke
Cushingberry Jones, Robert Palsrok Wojno
Dean Lahti
Nays--7
DeRoche Hoogendyk Knollenberg Pastor
Garfield Hune 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.
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 Appropriations be discharged from further consideration of House Bill No. 5242.
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
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 second time.
Rep. Bennett 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.
______
Reps. Clack and Johnson entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 374 Yeas--84
Accavitti Dean Jones, Rick Pavlov
Acciavatti Dillon Jones, Robert Pearce
Angerer Donigan Lahti Polidori
Ball Ebli LaJoy Proos
Bauer Elsenheimer Law, David Sak
Bennett Espinoza Law, Kathleen Schuitmaker
Bieda Farrah LeBlanc Shaffer
Booher Gaffney Leland Sheltrown
Brown Gillard Lemmons Simpson
Byrnes Gonzales Lindberg Smith, Alma
Byrum Green Mayes Spade
Calley Griffin McDowell Stakoe
Caswell Hammel Meadows Steil
Cheeks Hammon Meisner Tobocman
Clack Hansen Melton Vagnozzi
Clemente Hildenbrand Miller Valentine
Condino Hood Moore Walker
Constan Hopgood Nitz Ward
Corriveau Horn Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palsrok Wojno
Nays--19
Amos Garfield Marleau Palmer
Casperson Hoogendyk Meekhof Pastor
Caul Huizenga Meltzer Robertson
DeRoche Hune Moolenaar Rocca
Emmons Knollenberg Moss
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.
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 Appropriations be discharged from further consideration of House Bill No. 4865.
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
House Bill No. 4865, entitled
A bill to amend 1964 PA 265, entitled "Uniform securities act," by amending section 202 (MCL 451.602), as amended by 2003 PA 150.
The bill was read a second time.
Rep. Johnson 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. 4865, entitled
A bill to amend 1964 PA 265, entitled "Uniform securities act," by amending section 202 (MCL 451.602), as amended by 2003 PA 150.
The bill was read a third time and not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 375 Yeas--54
Accavitti Coulouris Jackson Melton
Angerer Cushingberry Johnson Miller
Bauer Dean Jones, Robert Polidori
Bennett Dillon Lahti Sak
Bieda Donigan Law, Kathleen Sheltrown
Brown Espinoza LeBlanc Simpson
Byrnes Farrah Leland Smith, Alma
Byrum Gillard Lemmons Spade
Cheeks Gonzales Lindberg Tobocman
Clack Griffin Mayes Vagnozzi
Clemente Hammel McDowell Valentine
Condino Hammon Meadows Warren
Constan Hood Meisner Wojno
Corriveau Hopgood
Nays--49
Acciavatti Garfield Marleau Pavlov
Amos Green Meekhof Pearce
Ball Hansen Meltzer Proos
Booher Hildenbrand Moolenaar Robertson
Calley Hoogendyk Moore Rocca
Casperson Horn Moss Schuitmaker
Caswell Huizenga Nitz Shaffer
Caul Hune Nofs Stakoe
DeRoche Jones, Rick Opsommer Steil
Ebli Knollenberg Palmer Walker
Elsenheimer LaJoy Palsrok Ward
Emmons Law, David Pastor Wenke
Gaffney
In The Chair: Sak
______
Rep. Schuitmaker, 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:
It allows the administration to set the fees from this point forward without coming before this legislative body."
Rep. Elsenheimer, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I oppose because the bill allows the administration to set its own fee schedule from this point on without further review by the legislature."
Rep. Tobocman moved to reconsider the vote by which the House did not pass the bill.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Tobocman moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Stahl entered the House Chambers.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Tobocman moved that a respectful message be sent to the Senate requesting the return of House Bill No. 5194.
The motion prevailed.
Rep. Young entered the House Chambers.
Third Reading of Bills
The House returned to the consideration of
House Bill No. 4865, entitled
A bill to amend 1964 PA 265, entitled "Uniform securities act," by amending section 202 (MCL 451.602), as amended by 2003 PA 150.
(The bill was considered earlier today, see today's Journal, p. 1505.)
The question being on the passage of the bill,
Rep. Tobocman moved to substitute (H-2) the bill.
The motion was seconded and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 376 Yeas--90
Accavitti Dean Jones, Rick Pavlov
Acciavatti Dillon Jones, Robert Pearce
Angerer Donigan Lahti Polidori
Ball Ebli Law, Kathleen Proos
Bauer Elsenheimer LeBlanc Rocca
Bennett Emmons Leland Sak
Bieda Espinoza Lemmons Schuitmaker
Booher Farrah Lindberg Shaffer
Brown Gaffney Mayes Sheltrown
Byrnes Gillard McDowell Simpson
Byrum Gonzales Meadows Smith, Alma
Calley Green Meekhof Spade
Casperson Griffin Meisner Steil
Caswell Hammel Melton Tobocman
Caul Hammon Miller Vagnozzi
Cheeks Hansen Moolenaar Valentine
Clack Hildenbrand Moore Walker
Clemente Hood Moss Ward
Condino Hopgood Nitz Warren
Constan Horn Nofs Wenke
Corriveau Huizenga Opsommer Wojno
Coulouris Jackson Palsrok Young
Cushingberry Johnson
Nays--15
Amos Hune Marleau Robertson
DeRoche Knollenberg Meltzer Stahl
Garfield LaJoy Palmer Stakoe
Hoogendyk Law, David 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.
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 Appropriations be discharged from further consideration of House Bill No. 4866.
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
House Bill No. 4866, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 1060 (MCL 450.2060), as amended by 2003 PA 106.
The bill was read a second time.
Rep. Tobocman 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. Johnson 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.
______
Reps. Brandenburg and Virgil Smith entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4866, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 1060 (MCL 450.2060), as amended by 2003 PA 106.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 377 Yeas--90
Accavitti Dean Jones, Rick Pearce
Acciavatti Dillon Jones, Robert Polidori
Angerer Donigan Lahti Proos
Ball Ebli Law, Kathleen Rocca
Bauer Elsenheimer LeBlanc Sak
Bennett Emmons Leland Schuitmaker
Bieda Espinoza Lemmons Shaffer
Booher Farrah Lindberg Sheltrown
Brown Gaffney Mayes Simpson
Byrnes Gillard McDowell Smith, Alma
Byrum Gonzales Meadows Smith, Virgil
Calley Green Meekhof Spade
Casperson Griffin Meisner Steil
Caswell Hammel Melton Tobocman
Caul Hammon Miller Vagnozzi
Cheeks Hansen Moolenaar Valentine
Clack Hildenbrand Moore Walker
Clemente Hood Nitz Ward
Condino Hopgood Nofs Warren
Constan Horn Opsommer Wenke
Corriveau Huizenga Palsrok Wojno
Coulouris Jackson Pavlov Young
Cushingberry Johnson
Nays--17
Amos Hune Marleau Pastor
Brandenburg Knollenberg Meltzer Robertson
DeRoche LaJoy Moss Stahl
Garfield Law, David Palmer Stakoe
Hoogendyk
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.
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 Appropriations be discharged from further consideration of House Bill No. 4842.
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
House Bill No. 4842, entitled
A bill to amend 1979 PA 152, entitled "State license fee act," by amending sections 3, 13, 15, 17, 21, 23, 25, 27, 28, 29, 31, 37, 38, 39, 43, and 62 (MCL 338.2203, 338.2213, 338.2215, 338.2217, 338.2221, 338.2223, 338.2225, 338.2227, 338.2228, 338.2229, 338.2231, 338.2237, 338.2238, 338.2239, 338.2243, and 338.2262), sections 3 and 37 as amended by 2006 PA 645, sections 13, 15, 17, 21, 23, 25, 27, 29, 31, 38, 39, 43, and 62 as amended by 2003 PA 87, and section 28 as added by 2006 PA 490.
The bill was read a second time.
Rep. Tobocman 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. Meadows 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. 4842, entitled
A bill to amend 1979 PA 152, entitled "State license fee act," by amending sections 3, 13, 15, 17, 21, 23, 25, 27, 28, 29, 31, 37, 38, 39, 43, and 62 (MCL 338.2203, 338.2213, 338.2215, 338.2217, 338.2221, 338.2223, 338.2225, 338.2227, 338.2228, 338.2229, 338.2231, 338.2237, 338.2238, 338.2239, 338.2243, and 338.2262), sections 3 and 37 as amended by 2006 PA 645, sections 13, 15, 17, 21, 23, 25, 27, 29, 31, 38, 39, 43, and 62 as amended by 2003 PA 87, and section 28 as added by 2006 PA 490.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 378 Yeas--90
Accavitti Dean Jones, Rick Pearce
Acciavatti Dillon Jones, Robert Polidori
Angerer Donigan Lahti Proos
Ball Ebli Law, Kathleen Rocca
Bauer Elsenheimer LeBlanc Sak
Bennett Emmons Leland Schuitmaker
Bieda Espinoza Lemmons Shaffer
Booher Farrah Lindberg Sheltrown
Brown Gaffney Mayes Simpson
Byrnes Gillard McDowell Smith, Alma
Byrum Gonzales Meadows Smith, Virgil
Calley Green Meekhof Spade
Casperson Griffin Meisner Steil
Caswell Hammel Melton Tobocman
Caul Hammon Miller Vagnozzi
Cheeks Hansen Moolenaar Valentine
Clack Hildenbrand Moore Walker
Clemente Hood Nitz Ward
Condino Hopgood Nofs Warren
Constan Horn Opsommer Wenke
Corriveau Huizenga Palsrok Wojno
Coulouris Jackson Pavlov Young
Cushingberry Johnson
Nays--17
Amos Hune Marleau Pastor
Brandenburg Knollenberg Meltzer Robertson
DeRoche LaJoy Moss Stahl
Garfield Law, David Palmer Stakoe
Hoogendyk
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Tobocman moved that the Committee on Intergovernmental, Urban and Regional Affairs be discharged from further consideration of House Bill No. 5217.
(For first notice see House Journal No. 93, p. 1499.)
The question being on the motion made by Rep. Tobocman,
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
House Bill No. 5217, entitled
A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 13 (MCL 141.913), as amended by 2006 PA 437.
The bill was read a second time.
Rep. Tobocman 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. Tobocman moved to amend the bill as follows:
1. Amend page 6, line 10, after "BY" by striking out "$1,072,665,200.00" and inserting "$1,072,665,000.00".
2. Amend page 9, line 1, after "BY" by striking out "$1,072,665,200.00" and inserting "$1,072,665,000.00".
The motion prevailed and the amendments were 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
House Bill No. 5217, entitled
A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 13 (MCL 141.913), as amended by 2006 PA 437.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 379 Yeas--107
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Shaffer
Brandenburg Gillard Marleau Sheltrown
Brown Gonzales Mayes Simpson
Byrnes Green McDowell Smith, Alma
Byrum Griffin Meadows Smith, Virgil
Calley Hammel Meekhof Spade
Casperson Hammon Meisner Stahl
Caswell Hansen Melton Stakoe
Caul Hildenbrand Meltzer Steil
Cheeks Hood Miller Tobocman
Clack Hoogendyk Moolenaar Vagnozzi
Clemente Hopgood Moore Valentine
Condino Horn Moss Walker
Constan Huizenga Nitz Ward
Corriveau Hune Nofs Warren
Coulouris Jackson Opsommer Wenke
Cushingberry Johnson Palmer Wojno
Dean Jones, Rick Palsrok Young
DeRoche Jones, Robert Pastor
Nays--0
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.
______
Rep. Sheen entered the House Chambers.
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 Appropriations be discharged from further consideration of Senate Bill No. 211.
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
Senate Bill No. 211, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 809 (MCL 257.809), as amended by 2005 PA 141.
The bill was read a second time.
Rep. Tobocman 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. 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.
______
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
Senate Bill No. 211, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 809 (MCL 257.809), as amended by 2005 PA 141.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 380 Yeas--76
Accavitti Coulouris Johnson Polidori
Acciavatti Cushingberry Jones, Robert Proos
Amos Dean Lahti Robertson
Angerer Dillon LaJoy Rocca
Bauer Donigan Law, Kathleen Sak
Bennett Ebli Leland Schuitmaker
Bieda Espinoza Lemmons Shaffer
Brandenburg Farrah Lindberg Simpson
Brown Gaffney Marleau Smith, Alma
Byrum Gonzales McDowell Smith, Virgil
Calley Green Meadows Spade
Casperson Griffin Meisner Stakoe
Caswell Hammel Melton Tobocman
Cheeks Hammon Miller Valentine
Clack Hildenbrand Moss Walker
Clemente Hood Nitz Warren
Condino Hopgood Nofs Wenke
Constan Huizenga Pavlov Wojno
Corriveau Jackson Pearce Young
Nays--31
Ball Hansen Mayes Pastor
Booher Hoogendyk Meekhof Sheen
Byrnes Horn Meltzer Sheltrown
Caul Hune Moolenaar Stahl
DeRoche Jones, Rick Moore Steil
Elsenheimer Knollenberg Opsommer Vagnozzi
Emmons Law, David Palmer Ward
Garfield LeBlanc Palsrok
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,"
The House agreed to the full title.
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 Appropriations be discharged from further consideration of Senate Bill No. 655.
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
Senate Bill No. 655, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 61 (MCL 169.261), as amended by 1993 PA 262.
The bill was read a second time.
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.
______
Rep. Tobocman moved that Rep. Dillon be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 655, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 61 (MCL 169.261), as amended by 1993 PA 262.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 381 Yeas--68
Acciavatti Dean Johnson Nitz
Angerer DeRoche Jones, Rick Palmer
Bauer Donigan Jones, Robert Pavlov
Bennett Ebli Knollenberg Pearce
Bieda Emmons Lahti Proos
Booher Espinoza LaJoy Robertson
Brandenburg Farrah Law, David Rocca
Brown Gaffney Law, Kathleen Schuitmaker
Byrnes Green Leland Shaffer
Calley Griffin Lemmons Sheltrown
Casperson Hammel Lindberg Smith, Alma
Caul Hammon Marleau Smith, Virgil
Cheeks Hildenbrand McDowell Tobocman
Clack Hood Meekhof Valentine
Condino Hopgood Melton Wenke
Constan Horn Meltzer Wojno
Cushingberry Huizenga Moss Young
Nays--38
Accavitti Gonzales Moolenaar Simpson
Amos Hansen Moore Spade
Ball Hoogendyk Nofs Stahl
Byrum Hune Opsommer Stakoe
Caswell Jackson Palsrok Steil
Clemente LeBlanc Pastor Vagnozzi
Corriveau Mayes Polidori Walker
Coulouris Meadows Sak Ward
Elsenheimer Meisner Sheen Warren
Garfield Miller
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances incertain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,"
The House agreed to the full title.
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 Appropriations be discharged from further consideration of Senate Bill No. 656.
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
Senate Bill No. 656, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 25 (MCL 205.75), as amended by 2006 PA 69.
The bill was read a second time.
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. 656, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 25 (MCL 205.75), as amended by 2006 PA 69.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 382 Yeas--56
Accavitti Constan Hammon Polidori
Acciavatti Coulouris Hansen Sak
Angerer Cushingberry Hildenbrand Schuitmaker
Bauer Dean Hood Sheltrown
Bennett DeRoche Huizenga Simpson
Bieda Donigan Jackson Smith, Alma
Brown Ebli Johnson Smith, Virgil
Byrnes Espinoza Jones, Robert Spade
Byrum Farrah Leland Tobocman
Caul Gaffney Lemmons Valentine
Cheeks Gonzales Mayes Ward
Clack Green Melton Warren
Clemente Griffin Miller Wenke
Condino Hammel Palmer Wojno
Nays--50
Amos Horn Meekhof Pearce
Ball Hune Meisner Proos
Booher Jones, Rick Meltzer Robertson
Brandenburg Knollenberg Moolenaar Rocca
Calley Lahti Moore Shaffer
Casperson LaJoy Moss Sheen
Caswell Law, David Nitz Stahl
Corriveau Law, Kathleen Nofs Stakoe
Elsenheimer LeBlanc Opsommer Steil
Emmons Lindberg Palsrok Vagnozzi
Garfield Marleau Pastor Walker
Hoogendyk McDowell Pavlov Young
Hopgood Meadows
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,"
The House agreed to the full title.
Rep. Angerer 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. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Angerer moved that the Committee on Appropriations be discharged from further consideration of Senate Bill No. 657.
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
Senate Bill No. 657, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section21506a (MCL 324.21506a), as amended by 2006 PA 318.
The bill was read a second time.
Rep. Angerer 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. Angerer moved that Rep. Tobocman be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 657, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section21506a (MCL 324.21506a), as amended by 2006 PA 318.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 383 Yeas--76
Accavitti Cushingberry Jackson Palmer
Acciavatti Dean Johnson Pavlov
Angerer DeRoche Jones, Rick Pearce
Bauer Donigan Jones, Robert Polidori
Bennett Ebli Lahti Rocca
Bieda Espinoza LaJoy Sak
Booher Farrah Law, David Shaffer
Brown Gaffney Law, Kathleen Sheltrown
Byrnes Garfield LeBlanc Simpson
Byrum Gonzales Leland Smith, Alma
Calley Green Lemmons Smith, Virgil
Caul Griffin Lindberg Spade
Cheeks Hammel Mayes Steil
Clack Hammon McDowell Vagnozzi
Clemente Hansen Meadows Valentine
Condino Hildenbrand Meisner Warren
Constan Hood Melton Wenke
Corriveau Hopgood Meltzer Wojno
Coulouris Huizenga Miller Young
Nays--29
Amos Horn Moss Robertson
Ball Hune Nitz Schuitmaker
Brandenburg Knollenberg Nofs Sheen
Casperson Marleau Opsommer Stahl
Caswell Meekhof Palsrok Stakoe
Elsenheimer Moolenaar Pastor Walker
Emmons Moore Proos Ward
Hoogendyk
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,"
The House agreed to the full title.
Rep. Angerer 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. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Angerer moved that the Committee on Appropriations be discharged from further consideration of Senate Bill No.676.
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
Senate Bill No. 676, entitled
A bill to amend 1976 PA 295, entitled "State transportation preservation act of 1976," by amending section 17a (MCL 474.67a), as added by 2001 PA 126.
The bill was read a second time.
Rep. Angerer 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. Hood moved that Rep. Meadows be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 676, entitled
A bill to amend 1976 PA 295, entitled "State transportation preservation act of 1976," by amending section 17a (MCL 474.67a), as added by 2001 PA 126.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 384 Yeas--85
Accavitti Cushingberry Jones, Rick Pearce
Acciavatti Dean Jones, Robert Polidori
Angerer Donigan LaJoy Proos
Ball Ebli Law, David Rocca
Bauer Emmons Law, Kathleen Sak
Bennett Espinoza LeBlanc Schuitmaker
Bieda Farrah Leland Shaffer
Booher Gaffney Lemmons Sheltrown
Brandenburg Garfield Marleau Simpson
Brown Gonzales Mayes Smith, Alma
Byrnes Green Meisner Smith, Virgil
Byrum Griffin Melton Spade
Calley Hammel Meltzer Stakoe
Caswell Hammon Miller Steil
Caul Hansen Moore Vagnozzi
Cheeks Hildenbrand Moss Valentine
Clack Hood Nitz Ward
Clemente Hopgood Nofs Warren
Condino Huizenga Palmer Wenke
Constan Jackson Palsrok Wojno
Corriveau Johnson Pavlov Young
Coulouris
Nays--19
Amos Horn McDowell Robertson
Casperson Hune Meekhof Sheen
DeRoche Knollenberg Moolenaar Stahl
Elsenheimer Lahti Opsommer Walker
Hoogendyk Lindberg Pastor
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to improve and maintain transportation services in this state; to provide for the acquisition and use of funds; to provide for the acquisition of certain railroad facilities and certain property; to provide for the disposition and use of facilities and property acquired under this act; to provide for financial assistance to certain private transportation services; to prescribe the powers and duties of certain state departments and agencies; to provide for the transfer of certain funds; to provide for the creation of certain funds; and to provide for appropriations,"
The House agreed to the full title.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Hune moved that Reps. Ward and Gaffney be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 210, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 806 (MCL 257.806), as amended by 2006 PA 526.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 385 Yeas--56
Accavitti Coulouris Hood Proos
Acciavatti Cushingberry Hopgood Schuitmaker
Amos Dean Huizenga Shaffer
Bieda DeRoche Jackson Simpson
Booher Donigan Johnson Smith, Alma
Brandenburg Ebli Jones, Robert Smith, Virgil
Brown Emmons Lahti Spade
Casperson Espinoza Law, Kathleen Stakoe
Caswell Farrah Leland Steil
Cheeks Gonzales Lemmons Tobocman
Clack Green Meekhof Valentine
Clemente Hammel Nitz Wenke
Condino Hammon Pavlov Wojno
Corriveau Hildenbrand Polidori Young
Nays--48
Angerer Hansen McDowell Palsrok
Ball Hoogendyk Meadows Pastor
Bauer Horn Meisner Pearce
Bennett Hune Melton Robertson
Byrnes Jones, Rick Meltzer Rocca
Byrum Knollenberg Miller Sak
Calley LaJoy Moolenaar Sheen
Caul Law, David Moore Sheltrown
Constan LeBlanc Moss Stahl
Elsenheimer Lindberg Nofs Vagnozzi
Garfield Marleau Opsommer Walker
Griffin Mayes Palmer Warren
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,"
The House agreed to the full title.
Rep. Angerer 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
Messages from the Senate
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 Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) and amended the title to read as follows:
A bill to amend 1967 PA 281, entitled "An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts," by amending sections 30, 261, 266, and 270 (MCL 206.30, 206.261, 206.266, and 206.270), section 30 as amended by 2005 PA 214, 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.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Tobocman moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-2) made to the bill by the Senate,
The substitute (S-2) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 386 Yeas--0
Nays--108
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Shaffer
Brandenburg Gillard Marleau Sheen
Brown Gonzales Mayes Sheltrown
Byrnes Green McDowell Simpson
Byrum Griffin Meadows Smith, Alma
Calley Hammel Meekhof Smith, Virgil
Casperson Hammon Meisner Spade
Caswell Hansen Melton Stahl
Caul Hildenbrand Meltzer Stakoe
Cheeks Hood Miller Steil
Clack Hoogendyk Moolenaar Tobocman
Clemente Hopgood Moore Vagnozzi
Condino Horn Moss Valentine
Constan Huizenga Nitz Walker
Corriveau Hune Nofs Ward
Coulouris Jackson Opsommer Warren
Cushingberry Johnson Palmer Wenke
Dean Jones, Rick Palsrok Wojno
DeRoche Jones, Robert Pastor Young
In The Chair: Sak
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following Senate bills had been received on Sunday, September 23:
Senate Bill Nos. 237 511 622
Messages from the Senate
Senate Bill No. 237, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 6, 6a, 8b, 11, 11a, 11f, 11g, 11j, 11k, 11m, 15, 18, 19, 20, 20j, 22a, 22b, 22d, 24, 24a, 24c, 26a, 26b, 31a, 31d, 31f, 32b, 32c, 32d, 32j, 32l, 37, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 56, 57, 61a, 62, 64, 65, 74, 76, 81, 94a, 98, 99, 99e, 104, 107, 147, and 163 (MCL 388.1603, 388.1606, 388.1606a, 388.1608b, 388.1611, 388.1611a, 388.1611f, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632c, 388.1632d, 388.1632j, 388.1632l, 388.1637, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1664, 388.1665, 388.1674, 388.1676, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1699e, 388.1704, 388.1707, 388.1747, and 388.1763), sections 3, 11, 11g, 11j, 22a, 22b, 26b, 31a, 51a, 51c, 65, 81, and 147 as amended by 2007 PA 6, sections 6, 11a, 11f, 11k, 15, 18, 20, 20j, 22d, 24, 26a, 31d, 31f, 32c, 32d, 32j, 32l, 37, 39a, 41, 51d, 53a, 54, 54a, 56, 57, 61a, 62, 74, 94a, 98, 99, and 107 as amended and sections 11m, 24a, 24c, 32b, 64, 99e, and 104 as added by 2006 PA 342, section 6a as amended by 1997 PA 93, section 8b as amended by 2003 PA 158, section 19 as amended by 2005 PA 155, section 76 as amended by 1996 PA 300, and section 163 as amended by 2004 PA 351, and by adding section 32n; and to repeal acts and parts of acts.
The bill was read a first time by its title.
Pending the reference of the bill to a committee,
Rep. Tobocman moved that Rules 41 and 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Tobocman moved that the bill be placed on the order of Second Reading of Bills.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 237, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 6, 6a, 8b, 11, 11a, 11f, 11g, 11j, 11k, 11m, 15, 18, 19, 20, 20j, 22a, 22b, 22d, 24, 24a, 24c, 26a, 26b, 31a, 31d, 31f, 32b, 32c, 32d, 32j, 32l, 37, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 56, 57, 61a, 62, 64, 65, 74, 76, 81, 94a, 98, 99, 99e, 104, 107, 147, and 163 (MCL 388.1603, 388.1606, 388.1606a, 388.1608b, 388.1611, 388.1611a, 388.1611f, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632c, 388.1632d, 388.1632j, 388.1632l, 388.1637, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1664, 388.1665, 388.1674, 388.1676, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1699e, 388.1704, 388.1707, 388.1747, and 388.1763), sections 3, 11, 11g, 11j, 22a, 22b, 26b, 31a, 51a, 51c, 65, 81, and 147 as amended by 2007 PA 6, sections 6, 11a, 11f, 11k, 15, 18, 20, 20j, 22d, 24, 26a, 31d, 31f, 32c, 32d, 32j, 32l, 37, 39a, 41, 51d, 53a, 54, 54a, 56, 57, 61a, 62, 74, 94a, 98, 99, and 107 as amended and sections 11m, 24a, 24c, 32b, 64, 99e, and 104 as added by 2006 PA 342, section 6a as amended by 1997 PA 93, section 8b as amended by 2003 PA 158, section 19 as amended by 2005 PA 155, section 76 as amended by 1996 PA 300, and section 163 as amended by 2004 PA 351, and by adding section 32n; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.
The question being on the motion made by Rep. Tobocman,
Rep. Tobocman demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Tobocman,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 387 Yeas--30
Acciavatti Emmons Meltzer Robertson
Amos Garfield Nitz Shaffer
Ball Hildenbrand Palmer Sheen
Brandenburg Hoogendyk Palsrok Stahl
Calley Huizenga Pastor Stakoe
Caswell Hune Pavlov Steil
DeRoche Marleau Proos Ward
Elsenheimer Meekhof
Nays--78
Accavitti Dillon Knollenberg Opsommer
Angerer Donigan Lahti Pearce
Bauer Ebli LaJoy Polidori
Bennett Espinoza Law, David Rocca
Bieda Farrah Law, Kathleen Sak
Booher Gaffney LeBlanc Schuitmaker
Brown Gillard Leland Sheltrown
Byrnes Gonzales Lemmons Simpson
Byrum Green Lindberg Smith, Alma
Casperson Griffin Mayes Smith, Virgil
Caul Hammel McDowell Spade
Cheeks Hammon Meadows Tobocman
Clack Hansen Meisner Vagnozzi
Clemente Hood Melton Valentine
Condino Hopgood Miller Walker
Constan Horn Moolenaar Warren
Corriveau Jackson Moore Wenke
Coulouris Johnson Moss Wojno
Cushingberry Jones, Rick Nofs Young
Dean Jones, Robert
In The Chair: Sak
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 511, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2008; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The bill was read a first time by its title.
Pending the reference of the bill to a committee,
Rep. Tobocman moved that Rules 41 and 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Tobocman moved that the bill be placed on the order of Second Reading of Bills.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 511, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2008; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.
The question being on the motion made by Rep. Tobocman,
Rep. Tobocman demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Tobocman,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 388 Yeas--42
Acciavatti Green Moss Rocca
Amos Hansen Nitz Schuitmaker
Booher Hildenbrand Opsommer Shaffer
Brandenburg Hoogendyk Palmer Sheen
Calley Huizenga Palsrok Stahl
Caswell Hune Pastor Stakoe
DeRoche Jones, Rick Pavlov Steil
Elsenheimer Knollenberg Pearce Walker
Emmons Marleau Proos Ward
Gaffney Meekhof Robertson Wenke
Garfield Meltzer
Nays--66
Accavitti Coulouris Johnson Moolenaar
Angerer Cushingberry Jones, Robert Moore
Ball Dean Lahti Nofs
Bauer Dillon LaJoy Polidori
Bennett Donigan Law, David Sak
Bieda Ebli Law, Kathleen Sheltrown
Brown Espinoza LeBlanc Simpson
Byrnes Farrah Leland Smith, Alma
Byrum Gillard Lemmons Smith, Virgil
Casperson Gonzales Lindberg Spade
Caul Griffin Mayes Tobocman
Cheeks Hammel McDowell Vagnozzi
Clack Hammon Meadows Valentine
Clemente Hood Meisner Warren
Condino Hopgood Melton Wojno
Constan Horn Miller Young
Corriveau Jackson
In The Chair: Sak
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5104, entitled
A bill to amend 2007 PA 36, entitled "Michigan business tax act," by amending section 201 (MCL 208.1201).
The bill was read a third time.
The question being on the passage of the bill,
Rep. Bieda moved to substitute (H-6) the bill.
The motion was seconded and the substitute (H-6) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Bieda moved to amend the bill as follows:
1. Amend page 5, following line 25, by inserting:
"Enacting section 2. This amendatory act does not take effect unless House Bill No. 5194 of the 94th Legislature is enacted into law.".
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 389 Yeas--108
Accavitti Dillon Knollenberg Pavlov
Acciavatti Donigan Lahti Pearce
Amos Ebli LaJoy Polidori
Angerer Elsenheimer Law, David Proos
Ball Emmons Law, Kathleen Robertson
Bauer Espinoza LeBlanc Rocca
Bennett Farrah Leland Sak
Bieda Gaffney Lemmons Schuitmaker
Booher Garfield Lindberg Shaffer
Brandenburg Gillard Marleau Sheen
Brown Gonzales Mayes Sheltrown
Byrnes Green McDowell Simpson
Byrum Griffin Meadows Smith, Alma
Calley Hammel Meekhof Smith, Virgil
Casperson Hammon Meisner Spade
Caswell Hansen Melton Stahl
Caul Hildenbrand Meltzer Stakoe
Cheeks Hood Miller Steil
Clack Hoogendyk Moolenaar Tobocman
Clemente Hopgood Moore Vagnozzi
Condino Horn Moss Valentine
Constan Huizenga Nitz Walker
Corriveau Hune Nofs Ward
Coulouris Jackson Opsommer Warren
Cushingberry Johnson Palmer Wenke
Dean Jones, Rick Palsrok Wojno
DeRoche Jones, Robert Pastor Young
Nays--0
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Tobocman moved that when the House adjourns today it stand adjourned until Monday, September 24, at 3:00 p.m.
The motion prevailed.
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 Friday, September 21:
House Bill Nos. 5259 5260
Senate Bill Nos. 794 795 796 797 798
Messages from the Senate
House Bill No. 4799, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 61 (MCL 38.1361), as amended by 2006 PA 158.
The Senate has amended the bill as follows:
1. Amend page 1, line 6, by striking out all of line 6 through "PARTIES" on line 8 and inserting "OR IS HIRED AS AN INDEPENDENT CONTRACTOR BY A REPORTING UNIT".
2. Amend page 2, line 16, after "(b)" by striking out the balance of the line through "THE" on line 17 and inserting "The".
3. Amend page 2, line 25, by striking out all of line 25 through line 3 of page 3 and inserting:
"(C) THE RETIRANT SHALL CERTIFY THAT THE HOSPITAL, MEDICAL-SURGICAL, AND SICK CARE BENEFITS PLAN, DENTAL PLAN, VISION PLAN, AND HEARING PLAN, AS APPLICABLE, THAT COVERS RETIRANTS, RETIREMENT ALLOWANCE BENEFICIARIES, AND HEALTH INSURANCE DEPENDENTS CONTAINS A COORDINATION OF BENEFITS PROVISION SO THAT THE PLAN IS COORDINATED WITH ALL OTHER PLANS AVAILABLE TO THE RETIRANT UNDER SECTION 91." and renumbering the remaining subsection.
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 622, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 1003 (MCL 330.2003), as amended by 1993 PA 252.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
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
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Commerce from further consideration of House Bill No. 4901.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 4389.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 4882.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 5096.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 5097.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 772.
Rep. Acciavatti
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 773.
Rep. Acciavatti
Announcements by the Clerk
September 20, 2007
Received from the Auditor General a copy of the following audit report and/or report summary:
Follow-up of the performance audit of the Michigan Educational Assessment Program, Department of Education and Department of Treasury, September 2007.
Richard J. Brown
Clerk of the House
______
Rep. Clemente moved that the House adjourn.
The motion prevailed, the time being 11:59 p.m.
The Speaker Pro Tempore declared the House adjourned until Monday, September 24, at 3:00 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives