No. 95
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Monday, September 24, 2007.
3:00 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--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--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--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. Coleman A. Young, from the 4th District, offered the following invocation:
"Father God, we come before You today and first of all we just say thank You for allowing us to have the honor to be State Representatives. Thank You, Father God, for trusting each and everyone of us to do Your bidding at the state, Father God, to come here and to drastically change the fate of this economy, to change the fate of employment, to make Michigan the dominate boom, the economic boom town that we know You want. Father God, we say let us be vessels of Your light and truth. Father God, You said that faith is the substance of things hoped for, the evidence of things not seen and even though we can't see what the budget will look like, even though we can't see what the future struggles will be, when the last bow is cast, when the last rock is thrown , when the last battle cry is given out, Father God, and when war is over, let us stand triumphant in victory because we believe in You and we believe in Your awesome almighty power, Father God. We give You all the glory and praise, we celebrate and have jubilee celebration right now because we know You're going to open up the windows of Heaven and pour out blessings of abundance when we balance the budget and when we do what needs to be done in order to make Michigan a better place. In Your blessings we say, Amen."
______
Rep. Booher moved that Rep. Agema be excused from today's session.
The motion prevailed.
Motions and Resolutions
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 189.
A resolution of tribute offered as a memorial for James F. Smith, former member of the House of Representatives.
Whereas, It is with great respect for his lifetime of service to his community, our state, and our country that we honorthe memory of James F. Smith, whose ten years in the Michigan House of Representatives mirrored a sense of commitment to others that will long be remembered. To his entire family, we offer our sincerest condolences; and
Whereas, James Smith, a native of Davison, answered his country's call to arms at a critical point in history and served three years in the United States Army. A member of the 100th Infantry Division, he spent 18 months in Europe during World War II. This strong sense of responsibility was to mark his entire life, as he went on to serve as a member of the Davison City Council, as the Davison mayor, and as a member of the Genesee County Board of Supervisors; and
Whereas, In 1967, James Smith brought his talents and energies to Lansing for the first of his five consecutive terms as a State Representative. His tenure as a lawmaker was marked by a strong understanding of local government and business issues, as well as an abiding dedication to his constituents. His spirit, outgoing personality, and ability to articulate concerns made him an effective and respected legislator. Even after leaving the Capitol, he went on to serve as the Grand Blanc Township Treasurer; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of James F. Smith, a member of this legislative body from 1967 to 1976; and be it further
Resolved, That copies of this resolution be transmitted to the Smith family as evidence of our lasting esteem for his memory.
The question being on the adoption of the resolution,
The resolution was adopted by unanimous standing vote.
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. 5249.
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. 5249, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 224b (MCL 500.224b), as amended by 2005 PA 83.
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. 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. 5249, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 224b (MCL 500.224b), as amended by 2005 PA 83.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 390 Yeas--109
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Amos Elsenheimer Law, David Proos
Angerer Emmons Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Dillon
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 the Committee on Tax Policy be discharged from further consideration of House Bill No. 5096.
(For first notice see House Journal No. 94, p. 1528.)
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. 5096, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 9a (MCL 205.99a), as amended by 2004 PA 172.
The bill was read a second time.
Rep. Bieda 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. Bieda 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. Schuitmaker 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. 5096, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 9a (MCL 205.99a), as amended by 2004 PA 172.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 391 Yeas--56
Accavitti Coulouris Jackson Miller
Angerer Cushingberry Johnson Polidori
Bauer Dean Jones, Robert Sak
Bennett Dillon Lahti Scott
Bieda Donigan Law, Kathleen Sheltrown
Brown Ebli LeBlanc Simpson
Byrnes Espinoza Leland Smith, Alma
Byrum Farrah Lemmons Smith, Virgil
Cheeks Gillard Lindberg Spade
Clack Gonzales Mayes Tobocman
Clemente Griffin McDowell Vagnozzi
Condino Hammon Meadows Valentine
Constan Hood Meisner Warren
Corriveau Hopgood Melton Wojno
Nays--52
Acciavatti Green Meekhof Proos
Amos Hammel Meltzer Robertson
Ball Hansen Moolenaar Rocca
Booher Hildenbrand Moore Schuitmaker
Brandenburg Hoogendyk Moss Shaffer
Calley Horn Nitz Sheen
Casperson Huizenga Nofs Stahl
Caswell Hune Opsommer Stakoe
Caul Jones, Rick Palmer Steil
Elsenheimer Knollenberg Palsrok Walker
Emmons LaJoy Pastor Ward
Gaffney Law, David Pavlov Wenke
Garfield Marleau Pearce Young
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 Tax Policy be discharged from further consideration of House Bill No. 5097.
(For first notice see House Journal No. 94, p. 1528.)
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. 5097, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4i (MCL 205.54i), as amended by 2004 PA 173.
The bill was read a second time.
Rep. Bieda 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. Bieda 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. 5097, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4i (MCL 205.54i), as amended by 2004 PA 173.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 392 Yeas--57
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammon Meadows Valentine
Condino Hood Meisner Warren
Constan Hopgood Melton Wojno
Corriveau Jackson Miller Young
Coulouris
Nays--52
Acciavatti Garfield Marleau Pearce
Amos Green Meekhof Proos
Ball Hammel Meltzer Robertson
Booher Hansen Moolenaar Rocca
Brandenburg Hildenbrand Moore Schuitmaker
Calley Hoogendyk Moss Shaffer
Casperson Horn Nitz Sheen
Caswell Huizenga Nofs Stahl
Caul Hune Opsommer Stakoe
DeRoche Jones, Rick Palmer Steil
Elsenheimer Knollenberg Palsrok Walker
Emmons LaJoy Pastor Ward
Gaffney Law, David Pavlov Wenke
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 Tax Policy be discharged from further consideration of House Bill No. 4882.
(For first notice see House Journal No. 94, p. 1528.)
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. 4882, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 2, 3, and 7 (MCL 205.92, 205.93, and 205.97), sections 2 and 3 as amended by 2004 PA 172.
The bill was read a second time.
Rep. Bieda 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. Bieda moved to amend the bill as follows:
1. Amend page 10, line 19, after "(iv)" by striking out "NEW".
2. Amend page 19, line 11, after "is" by inserting "curative and".
3. Amend page 19, line 17, after "No. 265976" by inserting a comma and "as affirmed by the Michigan Supreme Court".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Bieda 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. 4882, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 2, 3, and 7 (MCL 205.92, 205.93, and 205.97), sections 2 and 3 as amended by 2004 PA 172.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 393 Yeas--57
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammon Meadows Valentine
Condino Hood Meisner Warren
Constan Hopgood Melton Wojno
Corriveau Jackson Miller Young
Coulouris
Nays--52
Acciavatti Garfield Marleau Pearce
Amos Green Meekhof Proos
Ball Hammel Meltzer Robertson
Booher Hansen Moolenaar Rocca
Brandenburg Hildenbrand Moore Schuitmaker
Calley Hoogendyk Moss Shaffer
Casperson Horn Nitz Sheen
Caswell Huizenga Nofs Stahl
Caul Hune Opsommer Stakoe
DeRoche Jones, Rick Palmer Steil
Elsenheimer Knollenberg Palsrok Walker
Emmons LaJoy Pastor Ward
Gaffney Law, David Pavlov Wenke
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Tobocman moved to amend the title to read as follows:
A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 2, 3, 4, and 7 (MCL 205.92, 205.93, 205.94, and 205.97), sections 2, 3, and 4 as amended by 2004 PA 172.
The motion prevailed.
The House agreed to the title as amended.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 229, entitled
A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2008; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.
(The bill was read a third time, substitute (H-7) offered and postponed temporarily and bill postponed temporarily on September 15, see House Journal No. 87, p. 1451.)
The question being on the passage of the bill,
Rep. Acciavatti moved to substitute (H-7) the bill.
The question being on the adoption of the substitute (H-7) offered previously by Rep. Acciavatti,
Rep. Schuitmaker demanded the yeas and nays,
The demand was supported.
The question being on the adoption of the substitute (H-7) offered previously by Rep. Acciavatti,
The substitute (H-7) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 394 Yeas--60
Acciavatti Elsenheimer Law, David Proos
Amos Emmons Marleau Robertson
Ball Gaffney Meekhof Rocca
Booher Garfield Meltzer Schuitmaker
Brandenburg Green Moolenaar Shaffer
Brown Griffin Moore Sheen
Byrum Hansen Moss Simpson
Calley Hildenbrand Nitz Spade
Casperson Hoogendyk Nofs Stahl
Caswell Horn Opsommer Stakoe
Caul Huizenga Palmer Steil
Clemente Hune Palsrok Valentine
Corriveau Jones, Rick Pastor Walker
DeRoche Knollenberg Pavlov Ward
Ebli LaJoy Pearce Wenke
Nays--49
Accavitti Dillon Jones, Robert Miller
Angerer Donigan Lahti Polidori
Bauer Espinoza Law, Kathleen Sak
Bennett Farrah LeBlanc Scott
Bieda Gillard Leland Sheltrown
Byrnes Gonzales Lemmons Smith, Alma
Cheeks Hammel Lindberg Smith, Virgil
Clack Hammon Mayes Tobocman
Condino Hood McDowell Vagnozzi
Constan Hopgood Meadows Warren
Coulouris Jackson Meisner Wojno
Cushingberry Johnson Melton Young
Dean
In The Chair: Sak
The question being on the passage of the bill,
Rep. Brown moved to amend the bill as follows:
1. Amend page 31, following line 22, by inserting:
"County revenue sharing payments (Tuscola County) $ 113,600".
2. Amend page 33, following line 17, by inserting:
"County revenue sharing payments (Tuscola County) $ 113,600"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Tobocman moved to substitute (H-9) the bill.
The motion was seconded and the substitute (H-9) 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. 395 Yeas--58
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammel Meadows Valentine
Condino Hammon Meisner Warren
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson
Nays--51
Acciavatti Garfield Meekhof Proos
Amos Green Meltzer Robertson
Ball Hansen Moolenaar Rocca
Booher Hildenbrand Moore Schuitmaker
Brandenburg Hoogendyk Moss Shaffer
Calley Horn Nitz Sheen
Casperson Huizenga Nofs Stahl
Caswell Hune Opsommer Stakoe
Caul Jones, Rick Palmer Steil
DeRoche Knollenberg Palsrok Walker
Elsenheimer LaJoy Pastor Ward
Emmons Law, David Pavlov Wenke
Gaffney Marleau Pearce
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Tobocman moved to amend the title to read as follows:
A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, information technology, management and budget including civil service, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2008; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.
The motion prevailed.
The House agreed to the title as amended.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Stahl, 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:
Prior legislation was substituted with no explanation given of that which was being substituted. I could not vote yes for something I did not have knowledge of what was being voting on."
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 Tax Policy be discharged from further consideration of House Bill No. 5252.
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. 5252, entitled
A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending sections 7 and 7b (MCL 205.427 and 205.427b), section 7 as amended by 2004 PA 164 and section 7b as added by 2002 PA 607.
The bill was read a second time.
Rep. Meisner 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. Hildenbrand moved that Rep. Acciavatti 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. 5252, entitled
A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending sections 7 and 7b (MCL 205.427 and 205.427b), section 7 as amended by 2004 PA 164 and section 7b as added by 2002 PA 607.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 396 Yeas--58
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammel Meadows Valentine
Condino Hammon Meisner Warren
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson
Nays--50
Amos Green Meltzer Proos
Ball Hansen Moolenaar Robertson
Booher Hildenbrand Moore Rocca
Brandenburg Hoogendyk Moss Schuitmaker
Calley Horn Nitz Shaffer
Casperson Huizenga Nofs Sheen
Caswell Hune Opsommer Stahl
Caul Jones, Rick Palmer Stakoe
DeRoche Knollenberg Palsrok Steil
Elsenheimer LaJoy Pastor Walker
Emmons Law, David Pavlov Ward
Gaffney Marleau Pearce Wenke
Garfield Meekhof
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. Moore, 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:
Yet another bill discharged from committee where we have had no chance to read the bill, no public input during the committee process, and no chance to speak to it on the house floor. I will not vote for a bill that I can't read, ask questions, and assure that it is good for the 97th district."
Rep. Sheen, 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:
HB 5252 - This bill was discharged on to the floor, we had no opportunity to read it and the Democratic Majority would not even allow us to ask any questions on this bill. This bill did not go through the committee process as has so many of the bills over the last few weeks. This is no way to run an elected legislature. The majority has the power to out vote the opposing party on every vote, they can at least afford us the ability to ask questions and speak to a bill. The people are being short changed and their voice is being silenced by the refusal of the Democratic majority to allow the duly elected representatives of the minority no chance to speak or scrutinize legislation."
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 Tax Policy be discharged from further consideration of House Bill No. 5253.
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. 5253, 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 second time.
Rep. Meisner 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. Meisner 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. Schuitmaker moved that Rep. Steil 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. 5253, 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 397 Yeas--58
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammel Meadows Valentine
Condino Hammon Meisner Warren
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson
Nays--49
Amos Green Meekhof Pearce
Ball Hansen Meltzer Proos
Booher Hildenbrand Moolenaar Robertson
Brandenburg Hoogendyk Moore Rocca
Calley Horn Moss Schuitmaker
Casperson Huizenga Nitz Shaffer
Caswell Hune Nofs Sheen
Caul Jones, Rick Opsommer Stahl
DeRoche Knollenberg Palmer Stakoe
Elsenheimer LaJoy Palsrok Walker
Emmons Law, David Pastor Ward
Gaffney Marleau Pavlov Wenke
Garfield
In The Chair: Sak
The House agreed to the title of the bill.
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 Tax Policy be discharged from further consideration of House Bill No. 5254.
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. 5254, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3a, 4, 4a, 4d, 4k, and 9a (MCL 205.93a, 205.94, 205.94a, 205.94d, 205.94k, and 205.99a), sections 3a, 4, 4a, 4d, and 9a as amended by 2004 PA 172 and section 4k as amended by 2006 PA 18.
The bill was read a second time.
Rep. Meisner 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. Meisner moved to amend the bill as follows:
1. Amend page 3, line 6, after "BEFORE" by striking out "JUNE" and inserting "OCTOBER".
2. Amend page 3, line 10, after "BEGINNING" by striking out "JUNE" and inserting "OCTOBER".
3. Amend page 16, line 2, by striking out "JUNE" and inserting "OCTOBER".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Meisner 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. 5254, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3a, 4, 4a, 4d, 4k, and 9a (MCL 205.93a, 205.94, 205.94a, 205.94d, 205.94k, and 205.99a), sections 3a, 4, 4a, 4d, and 9a as amended by 2004 PA 172 and section4k as amended by 2006 PA 18.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 398 Yeas--58
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammel Meadows Valentine
Condino Hammon Meisner Warren
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson
Nays--49
Amos Green Meekhof Pearce
Ball Hansen Meltzer Proos
Booher Hildenbrand Moolenaar Robertson
Brandenburg Hoogendyk Moore Rocca
Calley Horn Moss Schuitmaker
Casperson Huizenga Nitz Shaffer
Caswell Hune Nofs Sheen
Caul Jones, Rick Opsommer Stahl
DeRoche Knollenberg Palmer Stakoe
Elsenheimer LaJoy Palsrok Walker
Emmons Law, David Pastor Ward
Gaffney Marleau Pavlov Wenke
Garfield
In The Chair: Sak
The House agreed to the title of the bill.
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 Tax Policy be discharged from further consideration of House Bill No. 5255.
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. 5255, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending sections 2, 4a, 4g, 4i, 4m, 4r, 4t, 4x, 4aa, and 6a (MCL 205.52, 205.54a, 205.54g, 205.54i, 205.54m, 205.54r, 205.54t, 205.54x, 205.54aa, and 205.56a), sections 2, 4a, 4g, 4i, 4m, 4r, and 4t as amended by 2004 PA 173, section 4x as amended by 2006 PA 17, section 4aa as added by 2002 PA 617, and section 6a as amended by 1993 PA 325.
The bill was read a second time.
Rep. Meisner 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. Meisner 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. 5255, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending sections 2, 4a, 4g, 4i, 4m, 4r, 4t, 4x, 4aa, and 6a (MCL 205.52, 205.54a, 205.54g, 205.54i, 205.54m, 205.54r, 205.54t, 205.54x, 205.54aa, and 205.56a), sections 2, 4a, 4g, 4i, 4m, 4r, and 4t as amended by 2004 PA 173, section 4x as amended by 2006 PA 17, section 4aa as added by 2002 PA 617, and section 6a as amended by 1993 PA 325.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 399 Yeas--58
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammel Meadows Valentine
Condino Hammon Meisner Warren
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson
Nays--49
Amos Green Meekhof Pearce
Ball Hansen Meltzer Proos
Booher Hildenbrand Moolenaar Robertson
Brandenburg Hoogendyk Moore Rocca
Calley Horn Moss Schuitmaker
Casperson Huizenga Nitz Shaffer
Caswell Hune Nofs Sheen
Caul Jones, Rick Opsommer Stahl
DeRoche Knollenberg Palmer Stakoe
Elsenheimer LaJoy Palsrok Walker
Emmons Law, David Pastor Ward
Gaffney Marleau Pavlov Wenke
Garfield
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Tobocman moved to amend the title to read as follows:
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending sections 2, 4a, 4g, 4i, 4x, and 6a (MCL 205.52, 205.54a, 205.54g, 205.54i, 205.54x, and 205.56a), sections 2, 4a, 4g, and 4i as amended by 2004 PA 173, section4x as amended by 2006 PA 17, and section 6a as amended by 1993 PA 325.
The motion prevailed.
The House agreed to the title as amended.
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 Tax Policy be discharged from further consideration of House Bill No. 5256.
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. 5256, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3703, 3704, 5903, and 5904 (MCL 324.3703, 324.3704, 324.5903, and 324.5904), as added by 1995 PA 60.
The bill was read a second time.
Rep. Meisner 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. 5256, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3703, 3704, 5903, and 5904 (MCL 324.3703, 324.3704, 324.5903, and 324.5904), as added by 1995 PA 60.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 400 Yeas--58
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammel Meadows Valentine
Condino Hammon Meisner Warren
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson
Nays--49
Amos Green Meekhof Pearce
Ball Hansen Meltzer Proos
Booher Hildenbrand Moolenaar Robertson
Brandenburg Hoogendyk Moore Rocca
Calley Horn Moss Schuitmaker
Casperson Huizenga Nitz Shaffer
Caswell Hune Nofs Sheen
Caul Jones, Rick Opsommer Stahl
DeRoche Knollenberg Palmer Stakoe
Elsenheimer LaJoy Palsrok Walker
Emmons Law, David Pastor Ward
Gaffney Marleau Pavlov Wenke
Garfield
In The Chair: Sak
The House agreed to the title of the bill.
______
Rep. Sheen, 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:
HB 5256 - These are deductions that were created to encourage business to purchase and install air and water pollution devices. This is a legitimate deduction not a loop-hole."
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Meisner offered the following concurrent resolution:
House Concurrent Resolution No. 49.
A concurrent resolution to create a tax credit, exemption and deduction joint study committee to make recommendations on the effectiveness and cost of tax credits, exemptions, and deductions in Michigan.
Whereas, Michigan will forego approximately $30 billion in state revenue for fiscal year 2007-2008 as a result of preferential provisions such as exclusions, deductions, exemptions, credits, deferrals, or lower tax rates, also known as tax credits, exemptions, and deductions; and
Whereas, Michigan has recently addressed serious budget difficulties, which required the state to resolve more than a $1.8 billion shortfall for fiscal year 2007-2008. Projections for the future include another major imbalance developing for the next fiscal year; and
Whereas, Many tax credits, exemptions and deductions support the values of Michigan, make the basic needs of Michiganders more affordable, and help support economic growth and jobs in the state; and
Whereas, A detailed study of the effectiveness of each tax credit exemption and deduction has not been undertaken during the recent budget crisis; and
Whereas, Many tax credits, exemptions, and deductions may not provide the job creation and positive economic impact originally intended. It is important to ensure that tax policies achieve economic development goals for the benefit of all Michigan citizens when balanced against the loss of revenues and state services; now therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we establish the Tax Credit, Exemption and Deduction Joint Study Committee. The joint committee shall be comprised of the following membership:
--Three members of the Senate, with two appointed by the Senate Majority Leader and one appointed by the Senate Minority Leader;
--Three members of the House, with two appointed by the Speaker of the House and one appointed by the House Minority Leader;
--A member of the organized labor community appointed jointly by the legislators appointed to the Tax Credit, Exemption and Deduction Joint Study Committee;
--A member of the business community appointed jointly by the legislators appointed to the Tax Credit Exemption and Deduction Joint Study Committee;
--A representative of the State Treasurer;
--A representative of the Director of the Department of Labor and Economic Growth; and
--A representative of the Director of the Department of Management and Budget.
The tax credit, exemption and deduction joint study committee shall explore the effectiveness of tax credits, exemptions and deductions, study their relevance in today's economy and the goals of state government, and recommend the elimination, modification, or preservation of each tax credit, exemption and deduction currently in existence; and be it further
Resolved, That the tax credit exemption and deduction joint study committee shall make recommendations to the Michigan Legislature not later than June 1, 2008; and be it further
Resolved, That the joint committee is hereby authorized to expend a maximum amount of $5,000 in carrying out its duties and such additional expenditures deemed necessary and approved by the Senate Majority Leader and the Speaker of the House. Payment for contractual services may be authorized by the Senate Majority Leader and the Speaker of the House.
Pending the reference of the concurrent resolution to a committee,
Rep. Tobocman moved that Rule 71 be suspended and the concurrent resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Monday, September 24, for her approval of the following bill:
Enrolled House Bill No. 4673 at 4:30 p.m.
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Monday, September 24:
Senate Bill Nos. 799 800 801
Senate Joint Resolution H
The Clerk announced that the following Senate bill had been received on Monday, September 24:
Senate Bill No. 778
Messages from the Senate
Senate Bill No. 778, 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 Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
Notices
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 418, Reps. Melton, Meadows and Ball.
The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5194, Reps.Tobocman, Meisner and Ward.
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 Appropriations from further consideration of Senate Bill No. 374.
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. 204.
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. 774.
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 House Bill No. 5257.
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 House Bill No. 5258.
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 House Bill No. 4847.
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. Proos
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. Proos
Communications from State Officers
The following communication from the Secretary of State was received and read:
Notice of Filing
Administrative Rules
September 24, 2007
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 1:20 P.M. this date, administrative rule (07-09-05) for the Director's Office, Entitled "Construction Code - Part 7. Plumbing Code". These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
Sincerely,
Terri Lynn Land
Secretary of State
Robin Houston, Office Supervisor
Office of the Great Seal
The communication was referred to the Clerk.
Introduction of Bills
Reps. Gillard, Byrnes, Gonzales, Dean, Walker, Valentine and Cheeks introduced
House Bill No. 5261, entitled
A bill to amend 1978 PA 390, entitled "An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts," by amending section 3 (MCL 408.473).
The bill was read a first time by its title and referred to the Committee on Families and Children's Services.
Announcements by the Clerk
September 21, 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 Bureau of Local Government Services, Department of Treasury, September2007.
Richard J. Brown
Clerk of the House
______
Rep. Clack moved that the House adjourn.
The motion prevailed, the time being 8:30 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, September 25, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives