The House was called to order by the Speaker.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

 

 

Agee--present

Alley--present

Anthony--present

Baade--excused

Baird--present

Bankes--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

 

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--excused

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Rep. Kwame Kilpatrick, from the 9th District, offered the following invocation:

 

"Almighty God, We would like to thank You for this life. We would like to thank You for this opportunity to make a difference in others' lives. We ask that You please continue to bless us, lead us and guide us through the journey of life. We ask this blessing and all blessings in the name of Thy son, Jesus. Amen."

 

 

 

 

Rep. Dobronski moved that Reps. Baade and Mans be excused from today's session.

The motion prevailed.

 

 

 

 

House Bill No. 4716, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 9a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on House Oversight and Ethics,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Callahan moved to amend the bill as follows:

1. Amend page 1, line 5, after "THAN" by striking out "7" and inserting "10".

2. Amend page 1, line 6, after "THAN" by striking out "$50,000.00" and inserting "$100,000.00".

3. Amend page 2, line 1, after "THAN" by striking out "2" and inserting "10".

4. Amend page 2, line 2, after "THAN" by striking out "$25,000.00" and inserting "$50,000.00".

5. Amend page 4, line 26, after the second "THAN" by striking out "$5,000.00" and inserting "$10,000.00".

The question being on the adoption of the amendments offered by Rep. Callahan,

Rep. Gagliardi demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Callahan,

The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 483 Yeas--105

 

 

Emerson

 

 

Nays--0

 

 

In The Chair: Hertel

 

 

Rep. Richner moved to substitute (H-3) the bill.

The question being on the adoption of the substitute (H-3) offered by Rep. Richner,

Rep. Richner demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-3) offered by Rep. Richner,

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 484 Yeas--49

 

 

Dobb

 

 

Nays--54

 

 

Frank LaForge

 

 

In The Chair: Hertel

Rep. Kaza, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

This substitute equates labor unions and their rank-and-file members with organized crime.

Americans are fair and open-minded people; they reject the notion of guilt by association.

It would be unfair and guilt by association to equate corporations with organized crime.

Likewise, it is unfair and guilt by association to equate unions and their rank-and-file members with organized crime.

Labor unions and their rank-and-file members are legal, law-abiding Americans who have proven their patriotism for America on many occasions in our nation's history.

The essence of America is its greatness.

This substitute cheapens America's greatness."

 

Rep. Kaza moved to amend the bill as follows:

1. Amend page 5, following line 16, by inserting:

"(7) THE DEPARTMENT OF ATTORNEY GENERAL SHALL CREATE AN ORGANIZED CRIME TASK FORCE TO MONITOR ORGANIZED CRIME ACTIVITIES IN THIS STATE.".

The question being on the adoption of the amendment offered by Rep. Kaza,

Rep. Kaza demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Kaza,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 485 Yeas--105

 

 

Fitzgerald

 

 

Nays--0

 

 

In The Chair: Hertel

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 5, following line 16, following subsection (7), by inserting:

"(8) AN INDIVIDUAL 18 YEARS OF AGE OR OVER WHO VIOLATES SECTION 7401(2)(A)(iv) OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7401, BY DELIVERING A CONTROLLED SUBSTANCE DESCRIBED IN SCHEDULE 1 OR 2 THAT IS EITHER A NARCOTIC DRUG OR DESCRIBED IN SECTION 7214(A)(iv) OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7214, TO A PERSON ON OR WITHIN 1,000 FEET OF A CASINO SHALL BE PUNISHED BY A TERM OF IMPRISONMENT OF NOT LESS THAN 2 YEARS OR MORE THAN 3 TIMES THAT AUTHORIZED BY SECTION 7401(2)(A)(iv) OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7401, AND, IN ADDITION, MAY BE PUNISHED BY A FINE OF NOT MORE THAN 3 TIMES THAT AUTHORIZED BY SECTION 7401(2)(A)(iv) OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7401.

The question being on the adoption of the amendment offered by Rep. Cropsey,

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Cropsey,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 486 Yeas--100

 

 

 

 

In The Chair: Hertel

 

 

 

 

Rep. Middaugh moved that Reps. Gernaat and Alley be excused temporarily from today's session.

The motion prevailed.

 

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 5, following line 16, following subsection (10), by inserting:

"SEC. 9B. (1) A PERSON WHO HOLDS A CASINO LICENSE SHALL NOT INSTALL, OWN, OR OPERATE OR ALLOW ANOTHER PERSON TO INSTALL, OWN, OR OPERATE AN ELECTRONIC FUNDS TRANSFER TERMINAL ON THE PREMISES OF THE CASINO.

(2) A PERSON WHO HOLDS A CASINO LICENSE SHALL NOT INSTALL, OWN, OR OPERATE OR ALLOW ANOTHER PERSON TO INSTALL, OWN, OR OPERATE ON THE PREMISES OF THE CASINO A GAME THAT IS PLAYED WITH A DEVICE THAT ALLOWS A PLAYER TO OPERATE THE GAME BY TRANSFERRING FUNDS ELECTRONICALLY FROM A CREDIT CARD.

(3) AS USED IN THIS SECTION:

(A) "CREDIT CARD" MEANS A CARD OR DEVICE ISSUED BY A PERSON LICENSED UNDER 1984 PA 379, MCL 493.101 TO 493.114, OR UNDER THE CONSUMER FINANCIAL SERVICES ACT, 1988 PA 161, MCL 487.2051 TO 487.2072, OR ISSUED BY A DEPOSITORY FINANCIAL INSTITUTION AS DEFINED IN SECTION 1A OF THE MORTGAGE BROKERS, LENDERS, AND SERVICERS LICENSING ACT, 1987 PA 173, MCL 445.1651A, UNDER A CREDIT CARD ARRANGEMENT.

(B) "CREDIT CARD ARRANGEMENT" MEANS AN UNSECURED EXTENSION OF CREDIT FOR PURCHASING GOODS OR SERVICES FROM THE CREDIT CARD ISSUER OR ANY OTHER PERSON THAT IS MADE TO THE HOLDER OF A CREDIT CARD AND THAT IS ACCESSED WITH A CREDIT CARD.

(C) "ELECTRONIC FUNDS TRANSFER TERMINAL" MEANS AN INFORMATION PROCESSING DEVICE USED FOR THE PURPOSE OF EXECUTING DEPOSIT ACCOUNT TRANSACTIONS BETWEEN FINANCIAL INSTITUTIONS AND THEIR CUSTOMERS BY EITHER THE DIRECT TRANSMISSION OF ELECTRONIC IMPULSES OR THE RECORDING OF ELECTRONIC IMPULSES FOR DELAYED PROCESSING. THE FACT THAT A DEVICE IS USED FOR OTHER PURPOSES DOES NOT PREVENT IT FROM BEING AN ELECTRONIC FUNDS TRANSFER TERMINAL.".

The question being on the adoption of the amendment offered by Rep. Voorhees,

Rep. Voorhees demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Voorhees,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 487 Yeas--49

 

 

Fitzgerald

 

 

Gagliardi Mathieu

 

 

In The Chair: Hertel

 

 

Reps. Lowe and Cropsey moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"SEC. 9. (1) Section 9. Conduct of Gaming. (a) Gaming shall be conducted by the holder of a casino license LICENSEE subject to the following: standards:

The question being on the adoption of the amendment offered by Reps. Lowe and Cropsey,

Rep. Lowe demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Lowe and Cropsey,

Reps. Lowe and Cropsey moved to amend the Lowe and Cropsey amendment as follows:

1. Amend the Lowe and Cropsey amendment, page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:", section 9, subsection (3), subdivision (A), after "CHURCH" by inserting a comma and "SYNAGOGUE, AND ANY OTHER PLACE OF WORSHIP".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Gagliardi moved to amend the Lowe and Cropsey amendment as follows:

1. Amend the Lowe and Cropsey amendment, page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:", section 9, following subsection (4), by inserting:

"(5) THE CITY COUNCIL MAY WAIVE THE REQUIREMENTS IN SUBSECTION (3).".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the amendment offered previously by Reps. Lowe and Cropsey,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 488 Yeas--105

 

 

Fitzgerald

 

 

Nays--0

 

 

In The Chair: Hertel

 

 

 

 

Rep. Wetters asked and obtained a temporary excuse from today's session.

 

Rep. Gagliardi moved to reconsider the vote by which the House adopted the amendment.

The question being on the motion by Rep. Gagliardi,

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Gagliardi,

The motion prevailed, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:

 

 

Dobronski

 

 

Nays--52

 

 

 

 

In The Chair: Hertel

 

 

 

 

 

 

Rep. Gagliardi requested a ruling of the Chair as to whether or not the amendment offered by Reps. Lowe and Cropsey is germane.

 

The Chair ruled the amendment is not germane pursuant to House Rule 64. As it was introduced, HB 4716 was a single section bill to add criminal penalties to the Initiated Law. The proposed amendment will add a new section which is not germane to the subject matter of the bill as it was originally introduced and as it is currently before the House.

 

 

Rep. Lowe appealed the decision of the Chair.

The question being, "Shall the judgment of the Chair stand as the judgment of the House?"

The judgment of the Chair stood as the judgment of the House, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:

Roll Call No. 490 Yeas--55

 

 

 

 

Nays--50

 

 

Fitzgerald Jelinek

 

 

In The Chair: Hertel

 

 

Rep. Gubow moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Cropsey.

The motion prevailed.

The question being on the adoption of the amendment offered previously by Rep. Cropsey,

Rep. Cropsey withdrew the amendment.

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"SEC. 9. (1) Section 9. Conduct of Gaming. (a) Gaming shall be conducted by the holder of a casino license LICENSEE subject to the following: standards:

The question being on the adoption of the amendment offered by Rep. Cropsey,

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Cropsey,

 

 

 

 

 

 

Rep. Gagliardi requested a ruling of the Chair as to whether or not the amendment offered by Rep. Cropsey is germane.

 

The Chair ruled the amendment is not germane pursuant to House Rule 64 because it adds a new proposition to the bill.

 

 

Rep. Cropsey appealed the decision of the Chair.

The question being, "Shall the judgment of the Chair stand as the judgment of the House?"

The judgment of the Chair stood as the judgment of the House, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 491 Yeas--55

 

 

 

 

Nays--52

 

 

 

 

In The Chair: Hertel

 

 

Rep. Rhead moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi 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

 

 

House Bill No. 4716, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 9a.

Was read a third time and not passed, 3/4 of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 492 Yeas--61

 

 

Frank

 

 

Nays--45

 

 

Dobb

 

 

In The Chair: Hertel

 

 

 

 

Reps. Fitzgerald, Sikkema, Dalman, McBryde, Cassis, Bobier, Gilmer, Johnson, Oxender, Scranton, Horton, Jelinek, Crissman, Goschka, Brackenridge, Middleton, Jaye, Lowe, Whyman, Raczkowski, Birkholz, Jellema, Kukuk, DeVuyst, Gustafson, Jansen, London, Geiger, Cropsey, Bankes, Bodem and Dobb, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

This bill is part of a package of bills that provides regulation of casino operations in the city of Detroit. This package must be viewed in totality to ensure the highest integrity of the games for those who choose to play, the strictest regulation of those who operate the casinos, strongest enforcement to ensure public safety, the most insurance that casino operators remit the amount properly due the state, and ensure the tax payers do not pay for any of the regulation of these casinos.

This legislation does not meet the highest standards proposed by the Gaming Control Board. Therefore, I cannot support this bill."

 

Rep. Hammerstrom, 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:

I voted "NO" on HB 4716 because the amendments that had originally been adopted with broad based support were stripped off the bill after reconsideration. I believe this action severely weakened the bill and, therefore, could not support it."

 

 

 

 

House Bill No. 4744, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 17.

The bill was read a second time.

Rep. Llewellyn moved to amend the bill as follows:

1. Amend page 1, line 1, after "SEC." by striking out "17" and inserting "18".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Llewellyn moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi 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

 

 

House Bill No. 4744, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 17.

Was read a third time and passed, 3/4 of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 493 Yeas--105

 

 

Emerson

 

 

Nays--0

 

 

In The Chair: Hertel

 

 

The question being on agreeing to the title of the bill,

Rep. Gagliardi moved to amend the title to read as follows:

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 18.

The motion prevailed.

The House agreed to the title as amended.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

House Bill No. 4666, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 10a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on House Oversight and Ethics,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Voorhees moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi 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

 

 

House Bill No. 4666, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 10a.

Was read a third time and passed, 3/4 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 494 Yeas--102

 

 

Dobronski Jellema

 

 

Nays--2

 

 

Nye Walberg

 

 

In The Chair: Hertel

 

 

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

House Bill No. 4739, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 1 (MCL 432.201).

The bill was read a second time.

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 1, line 5, after "ITY," by striking out "GROWTH,".

The question being on the adoption of the amendment offered by Rep. Voorhees,

Rep. Voorhees demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Voorhees,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 495 Yeas--63

 

 

 

 

Nays--37

 

 

Gagliardi

 

 

In The Chair: Hertel

 

 

Rep. Alley moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi 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

 

 

House Bill No. 4739, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 1 (MCL 432.201).

Was read a third time and not passed, 3/4 of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 496 Yeas--68

 

 

 

 

Nays--36

 

 

 

 

In The Chair: Hertel

 

 

 

 

Rep. Gubow, 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 voted no on this bill in that it merely states legislative intent and adds no substance to the bill. The tradition in Michigan legislative drafting is to not include separate statements of legislative intent, but to have the language in the bill clearly set forth what the bill does. In addition the general language of this type can only create conflicts and confusion and does not control the specific sections of the bill. For these reasons I have traditionally opposed legislative efforts to include this type of intent language in bills."

 

 

 

 

House Bill No. 4721, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 6a.

The bill was read a second time.

Rep. Hanley moved to amend the bill as follows:

1. Amend page 1, line 10, after "BOARD," by striking out "OF" and inserting "OR".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 2, following line 19, by inserting:

"(5) A CASINO LICENSEE SHALL NOT EMPLOY AN INDIVIDUAL WHO HAS BEEN CONVICTED OF A FELONY TO WORK IN A CASINO OR CASINO ENTERPRISE.".

The question being on the adoption of the amendment offered by Rep. Cropsey,

Rep. Hanley moved to amend the Cropsey amendment as follows:

1. Amend the Cropsey amendment, page 2, following line 19, subsection (5), following "FELONY" by inserting "WITHIN THE 5-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE OF EMPLOYMENT".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the amendment offered previously by Rep. Cropsey,

The amendment was adopted, a majority of the members serving voting therefor.

Rep. Hanley moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi 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

 

 

House Bill No. 4721, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 6a.

Was read a third time and passed, 3/4 of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 497 Yeas--103

 

 

 

 

Nays--1

 

 

Nye

 

 

In The Chair: Hertel

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

House Bill No. 4725, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 5 (MCL 432.205).

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on House Oversight and Ethics,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Fitzgerald moved to substitute (H-3) the bill.

The question being on the adoption of the substitute (H-3) offered by Rep. Fitzgerald,

Rep. Fitzgerald demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-3) offered by Rep. Fitzgerald,

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 498 Yeas--52

 

 

 

 

Nays--51

 

 

 

 

In The Chair: Hertel

Rep. Varga moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi 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

 

 

House Bill No. 4725, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 5 (MCL 432.205).

Was read a third time and not passed, 3/4 of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 499 Yeas--66

 

 

Frank Law

 

 

Nays--40

 

 

 

 

In The Chair: Hertel

 

 

 

 

House Bill No. 4856, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 31b.

The bill was read a second time.

Rep. Profit moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi 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

 

 

House Bill No. 4856, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 31b.

The bill was read a third time.

The question being on the passage of the bill,

 

 

 

 

 

 

Rep. Gustafson requested a ruling of the Chair on the number of votes required to pass HB 4856.

The Chair ruled that a majority of the Members elected and serving is required, 55 votes. An extraordinary vote is not required to pass an amendment to the Single Business Tax Act which is the subject of HB 4856, even though the bill proposes to earmark monies for the Casino Gaming Fund created by the Initiated Law of 1996.

 

Rep. Gustafson appealed the decision of the Chair.

The question being, "Shall the judgment of the Chair stand as the judgment of the House?"

The judgment of the Chair stood as the judgment of the House, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 500 Yeas--54

 

 

Dobronski LaForge

 

 

Nays--52

 

 

 

 

In The Chair: Hertel

 

 

The question being on the passage of the bill,

Rep. Dobb moved that the bill be referred to the Committee on Tax Policy.

The question being on the motion by Rep. Dobb,

Rep. Dobb demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Dobb,

The motion did not prevail, a majority of the members present and voting, not voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

Nays--54

 

 

Dobronski Kilpatrick

 

 

In The Chair: Hertel

 

 

Rep. Gagliardi moved that consideration of the bill be postponed temporarily.

The motion prevailed.

 

 

House Bill No. 4732, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 6c.

The bill was read a second time.

Rep. DeVuyst moved to amend the bill as follows:

1. Amend page 1, following line 7, by inserting:

"(C) NEAR EACH ELECTRONIC FUNDS TRANSFER TERMINAL.".

2. Amend page 1, following line 11, by inserting:

"(3) AS USED IN THIS SECTION, "ELECTRONIC FUNDS TRANSFER TERMINAL" MEANS AN INFORMATION PROCESSING DEVICE USED FOR THE PURPOSE OF EXECUTING DEPOSIT ACCOUNT TRANSACTIONS BETWEEN FINANCIAL INSTITUTIONS AND THEIR CUSTOMERS BY EITHER THE DIRECT TRANSMISSION OF ELECTRONIC IMPULSES OR THE RECORDING OF ELECTRONIC IMPULSES FOR DELAYED PROCESSING. THE FACT THAT A DEVICE IS USED FOR OTHER PURPOSES DOES NOT PREVENT IT FROM BEING AN ELECTRONIC FUNDS TRANSFER TERMINAL.".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Galloway moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi 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

 

 

House Bill No. 4732, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 6c.

Was read a third time and passed, 3/4 of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 502 Yeas--102

 

 

Dobronski Jellema

 

 

Nye Walberg Whyman

 

 

In The Chair: Hertel

 

 

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

House Bill No. 4865, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 6 (MCL 432.206).

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on House Oversight and Ethics,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Jaye moved to amend the bill as follows:

1. Amend page 4, following line 6, by inserting:

"(E) THE APPLICANT IS A FEDERALLY RECOGNIZED INDIAN TRIBE THAT DOES OR ALLOWS ANY OF ITS MEMBERS TO DO ANY OF THE FOLLOWING WHILE ENGAGING IN RECREATIONAL OR COMMERCIAL FISHING ON THE WATERS OF THIS STATE:

(i) SNAGGING OR ENGAGE IN ANY OTHER FISHING METHOD THAT IS PROHIBITED IN THIS STATE BY STATUTE OR RULE OF THE DEPARTMENT OF NATURAL RESOURCES.

(ii) EMPLOY ANY FISHING METHOD OTHER THAN A METHOD THAT ANY OTHER MICHIGAN RESIDENT IS ALLOWED TO USE.

(iii) EXCEED THE CATCH LIMITS THAT ARE IMPOSED ON MICHIGAN RESIDENTS WHO ARE NOT MEMBERS OF AN INDIAN TRIBE.

(iv) FAIL TO PAY FISHING RELATED FEES THAT ARE IMPOSED ON MICHIGAN RESIDENTS WHO ARE NOT MEMBERS OF AN INDIAN TRIBE.

(v) ENGAGE IN FISHING DURING A PERIOD OF TIME OR A SEASON DURING WHICH A MICHIGAN RESIDENT WHO IS NOT A MEMBER OF AN INDIAN TRIBE IS PROHIBITED FROM FISHING.".

The question being on the adoption of the amendment offered by Rep. Jaye,

Rep. Jaye demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Jaye,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 503 Yeas--51

 

 

 

 

 

 

In The Chair: Hertel

 

 

Rep. Fitzgerald moved to substitute (H-2) the bill.

The question being on the adoption of the substitute (H-2) offered by Rep. Fitzgerald,

Rep. Fitzgerald demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-2) offered by Rep. Fitzgerald,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 504 Yeas--47

 

 

 

 

Nays--57

 

 

Frank

 

 

In The Chair: Hertel

 

 

 

 

 

 

 

 

 

 

 

 

 

Galloway

 

 

Nays--60

 

 

 

 

In The Chair: Hertel

 

 

 

 

Rep. Goschka, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'No' on the floor substitute to House Bill 4863, just as I did on the floor substitute to House Bill 4865, because it is not at all fair to labor unions.

These substitute bills sanction the concept of 'guilt by association'. They assume that unions are inherently corrupt. As a proud member of the United Steelworkers, I can say with knowledge and authority that such assumptions are wrong to make.

These substitute bills also have a heavy hand in dictating the make-up of union leadership. That is also wrong. All union members should be able to choose the leaders of their choice. That is the democratic process!

Mr. Speaker and members, for every union member in Michigan, I voted 'No' on floor substitutes on HB 4863 and 4365."

 

Rep. Kaza, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

This substitute equates labor unions and their rank-and-file members with organized crime.

Americans are fair and open-minded people; they reject the notion of guilt by association.

It would be unfair and guilt by association to equate corporations with organized crime.

Likewise, it is unfair and guilt by association to equate unions and their rank-and-file members with organized crime.

Labor unions and their rank-and-file members are legal, law-abiding Americans who have proven their patriotism for America on many occasions in our nation's history.

The essence of America is its greatness.

This substitute cheapens America's greatness."

 

Rep. Frank moved to amend the bill as follows:

1. Amend page 2, line 24, after "RECEIVE" by striking out "A CASINO" and inserting "AN OCCUPATIONAL".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Frank moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi 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

 

 

House Bill No. 4863, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 8 (MCL 432.208).

Was read a third time and not passed, 3/4 of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 506 Yeas--60

 

 

 

 

Nays--46

 

 

Dobb Jansen

 

 

In The Chair: Hertel

 

 

The House returned to the consideration of

House Bill No. 4716, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 9a.

(The bill was considered earlier today, see today's Journal, p. 1246.)

The question being on the passage of the bill,

The bill was then not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 507 Yeas--62

 

 

Frank Law

 

 

Nays--43