No. 75
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2006
House Chamber, Lansing, Wednesday, August 30, 2006.
10:00 a.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Elsenheimer--present Law, Kathleen--present Robertson--present
Acciavatti--present Emmons--present Leland--present Rocca--present
Adamini--present Espinoza--present Lemmons, III--present Sak--present
Amos--present Farhat--present Lemmons, Jr.--present Schuitmaker--present
Anderson--present Farrah--present Lipsey--present Shaffer--present
Angerer--present Gaffney--present Marleau--present Sheen--excused
Ball--present Garfield--present Mayes--present Sheltrown--present
Baxter--present Gillard--present McConico--excused Smith, Alma--present
Bennett--present Gleason--present McDowell--present Smith, Virgil--present
Bieda--present Gonzales--present Meisner--present Spade--present
Booher--present Gosselin--present Meyer--present Stahl--present
Brandenburg--present Green--present Miller--present Stakoe--present
Brown--present Hansen--present Moolenaar--present Steil--present
Byrnes--present Hildenbrand--present Moore--present Stewart--present
Byrum--present Hood--present Mortimer--present Taub--present
Casperson--present Hoogendyk--present Murphy--present Tobocman--present
Caswell--present Hopgood--present Newell--present Vagnozzi--present
Caul--present Huizenga--present Nitz--present Van Regenmorter--present
Cheeks--present Hummel--present Nofs--present Vander Veen--present
Clack--present Hune--present Palmer--present Walker--present
Clemente--present Hunter--present Palsrok--present Ward--present
Condino--present Jones--present Pastor--present Waters--present
Cushingberry--present Kahn--present Pavlov--present Wenke--excused
DeRoche--present Kolb--present Pearce--present Williams--present
Dillon--present Kooiman--present Plakas--excused Wojno--present
Donigan--present LaJoy--present Polidori--present Zelenko--present
Drolet--present Law, David--present Proos--present
e/d/s = entered during session
Rep. Virgil Smith, from the 7th District, offered the following invocation:
"Lord, in the name of Jesus, we ask that You bless this House session today. Bless the decisions that we make on this floor today and in Jesus name we pray. We pray for the soldiers who are overseas and we pray that they have a safe and responsible trip back. Thank You, Jesus. Amen."
______
Rep. Sak moved that Reps. McConico and Plakas be excused from today's session.
The motion prevailed.
Rep. Palmer moved that Reps. Sheen and Wenke be excused from today's session.
The motion prevailed.
Motions and Resolutions
Rep. Ward moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4072, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 2002 PA 620.
(The bill was received from the Senate on June 6, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 7, see House Journal No. 56, p. 1458.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
Rep. Hildenbrand moved to substitute (H-2) the Senate substitute (S-2).
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2), as substituted (H-2), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 898 Yeas--80
Acciavatti Espinoza Law, David Proos
Adamini Farhat Law, Kathleen Robertson
Amos Farrah Lipsey Rocca
Angerer Gaffney Marleau Sak
Ball Garfield Mayes Schuitmaker
Baxter Gillard McDowell Shaffer
Booher Gleason Meisner Sheltrown
Brandenburg Gosselin Meyer Spade
Brown Green Moolenaar Stahl
Byrnes Hansen Moore Stakoe
Byrum Hildenbrand Mortimer Steil
Casperson Hoogendyk Murphy Stewart
Caswell Huizenga Newell Taub
Caul Hummel Nitz Van Regenmorter
Cushingberry Hune Nofs Vander Veen
DeRoche Jones Palmer Walker
Dillon Kahn Palsrok Ward
Drolet Kolb Pastor Waters
Elsenheimer Kooiman Pavlov Williams
Emmons LaJoy Pearce Zelenko
Nays--23
Accavitti Clemente Hunter Smith, Alma
Anderson Condino Leland Smith, Virgil
Bennett Donigan Lemmons, III Tobocman
Bieda Gonzales Lemmons, Jr. Vagnozzi
Cheeks Hood Miller Wojno
Clack Hopgood Polidori
In The Chair: Kooiman
The question being on agreeing to the title of the bill,
Rep. Ward moved to amend the title to read as follows:
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 2006 PA 278.
The motion prevailed.
The House agreed to the title as amended.
The Speaker laid before the House
House Bill No. 5217, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5b (MCL 28.425b), as amended by 2003 PA 31.
(The bill was received from the Senate on June 13, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 14, see House Journal No. 59, p. 1545.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 899 Yeas--103
Accavitti Drolet LaJoy Proos
Acciavatti Elsenheimer Law, David Robertson
Adamini Emmons Law, Kathleen Rocca
Amos Espinoza Leland Sak
Anderson Farhat Lemmons, III Schuitmaker
Angerer Farrah Lemmons, Jr. Shaffer
Ball Gaffney Lipsey Sheltrown
Baxter Garfield Marleau Smith, Alma
Bennett Gillard Mayes Smith, Virgil
Bieda Gleason McDowell Spade
Booher Gonzales Meisner Stahl
Brandenburg Gosselin Meyer Stakoe
Brown Green Miller Steil
Byrnes Hansen Moolenaar Stewart
Byrum Hildenbrand Moore Taub
Casperson Hood Mortimer Tobocman
Caswell Hoogendyk Murphy Vagnozzi
Caul Hopgood Newell Van Regenmorter
Cheeks Huizenga Nitz Vander Veen
Clack Hummel Nofs Walker
Clemente Hune Palmer Ward
Condino Hunter Palsrok Waters
Cushingberry Jones Pastor Williams
DeRoche Kahn Pavlov Wojno
Dillon Kolb Pearce Zelenko
Donigan Kooiman Polidori
Nays--0
In The Chair: Kooiman
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5800, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," (MCL 791.201 to 791.283) by adding section 20i.
(The bill was received from the Senate on July 26, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until August 2, see House Journal No. 69, p. 2287.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Reps. Angerer and McDowell moved to amend the Senate substitute (S-1) as follows:
1. Amend page 4, line 18, after "IV." by inserting:
"AN INMATE OR DETAINEE SHALL NOT BE HOUSED AT THE FACILITY IF THE INMATE OR DETAINEE IS CHARGED WITH OR CONVICTED OF A CRIME UNDER THE LAWS OF ANOTHER STATE OR OF THE UNITED STATES THAT SUBSTANTIALLY CORRESPONDS TO A 'SERIOUS CRIME' AS DEFINED IN SECTION 34 OF THE CORRECTIONS CODE OF 1953, 1953 PA 232, MCL 791.234.".
The question being on the adoption of the amendment offered by Reps. Angerer and McDowell,
Rep. Angerer demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Angerer and McDowell,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 900 Yeas--52
Accavitti Condino Kolb Rocca
Anderson Cushingberry Law, David Sak
Angerer Dillon Law, Kathleen Sheltrown
Baxter Donigan Leland Smith, Alma
Bennett Espinoza Lemmons, III Smith, Virgil
Bieda Farhat Lemmons, Jr. Spade
Brown Farrah McDowell Stewart
Byrnes Gillard Meisner Tobocman
Byrum Gleason Miller Vagnozzi
Casperson Gonzales Moore Waters
Cheeks Hood Mortimer Williams
Clack Hopgood Murphy Wojno
Clemente Hunter Polidori Zelenko
Nays--50
Acciavatti Gosselin Marleau Proos
Adamini Green Mayes Robertson
Amos Hansen Meyer Schuitmaker
Ball Hildenbrand Moolenaar Shaffer
Booher Hoogendyk Newell Stahl
Brandenburg Huizenga Nitz Stakoe
Caswell Hummel Nofs Steil
Caul Hune Palmer Taub
DeRoche Jones Palsrok Van Regenmorter
Drolet Kahn Pastor Vander Veen
Elsenheimer Kooiman Pavlov Walker
Emmons LaJoy Pearce Ward
Garfield Lipsey
In The Chair: Kooiman
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 901 Yeas--72
Acciavatti Elsenheimer LaJoy Pearce
Adamini Emmons Law, David Polidori
Amos Farrah Leland Proos
Ball Garfield Lemmons, III Robertson
Bieda Gleason Lemmons, Jr. Sak
Booher Gosselin Lipsey Schuitmaker
Brandenburg Green Marleau Shaffer
Brown Hansen Mayes Smith, Virgil
Casperson Hildenbrand Meisner Steil
Caul Hood Meyer Stewart
Cheeks Hoogendyk Moolenaar Taub
Clack Hopgood Murphy Tobocman
Clemente Huizenga Newell Vagnozzi
Condino Hummel Nitz Van Regenmorter
Cushingberry Hunter Palmer Vander Veen
DeRoche Jones Palsrok Walker
Dillon Kahn Pastor Waters
Drolet Kooiman Pavlov Williams
Nays--31
Accavitti Donigan Law, Kathleen Smith, Alma
Anderson Espinoza McDowell Spade
Angerer Farhat Miller Stahl
Baxter Gaffney Moore Stakoe
Bennett Gillard Mortimer Ward
Byrnes Gonzales Nofs Wojno
Byrum Hune Rocca Zelenko
Caswell Kolb Sheltrown
In The Chair: Kooiman
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6213, entitled
A bill to amend 1964 PA 154, entitled "An act to fix minimum wages for employees within this state; to prohibit wage discrimination; to provide for the administration and enforcement of this act; and to prescribe penalties for the violation of this act," by amending section 14 (MCL 408.394), as amended by 1998 PA 37.
(The bill was received from the Senate on June 27, with amendment and full title inserted by the Senate, rule suspended, amendment concurred in and bill was enrolled on June 27, see House Journal No. 65, p. 1767; enrollment vacated and Senate request to return the bill granted on June 29, see House Journal No. 67, p. 1825.)
Rep. Ward moved that Rule 67 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Ward moved to reconsider the vote by which the House concurred in the Senate amendment.
The motion prevailed, a majority of the members present voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
The Senate requested the return of
House Bill No. 6213, entitled
A bill to amend 1964 PA 154, entitled "An act to fix minimum wages for employees within this state; to prohibit wage discrimination; to provide for the administration and enforcement of this act; and to prescribe penalties for the violation of this act," by amending section 14 (MCL 408.394), as amended by 1998 PA 37.
Rep. Ward moved that the request of the Senate be granted.
The motion prevailed.
Rep. Ward moved to reconsider the vote by which the House granted the Senate request to return the bill.
The motion prevailed, a majority of the members present voting therefor.
The question being on granting the request of the Senate to return the bill,
The motion prevailed.
Second Reading of Bills
Senate Bill No. 1047, entitled
A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 2005 PA 339.
The bill was read a second time.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward 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. 1047, entitled
A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 2005 PA 339.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 902 Yeas--103
Accavitti Drolet LaJoy Proos
Acciavatti Elsenheimer Law, David Robertson
Adamini Emmons Law, Kathleen Rocca
Amos Espinoza Leland Sak
Anderson Farhat Lemmons, III Schuitmaker
Angerer Farrah Lemmons, Jr. Shaffer
Ball Gaffney Lipsey Sheltrown
Baxter Garfield Marleau Smith, Alma
Bennett Gillard Mayes Smith, Virgil
Bieda Gleason McDowell Spade
Booher Gonzales Meisner Stahl
Brandenburg Gosselin Meyer Stakoe
Brown Green Miller Steil
Byrnes Hansen Moolenaar Stewart
Byrum Hildenbrand Moore Taub
Casperson Hood Mortimer Tobocman
Caswell Hoogendyk Murphy Vagnozzi
Caul Hopgood Newell Van Regenmorter
Cheeks Huizenga Nitz Vander Veen
Clack Hummel Nofs Walker
Clemente Hune Palmer Ward
Condino Hunter Palsrok Waters
Cushingberry Jones Pastor Williams
DeRoche Kahn Pavlov Wojno
Dillon Kolb Pearce Zelenko
Donigan Kooiman Polidori
Nays--0
In The Chair: Kooiman
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the development and rehabilitation of residential housing; to provide for the creation of neighborhood enterprise zones; to provide for obtaining neighborhood enterprise zone certificates for a period of time and to prescribe the contents of the certificates; to provide for the exemption of certain taxes; to provide for the levy and collection of a specific tax on the owner of certain facilities; and to prescribe the powers and duties of certain officers of the state and local governmental units,"
The House agreed to the full title.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6186, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 1074.
The bill was read a second time.
Rep. Palsrok moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Sak moved that Rep. Lemmons, III 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. 6186, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 1074.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 903 Yeas--102
Accavitti Drolet LaJoy Proos
Acciavatti Elsenheimer Law, David Robertson
Adamini Emmons Law, Kathleen Rocca
Amos Espinoza Leland Sak
Anderson Farhat Lemmons, Jr. Schuitmaker
Angerer Farrah Lipsey Shaffer
Ball Gaffney Marleau Sheltrown
Baxter Garfield Mayes Smith, Alma
Bennett Gillard McDowell Smith, Virgil
Bieda Gleason Meisner Spade
Booher Gonzales Meyer Stahl
Brandenburg Gosselin Miller Stakoe
Brown Green Moolenaar Steil
Byrnes Hansen Moore Stewart
Byrum Hildenbrand Mortimer Taub
Casperson Hood Murphy Tobocman
Caswell Hoogendyk Newell Vagnozzi
Caul Hopgood Nitz Van Regenmorter
Cheeks Huizenga Nofs Vander Veen
Clack Hummel Palmer Walker
Clemente Hune Palsrok Ward
Condino Hunter Pastor Waters
Cushingberry Jones Pavlov Williams
DeRoche Kahn Pearce Wojno
Dillon Kolb Polidori Zelenko
Donigan Kooiman
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6098, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 1241.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hune moved to amend the bill as follows:
1. Amend page 1, line 3, by striking out "RENDERING SERVICES" and inserting "PROVIDING MULTIPLE COPIES OF THE SAME DOCUMENT".
2. Amend page 2, line 1, after "FEE" by striking out the balance of the subsection and inserting "FOR SERVICES PERFORMED WITH THE INITIAL ISSUANCE OF A POLICY OF INSURANCE.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Hune moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward 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. 6098, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 1241.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 904 Yeas--66
Acciavatti Farrah LaJoy Proos
Adamini Gaffney Leland Robertson
Anderson Garfield Lemmons, III Schuitmaker
Ball Gleason Lemmons, Jr. Shaffer
Bieda Gonzales Lipsey Stakoe
Booher Gosselin Marleau Steil
Brandenburg Hansen Meyer Stewart
Brown Hildenbrand Murphy Taub
Caul Hoogendyk Newell Tobocman
Cheeks Hopgood Nitz Van Regenmorter
Clack Huizenga Nofs Vander Veen
Condino Hummel Palmer Walker
Cushingberry Hune Pastor Ward
DeRoche Hunter Pavlov Waters
Drolet Jones Pearce Williams
Elsenheimer Kolb Polidori Wojno
Emmons Kooiman
Nays--37
Accavitti Dillon Law, Kathleen Rocca
Amos Donigan Mayes Sak
Angerer Espinoza McDowell Sheltrown
Baxter Farhat Meisner Smith, Alma
Bennett Gillard Miller Smith, Virgil
Byrnes Green Moolenaar Spade
Byrum Hood Moore Stahl
Casperson Kahn Mortimer Vagnozzi
Caswell Law, David Palsrok Zelenko
Clemente
In The Chair: Kooiman
The question being on agreeing to the title of the bill,
Rep. Ward moved to amend the title to read as follows:
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 1241; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward 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
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 55.
A resolution to memorialize the Congress of the United States to enact legislation to extend the production tax credit for wind power energy development.
(For text of resolution, see House Journal No. 32 of 2005, p. 482.)
(The resolution was reported by the Committee on Government Operations on October 25, consideration of which, under the rules, was postponed until October 26.)
The question being on the adoption of the resolution,
Rep. Elsenheimer moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution No. 55.
A resolution to clarify the interests of the House of Representatives in the matter before the Michigan Supreme Court concerning the constitutionality of Section 523 of Public Act 71 of 2005.
Whereas, To safeguard the integrity of the elections process, the Michigan Legislature passed and the Governor signed 2005 PA 71. Section 523, among other things, required voters to produce picture identification or sign an affidavit attesting to their identity before voting; and
Whereas, The Michigan House of Representatives adopted House Resolution 199 on February 22, 2006, requesting the Michigan Supreme Court to issue an opinion pursuant to Article III, Section 8 of the Michigan Constitution regarding the constitutionality of Section 523 of 2005 PA 71 under Michigan and federal law. On April 26, 2006, the Michigan Supreme Court issued an order granting the House's request for an opinion pursuant to Article III, Section 8 of the Michigan Constitution concerning the photo identification requirements of 2005 PA 71; and
Whereas, On July 19, 2006, the Speaker of the House of Representatives caused a brief to be filed on behalf of the House of Representatives defending the constitutionality of 2005 PA 71, and requesting oral argument before the Court; and
Whereas, Issues have now been raised in other filings before the Michigan Supreme Court concerning the authority of the Speaker to act on behalf of the House of Representatives; now, therefore, be it
Resolved by the House of Representatives, That the actions of the Speaker before the Michigan Supreme Court in connection with 2005 PA 71 are hereby affirmed by the House of Representatives; and be it further
Resolved, That the Speaker is authorized to continue to represent the position and interests of the House of Representatives before the Michigan Supreme Court in connection with 2005 PA 71.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the resolution,
After debate,
Rep. Ward demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 905 Yeas--56
Acciavatti Farhat Law, David Proos
Amos Gaffney Marleau Robertson
Ball Garfield Meyer Rocca
Baxter Gosselin Moolenaar Schuitmaker
Booher Hansen Moore Shaffer
Brandenburg Hildenbrand Mortimer Stahl
Casperson Hoogendyk Newell Stakoe
Caswell Huizenga Nitz Steil
Caul Hummel Nofs Stewart
DeRoche Hune Palmer Taub
Drolet Jones Palsrok Van Regenmorter
Elsenheimer Kahn Pastor Vander Veen
Emmons Kooiman Pavlov Walker
Espinoza LaJoy Pearce Ward
Nays--46
Accavitti Condino Law, Kathleen Sak
Adamini Cushingberry Leland Sheltrown
Anderson Dillon Lemmons, III Smith, Alma
Angerer Donigan Lemmons, Jr. Smith, Virgil
Bennett Farrah Lipsey Spade
Bieda Gillard Mayes Tobocman
Brown Gleason McDowell Vagnozzi
Byrnes Gonzales Meisner Waters
Byrum Hood Miller Williams
Cheeks Hopgood Murphy Wojno
Clack Hunter Polidori Zelenko
Clemente Kolb
In The Chair: Kooiman
______
Rep. Bieda, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
House Resolution was originally intended to memorialize the United States Congress to enact legislation to extend the production tax credit for wind power energy development.
Unfortunately, and without much notice, the Resolution was amended on the House floor to 'clarify the interests of the House of Representatives in the matter before the Supreme Court concerning the constitutionality of Section 523 of Public Act 71 of 2005.' The substituted language and intent differs substantially from the Resolution that many agreed to co-sponsor when Resolution 55 was originally introduced.
I do not agree with the House substitute offered today by Rep. Elsenheimer. I do not believe that the Speaker of the House has the authority to file a brief on behalf of the entire House of Representatives. I was not consulted prior to the filing of the brief, and, as the brief purports to represent my position, I must say that I object to someone acting in my name on something that I was never consulted on. I was not alone -- not one member of the Democratic caucus reports that he or she was ever consulted on this matter.
Thus, because of these reasons, I voted 'no' on the Elsenheimer substitute to Resolution 55."
Notices
I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House adopted House Resolution No. 55.
Rep. Hildenbrand
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 5221, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8407 (MCL 600.8407), as amended by 1991 PA 192.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hildenbrand moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward 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. 5221, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8407 (MCL 600.8407), as amended by 1991 PA 192.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 906 Yeas--103
Accavitti Drolet LaJoy Proos
Acciavatti Elsenheimer Law, David Robertson
Adamini Emmons Law, Kathleen Rocca
Amos Espinoza Leland Sak
Anderson Farhat Lemmons, III Schuitmaker
Angerer Farrah Lemmons, Jr. Shaffer
Ball Gaffney Lipsey Sheltrown
Baxter Garfield Marleau Smith, Alma
Bennett Gillard Mayes Smith, Virgil
Bieda Gleason McDowell Spade
Booher Gonzales Meisner Stahl
Brandenburg Gosselin Meyer Stakoe
Brown Green Miller Steil
Byrnes Hansen Moolenaar Stewart
Byrum Hildenbrand Moore Taub
Casperson Hood Mortimer Tobocman
Caswell Hoogendyk Murphy Vagnozzi
Caul Hopgood Newell Van Regenmorter
Cheeks Huizenga Nitz Vander Veen
Clack Hummel Nofs Walker
Clemente Hune Palmer Ward
Condino Hunter Palsrok Waters
Cushingberry Jones Pastor Williams
DeRoche Kahn Pavlov Wojno
Dillon Kolb Pearce Zelenko
Donigan Kooiman Polidori
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6248, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 126.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hune moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward 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. 6248, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 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. 907 Yeas--102
Accavitti Elsenheimer Law, David Proos
Acciavatti Emmons Law, Kathleen Robertson
Adamini Espinoza Leland Rocca
Amos Farhat Lemmons, III Sak
Anderson Farrah Lemmons, Jr. Schuitmaker
Angerer Gaffney Lipsey Shaffer
Ball Garfield Marleau Sheltrown
Baxter Gillard Mayes Smith, Alma
Bennett Gleason McDowell Smith, Virgil
Booher Gonzales Meisner Spade
Brandenburg Gosselin Meyer Stahl
Brown Green Miller Stakoe
Byrnes Hansen Moolenaar Steil
Byrum Hildenbrand Moore Stewart
Casperson Hood Mortimer Taub
Caswell Hoogendyk Murphy Tobocman
Caul Hopgood Newell Vagnozzi
Cheeks Huizenga Nitz Van Regenmorter
Clack Hummel Nofs Vander Veen
Clemente Hune Palmer Walker
Condino Hunter Palsrok Ward
Cushingberry Jones Pastor Waters
DeRoche Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Polidori Zelenko
Drolet LaJoy
Nays--1
Bieda
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5033, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9 (MCL 211.9), as amended by 2003 PA 140.
Was read a second time, and the question being on the adoption of the proposed substitute (H-8) previously recommended by the Committee on Agriculture,
The substitute (H-8) was adopted, a majority of the members serving voting therefor.
Rep. Ball moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward 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. 5033, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9 (MCL 211.9), as amended by 2003 PA 140.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 908 Yeas--83
Accavitti Elsenheimer Kooiman Proos
Acciavatti Emmons LaJoy Robertson
Adamini Espinoza Lemmons, III Rocca
Amos Farhat Lemmons, Jr. Sak
Angerer Gaffney Marleau Schuitmaker
Ball Garfield Mayes Shaffer
Baxter Gillard McDowell Sheltrown
Booher Gleason Meyer Spade
Brandenburg Gonzales Moolenaar Stahl
Brown Gosselin Moore Stakoe
Byrnes Green Mortimer Steil
Byrum Hansen Murphy Stewart
Casperson Hildenbrand Newell Taub
Caswell Hoogendyk Nitz Van Regenmorter
Caul Hopgood Nofs Vander Veen
Clack Huizenga Palmer Walker
Clemente Hummel Palsrok Ward
Cushingberry Hune Pastor Waters
DeRoche Hunter Pavlov Williams
Dillon Jones Pearce Wojno
Drolet Kahn Polidori
Nays--20
Anderson Donigan Law, Kathleen Smith, Alma
Bennett Farrah Leland Smith, Virgil
Bieda Hood Lipsey Tobocman
Cheeks Kolb Meisner Vagnozzi
Condino Law, David Miller Zelenko
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Hildenbrand 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. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Ward moved that the Committee on Agriculture be discharged from further consideration of Senate Bill No. 1362.
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. 1362, entitled
A bill to amend 1980 PA 119, entitled "Motor carrier fuel tax act," by amending sections 2 and 4 (MCL 207.212 and 207.214), as amended by 2002 PA 667.
The bill was read a second time.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward 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. 1362, entitled
A bill to amend 1980 PA 119, entitled "Motor carrier fuel tax act," by amending sections 2 and 4 (MCL 207.212 and 207.214), as amended by 2002 PA 667.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 909 Yeas--103
Accavitti Drolet LaJoy Proos
Acciavatti Elsenheimer Law, David Robertson
Adamini Emmons Law, Kathleen Rocca
Amos Espinoza Leland Sak
Anderson Farhat Lemmons, III Schuitmaker
Angerer Farrah Lemmons, Jr. Shaffer
Ball Gaffney Lipsey Sheltrown
Baxter Garfield Marleau Smith, Alma
Bennett Gillard Mayes Smith, Virgil
Bieda Gleason McDowell Spade
Booher Gonzales Meisner Stahl
Brandenburg Gosselin Meyer Stakoe
Brown Green Miller Steil
Byrnes Hansen Moolenaar Stewart
Byrum Hildenbrand Moore Taub
Casperson Hood Mortimer Tobocman
Caswell Hoogendyk Murphy Vagnozzi
Caul Hopgood Newell Van Regenmorter
Cheeks Huizenga Nitz Vander Veen
Clack Hummel Nofs Walker
Clemente Hune Palmer Ward
Condino Hunter Palsrok Waters
Cushingberry Jones Pastor Williams
DeRoche Kahn Pavlov Wojno
Dillon Kolb Pearce Zelenko
Donigan Kooiman Polidori
Nays--0
In The Chair: Kooiman
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to prescribe a privilege tax for the use of public roads and highways of this state by motor carriers by imposing a specific tax upon the use of motor fuel within this state; to provide for certain credits against this tax and certain mechanisms for paying, collecting, and enforcing this tax; to provide for the licensing of motor carriers and for exemptions from licensure; to require the keeping and providing for the examination of certain reports; to provide review procedures for the assessment of the tax and revocation of a license; to impose certain duties upon and confer certain powers to certain state departments and agencies; to prescribe certain penalties for the violation of this act; and to make appropriations,"
The House agreed to the full title.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Messages from the Governor
The following line items veto message from the Governor was received and read:
Executive Office, Lansing, August 15, 2006
Michigan House of Representatives
State Capitol Building
Lansing, Michigan, 48909
Ladies and Gentlemen:
Today I have signed Enrolled House Bill 5796, which contains fiscal year 2007 appropriations for 19 agencies, plus supplemental appropriations for fiscal year 2006. I am, however, returning it to you because of several items of which I disapprove, pursuant to Article V, Section 19 of the Michigan Constitution of 1963. The specific vetoes are contained in the attached copy of the bill, which has been filed with the Secretary of State.
The bill contains 2007 appropriations for Agriculture; History, Arts and Libraries; Human Services; Judiciary; Labor and Economic Growth; Michigan Strategic Fund; Military and Veterans Affairs; State Police; Transportation; and General Government.
Highlights of the bill include:
* $113.6 million to support the operations of the Department of Agriculture, including an additional $775,000 in general fund dollars for food safety and fruit and vegetable inspections programs.
* $2.9 billion for General Government agencies including the departments of Attorney General, Civil Rights, Civil Service, Information Technology, Management and Budget, State, Treasury, the Executive Office, and the Legislature. Also included is $1.1 billion in continuation level funding for local revenue sharing grants.
* $4.5 billion, including $1.2 billion general fund, for the Department of Human Services. The bill supports the new Jobs, Education and Training (JET) pilot. JET is designed to meet the new federal work requirements and reduce long term welfare dependence through enhanced and integrated service delivery to Family Independence Program recipients.
* $569 million, including $249 million general fund to support the Michigan State Police. The bill includes an additional $2.5 million for a new 50-member trooper recruit school.
* The bill also includes funding for the following state agencies: History, Arts and Libraries ($54.9 million gross, $43.2 million general fund); Judiciary ($259.4 million gross, $160.6 million general fund); Labor and Economic Growth($1.2 billion gross, $47.4 million general fund); Michigan Strategic Fund ($80.5 million gross, $32 million general fund); Military and Veterans Affairs ($123 million gross, $40.6 million general fund); and Transportation ($3.4 billion).
In Article 7 of the bill, I have vetoed Section 307 as well as the carry forward provision in section 309. Both of these provisions would have effectively authorized general fund spending in excess of the funding target for the Department of the Attorney General.
In Article 7, I have also vetoed Section 949(b). This subsection requires the development of a cost allocation plan identifying the actual costs of work on a time and effort basis associated with collecting state restricted transportation funds. This new study would be redundant since the Department of Treasury's current cost allocation methodology has been reviewed and upheld as reasonable by the Auditor General.
In Article 10, I have vetoed Section 550(1) which would provide $20,000 to develop materials to offer foster parents about the risks of smoking. These materials were developed in the current fiscal year so additional development funds are not necessary.
In Article 18, I have vetoed sections 504(4), 613, 615, and 616. Section 504(4) is similar to the language I vetoed in the Treasury budget regarding a requirement to develop a new cost allocation methodology. Sections 613, 615 and 616 represent parochial earmarking that, if left intact, could undermine the Constitutional and statutory responsibilities of the State Transportation Commission. In addition, Section 613 earmarks $50,000 for a comprehensive signage program to direct motorists to the Michigan International Speedway; the department is already proceeding with this signage program utilizing fiscal year 2006 appropriations.
In addition, the following boilerplate sections are unenforceable because they attempt to amend standing statutes and/or violate the Constitutional separation of powers: Section 273(6) of Article 10; Sections 319, 337, and 355 of Article 12; and Sections 401, 707(2), and 732(5) and (6) of Article 18.
And finally, I have instructed the Department of Human Services to not spend the allocations authorized in Sections303(3) and 424 of Article 10 unless authorized to do so by the State Budget Office. Both of these sections included permissive earmarks of federal Temporary Assistance to Needy Families (TANF) dollars. Since these funds have been over-allocated in the 2007 budget bill, they should not be spent unless the Budget Office determines that there are sufficient revenues to support the programs.
I thank the Legislature for its work on this important multi-agency budget bill.
Sincerely,
Jennifer M. Granholm
Governor
The bill was signed by the Governor August 15, 2006, at 8:05 a.m.
The bill was filed with the Secretary of State August 16, 2006 at 2:01 p.m. and assigned Public Act No. 345, I.E.
The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,
Rep. Ward moved that consideration of the bill be postponed for the day.
The motion prevailed.
______
Rep. Hildenbrand moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Introduction of Bills
Rep. Schuitmaker introduced
House Bill No. 6365, entitled
A bill to amend 1949 PA 38, entitled "An act concerning perpetuities and the suspension of the absolute power of alienation with respect to interests in real property, making uniform the law as to real and personal property; and repealing sections 14, 15, 16, 17, 18, 19, 20 and 23 of chapter 62 of the Revised Statutes of 1846, being sections 554.14, 554.15, 554.16, 554.17, 554.18, 554.19, 554.20 and 554.23, respectively, of the Compiled Laws of 1948," by amending the title and section 3 (MCL 554.53), section 3 as amended by 1988 PA 417; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Schuitmaker introduced
House Bill No. 6366, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 2702 and 2722 (MCL 700.2702 and 700.2722), section 2702 as amended by 2000 PA 54.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Huizenga introduced
House Bill No. 6367, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 4b (MCL 408.384b), as added by 1997 PA 1.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Angerer, Wojno, Clemente, Sak, Spade, Vagnozzi, Miller, Leland, Cushingberry, Bieda, Alma Smith, Lemmons, Jr., Bennett and Cheeks introduced
House Bill No. 6368, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 667a (MCL 257.667a), as amended by 2002 PA 534.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Angerer, Wojno, Clemente, Sak, Spade, Vagnozzi, Miller, Bennett, Leland, Kathleen Law, Cushingberry, Bieda, Alma Smith, Lemmons, Jr. and Cheeks introduced
House Bill No. 6369, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 59 (MCL 211.59), as amended by 2001 PA 97.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Emmons, Farhat, Nitz, Mortimer and Moore introduced
House Bill No. 6370, entitled
A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," (MCL 16.101 to 16.608) by adding section 311.
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Emmons, Farhat, Nitz, Mortimer and Moore introduced
House Bill No. 6371, entitled
A bill to amend 1964 PA 287, entitled "An act to provide for the organization and functions of the state boards of education under the constitutions of 1908 and 1963; to provide for the appointment and functions of the superintendent of public instruction under the constitution of 1963; and to repeal certain acts and parts of acts," by amending section 10 (MCL 388.1010).
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Emmons, Farhat, Nitz, Mortimer and Moore introduced
House Bill No. 6372, entitled
A bill to amend 1943 PA 148, entitled "An act to provide for the regulation and licensing of proprietary schools in the state; to require surety; to provide for collection and disposition of fees; and to prescribe penalties for the violation of this act," by amending sections 1, 1a, 2, 2a, and 2b (MCL 395.101, 395.101a, 395.102, 395.102a, and 395.102b), sections 1, 2, 2a, and 2b as amended and section 1a as added by 1983 PA 60.
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Emmons, Farhat, Nitz, Mortimer and Moore introduced
House Bill No. 6373, entitled
A bill to amend 1963 PA 40, entitled "An act to authorize private trade schools, business schools, correspondence schools and institutes to solicit students in this state; to provide for the issuance of permits to solicitors; to prescribe the powers and duties of the superintendent of public instruction; to provide penalties for violations of this act; and to repeal certain acts and parts of acts," by amending sections 1 and 3 (MCL 395.121 and 395.123), section 3 as amended by 1988 PA 244.
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Emmons, Farhat, Nitz, Mortimer and Moore introduced
House Bill No. 6374, entitled
A bill to amend 1972 PA 251, entitled "An act to provide for the reciprocal exchange of educational services between this state and other states; to provide for reduced or waived tuition, and to designate the state agency for negotiating agreements," by amending sections 2, 4, and 5 (MCL 390.502, 390.504, and 390.505), as amended by 2005 PA 34.
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Emmons, Farhat, Nitz, Mortimer and Moore introduced
House Bill No. 6375, entitled
A bill to amend 1931 PA 327, entitled "An act to provide for the organization, regulation and classification of corporations; to provide their rights, powers and immunities; to prescribe the conditions on which corporations may exercise their powers; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to do business within this state; to require certain annual reports to be filed by corporations; to prescribe penalties for the violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations," by amending sections 171, 172, 173, and 177 (MCL 450.171, 450.172, 450.173, and 450.177).
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Emmons, Farhat, Nitz, Mortimer and Moore introduced
House Bill No. 6376, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 105, 123, 124, and 143 (MCL 389.105, 389.123, 389.124, and 389.143), section 105 as amended by 2003 PA 306, section 123 as amended by 1980 PA 5, and section 124 as amended by 1997 PA 135.
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Mortimer, Emmons, Moore, Farhat and Nitz introduced
House Bill No. 6377, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 107 (MCL 388.1707), as amended by 2005 PA 155.
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Mortimer, Emmons, Moore, Farhat and Nitz introduced
House Bill No. 6378, entitled
A bill to amend 1946 (1st Ex Sess) PA 18, entitled "An act to authorize counties to provide a program of adult education; to provide personnel and equipment; to require approval of the superintendent of public instruction; and to authorize county appropriations therefor," by amending sections 1 and 2 (MCL 388.531 and 388.532).
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Moore, Emmons, Mortimer, Farhat and Nitz introduced
House Bill No. 6379, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 3 (MCL 380.3), as amended by 2004 PA 303.
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Moore, Emmons, Mortimer, Farhat and Nitz introduced
House Bill No. 6380, entitled
A bill to amend 1975 PA 222, entitled "Higher education loan authority act," by amending section 2 (MCL 390.1152), as amended by 1987 PA 206.
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Farhat, Emmons, Nitz, Mortimer and Moore introduced
House Bill No. 6381, entitled
A bill to amend 1986 PA 102, entitled "An act to establish a grant program for certain part-time, independent students in this state; and to prescribe the powers and duties of certain state agencies and institutions of higher education," by amending section 3 (MCL 390.1283), as amended by 2004 PA 180.
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Farhat, Emmons, Nitz, Mortimer and Moore introduced
House Bill No. 6382, entitled
A bill to amend 1986 PA 273, entitled "An act to establish a Michigan educational opportunity grant program for resident qualified students enrolled in eligible public postsecondary schools; and to prescribe the powers and duties of certain state agencies," by amending section 3 (MCL 390.1403), as amended by 2004 PA 183.
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Nitz, Emmons, Farhat, Mortimer and Moore introduced
House Bill No. 6383, entitled
A bill to amend 1986 PA 303, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible graduate and professional graduate schools and employed by qualified employers; to prescribe the powers and duties of certain state agencies; and to provide for an appropriation," by amending section 3 (MCL 390.1323).
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Nitz, Emmons, Farhat, Mortimer and Moore introduced
House Bill No. 6384, entitled
A bill to amend 1986 PA 288, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible postsecondary schools and employed by qualified employers; and to prescribe the powers and duties of certain state agencies," by amending section 3 (MCL 390.1373).
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Reps. Bennett, Miller, Gonzales, Mayes, Farrah, Byrum, Anderson and Sak introduced
House Bill No. 6385, entitled
A bill to amend 1915 PA 63, entitled "An act to provide for the furnishing of suitable flag holders and United States flags for the graves of veterans who served in the armed forces of the United States for the marking and designation of the graves for memorial purposes; and to provide a penalty for the removal or destruction of the flag holders and United States flags when placed," by amending section 2a (MCL 35.832a), as added by 1988 PA 263.
The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.
Reps. Taub, Elsenheimer, Vander Veen, Brandenburg and Amos introduced
House Bill No. 6386, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 6a (MCL 205.96a), as amended by 2004 PA 172.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Taub, Hildenbrand, Stakoe, Elsenheimer, Pastor, Garfield, Drolet, Gosselin, Hoogendyk, Huizenga, Newell, Meyer, Jones, Amos, Robertson, Emmons, Palmer, Brandenburg, Hune, Condino, Hummel and Vander Veen introduced
House Bill No. 6387, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 5b (MCL 205.55b), as amended by 2004 PA 173.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Byrnes, Accavitti, Polidori, Kathleen Law, Meisner, Spade, Clemente, Tobocman, Dillon, Sheltrown, Leland, Lemmons, Jr., Amos, Shaffer, Zelenko, Mayes, Angerer, Gillard and Cheeks introduced
House Bill No. 6388, entitled
A bill to amend 1990 PA 134, entitled "Motor fuel distribution act," by amending the title and section 2 (MCL 445.1802) and by adding section 5a.
The bill was read a first time by its title and referred to the Committee on Commerce.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Hummel, Ball, Baxter, Brandenburg, Drolet, Elsenheimer, Gosselin, Huizenga, LaJoy, Lemmons, III, Lemmons, Jr., Marleau, Meyer, Nitz, Nofs, Palmer, Pastor, Pearce, Proos, Shaffer, Stahl, Taub and Vander Veen offered the following resolution:
House Resolution No. 299.
A resolution to memorialize the Congress of the United States to permanently abolish the death tax.
Whereas, The inheritance, or "death tax" has long placed tremendous hardships on family farms and small businesses. Under federal tax relief legislation enacted in 2001, the death tax is being slowly phased-out, but not entirely eliminated. It reappears in 2011 with pre-2001 tax rates. This has implications far beyond the national scope, as Michigan and a host of other states have state death taxes that are predicated on this federal imposition; and
Whereas, Farmers and other small business owners will face losing their farms and businesses if the federal government resumes the heavy taxation of estates at death. Indeed, it is estimated that, because of the death tax, 70 percent of family businesses do not survive the second generation and 87 percent do not get passed on to a third generation; and
Whereas, The death tax is particularly damaging to families who are working their way up the economic ladder. Moreover, employees suffer layoffs when small and medium businesses are liquidated to pay death taxes; and
Whereas, If the death tax had been eliminated in 1996, the United States economy would have realized billions of dollars each year in extra output, and an average of 145,000 additional new jobs would have been created. Clearly, having previously passed, death tax repeal legislation has broad bipartisan support in Congress; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to permanently abolish the death tax; and be it further
Resolved, That copies of this resolution be transmitted to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Tax Policy.
Reps. Condino, Accavitti, Anderson, Ball, Bieda, Brandenburg, Brown, Byrum, Caswell, Cheeks, Cushingberry, Dillon, Donigan, Drolet, Elsenheimer, Farrah, Gillard, Gleason, Gonzales, Gosselin, Green, Hansen, Hopgood, Kolb, Kathleen Law, Leland, Lemmons, III, Lemmons, Jr., Lipsey, McConico, McDowell, Meisner, Miller, Nofs, Palmer, Pastor, Pearce, Polidori, Sak, Shaffer, Sheltrown, Alma Smith, Spade, Stahl, Taub, Tobocman, Vagnozzi, Waters, Wojno and Zelenko offered the following resolution:
House Resolution No. 300.
A resolution declaring August 27, 2006, as "A Day in Honor of Rescuers and Liberators during the Holocaust" in the state of Michigan.
Whereas, The Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators during the years 1933 through 1945. Six million Jews were murdered and millions more, including Gypsies, the handicapped, Poles, Jehovah's Witnesses, Soviet prisoners of war and political dissidents, suffered grievous oppression and death under Nazi tyranny; and
Whereas, The history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and serves as an important reminder of what can happen to civilized people when bigotry, hatred, and indifference reign; and
Whereas, When the goodness of mankind was in question, there were individuals who selflessly risked their lives in order to save others from the evils of Nazi Germany; and
Whereas, On August 27, 2006, The World Federation of Jewish Child Survivors of the Holocaust will honor those who rescued Jews, liberated concentration camps, or did other deeds of bravery during the Holocaust; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body proclaim August 27, 2006, as "A Day in Honor of Rescuers and Liberators during the Holocaust" in the state of Michigan; and be it further
Resolved, That in honor of the victims of the Holocaust, the survivors, and their liberators, the citizens of Michigan should reflect upon the terrible events of the Holocaust and strive to overcome intolerance and indifference through learning and remembrance.
Pending the reference of the resolution to a committee,
Rep. Ward moved that Rule 77 be suspended and the 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 resolution,
The resolution was adopted.
Reps. Miller, Accavitti, Anderson, Ball, Bieda, Brown, Byrum, Caswell, Cheeks, Condino, Cushingberry, Dillon, Donigan, Farrah, Gillard, Gleason, Gonzales, Green, Hansen, Hopgood, Kolb, Kathleen Law, Leland, Lemmons, III, Lemmons, Jr., Lipsey, McConico, McDowell, Meisner, Pearce, Polidori, Sak, Sheltrown, Alma Smith, Spade, Stahl, Taub, Tobocman, Vagnozzi, Waters, Wojno and Zelenko offered the following resolution:
House Resolution No. 301.
A resolution to recognize September 9, 2006, as Fetal Alcohol Spectrum Disorders Awareness Day in the state of Michigan.
Whereas, Healthy children are the most important resource in the great state of Michigan, and Fetal Alcohol Spectrum Disorders (FASD) pose a serious threat to the potential health of our future generations; and
Whereas, More than 30 years have passed since Fetal Alcohol Syndrome (FAS) was identified and named as a birth disorder by United States researchers; and
Whereas, Prenatal exposure to alcohol can cause birth defects, mental retardation, learning disabilities, and attention deficits; and
Whereas, The incidence rate of full FAS is estimated at 1 out of 1,000 live births and the incidence rate of FASD is estimated at 1 of every 100 live births; and
Whereas, Individuals with FASD often have secondary hardships, such as trouble with the law, substance abuse issues, disrupted school experiences, employment problems, and homelessness; and
Whereas, FASD is entirely preventable; and
Whereas, People around the world began observing International FAS Awareness Day on September 9th of each year beginning in 1999. In order that on the ninth day of the ninth month of the year the world will remember that a woman should abstain from alcohol during the nine months of pregnancy; and
Whereas, The U.S. Senate has passed a resolution designating September 9 as National Fetal Alcohol Spectrum Disorders Awareness Day, and has called upon all states to observe FASD Awareness Day; now therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize September 9, 2006, as Fetal Alcohol Spectrum Disorders Awareness Day in the state of Michigan. We strongly urge all citizens to increase their knowledge of the effects of prenatal exposure to alcohol, to increase their level of compassion for individuals affected by FASD, and to do all which may lie in their power to reduce the incidence of FASD in the state of Michigan in the future.
Pending the reference of the resolution to a committee,
Rep. Ward moved that Rule 77 be suspended and the 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 resolution,
The resolution was adopted.
Messages from the Senate
House Bill No. 6223, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 8134 (MCL 500.8134), as amended by 1998 PA 279.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6224, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section8133a.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6225, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section8124a.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6226, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 8124 (MCL 500.8124), as added by 1989 PA 302.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6227, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 8111 (MCL 500.8111), as amended by 1992 PA 182.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6228, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7945 (MCL 500.7945), as amended by 1980 PA 41.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6229, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7941 (MCL 500.7941), as amended by 1990 PA 137.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6230, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7931 (MCL 500.7931), as amended by 1980 PA 41.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6232, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7921 (MCL 500.7921), as amended by 1993 PA 200.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6233, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7918 (MCL 500.7918), as amended by 2001 PA 182.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6234, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7911 (MCL 500.7911), as amended by 1993 PA 200.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6235, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3503 (MCL 500.3503), as added by 2000 PA 252.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6247, entitled
A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," (MCL 37.2101 to 37.2804) by adding section 404a.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
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 Tuesday, August 29:
House Bill Nos. 6363 6364
The Clerk announced that the following Senate bills had been received on Wednesday, August 30:
Senate Bill Nos. 453 1335 1364
Communications from State Officers
The following communication from the Department of Human Services was received and read:
August 24, 2006
Pursuant to Section 1002 of P.A. 147 of 2005, we are enclosing a copy of the following reports:
Type of ReportFacilityReport #License #
Special Investigation Reports Arbor Heights Community 2006C0207019 CS810200952
Justice 2006C0207025
This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under "News, Publications & Information" at the following address: http://www.michigan.gov/dhs/.
If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.
Sincerely,
Marianne Udow
Director
The communication was referred to the Clerk.
Quorum Call
Rep. Caswell questioned the presence of a quorum and moved that the roll be called and printed in the Journal.
The motion prevailed.
The roll was called and the Clerk announced that a quorum was present.
The following is the roll call:
Roll Call No. 910 Yeas--103
Accavitti Drolet LaJoy Proos
Acciavatti Elsenheimer Law, David Robertson
Adamini Emmons Law, Kathleen Rocca
Amos Espinoza Leland Sak
Anderson Farhat Lemmons, III Schuitmaker
Angerer Farrah Lemmons, Jr. Shaffer
Ball Gaffney Lipsey Sheltrown
Baxter Garfield Marleau Smith, Alma
Bennett Gillard Mayes Smith, Virgil
Bieda Gleason McDowell Spade
Booher Gonzales Meisner Stahl
Brandenburg Gosselin Meyer Stakoe
Brown Green Miller Steil
Byrnes Hansen Moolenaar Stewart
Byrum Hildenbrand Moore Taub
Casperson Hood Mortimer Tobocman
Caswell Hoogendyk Murphy Vagnozzi
Caul Hopgood Newell Van Regenmorter
Cheeks Huizenga Nitz Vander Veen
Clack Hummel Nofs Walker
Clemente Hune Palmer Ward
Condino Hunter Palsrok Waters
Cushingberry Jones Pastor Williams
DeRoche Kahn Pavlov Wojno
Dillon Kolb Pearce Zelenko
Donigan Kooiman Polidori
Introduction of Bills
Reps. Kathleen Law, Hopgood, Condino, Sak, Anderson and Alma Smith introduced
House Bill No. 6389, entitled
A bill to amend 1911 PA 235, entitled "An act to provide for the payment and reimbursement by counties, in certain cases upon application therefor, of expenses incurred in the burial of the bodies of honorably discharged members of the armed forces of the United States, or their spouses, and to repeal certain acts or parts of acts," by amending section 1 (MCL 35.801), as amended by 2003 PA 290.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Waters and Ward introduced
House Bill No. 6390, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2891 (MCL 333.2891), as amended by 2004 PA 467.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Gaffney, Hune, Ward, Sak, Gleason, Vander Veen and Shaffer introduced
House Bill No. 6391, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 24f (MCL 211.24f), as amended by 2000 PA 244.
The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.
Announcements by the Clerk
August 30, 2006
Received from the Michigan Emergency Telephone Service Committee (ETSC) the Enhanced 9-1-1 Emergency Telephone Service Enabling Act report per the requirements of MCL 484.1101.
Gary L. Randall
Clerk of the House
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Ward moved that when the House adjourns today it stand adjourned until Tuesday, September 5, at 1:00 p.m.
The motion prevailed.
Messages from the Senate
House Bill No. 4264, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 475.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 911 Yeas--82
Accavitti Dillon Kahn Pearce
Acciavatti Elsenheimer Kooiman Proos
Adamini Emmons LaJoy Robertson
Amos Espinoza Law, David Rocca
Ball Farrah Leland Sak
Baxter Gaffney Lemmons, III Shaffer
Bennett Garfield Lemmons, Jr. Sheltrown
Bieda Gillard Marleau Smith, Virgil
Booher Gleason McDowell Stahl
Brandenburg Gonzales Meyer Stakoe
Brown Gosselin Moolenaar Steil
Byrnes Green Moore Stewart
Casperson Hansen Mortimer Taub
Caswell Hildenbrand Newell Tobocman
Caul Hood Nitz Van Regenmorter
Cheeks Hoogendyk Nofs Vander Veen
Clack Huizenga Palmer Walker
Clemente Hummel Palsrok Waters
Condino Hune Pastor Williams
Cushingberry Hunter Pavlov Wojno
DeRoche Jones
Nays--21
Anderson Hopgood Meisner Smith, Alma
Angerer Kolb Miller Spade
Byrum Law, Kathleen Murphy Vagnozzi
Donigan Lipsey Polidori Ward
Drolet Mayes Schuitmaker Zelenko
Farhat
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6213, entitled
An act to amend 1964 PA 154, entitled "An act to fix minimum wages for employees within this state; to prohibit wage discrimination; to provide for the administration and enforcement of this act; and to prescribe penalties for the violation of this act," by amending section 14 (MCL 408.394), as amended by 1998 PA 37.
The Senate has amended the bill as follows:
1. Amend page 2, following line 3, by inserting:
"(2) NOTWITHSTANDING SUBSECTION (1), AN EMPLOYEE SHALL BE PAID IN ACCORDANCE WITH THE MINIMUM WAGE AND OVERTIME COMPENSATION REQUIREMENTS OF SECTIONS 4 AND 4A IF THE EMPLOYEE MEETS EITHER OF THE FOLLOWING CONDITIONS:
(A) IS EMPLOYED IN DOMESTIC SERVICE EMPLOYMENT TO PROVIDE COMPANIONSHIP SERVICES AS DEFINED IN 29 CFR 552.6 FOR INDIVIDUALS WHO, BECAUSE OF AGE OR INFIRMITY, ARE UNABLE TO CARE FOR THEMSELVES AND IS NOT A LIVE-IN DOMESTIC SERVICE EMPLOYEE AS DESCRIBED IN 29 CFR 552.102.
(B) IS EMPLOYED TO PROVIDE CHILD CARE, BUT IS NOT A LIVE-IN DOMESTIC SERVICE EMPLOYEE AS DESCRIBED IN 29 CFR 552.102. HOWEVER, THE REQUIREMENTS OF SECTIONS 4 AND 4A DO NOT APPLY IF THE EMPLOYEE MEETS ALL OF THE FOLLOWING CONDITIONS:
(i) IS UNDER THE AGE OF 18.
(ii) PROVIDES SERVICES ON A CASUAL BASIS AS DESCRIBED IN 29 CFR 552.5.
(iii) PROVIDES SERVICES THAT DO NOT REGULARLY EXCEED 20 HOURS PER WEEK, IN THE AGGREGATE." and renumbering the remaining subsections.
2. Amend page 2, following line 23, by inserting:
"(4) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, SUBSECTION (1)(A) AND (B) AND SUBSECTION (2) DO NOT DEPRIVE AN EMPLOYEE OR ANY CLASS OF EMPLOYEES OF ANY RIGHT THAT EXISTED ON SEPTEMBER 30, 2006 TO RECEIVE OVERTIME COMPENSATION OR TO BE PAID THE MINIMUM WAGE.".
3. Amend page 2, following line 25, by inserting:
"Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 93rd Legislature are enacted into law:
(a) Senate Bill No. 453.
(b) Senate Bill No. 1364.".
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Ward moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 912 Yeas--103
Accavitti Drolet LaJoy Proos
Acciavatti Elsenheimer Law, David Robertson
Adamini Emmons Law, Kathleen Rocca
Amos Espinoza Leland Sak
Anderson Farhat Lemmons, III Schuitmaker
Angerer Farrah Lemmons, Jr. Shaffer
Ball Gaffney Lipsey Sheltrown
Baxter Garfield Marleau Smith, Alma
Bennett Gillard Mayes Smith, Virgil
Bieda Gleason McDowell Spade
Booher Gonzales Meisner Stahl
Brandenburg Gosselin Meyer Stakoe
Brown Green Miller Steil
Byrnes Hansen Moolenaar Stewart
Byrum Hildenbrand Moore Taub
Casperson Hood Mortimer Tobocman
Caswell Hoogendyk Murphy Vagnozzi
Caul Hopgood Newell Van Regenmorter
Cheeks Huizenga Nitz Vander Veen
Clack Hummel Nofs Walker
Clemente Hune Palmer Ward
Condino Hunter Palsrok Waters
Cushingberry Jones Pastor Williams
DeRoche Kahn Pavlov Wojno
Dillon Kolb Pearce Zelenko
Donigan Kooiman Polidori
Nays--0
In The Chair: Kooiman
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Bill No. 1335, entitled
A bill to provide for the administration of the Michigan merit award program; to provide for the powers and duties of certain state officers and entities; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 1364, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 4b (MCL 408.384b), as added by 1997 PA 1.
The Senate has passed the bill.
The bill was read a first time by its title.
Pending the reference of the bill to a committee,
Rep. Ward moved that Rules 44 and 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefore.
Rep. Ward moved that the bill be placed on the order of Second Reading of Bills.
The motion prevailed.
______
Rep. Palmer moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 1364, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 4b (MCL 408.384b), as added by 1997 PA 1.
The bill was read a second time.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The question being on the motion made by Rep. Ward,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 913 Yeas--93
Accavitti Emmons Kooiman Pearce
Acciavatti Espinoza LaJoy Polidori
Adamini Farhat Law, David Proos
Amos Farrah Law, Kathleen Robertson
Angerer Gaffney Leland Rocca
Ball Garfield Lemmons, III Sak
Baxter Gillard Lemmons, Jr. Schuitmaker
Booher Gleason Marleau Shaffer
Brandenburg Gonzales Mayes Sheltrown
Brown Gosselin McDowell Smith, Virgil
Byrnes Green Meisner Spade
Byrum Hansen Meyer Stahl
Casperson Hildenbrand Moolenaar Stakoe
Caswell Hood Moore Steil
Caul Hoogendyk Mortimer Stewart
Cheeks Hopgood Murphy Taub
Clack Huizenga Newell Tobocman
Clemente Hummel Nitz Van Regenmorter
Condino Hune Nofs Vander Veen
Cushingberry Hunter Palmer Walker
Dillon Jones Palsrok Ward
Donigan Kahn Pastor Waters
Drolet Kolb Pavlov Wojno
Elsenheimer
Nays--9
Anderson Lipsey Smith, Alma Williams
Bennett Miller Vagnozzi Zelenko
Bieda
In The Chair: Kooiman
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 453, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 272.
The Senate has passed the bill.
The bill was read a first time by its title.
Pending the reference of the bill to a committee,
Rep. Ward moved that Rules 44 and 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefore.
Rep. Ward moved that the bill be placed on the order of Second Reading of Bills.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 453, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 272.
The bill was read a second time.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The question being on the motion made by Rep. Ward,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 914 Yeas--100
Accavitti Elsenheimer LaJoy Proos
Acciavatti Emmons Law, David Robertson
Adamini Espinoza Law, Kathleen Rocca
Amos Farhat Leland Sak
Anderson Farrah Lemmons, III Schuitmaker
Angerer Gaffney Lemmons, Jr. Shaffer
Ball Garfield Lipsey Sheltrown
Baxter Gillard Marleau Smith, Alma
Bennett Gleason Mayes Smith, Virgil
Bieda Gonzales McDowell Spade
Booher Gosselin Meisner Stahl
Brandenburg Green Miller Stakoe
Brown Hansen Moolenaar Steil
Byrnes Hildenbrand Moore Stewart
Byrum Hood Mortimer Taub
Casperson Hoogendyk Murphy Tobocman
Caswell Hopgood Newell Vagnozzi
Caul Huizenga Nitz Van Regenmorter
Cheeks Hummel Nofs Vander Veen
Clack Hune Palmer Walker
Clemente Hunter Palsrok Ward
Condino Jones Pastor Waters
Cushingberry Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Donigan Kooiman Polidori Zelenko
Nays--2
Drolet Meyer
In The Chair: Kooiman
Rep. Hildenbrand withdrew his notice to reconsider the vote by which the House adopted House Resolution No. 55.
______
Rep. Ward moved that the House adjourn.
The motion prevailed, the time being 4:45 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, September 5, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives