2007-HJ-09-15-087

No. 87

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Saturday, September 15, 2007.

12:01 a.m.

The House was called to order by the Speaker Pro Tempore.

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

Accavitti--present Dillon--present Lahti--present Pearce--present

Acciavatti--present Donigan--present LaJoy--present Polidori--present

Agema--excused Ebli--present Law, David--present Proos--present

Amos--present Elsenheimer--present Law, Kathleen--present Robertson--present

Angerer--present Emmons--present LeBlanc--present Rocca--present

Ball--present Espinoza--present Leland--present Sak--present

Bauer--present Farrah--present Lemmons--present Schuitmaker--present

Bennett--present Gaffney--present Lindberg--present Scott--present

Bieda--present Garfield--present Marleau--present Shaffer--present

Booher--present Gillard--present Mayes--present Sheen--present

Brandenburg--present Gonzales--present McDowell--present Sheltrown--present

Brown--present Green--excused Meadows--present Simpson--present

Byrnes--present Griffin--present Meekhof--present Smith, Alma--present

Byrum--present Hammel--present Meisner--present Smith, Virgil--present

Calley--present Hammon--present Melton--present Spade--present

Casperson--present Hansen--present Meltzer--present Stahl--present

Caswell--present Hildenbrand--present Miller--present Stakoe--present

Caul--present Hood--present Moolenaar--present Steil--present

Cheeks--present Hoogendyk--present Moore--present Tobocman--present

Clack--present Hopgood--present Moss--present Vagnozzi--present

Clemente--present Horn--present Nitz--present Valentine--present

Condino--present Huizenga--present Nofs--present Walker--present

Constan--present Hune--present Opsommer--present Ward--present

Corriveau--present Jackson--present Palmer--present Warren--present

Coulouris--present Johnson--present Palsrok--present Wenke--present

Cushingberry--present Jones, Rick--present Pastor--present Wojno--present

Dean--present Jones, Robert--present Pavlov--present Young--present

DeRoche--present Knollenberg--present

e/d/s = entered during session

Rep. Robert Dean, from the 75th District, offered the following invocation:

"Our Father Who Art in Heaven, we are once again together here at the beginning of a new day. We are here to give You thanks for blessing us in days past and asking Your blessing in days to come. We ask that You were to look on us even now as we wait before Thee as Thy stewards to learn Thy will for us this day. Give us understanding minds that shall find opportunities for service, loving hearts that shall rejoice in being brothers and sisters to all who are in need, unselfish spirits shall find their deepest joy in sharing our blessings with others. Help us so to live this day at its close when we can come again to Thee and give an account of our stewardship of time, of talent and of possessions, that shall win from Thee those gracious words that were spoken long ago to the faithful steward: 'Well done...enter thou into the joy of Thy Lord.' Hear our prayer, we beseech Thee and send us O God Thine blessings as we go forth from this moment into this new day. We ask in Jesus name, Amen."

______

Rep. Booher moved that Reps. Agema and Green be excused from today's session.

The motion prevailed.

Third Reading of Bills

House Bill No. 5194, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 30, 51, 261, 266, and 270 (MCL 206.30, 206.51, 206.261, 206.266, and 206.270), section 30 as amended by 2005 PA 214, section 51 as amended by 1999 PA 6, section 261 as amended by 2000 PA 195, section 266 as amended by 2006 PA 52, and section 270 as amended by 2005 PA 234; and to repeal acts and parts of acts.

(The bill was read a third time and postponed temporarily on September 14, see House Journal No. 86, p. 1442.)

The question being on the passage of the bill,

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that there be a Call of the House.

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

Proceedings Under the Call

The roll of the House was called by the Clerk and Reps. Agema, Caul, Garfield, Green and Palmer were reported absent.

______

Rep. Dillon moved that Reps. Caul and Green be excused from today's session.

The motion prevailed.

______

Rep. Tobocman moved that the Sergeant at Arms be dispatched after the absentees.

The motion prevailed.

Rep. Tobocman moved that the House proceed with the business under the Call.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 229, entitled

A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2008; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 229, entitled

The bill was read a third time.

The question being on the passage of the bill,

Rep. Acciavatti moved to substitute (H-7) the bill.

The motion was seconded.

The question being on the adoption of the substitute (H-7) offered by Rep. Acciavatti,

Rep. Tobocman moved that consideration of the substitute be postponed temporarily.

The motion prevailed.

The question being on the passage of the bill,

Rep. Tobocman moved to substitute (H-10) the bill.

The motion was seconded.

The question being on the adoption of the substitute (H-10) offered by Rep. Tobocman,

Point of Order

Rep. Ward requested a ruling from the Chair regarding the germaneness of the substitute offered by Rep. Tobocman.

The Chair ruled that the substitute is germane pursuant to House Rule 60.

Rep. Ward 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 voting therefor, by yeas and nays, as follows:

Roll Call No. 368 Yeas--58

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris Jackson

Nays--47

Acciavatti Hansen Meltzer Robertson

Amos Hildenbrand Moolenaar Rocca

Ball Hoogendyk Moore Schuitmaker

Booher Horn Moss Shaffer

Brandenburg Huizenga Nitz Sheen

Calley Hune Nofs Stahl

Casperson Jones, Rick Opsommer Stakoe

Caswell Knollenberg Palsrok Steil

DeRoche LaJoy Pastor Walker

Elsenheimer Law, David Pavlov Ward

Emmons Marleau Pearce Wenke

Gaffney Meekhof Proos

In The Chair: Sak

The question being on the adoption of the substitute (H-10) offered by Rep. Tobocman,

Rep. Tobocman demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-10) offered by Rep. Tobocman,

The substitute (H-10) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 369 Yeas--0

Nays--105

Accavitti Donigan LaJoy Polidori

Acciavatti Ebli Law, David Proos

Amos Elsenheimer Law, Kathleen Robertson

Angerer Emmons LeBlanc Rocca

Ball Espinoza Leland Sak

Bauer Farrah Lemmons Schuitmaker

Bennett Gaffney Lindberg Scott

Bieda Gillard Marleau Shaffer

Booher Gonzales Mayes Sheen

Brandenburg Griffin McDowell Sheltrown

Brown Hammel Meadows Simpson

Byrnes Hammon Meekhof Smith, Alma

Byrum Hansen Meisner Smith, Virgil

Calley Hildenbrand Melton Spade

Casperson Hood Meltzer Stahl

Caswell Hoogendyk Miller Stakoe

Cheeks Hopgood Moolenaar Steil

Clack Horn Moore Tobocman

Clemente Huizenga Moss Vagnozzi

Condino Hune Nitz Valentine

Constan Jackson Nofs Walker

Corriveau Johnson Opsommer Ward

Coulouris Jones, Rick Palsrok Warren

Cushingberry Jones, Robert Pastor Wenke

Dean Knollenberg Pavlov Wojno

DeRoche Lahti Pearce Young

Dillon

In The Chair: Sak

______

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

"Mr. Speaker and members of the House:

Again the Democratic Party subverts the legislative process by not even recognizing the Republicans to speak even though they can out vote us at any moment. They substitute bills and give us 5 minutes to read 31 pages of the bill and expect us to vote. The Democratic majority has made a mockery of this institution and the legislative process."

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

"Mr. Speaker and members of the House:

This is another disappointment with substitute legislation that was not previously put before a committee nor was there time to review before voting. This is nothing less than reckless and irresponsible abuse of the people's authority entrusted to the legislature. This was the work of one man without review."

The question being on the passage of the bill,

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

The motion prevailed.

The House returned to the consideration of

House Bill No. 5194, entitled

(The bill was considered earlier today, see today's Journal, p. 1450.)

The question being on the passage of the bill,

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

The motion prevailed.

Introduction of Bills

Reps. Meltzer, Moss, Brandenburg, Calley, Agema, Nofs, Sheen, Stahl, Elsenheimer, Meekhof, Gaffney, Hune, Ward and Garfield introduced

House Bill No. 5211, entitled

A bill to prohibit local units of government from enacting or enforcing any law, ordinance, policy, or rule that limits local officials, officers, or employees from communicating or cooperating with appropriate federal officials concerning the immigration status of individuals; to prescribe the powers and duties of certain

The bill was read a first time by its title and referred to the Committee on Oversight and Investigations.

Reps. Tobocman, Sak, Condino, Coulouris, Johnson, Melton, Donigan and Constan introduced

House Bill No. 5212, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending sections 2 and 8b (MCL 432.202 and 432.208b), section 2 as amended and section 8b as added by 1997 PA 69.

The bill was read a first time by its title and referred to the Committee on Regulatory Reform.

Reps. Coulouris, Johnson, Constan, Alma Smith, Byrnes, Melton, Meadows, Condino, Bieda, Virgil Smith, Meisner, Tobocman and Robert Jones introduced

House Bill No. 5213, entitled

A bill to amend 1965 PA 213, entitled "An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties," by amending section 1 (MCL 780.621), as amended by 2002 PA 472; 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.

Reps. Coulouris, Miller, Constan, Alma Smith, Byrnes, Calley, Tobocman and Wojno introduced

House Bill No. 5214, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1315.

The bill was read a first time by its title and referred to the Committee on Education.

Reps. Sak, Polidori, Emmons, Huizenga, Vagnozzi, Young, Agema, Brown, Espinoza, Lemmons, Ebli, Bauer, Angerer, Sheltrown, Garfield and Dean introduced

House Bill No. 5215, entitled

A bill to establish a board for the post-posthumous funds of the Michigan veterans' facilities; and to provide for the administration of the assets in the post-posthumous funds.

The bill was read a first time by its title and referred to the Committee on Military and Veterans Affairs and Homeland Security.

Rep. David Law introduced

House Bill No. 5216, entitled

A bill to amend 1977 PA 72, entitled "The medicaid false claim act," by amending sections 7 and 12 (MCL 400.607 and 400.612), section 7 as amended by 1984 PA 333.

The bill was read a first time by its title and referred to the Committee on Health Policy.

Rep. Tobocman introduced

House Bill No. 5217, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 13 (MCL 141.913), as amended by 2006 PA 437.

The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.

Rep. Kathleen Law introduced

House Bill No. 5218, entitled

A bill to require certain providers of electric service to purchase electricity from eligible electric generators; to prescribe the powers and duties of certain state agencies and officials; and to provide for penalties.

The bill was read a first time by its title and referred to the Committee on Energy and Technology.

Rep. Cheeks introduced

House Bill No. 5219, entitled

A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the department of state, the department of treasury, the department of management and budget, the department of civil service, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September30, 2008; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.