No. 108
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Tuesday, October 16, 2007.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Dillon--present Lahti--present Pearce--present
Acciavatti--present Donigan--present LaJoy--present Polidori--present
Agema--present Ebli--present Law, David--present Proos--present
Amos--present Elsenheimer--present Law, Kathleen--present Robertson--present
Angerer--present Emmons--present LeBlanc--present Rocca--present
Ball--present Espinoza--present Leland--present Sak--present
Bauer--present Farrah--present Lemmons--present Schuitmaker--present
Bennett--present Gaffney--present Lindberg--present Scott--present
Bieda--present Garfield--present Marleau--present Shaffer--present
Booher--present Gillard--present Mayes--present Sheen--present
Brandenburg--present Gonzales--present McDowell--present Sheltrown--present
Brown--present Green--present Meadows--present Simpson--present
Byrnes--present Griffin--present Meekhof--present Smith, Alma--present
Byrum--present Hammel--present Meisner--present Smith, Virgil--present
Calley--present Hammon--present Melton--present Spade--present
Casperson--present Hansen--present Meltzer--present Stahl--present
Caswell--present Hildenbrand--present Miller--present Stakoe--present
Caul--present Hood--present Moolenaar--present Steil--present
Cheeks--present Hoogendyk--present Moore--present Tobocman--present
Clack--present Hopgood--present Moss--present Vagnozzi--present
Clemente--present Horn--present Nitz--present Valentine--present
Condino--present Huizenga--present Nofs--present Walker--present
Constan--present Hune--present Opsommer--present Ward--present
Corriveau--present Jackson--present Palmer--present Warren--present
Coulouris--present Johnson--present Palsrok--present Wenke--present
Cushingberry--present Jones, Rick--present Pastor--present Wojno--present
Dean--present Jones, Robert--present Pavlov--present Young--present
DeRoche--present Knollenberg--present
e/d/s = entered during session
Rep. John Garfield, from the 45th District, offered the following invocation:
"Dear Father, in the name of the Lord Jesus, I pray for our nation's economy. I know that like a strong military, a strong economy is necessary to keep a nation powerful.
Father, I pray that You would raise up people of skill and wisdom who will affect the economy of our state and ultimately our nation. Give us inspired ideas and a voice with the powers that be.
Cause our senate, fellow house members and our nation's congress to vote aright in all matters. Give each of us foresight so that provision might be made for our nation's future, not just its present.
Father, as the people of our nation continue to finance the preaching of the gospel and help the poor all over the world, I pray that You would continue to prosper us more and more.
We also pray for our soldiers, sailors and airmen, that they would be safe. I pray that we will never forget to honor those who have paid the ultimate sacrifice of their lives and their families.
Thank You Father, for our many blessings. In Jesus name we pray, AMEN."
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 107.
A resolution to memorialize Congress to reauthorize Amtrak funding and support states in their efforts to expand passenger rail service.
(For text of resolution, see House Journal No. 47, p. 696.)
(The resolution was reported by the Committee on Transportation on October 11, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the resolution,
The resolution was adopted.
Second Reading of Bills
Senate Bill No. 347, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 437 and 440 (MCL 206.437 and 206.440), section 437 as added by 2005 PA 249 and section 440 as amended by 2005 PA 160, and by adding section 435.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Bieda moved to amend the bill as follows:
1. Amend page 2, line 9, after "CANCER" by striking out "PREVENTION AND TREATMENT" and inserting "RESEARCH".
2. Amend page 2, line 10, after "CANCER" by striking out "PREVENTION AND TREATMENT" and inserting "RESEARCH".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Palsrok moved that Rep. Moss be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 347, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 437 and 440 (MCL 206.437 and 206.440), section 437 as added by 2005 PA 249 and section 440 as amended by 2005 PA 160, and by adding section 435.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 477 Yeas--106
Accavitti DeRoche Lahti Polidori
Acciavatti Dillon LaJoy Proos
Agema Donigan Law, David Robertson
Amos Ebli Law, Kathleen Rocca
Angerer Elsenheimer LeBlanc Sak
Ball Emmons Leland Schuitmaker
Bauer Espinoza Lemmons Scott
Bennett Farrah Lindberg Shaffer
Bieda Gaffney Marleau Sheen
Booher Gillard Mayes Sheltrown
Brandenburg Gonzales McDowell Simpson
Brown Green Meadows Smith, Alma
Byrnes Griffin Meekhof Smith, Virgil
Byrum Hammel Meisner Spade
Calley Hammon Melton Stahl
Casperson Hansen Meltzer Stakoe
Caswell Hildenbrand Miller Steil
Caul Hood Moolenaar Tobocman
Cheeks Hopgood Moore Vagnozzi
Clack Horn Nitz Valentine
Clemente Huizenga Nofs Walker
Condino Hune Opsommer Ward
Constan Jackson Palsrok Warren
Corriveau Johnson Pastor Wenke
Coulouris Jones, Rick Pavlov Wojno
Cushingberry Jones, Robert Pearce Young
Dean Knollenberg
Nays--3
Garfield Hoogendyk Palmer
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,"
The House agreed to the full title.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 16, entitled
A bill to establish the prostate cancer research fund in the department of community health; to provide for the distribution of money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.
The bill was read a second time.
Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 348, entitled
A bill to establish the Amanda's fund for breast cancer research in the department of community health; to provide for the distribution of money from the fund; to prescribe the duties and powers of certain agencies and officials; and to provide for appropriations.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 350, entitled
A bill to establish the animal welfare fund in the department of agriculture; to provide for the distribution of money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.
The bill was read a second time.
Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4822, entitled
A bill to amend 2004 PA 46, entitled "Public safety officers benefit act," by amending the title and section 2 (MCL 28.632) and by adding section 4a.
Rep. Tobocman moved that the bill be re-referred to the Committee on Intergovernmental, Urban and Regional Affairs.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4823, entitled
A bill to amend 2004 PA 46, entitled "Public safety officers benefit act," by amending the title and section 2 (MCL 28.632) and by adding section 4a.
Rep. Tobocman moved that the bill be re-referred to the Committee on Intergovernmental, Urban and Regional Affairs.
The motion prevailed.
House Bill No. 5034, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8501 (MCL 324.8501), as amended by 2006 PA 503.
The bill was read a second time.
Rep. Sheltrown moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5035, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8517 (MCL 324.8517), as added by 1998 PA 276.
The bill was read a second time.
Rep. Mayes moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4763, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5453 (MCL 333.5453), as amended by 2002 PA 644.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Mayes moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4763, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5453 (MCL 333.5453), as amended by 2002 PA 644.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 478 Yeas--105
Acciavatti Donigan Knollenberg Pearce
Agema Ebli Lahti Polidori
Amos Elsenheimer LaJoy Proos
Angerer Emmons Law, David Robertson
Ball Espinoza Law, Kathleen Rocca
Bauer Farrah LeBlanc Sak
Bennett Gaffney Leland Schuitmaker
Bieda Garfield Lemmons Scott
Booher Gillard Lindberg Shaffer
Brown Gonzales Marleau Sheen
Byrnes Green Mayes Sheltrown
Byrum Griffin McDowell Simpson
Calley Hammel Meadows Smith, Alma
Casperson Hammon Meekhof Smith, Virgil
Caswell Hansen Meisner Spade
Caul Hildenbrand Melton Stakoe
Cheeks Hood Meltzer Steil
Clack Hoogendyk Miller Tobocman
Clemente Hopgood Moolenaar Vagnozzi
Condino Horn Moore Valentine
Constan Huizenga Nitz Walker
Corriveau Hune Opsommer Ward
Coulouris Jackson Palmer Warren
Cushingberry Johnson Palsrok Wenke
Dean Jones, Rick Pastor Wojno
DeRoche Jones, Robert Pavlov Young
Dillon
Nays--4
Accavitti Brandenburg Nofs Stahl
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5021, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 708b (MCL 257.708b), as amended by 2004 PA 362.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Hopgood moved to amend the bill as follows:
1. Amend page 2, line 21, after "(3)" by striking out "A" and inserting "EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, A".
2. Amend page 2, line 24, after "standards." by striking out the balance of the line through "CONTROL." on line 27 and inserting "AN AFTERMARKET VISUAL DEVICE DESCRIBED IN SUBSECTION (2)(A) OR (B) MAY BE INSTALLED OR MOUNTED ON THE WINDSHIELD OR ABOVE THE DASHBOARD, BUT SHALL NOT BE MOUNTED WITHIN THE DEPLOYMENT PROFILE OF THE VEHICLE AIRBAGS OR IN A MANNER THAT INTERFERES WITH THE OPERATOR'S VIEW OR CONTROL.".
3. Amend page 3, line 1, after "a" by striking out the balance of the line through "TO" on line 2.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5021, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 708b (MCL 257.708b), as amended by 2004 PA 362.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 479 Yeas--109
Accavitti Dillon Knollenberg Pearce
Acciavatti Donigan Lahti Polidori
Agema Ebli LaJoy Proos
Amos Elsenheimer Law, David Robertson
Angerer Emmons Law, Kathleen Rocca
Ball Espinoza LeBlanc Sak
Bauer Farrah Leland Schuitmaker
Bennett Gaffney Lemmons Scott
Bieda Garfield Lindberg Shaffer
Booher Gillard Marleau Sheen
Brandenburg Gonzales Mayes Sheltrown
Brown Green McDowell Simpson
Byrnes Griffin Meadows Smith, Alma
Byrum Hammel Meekhof Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Meltzer Stakoe
Caul Hood Miller Steil
Cheeks Hoogendyk Moolenaar Tobocman
Clack Hopgood Moore Vagnozzi
Clemente Horn Nitz Valentine
Condino Huizenga Nofs Walker
Constan Hune Opsommer Ward
Corriveau Jackson Palmer Warren
Coulouris Johnson Palsrok Wenke
Cushingberry Jones, Rick Pastor Wojno
Dean Jones, Robert Pavlov Young
DeRoche
Nays--0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Johnson, Hammon, Cushingberry, Vagnozzi, Alma Smith, Young, Clack, Accavitti, Constan, Dean, Farrah, Kathleen Law, Lemmons, Melton, Miller, Sak, Stahl, Tobocman, Warren, Gonzales, Hammel, Leland and Polidori offered the following resolution:
House Resolution No. 208.
A resolution to memorialize the Congress of the United States to expand the food assistance program to allow all recipients of the Electronic Benefits Transfer (EBT) card to use it in approved restaurants.
Whereas, Current United States Department of Agriculture rules allow senior citizens, homeless and disabled recipients of the food assistance program to purchase prepared food in certain approved restaurants. This flexibility has made obtaining meals easier for senior citizens and the disabled who are unable to prepare meals, and for the homeless whocannot store perishable grocery items. The use of EBT cards has further simplified transactions for food and other purchases and has opened the food assistance program to new options for recipients; and
Whereas, This program can be beneficial to homeless and disabled families and individuals who are in other categories of the food assistance program. In addition to opening a wide array of food choices, a more flexible program that includes approved restaurants that offer on-site meal preparation, discount prices, and healthy food choices would also provide a time- saving alternative for families when necessary; and
Whereas, By expanding the food assistance program to include all categories of recipients, more families will have the option to make wider food selections; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to expand the use of EBT cards for all categories of food assistance recipients; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Families and Children's Services.
Reps. Sak, Accavitti, Brown, Byrnes, Caul, Constan, Coulouris, Cushingberry, Dean, Farrah, Green, Hammon, Hildenbrand, Johnson, Rick Jones, Robert Jones, LaJoy, Kathleen Law, LeBlanc, Lemmons, Mayes, McDowell, Moore, Palmer, Palsrok, Proos, Scott, Shaffer, Sheltrown, Spade, Stahl, Tobocman, Vagnozzi, Warren, Wojno, Clack, Gonzales, Hammel, Leland, Polidori and Bieda offered the following resolution:
House Resolution No. 209.
A resolution recognizing October 15-19, 2007, as Credit Union Week and honoring all Michigan credit unions.
Whereas, Credit unions have been organized in Michigan since the 1930's, they have a proud tradition of innovation and leadership among the nation's credit unions. The Michigan credit union movement is one of growth, success and progress; and
Whereas, Michigan credit unions are rooted in the communities in which they serve, whether supporting local charities,offering financial education seminars or operating student-run credit union branches in schools. They do this voluntarily, because as not-for-profit, member-owned financial cooperatives, credit unions recognize that social responsibility is an integral part of their mission; and
Whereas, Michigan credit unions have saved Michigan residents an estimated $326,000,000 through lower fees and better loan rates for 12 months ending June 2006; and
Whereas, Michigan credit unions remain informed through the assist of the Michigan Credit Union League which has focused exclusively on serving its members throughout its 72-year history, a commitment that is concisely expressed in its mission statement: To foster, protect and promote the vitality of credit unions by providing programs and services that will enhance their ability to enrich the lives of their members; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor Michigan credit unions as they celebrate Credit Union Week.
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 71 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. Coulouris, Accavitti, Brown, Byrnes, Caswell, Constan, Cushingberry, Dean, Farrah, Green, Hammon, Hildenbrand, Johnson, Rick Jones, Robert Jones, LaJoy, Kathleen Law, LeBlanc, Lemmons, Mayes, McDowell, Melton, Moore, Palmer, Palsrok, Proos, Sak, Sheltrown, Spade, Stahl, Tobocman, Vagnozzi, Warren, Wojno, Byrum, Clack, Gonzales, Hammel, Leland, Polidori and Bieda offered the following resolution:
House Resolution No. 210.
A resolution declaring October 14-20, 2007, as Credit Union Week in the state of Michigan.
Whereas, The vitality and stability of Michigan's economy is important to continued business growth, expanded employment opportunities, and improved financial security for the people of this state; and
Whereas, Credit unions were created as cooperative, not-for-profit financial institutions committed to the economic improvement of their membership; and
Whereas, Credit unions continue to provide their 4.4 million Michigan members access to affordable, reliable financial services; and
Whereas, Credit unions continue to improve the financial literacy of their members and the community, following the credit union philosophy of "People Helping People"; and
Whereas, During the week of October 14-20, 2007, credit unions throughout the nation will celebrate 82 years of providing competent financial services in a democratic, cooperative manner to citizens of both our Great Lakes State, and our nation; now, therefore, be it,
Resolved by the House of Representatives, That this legislative body declares October 14-20, 2007, as Credit Union Week in Michigan. We honor the contributions that credit unions make to building better communities with their Community Reinvestment Initiatives.
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 71 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. Johnson, Hammel, Hammon, Constan, Cushingberry, Clack, Vagnozzi, Alma Smith, Meadows, Young, Coulouris, Lemmons, Scott, Virgil Smith, Hood, Farrah, David Law, Mayes, Warren, Clemente, Jackson, Cheeks, Accavitti, Dean, Robert Jones, Kathleen Law, LeBlanc, Melton, Miller, Sak, Sheltrown, Stahl, Tobocman, Gonzales, Leland and Bieda offered the following concurrent resolution:
House Concurrent Resolution No. 52.
A concurrent resolution to call for changes in state tax and housing policy to deal with urban areas that are subject to high rates of home mortgage foreclosure and tax delinquency.
Whereas, Michigan leads the nation in the rate of home mortgage foreclosures. This problem is particularly acute in our urban areas where the state's economy has been hit the hardest, and where predatory lending practices and redlining have further contributed to the problem. Tax delinquency is also a pressing concern in our urban core communities. Clearly, efforts to support homeownership pay dividends to us all. While mortgage foreclosure is a free market business issue and tax delinquency is a public concern, these problems have common economic and social roots. Potential solutions may likewise be available to address both of these problems. It will require a long-run public-private commitment to home ownership, housing preservation, and community development; and
Whereas, In the more immediate term, an investment in preserving homeownership must begin with intergovernmentalcooperation and the assistance of the local financial community. The state could be a leader in this effort with initiatives to reduce the property tax burden on those in urban neighborhoods with high rates of mortgage foreclosure and tax delinquency through the establishment of "Local Protected Tax Zones," defined as specific geographical areas within a local jurisdiction identified by the local unit as being critical to the preservation of residential property values; and
Whereas, As envisioned, the Department of Treasury could designate up to two local protected tax zones in an eligible community each year. The department would select these zones based on demonstrated need, evidence of a residential property value stabilization plan, identification of a local nonprofit plan manager, and the submission of any applicable administration fees. In addition, under its rights of first refusal pursuant to the reforms associated with 1999 PA 123's expedited property tax foreclosure process, a foreclosing governmental entity could transfer reverted properties within these local protected tax zones to the nonprofit residential property value stabilization plan manager on a minimum bid basis. The refurbishing and reuse of these properties would be a critical component of this property value stabilization effort; and
Whereas, In recognition of the immediacy of the problem, the state of Michigan should adopt a pilot local protected tax zone initiative. The Northwest Detroit Community Coalition, and its preferred nonprofit manager, National Faith Home Buyers in zip codes 48221 and 48235, stands ready to take reverted properties for reuse and community renewal. The state, in cooperation with the city of Detroit and the United States Department of Housing and Urban Development, could design and launch the pilot program within the zone associated with the Detroit Housing Commission's Scattered Site Program; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we hereby call for changes in state tax and housing policy to deal with urban areas that are subject to high rates of home mortgage foreclosure and tax delinquency; and be it further
Resolved, That copies of this resolution be transmitted to the Offices of the Governor and the Mayor of the city of Detroit, the Michigan Department of Treasury, the Detroit City Council, the Wayne County Treasurer, and the United States Department of Housing and Urban Development.
The concurrent resolution was referred to the Committee on Banking and Financial Services.
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 Thursday, October 11:
House Bill Nos. 5282 5283 5284 5285 5286 5287 5288 5289 5290 5291 5292 5293 5294 5295 5296 5297 5298 5299 5300 5301 5302 5303 5304 5305 5306 5307 5308 5309 5310
The Clerk announced the enrollment printing and presentation to the Governor on Monday, October 15, for her approval of the following bill:
Enrolled House Bill No. 4956 at 1:53 p.m.
Reports of Standing Committees
The Committee on Commerce, by Rep. Meisner, Chair, reported
House Bill No. 4050, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2006 PA 508, and by adding section 3e.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Coulouris, Dean, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer
Nays: Rep. Huizenga
The Committee on Commerce, by Rep. Meisner, Chair, reported
House Bill No. 4317, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2006 PA 508.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Coulouris, Dean, Griffin, Johnson, Sheltrown, Simpson and Valentine
Nays: Reps. Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer
The Committee on Commerce, by Rep. Meisner, Chair, reported
House Bill No. 4680, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," (MCL 445.901 to 445.922) by adding section 3f.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Coulouris, Dean, Griffin, Johnson, Simpson and Valentine
Nays: Reps. Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meisner, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, October 16, 2007
Present: Reps. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Coulouris, Dean, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer
The Committee on Education, by Rep. Melton, Chair, reported
Senate Bill No. 403, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1278b (MCL 380.1278b), as amended by 2006 PA 623.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Melton, Valentine, Angerer, Brown, Byrum, Clack, Corriveau, Dean, Hopgood, Lindberg, Meisner, Miller and Polidori
Nays: Reps. Moolenaar, Emmons, Hoogendyk, Steil, Pearce, Hildenbrand, Schuitmaker and Knollenberg
The Committee on Education, by Rep. Melton, Chair, reported
Senate Bill No. 571, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1311 and 1311a (MCL 380.1311 and 380.1311a), section 1311 as amended by 1999 PA 23 and section 1311a as amended by 2000 PA 230.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Melton, Valentine, Angerer, Brown, Byrum, Clack, Corriveau, Dean, Hopgood, Lindberg, Meisner, Miller, Polidori, Moolenaar, Emmons, Hoogendyk, Steil, Pearce, Hildenbrand, Schuitmaker and Knollenberg
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Melton, Chair, of the Committee on Education, was received and read:
Meeting held on: Tuesday, October 16, 2007
Present: Reps. Melton, Valentine, Angerer, Brown, Byrum, Clack, Corriveau, Dean, Hopgood, Lindberg, Meisner, Miller, Polidori, Moolenaar, Emmons, Hoogendyk, Steil, Pearce, Hildenbrand, Schuitmaker and Knollenberg
Absent: Reps. Scott and Opsommer
Excused: Reps. Scott and Opsommer
The Committee on Senior Health, Security, and Retirement, by Rep. Robert Jones, Chair, reported
House Resolution No. 207.
A resolution to memorialize the United States Congress to enact federal legislation designed to prevent elder abuse.
(For text of resolution, see House Journal No. 107, p. 1755.)
With the recommendation that the resolution be adopted.
The resolution was laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Robert Jones, Constan, Hopgood, Lemmons, Warren, Ball, Sheen and Stahl
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Robert Jones, Chair, of the Committee on Senior Health, Security, and Retirement, was received and read:
Meeting held on: Tuesday, October 16, 2007
Present: Reps. Robert Jones, Constan, Hopgood, Lemmons, Warren, Ball, Sheen and Stahl
Absent: Rep. Green
Excused: Rep. Green
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:
Meeting held on: Tuesday, October 16, 2007
Present: Reps. Sheltrown, Ebli, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson, Walker, Stakoe and Horn
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Coulouris, Chair, of the Committee on Banking and Financial Services, was received and read:
Meeting held on: Tuesday, October 16, 2007
Present: Reps. Coulouris, Johnson, Clemente, Mayes, Virgil Smith, Moore, Robertson, Green and Calley
Messages from the Senate
House Bill No. 5251, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9f (MCL 211.9f), as amended by 2004 PA 79.
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.
Notices
October 16, 2007
Rich Brown
Clerk of the House
Mr. Clerk,
I hereby make the following committee assignment changes:
Appropriations:
Remove Rep. Agema
Appoint Rep. Walker
Agriculture:
Remove Rep. Walker
Appoint Rep. Agema
And appoint Rep. Ball as minority vice-chair.
Great Lakes and Environment:
Remove Rep. Walker
Appoint Rep. Agema
Tourism, Outdoor Recreation and Natural Resources:
Remove Rep. Walker
Appoint Rep. Agema
Health Policy:
Remove Rep. Ward
Appoint Rep. Robertson
Regards,
Andy Dillon
Speaker of the House
Michigan House of Representatives
Messages from the Governor
Date: October 16, 2007
Time: 8:50 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4956 (Public Act No. 113, I.E.), being
An act to amend 2000 PA 92, entitled "An act to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture; to provide for delegation of certain powers and duties to certain local units of government; to provideexemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public andto prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts," by amending sections 1105, 1107, 1109, 2111, 2113, 2119, 2123, 2125, 2129, 3103, 3119, 3121, 3123, 3125, 3127, 3135, 3137, 3139, 4101, 4103, 4105, and 4107 (MCL 289.1105, 289.1107, 289.1109, 289.2111, 289.2113, 289.2119, 289.2123, 289.2125, 289.2129, 289.3103, 289.3119, 289.3121, 289.3123, 289.3125, 289.3127, 289.3135, 289.3137, 289.3139, 289.4101, 289.4103, 289.4105, and 289.4107), sections 1109 and 3119 as amended by 2002 PA 487; and to repeal acts and parts of acts.
(Filed with the Secretary of State October 16, 2007, at 9:46 a.m.)
Introduction of Bills
Reps. Proos, Johnson, Virgil Smith, Ball, Angerer, Acciavatti, Pavlov, Moss, Marleau, Palsrok and Huizenga introduced
House Bill No. 5311, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 253.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Proos, Johnson, Virgil Smith, Acciavatti, Pavlov, Moss, Marleau, Palsrok and Huizenga introduced
House Bill No. 5312, entitled
A bill to amend 2007 PA 36, entitled "Michigan business tax act," (MCL 208.1101 to 208.1601) by adding section 451.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Proos, Johnson, Virgil Smith, Ball, Angerer, Acciavatti, Pavlov, Moss, Marleau, Palsrok and Huizenga introduced
House Bill No. 5313, entitled
A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," (MCL 125.1401 to 125.1499c) by adding section 18.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Hammon, Gonzales, LeBlanc, Miller, Hammel, Clack, Alma Smith and Johnson introduced
House Bill No. 5314, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4805 (MCL 600.4805), as amended by 2003 PA 178.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Hammon, Gonzales, Hammel, Clack and Alma Smith introduced
House Bill No. 5315, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 320a (MCL 257.320a), as amended by 2004 PA 495, and by adding section 615a; 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. Miller, Accavitti, Jackson, Hansen, LaJoy, Gonzales, Polidori, Bieda, Dean, Hopgood, Warren, Meisner, Clack, Scott, Leland, Hammon, Vagnozzi, Lemmons and Byrnes introduced
House Bill No. 5316, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 241b (MCL 18.1241b), as added by 1995 PA 38.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Byrum, Nitz, Opsommer, Ball, Moss, Pavlov, Agema, Marleau and Meekhof introduced
House Bill No. 5317, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 20126b.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
Reps. Sheltrown, Moore, Melton and Valentine introduced
House Bill No. 5318, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 541 (MCL 436.1541), as amended by 2006 PA 253.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Jackson, Tobocman, Johnson, Lemmons, Meadows, Farrah, Opsommer, Clack, Hammon, Leland, Cushingberry and Cheeks introduced
House Bill No. 5319, entitled
A bill to amend 1917 PA 167, entitled "Housing law of Michigan," by amending section 141b (MCL 125.541b), as added by 1992 PA 144.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
Reps. Nitz, Meekhof and Agema introduced
House Bill No. 5320, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80152 (MCL 324.80152), as amended by 1999 PA 19.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Reps. Amos, Knollenberg, Opsommer, David Law, Gaffney, Hune, Rick Jones, Steil, Stahl, Wenke, LaJoy, Marleau and Garfield introduced
House Bill No. 5321, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 36 (MCL 791.236), as amended by 2006 PA 403.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Announcements by the Clerk
October 12, 2007
Received from the Auditor General a copy of the following audit report and/or report summary:
Follow-up of the performance audit of Human Resources Management Network (HRMN) Self-Service, Department of Civil Service, October 2007.
Richard J. Brown
Clerk of the House
______
Rep. Bennett moved that the House adjourn.
The motion prevailed, the time being 3:40 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, October 17, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives