No. 132
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Wednesday, December 12, 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--excused Meekhof--present Smith, Alma--present
Byrum--excused 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. James Marleau, from the 46th District, offered the following invocation:
"God of power and might, wisdom and justice, through You authority is rightly administered, laws are enacted, and judgment is decreed.
Assist with Your spirit of counsel and fortitude the Michigan Legislature and other government leaders in the state of Michigan.
May they always seek the ways of righteousness, justice and mercy.
Grant that they may be enabled by Your powerful protection to lead our state with honesty and integrity.
We ask this through Christ our Lord. Amen."
______
Rep. Tobocman moved that Reps. Byrum and Griffin be excused from today's session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4550, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16b of chapter XVII (MCL 777.16b), as amended by 2006 PA 518.
(The bill was received from the Senate on December 11, with substitute (S-1) and full title inserted, consideration of which, under the rules, was postponed until today, see House Journal No. 131, p. 2443.)
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. 600 Yeas--104
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Emmons LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lemmons Schuitmaker
Bieda Gaffney Lindberg Scott
Booher Garfield Marleau Shaffer
Brandenburg Gillard Mayes Sheltrown
Brown Gonzales McDowell Simpson
Byrnes Green Meadows Smith, Alma
Calley Hammel Meekhof Smith, Virgil
Casperson Hammon Meisner Spade
Caswell Hansen Melton Stahl
Caul Hildenbrand Meltzer Stakoe
Cheeks Hood Miller Steil
Clack Hopgood Moolenaar Tobocman
Clemente Horn Moore Vagnozzi
Condino Huizenga Moss Valentine
Constan Hune Nitz Walker
Corriveau Jackson Nofs Ward
Coulouris Johnson Opsommer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Nays--4
Agema Hoogendyk Palmer Sheen
In The Chair: Sak
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 4551, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 50 (MCL 750.50), as amended by 1998 PA 405.
(The bill was received from the Senate on December 11, with substitute (S-1) and full title inserted, consideration of which, under the rules, was postponed until today, see House Journal No. 131, p. 2443.)
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. 601 Yeas--91
Accavitti Dean Jones, Robert Polidori
Acciavatti DeRoche Knollenberg Proos
Amos Dillon Lahti Robertson
Angerer Donigan LaJoy Rocca
Ball Ebli Law, David Sak
Bauer Emmons Law, Kathleen Schuitmaker
Bennett Espinoza LeBlanc Scott
Bieda Farrah Leland Shaffer
Booher Gaffney Lemmons Sheltrown
Brown Gillard Lindberg Simpson
Byrnes Gonzales Marleau Smith, Alma
Calley Green Mayes Smith, Virgil
Casperson Hammel McDowell Spade
Caswell Hammon Meadows Steil
Caul Hansen Meisner Tobocman
Cheeks Hildenbrand Melton Vagnozzi
Clack Hood Meltzer Valentine
Clemente Hopgood Miller Walker
Condino Horn Moore Warren
Constan Huizenga Moss Wenke
Corriveau Jackson Nitz Wojno
Coulouris Johnson Opsommer Young
Cushingberry Jones, Rick Pearce
Nays--17
Agema Hune Palmer Sheen
Brandenburg Meekhof Palsrok Stahl
Elsenheimer Moolenaar Pastor Stakoe
Garfield Nofs Pavlov Ward
Hoogendyk
In The Chair: Sak
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 5539, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," (MCL 125.2651 to 125.2672) by adding section 15a.
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. Bieda, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 5540, entitled
A bill to amend 1986 PA 281, entitled "The local development financing act," (MCL 125.2151 to 125.2174) by adding section 11b.
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. Bieda, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 5541, entitled
A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," (MCL 125.1801 to 125.1830) by adding section 12b.
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. Bieda, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 5542, entitled
A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," (MCL 125.1651 to 125.1681) by adding section 13c.
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. Bieda, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 928, entitled
A bill to amend 1979 PA 72, entitled "An act to require the governor to report certain tax information with the annual budget message to the legislature," by amending section 3 (MCL 21.273), as amended by 2003 PA 38.
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. Bieda, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 929, entitled
A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 20 (MCL 110.20).
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. Bieda, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 930, entitled
A bill to amend 1991 PA 180, entitled "An act to assist in the financing of stadia or convention facilities; to permit eligible municipalities to impose and collect an excise tax on businesses engaged in the preparation and delivery of food and beverages for immediate consumption, in leasing or renting motor vehicles in the eligible municipality, and in providing accommodations for dwelling, lodging, or sleeping purposes; to limit the rate of that excise tax; to authorize voter approval in a single ballot question of the excise tax authorized by this act and of certain purposes for which the excise tax is imposed; to provide for the establishment of procedures for the collection, administration, and enforcement of the excise tax; to prescribe the powers and duties of certain state departments and state and local officials; to provide for the disposition and transmittal of the revenues from the tax for stadia or convention facility development and other purposes and authorize the pledge of those revenues; to authorize the appointment of employees and officials of a local governmental unit to an authority to which revenues from the tax may be pledged; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts," by amending section 1 (MCL 207.751).
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. Bieda, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 931, entitled
A bill to amend 2003 PA 296, entitled "Michigan early stage venture investment act of 2003," by amending sections 17, 19, and 23 (MCL 125.2247, 125.2249, and 125.2253), as amended by 2005 PA 102.
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. Bieda, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 932, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8716, 14501, 36109, and 73301 (MCL 324.8716, 324.14501, 324.36109, and 324.73301), section 8716 as amended by 2003 PA 163, section 14501 as amended by 2006 PA 254, section 36109 as amended by 2002 PA 75, and section 73301 as added by 1995 PA 58.
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. Bieda, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 933, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 11 (MCL 207.561), as amended by 2004 PA 323.
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. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 934, entitled
A bill to amend 1990 PA 100, entitled "City utility users tax act," by amending section 5 (MCL 141.1155), as amended by 2004 PA 322.
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. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 935, entitled
A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending section 2a (MCL 21.142a), as amended by 2002 PA 16.
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. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 936, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 2 (MCL 125.2652), as amended by 2006 PA 32.
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. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 937, entitled
A bill to amend 1980 PA 56, entitled "Neighborhood assistance and participation act," by amending section 3 (MCL 125.803), as amended by 1983 PA 104.
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. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 938, entitled
A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending section 1 (MCL 141.931), as amended by 1987 PA 282.
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. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 939, entitled
A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 2 (MCL 445.1652), as amended by 2005 PA 113.
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. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 940, entitled
A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 10o (MCL 460.10o), as added by 2000 PA 142.
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. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 941, entitled
A bill to amend 1945 PA 47, entitled "An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities; and to prescribe penalties and provide remedies," by amending section 4 (MCL 331.4).
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. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 942, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending sections 911 and 1062 (MCL 450.1911 and 450.2062), section 911 as amended by 1996 PA 197 and section 1062 as amended by 2005 PA 212.
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. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Resolution No. 235.
A resolution to memorialize the Congress of the United States to enact the Temporary Tax Relief Act of 2007 to deal with the Alternative Minimum Tax.
(For text of resolution, see House Journal No. 126, p. 2314.)
With the recommendation that the following substitute (H-2) be adopted and that the resolution then be adopted.
Substitute for House Resolution No. 235.
A resolution to memorialize the Congress of the United States to enact the Temporary Tax Relief Act of 2007 to deal with the Alternative Minimum Tax.
Whereas, The federal Alternative Minimum Tax was designed to help assure that wealthy taxpayers who took advantage of a number of tax credits and exemptions to escape paying taxes paid at least a minimum of their fair share of income taxes. Over the course of time, however, the target of the Alternative Minimum Tax has been misdirected away from those sheltering their income to the middle class taxpayer. This is largely due to the fact that the tax was never indexed for inflation; and
Whereas, Indeed, the Alternative Minimum Tax (AMT) was created in 1969 to help assure that a very small group of wealthy taxpayers could not take unfair advantage of the federal tax code. It was designed to kick in if excess credits and deductions resulted in these few taxpayers not paying their fair share of taxes. When the AMT was created, however, it was not indexed to the cost of living in any way. This has produced grossly distorted results over the course of the nearly four decades since it was adopted; and
Whereas, An estimated 19.9 million more wage earners could be subject to the Alternative Minimum Tax this year alone if action is not taken immediately. In addition, if tax reform is not adopted, the average taxpayer with children would see their taxes raised by $500 per child, a family of four making $60,000 would face an average tax increase of $1,800 a year, approximately 26 million business owners would see an average tax increase of more than $4,000 per year, and 5 million low-income taxpayers who currently pay no taxes would now be forced to pay taxes; and
Whereas, Moreover, for this tax year, taxpayers may be subject to the Alternative Minimum Tax if their regular taxable income exceeds $62,550 unless the current income thresholds in the Internal Revenue Code are changed. Indeed, the "tax preference items" that trigger the Alternative Minimum Tax are far from tax shelters for the well-heeled. They include the personal exemption, the itemized deductions for property tax and state and local taxes, as well as the deduction for extraordinary medical expenses. Clearly, the Alternative Minimum Tax has more than earned its reputation as being nothing more than a stealth tax on the middle class; and
Whereas, Our tax code is founded on principles of horizontal and vertical equity, ease of compliance, and, above all, fairness. The Alternative Minimum Tax violates each and every one of these long-standing tenets of sound tax policy. The middle class now bears most of the burden of the AMT, and year after year the tax traps more and more innocent taxpayers. It is estimated that, by the year 2010, every family making more than $75,000 will be punished with the AMT's extra tax penalty; and
Whereas, Legislation currently before Congress would bring much-needed relief to the many middle class taxpayers ensnared by the Alternative Minimum Tax. The Temporary Tax Relief Act of 2007 (H.R. 3996), is designed to help stem the inflationary tide of the Alternative Minimum Tax. This measure should be enacted before countless more taxpayers are caught in the grasp of the Alternative Minimum Tax; now, therefore, be it
Resolved by the House of Representatives, That we hereby memorialize the Congress of the United States to enact the Temporary Tax Relief Act of 2007 to deal with the Alternative Minimum Tax; 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 and substitute were laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Bieda, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young and Calley
Nays: Reps. Meltzer, Sheen, Steil, Pastor and Wenke
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bieda, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, December 12, 2007
Present: Reps. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Absent: Reps. Farrah and Palmer
Excused: Reps. Farrah and Palmer
Second Reading of Bills
Senate Bill No. 928, entitled
A bill to amend 1979 PA 72, entitled "An act to require the governor to report certain tax information with the annual budget message to the legislature," by amending section 3 (MCL 21.273), as amended by 2003 PA 38.
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.
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. 928, entitled
A bill to amend 1979 PA 72, entitled "An act to require the governor to report certain tax information with the annual budget message to the legislature," by amending section 3 (MCL 21.273), as amended by 2003 PA 38.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 602 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
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.
Second Reading of Bills
Senate Bill No. 929, entitled
A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 20 (MCL 110.20).
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.
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. 929, entitled
A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 20 (MCL 110.20).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 603 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Nays--0
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 provide for the incorporation of cities of the fourth class; to provide for the vacation of the incorporation thereof; to define the powers and duties of such cities and the powers and duties of the municipal finance commission or its successor agency and of the department of treasury with regard thereto; to provide for the levy and collection of taxes, borrowing of money, and issuance of bonds and other evidences of indebtedness by cities; to define the application of this act and provide for its amendment by cities subject thereto; to validate such prior amendments and certain prior actions taken and bonds issued by such cities; and to prescribe penalties and provide remedies,"
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. 930, entitled
A bill to amend 1991 PA 180, entitled "An act to assist in the financing of stadia or convention facilities; to permit eligible municipalities to impose and collect an excise tax on businesses engaged in the preparation and delivery of food and beverages for immediate consumption, in leasing or renting motor vehicles in the eligible municipality, and in providing accommodations for dwelling, lodging, or sleeping purposes; to limit the rate of that excise tax; to authorize voter approval in a single ballot question of the excise tax authorized by this act and of certain purposes for which the excise tax is imposed; to provide for the establishment of procedures for the collection, administration, and enforcement of the excise tax; to prescribe the powers and duties of certain state departments and state and local officials; to provide for the disposition and transmittal of the revenues from the tax for stadia or convention facility development and other purposes and authorize the pledge of those revenues; to authorize the appointment of employees and officials of a local governmental unit to an authority to which revenues from the tax may be pledged; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts," by amending section 1 (MCL 207.751).
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.
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. 930, entitled
A bill to amend 1991 PA 180, entitled "An act to assist in the financing of stadia or convention facilities; to permit eligible municipalities to impose and collect an excise tax on businesses engaged in the preparation and delivery of food and beverages for immediate consumption, in leasing or renting motor vehicles in the eligible municipality, and in providing accommodations for dwelling, lodging, or sleeping purposes; to limit the rate of that excise tax; to authorize voter approval in a single ballot question of the excise tax authorized by this act and of certain purposes for which the excise tax is imposed; to provide for the establishment of procedures for the collection, administration, and enforcement of the excise tax; to prescribe the powers and duties of certain state departments and state and local officials; to provide for the disposition and transmittal of the revenues from the tax for stadia or convention facility development and other purposes and authorize the pledge of those revenues; to authorize the appointment of employees and officials of a local governmental unit to an authority to which revenues from the tax may be pledged; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts," by amending section 1 (MCL 207.751).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 604 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
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.
Second Reading of Bills
Senate Bill No. 931, entitled
A bill to amend 2003 PA 296, entitled "Michigan early stage venture investment act of 2003," by amending sections 17, 19, and 23 (MCL 125.2247, 125.2249, and 125.2253), as amended by 2005 PA 102.
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.
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. 931, entitled
A bill to amend 2003 PA 296, entitled "Michigan early stage venture investment act of 2003," by amending sections 17, 19, and 23 (MCL 125.2247, 125.2249, and 125.2253), as amended by 2005 PA 102.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 605 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Nays--0
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 promote investment in certain businesses; to promote economic development in this state; to provide for a Michigan early stage venture investment corporation; to prescribe the powers and duties of a Michigan early stage venture investment corporation; to prescribe the powers and duties of certain public officers and departments; to establish the Michigan early stage venture investment fund and other funds; to provide for tax credits and incentives; to authorize certain investments; to provide for the expiration of the fund; to provide or allow for appropriations; and to provide penalties and remedies,"
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. 932, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8716, 14501, 36109, and 73301 (MCL 324.8716, 324.14501, 324.36109, and 324.73301), section 8716 as amended by 2003 PA 163, section 14501 as amended by 2006 PA 254, section 36109 as amended by 2002 PA 75, and section 73301 as added by 1995 PA 58.
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.
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. 932, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8716, 14501, 36109, and 73301 (MCL 324.8716, 324.14501, 324.36109, and 324.73301), section 8716 as amended by 2003 PA 163, section 14501 as amended by 2006 PA 254, section 36109 as amended by 2002 PA 75, and section 73301 as added by 1995 PA 58.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 606 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Nays--0
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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal 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. 933, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 11 (MCL 207.561), as amended by 2004 PA 323.
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.
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. 933, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 11 (MCL 207.561), as amended by 2004 PA 323.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 607 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
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.
Second Reading of Bills
Senate Bill No. 934, entitled
A bill to amend 1990 PA 100, entitled "City utility users tax act," by amending section 5 (MCL 141.1155), as amended by 2004 PA 322.
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.
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. 934, entitled
A bill to amend 1990 PA 100, entitled "City utility users tax act," by amending section 5 (MCL 141.1155), as amended by 2004 PA 322.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 608 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Nays--0
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 permit the imposition, revival, and continued collection by cities of a population of 750,000 or more of a utility users tax; to provide the procedure for, and to require the adoption of a prescribed uniform city utility users tax ordinance by cities desiring to impose and collect such a tax; to limit the rate of such tax; to prescribe the powers and duties of the state commissioner of revenue; and to provide for appeals,"
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. 935, entitled
A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending section 2a (MCL 21.142a), as amended by 2002 PA 16.
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.
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. 935, entitled
A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending section 2a (MCL 21.142a), as amended by 2002 PA 16.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 609 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
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.
Second Reading of Bills
Senate Bill No. 936, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 2 (MCL 125.2652), as amended by 2006 PA 32.
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.
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. 936, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 2 (MCL 125.2652), as amended by 2006 PA 32.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 610 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Nays--0
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 authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, tax reverted, blighted, or functionally obsolete property; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing,"
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. 937, entitled
A bill to amend 1980 PA 56, entitled "Neighborhood assistance and participation act," by amending section 3 (MCL 125.803), as amended by 1983 PA 104.
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.
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. 937, entitled
A bill to amend 1980 PA 56, entitled "Neighborhood assistance and participation act," by amending section 3 (MCL 125.803), as amended by 1983 PA 104.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 611 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Nays--0
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 create a neighborhood assistance program; to prescribe the powers and duties of the department of labor; to create a fund; to permit certain rebates to business firms participating in neighborhood projects; and to require certain reports,"
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. 938, entitled
A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending section 1 (MCL 141.931), as amended by 1987 PA 282.
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.
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. 938, entitled
A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending section 1 (MCL 141.931), as amended by 1987 PA 282.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 612 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Nays--0
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 provide emergency financial assistance for certain municipalities; to create a local emergency financial assistance loan board and to prescribe the powers and duties of this board; to prescribe conditions for granting and receiving loans, to prescribe terms and conditions for the repayment of loans, and to allow the limiting of repayment by a county from specified revenue sources; to impose certain requirements and duties on certain state departments, municipalities of this state, and officials of the state and municipalities of this state; and to prescribe remedies and penalties,"
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. 939, entitled
A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 2 (MCL 445.1652), as amended by 2005 PA 113.
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.
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. 939, entitled
A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 2 (MCL 445.1652), as amended by 2005 PA 113.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 613 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Nays--0
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 define and regulate mortgage brokers, mortgage lenders, and mortgage servicers; to prescribe the powers and duties of the financial institutions bureau and certain public officers and agencies; to provide for the promulgation of rules; and to provide remedies and penalties,"
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. 940, entitled
A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 10o (MCL 460.10o), as added by 2000 PA 142.
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.
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. 940, entitled
A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 10o (MCL 460.10o), as added by 2000 PA 142.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 614 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
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.
Second Reading of Bills
Senate Bill No. 941, entitled
A bill to amend 1945 PA 47, entitled "An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities; and to prescribe penalties and provide remedies," by amending section 4 (MCL 331.4).
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.
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. 941, entitled
A bill to amend 1945 PA 47, entitled "An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities; and to prescribe penalties and provide remedies," by amending section 4 (MCL 331.4).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 615 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
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.
Second Reading of Bills
Senate Bill No. 942, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending sections 911 and 1062 (MCL 450.1911 and 450.2062), section 911 as amended by 1996 PA 197 and section 1062 as amended by 2005 PA 212.
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.
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. 942, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending sections 911 and 1062 (MCL 450.1911 and 450.2062), section 911 as amended by 1996 PA 197 and section 1062 as amended by 2005 PA 212.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 616 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Nays--0
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 provide for the organization and regulation of corporations; to prescribe their duties, rights, powers, immunities and liabilities; to provide for the authorization of foreign corporations within this state; to prescribe the functions of the administrator of this act; to prescribe penalties for violations of this act; 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. 410, entitled
A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending the title and sections101, 102, 201, 202, 203, 205, 301, 302, 303, 307, 308, 312, 319, 320, and 401 (MCL 484.1101, 484.1102, 484.1201, 484.1202, 484.1203, 484.1205, 484.1301, 484.1302, 484.1303, 484.1307, 484.1308, 484.1312, 484.1319, 484.1320, and 484.1401), the title as amended by 1994 PA 36, sections 102 and 303 as amended by 1999 PA 80, section201 as amended by 1999 PA 78, section 205 as amended by 1998 PA 23, sections 301 and 401 as amended by 2006 PA 249, section 308 as amended by 1994 PA 29, section 319 as added by 1989 PA 36, and section 320 as amended by 1998 PA 122, and by adding sections 401a, 401b, 401c, 401d, and 401e.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Appropriations,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
Rep. Espinoza moved to substitute (H-9) the bill.
The motion prevailed and the substitute (H-9) 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.
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. 410, entitled
A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending the title and sections101, 102, 201, 202, 203, 205, 301, 302, 303, 307, 308, 312, 319, 320, and 401 (MCL 484.1101, 484.1102, 484.1201, 484.1202, 484.1203, 484.1205, 484.1301, 484.1302, 484.1303, 484.1307, 484.1308, 484.1312, 484.1319, 484.1320, and 484.1401), the title as amended by 1994 PA 36, sections 102 and 303 as amended by 1999 PA 80, section201 as amended by 1999 PA 78, section 205 as amended by 1998 PA 23, sections 301 and 401 as amended by 2006 PA 249, section 308 as amended by 1994 PA 29, section 319 as added by 1989 PA 36, and section 320 as amended by 1998 PA 122, and by adding sections 401a, 401b, 401c, 401d, and 401e.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 617 Yeas--95
Accavitti Donigan Law, David Polidori
Acciavatti Ebli Law, Kathleen Proos
Amos Elsenheimer LeBlanc Robertson
Angerer Emmons Leland Schuitmaker
Ball Espinoza Lemmons Scott
Bauer Farrah Lindberg Shaffer
Bennett Gaffney Marleau Sheen
Booher Gillard Mayes Sheltrown
Brown Gonzales McDowell Simpson
Byrnes Hammel Meadows Smith, Alma
Calley Hammon Meekhof Smith, Virgil
Casperson Hansen Meisner Spade
Caswell Hildenbrand Melton Stahl
Caul Hood Miller Stakoe
Cheeks Hopgood Moolenaar Steil
Clack Horn Moore Tobocman
Clemente Huizenga Moss Vagnozzi
Condino Jackson Nitz Valentine
Constan Johnson Nofs Walker
Corriveau Jones, Rick Opsommer Warren
Coulouris Jones, Robert Palsrok Wenke
Cushingberry Knollenberg Pastor Wojno
Dean Lahti Pavlov Young
Dillon LaJoy Pearce
Nays--13
Agema Garfield Hune Rocca
Bieda Green Meltzer Sak
Brandenburg Hoogendyk Palmer Ward
DeRoche
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Tobocman moved to amend the title to read as follows:
A bill to amend 1986 PA 32, entitled "An act to provide for the establishment of emergency telephone districts; to provide for the installation, operation, modification, and maintenance of universal emergency number service systems; to provide for the imposition and collection of certain charges; to provide the powers and duties of certain state agencies, local units of government, public officers, telephone service suppliers, and others; to create an emergency telephone service committee; to provide remedies; to provide penalties; and to repeal certain parts of this act on specific dates," by amending the title and sections 101, 102, 201, 202, 203, 205, 301, 302, 303, 307, 308, 312, 319, 320, and 401 (MCL 484.1101, 484.1102, 484.1201, 484.1202, 484.1203, 484.1205, 484.1301, 484.1302, 484.1303, 484.1307, 484.1308, 484.1312, 484.1319, 484.1320, and 484.1401), the title and section 308 as amended by 1994 PA 29, sections102 and 303 as amended by 1999 PA 80, section 201 as amended by 1999 PA 78, section 205 as amended by 1998 PA 23, sections 301 and 401 as amended by 2006 PA 249, section 319 as added by 1989 PA 36, and section 320 as amended by 1998 PA 122, and by adding sections 401a, 401b, 401c, 401d, and 401e.
The motion prevailed.
The House agreed to the title as amended.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Meltzer, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
The proposed fee increase in SB 410 and SB 411 is nothing short of a tax hike. If this bill passes, everyone who uses a cell phone will get hit with higher monthly bills.
Money for public safety programs should properly come from the General Fund - not from a new telephone tax. This is another example of lawmakers trying to fix Michigan's budget problems through quick fixes and patchwork solutions.
Moreover, after a year, localities could raise fees without a cap or any oversight.
Funding the 9-1-1 emergency system is absolutely a priority, but creating a new telephone tax is not the answer. For these reasons, I cannot support this bill at this time."
Second Reading of Bills
Senate Bill No. 411, entitled
A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 402, 403, 404, 405, 406, 407, 408, 412, 413, 502, 504, 601, 602, 605, 712, 714, 716, and 717 (MCL 484.1402, 484.1403, 484.1404, 484.1405, 484.1406, 484.1407, 484.1408, 484.1412, 484.1413, 484.1502, 484.1504, 484.1601, 484.1602, 484.1605, 484.1712, 484.1714, 484.1716, and 484.1717), sections 403, 404, 405, and 406 as amended by 1999 PA 81, sections 407 and 412 as added by 1999 PA 78, section 408 as amended by 2006 PA 74, section 413 as added and section717 as amended by 2006 PA 249, section 601 as amended and section 605 as added by 1999 PA 80, section 602 as amended by 2004 PA 515, and sections 712, 714, and 716 as added by 1999 PA 79; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Appropriations,
The substitute (H-4) was not adopted, a majority of the members serving not voting therefor.
Rep. Espinoza moved to substitute (H-7) the bill.
The motion prevailed and the substitute (H-7) was adopted, a majority of the members serving voting therefor.
Rep. Cushingberry moved to amend the bill as follows:
1. Amend page 22, line 4, after "effective" by striking out the balance of the sentence and inserting "FEBRUARY 28, 2009.".
The motion prevailed and the amendment 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.
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. 411, entitled
A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 402, 403, 404, 405, 406, 407, 408, 412, 413, 502, 504, 601, 602, 605, 712, 714, 716, and 717 (MCL 484.1402, 484.1403, 484.1404, 484.1405, 484.1406, 484.1407, 484.1408, 484.1412, 484.1413, 484.1502, 484.1504, 484.1601, 484.1602, 484.1605, 484.1712, 484.1714, 484.1716, and 484.1717), sections 403, 404, 405, and 406 as amended by 1999 PA 81, sections 407 and 412 as added by 1999 PA 78, section 408 as amended by 2006 PA 74, section 413 as added and section717 as amended by 2006 PA 249, section 601 as amended and section 605 as added by 1999 PA 80, section 602 as amended by 2004 PA 515, and sections 712, 714, and 716 as added by 1999 PA 79; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 618 Yeas--93
Accavitti Dillon LaJoy Pearce
Acciavatti Donigan Law, David Polidori
Amos Ebli Law, Kathleen Proos
Angerer Elsenheimer LeBlanc Robertson
Ball Emmons Leland Schuitmaker
Bauer Espinoza Lemmons Scott
Bennett Farrah Lindberg Shaffer
Bieda Gaffney Marleau Sheltrown
Booher Gillard Mayes Simpson
Brown Gonzales McDowell Smith, Alma
Byrnes Hammel Meadows Smith, Virgil
Calley Hammon Meekhof Spade
Casperson Hansen Meisner Stahl
Caswell Hildenbrand Melton Stakoe
Caul Hood Miller Steil
Cheeks Hopgood Moolenaar Tobocman
Clack Horn Moore Vagnozzi
Clemente Huizenga Moss Valentine
Condino Jackson Nitz Walker
Constan Johnson Nofs Warren
Corriveau Jones, Robert Opsommer Wenke
Coulouris Knollenberg Palsrok Wojno
Cushingberry Lahti Pavlov Young
Dean
Nays--15
Agema Green Meltzer Sak
Brandenburg Hoogendyk Palmer Sheen
DeRoche Hune Pastor Ward
Garfield Jones, Rick Rocca
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 provide for the establishment of emergency telephone districts; to provide for the installation, operation, modification, and maintenance of universal emergency number service systems; to provide for the imposition and collection of certain charges; to provide the powers and duties of certain state agencies, local units of government, public officers, telephone service suppliers, and others; to create an emergency telephone service committee; to provide remedies; to provide penalties; and to repeal certain parts of this act on specific dates,"
The House agreed to the full title.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I supported the SB410, which was not a tax increase, but I do not support the SB411l as amended which extended the sunset only one year, instead of 2011. This a move which offers another opportunity to raise fees next year, which I do not support."
Rep. Meltzer, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
The proposed fee increase in SB 410 and SB 411 is nothing short of a tax hike. If this bill passes, everyone who uses a cell phone will get hit with higher monthly bills.
Money for public safety programs should properly come from the General Fund - not from a new telephone tax. This is another example of lawmakers trying to fix Michigan's budget problems through quick fixes and patchwork solutions.
Moreover, after a year, localities could raise fees without a cap or any oversight.
Funding the 9-1-1 emergency system is absolutely a priority, but creating a new telephone tax is not the answer. For these reasons, I cannot support this bill at this time."
House Bill No. 4401, entitled
A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 405 (MCL 418.405), as amended by 1980 PA 457.
(The bill was read a third time, amendment offered and postponed temporarily, amendment offered and bill postponed for the day on December 11, see House Journal No. 131, p. 2463.)
The question being on the seconding of the motion made previously by Rep. Pavlov,
The motion was not seconded.
The question being on the passage of the bill,
Rep. Knollenberg moved to amend the bill as follows:
1. Amend page 2, line 24, after "CONDITION." by inserting "FAMILY MEDICAL HISTORY MAY BE CONSIDERED.".
The motion was seconded.
The question being on the adoption of the amendment offered by Rep. Knollenberg,
Rep. Knollenberg withdrew the amendment.
The question being on the passage of the bill,
Rep. Wenke moved to amend the bill as follows:
1. Amend page 2, line 9, after "EMPLOYED" by striking out "60 MONTHS" and inserting "10 YEARS".
The motion was seconded.
The question being on the adoption of the amendment offered by Rep. Wenke,
Rep. Hildenbrand demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Wenke,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 619 Yeas--36
Acciavatti Emmons Marleau Proos
Agema Garfield Meekhof Robertson
Amos Green Moss Schuitmaker
Ball Hansen Nitz Shaffer
Booher Hildenbrand Opsommer Sheen
Calley Hoogendyk Palmer Stakoe
Caswell Huizenga Pastor Steil
DeRoche Knollenberg Pavlov Walker
Elsenheimer LaJoy Pearce Wenke
Nays--72
Accavitti Dean Jones, Robert Palsrok
Angerer Dillon Lahti Polidori
Bauer Donigan Law, David Rocca
Bennett Ebli Law, Kathleen Sak
Bieda Espinoza LeBlanc Scott
Brandenburg Farrah Leland Sheltrown
Brown Gaffney Lemmons Simpson
Byrnes Gillard Lindberg Smith, Alma
Casperson Gonzales Mayes Smith, Virgil
Caul Hammel McDowell Spade
Cheeks Hammon Meadows Stahl
Clack Hood Meisner Tobocman
Clemente Hopgood Melton Vagnozzi
Condino Horn Meltzer Valentine
Constan Hune Miller Ward
Corriveau Jackson Moolenaar Warren
Coulouris Johnson Moore Wojno
Cushingberry Jones, Rick Nofs Young
In The Chair: Sak
The question being on the passage of the bill,
Rep. Wenke moved to amend the bill as follows:
1. Amend page 3, line 1, after "MEMBER" by inserting "OR SPOUSE OF MEMBER".
The motion was seconded.
The question being on the adoption of the amendment offered by Rep. Wenke,
Rep. Wenke withdrew the amendment.
The question being on the passage of the bill,
Rep. Wenke moved to amend the bill as follows:
1. Amend page 2, line 10, after "TRACT" by striking out the comma and "BLADDER, SKIN, BRAIN, KIDNEY, BLOOD,".
2. Amend page 2, line 18, after "TRACT" by striking out the comma and "BLADDER, SKIN, BRAIN, KIDNEY, BLOOD,".
3. Amend page 2, line 25, after "TRACT" by striking out the comma and "BLADDER, SKIN, BRAIN, KIDNEY, BLOOD,".
The motion was seconded.
The question being on the adoption of the amendments offered by Rep. Wenke,
Rep. Wenke withdrew the amendments.
The question being on the passage of the bill,
Rep. Knollenberg moved to amend the bill as follows:
1. Amend page 3, line 1, after "SHOWN" by inserting "OF EITHER OF THE FOLLOWING:
(A)".
2. Amend page 3, following line 5, by inserting:
"(B) THAT THE MEMBER OF THE FULLY PAID FIRE DEPARTMENT OR PUBLIC FIRE AUTHORITY HAS A PARENT OR SIBLING WHO HAS OR HAS HAD THE SAME CANCER AS THE MEMBER.".
The motion was seconded.
The question being on the adoption of the amendments offered by Rep. Knollenberg,
Rep. Knollenberg withdrew the amendments.
The question being on the passage of the bill,
______
Rep. Casperson moved that Rep. Huizenga be excused temporarily from today's session.
The motion prevailed.
Rep. Wenke moved to amend the bill as follows:
1. Amend page 3, following line 26, by inserting:
"Enacting section 1. It is the intent of the legislature that any additional expenses incurred by local units of government because of the amendatory act that added section 405(5) to the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.405, shall be paid by this state pursuant to an appropriation.".
The motion was seconded.
The question being on the adoption of the amendment offered by Rep. Wenke,
Rep. Wenke demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Wenke,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 620 Yeas--52
Acciavatti Elsenheimer LeBlanc Pavlov
Agema Emmons Marleau Pearce
Amos Gaffney Meekhof Proos
Ball Garfield Meltzer Robertson
Bieda Green Moolenaar Rocca
Booher Hansen Moore Schuitmaker
Brandenburg Hildenbrand Moss Shaffer
Calley Hoogendyk Nitz Sheen
Casperson Horn Nofs Stahl
Caswell Jones, Rick Opsommer Stakoe
Caul Knollenberg Palmer Steil
Corriveau LaJoy Palsrok Walker
DeRoche Law, David Pastor Wenke
Nays--54
Accavitti Dillon Jones, Robert Scott
Angerer Donigan Lahti Sheltrown
Bauer Ebli Law, Kathleen Simpson
Bennett Espinoza Leland Smith, Alma
Brown Farrah Lemmons Smith, Virgil
Byrnes Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Hammel McDowell Vagnozzi
Clemente Hammon Meadows Valentine
Condino Hood Melton Ward
Constan Hopgood Miller Warren
Coulouris Hune Polidori Wojno
Cushingberry Jackson Sak Young
Dean Johnson
In The Chair: Sak
The question being on the passage of the bill,
The question being on the seconding of the motion made previously by Rep. Moss,
The motion was not seconded.
The question being on the passage of the bill,
Rep. Steil moved to amend the bill as follows:
1. Amend page 3, line 4, after the first "THE" by striking out "5" and inserting "10".
The motion was not seconded.
Rep. Angerer moved to reconsider the vote by which the House did not second the motion made by Rep. Steil.
The motion prevailed, a majority of the members present voting therefor.
The question being on the seconding of the motion made by Rep. Steil,
The motion was seconded.
The question being on the adoption of the amendment offered by Rep. Steil,
Rep. Hildenbrand demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Steil,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 621 Yeas--29
Acciavatti Elsenheimer Meekhof Pearce
Agema Emmons Moss Robertson
Amos Garfield Nitz Schuitmaker
Ball Green Opsommer Shaffer
Booher Hildenbrand Palmer Sheen
Calley Knollenberg Pastor Steil
Caswell Marleau Pavlov Wenke
DeRoche
Nays--76
Accavitti Dillon Lahti Proos
Angerer Donigan LaJoy Rocca
Bauer Ebli Law, David Sak
Bennett Espinoza Law, Kathleen Scott
Bieda Farrah LeBlanc Sheltrown
Brandenburg Gaffney Leland Simpson
Brown Gillard Lemmons Smith, Alma
Byrnes Gonzales Lindberg Smith, Virgil
Casperson Hammel Mayes Spade
Caul Hammon McDowell Stahl
Cheeks Hansen Meadows Stakoe
Clack Hood Melton Tobocman
Clemente Hopgood Meltzer Vagnozzi
Condino Horn Miller Valentine
Constan Hune Moolenaar Walker
Corriveau Jackson Moore Ward
Coulouris Johnson Nofs Warren
Cushingberry Jones, Rick Palsrok Wojno
Dean Jones, Robert Polidori Young
In The Chair: Sak
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 622 Yeas--81
Accavitti Dean Knollenberg Polidori
Acciavatti Dillon Lahti Proos
Amos Donigan LaJoy Rocca
Angerer Ebli Law, David Sak
Bauer Espinoza Law, Kathleen Schuitmaker
Bennett Farrah LeBlanc Shaffer
Bieda Gaffney Leland Sheltrown
Brandenburg Gillard Lemmons Simpson
Brown Gonzales Lindberg Smith, Alma
Byrnes Green Marleau Spade
Calley Hammel Mayes Stahl
Casperson Hansen McDowell Stakoe
Caswell Hood Meadows Steil
Caul Hopgood Meisner Tobocman
Clack Huizenga Melton Vagnozzi
Clemente Hune Miller Valentine
Condino Jackson Moore Ward
Constan Johnson Nofs Warren
Corriveau Jones, Rick Palsrok Wojno
Coulouris Jones, Robert Pavlov Young
Cushingberry
Nays--27
Agema Garfield Moolenaar Robertson
Ball Hammon Moss Scott
Booher Hildenbrand Nitz Sheen
Cheeks Hoogendyk Opsommer Smith, Virgil
DeRoche Horn Palmer Walker
Elsenheimer Meekhof Pastor Wenke
Emmons Meltzer Pearce
In The Chair: Sak
The House agreed to the title of the bill.
______
Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted against this legislation because it creates a rebuttable presumption not available in most other professions. While firefighters do have a very dangerous job, it should not be a given that contracting cancer is a result of their line of work and not the caused by a variety of other factors. This legislation places too great a burden on our townships, cities, villages and counties and opens up yet another avenue for attorney's to sue municipalities. Firefighters already have the ability to present their case and demonstrate that they did in fact obtain cancer while fulfilling their duties. Determinations on workers compensation benefits should continue to be made after viewing the facts of each individual situation.
Every job we choose has potentially negative effects over the years. People who work outside many times will develop arthritis, many secretaries get carpo-tunnel, most truck drivers eventually experience back problems, and on and on. Personal responsibility and a healthy or unhealthy life style also play a huge part in determining whether people develop debilitating diseases and afflictions. This legislation has good intentions, but its results are far reaching and it opens the Pandora's to box to start creating similar presumptions for other aliments in other occupations."
Rep. Nitz, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
HB 4401 automatically presumes that firefighters with cancer were exposed to hazardous materials while on the job, and therefore should receive workers compensation. However, this bill does not take other factors into account, such as family history of cancer or smoking habits. Until this legislation is fixed, I cannot support this bill."
Rep. Emmons, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
HB 4401 automatically presumes that firefighters with cancer were exposed to hazardous materials while on the job, and therefore should receive workers compensation. However, this bill does not take other factors into account, such as family history of cancer or smoking habits. Until this legislation is fixed, I cannot support this bill. It also fails to address the risks to which volunteer firefighters are exposed. They receive far less compensation yet face comparable risks."
Rep. Hoogendyk, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted against this legislation because it creates a rebuttable presumption not available in most other professions. While firefighters do have a very dangerous job, it should not be a given that contracting cancer is a result of their line of work and not caused by a variety of other factors. This legislation places too great a burden on our townships, cities, villages and counties and opens up yet another avenue for attorney's to sue municipalities. Firefighters already have the ability to present their case and demonstrate that they did in fact obtain cancer while fulfilling their duties.
Determinations on workers compensation benefits should continue to be made after viewing the facts of each individual situation.
Every job we choose has potentially negative effects over the years. People who work outside often develop arthritis, many secretaries get carpal-tunnel syndrome, truck drivers often experience back problems, and so on. Personal responsibility and a healthy or unhealthy lifestyle also play a part in determining whether people develop debilitating diseases and afflictions. This legislation has good intentions, but its results are far-reaching. It likely will lead to similar presumptions for other aliments in other occupations."
Rep. Hammon, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
Although I agree in concept with H/B 4401 because the bill only pertains to full time fire fighters and bring no relief to part time, on call fire fighters I cannot support this bill. In Michigan over 87% of all fire fighters are considered on call, or part time, with only 13% considered full time. Thus in my mind this bill becomes a special interest, and particularly geared toward large cities that can afford a full time fire department."
Rep. Booher, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
The unknown long term cost, jeopardizing availability of Workers Comp. for firefighters, attempts to solve a problem that doesn't exist, I believe it will be an administrative nightmare."
Rep. Robertson, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
HB 4401 automatically presumes that firefighters with cancer were exposed to hazardous materials while on the job, and therefore should receive workers compensation. However, this bill does not take other factors into account, such as family history of cancer or smoking habits. Until this legislation is fixed, I cannot support this bill. Let me make my position quite clear, I believe firefighters should receive proper compensation for any injury clearly attributable to their work. The language of this bill however is written entirely to loosely. I believe it will lead to unwarranted claims on taxpayer dollars and deprive our workers compensation system of vitally needed dollars to satisfy legitimate claims. Doing so would potentially harm the very workers the bill is intended to help."
Rep. Elsenheimer, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
HB 4401 automatically presumes that firefighters with cancer were exposed to hazardous materials while on the job, and therefore should receive workers compensation. However, this bill does not take other factors into account, such as family history of cancer or smoking habits. Until this legislation is fixed, I cannot support this bill. It is my hope that the legislation will be fixed by the Senate."
Rep. Agema, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
HB 4401 automatically presumes that firefighters with cancer were exposed to hazardous materials while on the job, and therefore should receive workers compensation. However, this bill does not take other factors into account, such as family history of cancer or smoking habits. Until this legislation is fixed, I cannot support this bill. I also have gotten skin cancer from flying at high altitude but there is no way to determine whether I got it from earlier exposure in my life. This opens up pandoras box."
Rep. Meltzer, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
HB 4401 automatically presumes that firefighters with cancer were exposed to hazardous materials while on the job, and therefore should receive workers compensation. However, this bill does not take other factors into account, such as family history of cancer or smoking habits. This bill would also increase costs to municipalities at a time when they can least afford it. Existing benefits for firefighters that contract cancer is already covered under workman's compensation. The implementation of this bill as written would put every firefighter in a contested position, possibly forcing the firefighter with cancer to wait for their benefit to be approved. This would be a terrible position to put our men and women in that willingly put their lives on the line for you and me. We can do better. Until this legislation is fixed, Icannot support this bill."
Rep. Angerer moved that the bill be given immediate effect.
The question being on the motion made by Rep. Angerer,
Rep. Hildenbrand demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Angerer,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 623 Yeas--80
Accavitti Cushingberry Jones, Robert Polidori
Acciavatti Dean Knollenberg Proos
Amos Dillon Lahti Rocca
Angerer Donigan LaJoy Sak
Bauer Ebli Law, David Schuitmaker
Bennett Espinoza Law, Kathleen Shaffer
Bieda Farrah LeBlanc Sheltrown
Brandenburg Gaffney Leland Simpson
Brown Gillard Lemmons Smith, Alma
Byrnes Gonzales Lindberg Spade
Calley Green Marleau Stahl
Casperson Hammel Mayes Stakoe
Caswell Hansen McDowell Steil
Caul Hood Meadows Tobocman
Clack Hopgood Melton Vagnozzi
Clemente Horn Miller Valentine
Condino Hune Moore Ward
Constan Jackson Nofs Warren
Corriveau Johnson Palsrok Wojno
Coulouris Jones, Rick Pavlov Young
Nays--26
Agema Garfield Moss Robertson
Ball Hammon Nitz Scott
Booher Hildenbrand Opsommer Sheen
Cheeks Hoogendyk Palmer Smith, Virgil
DeRoche Meekhof Pastor Walker
Elsenheimer Meltzer Pearce Wenke
Emmons Moolenaar
In The Chair: Sak
Reps. Amos, Bauer, Bieda, Brandenburg, Brown, Casperson, Caul, Clack, Clemente, Condino, Corriveau, Coulouris, Donigan, Ebli, Espinoza, Gillard, Gonzales, Hammel, Hopgood, Robert Jones, David Law, Lemmons, Mayes, Melton, Moore, Nofs, Rocca, Schuitmaker, Scott, Sheltrown, Spade, Stakoe, Valentine, Ward, Wojno and Young were named co-sponsors of the bill.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved that the Committee on Health Policy be discharged from further consideration of Senate Bill No. 174.
(For first notice see House Journal No. 131, p. 2465.)
The question being on the motion made by Rep. Angerer,
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. 174, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 54C.
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.
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. 174, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 54C.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 624 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema 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 Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Nays--0
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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,"
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Tobocman moved to suspend that portion of Rule 41 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.
Reps. Opsommer, Ball, Bennett, Garfield, Hansen, Rick Jones, Scott, Shaffer and Stahl offered the following resolution:
House Resolution No. 241.
A resolution to memorialize the United States Congress to exercise its oversight responsibilities with regard to the Security and Prosperity Partnership of North America and any other agreements, compacts, or associations between itself, Canada, and Mexico that may compromise the sovereignty of the United States.
Whereas, The Security and Prosperity Partnership of North America (SPP) is a trilateral effort between the United States, Canada, and Mexico that looks to build upon NAFTA and provide greater cooperation and information sharing between the governments. The stated objectives of the SPP are to enhance prosperity and security through efforts such as reducing the costs of trade and improving productivity and public health; and
Whereas, SPP meetings involving the three nations have taken place with little information being given to the public on the manner in which the SPP seeks to build upon NAFTA. Congress has not specifically authorized the SPP, and critics argue that agreements, compacts, and associations are being created and implemented by agencies and departments without congressional oversight. One of the more controversial objectives of the SPP involves the construction of an international highway through Texas and other parts of the United States that would affect how our borders operate and our driver's license information would be shared. Currently, federal legislation (House Concurrent Resolution No. 487) has been introduced that opposes the construction of a NAFTA Superhighway and opposes the expansion of NAFTA in manner that threatens the sovereignty of the United States; and
Whereas, We urge the United States Congress to review the outcomes of NAFTA before formally seeking to expand it or before allowing departmental agreements, compacts, or associations to independently expand it by rule promulgation or executive fiat. We urge Congress to investigate and oversee the policy objectives of the SPP in order to clarify its goals and to make sure they are in the best interests of the citizens of the United States; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the United States Congress to exercise its oversight responsibilities with regard to the Security and Prosperity Partnership of North America and any other agreements, compacts, or associations between itself, Canada, and Mexico that may compromise the sovereignty of the United States; 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 Government Operations.
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 Wednesday, December 12:
House Bill Nos. 5550 5551 5552 5553
Senate Bill Nos. 983 984 985 986 987 988 989 990 991 992 993 994 995 996
999
The Clerk announced that the following Senate bills had been received on Wednesday, December 12:
Senate Bill Nos. 294 346 485
Reports of Standing Committees
The Committee on Families and Children's Services, by Rep. Clack, Chair, reported
House Bill No. 5261, entitled
A bill to amend 1978 PA 390, entitled "An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts," by amending section 3 (MCL 408.473).
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. Clack, Dean, Accavitti, Hammon, Wojno and Sheen
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Clack, Chair, of the Committee on Families and Children's Services, was received and read:
Meeting held on: Wednesday, December 12, 2007
Present: Reps. Clack, Dean, Accavitti, Hammon, Wojno, Sheen, Stahl and Hoogendyk
Absent: Rep. Palmer
Excused: Rep. Palmer
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
Senate Bill No. 925, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 395 (MCL 18.1395), as amended by 2007 PA 2.
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. Cushingberry, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Amos, Booher, Caul, Hansen, Proos, Moss, Nofs and Walker
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, December 12, 2007
Present: Reps. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Amos, Booher, Caul, Hansen, Proos, Moss, Nofs and Walker
Absent: Rep. Brandenburg
Excused: Rep. Brandenburg
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
House Bill No. 5553, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections11502, 11503, 11505, 11506, and 11514 (MCL 324.11502, 324.11503, 324.11505, 324.11506, and 324.11514), section 11502 as amended by 2004 PA 35, sections 11503 and 11506 as amended by 1998 PA 466, and section 11514 as amended by 2005 PA 243.
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. Warren, Donigan, Ebli, Tobocman, Leland, Meadows, Miller and Valentine
Nays: Reps. Robertson, Emmons, Moolenaar and Agema
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
Senate Bill No. 513, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections11503, 11505, 11506, and 11514 (MCL 324.11503, 324.11505, 324.11506, and 324.11514), sections 11503 and 11506 as amended by 1998 PA 466 and section 11514 as amended by 2005 PA 243, and by adding section 11521.
With the recommendation that the substitute (H-4) 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. Warren, Donigan, Ebli, Tobocman, Leland, Meadows, Miller and Valentine
Nays: Reps. Robertson, Emmons, Moolenaar and Agema
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
House Resolution No. 239.
A resolution to memorialize the Congress of the United States to reauthorize the Beaches Environmental Assessment and Coastal Health Act and to increase and distribute more equitably funding for beach water quality monitoring to Michigan and other states.
(For text of resolution, see House Journal No. 131, p. 2464.)
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. Warren, Donigan, Ebli, Tobocman, Kathleen Law, Meadows, Miller, Valentine, Robertson, Emmons, Moolenaar, Meekhof and Agema
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:
Meeting held on: Wednesday, December 12, 2007
Present: Reps. Warren, Donigan, Ebli, Tobocman, Kathleen Law, Leland, Meadows, Miller, Valentine, Robertson, Emmons, Moolenaar, Meekhof and Agema
Absent: Rep. Palmer
Excused: Rep. Palmer
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Accavitti, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Wednesday, December 12, 2007
Present: Reps. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lindberg, Melton, Miller, Nofs, Palsrok, Garfield, Huizenga, Moolenaar, Horn and Opsommer
Absent: Rep. Lemmons
Excused: Rep. Lemmons
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Condino, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, December 12, 2007
Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca
Messages from the Senate
House Bill No. 5193, entitled
A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending sections 22, 30b, and 30c (MCL 205.22, 205.30b, and 205.30c), section 22 as amended by 1993 PA 13, section 30b as added by 1986 PA 58, and section 30c as amended by 2002 PA 616.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5449, entitled
A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending sections 4 and 5 (MCL 141.934 and 141.935), section 4 as amended by 2002 PA 405 and section 5 as amended by 1987 PA 282.
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. 5484, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending sections 268, 350d, and 367b (MCL 18.1268, 18.1350d, and 18.1367b), section 268 as added by 1988 PA 237, section 350d as added by 1988 PA 504, and section 367b as amended by 1999 PA 8.
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. 5485, entitled
A bill to amend 1984 PA 385, entitled "Technology park development act," by amending section 12 (MCL 207.712), as amended by 2004 PA 321.
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. 5487, entitled
A bill to amend 1933 (Ex Sess) PA 18, entitled "An act to authorize any city, village, township, or county to purchase, acquire, construct, maintain, operate, improve, extend, and repair housing facilities; to eliminate housing conditions which are detrimental to the public peace, health, safety, morals, or welfare; and for any such purposes to authorize any such city, village, township, or county to create a commission with power to effectuate said purposes, and to prescribe the powers and duties of such commission and of such city, village, township, or county; and for any such purposes to authorize any such commission, city, village, township, or county to issue notes and revenue bonds; to regulate the issuance, sale, retirement, and refunding of such notes and bonds; to regulate the rentals of such projects and the use of the revenues of the projects; to prescribe the manner of selecting tenants for such projects; to provide for condemnation of private property for such projects; to confer certain powers upon such commissions, cities, villages, townships, and counties in relation to such projects, including the power to receive aid and cooperation of the federal government; to provide for a referendum thereon; to provide for cooperative financing by 2 or more commissions, cities, villages, townships, or counties or any combination thereof; to provide for the issuance, sale, and retirement of revenue bonds and special obligation notes for such purposes; to provide for financing agreements between cooperating borrowers; to provide for other matters relative to the bonds and notes and methods of cooperative financing; for other purposes; and to prescribe penalties and provide remedies," by amending section 1 (MCL 125.651), as amended by 1996 PA 338.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5488, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 9 and 10 (MCL 125.2689 and 125.2690), section 10 as amended by 2005 PA 164.
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. 5489, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 224, 440a, 443, 476a, 476b, 1239, 2352, 2954, 3390, and 5208 (MCL 500.224, 500.440a, 500.443, 500.476a, 500.476b, 500.1239, 500.2352, 500.2954, 500.3390, and 500.5208), section 224 as amended by 2001 PA 143, section 440a as added and section 443 as amended by 1990 PA 256, section 476a as amended by 1998 PA 121, sections 476b, 2352, 2954, and 3390 as added by 1987 PA 261, section 1239 as added by 2001 PA 228, and section 5208 as amended by 2002 PA 146.
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. 5491, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 19 (MCL 421.19), as amended by 2002 PA 192.
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. 5492, entitled
A bill to amend 2002 PA 593, entitled "Michigan next energy authority act," by amending section 5 (MCL 207.825).
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. 5493, entitled
A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending sections 352 and 391 (MCL 418.352 and 418.391), as amended by 1984 PA 46.
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. 5494, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 7hh and 8a (MCL 211.7hh and 211.8a), section 7hh as added by 2004 PA 252 and section 8a as amended by 1998 PA 537.
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. 5496, entitled
A bill to amend 1953 PA 189, entitled "An act to provide for the taxation of lessees and users of tax-exempt property," by amending section 1a (MCL 211.181a), as added by 2004 PA 324.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5497, entitled
A bill to amend 2000 PA 146, entitled "Obsolete property rehabilitation act," by amending section 10 (MCL 125.2790), as amended by 2004 PA 251.
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. 4711, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 15 and 16 (MCL 125.2665 and 125.2666), section 15 as amended by 2006 PA 32 and section 16 as amended by 2000 PA 145.
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 amended the title to read as follows:
A bill to amend 1996 PA 381, entitled "An act to authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, tax reverted, blighted, or functionally obsolete property; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing," by amending section 15 (MCL 125.2665), as amended by 2006 PA 32.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 4712, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 13 (MCL 125.2663), as amended by 2006 PA 467.
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 42, the bill was laid over one day.
House Bill No. 5354, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16315 (MCL 333.16315), as amended by 2001 PA 232.
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 42, the bill was laid over one day.
House Concurrent Resolution No. 36.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Jackson Community College relative to the Jackson Community College Health Program Expansion and Information Commons.
(For text of resolution, see House Journal No. 63, p. 970.)
The Senate has adopted the concurrent resolution and named Senators Barcia, Brater, Clark-Coleman, Clarke, Gleason, Pappageorge, Schauer and Switalski as co-sponsors.
The concurrent resolution was referred to the Clerk for record.
House Concurrent Resolution No. 58.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and West Shore Community College relative to the West Shore Community College New Student Learning Center.
(For text of resolution, see House Journal No. 125, p. 2296.)
The Senate has adopted the concurrent resolution and named Senators Barcia, Brater, Clark-Coleman, Clarke, Gleason, Pappageorge and Switalski as co-sponsors.
The concurrent resolution was referred to the Clerk for record.
House Concurrent Resolution No. 61.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Regents of the University of Michigan relative to the University of Michigan Student Activities Building.
(For text of resolution, see House Journal No. 128, p. 2365.)
The Senate has adopted the concurrent resolution and named Senators Barcia, Brater, Clark-Coleman, Clarke, Gleason, Pappageorge, Schauer and Switalski as co-sponsors.
The concurrent resolution was referred to the Clerk for record.
Senate Bill No. 294, entitled
A bill to amend 2005 PA 210, entitled "Commercial rehabilitation act," by amending section 2 (MCL 207.842), as amended by 2006 PA 554.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 346, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 66.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 485, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1 of chapter IX (MCL 769.1), as amended by 1999 PA 87.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Introduction of Bills
Reps. Bieda and Condino introduced
House Bill No. 5554, entitled
A bill to amend 2004 PA 174, entitled "Streamlined sales and use tax administration act," by amending section 25 (MCL 205.825).
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Condino and Bieda introduced
House Bill No. 5555, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending sections 1, 1a, 4g, 4k, 4bb, 12, 18, and 21 (MCL 205.51, 205.51a, 205.54g, 205.54k, 205.54bb, 205.62, 205.68, and 205.71), sections 1, 4g, and 4k as amended by and sections 12, 18, and 21 as added by 2004 PA 173, section 1a as amended by 2006 PA 434, and section 4bb as added by 2004 PA 301; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Bieda introduced
House Bill No. 5556, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 2, 2b, 3a, 3b, 3c, 4d, 4i, 7, 13, 14a, and 14b (MCL 205.92, 205.92b, 205.93a, 205.93b, 205.93c, 205.94d, 205.94i, 205.97, 205.103, 205.104a, and 205.104b), sections 2 and 7 as amended by 2007 PA 103, section 2b as amended by 2006 PA 428, section 3a as amended by 2007 PA 93, section 3b as added by 2002 PA 456, sections 3c, 13, 14a, and 14b as added and section 4d as amended by 2004 PA 172, and section 4i as added by 1986 PA 41; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Stahl, Elsenheimer, Rick Jones, LaJoy, Brown, Moore, Sheen, Pastor, Casperson, Booher, David Law, Sheltrown, Emmons, Meltzer, Nofs, Steil, Dean and Shaffer introduced
House Bill No. 5557, entitled
A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 2006 PA 482.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Jackson, Polidori, Virgil Smith, Scott, Johnson and Condino introduced
House Bill No. 5558, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2114 (MCL 500.2114).
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Polidori, Virgil Smith, Scott, Johnson and Condino introduced
House Bill No. 5559, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 2418 and 2618 (MCL 500.2418 and 500.2618), section 2418 as amended by 1993 PA 200.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Leland, Gonzales, Polidori, Brown, Hopgood, Melton, Accavitti, Bieda, Donigan, Farrah, Casperson, Mayes, Knollenberg, Nitz and Huizenga introduced
House Bill No. 5560, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 81e.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Gonzales, Leland, Polidori, Brown, Hopgood, Melton, Accavitti, Bieda, Donigan, Farrah, Casperson, Mayes, Knollenberg, Nitz and Huizenga introduced
House Bill No. 5561, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2005 PA 336.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Dean, Gonzales, Polidori, Brown, Hopgood, Melton, Accavitti, Donigan, Farrah, Casperson, Mayes, Knollenberg, Nitz and Huizenga introduced
House Bill No. 5562, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 81e.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Warren, Sak, Mayes, Acciavatti, Hammon, Hammel, Farrah, Robert Jones, Meisner, Melton, Young, Coulouris, LeBlanc, Robertson, Hune, Gaffney, David Law, Rocca, Byrnes and Dean introduced
House Bill No. 5563, entitled
A bill to designate the day upon which the first University of Michigan home football game occurs each year as Bo Schembechler Day in the state of Michigan.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
______
Rep. Spade moved that the House adjourn.
The motion prevailed, the time being 5:30 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, December 13, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives