No. 129
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Wednesday, December 5, 2007.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Dillon--present Lahti--present Pearce--present
Acciavatti--present Donigan--present LaJoy--present Polidori--present
Agema--present Ebli--present Law, David--present Proos--present
Amos--present Elsenheimer--present Law, Kathleen--present Robertson--present
Angerer--present Emmons--present LeBlanc--present Rocca--present
Ball--present Espinoza--present Leland--present Sak--present
Bauer--present Farrah--present Lemmons--present Schuitmaker--present
Bennett--present Gaffney--present Lindberg--present Scott--present
Bieda--present Garfield--present Marleau--present Shaffer--present
Booher--present Gillard--present Mayes--present Sheen--present
Brandenburg--present Gonzales--present McDowell--present Sheltrown--present
Brown--present Green--present Meadows--present Simpson--present
Byrnes--present Griffin--present Meekhof--present Smith, Alma--present
Byrum--present Hammel--present Meisner--present Smith, Virgil--present
Calley--present Hammon--present Melton--present Spade--present
Casperson--present Hansen--present Meltzer--present Stahl--present
Caswell--present Hildenbrand--present Miller--present Stakoe--present
Caul--present Hood--present Moolenaar--present Steil--present
Cheeks--present Hoogendyk--present Moore--present Tobocman--present
Clack--present Hopgood--present Moss--present Vagnozzi--excused
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. Marty Knollenberg, from the 41st District, offered the following invocation:
"God, we come before You this day grateful to You for the many blessings You have poured out upon each of us. We thank You for Your presence amongst us. We know that 'to whom much is given, much is expected.'
Bless this legislature, our Governor and all of our public officials with the insight to recognize You as the Way, the Truth, and the Life. May we lead this great state to the way of peace and prosperity, so that we may live in harmony, respecting the rights and dignity of one another.
To those You have entrusted to govern and lead our great state, grant Your wisdom and implant Your vision that we all might live Your truth. Strengthen us and help us to return prosperity to our state and our citizens. May we 'put progress over partisanship and accomplish much for the people of Michigan'. Bind us all together that we might continue to 'advance our common goals and address our common challenges, and thusly all join in a common purpose.' Amen."
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Rep. Tobocman moved that Rep. Vagnozzi be excused from today's session.
The motion prevailed.
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
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.
With the recommendation that the substitute (H-1) 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. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 5327, entitled
A bill to amend 2007 PA 36, entitled "Michigan business tax act," by amending section 239 (MCL 208.1239).
With the recommendation that the substitute (H-1) 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. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
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.
With the recommendation that the substitute (H-1) 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. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
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.
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, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
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.
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. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
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.
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, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
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.
With the recommendation that the substitute (H-1) 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. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
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.
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, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
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).
With the recommendation that the substitute (H-1) 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. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
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.
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, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
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.
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, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
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.
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, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
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.
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, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
Senate Bill No. 910, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 6 and 9 (MCL 207.806 and 207.809), section 6 as amended by 2003 PA 248 and section 9 as amended by 2000 PA 144.
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, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Nays: None
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 5, 2007
Present: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Absent: Rep. Melton
Excused: Rep. Melton
Notices
Pursuant to Rule 41, the Speaker has made the following reassignment:
House Bill No. 5530 referred to the Committee on Energy and Technology.
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
December 4, 2007
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:39 P.M. this date, administrative rule (07-12-01) for the Department of Community Health, Bureau of Mental Health & Substance Abuse Services, Entitled "Rights of Recipients" These rules take effect immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
December 4, 2007
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:41 P.M. this date, administrative rule (07-12-02 ) for the Department of Labor and Economic Growth, Office of Financial and Insurance Services, Entitled "Deferred Presentment Statewide Database" These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
Sincerely,
Terri Lynn Land
Secretary of State
Robin Houston, Office Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Intergovernmental, Urban and Regional Affairs, by Rep. Byrum, Chair, reported
House Bill No. 4868, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4q (MCL 117.4q), as added by 2003 PA 316.
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. Byrum, Young, Coulouris, Farrah, Johnson, Meadows, Nitz, Meekhof and Opsommer
Nays: None
The Committee on Intergovernmental, Urban and Regional Affairs, by Rep. Byrum, Chair, reported
House Bill No. 5319, entitled
A bill to amend 1917 PA 167, entitled "Housing law of Michigan," by amending section 141b (MCL 125.541b), as added by 1992 PA 144.
With the recommendation that the substitute (H-1) 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. Byrum, Young, Coulouris, Farrah, Johnson, Meadows, Nitz, Meekhof and Opsommer
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrum, Chair, of the Committee on Intergovernmental, Urban and Regional Affairs, was received and read:
Meeting held on: Wednesday, December 5, 2007
Present: Reps. Byrum, Young, Coulouris, Farrah, Johnson, Meadows, Nitz, Meekhof and Opsommer
Absent: Reps. Tobocman and Pavlov
Excused: Reps. Tobocman and Pavlov
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
Senate Bill No. 747, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1138.
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. Polidori, Brown, Dean, Lemmons, Emmons, Garfield, Pastor and Horn
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Polidori, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:
Meeting held on: Wednesday, December 5, 2007
Present: Reps. Polidori, Brown, Dean, Lemmons, Emmons, Garfield, Pastor and Horn
Absent: Rep. Sheltrown
Excused: Rep. Sheltrown
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 5, 2007
Present: Reps. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Miller, Nofs, Palsrok, Garfield, Huizenga, Moolenaar, Horn and Opsommer
Absent: Rep. Melton
Excused: Rep. Melton
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 5, 2007
Present: Reps. Clack, Dean, Accavitti, Hammon, Stahl and Hoogendyk
Absent: Reps. Wojno, Sheen and Palmer
Excused: Reps. Wojno, Sheen and Palmer
Second Reading of Bills
House Bill No. 4163, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12601 (MCL 333.12601), as amended by 1988 PA 315; and to repeal acts and parts of acts.
(The bill was read a second time, substitute (H-5) adopted, amendments offered and postponed temporarily and bill postponed temporarily on November 8, see House Journal No. 121, p. 2246.)
Reps. Meltzer, Horn and Acciavatti moved to amend the bill as follows:
1. Amend page 18, following line 25, by inserting:
"(3) SECTION 3D OF THE USE TAX ACT, 1937 PA 94, MCL 205.93D, IS REPEALED IMMEDIATELY AFTER IT TAKES EFFECT ON DECEMBER 1, 2007.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Huizenga moved to amend the bill as follows:
1. Amend page 19, following line 1, by inserting:
"Enacting section 3. This amendatory act does not take effect unless the governor enters into an agreement with the federally recognized Indian tribes that operate gambling games in this state to prohibit smoking in areas where gambling games are conducted pursuant to an Indian gaming compact or other appropriate agreement. If an agreement as provided in this section is entered into, the governor shall certify that fact in writing and file the certification with the secretary of state not later than the fifth business day following the date of the agreement. If an agreement as provided in this section is entered into, the provisions of this amendatory act shall become effective on the date that is 10 calendar days after the filing of the certification with the secretary of state, which date shall be set forth in the filing and shall be known as the certification date.".
The question being on the adoption of the amendment offered by Rep. Huizenga,
Rep. Huizenga demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Huizenga,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 554 Yeas--51
Accavitti Hansen Moolenaar Rocca
Acciavatti Hildenbrand Moore Sak
Agema Hoogendyk Moss Schuitmaker
Amos Horn Nitz Shaffer
Booher Huizenga Nofs Sheen
Calley Hune Opsommer Sheltrown
Casperson Jones, Rick Palmer Spade
Caswell Knollenberg Palsrok Stahl
DeRoche LaJoy Pastor Stakoe
Elsenheimer Law, David Pavlov Steil
Emmons LeBlanc Pearce Walker
Gaffney Marleau Proos Ward
Green Meekhof Robertson
Nays--57
Angerer Corriveau Hood Melton
Ball Coulouris Hopgood Meltzer
Bauer Dean Jackson Miller
Bennett Dillon Johnson Polidori
Bieda Donigan Jones, Robert Scott
Brandenburg Ebli Lahti Simpson
Brown Espinoza Law, Kathleen Smith, Alma
Byrnes Farrah Leland Smith, Virgil
Byrum Garfield Lemmons Tobocman
Caul Gillard Lindberg Valentine
Cheeks Gonzales Mayes Warren
Clack Griffin McDowell Wenke
Clemente Hammel Meadows Wojno
Condino Hammon Meisner Young
Constan
In The Chair: Sak
Rep. Bieda, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
While I agree with the intent of this amendment -- to prohibit smoking in casinos operated by federally recognized Native-American tribes -- the language of the amendment would draw out the prohibition on smoking in all facilities until after agreements with all of Michigan's Native American run gambling facilities had been reached. This would push the effective date of the ban out considerably. Thus, I voted 'no' on this amendment."
Rep. Melton moved to amend the bill as follows:
1. Amend page 4, following line 7, by inserting:
"(viii) AN ORGANIZATION OF THE VETERANS OF FOREIGN WARS, FRATERNAL ORGANIZATIONS,THE AMERICAN LEGION, OR ANY OTHER WAR VETERANS' ORGANIZATION, IF THE ESTABLISHMENT OPERATED BY THAT ORGANIZATION IS NOT OPEN TO THE PUBLIC AND DOES NOT EMPLOY INDIVIDUALS UNDER THE AGE OF 18.".
2. Amend page 18, line 2, after "12606A" by inserting "OR AN ESTABLISHMENT DESCRIBED IN SECTION12601(1)(O)(viii)".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
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Rep. Tobocman moved that Rep. Cushingberry be excused temporarily from today's session.
The motion prevailed.
Rep. Farrah moved to amend the bill as follows:
1. Amend page 4, following line 7, by inserting:
"(viii) A HOLDER OF AN ON-PREMISES LICENSE ISSUED UNDER THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998 PA 58, MCL 436.1101 TO 436.2303, IF THAT ESTABLISHMENT PROHIBITS ENTRY TO INDIVIDUALS WHO ARE UNDER THE AGE OF 21, OTHER THAN EMPLOYEES OF THE ESTABLISHMENT WHO ARE 18 YEARS OF AGE OR OLDER, DURING THE TIME THE ESTABLISHMENT IS OPEN FOR BUSINESS.
(ix) A HOLDER OF AN ON-PREMISES LICENSE ISSUED UNDER THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998 PA 58, MCL 436.1101 TO 436.2303, IF THAT ESTABLISHMENT MEETS BOTH OF THE FOLLOWING REQUIREMENTS:
(A) IT PROHIBITS ENTRY TO INDIVIDUALS, INCLUDING EMPLOYEES OF THE ESTABLISHMENT, WHO ARE UNDER THE AGE OF 18 DURING THE TIME THE ESTABLISHMENT IS OPEN FOR BUSINESS.
(B) AT LEAST 51% OF ITS TOTAL GROSS ANNUAL INCOME IS FROM THE ON-SITE SALE OF ALCOHOLIC LIQUOR.
(x) AN ORGANIZATION OF THE VETERANS OF FOREIGN WARS, THE AMERICAN LEGION, OR ANY OTHER WAR VETERANS' ORGANIZATION IF THE ESTABLISHMENT OPERATED BY THAT ORGANIZATION PROHIBITS ENTRY TO INDIVIDUALS, INCLUDING EMPLOYEES OF THE ESTABLISHMENT, WHO ARE UNDER THE AGE OF 18 DURING THE TIME THE ESTABLISHMENT IS OPEN FOR BUSINESS.
(xi) A FRATERNAL ORGANIZATION, OR OTHER ESTABLISHMENT NOT IN FACT OPEN TO THE PUBLIC.
(xii) A BOWLING CENTER AS DEFINED IN MCL 750.310a.".
2. Amend page 18, line 2, after "12606A" by inserting "OR AN ESTABLISHMENT DESCRIBED IN SECTION12601(1)(O)(viii), (xi), (x), (xi), or (xii)".
The question being on the adoption of the amendments offered by Rep. Farrah,
Rep. Farrah demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Farrah,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 555 Yeas--55
Accavitti Gaffney Meekhof Sak
Agema Garfield Meltzer Schuitmaker
Amos Hansen Moore Scott
Booher Hildenbrand Moss Shaffer
Calley Hood Nitz Sheen
Casperson Horn Nofs Sheltrown
Caswell Huizenga Opsommer Spade
Caul Hune Palmer Stahl
Cheeks Jones, Rick Pastor Stakoe
DeRoche Knollenberg Pavlov Walker
Elsenheimer LaJoy Pearce Ward
Emmons LeBlanc Polidori Wenke
Espinoza Marleau Robertson Young
Farrah Mayes Rocca
Nays--50
Acciavatti Corriveau Johnson Miller
Angerer Coulouris Jones, Robert Moolenaar
Ball Dean Lahti Palsrok
Bauer Dillon Law, David Proos
Bennett Donigan Law, Kathleen Simpson
Bieda Ebli Leland Smith, Alma
Brandenburg Gonzales Lemmons Smith, Virgil
Brown Green Lindberg Steil
Byrnes Griffin McDowell Tobocman
Byrum Hammel Meadows Valentine
Clack Hammon Meisner Warren
Condino Hopgood Melton Wojno
Constan Jackson
In The Chair: Sak
Rep. Gaffney moved to amend the bill as follows:
1. Amend page 18, line 26, by striking out all of enacting section 2 and inserting:
"Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) House Bill No. 4816.
(b) House Bill No. 4044.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Rick Jones moved to amend the bill as follows:
1. Amend page 4, following line 7, by inserting:
"(viii) A HOLDER OF AN ON-PREMISES LICENSE ISSUED UNDER THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998 PA 58, MCL 436.1101 TO 436.2303.
(ix) A FRATERNAL ORGANIZATION, PRIVATE CLUB, BANQUET FACILITY, OR OTHER ESTABLISHMENT NOT IN FACT OPEN TO THE PUBLIC.
(x) AN ORGANIZATION OF THE VETERANS OF FOREIGN WARS, THE AMERICAN LEGION, OR ANY OTHER WAR VETERANS' ORGANIZATION.".
2. Amend page 18, line 2, after "12606A" by inserting "OR AN ESTABLISHMENT DESCRIBED IN SECTION12601(1)(O)(viii), (ix), or (x).".
The question being on the adoption of the amendments offered previously by Rep. Rick Jones,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 556 Yeas--54
Acciavatti Gaffney Meekhof Rocca
Agema Garfield Meltzer Sak
Amos Green Moore Schuitmaker
Booher Hansen Moss Scott
Calley Hildenbrand Nitz Shaffer
Casperson Hoogendyk Nofs Sheen
Caswell Horn Opsommer Spade
Caul Huizenga Palmer Stahl
Cheeks Hune Pastor Stakoe
DeRoche Jones, Rick Pavlov Steil
Elsenheimer Knollenberg Pearce Walker
Emmons LeBlanc Polidori Ward
Espinoza Marleau Robertson Wenke
Farrah Mayes
Nays--52
Angerer Coulouris Johnson Miller
Ball Dean Jones, Robert Moolenaar
Bauer Dillon Lahti Palsrok
Bennett Donigan LaJoy Proos
Bieda Ebli Law, David Sheltrown
Brandenburg Gillard Law, Kathleen Simpson
Brown Gonzales Leland Smith, Alma
Byrnes Griffin Lemmons Smith, Virgil
Byrum Hammel Lindberg Tobocman
Clack Hammon McDowell Valentine
Condino Hood Meadows Warren
Constan Hopgood Meisner Wojno
Corriveau Jackson Melton Young
In The Chair: Sak
Rep. Clack moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Johnson moved that Rep. Jackson be excused from the balance of today's session.
The motion prevailed.
Rep. Angerer moved that Rep. Accavitti be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4163, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12601 (MCL 333.12601), as amended by 1988 PA 315; and to repeal acts and parts of acts.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Tobocman moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.
The motion prevailed, a majority of the members present voting therefor.
Second Reading of Bills
House Bill No. 4163, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12601 (MCL 333.12601), as amended by 1988 PA 315; and to repeal acts and parts of acts.
Rep. Tobocman moved to reconsider the vote by which the House adopted the amendments offered previously by Rep. Melton.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the amendments offered previously by Rep. Melton,
Rep. Melton withdrew the amendments.
Rep. Clack moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Booher moved that Rep. Emmons be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4163, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12601 (MCL 333.12601), as amended by 1988 PA 315; 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. 557 Yeas--56
Acciavatti Coulouris LaJoy Polidori
Angerer Dean Law, David Proos
Ball Dillon Law, Kathleen Schuitmaker
Bauer Donigan LeBlanc Scott
Bennett Ebli Leland Sheltrown
Bieda Gillard Lemmons Simpson
Brandenburg Gonzales Lindberg Smith, Alma
Brown Griffin McDowell Smith, Virgil
Byrnes Hammel Meadows Stakoe
Byrum Hammon Meisner Tobocman
Clack Hood Melton Valentine
Condino Hopgood Meltzer Warren
Constan Johnson Miller Wojno
Corriveau Jones, Robert Palsrok Young
Nays--46
Agema Garfield Mayes Pearce
Booher Green Meekhof Robertson
Calley Hansen Moolenaar Rocca
Casperson Hildenbrand Moore Sak
Caswell Hoogendyk Moss Sheen
Caul Horn Nitz Spade
Cheeks Huizenga Nofs Stahl
DeRoche Hune Opsommer Steil
Elsenheimer Jones, Rick Palmer Walker
Espinoza Knollenberg Pastor Ward
Farrah Lahti Pavlov Wenke
Gaffney Marleau
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 1978 PA 368, entitled "Public health code," by amending sections 12601, 12603, 12611, 12613, 12614, 12905, and 12915 (MCL 333.12601, 333.12603, 333.12611, 333.12613, 333.12614, 333.12905, and 333.12915), sections 12601 and 12613 as amended by 1988 PA 315, sections 12603 and 12611 as amended by 1993 PA 217, section12614 as added by 1988 PA 296, section 12905 as amended by 1993 PA 242, and section 12915 as amended by 1982 PA 526, and by adding sections 12606, 12606a, and 12606b; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
______
Rep. Clemente, under Rule 31, made the following statement:
"Mr. Speaker and members of the House:
I did not vote on Roll Call No. 557 because of a possible conflict of interest."
______
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 am opposed to House Bill 4163. Smoking is clearly unhealthy and many times creates a variety of health problems for those who smoke. Secondhand smoke is also unhealthy and irritating to those who don't smoke. However, the fact remains that it is a legal substance which is bought and sold in every grocery store, gas station, and convenience store inAmerica. Telling restaurant and business owners what they can and cannot do at their place of business is an infringement on their personal property rights. Smokers and non-smokers alike know which restaurants allow smoking and which don't, and they use this knowledge to determine which establishments to frequent. Government needs to stay out of the market place and people's lives, so they can make their own choices."
Rep. Tobocman moved that the bill be given immediate effect.
The question being on the motion made by Rep. Tobocman,
Rep. Hildenbrand demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Tobocman,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 558 Yeas--63
Acciavatti Coulouris Lahti Polidori
Angerer Dean LaJoy Proos
Ball Dillon Law, David Schuitmaker
Bauer Donigan Law, Kathleen Scott
Bennett Ebli LeBlanc Shaffer
Bieda Espinoza Leland Sheltrown
Brandenburg Gaffney Lemmons Simpson
Brown Gillard Lindberg Smith, Alma
Byrnes Gonzales Mayes Smith, Virgil
Byrum Griffin McDowell Spade
Calley Hammel Meadows Tobocman
Caswell Hammon Meisner Valentine
Clack Hood Melton Warren
Condino Hopgood Meltzer Wojno
Constan Johnson Miller Young
Corriveau Jones, Robert Palsrok
Nays--41
Agema Hansen Moolenaar Robertson
Amos Hildenbrand Moore Rocca
Booher Hoogendyk Moss Sak
Casperson Horn Nitz Sheen
Caul Huizenga Nofs Stahl
Cheeks Hune Opsommer Stakoe
DeRoche Jones, Rick Palmer Steil
Elsenheimer Knollenberg Pastor Walker
Farrah Marleau Pavlov Ward
Garfield Meekhof Pearce Wenke
Green
In The Chair: Sak
Reps. Ball, Brandenburg, Byrnes, Corriveau, Dillon, Gillard, Hammon, Robert Jones, Melton, Polidori, Schuitmaker, Shaffer and Valentine were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 4816, entitled
A bill to amend 2000 PA 92, entitled "Food law of 2000," by amending section 4107 (MCL 289.4107).
The bill was read a second time.
Rep. Clack moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Clack moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4816, entitled
A bill to amend 2000 PA 92, entitled "Food law of 2000," by amending section 4107 (MCL 289.4107).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 559 Yeas--56
Acciavatti Coulouris LaJoy Polidori
Angerer Dean Law, David Proos
Ball Dillon Law, Kathleen Schuitmaker
Bauer Donigan LeBlanc Shaffer
Bennett Ebli Leland Sheltrown
Bieda Gillard Lemmons Simpson
Brandenburg Gonzales Lindberg Smith, Alma
Brown Griffin McDowell Smith, Virgil
Byrnes Hammel Meadows Stakoe
Byrum Hammon Meisner Tobocman
Clack Hood Melton Valentine
Condino Hopgood Meltzer Warren
Constan Johnson Miller Wojno
Corriveau Jones, Robert Palsrok Young
Nays--49
Agema Gaffney Marleau Pearce
Amos Garfield Mayes Robertson
Booher Green Meekhof Rocca
Calley Hansen Moolenaar Sak
Casperson Hildenbrand Moore Scott
Caswell Hoogendyk Moss Sheen
Caul Horn Nitz Spade
Cheeks Huizenga Nofs Stahl
Clemente Hune Opsommer Steil
DeRoche Jones, Rick Palmer Walker
Elsenheimer Knollenberg Pastor Ward
Espinoza Lahti Pavlov Wenke
Farrah
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 2000 PA 92, entitled "Food law of 2000," by amending section 4107 (MCL 289.4107), as amended by 2007 PA 113.
The motion prevailed.
The House agreed to the title as amended.
______
Rep. Tobocman moved that Rep. Dillon be excused temporarily from today's session.
The motion prevailed.
Rep. Tobocman moved that the bill be given immediate effect.
The question being on the motion made by Rep. Tobocman,
Rep. Hildenbrand demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Tobocman,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 560 Yeas--61
Acciavatti Dean LaJoy Polidori
Ball Donigan Law, David Proos
Bauer Ebli Law, Kathleen Schuitmaker
Bennett Espinoza LeBlanc Scott
Bieda Gaffney Leland Shaffer
Brandenburg Gillard Lemmons Sheltrown
Brown Gonzales Lindberg Simpson
Byrnes Griffin Mayes Smith, Alma
Byrum Hammel McDowell Smith, Virgil
Calley Hammon Meadows Spade
Caswell Hood Meisner Tobocman
Clack Hopgood Melton Valentine
Condino Johnson Meltzer Warren
Constan Jones, Robert Miller Wojno
Corriveau Lahti Palsrok Young
Coulouris
Nays--42
Agema Green Moolenaar Robertson
Amos Hansen Moore Rocca
Booher Hildenbrand Moss Sak
Casperson Hoogendyk Nitz Sheen
Caul Horn Nofs Stahl
Cheeks Huizenga Opsommer Stakoe
Clemente Hune Palmer Steil
DeRoche Jones, Rick Pastor Walker
Elsenheimer Knollenberg Pavlov Ward
Farrah Marleau Pearce Wenke
Garfield Meekhof
In The Chair: Sak
Reps. Ball, Bieda, Brandenburg, Byrnes, Condino, Corriveau, Coulouris, Dean, Gillard, Gonzales, Hammel, Hopgood, Robert Jones, Melton, Meltzer, Polidori, Tobocman and Valentine were named co-sponsors of the bill.
House Bill No. 5032, entitled
A bill to amend 2006 PA 110, entitled "Michigan zoning enabling act," by amending sections 102, 103, 202, 208, 301, 401, 601, 604, 606, and 702 (MCL 125.3102, 125.3103, 125.3202, 125.3208, 125.3301, 125.3401, 125.3601, 125.3604, 125.3606, and 125.3702).
The bill was read a third time.
The question being on the passage of the bill,
Rep. Byrum moved to substitute (H-3) the bill.
The motion was seconded and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Byrum moved to amend the bill as follows:
1. Amend page 8, line 4, after "that" by striking out "EXACT".
2. Amend page 8, line 14, by striking out all of subsection (2) and inserting:
"(2) The legislative body may provide in a zoning ordinance for the completion, resumption, restoration, reconstruction, extension, or substitution of nonconforming uses or structures upon terms and conditions provided in the zoning ordinance. In establishing terms for the completion, resumption, restoration, reconstruction, extension, or substitution of nonconforming uses or structures, different classes of nonconforming uses may be established in the zoning ordinance with different requirements applicable to each class.".
3. Amend page 9, line 1, after "property" by inserting "may".
The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.
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. 561 Yeas--103
Acciavatti Ebli Law, David Polidori
Agema Elsenheimer Law, Kathleen Proos
Amos Espinoza LeBlanc Robertson
Angerer Farrah Leland Rocca
Ball Gaffney Lemmons Sak
Bauer Garfield Lindberg Schuitmaker
Bennett Gillard Marleau Scott
Bieda Gonzales Mayes Shaffer
Booher Green McDowell Sheen
Brandenburg Griffin Meadows Sheltrown
Brown Hammel Meekhof Simpson
Byrnes Hammon Meisner Smith, Alma
Byrum Hansen Melton Smith, Virgil
Calley Hildenbrand Meltzer Spade
Casperson Hood Miller Stahl
Caswell Hoogendyk Moolenaar Stakoe
Caul Hopgood Moore Steil
Cheeks Horn Moss Tobocman
Clack Huizenga Nitz Valentine
Clemente Hune Nofs Walker
Condino Johnson Opsommer Ward
Constan Jones, Rick Palmer Warren
Corriveau Jones, Robert Palsrok Wenke
Coulouris Knollenberg Pastor Wojno
Dean Lahti Pavlov Young
Donigan LaJoy Pearce
Nays--1
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 2006 PA 110, entitled "Michigan zoning enabling act," by amending sections 102, 103, 202, 208, 301, 401, 407, 601, 604, 606, and 702 (MCL 125.3102, 125.3103, 125.3202, 125.3208, 125.3301, 125.3401, 125.3407, 125.3601, 125.3604, 125.3606, and 125.3702).
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.
Second Reading of Bills
House Bill No. 5259, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21529; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Robert Jones moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5259, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21529; 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. 562 Yeas--99
Acciavatti Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Gillard Lindberg Scott
Booher Gonzales Marleau Shaffer
Brandenburg Green Mayes Sheen
Brown Griffin McDowell Simpson
Byrnes Hammel Meadows Smith, Alma
Byrum Hammon Meekhof Smith, Virgil
Calley Hansen Meisner Spade
Casperson Hildenbrand Melton Stahl
Caswell Hood Miller Stakoe
Caul Hoogendyk Moolenaar Steil
Cheeks Hopgood Moore Tobocman
Clack Horn Moss Valentine
Clemente Huizenga Nitz Walker
Condino Hune Nofs Ward
Constan Johnson Opsommer Warren
Corriveau Jones, Rick Palsrok Wenke
Coulouris Jones, Robert Pastor Wojno
Dean Knollenberg Pavlov Young
DeRoche Lahti Pearce
Nays--5
Agema Meltzer Palmer Sheltrown
Garfield
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.
Reps. Ball, Bieda, Booher, Brandenburg, Condino, Coulouris, Dean, Espinoza, Farrah, Gonzales, Green, Hammel, Hammon, Hansen, Hildenbrand, Hoogendyk, Hune, Johnson, Rick Jones, LeBlanc, Leland, Mayes, McDowell, Meadows, Pastor, Rocca, Sak, Stahl, Tobocman and Warren were named co-sponsors of the bill.
By unanimous consent the House returned to the order of
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 5:
House Bill Nos. 5509 5510 5511 5512 5513 5514 5515 5516 5517 5518 5519 5520 5521 5522 5523 5524 5525 5526 5527 5528 5529 5530
The Clerk announced that the following Senate bills had been received on Wednesday, December 5:
Senate Bill Nos. 710 711 712 713 714 715 925
Reports of Standing Committees
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 4548, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending sections 33e, 34, and 35 (MCL 791.233e, 791.234, and 791.235), section 33e as added by 1992 PA 181, section 34 as amended by 2006 PA 167, and section 35 as amended by 1998 PA 315.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Stakoe and Rick Jones
Nays: Reps. Schuitmaker and Elsenheimer
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 5, 2007
Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, Elsenheimer, Stakoe and Rick Jones
Absent: Reps. David Law and Rocca
Excused: Reps. David Law and Rocca
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
House Bill No. 4343, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 342.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Warren, Donigan, Ebli, Tobocman, Kathleen Law, Leland, Meadows, Miller and Valentine
Nays: Reps. Robertson, Palmer, Emmons, Moolenaar, Meekhof and Agema
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 5, 2007
Present: Reps. Warren, Donigan, Ebli, Tobocman, Kathleen Law, Leland, Meadows, Miller, Valentine, Robertson, Palmer, Emmons, Moolenaar, Meekhof and Agema
Messages from the Senate
Senate Bill No. 710, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending the heading of part 101 and sections 10101,10102, 10103, 10104, 10105, 10106, 10107, 10108, 10109, 10204, and 20165 (MCL 333.10101, 333.10102, 333.10103, 333.10104, 333.10105, 333.10106, 333.10107, 333.10108, 333.10109, 333.10204, and 333.20165), section 10102 as amended by 2003 PA 62, section 10104 as amended by 2005 PA 140, section 10108 as amended by 2006 PA 301, section 10204 as amended by 1999 PA 60, and section 20165 as amended by 1998 PA 108, and by adding sections 10110, 10111, 10112, 10113, 10114, 10115, 10116, 10117, 10118, 10119, 10120, 10121, 10122, and 10123; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 711, entitled
A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes," by amending section 2 (MCL 28.292), as amended by 2005 PA 143.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 712, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307 and 310 (MCL 257.307 and 257.310), section 307 as amended by 2006 PA 298 and section 310 as amended by 2005 PA 141.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 713, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2004 PA 215.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 714, entitled
A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending section 9 (MCL 52.209), as added by 2005 PA 176.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 715, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 3206, 5506, 5507, 5508, and 5510 (MCL 700.3206, 700.5506, 700.5507, 700.5508, and 700.5510), section 3206 as added by 2006 PA 299 and sections 5506, 5507, 5508, and 5510 as amended by 2004 PA 532.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
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.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of House Concurrent Resolution No. 36.
Rep. Hood
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of House Concurrent Resolution No. 58.
Rep. Hood
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of House Concurrent Resolution No. 61.
Rep. Hood
Introduction of Bills
Rep. Wenke introduced
House Joint Resolution JJ, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 1 of article V, to provide for the establishment of the position of chief administrative officer of the state.
The joint resolution was read a first time by its title and referred to the Committee on Government Operations.
Rep. Stakoe moved that the House adjourn.
The motion prevailed, the time being 5:45 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, December 6, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives