No. 36
State of Michigan
JOURNAL
OF THE
House of Representatives
94th Legislature
REGULAR SESSION OF 2008
House Chamber, Lansing, Tuesday, April 22, 2008.
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—excused Marleau—present Shaffer—present
Booher—present Gillard—present Mayes—present Sheen—present
Brandenburg—excused Gonzales—present McDowell—present Sheltrown—present
Brown—present Green—present Meadows—present Simpson—present
Byrnes—present Griffin—present Meekhof—present Smith, Alma—present
Byrum—present Hammel—present Meisner—present Smith, Virgil—present
Calley—present Hammon—present Melton—present Spade—present
Casperson—present Hansen—present Meltzer—present Stahl—present
Caswell—present Hildenbrand—present Miller—present Stakoe—present
Caul—present Hood—present Moolenaar—present Steil—present
Cheeks—present Hoogendyk—present Moore—present Tobocman—present
Clack—present Hopgood—present Moss—present Vagnozzi—present
Clemente—present Horn—present Nitz—present Valentine—present
Condino—present Huizenga—present Nofs—present Walker—present
Constan—present Hune—present Opsommer—present Ward—present
Corriveau—present Jackson—present Palmer—present Warren—present
Coulouris—present Johnson—present Palsrok—present Wenke—present
Cushingberry—present Jones, Rick—present Pastor—present Wojno—present
Dean—present Jones, Robert—present Pavlov—present Young—present
DeRoche—present Knollenberg—present
e/d/s = entered during session
Rep. John Espinoza, from the 83rd District, offered the following invocation:
“Heavenly Father, bless this day that You have given us. And Bless all Your children as they go about their daily lives. We humbly ask to be guided by Your son’s teachings and in all our endeavors. Protect those we have sent into harm’s way and their families. We ask for these things in Your son’s name Jesus Christ, Amen.”
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Rep. Booher moved that Reps. Brandenburg and Garfield be excused from today’s session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5814, entitled
A bill to make appropriations for the department of human services and certain state purposes related to public welfare services for the fiscal year ending September 30, 2009 to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Spade moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Spade 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. Meekhof moved that Rep. Acciavatti be excused from the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5814, entitled
A bill to make appropriations for the department of human services and certain state purposes related to public welfare services for the fiscal year ending September 30, 2009 to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Pavlov moved to amend the bill as follows:
1. Amend page 12, following line 3, by inserting:
“Sec. 200. (1) From the funds appropriated in part 1, the department shall develop, post, and maintain, on a publicly accessible Internet site, all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made.
(2) The department shall obtain proof from all family independence program recipients that they are legal United States citizens or are otherwise legally residing in this country before approving cash assistance. In all instances in which the department becomes aware that a person that is residing in this country illegally has either obtained or applied for public assistance, the department shall refer the matter to an appropriate law enforcement authority for further action.”.
The motion was seconded and the amendment was not adopted, a majority of the members serving not voting therefor.
The question being on the passage of the bill,
Rep. Shaffer moved to amend the bill as follows:
1. Amend page 33, following line 22, by inserting:
“Sec. 287. (1) From the funds appropriated in part 1, the department shall develop, post, and maintain, on a publicly accessible Internet site, a searchable database of all expenditures made by the department since October 1, 2007. At a minimum, the database shall allow private citizens to query the expenditure database to gain information on department expenditures within a specific expenditure category, that are related to any specific contract, or that are made to any specific vendor.
(2) The database shall produce accurate, detailed expenditure reports based on the query request of the private citizen. The private citizen making the query shall have the ability to choose the data elements to be included in the final expenditure report. Available data elements shall include all the data elements contained in the Michigan Administrative Information Network (MAIN) accounting system that are used to classify an expenditure.
(3) From the money appropriated in part 1, the department shall expend no more than $25,000.00 to develop and post the database.”.
The motion was seconded and the amendment was not adopted, a majority of the members serving not voting therefor.
The question being on the passage of the bill,
Rep. Meltzer moved to amend the bill as follows:
1. Amend page 10, line 25, by striking out “368,246,800” and inserting “277,112,800” and adjusting the subtotals, totals, and section 201 accordingly.
The motion was seconded and the amendment was not adopted, a majority of the members serving not voting therefor.
The question being on the passage of the bill,
Rep. Pavlov moved to amend the bill as follows:
1. Amend page 89, following line 2, by inserting:
“Sec. 692. The department shall obtain proof from all family independence program recipients that they are legal United States citizens or are otherwise legally residing in this country before approving cash assistance. In all instances in which the department becomes aware that a person that is residing in this country illegally has either obtained or applied for public assistance, the department shall refer the matter to an appropriate law enforcement authority for further action.”.
The motion was seconded and the amendment was not adopted, a majority of the members serving not 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. 305 Yeas—58
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammel Meadows Valentine
Condino Hammon Meisner Warren
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson
Nays—49
Agema Hansen Meltzer Proos
Amos Hildenbrand Moolenaar Robertson
Ball Hoogendyk Moore Rocca
Booher Horn Moss Schuitmaker
Calley Huizenga Nitz Shaffer
Casperson Hune Nofs Sheen
Caswell Jones, Rick Opsommer Stahl
Caul Knollenberg Palmer Stakoe
DeRoche LaJoy Palsrok Steil
Elsenheimer Law, David Pastor Walker
Emmons Marleau Pavlov Ward
Gaffney Meekhof Pearce Wenke
Green
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 make appropriations for the department of human services and certain state purposes related to public welfare services for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.
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.
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Reps. Shaffer and Calley, having reserved the right to explain their protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I could not support HB 5814, the Department of Human Services budget, because my colleagues and I offered several amendments that were flatly ignored. We were not allowed to properly introduce our amendments, nor were we allowed to debate the merits of the bill in its current form. The Constitutional rights of the people were ignored today as their elected representatives were not able to register their thoughts on behalf of their constituents.”
Rep. Rocca, 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:
Unfortunately, once again, a substitute version of the legislation was provided to members of the House of Representatives only moments before the record roll call vote for final passage was taken, giving the members of this body inadequate time to review the content of this spending bill. While I may, in fact, support many of the items contained in the human services budget, I find it difficult to agree to spend more than $4.6 billion of the taxpayers’ money without first being allowed to review how those billions will be spent.”
Second Reading of Bills
House Bill No. 4412, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 21A.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Hansen moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Melton moved to amend the bill as follows:
1. Amend page 1, line 1, after “CHAPTER 21A” by striking out the balance of the bill and inserting:
“CREDIT-BASED INSURANCE SCORING FOR PERSONAL INSURANCE
SEC. 2151. AS USED IN THIS CHAPTER:
(A) “INSURANCE SCORE” MEANS A NUMBER, RATING, CLASSIFICATION, OR COMPARATIVE GROUPING OF RISKS THAT IS BASED IN WHOLE OR IN PART ON CREDIT INFORMATION, A CREDIT SCORE, OR ON ITEMS OF INFORMATION INCLUDED IN A CREDIT REPORT MAINTAINED BY A CONSUMER REPORTING AGENCY THAT AN INSURER USES FOR THE PURPOSES OF PREDICTING THE FUTURE LOSS EXPOSURE OF AN INDIVIDUAL APPLICANT OR INSURED, FOR CLASSIFYING RISK, OR FOR SETTING THE PREMIUM CHARGED AN INDIVIDUAL APPLICANT OR INSURED.
(B) “PERSONAL INSURANCE” MEANS POLICIES UNDERWRITTEN ON AN INDIVIDUAL OR GROUP BASIS FOR PERSONAL, FAMILY, OR HOUSEHOLD USE, SUBJECT TO CHAPTER 21, 24, OR 26, AND INCLUDES PRIVATE PASSENGER AUTOMOBILE, HOMEOWNERS, MOTORCYCLE, BOAT, PERSONAL WATERCRAFT, SNOWMOBILE, RECREATIONAL VEHICLE, MOBILE HOMEOWNERS, AND ALL OTHER NONCOMMERCIAL VEHICULAR AND NONCOMMERCIAL DWELLING FIRE INSURANCE POLICIES.
SEC. 2153. THIS CHAPTER APPLIES ONLY TO PERSONAL INSURANCE. IF ANY PROVISION OF THIS CHAPTER IS FOUND TO BE INCONSISTENT WITH A PROVISION OF CHAPTER 21, 24, OR 26, THIS CHAPTER CONTROLS WITH RESPECT TO THE USE OF INSURANCE SCORES IN THE RATING OR UNDERWRITING OF PERSONAL INSURANCE.
SEC. 2155. (1) FOR NEW OR RENEWAL POLICIES EFFECTIVE ON AND AFTER OCTOBER 1, 2008, AN INSURER IN THE CONDUCT OF ITS BUSINESS OR ACTIVITIES SHALL NOT USE AN INSURANCE SCORE AS A RATING FACTOR.
(2) FOR NEW AND RENEWAL POLICIES EFFECTIVE ON AND AFTER OCTOBER 1, 2008, AN INSURER IN THE CONDUCT OF ITS BUSINESS OR ACTIVITIES SHALL NOT USE AN INSURANCE SCORE AS A BASIS TO REFUSE TO INSURE, REFUSE TO CONTINUE TO INSURE, OR LIMIT COVERAGE AVAILABLE.
SEC. 2157. (1) FOR NEW AND RENEWAL POLICIES EFFECTIVE ON OR AFTER OCTOBER 1, 2008, AN INSURER SHALL ADJUST BASE RATES AS FOLLOWS:
(A) CALCULATE THE SUM OF EARNED PREMIUM AT CURRENT RATE LEVEL FOR THE PERIOD JANUARY 1, 2007 THROUGH DECEMBER 31, 2007.
(B) CALCULATE THE SUM OF EARNED PREMIUM AT CURRENT RATE LEVEL WITH ALL INSURANCE SCORE DISCOUNTS ELIMINATED FOR THE PERIOD JANUARY 1, 2007 THROUGH DECEMBER 31, 2007.
(C) REDUCE BASE RATES BY THE FACTOR CREATED FROM THE DIFFERENCE OF THE NUMBER 1 AND THE RATIO OF THE AMOUNT OF SUBDIVISION (A) TO THE AMOUNT OF SUBDIVISION (B).
(2) THE INSURER SHALL FILE WITH THE COMMISSIONER A CERTIFICATION THAT IT HAS MADE THE BASE RATE ADJUSTMENT AND DOCUMENTATION DESCRIBING THE CALCULATION OF THE BASE RATES ADJUSTMENT. THE INSURER SHALL FILE THE CERTIFICATE AND DOCUMENTATION NOT LATER THAN AUGUST 1, 2008.
SEC. 2159. IF AN INSURER FAILS TO MAKE THE FILING REQUIRED UNDER SECTION 2157, THEN THE INSURER IN ANY PROCEEDING TO DETERMINE THE VALIDITY OF A PERSONAL INSURANCE RATE FILING SHALL BE SUBJECT TO THE PRESUMPTION THAT THE RATE FILING DOES NOT CONFORM TO RATE STANDARDS UNDER THIS CHAPTER OR CHAPTER 21, 24, OR 26.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Melton 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. 4412, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 21A.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Hildenbrand moved to amend the bill as follows:
1. Amend page 7, following line 1, by inserting:
“Enacting section 2. This amendment does not take effect unless House Bill 5565 of the 94th Legislature is enacted into law.”.
The motion was seconded and the amendment was not adopted, a majority of the members serving not 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. 306 Yeas—57
Accavitti Coulouris Jackson Miller
Angerer Cushingberry Johnson Polidori
Bauer Dean Jones, Robert Sak
Bennett Dillon Lahti Scott
Bieda Donigan Law, Kathleen Sheltrown
Brown Ebli Leland Simpson
Byrnes Espinoza Lemmons Smith, Alma
Byrum Farrah Lindberg Spade
Casperson Gillard Mayes Tobocman
Cheeks Gonzales McDowell Vagnozzi
Clack Hammel Meadows Valentine
Clemente Hammon Meisner Warren
Condino Hood Melton Wojno
Constan Hopgood Meltzer Young
Corriveau
Nays—49
Agema Hansen Meekhof Proos
Amos Hildenbrand Moolenaar Robertson
Ball Hoogendyk Moore Rocca
Booher Horn Moss Schuitmaker
Calley Huizenga Nitz Shaffer
Caswell Hune Nofs Sheen
Caul Jones, Rick Opsommer Stahl
DeRoche Knollenberg Palmer Stakoe
Elsenheimer LaJoy Palsrok Steil
Emmons Law, David Pastor Walker
Gaffney LeBlanc Pavlov Ward
Green Marleau Pearce Wenke
Griffin
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.
Rep. Knollenberg, 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 have concerns with HB4412. If we support this bill the vast majority of Michigan residents will see their premiums sky rocket.
Insurance scoring is a tool that rewards individuals and families for their low risk behavior. These are the facts: the better credit that individuals and families have, the less likely that they will make claims on their insurance.
It makes sense that fewer claims should be rewarded through lower premiums. I reiterate that if we support this bill the vast majority of Michigan residents will see their premiums go up.”
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:
This bill will increase the rates for most and subsidize rates for those that are at a higher risk. Presently rates can be reduced but can’t be raised via this scoring. This will cause rates to sky rocket.”
House Bill No. 5900, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending the title and section 23 (MCL 780.773), the title as amended by 1988 PA 22 and section 23 as amended by 1988 PA 21, and by adding section 12a.
(The bill was read a third time and postponed temporarily on April 16, see House Journal No. 34, p. 743.)
The question being on the passage of the bill,
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 3, line 19, after “WHO” by striking out the balance of the sentence and inserting “HAS BEEN EMPLOYED FOR AT LEAST 12 MONTHS BY THE EMPLOYER WITH RESPECT TO WHOM LEAVE IS REQUESTED AND HAS AT LEAST 1,250 HOURS OF SERVICE WITH SUCH EMPLOYER DURING THE PREVIOUS 12-MONTH PERIOD.”.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 3, following line 7, by inserting:
“(7) AN EMPLOYER MAY LIMIT THE LEAVE PROVIDED UNDER THIS ACT IF THE EMPLOYEE’S LEAVE WOULD CREATE AN UNDUE HARDSHIP TO THE EMPLOYER’S BUSINESS.” and renumbering the remaining subsections.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 2, line 10, after “(B)” by striking out the balance of the subdivision and inserting “A COPY OF THE NOTICE SENT TO THE VICTIM BY THE PROSECUTING ATTORNEY UNDER SECTION 6.”.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Caswell moved to substitute (H-2) the bill.
The motion was seconded.
The question being on the adoption of the substitute (H-2) offered by Rep. Caswell,
Rep. Caswell demanded the yeas and nays,
The demand was supported.
The question being on the adoption of the substitute (H-2) offered by Rep. Caswell,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 307 Yeas—49
Agema Hansen Moolenaar Robertson
Amos Hildenbrand Moore Rocca
Ball Hoogendyk Moss Schuitmaker
Booher Horn Nitz Scott
Calley Huizenga Nofs Shaffer
Casperson Hune Opsommer Sheen
Caswell Jones, Rick Palmer Stahl
Caul Knollenberg Palsrok Stakoe
DeRoche LaJoy Pastor Steil
Elsenheimer Marleau Pavlov Walker
Emmons Meekhof Pearce Ward
Gaffney Meltzer Proos Wenke
Green
Nays—58
Accavitti Cushingberry Johnson Miller
Angerer Dean Jones, Robert Polidori
Bauer Dillon Lahti Sak
Bennett Donigan Law, David Sheltrown
Bieda Ebli Law, Kathleen Simpson
Brown Espinoza LeBlanc Smith, Alma
Byrnes Farrah Leland Smith, Virgil
Byrum Gillard Lemmons Spade
Cheeks Gonzales Lindberg Tobocman
Clack Griffin Mayes Vagnozzi
Clemente Hammel McDowell Valentine
Condino Hammon Meadows Warren
Constan Hood Meisner Wojno
Corriveau Hopgood Melton Young
Coulouris Jackson
In The Chair: Sak
The question being on the passage of the bill,
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 3, line 8, by striking out all of subsection (7) and renumbering the remaining subsections.
The motion was seconded and the amendment was 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. 308 Yeas—98
Accavitti Dillon LaJoy Pearce
Agema Donigan Law, David Polidori
Amos Ebli Law, Kathleen Proos
Angerer Elsenheimer LeBlanc Robertson
Ball Emmons Leland Rocca
Bauer Espinoza Lemmons Sak
Bennett Farrah Lindberg Schuitmaker
Bieda Gaffney Marleau Scott
Booher Gillard Mayes Shaffer
Brown Gonzales McDowell Sheen
Byrnes Green Meadows Sheltrown
Byrum Griffin Meekhof Simpson
Casperson Hammel Meisner Smith, Alma
Caswell Hammon Melton Smith, Virgil
Caul Hansen Meltzer Spade
Cheeks Hildenbrand Miller Stahl
Clack Hood Moolenaar Stakoe
Clemente Hopgood Moore Tobocman
Condino Horn Moss Vagnozzi
Constan Huizenga Nofs Valentine
Corriveau Jackson Opsommer Walker
Coulouris Johnson Palsrok Warren
Cushingberry Jones, Rick Pastor Wojno
Dean Jones, Robert Pavlov Young
DeRoche Lahti
Nays—9
Calley Knollenberg Palmer Ward
Hoogendyk Nitz Steil Wenke
Hune
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.
______
Rep. Calley, 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:
Current law already grants the right of victims of crimes to attend court proceedings. This law is redundant.”
Second Reading of Bills
House Bill No. 5901, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 82 (MCL 780.832), as added by 1988 PA 21, and by adding section 72a.
The bill was read a second time.
Rep. Condino 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. Schuitmaker moved to amend the bill as follows:
1. Amend page 3, line 15, after “HAS” by striking out “25” and inserting “50”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 1, line 2, after “LEAVE” by inserting a comma and “REDUCED BY ANY LEAVE TAKEN UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993, 29 USC 2601 TO 2654,”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 3, line 9, after “WHO” by striking out the balance of the sentence and inserting “HAS BEEN EMPLOYED FOR AT LEAST 12 MONTHS BY THE EMPLOYER WITH RESPECT TO WHOM LEAVE IS REQUESTED AND HAS AT LEAST 1,250 HOURS OF SERVICE WITH SUCH EMPLOYER DURING THE PREVIOUS 12-MONTH PERIOD.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 2, following line 24, by inserting:
“(7) AN EMPLOYER MAY LIMIT THE LEAVE PROVIDED UNDER THIS ACT IF THE EMPLOYEE’S LEAVE WOULD CREATE AN UNDUE HARDSHIP TO THE EMPLOYER’S BUSINESS.” and renumbering the remaining subsections.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 1, line 10, after “(B)” by striking out the balance of the subdivision and inserting “A COPY OF THE NOTICE SENT TO THE VICTIM BY THE PROSECUTING ATTORNEY UNDER SECTION 66.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 2, line 25, by striking out all of subsection (7) and renumbering the remaining subsections.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Corriveau 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. 5901, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 82 (MCL 780.832), as added by 1988 PA 21, and by adding section 72a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 309 Yeas—71
Accavitti Dillon Lahti Robertson
Angerer Donigan LaJoy Rocca
Bauer Ebli Law, David Sak
Bennett Elsenheimer Law, Kathleen Schuitmaker
Bieda Espinoza LeBlanc Scott
Brown Farrah Leland Sheltrown
Byrnes Gaffney Lemmons Simpson
Byrum Gillard Lindberg Smith, Alma
Casperson Gonzales Mayes Smith, Virgil
Cheeks Griffin McDowell Spade
Clack Hammel Meadows Stakoe
Clemente Hammon Meisner Tobocman
Condino Hood Melton Vagnozzi
Constan Hopgood Miller Valentine
Corriveau Horn Moore Warren
Coulouris Jackson Nofs Wojno
Cushingberry Johnson Palsrok Young
Dean Jones, Robert Polidori
Nays—36
Agema Green Meekhof Pearce
Amos Hansen Meltzer Proos
Ball Hildenbrand Moolenaar Shaffer
Booher Hoogendyk Moss Sheen
Calley Huizenga Nitz Stahl
Caswell Hune Opsommer Steil
Caul Jones, Rick Palmer Walker
DeRoche Knollenberg Pastor Ward
Emmons Marleau Pavlov Wenke
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.
______
Rep. Caswell, 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:
According to the sponsor of 5900 limiting this bill to only firms with 50 or more employees is unconstitutional but is ok for 25 employees or more. This makes no sense.”
Rep. Calley, 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:
Current law already grants the right of victims of crimes to attend court proceedings. This law is redundant.”
Second Reading of Bills
House Bill No. 5902, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 50 (MCL 780.800), as added by 1988 PA 22, and by adding section 40a.
The bill was read a second time.
Rep. Condino 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. Schuitmaker moved to amend the bill as follows:
1. Amend page 3, line 16, after “HAS” by striking out “25” and inserting “50”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 1, line 2, after “LEAVE” by inserting a comma and “REDUCED BY ANY LEAVE TAKEN UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993, 29 USC 2601 TO 2654,”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 3, line 10, after “WHO” by striking out the balance of the sentence and inserting “HAS BEEN EMPLOYED FOR AT LEAST 12 MONTHS BY THE EMPLOYER WITH RESPECT TO WHOM LEAVE IS REQUESTED AND HAS AT LEAST 1,250 HOURS OF SERVICE WITH SUCH EMPLOYER DURING THE PREVIOUS 12-MONTH PERIOD.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 2, following line 25, by inserting:
“(7) AN EMPLOYER MAY LIMIT THE LEAVE PROVIDED UNDER THIS ACT IF THE EMPLOYEE’S LEAVE WOULD CREATE AN UNDUE HARDSHIP TO THE EMPLOYER’S BUSINESS.” and renumbering the remaining subsections.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 2, line 1, after “(B)” by striking out the balance of the subdivision and inserting “A COPY OF THE NOTICE SENT TO THE VICTIM BY THE PROSECUTING ATTORNEY UNDER SECTION 36.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 2, line 26, by striking out all of subsection (7) and renumbering the remaining subsections.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Coulouris 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. 5902, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 50 (MCL 780.800), as added by 1988 PA 22, and by adding section 40a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 310 Yeas—72
Accavitti Dean Jones, Robert Polidori
Amos Dillon Lahti Robertson
Angerer Donigan LaJoy Sak
Bauer Ebli Law, David Schuitmaker
Bennett Elsenheimer Law, Kathleen Scott
Bieda Espinoza LeBlanc Sheltrown
Brown Farrah Leland Simpson
Byrnes Gaffney Lemmons Smith, Alma
Byrum Gillard Lindberg Smith, Virgil
Casperson Gonzales Mayes Spade
Cheeks Griffin McDowell Stakoe
Clack Hammel Meadows Tobocman
Clemente Hammon Meisner Vagnozzi
Condino Hood Melton Valentine
Constan Hopgood Miller Walker
Corriveau Horn Moore Warren
Coulouris Jackson Nofs Wojno
Cushingberry Johnson Palsrok Young
Nays—35
Agema Hansen Meltzer Proos
Ball Hildenbrand Moolenaar Rocca
Booher Hoogendyk Moss Shaffer
Calley Huizenga Nitz Sheen
Caswell Hune Opsommer Stahl
Caul Jones, Rick Palmer Steil
DeRoche Knollenberg Pastor Ward
Emmons Marleau Pavlov Wenke
Green Meekhof Pearce
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.
______
Rep. Caswell, 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:
According to the sponsor of 5900 limiting this bill to only firms with 50 or more employees is unconstitutional but is ok for 25 employees or more. This makes no sense.”
Rep. Calley, 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:
Current law already grants the right of victims of crimes to attend court proceedings. This law is redundant.”
Second Reading of Bills
House Bill No. 4625, entitled
A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending sections 102, 103, and 202 (MCL 37.2102, 37.2103, and 37.2202), section 102 as amended by 1992 PA 124, section 103 as amended by 1999 PA 202, and section 202 as amended by 1991 PA 11.
The bill was read a second time.
Rep. Meekhof moved to amend the bill as follows:
1. Amend page 5, following line 10, by inserting:
“(E) OFFER OR PROVIDE SAME-SEX PARTNER BENEFITS TO ANY EMPLOYEE.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Bauer 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. 4625, entitled
A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending sections 102, 103, and 202 (MCL 37.2102, 37.2103, and 37.2202), section 102 as amended by 1992 PA 124, section 103 as amended by 1999 PA 202, and section 202 as amended by 1991 PA 11.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 311 Yeas—59
Accavitti Cushingberry Jackson Nofs
Angerer Dean Johnson Polidori
Bauer Dillon Jones, Robert Sak
Bennett Donigan Lahti Scott
Bieda Ebli Law, Kathleen Simpson
Brown Espinoza LeBlanc Smith, Alma
Byrnes Farrah Leland Smith, Virgil
Byrum Gaffney Lemmons Spade
Cheeks Gillard Lindberg Tobocman
Clack Gonzales Mayes Vagnozzi
Clemente Griffin McDowell Valentine
Condino Hammel Meadows Warren
Constan Hammon Meisner Wojno
Corriveau Hood Melton Young
Coulouris Hopgood Miller
Nays—48
Agema Hansen Meltzer Robertson
Amos Hildenbrand Moolenaar Rocca
Ball Hoogendyk Moore Schuitmaker
Booher Horn Moss Shaffer
Calley Huizenga Nitz Sheen
Casperson Hune Opsommer Sheltrown
Caswell Jones, Rick Palmer Stahl
Caul Knollenberg Palsrok Stakoe
DeRoche LaJoy Pastor Steil
Elsenheimer Law, David Pavlov Walker
Emmons Marleau Pearce Ward
Green Meekhof Proos Wenke
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.
______
Rep. Calley, 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:
This bill is NOT equal pay for equal work. It sets up a government system for setting wages in the private sector according to very subjective standards.”
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:
This bill is not equal work for equal pay. It’s comparable worth which brings up a host of government intrusion into the work force, Near socialistic!!!”
Second Reading of Bills
House Bill No. 4626, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 556 (MCL 750.556).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Labor,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Byrnes 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. 4626, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 556 (MCL 750.556).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 312 Yeas—59
Accavitti Cushingberry Jackson Nofs
Angerer Dean Johnson Polidori
Bauer Dillon Jones, Robert Sak
Bennett Donigan Lahti Scott
Bieda Ebli Law, Kathleen Simpson
Brown Espinoza LeBlanc Smith, Alma
Byrnes Farrah Leland Smith, Virgil
Byrum Gaffney Lemmons Spade
Cheeks Gillard Lindberg Tobocman
Clack Gonzales Mayes Vagnozzi
Clemente Griffin McDowell Valentine
Condino Hammel Meadows Warren
Constan Hammon Meisner Wojno
Corriveau Hood Melton Young
Coulouris Hopgood Miller
Nays—48
Agema Hansen Meltzer Robertson
Amos Hildenbrand Moolenaar Rocca
Ball Hoogendyk Moore Schuitmaker
Booher Horn Moss Shaffer
Calley Huizenga Nitz Sheen
Casperson Hune Opsommer Sheltrown
Caswell Jones, Rick Palmer Stahl
Caul Knollenberg Palsrok Stakoe
DeRoche LaJoy Pastor Steil
Elsenheimer Law, David Pavlov Walker
Emmons Marleau Pearce Ward
Green Meekhof Proos Wenke
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.
______
Rep. Tobocman moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
By unanimous consent the House considered House Resolution No. 334 out of numerical order.
Reps. Sak, Angerer, Accavitti, Ball, Bauer, Bieda, Booher, Brown, Clack, Constan, Dean, Griffin, Hammel, Hammon, Hopgood, Rick Jones, LeBlanc, Lemmons, Meadows, Opsommer, Polidori, Proos, Shaffer, Sheltrown, Simpson, Spade, Stahl, Tobocman, Vagnozzi, Valentine, Warren, Cushingberry, Robert Jones, Lahti and Marleau offered the following resolution:
House Resolution No. 334.
A resolution to recognize the Michigan Home Health Association as they celebrate their 20th annual Legislative Day on Tuesday, April 22, 2008.
Whereas, Established in 1981, the Michigan Home Health Association (MHHA) is the state trade association for providers of home health care. The association provides a unified voice for all components of home health care and promotes high standards of patient care in the delivery of home health services. The association advocates for the role of home care services within the total health care system. Its membership consists of over 300 certified, private duty, hospice, home medical equipment and pharmacy-infusion organizations; and
Whereas, The Michigan Home Health Association is the unified voice, principal resource and advocate for the success of its member organizations as best practice providers of home health, hospice, private duty, home medical equipment and pharmacy-infusion services for the residents of Michigan; and
Whereas, The Michigan Home Health Association has been active in educating federal and state legislators and regulatory bodies on the merits of home care and how it can be used most efficiently. Home care is an important component of the health care continuum; and, as society ages and health care costs increase, home care will continue to offer cost effective alternatives to institutional care; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize the Michigan Home Health Association as they celebrate their 20th annual Legislative Day on Tuesday, April 22, 2008.
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Friday, April 18:
House Bill Nos. 5995 5996 5997 5998 5999 6000 6001
Senate Bill Nos. 1256 1257 1258 1259 1260 1261 1262 1263
Senate Joint Resolution M
The Clerk announced the enrollment printing and presentation to the Governor on Monday, April 21, for her approval of the following bills:
Enrolled House Bill No. 5344 at 1:48 p.m.
Enrolled House Bill No. 5531 at 1:50 p.m.
The Clerk announced that the following Senate bills had been received on Tuesday, April 22:
Senate Bill Nos. 1198 1217
Reports of Standing Committees
The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported
House Bill No. 5936, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 720, 723, 724, 728, and 734 (MCL 339.720, 339.723, 339.724, 339.728, and 339.734), sections 720 and 724 as added by 1997 PA 10, sections 723 and 734 as amended by 2005 PA 278, and section 728 as amended by 2000 PA 334, and by adding sections 727a and 734a.
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. Coulouris, Clemente, Mayes, Virgil Smith, Robertson, Green and Calley
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Coulouris, Chair, of the Committee on Banking and Financial Services, was received and read:
Meeting held on: Tuesday, April 22, 2008
Present: Reps. Coulouris, Johnson, Clemente, Mayes, Virgil Smith, Robertson, Green and Calley
Absent: Rep. Moore
Excused: Rep. Moore
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 5697, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40107a (MCL 324.40107a), as amended by 2003 PA 242.
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. Sheltrown, Ebli, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson, Walker and Horn
Nays: None
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 5969, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 5b, 8, and 9 (MCL 28.422, 28.425b, 28.428, and 28.429), section 2 as amended by 2004 PA 101, section 5b as amended by 2006 PA 350, section 8 as amended by 2000 PA 381, and section 9 as amended by 2004 PA 100.
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. Sheltrown, Ebli, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson, Walker and Horn
Nays: None
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 5983, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40107a (MCL 324.40107a), as amended by 2003 PA 242.
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. Sheltrown, Ebli, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson, Walker and Horn
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:
Meeting held on: Tuesday, April 22, 2008
Present: Reps. Sheltrown, Ebli, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson, Walker, Stakoe and Horn
The Committee on Commerce, by Rep. Meisner, Chair, reported
House Bill No. 5681, entitled
A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending sections 106, 141, 143, 404, 405, 407, 413, 421, 441, 446, 451, 505, 521, 525, 548, 611, 901, 1103, and 1144 (MCL 450.2106, 450.2141, 450.2143, 450.2404, 450.2405, 450.2407, 450.2413, 450.2421, 450.2441, 450.2446, 450.2451, 450.2505, 450.2521, 450.2525, 450.2548, 450.2611, 450.2901, 450.3103, and 450.3144), section 611 as amended and sections 1103 and 1144 as added by 1984 PA 209, and by adding section 404a.
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. Meisner, Accavitti, Byrum, Clemente, Coulouris, Dean, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meisner, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, April 22, 2008
Present: Reps. Meisner, Accavitti, Byrum, Clemente, Coulouris, Dean, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer
Absent: Rep. Robert Jones
Excused: Rep. Robert Jones
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, April 17, 2008
Present: Reps. Cushingberry, Gillard, Bauer, Cheeks, Gonzales, Hammel, Hood, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Amos, Booher, Caul, Hansen, Proos, Agema, Moss and Nofs
Absent: Reps. Bennett, Byrnes, Espinoza, Jackson and Brandenburg
Excused: Reps. Bennett, Byrnes, Espinoza, Jackson and Brandenburg
Messages from the Senate
House Bill No. 5463, entitled
A bill to amend 2007 PA 36, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” by amending section 410 (MCL 208.1410).
The Senate has concurred in the House amendments to the Senate substitute (S-4).
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Bill No. 1198, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 417 and 441 (MCL 208.1417 and 208.1441).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1217, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), as amended by 2007 PA 145.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Intergovernmental, Urban and Regional Affairs from further consideration of House Bill No. 5507.
Rep. Hoogendyk
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of Senate Bill No. 776.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of Senate Bill No. 1049.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of Senate Bill No. 1059.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4613.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 5664.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 5650.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4651.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4652.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4653.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4654.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4655.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4656.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4660.
Rep. Tobocman
Messages from the Governor
Date: April 18, 2008
Time: 3:16 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5865 (Public Act No. 100, I.E.), being
An act to amend 1984 PA 270, entitled “An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts,” (MCL 125.2001 to 125.2094) by adding chapter 8B.
(Filed with the Secretary of State April 18, 2008, at 4:15 p.m.)
Date: April 18, 2008
Time: 4:00 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5866 (Public Act No. 101, I.E.), being
An act to amend 2005 PA 226, entitled “An act to create the Michigan tobacco settlement finance authority; to create funds and accounts; to provide for the sale by this state and the purchase by the authority of all or a portion of tobacco settlement assets; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority, the state administrative board, the state treasurer, and certain other state officials and state employees; and to make appropriations and prescribe certain conditions for the appropriations,” by amending section 8 (MCL 129.268), as amended by 2007 PA 18.
(Filed with the Secretary of State April 18, 2008, at 4:17 p.m.)
Date: April 18, 2008
Time: 4:02 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5867 (Public Act No. 102, I.E.), being
An act to amend 2000 PA 489, entitled “An act to create certain funds; to provide for the allocation of certain revenues among certain funds and for the operation, investment, and expenditure of certain funds; and to impose certain duties and requirements on certain state officials,”
by amending section 8 (MCL 12.258), as added by 2005 PA 232.
(Filed with the Secretary of State April 18, 2008, at 4:19 p.m.)
Introduction of Bills
Reps. Lindberg, Kathleen Law, Hopgood, McDowell, Sheltrown, Byrnes, Lahti, Robert Jones, Gillard, Valentine, Alma Smith, Brown, Vagnozzi, Cushingberry, Miller, Meisner, Simpson, Spade, Gonzales, Polidori, Leland, Donigan, Condino, Espinoza, Hammon, Bieda, Lemmons, Dean, Meadows, Warren, Hood, Gaffney, Hune, Hammel, Hansen, Nofs and Bauer introduced
House Bill No. 6002, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1901 and 1903 (MCL 324.1901 and 324.1903), section 1901 as added by 1995 PA 60 and section 1903 as amended by 2002 PA 52, and by adding sections 1911, 1912, 1913, 1914, 1915, 1916, 1917, 1918, 1919, 1920, 1921, 1922, 1923, 1924, 1925, 1926, 1927, and 1928.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Rep. Sak introduced
House Bill No. 6003, entitled
A bill to amend 1917 PA 350, entitled “An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act,” by amending the title and sections 1, 2, 3, 4, and 5 (MCL 445.401, 445.402, 445.403, 445.404, and 445.405), sections 1, 2, 3, 4, and 5 as amended by 2006 PA 675.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Wenke, Rick Jones, Huizenga, Horn, Hammel, Wojno, Caswell and Agema introduced
House Bill No. 6004, entitled
A bill to amend 1948 (2nd Ex Sess) PA 5, entitled “An act to provide for the payment of compensation, mileage and expenses of the members of the legislature,” by amending section 4 (MCL 4.514).
The bill was read a first time by its title and referred to the Committee on Oversight and Investigations.
Reps. Lindberg, Kathleen Law, Hopgood, McDowell, Sheltrown, Byrnes, Lahti, Robert Jones, Gillard, Valentine, Alma Smith, Brown, Vagnozzi, Miller, Cushingberry, Meisner, Simpson, Spade, Gonzales, Polidori, Leland, Donigan, Condino, Espinoza, Hammon, Bieda, Lemmons, Dean, Meadows, Warren, Hood, Gaffney, Hune, Hammel, Hansen, Nofs and Bauer introduced
House Joint Resolution ZZ, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 35 of article IX, to increase the allowable annual expenditures from the Michigan natural resources trust fund and to authorize the issuance of bonds and notes for the purposes of the Michigan natural resources trust fund.
The joint resolution was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
______
Rep. LeBlanc moved that the House adjourn.
The motion prevailed, the time being 5:20 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, April 23, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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