No. 13
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Wednesday, February 14, 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--excused Robertson--present
Angerer--present Emmons--present LeBlanc--present Rocca--present
Ball--present Espinoza--present Leland--present Sak--present
Bauer--present Farrah--present Lemmons--excused 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--excused
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--excused
Dean--present Jones, Robert--excused Pavlov--present Young--present
DeRoche--present Knollenberg--present
e/d/s = entered during session
Rep. Tom Casperson, from the 108th District, offered the following invocation:
"Heavenly Father, we come together today, Lord, and we praise You. We lift You up and exalt You, Lord. Lord, You are the Alpha and the Omega, the beginning and the end, You are the Almighty. Lord, when we come to You we understand that You have all knowledge and all wisdom, we ask that You would bestow that upon us. Lord, we ask for Your guidance as we move forward in this state. Lord, You have placed us here to make decisions for the people of the state of Michigan. Lord, help us to make those decisions with Your heart and Your wisdom. We ask these things in Jesus' name, Amen."
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Rep. Booher moved that Rep. Steil be excused from today's session.
The motion prevailed.
Rep. Tobocman moved that Reps. Robert Jones, Kathleen Law, Lemmons and Wojno be excused from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4120, entitled
A bill to amend 1964 PA 284, entitled "City income tax act," (MCL 141.501 to 141.787) by adding section 10 to chapter 1 and section 36 to chapter 2.
The bill was read a second time.
Rep. Bauer moved to amend the bill as follows:
1. Amend page 2, following line 4, by inserting:
"(3) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A CITY THAT HAS INCLUDED 1 OR MORE CHECKOFFS ON ITS ANNUAL RETURN FORM BEFORE JANUARY 1, 2007 IS CONSIDERED TO HAVE COMPLIED WITH THIS SECTION AND SECTION 36 OF CHAPTER 2 AND THOSE CHECKOFFS FOR EACH YEAR THAT THE CONTRIBUTION DESIGNATIONS REMAIN IN EFFECT ARE CONSIDERED RATIFIED, BINDING, AND ENFORCEABLE AS IF THE AMENDMENT TO INCLUDE SECTION 36 OF CHAPTER 2 IN ITS CITY INCOME TAX ORDINANCE WERE ADOPTED IN ACCORDANCE WITH THIS SECTION.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Bauer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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 Tuesday, February 13:
Senate Bill Nos. 192 193 194 195
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, February 14:
House Bill Nos. 4249 4250 4251 4252 4253 4254 4255 4256 4257 4258 4259 4260 4261 4262
4263 4264 4265 4266 4267
The Clerk announced that the following Senate bills had been received on Wednesday, February 14:
Senate Bill Nos. 166 184
Reports of Standing Committees
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 4044, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2946 (MCL 600.2946), as amended by 1995 PA 249.
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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, David Law, Rick Jones and Rocca
Nays: Reps. Schuitmaker, Elsenheimer and Stakoe
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 4045, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5805 (MCL 600.5805), as amended by 2002 PA 715.
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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Virgil Smith, Warren and Rocca
Nays: Reps. Scott, Schuitmaker, Elsenheimer, Stakoe and Rick Jones
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 4046, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending sections 2 and 3 (MCL 445.902 and 445.903), as amended by 2006 PA 508.
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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren and Rocca
Nays: Reps. Schuitmaker, Elsenheimer, Stakoe and Rick Jones
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Condino, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, February 14, 2007
Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca
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, February 14, 2007
Present: Reps. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lindberg, Melton, Miller, Nofs, Palsrok, Garfield, Huizenga, Moolenaar and Opsommer
Absent: Reps. Lemmons and Horn
Excused: Reps. Lemmons and Horn
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, February 14, 2007
Present: Reps. Byrum, Young, Coulouris, Griffin, Meadows, Pavlov, Nitz, Meekhof and Opsommer
Absent: Reps. Farrah and Johnson
Excused: Reps. Farrah and Johnson
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, February 14, 2007
Present: Reps. Clack, Dean, Accavitti, Hammon, Stahl and Hoogendyk
Absent: Reps. Wojno, Sheen and Palmer
Excused: Reps. Wojno, Sheen and Palmer
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, February 14, 2007
Present: Reps. Bieda, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Pastor, Palmer, Wenke and Calley
Absent: Reps. Condino, Farrah, Robert Jones and Steil
Excused: Reps. Condino, Farrah, Robert Jones and Steil
Messages from the Senate
Senate Bill No. 166, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies and capital outlay for the fiscal year ending September 30, 2006; to provide for the expenditure of the appropriations; 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 Appropriations.
Senate Bill No. 184, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending sections 371 and 395 (MCL 18.1371 and 18.1395), section 371 as amended by 1999 PA 8 and section 395 as amended by 1988 PA 504.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Introduction of Bills
Reps. Vagnozzi, Miller, Meadows, Clack, Tobocman, Cushingberry, Angerer, Constan and Polidori introduced
House Bill No. 4268, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27a (MCL 211.27a), as amended by 2006 PA 446.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Vagnozzi introduced
House Bill No. 4269, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2843 (MCL 333.2843), as amended by 2002 PA 691.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Vagnozzi introduced
House Bill No. 4270, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 3805 (MCL 700.3805), as amended by 2000 PA 177.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Bieda introduced
House Bill No. 4271, 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 the state; to prescribe certain powers and duties of the state treasurer; 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 section 28 (MCL 205.28), as amended by 2003 PA 114, and by adding section 3b.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Condino introduced
House Bill No. 4272, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3b of chapter XI (MCL 771.3b), as amended by 1998 PA 49.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Melton introduced
House Bill No. 4273, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1311g (MCL 380.1311g),as amended by 2005 PA 28.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Hopgood introduced
House Bill No. 4274, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 806 (MCL 257.806), as amended by 2006 PA 526.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Hopgood introduced
House Bill No. 4275, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 809 (MCL 257.809), as amended by 2005 PA 141.
The bill was read a first time by its title and referred to the Committee on Transportation.
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Rep. Spade moved that the House adjourn.
The motion prevailed, the time being 2:00 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, February 15, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives