No. 88

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Sunday, September 16, 2007.

12:01 a.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--excused 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--excused 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. Ed Clemente, from the 14th District, offered the following invocation:

"Ghandi once said that 'Happiness is when what you think, what you say, and what you do are in harmony.' Let us give thanks for this opportunity to be servant leaders in this noble career of public service. It is with great humbleness, as a first generation American that I invite this body to share the lessons passed on to me by my parents. These lessons of kindness and the giving of one's self were necessary for my parents to succeed in their new country. They taught me to respect God, and that we are only guaranteed 3 things: Life, death and free will. They also taught me to remember that there are always people greater than you, and people less fortunate than you. With these lessons in mind, let us remember, whether you are a Christian, Jew, Muslim, Hindu, Buddhist, or of another faith, we are all equal in God's eyes. Most faiths follow the principle of the Golden Rule 'To do onto others as you would have them do unto you'. It is our responsibility in public service to make a constructive contribution to this State so that we too may achieve our harmony. Amen."

______

Rep. Ward moved that Reps. Agema and Green be excused from today's session.

The motion prevailed.

Motions and Resolutions

Rep. Tobocman moved that there be a Call of the House.

The motion prevailed, a majority of the members present voting therefor.

Proceedings Under the Call

The roll of the House was called by the Clerk and Reps. Agema, Caul, Green and Palmer were reported absent.

______

Rep. Tobocman moved that the Sergeant at Arms be dispatched after the absentees.

The motion prevailed.

______

Rep. Tobocman moved that the House proceed with the business under the Call.

The motion prevailed.

Third Reading of Bills

House Bill No. 5194, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 30, 51, 261, 266, and 270 (MCL 206.30, 206.51, 206.261, 206.266, and 206.270), section 30 as amended by 2005 PA 214, section 51 as amended by 1999 PA 6, section 261 as amended by 2000 PA 195, section 266 as amended by 2006 PA 52, and section 270 as amended by 2005 PA 234; and to repeal acts and parts of acts.

(The bill was read a third time and postponed temporarily on September 14, see House Journal No. 86, p. 1442; vote considered and postponed temporarily on September 15, see House Journal No. 87, p. 1450.)

The question being on the passage of the bill,

Rep. Tobocman moved that consideration of the bill be postponed temporarily.

The motion prevailed.

______

Rep. Tobocman moved that the Call of the House be lifted.

The motion prevailed.

Quorum Call

Rep. Tobocman questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

Roll Call No. 370 Yeas--103

Accavitti Ebli Law, Kathleen Proos

Acciavatti Elsenheimer LeBlanc Robertson

Amos Emmons Leland Rocca

Angerer Espinoza Lemmons Sak

Ball Farrah Lindberg Schuitmaker

Bauer Garfield Marleau Scott

Bennett Gillard Mayes Shaffer

Bieda Gonzales McDowell Sheen

Booher Griffin Meadows Sheltrown

Brandenburg Hammel Meekhof Simpson

Brown Hammon Meisner Smith, Alma

Byrnes Hansen Melton Smith, Virgil

Byrum Hildenbrand Meltzer Spade

Calley Hood Miller Stahl

Caul Hoogendyk Moolenaar Stakoe

Cheeks Hopgood Moore Steil

Clack Horn Moss Tobocman

Clemente Hune Nitz Vagnozzi

Condino Jackson Nofs Valentine

Constan Johnson Opsommer Walker

Corriveau Jones, Rick Palmer Ward

Coulouris Jones, Robert Palsrok Warren

Dean Knollenberg Pastor Wenke

DeRoche Lahti Pavlov Wojno

Dillon LaJoy Pearce Young

Donigan Law, David Polidori

In The Chair: Sak

The House returned to the consideration of

House Bill No. 5194, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 30, 51, 261, 266, and 270 (MCL 206.30, 206.51, 206.261, 206.266, and 206.270), section 30 as amended by 2005 PA 214, section 51 as amended by 1999 PA 6, section 261 as amended by 2000 PA 195, section 266 as amended by 2006 PA 52, and section 270 as amended by 2005 PA 234; and to repeal acts and parts of acts.

(The bill was considered earlier today, see today's Journal, p. 1462.)

The question being on the passage of the bill,

Rep. Tobocman moved that consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that when the House adjourns today it stand adjourned until Monday, September 17, at 12:01a.m.

The motion prevailed.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 4797.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 4798.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 546.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 547.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Oversight and Investigations from further consideration of House Bill No. 4975.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Oversight and Investigations from further consideration of House Bill No. 4976.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 5167.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 5006.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 4600.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 4601.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Military and Veterans Affairs and Homeland Security from further consideration of House Bill No. 4977.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 5005.

Rep. Tobocman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Oversight and Investigations from further consideration of House Bill No. 4542.

Rep. Tobocman

______

Rep. Dean moved that the House adjourn.

The motion prevailed, the time being 11:59 p.m.

The Speaker Pro Tempore declared the House adjourned until Monday, September 17, at 12:01 a.m.

RICHARD J. BROWN

Clerk of the House of Representatives