No. 5
State of Michigan
JOURNAL
OF THE
House of Representatives
94th Legislature
REGULAR SESSION OF 2008
House Chamber, Lansing, Wednesday, January 23, 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—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—excused
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—excused Palsrok—present Wenke—present
Cushingberry—excused 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. Tim Melton, from the 29th District, offered the following invocation:
“Father God, we thank You, we give You glory, we give You honor, we give You praise.
We pray that we lean not to our own understanding and that we continually acknowledge You in all our ways, that You may direct our paths, for we know the steps of good men/women are directed of You.
Thank You for giving us strength, wisdom, understanding, guidance and faith to complete the assignments You have given each and everyone of us. Lord we pray that You bless our families, our community, our schools and this great state that we serve.
For we are blessed coming in and blessed going out, and that we shall prosper and be in good health even as our souls prosper. Lord we thank You for Your presence today for we know in Your presence is the fullness of joy and the joy of the Lord is our strength, and we thank You for the victory in our lives.
In Jesus name! Amen.”
______
Rep. Booher moved that Rep. Stakoe be excused from today’s session.
The motion prevailed.
Rep. Miller moved that Reps. Cushingberry and Johnson be excused from today’s session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4064, entitled
A bill to establish the state home heating credit fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the home heating credit fund.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Energy and Technology,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Nofs 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. Nofs moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Hansen moved that Rep. Huizenga be excused temporarily from today’s session.
The motion prevailed.
Rep. Proos moved that Rep. Acciavatti 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. 4064, entitled
A bill to establish the state home heating credit fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the home heating credit fund.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 6 Yeas—105
Accavitti Donigan LaJoy Pearce
Agema Ebli Law, David Polidori
Amos Elsenheimer Law, Kathleen Proos
Angerer Emmons LeBlanc Robertson
Ball Espinoza Leland Rocca
Bauer Farrah Lemmons Sak
Bennett Gaffney Lindberg Schuitmaker
Bieda Garfield Marleau Scott
Booher Gillard Mayes Shaffer
Brandenburg Gonzales McDowell Sheen
Brown Green Meadows Sheltrown
Byrnes Griffin Meekhof Simpson
Byrum Hammel Meisner Smith, Alma
Calley Hammon Melton Smith, Virgil
Casperson Hansen Meltzer Spade
Caswell Hildenbrand Miller Stahl
Caul Hood Moolenaar Steil
Cheeks Hoogendyk Moore Tobocman
Clack Hopgood Moss Vagnozzi
Clemente Horn Nitz Valentine
Condino Hune Nofs Walker
Constan Jackson Opsommer Ward
Corriveau Jones, Rick Palmer Warren
Coulouris Jones, Robert Palsrok Wenke
Dean Knollenberg Pastor Wojno
DeRoche Lahti Pavlov Young
Dillon
Nays—0
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to establish the home heating credit fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Agema, Angerer, Ball, Bauer, Bieda, Booher, Brandenburg, Brown, Byrnes, Calley, Casperson, Caswell, Caul, Constan, Corriveau, Ebli, Farrah, Gaffney, Garfield, Gillard, Gonzales, Griffin, Hammel, Hammon, Hansen, Hildenbrand, Hopgood, Horn, Hune, Jackson, Robert Jones, Knollenberg, Lahti, David Law, Kathleen Law, LeBlanc, Lemmons, Lindberg, Marleau, Mayes, Meekhof, Meisner, Melton, Meltzer, Moore, Moss, Nitz, Opsommer, Palmer, Palsrok, Pearce, Polidori, Proos, Rocca, Sak, Schuitmaker, Scott, Sheltrown, Simpson, Alma Smith, Spade, Stahl, Steil, Tobocman, Vagnozzi, Valentine and Wojno were named co‑sponsors of the bill.
Second Reading of Bills
House Bill No. 4280, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 436.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Energy and Technology,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Accavitti moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Accavitti moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 4280, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 436.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 7 Yeas—106
Accavitti Dillon LaJoy Pearce
Acciavatti Donigan Law, David Polidori
Agema Ebli Law, Kathleen Proos
Amos Elsenheimer LeBlanc Robertson
Angerer Emmons Leland Rocca
Ball Espinoza Lemmons Sak
Bauer Farrah Lindberg Schuitmaker
Bennett Gaffney Marleau Scott
Bieda Garfield Mayes Shaffer
Booher Gillard McDowell Sheen
Brandenburg Gonzales Meadows Sheltrown
Brown Green Meekhof Simpson
Byrnes Griffin Meisner Smith, Alma
Byrum Hammel Melton Smith, Virgil
Calley Hammon Meltzer Spade
Casperson Hansen Miller Stahl
Caswell Hildenbrand Moolenaar Steil
Caul Hood Moore Tobocman
Cheeks Hoogendyk Moss Vagnozzi
Clack Hopgood Nitz Valentine
Clemente Horn Nofs Walker
Condino Hune Opsommer Ward
Constan Jackson Palmer Warren
Corriveau Jones, Rick Palsrok Wenke
Coulouris Jones, Robert Pastor Wojno
Dean Knollenberg Pavlov Young
DeRoche Lahti
Nays—0
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as added by 2007 PA 133.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Acciavatti, Agema, Amos, Angerer, Ball, Bauer, Bieda, Booher, Brandenburg, Brown, Byrnes, Calley, Caswell, Caul, Clack, Clemente, Constan, Corriveau, Dean, Ebli, Emmons, Espinoza, Farrah, Gaffney, Garfield, Gonzales, Griffin, Hammel, Hammon, Hansen, Hildenbrand, Hopgood, Horn, Hune, Jackson, Rick Jones, Robert Jones, Knollenberg, LaJoy, David Law, LeBlanc, Leland, Lemmons, Lindberg, Marleau, Mayes, Meadows, Meekhof, Melton, Meltzer, Moolenaar, Moore, Nitz, Nofs, Opsommer, Palmer, Palsrok, Pearce, Polidori, Proos, Rocca, Sak, Schuitmaker, Scott, Shaffer, Sheltrown, Simpson, Alma Smith, Spade, Stahl, Steil, Tobocman, Vagnozzi, Warren, Wenke and Wojno were named co‑sponsors of the bill.
______
Rep. Angerer 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
Reps. Caswell, Shaffer, Stahl, Booher, Sheen, Griffin, Brown, Green, Ball, Bieda, Clack, Dean, Espinoza, Gonzales, Hammel, Hansen, Horn, Rick Jones, LaJoy, LeBlanc, Lemmons, Marleau, Moss, Nitz, Opsommer, Pearce, Proos, Rocca, Sak, Schuitmaker, Sheltrown, Alma Smith, Steil, Vagnozzi, Valentine and Wojno offered the following resolution:
House Resolution No. 254.
A resolution to urge the United States President, Congress, and Environmental Protection Agency to study and fund compact fluorescent lamp recycling and disposal programs to prevent mercury pollution.
Whereas, In December, 2007, the United States President and Congress enacted H.R. 6, the Energy Independence and Security Act of 2007, to reduce the country’s energy consumption. Under the law, the use of energy-draining incandescent light bulbs will be phased out beginning in 2012. Incandescent light bulbs, which are the standard in homes throughout the country, require relatively large amounts of electricity to produce light, generate a substantial amount of heat that wastes energy, and require frequent replacement; and
Whereas, Energy-efficient compact fluorescent lamps (CFLs) are the likely replacement for incandescent bulbs. CFLs produce light using one quarter of the energy of an incandescent bulb, while wasting less energy through heat loss. CFLs also last about 5 to 15 times longer than incandescent bulbs. As CFL use increases, the country will save energy and avoid emissions from fossil fuel-fired electric power plants; and
Whereas, The energy savings of CFLs are indisputable. But, CFLs are not environmentally benign. Mercury is an essential component of CFLs and the reason the bulb is an efficient light source. Each CFL contains about 5 milligrams of mercury sealed in the glass tube. The mercury in individual CFLs does not pose a significant health risk; and
Whereas, However, CFLs that are not recycled or properly disposed of will accumulate in landfills throughout the country. Landfills provide optimal conditions for the mercury in mercury-containing products to leech out and potentially contaminate soil and water. Mercury in water bodies poses a health risk to humans and wildlife; and
Whereas, Clearly, The country must reduce its energy consumption. Replacing energy-wasting incandescent bulbs with CFLs is prudent. However, the government must devote adequate resources to develop effective CFL recycling options and disposal methods to prevent the mercury in CFLs from polluting the nation’s soil and water; now, therefore, be it
Resolved by the House of Representatives, That we urge the United States President, Congress, and Environmental Protection Agency to study and fund compact fluorescent lamp recycling and disposal programs to prevent mercury pollution; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the Office of the Administrator of the United States Environmental Protection Agency.
The resolution was referred to the Committee on Great Lakes and Environment.
Reps. David Law, LaJoy, Brandenburg, Rocca, Amos, Rick Jones, Meltzer, Nitz, Schuitmaker, Moss, Gaffney, Meekhof, Palsrok, Ball, Bieda, Booher, Brown, Calley, Casperson, Constan, Dean, Espinoza, Hammel, Hansen, Horn, LeBlanc, Lemmons, Marleau, Opsommer, Pastor, Pearce, Proos, Sak, Scott, Shaffer, Sheltrown, Stahl, Steil, Vagnozzi, Valentine, Walker and Wojno offered the following resolution:
House Resolution No. 255.
A resolution to encourage the other Great Lakes states and the province of Ontario to enact legislation similar to 2005 PA 33 regulating ballast water discharges into the Great Lakes by oceangoing vessels.
Whereas, Since the opening of the St. Lawrence Seaway, more than 30 aquatic invasive species have been introduced into the Great Lakes from ballast water discharges by oceangoing ships. Despite federal regulations, oceangoing ships entering the Great Lakes continue to introduce one to two new species, with potentially devastating impacts, into the Great Lakes each year; and
Whereas, The Great Lakes states and the province of Ontario share a common interest in preventing new introductions of aquatic invasive species. Once introduced and established, these invaders are nearly impossible to eradicate and can spread from their initial port of introduction throughout the Great Lakes with no respect for jurisdictional boundaries. All the Great Lakes states and provinces must then live with the irrevocable changes to the Great Lakes and costs to contain the damage caused by these exotic plants and animals; and
Whereas, In the absence of effective and timely federal law, Michigan passed the first state law (2005 PA 33) requiring oceangoing ships to treat their ballast water or refrain from discharging ballast water in Michigan’s Great Lakes water. The United States District Court recently dismissed a challenge to Michigan’s law by the shipping industry, confirming the power of states to protect their waters; and
Whereas, Michigan’s law is only fully effective at protecting the Great Lakes from aquatic invasive species if the other Great Lakes states and the province of Ontario pass similar legislation. Aquatic invasive species may continue to be introduced into ports outside of Michigan and spread throughout the Great Lakes despite Michigan’s efforts to require ballast water treatment; now, therefore, be it
Resolved by the House of Representatives, That we encourage the other Great Lakes states and the province of Ontario to enact legislation similar to 2005 PA 33 regulating ballast water discharges into the Great Lakes by oceangoing vessels; and be it further
Resolved, That copies of this resolution be transmitted to the governors of Illinois, Indiana, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin and the premier of Ontario.
The resolution was referred to the Committee on Great Lakes and Environment.
Reps. Bauer, Byrum, LeBlanc, Clemente, McDowell, Corriveau, Bieda, Byrnes, Cheeks, Hopgood, Miller, Meisner, Gonzales, Spade, Polidori, Brown, Bennett, Lemmons, Farrah, Hune, Virgil Smith, Leland, Robert Jones, Alma Smith, Vagnozzi, Constan, Hood, Clack, Hammon, Dean, Gillard, Lindberg, Ball, Pearce, Emmons, Shaffer, Rick Jones, Nofs, Sheltrown, Calley, Green, Horn, Schuitmaker, Elsenheimer, Accavitti, Angerer, Melton, Espinoza, Caul, Sak, Young, Valentine, Meadows, Griffin, Simpson, Condino, Ebli, Tobocman, Moss, Hammel, Gaffney, Coulouris, Wojno, Kathleen Law and Donigan offered the following resolution:
House Resolution No. 256.
A resolution congratulating the Capital Area Transportation Authority on receiving the 2007 Outstanding Transportation System Achievement Award.
Whereas, The American Public Transportation Association (APTA) honors one public transportation system in North America each year which demonstrates the highest levels of efficiency and effectiveness; and
Whereas, Over the years, the Capital Area Transportation Authority (CATA) has excelled in providing the public with safe and reliable transportation and exceptional customer service, while demonstrating a strong commitment to the community; and
Whereas, Through years of strong leadership guided by CATA’s CEO/Executive Director Sandra Draggoo and current CATA Board members Patricia Munshaw, Peter Kuhnmuench, Joseph Sambaer, Dirck Terwilliger, R. John Strolle, Ralph Monsma, Jean Golden, Walter Dell, Pat Cannon, Mark Grebner, and Michael Rice, the Capital Area Transportation Authority has established itself as a leader in the public transportation field; and
Whereas, CATA received the award at the APTA Annual Meeting luncheon on October 9, 2007, in Charlotte, North Carolina; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body congratulate the Capital Area Transportation Authority upon receiving the 2007 Outstanding Transportation System Achievement Award.
Pending the reference of the resolution to a committee,
Rep. Angerer 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 resolutions had been printed and placed upon the files of the members on Wednesday, January 23:
House Bill Nos. 5641 5642 5643 5644 5645 5646 5647 5648 5649 5650 5651 5652 5653 5654
5655 5656 5657 5658 5659 5660 5661 5662
House Joint Resolutions LL MM
Senate Bill Nos. 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033
1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047
1048 1051 1052 1053 1054 1055 1056
The Clerk announced that the following Senate bill had been received on Wednesday, January 23:
Senate Bill No. 968
Reports of Standing Committees
The Committee on Agriculture, by Rep. Mayes, Chair, reported
House Bill No. 5584, entitled
A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” by amending sections 2, 3, 4, 5, 6, 7, 20, 30, 31, 33a, 41, 44, 50, 53, 60, 61, 62, 63, 68, and 69 (MCL 288.472, 288.473, 288.474, 288.475, 288.476, 288.477, 288.490, 288.500, 288.501, 288.503a, 288.511, 288.514, 288.520, 288.523, 288.530, 288.531, 288.532, 288.533, 288.538, and 288.539), section 33a as added by 2004 PA 277.
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. Mayes, Byrum, Angerer, Brown, Kathleen Law, Leland, Sheltrown, Ball, Nitz and Walker
Nays: None
The Committee on Agriculture, by Rep. Mayes, Chair, reported
House Bill No. 5585, entitled
A bill to amend 2001 PA 267, entitled “Manufacturing milk law of 2001,” by amending sections 10, 11, 12, 13, 15, 16, 17, 70, 90, 110, 110a, 111, 113, 114, 115, 116, 119, 125, 130, 131, 136, 137, 139, 140, 141, 142, 143, 152, and 159 (MCL 288.570, 288.571, 288.572, 288.573, 288.575, 288.576, 288.577, 288.630, 288.650, 288.670, 288.670a, 288.671, 288.673, 288.674, 288.675, 288.676, 288.679, 288.685, 288.690, 288.691, 288.696, 288.697, 288.699, 288.700, 288.701, 288.702, 288.703, 288.712, and 288.719), section 110a as added by 2004 PA 282.
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. Mayes, Byrum, Angerer, Brown, Kathleen Law, Leland, Sheltrown, Ball, Nitz and Walker
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Mayes, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Wednesday, January 23, 2008
Present: Reps. Mayes, Byrum, Angerer, Brown, Kathleen Law, Leland, Sheltrown, Ball, Nitz and Walker
Absent: Rep. Meekhof
Excused: Rep. Meekhof
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 4257, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 59 (MCL 211.59), as amended by 2006 PA 626.
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, Meisner, Melton, Sheltrown, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 5554, entitled
A bill to amend 2004 PA 174, entitled “Streamlined sales and use tax administration act,” by amending section 25 (MCL 205.825).
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, Farrah, Robert Jones, Meisner, Melton, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 5555, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 1, 1a, 4g, 4k, 4bb, 12, 18, and 21 (MCL 205.51, 205.51a, 205.54g, 205.54k, 205.54bb, 205.62, 205.68, and 205.71), sections 1, 4g, and 4k as amended by and sections 12, 18, and 21 as added by 2004 PA 173, section 1a as amended by 2006 PA 434, and section 4bb as added by 2004 PA 301; and to repeal acts and parts of acts.
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, Meisner, Melton, Sheltrown, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 5556, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 2, 2b, 3a, 3b, 3c, 4d, 4i, 7, 13, 14a, and 14b (MCL 205.92, 205.92b, 205.93a, 205.93b, 205.93c, 205.94d, 205.94i, 205.97, 205.103, 205.104a, and 205.104b), sections 2 and 7 as amended by 2007 PA 103, section 2b as amended by 2006 PA 428, section 3a as amended by 2007 PA 93, section 3b as added by 2002 PA 456, sections 3c, 13, 14a, and 14b as added and section 4d as amended by 2004 PA 172, and section 4i as added by 1986 PA 41; and to repeal acts and parts of acts.
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, Meisner, Melton, Sheltrown, Young, Meltzer, Sheen, Steil, Pastor, 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, January 23, 2008
Present: Reps. Bieda, Condino, Farrah, Robert Jones, Meisner, Melton, Sheltrown, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Absent: Reps. Mayes, Warren and Palmer
Excused: Reps. Mayes, Warren and Palmer
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
House Bill No. 5174, entitled
A bill to allow certain active duty service members to terminate motor vehicle leases; to provide for the rights and responsibilities of the lessees and lessors to those terminated motor vehicle leases; to provide for the powers and duties of certain state officials; to prescribe civil sanctions and provide penalties; and to provide for the disposition of civil fines.
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. Polidori, Brown, Dean, Lemmons, Sheltrown, Emmons, Garfield and Pastor
Nays: None
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
House Bill No. 5338, entitled
A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” (MCL 484.2101 to 484.2604) by adding section 304c.
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. Polidori, Brown, Dean, Lemmons, Sheltrown, Emmons, Garfield and Pastor
Nays: None
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
Senate Bill No. 731, entitled
A bill to amend 1967 PA 150, entitled “Michigan military act,” (MCL 32.501 to 32.851) by adding section 236.
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, Sheltrown, 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, January 23, 2008
Present: Reps. Polidori, Brown, Dean, Lemmons, Sheltrown, Emmons, Garfield, Pastor and Horn
The Committee on Intergovernmental, Urban and Regional Affairs, by Rep. Byrum, Chair, reported
House Bill No. 5543, entitled
A bill to authorize local units of government to fingerprint applicants or licensees in certain occupations for the purpose of receiving criminal history record information from the department of state police and the federal bureau of investigation; to prescribe the powers and duties of certain state departments and officers; and to provide for the collection of fees.
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, Coulouris, Farrah, Meadows, Pavlov and Nitz
Nays: Rep. Opsommer
The Committee on Intergovernmental, Urban and Regional Affairs, by Rep. Byrum, Chair, reported
House Bill No. 5634, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 1 (MCL 125.1651), as amended by 2006 PA 659.
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. Byrum, Young, Farrah, Meadows, Pavlov, Nitz 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, January 23, 2008
Present: Reps. Byrum, Young, Coulouris, Farrah, Meadows, Pavlov, Nitz and Opsommer
Absent: Reps. Johnson, Tobocman and Meekhof
Excused: Reps. Johnson, Tobocman and Meekhof
The Committee on Commerce, by Rep. Meisner, Chair, reported
House Bill No. 5638, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 5 (MCL 125.2005), as amended by 2005 PA 225.
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. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Coulouris, Griffin, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok and Knollenberg
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: Wednesday, January 23, 2008
Present: Reps. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Coulouris, Griffin, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok and Knollenberg
Absent: Reps. Dean, Johnson, Stakoe, Rick Jones and Meltzer
Excused: Reps. Dean, Johnson, Stakoe, Rick Jones and Meltzer
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Condino, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, January 23, 2008
Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, Elsenheimer, Rick Jones and Rocca
Absent: Reps. David Law and Stakoe
Excused: Reps. David Law and Stakoe
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, January 23, 2008
Present: Reps. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Brandenburg, Amos, Booher, Caul, Hansen, Proos, Agema, Moss and Nofs
Messages from the Senate
Senate Bill No. 968, entitled
A bill to authorize local units of government to fingerprint certain individuals for the purpose of receiving criminal history record information from the department of state police or other law enforcement consortium and the federal bureau of investigation; to prescribe the powers and duties of certain state departments and officers; and to provide for the collection of fees.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
Notices
January 23, 2008
Mr. Richard J. Brown, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48913
Dear Mr. Clerk:
I hereby make the following changes to the membership for the subcommittees of the Appropriations Committee for the 2007-2008 Legislative Session:
Community Health
Rep. Agema to replace Rep. Walker
Higher Education
Rep. Agema to replace Rep. Walker
Transportation
Rep. Agema to replace Rep. Walker
Sincerely,
George Cushingberry, Chair
Appropriations Committee
Communications from State Officers
The following communication from the Department of Labor and Economic Growth was received and read:
January 22, 2008
As required by Section 220 (7) and Section 315 of Act 135, P.A. of 1986, as amended, the Michigan Department of Labor and Economic Growth is submitting the enclosed 2006-2007 annual report that addresses the status of licensing of asbestos abatement contractors, the amount of money generated by fees, the number of asbestos abatement projects inspected, the number of citations issued for violations of this act, and other applicable laws, rules, and regulations in the State of Michigan.
Copies of this annual report have been forwarded to the state capitol mail room for distribution to each member of the House of Representatives.
Questions regarding this report or the Asbestos Abatement Contractors Licensing Program may be directed to Douglas Kalinowski, Director, Michigan Occupational Safety and Health Administration, at 517.322.1817.
Sincerely,
Keith W. Cooley
Director
The communication was referred to the Clerk.
Introduction of Bills
Reps. Donigan, Brown, Rick Jones, Mayes, Farrah and Pearce introduced
House Bill No. 5663, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16s of chapter XVII (MCL 777.16s), as amended by 2005 PA 106.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Palmer, Green, Agema, Shaffer, Stahl, Spade, Sheltrown, Moss, Garfield, Knollenberg, LaJoy, Huizenga and Brandenburg introduced
House Bill No. 5664, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2005 PA 336.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Stahl, Sheen, Steil, Moore, Gaffney, Hune, Sheltrown, Rick Jones, Elsenheimer, Hoogendyk, Stakoe, Pearce, Garfield, Brandenburg, LaJoy, David Law, Knollenberg, Casperson, Meekhof, Meltzer, Nitz, Agema, Acciavatti, Palmer, Marleau, Rocca, Accavitti, Booher, Opsommer, Caul, Young, Farrah, Green, Hildenbrand, Ward, DeRoche, Mayes, Dean, Calley, Moolenaar, Spade, Schuitmaker, Caswell, Robertson, Pavlov, LeBlanc, Kathleen Law, Hansen, Huizenga, Amos, Emmons, Palsrok, Walker, Espinoza, Gonzales, Wenke, Polidori, Scott, Brown, Leland, McDowell, Wojno, Hammon, Shaffer, Hopgood, Lahti, Coulouris, Jackson, Pastor, Nofs, Horn, Proos, Angerer, Johnson, Lemmons, Ball, Cushingberry, Constan, Clemente and Moss introduced
House Joint Resolution NN, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by adding section 27 to article I, to declare the fundamental right of parents and legal guardians to direct the care, upbringing, and education of their children.
The joint resolution was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. Sheen moved that the House adjourn.
The motion prevailed, the time being 5:10 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, January 24, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives
44 JOURNAL OF THE HOUSE [January 23, 2008] [No. 5
No. 5] [January 23, 2008] JOURNAL OF THE HOUSE 45
46 JOURNAL OF THE HOUSE [January 23, 2008] [No. 5
No. 5] [January 23, 2008] JOURNAL OF THE HOUSE 47
48 JOURNAL OF THE HOUSE [January 23, 2008] [No. 5
No. 5] [January 23, 2008] JOURNAL OF THE HOUSE 49
50 JOURNAL OF THE HOUSE [January 23, 2008] [No. 5
No. 5] [January 23, 2008] JOURNAL OF THE HOUSE 51
52 JOURNAL OF THE HOUSE [January 23, 2008] [No. 5
No. 5] [January 23, 2008] JOURNAL OF THE HOUSE 53
54 JOURNAL OF THE HOUSE [January 23, 2008] [No. 5