No. 80] [September 25, 2008] JOURNAL OF THE HOUSE 2463

2462 JOURNAL OF THE HOUSE [September 25, 2008] [No. 80

No. 80

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Thursday, September 25, 2008.

12:00 Noon.

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—excused Elsenheimer—present Law, Kathleen—present Robertson—e/d/s

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—excused

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—excused 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—e/d/s

Corriveau—present Jackson—excused Palmer—present Warren—present

Coulouris—present Johnson—present Palsrok—present Wenke—present

Cushingberry—present Jones, Rick—present Pastor—e/d/s Wojno—present

Dean—present Jones, Robert—present Pavlov—present Young—present

DeRoche—present Knollenberg—present

e/d/s = entered during session

Rep. Edward J. Gaffney, from the 1st District, offered the following invocation:

“O God our most merciful Benefactor, look down with favor upon us as we deliberate in this sacred and historical chamber.

Give us strength of mind so that we can make the right decisions for the benefit of the people of the state of Michigan.

Give us the courage to vote our convictions, despite other distractions and nagging doubts; and

Give us the patience and serenity to bear the drudgery and tediousness of the time consuming moments of inaction that are inextricably bound up in this hallowed and Democratic process. Amen.”

______

Rep. Hildenbrand moved that Rep. Amos be excused from today’s session.

The motion prevailed.

Rep. Tobocman moved that Reps. Cheeks, Jackson and Virgil Smith be excused from today’s session.

The motion prevailed.

Second Reading of Bills

House Bill No. 6269, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16205 (MCL 333.16205), as amended by 1986 PA 290.

The bill was read a second time.

Rep. Sheltrown moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

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

______

Rep. Booher moved that Reps. Huizenga, Meekhof, David Law and Shaffer 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. 6269, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16205 (MCL 333.16205), as amended by 1986 PA 290.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 782 Yeas—98

Accavitti DeRoche Jones, Robert Pavlov

Acciavatti Dillon Knollenberg Pearce

Agema Donigan Lahti Polidori

Angerer Ebli Law, Kathleen Proos

Ball Elsenheimer LeBlanc Rocca

Bauer Emmons Leland Sak

Bennett Espinoza Lemmons Schuitmaker

Bieda Farrah Lindberg Scott

Booher Gaffney Marleau Sheen

Brandenburg Garfield Mayes Sheltrown

Brown Gillard McDowell Simpson

Byrnes Gonzales Meadows Smith, Alma

Byrum Green Meisner Spade

Calley Griffin Melton Stahl

Casperson Hammel Meltzer Stakoe

Caswell Hammon Miller Steil

Caul Hansen Moolenaar Tobocman

Clack Hildenbrand Moore Vagnozzi

Clemente Hood Moss Valentine

Condino Hoogendyk Nitz Walker

Constan Hopgood Nofs Warren

Corriveau Horn Opsommer Wenke

Coulouris Hune Palmer Wojno

Cushingberry Johnson Palsrok Young

Dean Jones, Rick

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

Rep. Tobocman moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. Accavitti, Acciavatti, Agema, Ball, Bieda, Booher, Caswell, Caul, Condino, Constan, Corriveau, Garfield, Gonzales, Griffin, Hammon, Hildenbrand, Hopgood, Horn, Robert Jones, Knollenberg, LaJoy, David Law, Kathleen Law, LeBlanc, Leland, Lemmons, Marleau, Meadows, Melton, Miller, Moolenaar, Moss, Nitz, Nofs, Opsommer, Palsrok, Pearce, Proos, Rocca, Sak, Schuitmaker, Shaffer, Simpson, Spade, Vagnozzi and Valentine were named co‑sponsors of the bill.

______

Rep. Pastor entered the House Chambers.

Second Reading of Bills

House Bill No. 6437, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7q (MCL 211.7q), as added by 1980 PA 142.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,

The substitute (H-2) 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.

Rep. Tobocman moved that the bill be placed on its immediate passage.

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

______

Rep. Ward entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6437, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7q (MCL 211.7q), as added by 1980 PA 142.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 783 Yeas—105

Accavitti Donigan Lahti Pavlov

Acciavatti Ebli LaJoy Pearce

Agema Elsenheimer Law, David Polidori

Angerer Emmons Law, Kathleen Proos

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lemmons Schuitmaker

Bieda Garfield Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheen

Brown Green McDowell Sheltrown

Byrnes Griffin Meadows Simpson

Byrum Hammel Meekhof Smith, Alma

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Steil

Clack Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Johnson Opsommer Warren

Cushingberry Jones, Rick Palmer Wenke

Dean Jones, Robert Palsrok Wojno

DeRoche Knollenberg Pastor Young

Dillon

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

Rep. Tobocman moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. Ball, Bieda, Booher, Brown, Condino, Constan, Corriveau, Espinoza, Farrah, Gillard, Hammon, Hildenbrand, Hopgood, Huizenga, Johnson, Robert Jones, LeBlanc, Leland, Mayes, Melton, Opsommer, Polidori, Sheltrown, Simpson, Spade, Tobocman and Wojno were named co‑sponsors of the bill.

Second Reading of Bills

House Bill No. 6438, 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.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,

The substitute (H-2) 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. 6438, 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.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 784 Yeas—105

Accavitti Donigan Lahti Pavlov

Acciavatti Ebli LaJoy Pearce

Agema Elsenheimer Law, David Polidori

Angerer Emmons Law, Kathleen Proos

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lemmons Schuitmaker

Bieda Garfield Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheen

Brown Green McDowell Sheltrown

Byrnes Griffin Meadows Simpson

Byrum Hammel Meekhof Smith, Alma

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Steil

Clack Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Johnson Opsommer Warren

Cushingberry Jones, Rick Palmer Wenke

Dean Jones, Robert Palsrok Wojno

DeRoche Knollenberg Pastor Young

Dillon

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

Rep. Tobocman moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. Accavitti, Agema, Ball, Brown, Constan, Espinoza, Garfield, Gonzales, Hansen, Hildenbrand, Hopgood, Huizenga, Johnson, Robert Jones, LeBlanc, Leland, Marleau, Melton, Moore, Moss, Nofs, Opsommer, Pastor, Polidori, Proos, Simpson, Spade, Stakoe, Tobocman and Wojno were named co‑sponsors of the bill.

Second Reading of Bills

Senate Bill No. 943, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 88.

The bill was read a second time.

Rep. Booher 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. Tobocman 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

Senate Bill No. 943, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 88.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 785 Yeas—105

Accavitti Donigan Lahti Pavlov

Acciavatti Ebli LaJoy Pearce

Agema Elsenheimer Law, David Polidori

Angerer Emmons Law, Kathleen Proos

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lemmons Schuitmaker

Bieda Garfield Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheen

Brown Green McDowell Sheltrown

Byrnes Griffin Meadows Simpson

Byrum Hammel Meekhof Smith, Alma

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Steil

Clack Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Johnson Opsommer Warren

Cushingberry Jones, Rick Palmer Wenke

Dean Jones, Robert Palsrok Wojno

DeRoche Knollenberg Pastor Young

Dillon

Nays—0

In The Chair: Sak

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”

The House agreed to the full title.

Rep. Tobocman moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Robertson entered the House Chambers.

Second Reading of Bills

Senate Bill No. 1418, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 3, 7, and 8 (MCL 722.623, 722.627, and 722.628), section 3 as amended by 2006 PA 583, section 7 as amended by 2006 PA 621, and section 8 as amended by 2008 PA 46.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Families and Children’s Services,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Tobocman 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

Senate Bill No. 1418, entitled

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 786 Yeas—106

Accavitti Donigan LaJoy Pearce

Acciavatti Ebli Law, David Polidori

Agema 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 Spade

Casperson Hansen Meltzer Stahl

Caswell Hildenbrand Miller Stakoe

Caul Hood Moolenaar Steil

Clack Hoogendyk Moore Tobocman

Clemente Hopgood Moss Vagnozzi

Condino Horn Nitz Valentine

Constan Huizenga Nofs Walker

Corriveau Hune Opsommer Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Dillon Lahti

Nays—0

In The Chair: Sak

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,”

The House agreed to the full title.

Rep. Tobocman moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 5932, entitled

A bill to allow certain active duty service members to terminate contracts with wireless telecommunications providers; to provide for the rights and responsibilities of the parties to those terminated contracts; to provide for the powers and duties of certain state officials; to prescribe civil sanctions and provide remedies; and to provide for the disposition of civil fines.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Military and Veterans Affairs and Homeland Security,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. LeBlanc 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. Tobocman moved that Rep. Gillard 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. 5932, entitled

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 787 Yeas—105

Accavitti Donigan LaJoy Pearce

Acciavatti Ebli Law, David Polidori

Agema 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 Gonzales Mayes Shaffer

Brandenburg Green McDowell Sheen

Brown Griffin Meadows Sheltrown

Byrnes Hammel Meekhof Simpson

Byrum Hammon Meisner Smith, Alma

Calley Hansen Melton Spade

Casperson Hildenbrand Meltzer Stahl

Caswell Hood Miller Stakoe

Caul Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Johnson Opsommer Ward

Coulouris Jones, Rick Palmer Warren

Cushingberry Jones, Robert Palsrok Wenke

Dean Knollenberg Pastor Wojno

DeRoche Lahti Pavlov Young

Dillon

Nays—0

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.

Second Reading of Bills

House Bill No. 4048, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Ethics and Elections,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Griffin 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. Griffin 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. 4048, entitled

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 788 Yeas—65

Accavitti Dean Hune Nofs

Angerer Dillon Johnson Polidori

Bauer Donigan Jones, Robert Rocca

Bennett Ebli Lahti Sak

Bieda Espinoza Law, Kathleen Sheltrown

Booher Farrah LeBlanc Simpson

Brown Gaffney Leland Smith, Alma

Byrnes Gillard Lemmons Spade

Byrum Gonzales Lindberg Stakoe

Calley Griffin Mayes Tobocman

Clack Hammel McDowell Vagnozzi

Clemente Hammon Meadows Valentine

Condino Hansen Meisner Warren

Constan Hildenbrand Melton Wenke

Corriveau Hood Miller Wojno

Coulouris Hopgood Moore Young

Cushingberry

Nays—41

Acciavatti Green Meltzer Proos

Agema Hoogendyk Moolenaar Robertson

Ball Horn Moss Schuitmaker

Brandenburg Huizenga Nitz Scott

Casperson Jones, Rick Opsommer Shaffer

Caswell Knollenberg Palmer Sheen

Caul LaJoy Palsrok Stahl

DeRoche Law, David Pastor Steil

Elsenheimer Marleau Pavlov Walker

Emmons Meekhof Pearce Ward

Garfield

In The Chair: Sak

The question being on agreeing to the title of the bill,

Rep. Tobocman moved to amend the title to read as follows:

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 758, 759, and 759a (MCL 168.758, 168.759, and 168.759a), section 758 as amended by 1996 PA 207, section 759 as amended by 1995 PA 261, and section 759a as amended by 2007 PA 52.

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.

Reps. Accavitti, Angerer, Bauer, Bieda, Byrnes, Calley, Clack, Clemente, Constan, Cushingberry, Gonzales, Hopgood, Johnson, Kathleen Law, Mayes, Meisner, Melton, Miller, Opsommer, Polidori, Sak, Sheltrown, Alma Smith, Spade, Tobocman, Vagnozzi, Warren and Wojno were named co‑sponsors of the bill.

______

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:

No reason AV voting decreases participation and increases voter fraud. Our current voting equipment will be wasted for all these AV voters who will not know if their votes are voided because of their mistakes on the ballot.”

Rep. Elsenheimer, 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:

With the failure of the Ward amendments, I cannot support this legislation.”

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 is nothing more than a voter fraud enabling act. All the technology we have invested in to prevent voter fraud will become useless. I want to ensure that illegals are not voting and many have received voter registration cards. This increases that possibility.”

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Transportation, by Rep. Hopgood, Chair, reported

House Bill No. 6455, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2004 PA 52.

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. Hopgood, Griffin, Accavitti, Bieda, Donigan, Ebli, Leland, Mayes, Miller, Young, LaJoy, Nitz, Pavlov, Pearce, Stahl and Knollenberg

Nays: None

The Committee on Transportation, by Rep. Hopgood, Chair, reported

Senate Bill No. 1461, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1 (MCL 247.651).

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. Hopgood, Griffin, Accavitti, Bieda, Donigan, Ebli, Leland, Mayes, Miller, Young, LaJoy, Nitz, Pavlov, Stahl and Knollenberg

Nays: None

Second Reading of Bills

House Bill No. 6455, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2004 PA 52.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Miller 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. 6455, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2004 PA 52.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 789 Yeas—106

Accavitti Donigan LaJoy Pearce

Acciavatti Ebli Law, David Polidori

Agema 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 Spade

Casperson Hansen Meltzer Stahl

Caswell Hildenbrand Miller Stakoe

Caul Hood Moolenaar Steil

Clack Hoogendyk Moore Tobocman

Clemente Hopgood Moss Vagnozzi

Condino Horn Nitz Valentine

Constan Huizenga Nofs Walker

Corriveau Hune Opsommer Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Dillon Lahti

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

Rep. Tobocman moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. Agema, Angerer, Ball, Brown, Caswell, Clack, Donigan, Espinoza, Griffin, Hammel, Hammon, Hansen, Hildenbrand, Hopgood, Horn, Johnson, Robert Jones, Knollenberg, Lahti, David Law, Kathleen Law, LeBlanc, Lemmons, Mayes, Meisner, Opsommer, Pearce, Sak, Scott and Tobocman were named co‑sponsors of the bill.

Second Reading of Bills

Senate Bill No. 1461, entitled

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Tobocman 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

Senate Bill No. 1461, entitled

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 790 Yeas—104

Accavitti Dillon Lahti Pearce

Acciavatti Donigan LaJoy Polidori

Agema Ebli Law, David Proos

Angerer Elsenheimer Law, Kathleen Robertson

Ball Emmons LeBlanc Rocca

Bauer Espinoza Leland Sak

Bennett Farrah Lemmons Schuitmaker

Bieda Gaffney Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheen

Brown Green McDowell Sheltrown

Byrnes Griffin Meadows Simpson

Byrum Hammel Meekhof Smith, Alma

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Steil

Clack Hoogendyk Moolenaar Tobocman

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Ward

Coulouris Johnson Opsommer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Nays—2

Garfield Palmer

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.

Second Reading of Bills

House Bill No. 6282, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 461.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Tax Policy,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Hildenbrand moved to amend the bill as follows:

1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:

“Sec. 111. (1) “Gross receipts” means the entire amount received by the taxpayer from any activity whether in intrastate, interstate, or foreign commerce carried on for direct or indirect gain, benefit, or advantage to the taxpayer or to others except for the following:

(a) Proceeds from sales by a principal that the taxpayer collects in an agency capacity solely on behalf of the principal and delivers to the principal.

(b) Amounts received by the taxpayer as an agent solely on behalf of the principal that are expended by the taxpayer for any of the following:

(i) The performance of a service by a third party for the benefit of the principal that is required by law to be performed by a licensed person.

(ii) The performance of a service by a third party for the benefit of the principal that the taxpayer has not undertaken a contractual duty to perform.

(iii) Principal and interest under a mortgage loan or land contract, lease or rental payments, or taxes, utilities, or insurance premiums relating to real or personal property owned or leased by the principal.

(iv) A capital asset of a type that is, or under the internal revenue code will become, eligible for depreciation, amortization, or accelerated cost recovery by the principal for federal income tax purposes, or for real property owned or leased by the principal.

(v) Property not described under subparagraph (iv) that is purchased by the taxpayer on behalf of the principal and that the taxpayer does not take title to or use in the course of performing its contractual business activities.

(vi) Fees, taxes, assessments, levies, fines, penalties, or other payments established by law that are paid to a governmental entity and that are the legal obligation of the principal.

(c) Amounts that are excluded from gross income of a foreign corporation engaged in the international operation of aircraft under section 883(a) of the internal revenue code.

(d) Amounts received by an advertising agency used to acquire advertising media time, space, production, or talent on behalf of another person.

(e) Notwithstanding any other provision of this section, amounts received by a taxpayer that manages real property owned by a third party that are deposited into a separate account kept in the name of that third party and that are not reimbursements to the taxpayer and are not indirect payments for management services that the taxpayer provides to that third party.

(f) Proceeds from the taxpayer’s transfer of an account receivable if the sale that generated the account receivable was included in gross receipts for federal income tax purposes. This subdivision does not apply to a taxpayer that during the tax year both buys and sells any receivables.

(g) Proceeds from any of the following:

(i) The original issue of stock or equity instruments.

(ii) The original issue of debt instruments.

(h) Refunds from returned merchandise.

(i) Cash and in-kind discounts.

(j) Trade discounts.

(k) Federal, state, or local tax refunds.

(l) Security deposits.

(m) Payment of the principal portion of loans.

(n) Value of property received in a like-kind exchange.

(o) Proceeds from a sale, transaction, exchange, involuntary conversion, or other disposition of tangible, intangible, or real property that is a capital asset as defined in section 1221(a) of the internal revenue code or land that qualifies as property used in the trade or business as defined in section 1231(b) of the internal revenue code, less any gain from the disposition to the extent that gain is included in federal taxable income.

(p) The proceeds from a policy of insurance, a settlement of a claim, or a judgment in a civil action less any proceeds under this subdivision that are included in federal taxable income.

(q) For a sales finance company, as defined in section 2 of the motor vehicle sales finance act, 1950 (Ex Sess) PA 27, MCL 492.102, and directly or indirectly owned in whole or in part by a motor vehicle manufacturer as of January 1, 2008, and for a person that is a broker or dealer as defined under section 78c(a)(4) or (5) of the securities exchange act of 1934, 15 USC 78c, or a person included in the unitary business group of that broker or dealer that buys and sells for its own account, contracts that are subject to the commodity exchange act, 7 USC 1 to 27f, amounts realized from the repayment, maturity, sale, or redemption of the principal of a loan, bond, or mutual fund, certificate of deposit, or similar marketable instrument provided such instruments are not held as inventory.

(r) For a sales finance company, as defined in section 2 of the motor vehicle sales finance act, 1950 (Ex Sess) PA 27, MCL 492.102, and directly or indirectly owned in whole or in part by a motor vehicle manufacturer as of January 1, 2008, and for a person that is a broker or dealer as defined under section 78c(a)(4) or (5) of the securities exchange act of 1934, 15 USC 78c, or a person included in the unitary business group of that broker or dealer that buys and sells for its own account, contracts that are subject to the commodity exchange act, 7 USC 1 to 27f, the principal amount received under a repurchase agreement or other transaction properly characterized as a loan.

(s) For a mortgage company, proceeds representing the principal balance of loans transferred or sold in the tax year. For purposes of this subdivision, “mortgage company” means a person that is licensed under the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651 to 445.1684, or the secondary mortgage loan act, 1981 PA 125, MCL 493.51 to 493.81, and has greater than 90% of its revenues, in the ordinary course of business, from the origination, sale, or servicing of residential mortgage loans.

(t) For a professional employer organization, any amount charged by a professional employer organization that represents the actual cost of wages and salaries, benefits, worker’s compensation, payroll taxes, withholding, or other assessments paid to or on behalf of a covered employee by the professional employer organization under a professional employer arrangement.

(u) Any invoiced items used to provide more favorable floor plan assistance to a person subject to the tax imposed under this act than to a person not subject to this tax and paid by a manufacturer, distributor, or supplier.

(v) For an individual, estate, partnership organized exclusively for estate or gift planning purposes, or trust organized exclusively for estate or gift planning purposes, amounts received other than those from transactions, activities, and sources in the regular course of the taxpayer’s trade or business, including the following:

(i) Receipts from tangible and intangible property if the acquisition, rental, management, or disposition of the property constitutes integral parts of the taxpayer’s regular trade or business operations.

(ii) Receipts received in the course of the taxpayer’s trade or business from stock and securities of any foreign or domestic corporation and dividend and interest income.

(iii) Receipts derived from isolated sales, leases, assignment, licenses, divisions, or other infrequently occurring dispositions, transfers, or transactions involving property if the property is or was used in the taxpayer’s trade or business operation.

(iv) Receipts derived from the sale of a business.

(v) Receipts excluded from gross receipts under this subsection for an individual, estate, partnership organized exclusively for estate or gift planning purposes, or trust organized exclusively for estate or gift planning purposes include, but are not limited to, the following:

(A) Personal investment activity, including interest, dividends, and gains from a personal investment portfolio or retirement account.

(B) Disposition of tangible, intangible, or real property held for personal use and enjoyment, such as a personal residence or personal assets.

(w) To the extent not deducted as purchases from other firms under section 203, each of the following:

(i) Sales or use taxes collected from or reimbursed by a consumer or other taxes the taxpayer collected directly from or was reimbursed by a purchaser and remitted to a local, state, or federal tax authority.

(ii) In the case of receipts from the sale of cigarettes or tobacco products by a wholesale dealer, retail dealer, distributor, manufacturer, or seller, an amount equal to the federal and state excise taxes paid by any person on or for such cigarettes or tobacco products under subtitle E of the internal revenue code or other applicable state law.

(iii) In the case of receipts from the sale of motor fuel by a person with a motor fuel tax license or a retail dealer, an amount equal to federal and state excise taxes paid by any person on such motor fuel under section 4081 of the internal revenue code or under other applicable state law.

(iv) In the case of receipts from the sale of beer, wine, or intoxicating liquor by a person holding a license to sell, distribute, or produce those products, an amount equal to federal and state excise taxes paid by any person on or for such beer, wine, or intoxicating liquor under subtitle E of the internal revenue code or other applicable state law.

(v) In the case of receipts from the sale of communication, video, internet access and related services and equipment, any government imposed tax, fee, or other imposition in the nature of a tax or fee required by law, ordinance, regulation, ruling, or other legal authority and charged on a customer’s bill or invoice. This subparagraph does not include the recovery of net income taxes, net worth taxes, property taxes, or the tax imposed under this act.

(vi) In the case of receipts from the sale of electricity, natural gas, or other energy source, any government imposed tax, fee, or other imposition in the nature of a tax or fee required by law, ordinance, regulation, ruling, or other legal authority and charged on a customer’s bill or invoice. This subparagraph does not include the recovery of net income taxes, net worth taxes, property taxes, or the tax imposed under this act.

(vii) Any deposit required under any of the following:

(A) 1976 IL 1, MCL 445.571 to 445.576.

(B) R 436.1629 of the Michigan administrative code.

(C) R 436.1723a of the Michigan administrative code.

(D) Any substantially similar beverage container deposit law of another state.

(2) “Insurance company” means an authorized insurer as defined in section 106 of the insurance code of 1956, 1956 PA 218, MCL 500.106.

(3) “Internal revenue code” means the United States internal revenue code of 1986 in effect on January 1, 2008 or, at the option of the taxpayer, in effect for the tax year.

(4) “Inventory” means, except as provided in subdivision (e), all of the following:

(a) The stock of goods held for resale in the regular course of trade of a retail or wholesale business, including electricity or natural gas purchased for resale.

(b) Finished goods, goods in process, and raw materials of a manufacturing business purchased from another person.

(c) For a person that is a new motor vehicle dealer licensed under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, floor plan interest expenses for new motor vehicles. For purposes of this subdivision, “floor plan interest” means interest paid that finances any part of the person’s purchase of new motor vehicle inventory from a manufacturer, distributor, or supplier. However, amounts attributable to any invoiced items used to provide more favorable floor plan assistance to a person subject to the tax imposed under this act than to a person not subject to this tax is considered interest paid by a manufacturer, distributor, or supplier.

(d) For a person that is a broker or dealer as defined under section 78c(a)(4) or (5) of the securities exchange act of 1934, 15 USC 78c, or a person included in the unitary business group of that broker or dealer that buys and sells for its own account, contracts that are subject to the commodity exchange act, 7 USC 1 to 27f, the cost of securities as defined under section 475(c)(2) of the internal revenue code and the cost of commodities as defined under section 475(e)(2)(b), (c), and (d) of the internal revenue code, excluding interest expense other than interest expense related to repurchase agreements.

(e) Inventory does not include either of the following:

(i) Personal property under lease or principally intended for lease rather than sale.

(ii) Property allowed a deduction or allowance for depreciation or depletion under the internal revenue code.

(5) “Officer” means an officer of a corporation other than a subchapter S corporation, including all of the following:

(a) The chairperson of the board.

(b) The president, vice president, secretary, or treasurer of the corporation or board.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Acciavatti moved to amend the bill as follows:

1. Amend page 4, following line 13, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5627 of the 94th Legislature is enacted into law.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Gaffney moved to amend the bill as follows: