No. 1
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2003
House Chamber, Lansing, Wednesday, January 8, 2003.
12:00 Noon.
Pursuant to the requirements of the Constitution, the Representatives-elect to the House of Representatives of the State of Michigan for the years 2003 and 2004, assembled in Representative Hall in the Capitol at Lansing on the second Wednesday in January, the 8th of January, 2003 at 12:00 o'clock noon, and in accordance with law, were called to order by Gary L. Randall, Clerk of the next preceding House.
Rev. George M. Showers, Pastor of Seville Community Church of God in Elwell, offered the following invocation:
"Almighty God, in the quietness of these moments, we reflect on the past history that is such an important part of this House of Representatives Chamber. We are thankful for the enlightened individuals who have served the state of Michigan in the past and those who are entrusted with the responsibility and the authority to faithfully guide this great state that we so proudly call our home. Today we are indeed grateful for these committed leaders that are being sworn in at the beginning at this present legislative term. We applaud their dedication and willingness to serve the citizens of their district as their state Representatives. I pray that each Representative will experience a sense of unity of purpose as they work through the challenges they will face in these next two years. I pray that these talented men and women who today are dedicating their efforts to serving the electors of Michigan will continue to positively pave the way for future generations who will also be charged with determining the course of State history. O gracious God be our Guide--the source of our aspiration, the stimulus of our commitment, as we support these Members for being entrusted with the task of leading in state government. I ask that You strengthen them with honor and grant peace as they perform the tasks that are essential to the office for which they were elected. I pray in His name, the Heavenly Father. Amen."
Communications from State Officers
November 25, 2002
The Honorable Gary Randall
Clerk of the House of Representatives
State Capitol Building
Lansing, Michigan 48909
Dear Mr. Randall:
Enclosed is a certified list of the members-elect to the State House of Representatives as shown by the November 5, 2002 general election returns on file with this office. Also enclosed is a copy of the official canvass of the votes cast at the election.
Sincerely,
Christopher M. Thomas
Director of Elections
United States of America
THE STATE OF MICHIGAN
DEPARTMENT OF STATE
I, Candice S. Miller, Secretary of State and Custodian of the Great Seal of the State of Michigan, certify that attached is the list of the members-elect for the State House of Representatives for the term January 1, 2003 to January 1, 2005, as shown by the November 5, 2002 General Election returns on file in this office.
[SEAL] In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State at the Capitol, in the City of Lansing.
November 25th, 2002
Candice S. Miller
Secretary of State
State of Michigan
General Election - November 5, 2002
Representatives Elect
State Legislature
House
District Party Name Address
1 REP Edward J. Gaffney 283 Kenwood Court, Grosse Pointe Farms 48236
2 DEM Ken Daniels 14470 Eastburn, Detroit 48205
3 DEM Artina Tinsley Hardman 3009 Cadillac Blvd., Detroit 48214
4 DEM Mary D. Waters 2701 East Lafayette, Detroit 48207
5 DEM Bill McConico 18134 Dequindre, Detroit 48234
6 DEM Marsha Cheeks 2295 Longfellow, Detroit 48206
7 DEM Virgil Smith 19450 Gloucester, Detroit 48203
8 DEM Alma G. Stallworth 19793 Sorrento, Detroit 48235
9 DEM Tupac A. Hunter 16516 St. Marys, Detroit 48235
10 DEM Triette Lipsey Reeves 13530 West Outer Drive, Detroit 48239
11 DEM Morris Hood, III 8872 Cloverlawn, Detroit 48204
12 DEM Steve Tobocman 1032 Vinewood, Detroit 48216
13 DEM Barbara A. Farrah 15442 Kennebec, Southgate 48195
14 DEM William J. O'Neil 10239 Northway, Allen Park 48101
15 REP Gary Woronchak 1220 McMillan, Dearborn 48128
16 DEM Jim A. Plakas 6631 Golfview, Garden City 48135
17 DEM Daniel S. Paletko 1523 North John Daly Road, Dearborn Heights 48127
18 DEM Glenn S. Anderson 34300 Parkgrove Drive, Westland 48185
19 REP John R. Pastor 31140 Lyndon, Livonia 48154
20 REP John C. Stewart 14956 Maplewood, Plymouth 48170
21 REP Philip J. LaJoy 1256 Crowndale Lane, Canton 48188
22 DEM Hoon-Yung Hopgood 10200 Beech Daly, Taylor 48180
23 DEM Kathleen Law 29866 Lowell, Rockwood 48173
24 REP Jack Brandenburg 37596 Huron Pointe Drive, Harrison Twp. 48045
25 DEM Steve Bieda 32721 Valley Drive, Warren 48093
26 DEM Dave Woodward 1718 W Farnum, Royal Oak 48067
27 DEM Andy Meisner 316 Spencer, Ferndale 48220
28 DEM Lisa Wojno 27314 LaRose, Warren 48093
29 DEM Clarence E. Phillips 809 Bay Street, Pontiac 48342
30 REP Sal Rocca 39964 Saal Road, Sterling Heights 48313
31 DEM Paul Gieleghem 38134 Sarnette, Clinton Township 48036
32 REP Daniel Joseph Acciavatti 51413 Baker, Chesterfield 48047
33 REP Leon Drolet 16820 Edloytom Way, Clinton Township 48038
34 DEM Brenda Clack 3120 Helber Street, Flint 48504
35 DEM Paul Condino 21170 Winchester, Southfield 48076
36 REP Brian Palmer 11070 West Gates Road, Romeo 48065
37 DEM Aldo Vagnozzi 26193 Kiltartan, Farmington Hills 48334
38 REP Craig M. DeRoche 1620 West Lake, Novi 48377
39 REP Marc Shulman 4838 Rolling Ridge Ct., West Bloomfield 48323
40 REP Shelley Goodman Taub 1959 Shore Hill Drive, Bloomfield Hills 48302
41 REP John Pappageorge 1246 Provincial Drive, Troy 48084
42 DEM Frank Accavitti, Jr. 15506 South Park, Eastpointe 48021
43 REP Fran Amos 4079 Aquarina, Waterford 48329
44 REP John P. Stakoe 1235 Bay Ridge, Highland 48356
45 REP John Garfield 1347 Ruby, Rochester 48309
46 REP Ruth Johnson 8500 Gail Drive, Holly 48442
47 REP Joe Hune 4849 Hogback Road, Fowlerville 48836
48 DEM John J. Gleason 604 Leland Street, Flushing 48433
49 DEM Jack Minore 610 Commonwealth Avenue, Flint 48508
50 DEM Paula Zelenko 5425 Sitka Street, Burton 48519
51 REP David B. Robertson 5265 Lethbridge Road, Grand Blanc 48439
52 REP Gene DeRossett 11207 Pleasant Lake Road, Manchester 48158
53 DEM Chris Kolb 803 Edgewood Place, Ann Arbor 48103
54 DEM Ruth Ann Jamnick 7776 Lake Crest Drive, Ypsilanti 48197
55 REP Matt Milosch 7275 Edinburgh Drive, Lambertville 48144
56 REP Randy Richardville 2060 North Custer, Monroe 48162
57 DEM Doug Spade 768-2 West Maple Avenue, Adrian 49221
58 REP Bruce Caswell 8940 East Bacon Road, Hillsdale 49242
59 REP Rick Shaffer 19958 Crescent Beach, Three Rivers 49093
60 DEM Alexander C. Lipsey 2324 South Park, Kalamazoo 49001
61 REP Jacob W. Hoogendyk, Jr. 6819 Cypress, Portage 49024
62 REP Mike Nofs 14557 N Drive North, Marshall 49068
63 REP Lorence Wenke 9180 West Gull Lake Drive, Richland 49083
64 REP Clark E. Bisbee 609 South Durand, Jackson 49203
65 REP Jerry Kratz 3642 Waterway Court, Grass Lake 49240
66 REP Chris Ward 5034 South Old US 23, Brighton 48114
67 DEM Dianne Byrum 4933 Bellevue Road, Onondaga 49264
68 DEM Michael C. Murphy 3624 Tecumseh River Road, Lansing 48906
69 DEM Gretchen Whitmer 620 Rosewood Avenue, East Lansing 48823
70 REP Judy Emmons 506 East Carson City Road, Sheridan 48884
71 REP Susan Tabor 1005 Firwood, Lansing 48917
72 REP Glenn Steil, Jr. 4828 Greenhill Court SE, Grand Rapids 49546
73 REP Doug Hart 3729 Mesa Court, Rockford 49341
74 REP William Van Regenmorter 6293 Springmont Drive, Hudsonville 49426
75 REP Jerry O. Kooiman 1708 Adams SE, Grand Rapids 49506
76 DEM Michael G. Sak 236 Valley Avenue NW, Grand Rapids 49504
77 REP Joanne Voorhees 5380 Kenowa, Wyoming 49418
78 REP Neal Nitz 7939 Stevensville-Baroda Road, Baroda 49101
79 REP Charles LaSata 1424 Newberry Hills Lane, St. Joseph 49085
80 REP Mary Ann Middaugh 35361 51st Avenue, Paw Paw 49079
81 REP Lauren M. Hager 3160 Fanone Drive, Port Huron 48060
82 REP John Stahl 3790 Five Lakes Road, North Branch 48461
83 REP Stephen R. Ehardt 6312 Buena Vista Road, Lexington 48450
84 REP Tom Meyer 1963 South Van Dyke, Bad Axe 48413
85 REP Larry Julian 257 North M-13, Lennon 48449
86 REP James L. Koetje 607 Clayton, Walker 49544
87 REP Gary Newell 7310 MacArthur Road, Saranac 48881
88 REP Fulton Sheen 333 12th Street A-4, Plainwell 49080
89 REP Barb Vander Veen 6185 Alger Street, Allendale 49401
90 REP Bill Huizenga 117 West Cherry Street, Zeeland 49464
91 REP David Farhat 3461 Whispering Woods Drive, Muskegon 49444
92 DEM Julie Dennis 739 Wilson Avenue, Muskegon 49441
93 REP Scott Hummel 14464 Turner Road, Dewitt 48820
94 REP Jim Howell 7001 Andrews Road, Swan Creek 48655
95 DEM Carl M. Williams 3424 Fulton Street, Saginaw 48601
96 DEM Joseph L. Rivet 4481 West Park Drive, Bay City 48706
97 DEM Jennifer Elkins 10215 Lake Station Avenue, Lake 48632
98 REP John Moolenaar 2203 Cranbrook Drive, Midland 48624
99 REP Sandy Caul 1830 Woodland, Mt. Pleasant 48858
100 REP M. Pumford 2122 East 84th, Newaygo 49337
101 REP David Palsrok 16 Oxford Court, Manistee 49660
102 REP Rick Johnson 16209 13 Mile Road, Leroy 49655
103 DEM Dale E. Sheltrown 5425 Greenwood Road, Gladwin 48624
104 REP Howard Walker 8481 Underwood Ridge, Traverse City 49686
105 REP Ken Bradstreet 1029 Scotch Pine Trail, Gaylord 49735
106 DEM Matthew Gillard 109 E. Chisholm Street, Alpena 49707
107 REP Scott Shackleton 2762 West 16th Avenue, Sault Ste. Marie 49783
108 REP Tom Casperson 5372 K. 5 Road, Escanaba 49829
109 DEM Stephen Adamini 27 Oak Hill Drive, Marquette 49855
110 DEM Rich Brown 606 East Longyear Street, Bessemer 49911
The roll of the House was called by the Assistant Clerk, who announced that all of the Representatives-elect were present except Rep. Ehardt.
Oath of Office
The Representatives-elect appeared at the Clerk's desk and took and subscribed the constitutional oath of office, which was administered by the Hon. Maura D. Corrigan, Chief Justice of the Michigan Supreme Court.
The Acting Clerk announced that the first business in order was the selection of seats in accordance with the Statute.
The Statute having been read, the members in the order or their total length of service in the House selected seats as their names were called by the Clerk. BreeAnna Elkins and Dane Casperson drew numbers for the selection of seats for members as provided, by Statute, all seats being selected as follows:
1--Neal Nitz 56--Mary D. Waters
2--Bruce Caswell 57--Dianne Byrum
3--Jack Brandenburg 58--William J. O'Neil
4--Brian Palmer 59--Michael G. Sak
5--Rick Johnson 60--Jim A. Plakas
6--Randy Richardville 61--Barbara A. Farrah
7--John Garfield 62--Triette Lipsey Reeves
8--Matt Milosch 63--Artina Tinsley Hardman
9--Leon Drolet 64--Alma G. Stallworth
10--Scott Hummel 65--Julie Dennis
11--Clark E. Bisbee 66--Aldo Vagnozzi
12--Bill Huizenga 67--Brenda Clack
13--Jerry O. Kooiman 68--Doug Spade
14--Ken Bradstreet 69--Dave Woodward
15--Daniel Joseph Acciavatti 70--Paul Gieleghem
16--Judy Emmons 71--Bill McConico
17--Joanne Voorhees 72--Clarence E. Phillips
18--Barb Vander Veen 73--Morris Hood, III
19--Larry Julian 74--Tupac A. Hunter
20--Stephen R. Ehardt 75--Paul Condino
21--Susan Tabor 76--Ken Daniels
22--Shelley Goodman Taub 77--Paula Zelenko
23--Philip J. LaJoy 78--Jack Minore
24--David B. Robertson 79--Ruth Ann Jamnick
25--Rick Shaffer 80--Frank Accavitti, Jr.
26--Marc Shulman 81--Virgil Smith
27--Lauren M. Hager 82--Steve Tobocman
28--Tom Casperson 83--Craig M. DeRoche
29--David Farhat 84--Joe Hune
30--John R. Pastor 85--Chris Kolb
31--Jerry Kratz 86--Glenn S. Anderson
32--John C. Stewart 87--Daniel S. Paletko
33--Doug Hart 88--Marsha Cheeks
34--Mike Pumford 89--Lisa Wojno
35--Gene DeRossett 90--Fulton Sheen
36--Howard Walker 91--Jacob W. Hoogendyk, Jr.
37--Fran Amos 92--Carl M. Williams
38--Scott Shackleton 93--Gretchen Whitmer
39--Tom Meyer 94--Michael C. Murphy
40--Mary Ann Middaugh 95--Hoon-Yung Hopgood
41--Gary Woronchak 96--Kathleen Law
42--John P. Stakoe 97--Gary Newell
43--Chris Ward 98--David Palsrok
44--John Moolenaar 99--Rich Brown
45--Glenn Steil, Jr. 100--Stephen Adamini
46--James L. Koetje 101--Matthew Gillard
47--Sandy Caul 102--Jennifer Elkins
48--Charles LaSata 103--Andy Meisner
49--John Stahl 104--Jim Howell
50--Mike Nofs 105--Lorence Wenke
51--Edward J. Gaffney 106--Joseph L. Rivet
52--William Van Regenmorter 107--Dale E. Sheltrown
53--John Pappageorge 108--Alexander C. Lipsey
54--Ruth Johnson 109--Steve Bieda
55--Sal Rocca 110--John J. Gleason
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Richardville and Waters offered the following resolution:
House Resolution No. 1.
A resolution prescribing the Standing Rules of the House of Representatives.
Resolved by the House of Representatives, That the following rules be adopted as the Standing Rules of the House of Representatives:
STANDING RULES
OF THE
HOUSE OF REPRESENTATIVES
IN ACCORDANCE WITH THE MICHIGAN CONSTITUTION
ARTICLE IV, SECTION 16
CHAPTER I
GENERAL PROVISIONS
Meetings, Officers and Quorum.
Rule 1. (1) The House shall meet in regular session at the seat of government on the second Wednesday in January of each year at twelve o'clock noon. In each odd-numbered year, it shall proceed with its organization, the election of a Speaker, a Speaker Pro Tempore, two Associate Speakers Pro Tempore, from its membership, and a Clerk for the ensuing term of the Legislature. All elections shall be by roll call and shall require a majority of the Members voting to elect.
(2) A majority of the Members elected to and serving in the House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and not less than 15 Members voting in favor thereof may compel the attendance of absent Members and fix penalties for non-attendance. (See Const 1963, Art 4 §§ 13 and 14)
Admission to Floor--Defined.
Rule 2. (1) No person shall be admitted on the floor of the House for a period of 30 minutes immediately preceding the time set for any call to order during any session of the House through adjournment, except as follows:
(a) Representatives and Senators;
(b) Former Legislators, unless otherwise restricted;
(c) Sergeants at arms, pages, and Clerk's staff who are specifically designated to be working on the House floor during session;
(d) The executive directors and the Governor's legislative liaisons who have obtained and are wearing in plain sight appropriate identification passes, issued under guidelines developed by the Speaker;
(e) Immediate family of Representatives who have obtained and are wearing in plain sight appropriate identification passes, issued under guidelines developed by the Speaker;
(f) Legislative staff who have obtained and are wearing in plain sight appropriate identification passes, issued under guidelines developed by the Speaker;
(g) Media correspondents accredited by the Clerk of the House who are wearing in plain sight appropriate identification passes, issued under guidelines developed by the Clerk. Media correspondents shall not use the center aisle or be at the Members' desks during roll call votes; and
(h) Such other persons as may be invited by the Speaker.
(2) Unless special permission is granted by the Speaker or Clerk of the House, no group or individual shall be allowed access to the floor when the House is not in session.
(3) Members may have not more than one member of their immediate family seated at the Member's desk during session. All other immediate family members shall be seated in an area designated by the Speaker.
(4) Any person who is a lobbyist, shall thereby forfeit his or her right to be admitted on the floor of the House at any time. The words "floor of the House," when used in these rules, shall mean the space of the main floor of Representative Hall, together with all adjacent rooms on the second floor of the Capitol under the jurisdiction of the Clerk, including the Democrat and Republican caucus rooms and the corridor behind the House rostrum.
(5) Guests may be introduced only by permission of the Presiding Officer after the House has been called to order and before the attendance roll call has been concluded. Guests are to use the center aisle only if being escorted by a Member or House staff.
(6) Use of the center aisle should be kept at a minimum to afford decorum of the Chamber.
Bar of the House.
Rule 3. (1) Any Member, having answered attendance roll call at the opening of any session, or who enters after attendance roll call, shall thereafter be deemed to be present until leave of absence is obtained from the House. Any Member having entered upon the floor of the House after the House has been called to order, shall be deemed present if within the bar of the House.
(2) The words "within the bar of the House," when used in these rules, shall mean the space occupied and used by the House or any committee or other legislative room or office under the jurisdiction of the Clerk.
(3) No person shall use a cell phone within the bar of the House.
(4) All persons within the bar of the House shall be in proper business attire.
CHAPTER II
OFFICERS
SPEAKER
Definitions.
Rule 4. Speaker is any Member elected as Speaker under Rule 1 of these rules.
Duties as Presiding Officer.
Rule 5. The Speaker, or the designee of the Speaker, shall take the Chair each day at the hour to which the House "shall have adjourned or recessed". The Presiding Officer shall call the House to order and lead the Members in reciting the Pledge of Allegiance and, except in the absence of a quorum, shall proceed to business in the manner prescribed by these rules.
Rule 6. (1) The Presiding Officer shall preserve order and decorum; may speak to points of order, rising for that purpose; and shall decide questions of order, subject to an appeal to the House. When two or more Members rise at once, the Presiding Officer shall name the Member who is first to speak.
(2) The Presiding Officer shall not permit distribution on the floor of items or correspondence unless they pertain to that day's calendar and are endorsed by the Member requesting the distribution.
(3) The Presiding Officer shall not permit announcements that are not governmentally related.
(4) When deemed appropriate, only the Presiding Officer shall lead the House in observing a moment of silence.
Duties of Speaker as Chief Administrator.
Rule 7. (1) Payment to all persons, authorized under paragraphs (2), (3), and (4) to expend House funds for transportation, lodging, meals, registration fees and related items, shall be made in accordance with an established set of expenditure regulations as predetermined and prepublished to Members by the Speaker. The regulations shall set forth the guidelines for amounts, methods of payment and time of payment for such items. When, in the judgment of the Speaker, it is desired to revise the regulations, the Speaker may make such revision upon 15-day notice to all Members.
(2) The Speaker may authorize persons to make expenditures from the general funds of the House for administrative purposes. The Speaker may from time to time, with the concurrence of the Minority Leader and the Majority Floor Leader, enter into contracts for the purchase and payment of benefits affecting employees, Members of the House, retirees and their successors in interest.
(3) Regular standing committees of the House shall be allotted such funds as the Speaker may authorize. The Speaker may restrict selected expenditures to a lesser number of Members, alternates or substitute Members, than the number of Members of the standing committee. The funds may be expended for items specified in paragraph (1) and for contractual services, publications and supplies. All expenditures under this paragraph shall be approved by the committee Chair and the Speaker and for items specified in paragraph (1) shall be in accordance with the regulations and guidelines provided for by paragraph (1).
(4) Additional committees may be authorized by resolution of the House which resolutions shall set forth the maximum budget of such committees. Members, alternates and substitute Members of such additional committees shall be appointed by the Speaker unless otherwise specified in the resolution. The Speaker may restrict selected expenditures to a lesser number of Members, alternates or substitute Members than the number of Members specified in the resolution. Budgeted funds may be expended for items specified in paragraph (1), for contractual services, publications, supplies and any other items specified in the resolution. Payments for contractual services may be authorized by the committee Chair and the Speaker. All expenditures under this paragraph for items specified in paragraph (1) shall be in accordance with the regulations and guidelines provided for by paragraph (1).
Appointments by the Speaker.
Rule 8. The Speaker shall appoint all committees, except where the House shall otherwise order. If the Speaker makes permanent or temporary additions to any standing or special committee, the names and the appointments shall be published in the House Journal prior to their taking any action as a Member of that committee, except when the House is adjourned or in recess, in which case the addition or appointment shall appear in the next House Journal.
Appointment of Employees by Speaker.
Rule 9. Except as otherwise provided in these rules, the Speaker, or the Speaker's designee, shall appoint all employees of the House. The compensation for all employees and officers of the House shall be fixed by the Speaker, or the Speaker's designee. All employees of the House shall maintain a status as non-tenured, at-will employees. All employees of the House work at the pleasure of the Speaker, or the Speaker's designee, shall be subject to the Speaker's, or the Speaker's designee's, orders, and may be transferred to a different position, demoted, suspended, or summarily removed by the Speaker, or the Speaker's designee.
Naming of Acting Speaker.
Rule 10. The Speaker, may, by filing a written notice with the Clerk, substitute any Member to perform the duties of the Presiding Officer, but not for a longer time than one day without leave of the House. Such notice shall be spread upon the House Journal.
Voting.
Rule 11. The Speaker and Presiding Officer may vote on all elections, on all divisions called for by any Member, and on all questions taken by yeas and nays.
Putting the Question.
Rule 12. (1) The Presiding Officer shall distinctly put all questions in this form: "All in favor of (as the question may be), say 'aye' and after the affirmative vote is expressed, "All opposed, say 'nay'." If in doubt the Presiding Officer may order a division of the House. A division of the House may be had on the demand of ten Members, or a roll call of the House may be demanded by one-fifth of the Members present (see Const 1963, Art 4 § 18) on any pending question and in such case the record of the votes and names of the voting Members shall be entered in the House Journal.
(2) When a division of the House is ordered, the voting board shall be used, and the Clerk shall announce the vote and the Presiding Officer shall declare the result. On a tie vote the question shall be deemed as lost. A majority of those voting shall decide any question on a rising vote unless otherwise provided.
Recognition During Roll Call.
Rule 13. (1) After a question has been stated by the Presiding Officer, and the calling of the roll has been started by the Clerk, the Presiding Officer shall not recognize a Member for any purpose, until after the announcement of the vote by the Clerk except:
(a) Upon points of order;
(b) To request an excuse for another Member;
(c) To announce intent not to vote for reason of potential conflict of interest; and
(d) To request that the board be cleared.
(2) The Presiding Officer shall preserve order and direct Members who are not in their seats to resume them.
(3) The Clerk shall enter upon the House Journal the names of those voting "aye" and the names of those voting "nay", which roll call shall be consecutively numbered by the Clerk and so recorded in the House Journal.
SPEAKER PRO TEMPORE
Powers and Duties.
Rule 14. (1) In the absence of the Speaker, the Speaker Pro Tempore shall exercise the powers and perform the duties of Speaker, and shall preside over the House, unless the Speaker shall have designated another Member to preside for any day.
(2) In the absence of the Speaker and the Speaker Pro Tempore, an Associate Speaker Pro Tempore shall exercise the powers and perform the duties of Speaker and shall preside over the House, unless the Speaker shall have designated another Member to preside for any day.
(3) In the absence of a designated Presiding Officer, the Clerk shall preside and if a quorum is present shall designate a temporary Presiding Officer of the same party as the Speaker.
CLERK
Roll Call.
Rule 15. The Clerk shall serve as parliamentarian of the House. The Clerk shall take the roll at the opening of each session of the House and announce whether or not a quorum is present. The Clerk shall enter upon the House Journal the names of the Members present for attendance roll call, the names of the Members specifically excused from session, and the names of the Members absent from session. The term "roll call" as used in these rules shall mean a record roll call.
Conduct of Religious Exercises.
Rule 16. The Clerk shall arrange for a Member to offer an invocation which will not exceed 2 minutes in length at the opening of each session of the House. This invocation shall be general in nature. For special occasions, the Clerk may arrange for religious services as needed.
Publication and Correction of House Journal.
Rule 17. (1) The Clerk shall make up and complete the House Journal in conformity with the rules, supervise the daily publication thereof, and make such corrections therein from day to day as may be necessary. During the consideration and passage of appropriation bills, the Clerk is authorized to correct totals that may have been affected by amendments made to items in the bill, such corrections to be made to the official bill.
(2) The House Journal shall be the only official record of the proceedings of the House.
House Calendar.
Rule 18. The Clerk shall keep the several orders of business separate and distinct, and shall prepare and make available to each Member each day a list of the business under each order of business.
Printing, Announcement of Printing and Enrollment of Bills.
Rule 19. The Clerk shall attend to the printing or reproduction of all bills, acts or documents ordered printed or reproduced by the House. The Clerk shall announce each day the numbers of all bills and joint resolutions, both House and Senate, which have been printed or reproduced and placed upon the files of the Members, and the number of House bills which have been enrolled and presented to the Governor.
Responsibility for Care of Bills; Presentation of Enrolled Bills to Governor.
Rule 20. The Clerk shall be responsible to the House for the care and preservation of each bill introduced into the House, and for each bill received from the Senate up to the time of its return to that body, which responsibility shall only be relieved by a receipt from a proper person when the bill passes from his or her possession. The Clerk of the House may be authorized by a motion to enroll a House bill while the House is not in session if that bill has passed both Houses and no action is pending. The Clerk of the House shall notify the House of such action on the next House legislative day. When a bill has been finally passed by the two Houses, the Clerk shall present to the Governor an enrolled copy thereof, taking a receipt therefor showing the day, hour and minute at which such copy was deposited in the executive office.
Appointment of Assistants.
Rule 21. The Clerk shall, by and with the consent of the Speaker, appoint an Assistant Clerk and other assistants in the performance of the duties required of the Clerk. All assistants of the Clerk and employees of the House assigned to the Clerk's office shall maintain a status as non-tenured, at-will employees. All assistants and employees of the House assigned to the Clerk's office work at the pleasure of the Clerk or Speaker, shall be subject to the orders of the Clerk or Speaker, and may be transferred to a different position, demoted, suspended, or summarily removed by the Clerk or Speaker. The compensation for assistants and employees of the Clerk's office shall be fixed as provided in Rule 9.
Accreditation of News Media.
Rule 22. (1) The Clerk of the House shall pass upon the applications of all members of the news media. Persons desiring to be accredited as official media correspondents at the two-year session shall file a written application with the Clerk. When issuing credentials, the Clerk shall instruct the media person as to conduct on the House floor by issuing guidelines.
(2) Members of the press corps shall comply with all House rules and guidelines and shall, while on the House floor during session, display credentials at all times.
Responsibility for Care of House and Televising House Session.
Rule 23. (1) The Clerk of the House shall exercise supervisory care and control of the Hall of the House of Representatives and all House rooms and equipment assigned to the office of the Clerk. The Clerk shall from time to time, upon prior written authorization by the Speaker, have made such repairs and alterations in the House Chambers and the rooms and corridors connected therewith and their furniture and equipment, as may be necessary.
(2) Consistent with the standing rules of the House, and any guidelines or procedures adopted by the House Television Oversight Committee, the Clerk shall be responsible for televised coverage of House session.
(3) As directed by the Speaker, the Clerk shall enter into contractual agreements for rental of House facilities.
Incapacity of Clerk.
Rule 24. In case of the inability of the Clerk, from sickness or other cause, to perform the duties of that office, an Assistant Clerk, as provided for in rule 21, shall be charged with the responsibility of the Clerk and shall perform the Clerk's duties. In case a vacancy exists in the office of Clerk, an Assistant Clerk, as provided for in rule 21, shall assume the Clerkship and perform the duties of Clerk until a successor has been elected.
Notices in Cases of Extra Sessions.
Rule 25. Whenever the Legislature shall be called to meet in extraordinary session or in case of emergency, the Clerk of the House shall notify Members and staff of the date and time of convening.
SERGEANT AT ARMS
Definitions.
Rule 26. The Sergeant at Arms shall be the chief police officer of the House and shall be appointed by the Speaker. Under the direction of the Speaker, the Clerk of the House shall supervise and direct the work of the Sergeant at Arms and Assistant Sergeants at Arms, and may commission the Sergeant at Arms and Assistant Sergeants at Arms, who meet the certification requirements of this state, as law enforcement officers with the powers provided under the Legislative Sergeant at Arms Police Powers Act. (See MCL 4.381 - 4.382)
Powers and Duties.
Rule 27. The Sergeant at Arms shall have charge, under the direction of the Clerk, of the Assistant Sergeants at Arms and pages, and control of all police regulations. The Sergeant at Arms shall have authority to serve subpoenas and warrants issued by the House or any duly authorized officer or committee, or cause the same to be done by one of the Assistant Sergeants at Arms, or a duly authorized agent. The Sergeant at Arms shall see that all visitors are seated and at no time are standing on the floor or balconies of the House. The Sergeant at Arms shall ensure that reasonable decorum is maintained in the lobby immediately in front of the entrance to Representative Hall to ensure access for Representatives and to ensure equal treatment for all citizens.
CHAPTER III
MEMBERS
Conduct in Debate.
Rule 28. When any Member is about to speak in debate or present any matter to the House, the Member shall rise and respectfully address the Presiding Officer, confine remarks to the question under debate and avoid personalities and reference by name.
Members Called to Order.
Rule 29. If any Member in speaking transgresses the rules of the House, the Presiding Officer shall, or any Member may, call the transgressor to order, in which case the Member so called to order shall immediately sit down and shall not rise unless to explain or proceed in order.
Times Members May Speak.
Rule 30. No Member shall speak more than once on the same question without leave of a majority of those voting, unless the Member is the prime sponsor of the matter pending, or Chair of the committee that reported it, in which case he or she shall be privileged to speak twice. The prime sponsor, and Members designed as floor managers, shall be the first recognized to speak by the Presiding Officer.
VOTING
Voting by the Electronic Roll Call System.
Rule 31. (1) When taking the ayes and nays on any questions to be voted upon, the electronic roll call system may be used, and when so used shall have the same force and effect as a roll call taken as otherwise provided in these rules.
(2) When the House is ready to vote upon any questions requiring a roll call, and the vote is to be taken by the electronic roll call system, the Presiding Officer shall announce:
"The question before the House is (designating the matter to be voted upon). All in favor shall vote 'aye', all opposed shall vote 'nay'. The House will now proceed to vote."
When sufficient time has been allowed the Members to vote, the Presiding Officer shall announce: "Have all Members voted?" After a short pause, the Presiding Officer shall say: "The Clerk shall close the board." Any Member shall be privileged to vote or change his or her vote after the board has been closed by rising and, when recognized by the Presiding Officer, announcing his or her vote before the result of the vote has been announced by the Clerk. After a sufficient time has passed to allow late voting, the Presiding Officer shall say: "The Clerk shall tally, display, and announce the vote."
The Clerk shall immediately announce and display the result to the House. The Clerk shall enter upon the House Journal the result in the manner provided by the rules of the House.
(3) No Member shall vote for another Member, nor shall any person not a Member cast a vote for a Member. In addition to such penalties as may be prescribed by law, any Member who shall vote or attempt to vote for another Member may be punished in such manner as the House may determine. If a person not a Member shall vote or attempt to vote for any Member that person shall be barred from the floor of the House for the remainder of the session and may be further punished in such manner as the House may deem proper, in addition to such punishment as may be prescribed by law.
(4) Upon the passage of any question the vote shall be taken by the ayes and nays and entered upon the House Journal on request of one-fifth of the Members shown to be present by the House Journal entries. (See Const 1963, Art4 § 18)
Vote Explanations.
Rule 32. (1) Any Member shall be privileged to reserve the right to explain his or her "no/nay" vote on a record roll call vote, but the Member shall reserve the right at the time of voting and not otherwise. To be printed in the House Journal, the "no/nay" vote explanation shall be submitted in writing to the office of the Clerk of the House within one hour of the time the Majority Floor Leader announces there will be no further voting today. The "no/nay" vote explanation shall not exceed three minutes verbally nor be greater than 500 words.
(2) If a Member desires to abstain from voting because of a potential conflict of interest, the Member may rise, announce his or her intent not to vote, and reserve the right to explain the abstention. If requested, the Member shall be granted the right to have the explanatory statement, not to exceed 100 words, printed in the House Journal. To be printed in the House Journal, the abstention from voting explanation shall be submitted to the office of the Clerk of the House within one hour of the time the Majority Floor Leader announces there will be no further voting today. The statement may also be read from the floor following explanation of "no/nay" votes and shall not exceed three minutes.
(3) "No/nay" vote explanations or explanations of abstention from voting shall not be edited by the Clerk before publication in the House Journal.
Voting Intention Explanations.
Rule 33. No Member shall enter in the House Journal his or her voting intention unless the Member was present that legislative day and was specifically excused from that portion of the session at which time the actual vote was taken.
Conduct.
Rule 34. (1) No person shall pass between the Presiding Officer and a Member who has the floor. While the Presiding Officer is putting any question, or any Member is speaking, the Members shall not entertain private discourse or pass between the Presiding Officer and the Member speaking.
(2) The Members shall keep their seats until the Majority Floor Leader announces that no further voting will occur or the Presiding Officer announces that the House is adjourned.
CHAPTER IV
COMMITTEES
STANDING COMMITTEES
Names and Number of Members.
Rule 35. (1) All standing committees shall be appointed by the Speaker, except where the House shall otherwise order.
(2) The standing committees of the House and the number of Members shall be as follows:
(a) Agriculture and Resource Management (11)
(b) Appropriations (30)
(c) Commerce (19)
(d) Conservation and Outdoor Recreation (11)
(e) Criminal Justice (9)
(f) Education (19)
(g) Employment Relations, Training and Safety (9)
(h) Energy and Technology (19)
(i) Family and Children Services (11)
(j) Government Operations (5)
(k) Great Lakes and Tourism (7)
(l) Health Policy (17)
(m) Higher Education (7)
(n) House Television and Oversight (6)
(o) Insurance (15)
(p) Judiciary (13)
(q) Land Use and Environment (11)
(r) Local Government and Urban Policy (11)
(s) Regulatory Reform (11)
(t) Senior Health, Security and Retirement (9)
(u) Tax Policy (17)
(v) Transportation (17)
(w) Veterans Affairs and Homeland Security (11)
(3) Statutory Standing Committees:
(a) Administrative Rules (5)
(b) House Fiscal Agency (6)
(c) Legislative Council (6)
(d) Legislative Retirement (4)
(e) Michigan Capitol Committee (4)
(4) Any Member of any committee who is absent from attendance at any such committee meetings for three committee meetings, unless excused from attendance by the committee according to Rule 36, shall be automatically dropped from membership on such committee, and the committee automatically reduced unless the Speaker of the House shall fill such vacancy. Each committee clerk shall keep a record of attendance at all committee meetings, and shall make a written report to the office of the Clerk of the House showing the names of those present, the names of those absent, and the names of those excused from attendance, which shall be entered upon the House Journal. When a Member has been absent for three meetings of a committee without proper excuse, the Clerk of the House shall report the name of such Member, together with the dates of said meetings, to the Speaker of the House, and advise the Member of such action. The Speaker of the House shall then fill such vacancy by appointing a Member to the committee.
(5) The daily House Journal shall report the roll call on all motions to report bills, joint resolutions and reorganization orders. (See Const 1963, Art 4 § 17)
(6) Committees shall adopt a meeting schedule at the commencement of each term which shall be printed in the House Journal. Additional meetings may be called by the Chair or by a majority of the Members in writing to the Clerk of the House. The Chair may cancel any scheduled meeting, except one called by a majority of the Members, by notice to the Members.
Uniform Committee Rules.
Rule 36. (1) Committees and subcommittees shall operate under the rules of the House and the uniform committee rules which shall be published in the House Journal. The Clerk of the House shall assign committee clerks with the approval of the respective committee Chairs. Duties of committee clerks shall be prescribed by the Clerk of the House.
(2) Special committees shall operate under the same rules as standing committees insofar as practical. Conference committees on House bills shall meet at a place assigned by the Clerk.
(3) All committees will operate under the following rules and other uniform committee rules as determined and published by the Speaker:
(a) A quorum of a committee shall consist of a majority of the Members appointed and serving;
(b) Members of standing committees may not check in for a committee meeting and leave their vote. Members of committees may only cast a vote if they are present at the meeting during the vote;
(c) It shall require an affirmative vote of a majority of the Members appointed to and serving on a committee in order to:
(i) Report a bill or resolution out of committee
(ii) Amend or substitute a bill or resolution
(iii) Reconsider a vote to report a bill or joint resolution from committee
(d) Provided a quorum of a committee is present, it shall require an affirmative vote of a majority of the Members voting in order to:
(i) Table a bill or resolution
(ii) Take a bill or resolution from the table
(iii) Reconsider a vote, other than in subdivision (c)(iii)
(e) It shall require an affirmative vote of a majority of the Members voting in order to:
(i) Postpone action on a bill or resolution
(ii) Recess
(iii) Adjourn a meeting
(f) Each chair of a standing committee shall determine the agenda for a committee meeting; and
(g) The chair of a standing committee may create subcommittees and shall designate the bill(s), resolution(s) or topic(s) to be considered by each subcommittee. The chair of the standing committee shall designate a chair of the subcommittee and shall appoint Members to each subcommittee.
(4) The Speaker may designate additional Members to serve on any subcommittee of the Committee on Appropriations as voting members who do not serve on the full committee.
(5) Subcommittees of standing committees shall follow the same rules as standing committees.
(6) Meetings or public hearings of committees may be scheduled outside of Lansing with prior written approval of the Speaker. Subcommittees must have the prior written approval of the chair of the standing committee and the Speaker in order to conduct a public hearing or meeting outside of Lansing.
(7) All meetings or public hearings of committees or subcommittees shall comply with the following procedures in order to assure public access (See Const 1963, Art 4 §§ 16 and 17):
(a) All meetings or public hearings shall be open to the public and accessible;
(b) The right of any person to attend a meeting or public hearing includes the right to tape-record, videotape, and/or broadcast live on radio or television;
(c) As defined in paragraph (7)(b), the right of any person to attend a meeting or public hearing may not be conditioned on prior approval of, or notice to, the committee or subcommittee;
(d) All decisions of a committee or subcommittee shall be made at a public meeting. A committee may not round robin a bill nor may the roll call vote of a committee be left open;
(e) The right of a person to attend a meeting or public hearing shall not be limited by a requirement that she or he register or otherwise provide his or her name or other identifying information to the committee, the committee chair, a subcommittee or a subcommittee chair;
(f) A person shall not be excluded from a meeting or public hearing of a committee or subcommittee except for a breach of the peace or in order to protect the health and safety of all persons in attendance at the meeting;
(g) A rescheduled or a special meeting of a committee or subcommittee shall be posted at least 18 hours before the scheduled meeting time. No committee or subcommittee shall remain in session or stand in recess beyond the hour of 12:00 midnight; and
(h) Notice of committee or subcommittee meetings or public hearings shall include notice that individuals needing special services to fully participate in the meeting or public hearing may contact the committee or subcommittee chair to request the necessary assistance.
(8) Each committee shall have written minutes prepared of each meeting. The minutes shall include the date, time, place, Members present, Members absent, Members excused, and any decisions which were made. The minutes shall also include all roll call votes taken at the meeting. The proposed minutes of a meeting shall be available for inspection by the public within 8 working days of the meeting. Minutes shall be approved by the committee at a subsequent meeting. Approved minutes shall be available for public inspection no later than 5 working days after approval.
(9) Committees shall excuse a Member from attending a committee meeting:
(a) Upon a showing of personal illness;
(b) Because of a death in the immediate family;
(c) Upon showing of serious immediate family illness;
(d) Because the Member is in attendance at some other committee meeting; and
(e) Any other reason the committee deems appropriate.
(10) Committees shall not meet during a session of the House without the consent of the House.
(11) There shall be no smoking during a meeting of a standing committee or a subcommittee.
(12) To the extent practical, special committees shall follow the same rules as standing committees of the House.
(13) Portable telephones shall not be used in a room in which a committee of the House is meeting while that meeting is occurring.
(14) With approval of a majority of the Members appointed and serving on the committee, a committee may adopt additional rules provided they do not conflict with the Uniform Standing Committee Rules or with the Standing Rules of the House.
(15) A motion for previous question is not in order.
Chair of Committee.
Rule 37. The first named Member of any committee shall be the Chair, and the second named Member shall be Vice-Chair. In the absence of both the Chair and Vice-Chair the next named Member of the Majority party in attendance shall act as Chair. The Chair or any Member of the committee may place under oath or affirmation any person who appears to testify before the committee.
Government Operations Committee and Auditor General Reports.
Rule 38. The Government Operations Committee shall receive all reports presented by the Legislative Auditor General. The Government Operations Committee shall review the report and, if appropriate, refer the Auditor General reports to the appropriate standing committee for consideration. After reviewing the report, the standing committee shall report its response to the Auditor General's report to the Government Operations Committee within 60 days of the date of referral. Consideration by the standing committee shall not impede or preclude any Member from initiating any action in response to the Auditor General report.
Subpoena Power.
Rule 39. The right of a committee to subpoena shall be granted by resolution of the House in accordance with Mason's Manual of Legislative Procedure - most current edition. The vote on adoption of a subpoena power resolution shall be by record roll call vote. The votes of a majority of the Members elected and serving shall be required for adoption.
Sitting of Committees During Sessions of the House.
Rule 40. No committee shall sit during the sessions of the House, without leave of the House. Any committee thus excused shall be deemed to be present on a Call of the House.
Reports of Committees.
Rule 41. (1) A committee may recommend amendments, a substitute, or referral to another committee, with or without recommendation as to passage.
(2) Substitute bills reported by the committee shall include all adopted amendments and shall be prepared by the Legislative Service Bureau. A majority of the Members serving on a committee shall be necessary to report a bill out of the committee. A majority of the Members appointed to a committee and serving shall constitute a quorum. The Chair and Minority Vice-Chair or Majority and Minority Floor Leaders may designate their respective floor manager on any bill reported from the committee. Minority reports shall not be permitted or received by the House. Bills reported without recommendation as to passage shall lie on the table.
(3) All bills favorably reported back to the House shall be referred to second reading together with amendments recommended by the standing committee. If more than one standing committee has considered a bill, the amendments recommended by each committee shall be considered in the chronological order of committee consideration and the report of the last committee to consider the bill shall contain the amendments recommended by the previous committees.
Public Hearings.
Rule 42. A committee may provide for a public hearing on any bill referred to that committee. Notice of such hearing, its subject, time and place, shall be given in writing to the Clerk of the House who shall announce the hearing to the House, publish it in the House Journal and in the House calendar and post it on the bulletin board designated by the Clerk for the posting of such notices.
CHAPTER V
TRANSACTION OF BUSINESS
Order of Business.
Rule 43. (1) The order of business of the House shall be as follows, unless otherwise ordered by the House:
(a) Motions and Resolutions;
(b) Reports of Select Committees;
(c) Reports of Standing Committees;
(d) Messages from the Senate;
(e) Third Reading;
(f) Second Reading;
(g) Notices;
(h) Announcement by the Clerk of Printing and Enrollment;
(i) Messages from the Governor;
(j) Comments and Recommendations;
(k) Explanation of "No" Votes;
(l) Communications from State Officers;
(m) Introduction of Bills;
(n) Announcements by the Clerk; and
(o) Presentation of Petitions.
(2) Routine business on which no vote of the House is required may be disposed of on any day, with or without a quorum present, and proper entries thereof shall be made in the House Journal. If a quorum is not present, any item of business becoming the subject of a floor motion shall forthwith be postponed to the next legislative day.
(3) The business of the House shall not be delayed or interrupted by speeches by nonmembers, presentations, awards, ceremonies or musical programs, unless, on motions of the Majority or Minority Floor Leader, the House shall by vote of the majority of Members elected and serving, on a record roll call vote, agree to set aside a specific time for such purposes. Such time shall be after all other legislative business has been completed. Such motion shall be made not later than 24 hours prior to the time proposed to be set aside.
BILLS
Introduction.
Rule 44. (1) All bills to be introduced shall be approved as to form and numbering of sections by the Legislative Service Bureau, be signed by the Member introducing them, and ten copies of each shall be handed to the office of the Clerk not later than 3 hours prior to calling the House to order. The Clerk shall number bills in the order of receiving, and present the same to the House at the next session of the House. All bills shall be introduced in typewritten or printed form.
(2) Once a bill has been turned in to the Clerk's office for introduction, up to 3 hours prior to calling the House to order, a Member may add his or her signature as a co-sponsor only with the permission of the sponsor.
(3) No person may add or remove any signature, other than his or her own, from a bill being introduced.
(4) The Speaker shall refer all bills and joint resolutions to a standing committee no later than one House legislative day after being submitted to the Clerk of the House.
(5) The Speaker may change the original referral of a bill or resolution by written communication submitted to the Clerk of the House before the end of session on the next House legislative day following the day of the original referral. Notices of the written communication shall be announced by the Clerk of the House during session and shall be printed in the Journal.
Order of Consideration.
Rule 45. (1) The regular order to be taken by bills introduced in the House shall be as follows:
(a) Notice of introduction;
(b) Introduction, first reading of title, order printed or reproduced and reference to a standing committee designated by the Speaker;
(c) Report by the committee and placing on Second Reading;
(d) Consideration of Second Reading in order of reference;
(e) Third Reading and vote on passage;
(f) Transmission to Senate if passed;
(g) Returned by the Senate, and, if not amended by the Senate, reference to the Clerk for enrollment printing; if amended by the Senate, laying over one day, and consideration under the same order of business (Messages from the Senate); and (if amendments are concurred in) reference to the Clerk for enrollment printing; and
(h) Report by Clerk of enrollment printing and presentation to the Governor. Senate bills shall, as far as possible, take the same course as House bills.
(2) All joint resolutions proposing amendments to the Constitution shall take the same course as bills and shall be identified by letter, i.e., "A", "B", "C", etc.
(3) Nothing in these rules shall prevent a majority of the Members elected to and serving in the House from discharging a committee from further consideration of any measure. (See Const 1963, Art 4 § 16) A notice of at least one day shall be given of a motion to discharge any such committee, the notice to be in writing and entered upon the House Journal. If a committee of the House is discharged from further consideration of a bill, the bill shall be referred to the order of Second Reading.
(4) Such notice may be offered again on any succeeding legislative day of the same legislative session, but not more than a second time by the same Member.
Reading.
Rule 46. (1) Every bill shall be read three times in the House before its final passage. (See Const 1963, Art 4 § 26) The first and second readings may be by its title only, but the third reading shall be in full unless otherwise ordered by 4/5 of the Members voting in the House.
(2) No bill shall be passed or become a law at any regular session until it has been printed or reproduced and in the possession of the House for at least five days. (See Const 1963, Art 4 § 26)
(3) The Speaker or his or her designee may direct that a bill be printed or reproduced out of order.
Commitment and Amendment.
Rule 47. No bill shall be referred to a committee until it has passed its first reading. No bill shall be altered or amended on its passage through the House so as to change its original purpose as determined by its total content and not alone by its title. (See Const 1963, Art 4 § 24)
Referral to Second Reading.
Rule 48. All bills reported favorably by any committee of the House shall be referred to the order of Second Reading and lie over one day. Such bills shall be kept on file in the order of referral for consideration, and such file shall be called "Second Reading".
Second Reading.
Rule 49. When the House shall have arrived at "Second Reading" it shall consider the bills in the order of referral or such order as may be determined by a majority of those voting. Appropriation bills shall be considered an exception to this rule and shall be placed at the head of the calendar for that order each day and shall be given preference in printing and reproduction over other bills.
Second Reading Amendment.
Rule 50. (1) Under the order of Second Reading, bills shall be read a second time by their title. Committee recommendations, committee substitutes, and committee amendments shall be considered first. Amendments to committee substitutes or committee amendments shall not be considered until such committee substitutes or amendments have been adopted by the House. Amendments offered from the floor shall be submitted to the Clerk and shall be approved as to form by the Clerk before consideration.
(2) When a substitute is offered, amendments to the proposed substitute shall not be considered before the proposed substitute is adopted.
(3) On motion a bill may be advanced to the order of Third Reading by a vote of a majority of the Members voting. Such motion shall take precedence following the motion to amend.
(4) The body of a bill shall not be defaced or interlined.
Amendment; Vote.
Rule 51. No bill shall be amended prior to its Second Reading. Bills which have been considered on Second Reading shall be advanced to the order of Third Reading, either by motion and concurrence of a majority of the Members voting or in the absence of objection. Bills shall be subject to all subsidiary motions on Third Reading. Amendments offered on Third Reading shall not be considered, nor printed in the House Journal, unless seconded by a majority of the Members voting. Amendments on Second or Third Reading shall require a majority of the Members elected and serving for adoption. This requirement shall apply to amendments in the first and second degree and no further degree shall be permitted. A substitute shall be considered an amendment in the first degree.
Amendment; Third Reading.
Rule 52. (1) Bills may be considered for final passage, by a suspension of the rules, without having been considered on Second Reading and may then be amended prior to their passage by a majority vote of the Members elected and serving. Bills considered on Second Reading may be placed on Third Reading for immediate passage by motion and concurrence of a majority of the Members elected and serving.
(2) Bills failing of passage will be subject to reconsideration and if reconsidered will be subject to consideration on the order of Third Reading.
Amendment; Co-sponsors.
Rule 53. After an amendment has been turned into the Clerk's office, a Member may not add his or her name as a co-sponsor without the approval of the sponsor.
Majority Vote on Bills.
Rule 54. (1) No bill shall become a law without the concurrence of a majority of the Members elected to and serving in the House. On the final passage of bills, the votes and names of the Members voting thereon shall be entered in the House Journal. (See Const 1963, Art 4 § 26)
(2) After a House bill has been passed, or upon final action on a House bill returned from the Senate, a Member may add his or her name as a co-sponsor to a bill with the approval of the sponsor or the sponsor's motion to open the board for that purpose.
Extraordinary Vote Requirements.
Rule 55. (1) Action by the House on any of the following matters shall require the vote of two-thirds of the Members elected and serving:
(a) Expulsion of Member (See Const 1963, Art 4 § 16);
(b) Immediate Effect (See Const 1963, Art 4 § 27);
(c) Local or Special Act (See Const 1963, Art 4 § 29);
(d) Private or Local Purpose Appropriation (See Const 1963, Art 4 § 30);
(e) Overriding Veto or Line Item Veto (See Const 1963, Art 4 § 33);
(f) Bank and Trust Company Laws (See Const 1963, Art 4 § 43);
(g) Create Courts of Limited Jurisdiction (See Const 1963, Art 6 § 1);
(h) Removal of Judges (See Const 1963, Art 6 § 25);
(i) Long Term State Borrowing (See Const 1963, Art 9 § 15);
(j) State Land Reserve Designation (See Const 1963, Art 10 § 5);
(k) Rejection or Reduction of Civil Service Pay Increases (See Const 1963, Art 11 § 5);
(l) Constitutional Amendment (See Const 1963, Art 12 § 1);
(m) Exceed Revenue Limits (See Const 1963, Art 9 § 27); and
(n) Mackinac Bridge Bonds Refunding (See Schedule, Const 1963 § 14).
(2) Action by the House on any of the following matters shall require the vote of three-fourths of the Members elected and serving:
(a) Any law which increases the February 1, 1994, statutory limits on the maximum amount of ad valorem property taxes that may be levied for school district operating purposes (See Const 1963, Art 9 § 3); and
(b) Amendment or Repeal of Initiated Law (See Const 1963, Art 2 § 9).
Title; Object; Reference to Compiler's Sections.
Rule 56. No bill shall embrace more than one object, which shall be expressed in its title. No bill shall be altered or amended on its passage through the House so as to change its original purpose as determined by its total content and not alone by its title. (See Const 1963, Art 4 § 24) If the bill proposes any amendment to existing laws, the sections of which have been assigned compiler's section numbers in the last general compilation or public acts, the title shall contain also a reference to the compiler's sections.
SPECIAL ORDERS
Unfinished Special Orders.
Rule 57. Any subject matter made the special order for a particular day not having been reached on that day shall come up for consideration under the same order on the next succeeding legislative day. The motion to place a bill on the special orders may be made only by the Majority or Minority Floor Leaders.
MOTIONS AND RESOLUTIONS
IN GENERAL
Stating Motions.
Rule 58. When a motion is made, and when necessary under the rules, seconded, it shall be stated by the Presiding Officer; or, if in writing, it shall be handed to and read aloud by the Clerk before being debated.
Reduced to Writing.
Rule 59. Every motion shall be reduced to writing if the Presiding Officer or any Member shall request it, and shall be entered upon the House Journal, together with the name of the Member making it, unless withdrawn upon request of the Member making it and by a majority vote of those voting, or ruled out of order by the Presiding Officer.
When in Possession; Withdrawal.
Rule 60. After a motion has been stated by the Presiding Officer, or read by the Clerk, it shall be deemed to be in the possession of the House, but may be withdrawn at any time before decision or amendment upon request of the Member making it and by a majority vote of those voting.
Precedence of Motions.
Rule 61. (1) When a question is under debate, no motion shall be received except:
(a) To adjourn;
(b) To take a recess;
(c) To reconsider;
(d) To lay on the table;
(e) For the previous question;
(f) To postpone to a day certain;
(g) To commit;
(h) To amend; and
(i) To postpone indefinitely.
(2) Such motions shall take precedence in the order in which they stand arranged, and shall be decided by a majority vote of those Members voting, except the motion to postpone indefinitely and a motion to amend shall be decided by a majority vote of the Members elected and serving. When a recess is taken during the pendency of any question, the consideration of such question shall be resumed upon reassembling unless otherwise determined. No motion to postpone to a day certain, or to commit, being decided shall be again allowed on the same day and at the same stage of the question. A motion to postpone indefinitely having been decided shall not be subject to reconsideration. When a bill is up for consideration at any stage of procedure, and a motion is made to postpone indefinitely, or to strike out all after the style clause, amendments shall be in order before taking a vote on any such motion.
Always in Order; Not Debatable.
Rule 62. (1) The following motions are not debatable:
(a) Adjourn;
(b) Call of the House;
(c) Recess;
(d) Previous Question;
(e) Table or take from the table; and
(f) Decision of Presiding Officer unless an appeal is taken.
(2) The following motions are debatable but do not open the main question to debate:
(a) Commit;
(b) Discharge a committee;
(c) Postpone to a time certain; and
(d) Suspension of the Rules.
Order of Putting Questions.
Rule 63. All questions shall be put in the order they were moved, except in the case of privileged questions.
Amendments to be Germane.
Rule 64. No independent or new proposition or new question shall be introduced under color of an amendment. All amendments must be germane to the main question. When the question of germaneness is raised, the Presiding Officer shall rule on the question.
Division of Question.
Rule 65. Any Member may call for a division of the question, and if supported by a majority vote of the Members voting, the question shall be divided if its components are so distinct that if one is taken away a substantive proposition shall remain for the decision of the House. A motion to strike out and insert shall be deemed indivisible.
MOTIONS FOR THE PREVIOUS QUESTION
Method of Ordering.
Rule 66. (1) The method of ordering the previous question shall be as follows: Any Member may move the previous question, and the motion shall apply to the pending question only. This being seconded by at least ten Members, the Presiding Officer shall put the question, "Shall the main question now be put?" This shall be ordered only by a majority of the Members voting. After the seconding of the previous question and prior to ordering the same, a Call of the House may be moved and ordered, but after ordering the previous question nothing shall be in order prior to the decision of the pending question, except:
(a) Demands for the ayes and nays;
(b) Points of order;
(c) Appeals from the decision of the Presiding Officer; and
(d) A motion to adjourn or to take a recess, which shall be decided without debate.
(2) The effect of the previous question shall be to put an end to all debate and bring the House to a direct vote upon the pending question. If the House shall refuse to order the pending question, the consideration on the subject shall be resumed as though no motion for the previous question had been made. No protest may be entered under the previous question.
MOTIONS TO RECONSIDER
Motions for Reconsideration.
Rule 67. Any Member may move for a reconsideration of any question on the same or next succeeding legislative session day. Reconsideration of the vote by which a bill passed the House, or any proposition requiring a vote in excess of a majority of Members elected and serving for adoption, shall require a majority of the Members elected and serving. The motion to reconsider shall not be renewed the same day. The same question shall not be reconsidered more than twice. A motion to reconsider any question shall not be subject to any subsidiary motion except to postpone for the day. The question of passing a bill the objections of the Governor notwithstanding shall not be reconsidered more than twice.
Notice of Reconsideration.
Rule 68. A notice of intention to move for a reconsideration of any bill may be given by any Member from the floor of the House or in writing to the Clerk, which shall be immediately announced by the Clerk, spread upon the House Journal, and the bill shall be retained by the Clerk of the House until after the time expires during which under Rule 67 the motion can be made, either by the Member serving such notice or by any other Member. Notice of intention shall not be in order on the day preceding a recess of one week or more, unless supported by two-fifths of the Members shown to be present by the House Journal entries, or at a time which would prevent passage of the bill. No other Members may move for reconsideration on the same day that notice of intention to move for a reconsideration is given.
Majority Vote.
Rule 69. Any proposition which requires for its adoption a two-thirds or three-fourths vote may, upon failure of adoption, be reconsidered by a majority vote of the Members elected and serving.
MOTIONS FOR CALLS OF THE HOUSE
Ordering Calls of the House.
Rule 70. Calls of the House may be ordered upon motion by a majority of the Members present, but the total vote in favor of such Call shall not be less than fifteen in number. A motion for a Call of the House shall not be entertained after the previous question is ordered.
Procedure.
Rule 71. After a Call of the House is ordered, the doors shall be closed and the Members shall not be allowed to leave the floor of the House without permission of the Speaker or the Speaker's designees. The roll of the House shall be called by the Clerk and the absentees noted. The Sergeant at Arms may, upon motion, be dispatched after the absentees. In such case a list of the absentees shall be furnished by the Clerk to the Sergeant at Arms, who shall report such absentees at the bar of the House with all possible speed. In case the Sergeant at Arms shall require assistance in addition to the regularly appointed Assistant Sergeants at Arms of the House, during an authorized Call of the House, the Speaker or Presiding Officer may, upon motion, deputize any person properly qualified, including any member of the Michigan State Police, as a special assistant Sergeant at Arms. The House may proceed to business under a Call of the House pending the arrival of any absentees.
APPEALS
Form of Question.
Rule 72. On all appeals from the decisions of the Presiding Officer, the question shall be "Shall the judgment of the Chair or Presiding Officer stand as the judgment of the House?" which question shall be decided by a majority vote of those voting, by a roll call vote. A tie vote sustains the judgment of the Presiding Officer.
Debate.
Rule 73. No Member shall speak more than once on the question of an appeal without leave of the House by a majority vote of those Members voting.
Tabling Appeals.
Rule 74. An appeal may be laid on the table but shall not carry with it the subject matter before the House at the time such appeal is taken.
Amendment or Suspension of Rules.
Rule 75. (1) Any rule of the House may be amended by a majority vote of the Members elected and serving. No rule shall be amended unless the amendment is in writing and in possession of the House five days prior to its consideration. A rule may be suspended by a vote of three-fifths of the Members shown to be present by the House Journal entries.
(2) Suspension of rules governing the operation or televising of House session shall be by record roll call and shall require the approval of three-fifths of the Members voting.
(3) Suspension of the rules as applied to matters pertaining to order of business, schedule of legislative sessions and adjournment may be by a majority vote of the Members elected and serving.
Practice.
Rule 76. In all cases not provided by the Constitution, the House Rules, or the Joint Rules of the Senate and House of Representatives, the authority shall be Mason's Manual of Legislative Procedure - most current edition.
House and Concurrent Resolutions.
Rule 77. Every resolution, both House and Concurrent, shall be read to the House, if not otherwise provided for, and shall be referred by the Speaker to a committee, or by the Presiding Officer to a committee designated by the Speaker unless under suspension of the rules immediate consideration is ordered. Resolutions of sorrow may be considered immediately upon presentation. All resolutions reported to the House by any standing committee shall not be eligible for consideration until the next legislative session day. The adoption of any concurrent resolution approving any intertransfer or transfer of any appropriation shall be by record roll call vote.
CHAPTER VI
PUBLIC ACCESS
FINANCIAL RECORDS
Access to Financial Records.
Rule 78. (1) The financial records of the House of Representatives shall be open for public inspection. Upon a written request which describes the financial record sufficiently to enable the House of Representatives to find the financial record, a person has a right to inspect, copy, or receive copies of that financial record of the House of Representatives. Documents shall be available for inspection during normal business hours.
(2) A copy of the House financial records shall be on file with the House Business Office, which shall have overall authority to administer the House financial records under the direction of the Speaker of the House.
(3) As used in this section, "financial record" means a budget, contract, purchase order, an expenditure authorization, voucher, check, warrant, lease, audit report, balance sheet, travel voucher, or allotment account.
(4) The following information contained in legislative financial records is exempt from disclosure under this rule:
(a) Information of a personal nature contained in financial records where the public disclosure of the information would constitute a clearly unwarranted invasion of an individual's privacy. Such information would include, but not be limited to, the following:
(i) An employee's social security account number, financial institution record, electronic transfer fund number, deferred compensation, savings bonds, W-2 and W-4 forms, and any court-enforced judgments.
(ii) An employee's health care benefit selection.
(iii) Telephone bill detail including the telephone number and name of individual called.
(iv) Unemployment Compensation and Workers' Disability Compensation records.
(b) Records and information specifically described and exempted from disclosure under statute or subject to attorney-client privilege;
(c) A bid or proposal by a person to enter into a contract or agreement, until the time for the public opening of bids or proposals, or if a public opening is not to be conducted, until the time for the receipt of bids or proposals has expired;
(d) Commercial or financial information or trade secrets voluntarily provided to the House of Representatives;
(e) Communications, notes, and electronic data within the House of Representatives or between the Legislature and other public bodies of an advisory nature; and
(f) Internet - use records.
(2) The House of Representatives may charge a reasonable fee for providing a copy of a financial record. The fee shall be limited to actual mailing costs and to the actual incremental cost of duplication or publication including labor, the cost of search, examination, review, and the deletion of exempt from nonexempt information.
(3) The House of Representatives may also charge a reasonable fee for providing for the inspection of financial records. This fee may include the actual incremental cost of supervising the inspection including labor, the cost of search, examination, review, and the deletion of exempt from nonexempt information.
Rule 79. The House may adopt any such other rules and policies as are necessary to provide for the orderly dissemination of materials to and communication with the public including, but not limited to, dissemination and communication by electronic means.
Televising of House Session.
Rule 80. (1) Nothing in these rules shall prohibit the televising of sessions of the Michigan House of Representatives.
(2) The televised coverage of sessions of the Michigan House of Representatives by House television shall be made available for dissemination, pursuant to subsection (4).
(3) All televised coverage of House session shall be unedited.
(4) No portion of the coverage (either live or taped) authorized pursuant to subsection (2) may be utilized in any fashion for campaign or political purposes or to promote or oppose a ballot issue or the candidacy of any person for any elective office. Only accredited news organizations, educational institutions, and non-profit public affairs documentary programs may utilize any portion of the House television feed. No part of the House television feed may be used in any paid commercial advertisements.
CHAPTER VII
MISCELLANEOUS
READING, ENDORSEMENT OF PAPERS AND PERSONAL PRIVILEGE
Reading and Personal Privilege.
Rule 81. (1) When the reading of a paper is called for and an objection is raised to such reading, the House by a majority vote of the Members voting shall determine whether or not the paper shall be read.
(2) Matters involving personal privilege are limited and include only the following:
(a) Anything tending to subject a Member to ridicule or contempt;
(b) Charges in news media accounts relating to a Member in his or her representative capacity only;
(c) News media accounts attributing to a Member remarks he or she has not made;
(d) Accusation by another Member in debate of intentional misrepresentation;
(e) Assault on a Member for words spoken in debate; and
(f) Arrest of a Member except for treason, felony or breach of the peace.
(3) Under a question of personal privilege a Member is required to confine his or her remarks to the matter of personal concern which shall not exceed 3 minutes and shall be made under the order of Comments and Recommendations.
(4) All constitutional protests shall not be greater in length than 500 words.
Expungement of Records and Petitions.
Rule 82. (1) Any Member may dissent from and protest against any act, proceeding or resolution which he or she deems injurious to any person or the public and have the reason for such dissent entered in the House Journal. Any matter may be expunged from the record as not being privileged by order of the House by a majority of the Members elected and serving. When any matter is ordered expunged from the record, as above provided, no mention shall be made of the same, nor of the action of the House in ordering such expungement.
(2) No memorial, remonstrance or petition, except recount petitions, shall be printed in the House Journal without having been read to the House and ordered printed in the House Journal by a majority vote.
(3) Written or verbal remarks made under the order of business of Comments and Recommendations shall not be printed in the House Journal except for remarks regarding departing Members.
QUALIFICATIONS OF MEMBERS
Oath of Office.
Rule 83. Upon objection by any Representative or Representative-elect, no Representative-elect shall be given the oath of office or be permitted to be seated as a Member if he or she has previously been convicted of any election law violation which contributed to his or her election to the House of Representatives, subversion or has within the preceding 20 years been convicted of a felony involving a breach of public trust. (See Const 1963, Art 4 § 7) Upon a finding by a majority vote of the Members elected and serving in the House that the offense committed by such Representative-elect is within the provisions of this rule, that person shall be declared to be not qualified for membership in the House, and the office shall be declared vacant. The question of a Member's qualifications shall be presented only by a Member.
CHAPTER VIII
EQUALLY DIVIDED HOUSE
Rule 84. If at any time during the Ninety-second legislative session, there are 55 Members duly elected and serving as Democrats as evidenced by the party he or she represented on the general or special election ballot from which he or she was elected to the Ninety-second legislative session, and 55 Members duly elected and serving as Republicans as evidenced by the party he or she represented on the general or special election ballot from which he or she was elected to the Ninety-second legislative session, then the House of Representatives shall proceed with the election of a Speaker and other officers provided for in Rule 1 by at least 56 votes.
CHAPTER IX
House Television and Oversight Committee.
Rule 85. (1) The House Television and Oversight Committee shall have 6 Members and membership shall be evenly divided between the two parties. The Members of the committee shall include the Speaker, the Majority Floor Leader, the Minority Leader, and the Minority Floor Leader. In addition to the individual Members designated by this subsection, one Member from each caucus shall be appointed by each respective caucus leader. The committee shall meet at the call of the Speaker or Minority Leader and shall be chaired by the Speaker.
(2) The House Television and Oversight Committee shall recommend to the House any revisions to the standing rules of the House which it determines are necessary to ensure that all televised coverage of House proceedings are consistent with acceptable standards of dignity, propriety and decorum.
Pending the reference of the resolution to a committee.
Rep. Richardville moved that Rule 77 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.
______
The Acting Clerk announced that the next business in order was the election of a Speaker.
Rep. Hummel placed in nomination the name of Rep. Rick Johnson.
Rep. Richardville moved that Rule 82 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Richardville moved that the following remarks be printed in the Journal.
The motion prevailed.
Rep. Hummel:
"Thank you, Mr. Clerk, and good afternoon ladies and gentlemen. I rise today with the honor of nominating Representative Rick Johnson as Speaker of the Michigan House of Representatives.
Rick isn't going to like what I have to say about him today. Oh, it's not because it won't be good, but because of the type of person he is. In fact, I think he's squirming a little bit even now.
I'd characterize Rick as a servant-leader. He leads by example. He wouldn't ask anyone to do anything he wouldn't do himself. And it's good for us that he can't do it all himself otherwise we'd be standing around with little to do.
During a conversation several months ago, as he was driving, his attention was turned toward a combine harvesting beans. From the tone of his voice, I could sense that he had a strong yearning to be out there on that combine himself. You see, Rick remembers his roots, where he came from and how it shaped his humility. Someone mentioned just this morning that Lansing hasn't changed Rick in the four years he's been here, but rather Rick has changed Lansing.
He has a tireless work ethic and will persevere until the job gets done. When most others have called it a day, you can see the light on in his office and his car in the parking lot.
Rick is selfless. He has been incredibly accessible and actually listens to what you have to say. For those of you returning, how many times have you seen a line of reps and staff waiting to ask a question or bend his ear and he patiently interacts with each one.
Finally, Rick has the leadership experience we'll need in the next two years. I'd be astounded if anyone could say he hasn't done a tremendous job as Speaker the last two years. With difficult economic times, with a Republican led legislature and Democrat administration, the people of Michigan will be blessed to have Rick continue as Speaker of the House.
For these reasons; his example of serving, his humility, his work ethic and perseverance, his selfless accessibility, and his past leadership experience, Rick Johnson is uniquely qualified to lead us.
Therefore, it is a great privilege and honor for me to nominate Representative Rick Johnson for our Speaker of the Michigan House of Representatives."
Rep. Byrum seconded the nomination of Rep. Rick Johnson.
Rep. Byrum:
"Mr. Clerk, it is a great privilege and honor to be standing here today. The House of Representatives is a trust given to us by the people of Michigan.
The 10 million people of this state have entrusted us to put aside our differences and to do what is right and good. We are here to reflect their hopes for their families and communities, their hard work and industry, and their commitment to justice and our democratic ideals. If we do good work here, it is because we represent a good people.
I have worked with Rick Johnson over the last several weeks to prepare for our work this year and I have come to believe that we can build on what we have in common.
Rick Johnson comes from a rural community and an agricultural background. I also come from a rural community, live on a 4th generation family farm and own a hardware store in the small town in which I was born and raised. But most importantly, we both share a commitment to improve the lives of the people of Michigan. In the coming legislative session, it is my hope that what we do together is far more important than our differences. I am looking forward to working toward that goal.
Mr. Clerk, it is a privilege to second the nomination of Representative Rick Johnson for the position of Speaker of the Michigan House of Representatives for the 92nd Session."
The question being on the election of a Speaker,
The roll of the House was called by the Clerk and the members voted as follows:
Roll Call No. 1 Yeas--107
Accavitti Garfield Meisner Sheltrown
Acciavatti Gieleghem Meyer Shulman
Adamini Gillard Middaugh Smith
Amos Gleason Milosch Spade
Anderson Hager Minore Stahl
Bieda Hardman Moolenaar Stakoe
Bisbee Hart Murphy Stallworth
Bradstreet Hood Nitz Steil
Brandenburg Hoogendyk Nofs Stewart
Brown Hopgood O'Neil Tabor
Byrum Howell Paletko Taub
Casperson Huizenga Palmer Tobocman
Caswell Hummel Palsrok Vagnozzi
Caul Hune Pappageorge Van Regenmorter
Cheeks Hunter Pastor Vander Veen
Clack Jamnick Phillips Voorhees
Condino Johnson, Ruth Plakas Walker
Daniels Julian Pumford Ward
Dennis Koetje Reeves Waters
DeRoche Kolb Richardville Wenke
DeRossett Kooiman Rivet Whitmer
Drolet Kratz Robertson Williams
Elkins LaJoy Rocca Wojno
Emmons LaSata Sak Woodward
Farhat Law Shackleton Woronchak
Farrah Lipsey Shaffer Zelenko
Gaffney McConico Sheen
Nays--0
The Acting Clerk announced that Rep. Rick Johnson, having received a majority vote of the members present and voting, was duly elected Speaker of the House of Representatives.
The Chair named as a committee to conduct the Speaker to the Chair, Reps. Ruth Johnson, Emmons and Jamnick.
______
The Speaker assumed the Chair.
Rep. Rick Johnson:
"Thank you for the honor of electing me to serve as the leader of this chamber. It is an honor I am proud of, and it is a job that I take very seriously. I also want to welcome everyone here today.
Welcome to my 109 fellow members of the House and to the families and friends who have come this afternoon. I look around and can see a few familiar faces. I see many, many new faces too.
I want it to be clear from day one I look forward to working with all of you, and together, to do what's right for the people of Michigan.
There is also one person that I would like to personally recognize. He is a close friend of mine, and I believe his life can be an example to all of us. I know he has been an example to me. His name is Joe Thompson.
Joe, like so many others great Americans, served our country in Vietnam. While he did come home from the war alive, his life was never the same.
Joe was shot during combat and his wound resulted in a severe disability that he has had to wake up with each and every morning.
To me, he is a hero. He is the ultimate example of courage and the ultimate example of what it means to serve others to serve the public.
He is the example that I want to hold up today as we begin our difficult work ahead and face the tough challenges of this new legislative session.
Everyone knows the passage from Abraham Lincoln's Gettysburg Address. Lincoln reminded us about the importance of a government of the people, by the people and for the people.
This afternoon and everyday from now until this session ends, my request of you is to never forget those last three words.
We are here to work for the people the people of Michigan.
To work for the kids in our schools who deserve the very best when it comes to their education.
To work for the parents who want and need good jobs to support their families.
To work for the patients who need a health care system that is affordable, accessible and accountable to their needs.
To work for the seniors who deserve the peace of mind knowing their retirement is secure and their homes are safe.
To work for the farmers who have been dedicated stewards of our land and providers of food for people around the world.
To work for the men, women and children who love Michigan's outdoors and take great pride in our Great Lakes.
To work for the taxpayers who rightfully expect their government to operate effectively and appropriate efficiently.
We are working for the people for the people of Michigan.
Every single one of us in this chamber today comes from a different place, and we all have been shaped by different experiences.
There is one thing, though, we all have in common. One thing ties us all together Republican or Democrat we are here to serve the people of Michigan.
And I look forward to serving with each and every one of you in the two years ahead. Thank you."
Reps. Richardville and Waters offered the following resolution:
House Resolution No. 2.
A resolution to provide for officers of the House of Representatives for the Ninety-second Legislature.
Resolved by the House of Representatives, That the following members are elected to the following offices of the House of Representatives for the Ninety-second Legislature:
Larry Julian--Speaker Pro Tempore
Stephen Ehardt--Associate Speaker Pro Tempore
Barb Vander Veen--Associate Speaker Pro Tempore
Pending the reference of the resolution to a committee,
Rep. Richardville moved that Rule 77 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, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 2 Yeas--108
Accavitti Garfield McConico Sheen
Acciavatti Gieleghem Meisner Sheltrown
Adamini Gillard Meyer Shulman
Amos Gleason Middaugh Smith
Anderson Hager Milosch Spade
Bieda Hardman Minore Stahl
Bisbee Hart Moolenaar Stakoe
Bradstreet Hood Murphy Stallworth
Brandenburg Hoogendyk Nitz Steil
Brown Hopgood Nofs Stewart
Byrum Howell O'Neil Tabor
Casperson Huizenga Paletko Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Rick Phillips Voorhees
Daniels Johnson, Ruth Plakas Walker
Dennis Julian Pumford Ward
DeRoche Koetje Reeves Waters
DeRossett Kolb Richardville Wenke
Drolet Kooiman Rivet Whitmer
Elkins Kratz Robertson Williams
Emmons LaJoy Rocca Wojno
Farhat LaSata Sak Woodward
Farrah Law Shackleton Woronchak
Gaffney Lipsey Shaffer Zelenko
Nays--0
In The Chair: Rick Johnson
Reps. Richardville and Waters offered the following resolution:
House Resolution No. 3.
A resolution to provide for the Clerk of the House of Representatives for the Ninety-second Legislature.
Resolved by the House of Representatives, That Gary L. Randall is elected to the office of Clerk of the House of Representatives for the Ninety-second Legislature.
Pending the reference of the resolution to a committee,
Rep. Richardville moved that Rule 77 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, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 3 Yeas--108
Accavitti Garfield McConico Sheen
Acciavatti Gieleghem Meisner Sheltrown
Adamini Gillard Meyer Shulman
Amos Gleason Middaugh Smith
Anderson Hager Milosch Spade
Bieda Hardman Minore Stahl
Bisbee Hart Moolenaar Stakoe
Bradstreet Hood Murphy Stallworth
Brandenburg Hoogendyk Nitz Steil
Brown Hopgood Nofs Stewart
Byrum Howell O'Neil Tabor
Casperson Huizenga Paletko Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Rick Phillips Voorhees
Daniels Johnson, Ruth Plakas Walker
Dennis Julian Pumford Ward
DeRoche Koetje Reeves Waters
DeRossett Kolb Richardville Wenke
Drolet Kooiman Rivet Whitmer
Elkins Kratz Robertson Williams
Emmons LaJoy Rocca Wojno
Farhat LaSata Sak Woodward
Farrah Law Shackleton Woronchak
Gaffney Lipsey Shaffer Zelenko
Nays--0
In The Chair: Rick Johnson
Rep. Richardville moved that the Clerk be directed to notify the Governor and the President of the Senate that the House had completed its organization and was ready to proceed with the business of the session.
The motion prevailed.
Reps. Richardville and Waters offered the following resolution:
House Resolution No. 4.
A resolution fixing the hour for daily sessions.
Resolved, That unless otherwise ordered, the daily sessions of the House of Representatives commence on Tuesday and Wednesday at 1:00 o'clock p.m. and on Thursday at 10:00 a.m.
Pending the reference of the resolution to a committee,
Rep. Richardville moved that Rule 77 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.
Reps. Richardville and Waters offered the following resolution:
House Resolution No. 5.
A resolution directing the Clerk to notify the Governor that the House of Representatives has assembled and is ready to proceed with the business of the session.
Resolved, That the Clerk of the House is hereby directed to notify the Governor that the House of Representatives has convened pursuant to the requirements of the Constitution and is ready to proceed with the business of the session.
Pending the reference of the resolution to a committee,
Rep. Richardville moved that Rule 77 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.
Reps. Richardville and Waters offered the following resolution:
House Resolution No. 6.
A resolution directing the Clerk to notify the Senate that the House of Representatives has assembled and is ready to proceed with the business of the session.
Resolved, That the Clerk of the House is hereby directed to notify the Senate that the House of Representatives has convened pursuant to the requirements of the Constitution and is ready to proceed with the business of the session.
Pending the reference of the resolution to a committee,
Rep. Richardville moved that Rule 77 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.
Rep. Richardville offered the following concurrent resolution:
House Concurrent Resolution No. 1.
A concurrent resolution granting authority for adjournment for more than 2 days.
Resolved by the House of Representatives (the Senate concurring), That each House hereby grants unto the other permission to adjourn for not more than 15 intervening calendar days at such times as each House shall determine at any time during the 2003 and 2004 regular sessions.
Pending the reference of the concurrent resolution to a committee,
Rep. Richardville moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted.
Reps. Richardville and Waters offered the following concurrent resolution:
House Concurrent Resolution No. 2.
A concurrent resolution prescribing the Joint Convention Rules for the Legislature.
Resolved by the House of Representatives (the Senate concurring), That the following be and are hereby adopted as the Joint Convention Rules of the House of Representatives and the Senate:
JOINT CONVENTION RULES OF THE
HOUSE OF REPRESENTATIVES AND SENATE
Held in Hall of House.
Rule 1. Joint conventions shall be held in the Hall of the House of Representatives, or such other location as may be agreed to by the Speaker of the House of Representatives and the Majority Leader of the Senate. The President of the Senate or, in the absence of the President of the Senate, the Speaker of the House shall preside. Before the 2 Houses shall meet in joint convention, a concurrent resolution shall be introduced in one House setting forth the date and hour at which the joint convention shall meet, which, if adopted, shall be transmitted to the other House for concurrence.
Secretaries-Journals.
Rule 2. The Secretary of the Senate and Clerk of the House of Representatives shall be the secretaries of the joint convention. The proceedings of the joint convention shall be published with the Journals of the House, and the final result, as announced by the President on the return of the Senate to its chamber, shall be entered on the Journals of the Senate.
Rules of House to Govern.
Rule 3. The rules of the House of Representatives, so far as the same may be applicable, shall govern the proceedings in joint convention.
President pro tempore of Convention.
Rule 4. Whenever the Speaker of the House presides, he or she shall be entitled to vote on all occasions, and in case of a tie the question shall be declared lost.
Power to Compel Attendance.
Rule 5. Joint conventions shall have the power to compel the attendance of absent members in the mode and under the penalties prescribed in the rules of the House to which such members respectively belong, and for that purpose the Sergeant at Arms of each House shall attend.
May Adjourn from Time to Time.
Rule 6. Joint conventions may adjourn from time to time, as may be found necessary, and it shall be the duty of the House of Representatives to prepare to receive the Senate, and of the Senate to proceed to the joint convention, at the time fixed by law or resolution, or to which the joint convention may have adjourned.
Pending the reference of the concurrent resolution to a committee,
Rep. Richardville moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted.
Reps. Richardville and Waters offered the following concurrent resolution:
House Concurrent Resolution No. 3.
A concurrent resolution prescribing the legislative schedule.
Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Wednesday, January 8, 2003, it stand adjourned until Tuesday, January 28, 2003, at 1:00 p.m.
Pending the reference of the concurrent resolution to a committee,
Rep. Richardville moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted.
______
Rep. Richardville moved that when the House adjourns today it stand adjourned until Tuesday, January 28, at 1:00p.m.
The motion prevailed.
Messages from the Senate
January 8, 2003
The Honorable Rick Johnson
Speaker of the House of Representatives
Capitol Building
Lansing, Michigan 48913
Dear Mr. Speaker:
By direction of the Senate, I hereby notify you that a quorum of the Senate has assembled and is ready to proceed with the business of the session.
Very respectfully,
Carol Morey Viventi, J.D.
Secretary of the Senate
Messages from the Governor
The following message from the Governor was received January 8, 2003 and read:
EXECUTIVE ORDER
No. 2003 - 1
PROCUREMENT OF GOODS AND SERVICES FROM VENDORS
IN COMPLIANCE WITH STATE AND FEDERAL LAW
WHEREAS, under Article V, Section 8 of the Michigan Constitution of 1963, each principal department of state government is under the supervision of the Governor, unless otherwise provided by the Constitution, and the Governor must take care that the laws of the State of Michigan are faithfully executed;
WHEREAS, the Management and Budget Act of 1984, 1984 PA 431, MCL 18.1101 to 18.1594, creates and sets forth the duties and powers of the Department of Management and Budget, a principal department;
WHEREAS, under section 261(1) of the Management and Budget Act of 1984, 1984 PA 431, MCL 18.1261(1), the Department of Management of Budget shall provide for the purchase of, the contracting for, and the providing of supplies, materials, services, insurance, utilities, third party financing, equipment, printing, and all other items as needed by state agencies for which the legislature has not otherwise expressly provided;
WHEREAS, section 261(2) of the Management and Budget Act of 1984, 1984 PA 431, MCL 18.1261(2), provides that the Department of Management of Budget shall make all discretionary decisions concerning the solicitation, award, amendment, cancellation, and appeal of state contracts;
WHEREAS, section 264 of the Management and Budget Act of 1984, 1984 PA 431, MCL 18.1264, provides that the Department of Management may debar a vendor from participation in the bid process and from contract award upon notice and a finding that the vendor is not able to perform responsibly, or that the vendor, or an officer or an owner of a 25% or greater share of the vendor, has demonstrated a lack of integrity that could jeopardize the state's interest if the state were to contract with the vendor; and
WHEREAS, because the State of Michigan conducts business with a wide-range of private sector vendors, it is important to ensure that state contracting is conducted in an open and honest fashion, that citizens receive the best goods and services at the best price, and to ensure the integrity of the contracting process;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, pursuant to the powers vested in me by the Michigan Constitution of 1963 and the laws of the State of Michigan, do hereby order the following:
I. DEFINITIONS
As used in this Order:
(a) "Debar" means to suspend, revoke, or prohibit the privilege of contracting with the State of Michigan for the provision of goods or services;
(b) "Department" means the principal department created by section 121 of the Management and Budget Act, 1984 PA431, MCL 18.1121; and
(c) "Vendor" means a person or entity that has contracted with or seeks to contract with the State of Michigan for the provision of goods or services.
II. VENDOR COMPLIANCE WITH STATE AND FEDERAL LAW
(a) The Department may debar a vendor from the consideration for the award of a contract for the provision of goods or services to the State of Michigan or suspend the procurement of goods and services from a vendor if, within the past three (3) years, the vendor, an officer of the vendor, or an owner of a 25% or greater interest in the vendor has:
(1) Been convicted of a criminal offense incident to the application for or performance of a state contract or subcontract;
(2) Been convicted of any offense which negatively reflects on the vendor's business integrity, including but not limited to embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, state or federal antitrust statutes;
(3) Been convicted of any other offense, or violated any other state or federal law, as determined by a court of competent jurisdiction or an administrative proceeding, which, in the opinion of the Department, indicates that the vendor is unable to perform responsibly or which reflects a lack of integrity that could negatively impact or reflect upon the State of Michigan. An offense or violation under this subdivision may include, but is not limited to, an offense under or violation of: the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.101 to 324.90106; the Michigan Consumer Protection Act, 1976 PA 331, MCL 445.901 to 445.922; 1965 PA166 (law relating to prevailing wages on state projects), MCL 408.551 to 408.558; 1978 PA 390 (law relating to payment of wages and fringe benefits), MCL 408.471 to MCL 408.490; or a willful or persistent violation of the Michigan Occupational Safety and Health Act, 1974 PA 154, MCL 408.1001 to 408.1094;
(4) Failed to substantially perform a state contract or subcontract according to its terms, conditions, and specifications within specified time limits;
(5) Violated Department bid solicitation procedures or violated the terms of a solicitation after bid submission;
(6) Refused to provide information or documents required by a contract, including but not limited to information or documents necessary for monitoring contract performance;
(7) Failed to respond to requests for information regarding vendor performance, or accumulated repeated substantiatedcomplaints regarding performance of a contract/purchase order; or
(8) Failed to perform a state contract or subcontract in a manner consistent with any applicable state or federal law, rule or regulation.
(b) If the Department finds that grounds to debar a vendor exist, it shall send the vendor a notice of proposed debarment indicating the grounds and the procedure for requesting a hearing. If the vendor does not respond with a written request for a hearing within twenty (20) calendar days, the Department shall issue the decision to debar without a hearing. The debarment period may be of any length, up to eight (8) years. After the debarment period expires, the vendor may reapply for inclusion on bidder lists through the regular application process.
III. IMPLEMENTATION
(a) The Director of the Department and agency heads shall revise written departmental rules, policies, and procedures, including but not limited to the Administrative Guide to State Government, to conform with this Executive Order, the Management and Budget Act, and the terms of existing contracts with vendors.
(b) Department directors, agency heads and supervisors shall be responsible for familiarizing employees with this Executive Order and with Departmental or agency rules, policies and procedures and implementing this Executive Order and for enforcing compliance within the scope of their authority.
IV. MISCELLANEOUS
(a) Nothing in this Order should be construed to in any way impair the obligation of any existing contract between a vendor and the State of Michigan.
(b) The invalidity of any portion of this Order shall not affect the validity of the remainder the Order.
This Executive Order is effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of January, 2003.
Jennifer M. Granholm
Governor
By the Governor:
Terri Land
Secretary of State
The message was referred to the Clerk.
The following message from the Governor was received January 8, 2003 and read:
EXECUTIVE ORDER
No. 2003 - 2
SOLICITATION OR RECEIPT OF POLITICAL CONTRIBUTIONS
AT STATE GOVERNMENT FACILITIES
WHEREAS, under Article V, Section 8 of the Michigan Constitution of 1963, each principal department is under the supervision of the Governor, unless otherwise provided by the Constitution, and the Governor must take care that the laws of the State of Michigan are faithfully executed;
WHEREAS, section 57 of the Michigan Campaign Finance Act, 1976 PA 388, MCL 169.257, prohibits an individual acting for a state agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government from using funds, personnel, office space, computer hardware or software, property, stationery, postage, vehicles, equipment, supplies, or other public resources to make a contribution or expenditure or provide a political committee with volunteer personal services excluded from the definition of contribution by the Act;
WHEREAS, Rule 1-12 promulgated by the Michigan Civil Service Commission prohibits state classified employees from engaging in unauthorized political activities during actual duty time and prohibits the levying, solicitation, collection, or payment of any type of political assessment, or the authorizing or ordering of any such activity in the state classified service;
WHEREAS, it is in the best interests of the State of Michigan to protect state government and state employees from any appearance of improper political influence connected with the solicitation or receipt in state government facilities of local, state, or federal political contributions;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:
I. DEFINITIONS
As used in this Order:
(a) "Contract manager" includes the following state employees: (1) an employee designated in a state contract as a contract administrator; and (2) an employee of the Department of Management and Budget Office of Acquisition Services acting as a director, buyer, buyer manager, buyer specialist, or procurement technician;
(b) "Political contribution" means a "contribution" as defined in section 4 of the Michigan Campaign Finance Act, 1976 PA 388, MCL 169.204, and also includes a "contribution" as defined in section 431(8) of the Federal Election Campaign Act of 1971, 2 USC 431(8); and
(c) "State government facility" means any public building or real property owned by the State of Michigan, either directly or by or through any of its Executive Branch departments or agencies, and that part of any publicly-owned or privately-owned building or real property leased or operated by the State of Michigan, either directly or by or through any of its Executive Branch departments or agencies. "State government facility" does not include any public building or real property owned by a college or university or any part of any privately-owned building or real property leased or operated by a college or university.
II. PROHIBITION AGAINST SOLICITATION OR RECEIPT OF POLITICAL CONTRIBUTIONS
AT STATE GOVERNMENT FACILITIES
(a) Department directors and agency heads shall prohibit the solicitation and receipt of political contributions in all state government facilities including but not limited to buildings and grounds.
(b) Department directors and agency heads shall revise existing written departmental policies, procedures, and issuances as necessary to conform with this Executive Order, the Michigan Campaign Finance Act, and related Civil Service Rules. Department Directors and agency heads also may issue reasonable written work rules to implement this Executive Order, the Michigan Campaign Finance Act, and related Civil Service Rules.
(c) The requirements of this Executive Order apply all Executive Branch employees including but not limited to contract managers.
(d) Department directors, agency heads, and supervisors shall be responsible for familiarizing employees with this Executive Order and with departmental or agency policies, procedures, issuances, and work rules implementing this Executive Order and for enforcing compliance within the scope of their authority.
(e) Nothing in this Order should be construed to in any way limit the continuing obligation of all persons within the Executive Branch to comply with existing provisions of state and federal law regulating political contributions and other political activities.
(f) This order is not intended to amend or modify the Michigan Campaign Finance Act or rules relating to political activity promulgated by the Civil Service Commission.
(g) The invalidity of any portion of this Order shall not affect the validity of the remainder the Order.
This Executive Order is effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of January, 2003.
Jennifer M. Granholm
Governor
By the Governor:
Terri Land
Secretary of State
The message was referred to the Clerk.
Introduction of Bills
Rep. Kratz introduced
House Bill No. 4001, entitled
A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 59 (MCL 257.1859), as amended by 1996 PA 170.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Kratz introduced
House Bill No. 4002, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1290.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Kratz introduced
House Bill No. 4003, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 25b (MCL 388.1625b), as amended by 2001 PA 121.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Kratz introduced
House Bill No. 4004, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 2002 PA 521.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Kratz introduced
House Bill No. 4005, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 625, 625a, 625c, 625g, and 625m (MCL 257.625, 257.625a, 257.625c, 257.625g, and 257.625m), sections 625 and 625m as amended by 2000 PA460, section 625a as amended by 1998 PA 351, section 625c as amended by 1998 PA 350, and section 625g as amended by 1999 PA 73.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Rep. Kratz introduced
House Bill No. 4006, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 48 of chapter XVII (MCL 777.48), as amended by 2000 PA 279.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. Gaffney, Ward, Vander Veen, Hood, Hune and Bieda introduced
House Bill No. 4007, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3115 (MCL 324.3115).
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Palmer, Brandenburg, Acciavatti and Richardville introduced
House Bill No. 4008, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 512 (MCL 206.512), as amended by 1996 PA 484.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
______
Rep. LaSata moved that the House adjourn.
The motion prevailed, the time being 2:30 p.m.
The Speaker declared the House adjourned until Tuesday, January 28, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives