No. 99

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Thursday, November 10, 2005.

12:01 a.m.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Accavitti--present Emmons--present Leland--present Robertson--present

Acciavatti--present Espinoza--present Lemmons, III--present Rocca--present

Adamini--present Farhat--present Lemmons, Jr.--present Sak--present

Amos--present Farrah--present Lipsey--present Schuitmaker--present

Anderson--present Gaffney--present Marleau--present Shaffer--present

Angerer--present Garfield--present Mayes--present Sheen--present

Ball--present Gillard--present McConico--e/d/s Sheltrown--present

Baxter--present Gleason--present McDowell--present Smith, Alma--present

Bennett--present Gonzales--present Meisner--present Smith, Virgil--e/d/s

Bieda--present Gosselin--present Meyer--present Spade--present

Booher--present Green--present Miller--present Stahl--present

Brandenburg--present Hansen--present Moolenaar--present Stakoe--present

Brown--present Hildenbrand--present Moore--present Steil--present

Byrnes--present Hood--present Mortimer--present Stewart--present

Byrum--present Hoogendyk--present Murphy--present Taub--present

Casperson--present Hopgood--present Newell--present Tobocman--present

Caswell--present Huizenga--present Nitz--present Vagnozzi--present

Caul--present Hummel--present Nofs--present Van Regenmorter--present

Cheeks--present Hune--present Palmer--present Vander Veen--present

Clack--present Hunter--e/d/s Palsrok--present Walker--present

Clemente--present Jones--present Pastor--present Ward--present

Condino--present Kahn--present Pavlov--present Waters--present

Cushingberry--present Kehrl--excused Pearce--present Wenke--present

DeRoche--present Kolb--present Phillips--excused Whitmer--present

Dillon--present Kooiman--present Plakas--present Williams--present

Donigan--present LaJoy--present Polidori--present Wojno--present

Drolet--present Law, David--present Proos--present Zelenko--present

Elsenheimer--present Law, Kathleen--present

e/d/s = entered during session

Rep. Barbara Vander Veen, from the 89th District, offered the following invocation:

"PSALM 121

I lift up my eyes to the hills ­ where does my help come from?

My help comes from the Lord, the maker of heaven and earth

He will not let your foot slip; He who watches over you will not slumber

Indeed, He who watches over Israel will neither slumber nor sleep

The Lord watches over you ­ the Lord is your shade at your right hand,

the sun will not harm you by day nor the moon by night

the Lord will keep you from all harm, He will watch over your life.

The Lord will watch over your coming and going, both now and forevermore.

Father, as we approach this time of Thanksgiving, we are mindful of the blessings of your help in all of life's situations.

Thank you that the maker of heaven and earth watches over us. Lord, we have the awesome blessing and responsibility of serving You in this chamber, we are thankful for that too, especially during these long nights.

Forgive us when we are NOT thankful, when we take Your hand in our lives for granted. We ask for YOUR mind, Your solutions, YOUR attitudes in all we do here. We ask You for thankful hearts, for family, friends and health. We are grateful as we head off in many directions in the next two weeks. Thank You for watching over our coming and going both now and forevermore--Amen."

______

Rep. Sak moved that Reps. Kehrl and Phillips be excused from today's session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5048, entitled

A bill to create the Michigan tobacco settlement finance authority; to create funds and accounts; to provide for the sale by this state and the purchase by the authority of all or a portion of tobacco settlement assets; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority, the state administrative board, the state treasurer, and certain other state officials and state employees; and to make appropriations and prescribe certain conditions for the appropriations.

(The bill was received from the Senate on October 19, with substitute (S-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 20, see House Journal No. 89, p. 1951; substitute (H-7) offered and bill postponed temporarily, see House Journal No. 98, p. 2179.)

The question being on the adoption of substitute (H-7) offered previously by Rep. Huizenga,

The substitute (H-7) was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Farhat moved to amend the bill as follows:

1. Amend page 14, line 18, after "act." by striking out the balance of the subsection and inserting "The board shall authorize and issue bonds in a manner that provides that not less than 2 financial institutions or brokerage firms are involved in marketing and underwriting the bonds. Not less than 1 of the 2 financial institutions or brokerage firms described in this subsection shall meet all of the following:

(a) Be chartered in this state.

(b) Have 1/3 or more of its branch offices located in this state.

(c) Have 25% or more of its employees located in this state.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 607 Yeas--98

Accavitti Drolet Leland Rocca

Acciavatti Elsenheimer Lemmons, III Sak

Adamini Emmons Lemmons, Jr. Schuitmaker

Amos Espinoza Lipsey Shaffer

Anderson Farhat Marleau Sheltrown

Angerer Farrah Mayes Smith, Alma

Ball Gaffney McDowell Spade

Baxter Gillard Meisner Stahl

Bennett Gleason Miller Stakoe

Bieda Gonzales Moolenaar Steil

Booher Green Moore Stewart

Brown Hansen Mortimer Taub

Byrnes Hildenbrand Murphy Tobocman

Byrum Hood Nitz Vagnozzi

Casperson Hopgood Nofs Van Regenmorter

Caswell Huizenga Palmer Vander Veen

Caul Hummel Palsrok Walker

Cheeks Hune Pastor Ward

Clack Jones Pavlov Waters

Clemente Kahn Pearce Wenke

Condino Kolb Plakas Whitmer

Cushingberry Kooiman Polidori Williams

DeRoche LaJoy Proos Wojno

Dillon Law, David Robertson Zelenko

Donigan Law, Kathleen

Nays--7

Brandenburg Gosselin Meyer Sheen

Garfield Hoogendyk Newell

In The Chair: Kooiman

The Speaker laid before the House

House Bill No. 5109, entitled

A bill to amend 2000 PA 489, entitled "Michigan trust fund act," by amending the title and section 2 (MCL 12.252), and by adding sections 7 and 8; and to repeal acts and parts of acts.

(The bill was received from the Senate on October 19, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 20, see House Journal No. 89, p. 1951.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Huizenga moved to substitute (H-5) the Senate substitute (S-2).

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 608 Yeas--104

Accavitti Drolet Law, Kathleen Robertson

Acciavatti Elsenheimer Leland Rocca

Adamini Emmons Lemmons, III Sak

Amos Espinoza Lemmons, Jr. Schuitmaker

Anderson Farhat Lipsey Shaffer

Angerer Farrah Marleau Sheen

Ball Gaffney Mayes Sheltrown

Baxter Garfield McDowell Smith, Alma

Bennett Gillard Meisner Spade

Bieda Gleason Meyer Stahl

Booher Gonzales Miller Stakoe

Brandenburg Green Moolenaar Steil

Brown Hansen Moore Stewart

Byrnes Hildenbrand Mortimer Taub

Byrum Hood Murphy Tobocman

Casperson Hoogendyk Newell Vagnozzi

Caswell Hopgood Nitz Van Regenmorter

Caul Huizenga Nofs Vander Veen

Cheeks Hummel Palmer Walker

Clack Hune Palsrok Ward

Clemente Jones Pastor Waters

Condino Kahn Pavlov Wenke

Cushingberry Kolb Pearce Whitmer

DeRoche Kooiman Plakas Williams

Dillon LaJoy Polidori Wojno

Donigan Law, David Proos Zelenko

Nays--1

Gosselin

In The Chair: Kooiman

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

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

A bill to amend 2000 PA 489, entitled "Michigan trust fund act," by amending the title and section 2 (MCL 12.252) and by adding sections 7, 8, 9, and 10; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

The Speaker laid before the House

House Bill No. 5047, entitled

A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," by amending the title and sections 4, 5, 6, 7, and 13 (MCL 125.2004, 125.2005, 125.2006, 125.2007, and 125.2013), sections 4, 5, 6, and 13 as amended by 1987 PA 278, and by adding section 94 and chapter 8A.

(The bill was received from the Senate on October 20, with substitute (S-3), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 25, see House Journal No. 90, p. 1970.)

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

Rep. Huizenga moved to substitute (H-11) the Senate substitute (S-3).

The motion prevailed and the substitute (H-11) was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

Rep. Dillon moved to amend the bill as follows:

1. Amend page 27, line 23, after "(4)" by inserting "IF SUFFICIENT QUALIFIED APPLICANTS APPLY,".

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

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

Rep. Huizenga moved to amend the bill as follows:

1. Amend page 27, line 27, by striking out all of subdivision (B) and inserting:

"(B) $50,000,000.00 IN THE 2006-2007 FISCAL YEAR.

(C) $30,000,000.00 IN THE 2007-2008 THROUGH THE 2011-2012 FISCAL YEARS.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

The substitute (S-3), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 609 Yeas--92

Accavitti Donigan Leland Robertson

Adamini Elsenheimer Lemmons, III Rocca

Amos Emmons Lemmons, Jr. Sak

Anderson Espinoza Lipsey Schuitmaker

Angerer Farhat Marleau Shaffer

Ball Farrah Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Spade

Bieda Gonzales Meyer Stakoe

Booher Green Miller Steil

Brown Hansen Moore Stewart

Byrnes Hildenbrand Mortimer Taub

Byrum Hood Murphy Tobocman

Casperson Hopgood Newell Vagnozzi

Caswell Huizenga Nitz Van Regenmorter

Caul Hummel Palmer Vander Veen

Cheeks Jones Palsrok Walker

Clack Kahn Pastor Waters

Clemente Kolb Pavlov Wenke

Condino Kooiman Pearce Whitmer

Cushingberry LaJoy Plakas Williams

DeRoche Law, David Polidori Wojno

Dillon Law, Kathleen Proos Zelenko

Nays--13

Acciavatti Garfield Hune Sheen

Brandenburg Gosselin Moolenaar Stahl

Drolet Hoogendyk Nofs Ward

Gaffney

In The Chair: Kooiman

The House agreed to the full title of the bill.

______

Rep. Hoogendyk, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

IF WE ARE GOING TO SECURITIZE TOBACCO SETTLEMENT DOLLARS, WE SHOULD USE THEM TO GIVE IMMEDIATE TAX RELIEF TO THE WORKING FAMILIES AND BUSINESSES OF MICHIGAN. WE SHOULD NOT TRUST A BOARD OF EXPERTS TO DOLE OUT DOLLARS AND PICK THE WINNERS AND LOSERS OF OVER $400 MILLION IN SECURITIZED FUNDS."

The Speaker laid before the House

Senate Bill No. 533, entitled

A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," by amending the title and sections 3, 4, and 13 (MCL 125.2003, 125.2004, and 125.2013), sections 4 and 13 as amended by 1987 PA 278, and by adding sections 94 and 95 and chapter 8A.

(The bill was received from the Senate on October 19, with substitute (S-6) to the House substitute (H-4), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 20, see House Journal No. 89, p. 1953.)

The question being on concurring in the substitute (S-6) to the House substitute (H-4) made to the bill by the Senate,

Rep. Huizenga moved to substitute (H-5) the Senate substitute (S-6).

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-6) to the House substitute (H-4) made to the bill by the Senate,

Rep. Baxter moved to amend the bill as follows:

1. Amend page 3, following line 26, by inserting:

"(xi) A PREFERENCE FOR PROPOSALS THAT MEET 1 OR MORE OF THE FOLLOWING:

(A) FORECAST REVENUES WITHIN 2 YEARS.

(B) HAVE OUTSIDE INVESTMENTS FROM INVESTORS WITH EXPERIENCE AND MANAGEMENT TEAMS WITH EXPERIENCE IN THE INDUSTRY TARGETED BY THE PROPOSAL.

(C) HAVE OUTSIDE DIRECTORS WITH EXPERTISE IN THE INDUSTRY TARGETED BY THE PROPOSAL.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-6) to the House substitute (H-4) made to the bill by the Senate,

The substitute (S-6), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 610 Yeas--92

Accavitti Donigan Leland Robertson

Adamini Elsenheimer Lemmons, III Rocca

Amos Emmons Lemmons, Jr. Sak

Anderson Espinoza Lipsey Schuitmaker

Angerer Farhat Marleau Shaffer

Ball Farrah Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Spade

Bieda Gonzales Meyer Stakoe

Booher Green Miller Steil

Brown Hansen Moore Stewart

Byrnes Hildenbrand Mortimer Taub

Byrum Hood Murphy Tobocman

Casperson Hopgood Newell Vagnozzi

Caswell Huizenga Nitz Van Regenmorter

Caul Hummel Palmer Vander Veen

Cheeks Jones Palsrok Walker

Clack Kahn Pastor Waters

Clemente Kolb Pavlov Wenke

Condino Kooiman Pearce Whitmer

Cushingberry LaJoy Plakas Williams

DeRoche Law, David Polidori Wojno

Dillon Law, Kathleen Proos Zelenko

Nays--13

Acciavatti Garfield Hune Sheen

Brandenburg Gosselin Moolenaar Stahl

Drolet Hoogendyk Nofs Ward

Gaffney

In The Chair: Kooiman

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

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

A bill to amend 1984 PA 270, entitled "An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, notes and bonds of the Michigan strategic fund; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of the state; to provide penalties; and to repeal certain acts and parts of acts," (MCL 125.2001 to 125.2093) by adding sections 88k, 88l, 88m, 88n, and 88o.

The motion prevailed.

The House agreed to the title as amended.

The Speaker laid before the House

House Bill No. 5098, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 3, 36, 38e, and 71 (MCL 208.3, 208.36, 208.38e, and 208.71), sections 3 and 71 as amended by 1999 PA 115, section 36 as amended by 1995 PA 284, and section 38e as amended by 2003 PA 273, and by adding section 79.

(The bill was received from the Senate on October 25, with substitute (S-2) and title amendment, consideration of which, under the rules, was postponed until October 26, see House Journal No. 91, p. 1999.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Sheen moved to substitute (H-7) the Senate substitute (S-2).

The motion prevailed and the substitute (H-7) was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Sheen moved to amend the bill as follows:

1. Amend page 16, line 15, by striking out all of subdivision (l).

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Sheen moved to amend the bill as follows:

1. Amend page 8, line 6, after "WHICH" by striking out "SECTIONS 4A AND 35F ARE" and inserting "SECTION 4A OR 35F IS".

2. Amend page 12, line 10, after "WHICH" by striking out "SECTIONS 4A AND 35F ARE" and inserting "SECTION 4A OR 35F IS".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Condino moved to amend the bill as follows:

1. Amend page 16, following line 19, by inserting:

"Enacting section 3. Enacting section 1 of 2002 PA 531 is repealed.

Enacting section 4. Enacting section 3 of 1999 PA 115 is repealed.".

The question being on the adoption of the amendment offered by Rep. Condino,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Condino,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 611 Yeas--37

Accavitti Condino Kolb Sak

Adamini Cushingberry Leland Smith, Alma

Anderson Dillon Lipsey Tobocman

Bennett Farrah Mayes Vagnozzi

Bieda Gillard Meisner Waters

Brown Gleason Miller Whitmer

Byrum Gonzales Murphy Williams

Cheeks Hood Plakas Wojno

Clack Hopgood Polidori Zelenko

Clemente

Nays--68

Acciavatti Farhat Lemmons, III Robertson

Amos Gaffney Lemmons, Jr. Rocca

Angerer Garfield Marleau Schuitmaker

Ball Gosselin McDowell Shaffer

Baxter Green Meyer Sheen

Booher Hansen Moolenaar Sheltrown

Brandenburg Hildenbrand Moore Spade

Byrnes Hoogendyk Mortimer Stahl

Casperson Huizenga Newell Stakoe

Caswell Hummel Nitz Steil

Caul Hune Nofs Stewart

DeRoche Jones Palmer Taub

Donigan Kahn Palsrok Van Regenmorter

Drolet Kooiman Pastor Vander Veen

Elsenheimer LaJoy Pavlov Walker

Emmons Law, David Pearce Ward

Espinoza Law, Kathleen Proos Wenke

In The Chair: Kooiman

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Clack moved to amend the bill as follows:

1. Amend page 11, following line 6, by inserting:

"SEC. 31A. THE RATE PROVIDED IN SECTION 31(1)(D) SHALL NOT APPLY TO ANY TAXPAYER THAT DOES NOT PAY ANY OF ITS EMPLOYEES AN HOURLY WAGE OF LESS THAN $7.15 PER HOUR.".

The question being on the adoption of the amendment offered by Rep. Clack,

Rep. Clack demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Clack,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 612 Yeas--48

Accavitti Condino Kolb Sak

Adamini Cushingberry Law, Kathleen Sheltrown

Anderson Dillon Leland Smith, Alma

Angerer Donigan Lipsey Spade

Bennett Espinoza Mayes Tobocman

Bieda Farrah McDowell Vagnozzi

Brown Gillard Meisner Waters

Byrnes Gleason Miller Wenke

Byrum Gonzales Murphy Whitmer

Casperson Hood Plakas Williams

Clack Hopgood Polidori Wojno

Clemente Jones Rocca Zelenko

Nays--20

Baxter Hoogendyk Moolenaar Proos

Drolet Huizenga Moore Robertson

Gaffney Hune Palmer Sheen

Garfield Kooiman Palsrok Steil

Hansen Meyer Pastor Walker

In The Chair: Kooiman

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Meisner moved to amend the bill as follows:

1. Amend page 11, following line 6, by inserting:

"SEC. 31A. THE RATE PROVIDED IN SECTION 31(1)(D) SHALL NOT APPLY TO ANY TAXPAYER THAT IS 1 OF THE FOLLOWING:

(A) A BUSINESS ENTERPRISE THAT IS CURRENTLY LOCATED IN THE UNITED STATES FOR THE PURPOSE OF INDUCING THE BUSINESS TO RELOCATE OUTSIDE THE UNITED STATES.

(B) A BUSINESS ENTERPRISE CURRENTLY LOCATED IN THIS STATE FOR THE PURPOSE OF INDUCING THE ENTERPRISE TO RELOCATE OUTSIDE THIS STATE IF THE INCENTIVE OR INDUCEMENT IS LIKELY TO REDUCE THE NUMBER OF EMPLOYEES OF THE BUSINESS ENTERPRISE IN THIS STATE.

(C) A BUSINESS THAT CONTRIBUTES TO THE VIOLATION OF INTERNATIONALLY RECOGNIZED WORKERS RIGHTS, AS DEFINED IN SECTION 507(4) OF THE TRADE ACT OF 1974, 19 USC 2467(4), OF WORKERS IN A COUNTRY OTHER THAN THE UNITED STATES, INCLUDING ANY DESIGNATED ZONE OR AREA IN THAT COUNTRY.

(D) A CORPORATION OR AN AFFILIATE OF THE CORPORATION INCORPORATED IN A TAX HAVEN COUNTRY AFTER SEPTEMBER 11, 2001, BUT WITH THE UNITED STATES AS THE PRINCIPAL MARKET FOR THE PUBLIC TRADING OF THE CORPORATION'S STOCK, AS DETERMINED BY THE STRATEGIC ECONOMIC INVESTMENT BOARD. AS USED IN THIS SECTION, "TAX HAVEN COUNTRY" INCLUDES A COUNTRY WITH TAX LAWS THAT FACILITATE AVOIDANCE BY A CORPORATION OR AN AFFILIATE OF THE CORPORATION OF UNITED STATES TAX OBLIGATIONS, INCLUDING BARBADOS, BERMUDA, BRITISH VIRGIN ISLANDS, CAYMAN ISLANDS, COMMONWEALTH OF THE BAHAMAS, CYPRUS, GIBRALTAR, ISLE OF MAN, THE PRINCIPALITY OF LIECHTENSTEIN, THE PRINCIPALITY OF MONACO, AND THE REPUBLIC OF THE SEYCHELLES.".

The question being on the adoption of the amendment offered by Rep. Meisner,

Rep. Meisner demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Meisner,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 613 Yeas--45

Accavitti Donigan Leland Sak

Adamini Espinoza Lemmons, III Sheltrown

Anderson Farrah Lemmons, Jr. Smith, Alma

Angerer Garfield Lipsey Spade

Bennett Gillard Mayes Tobocman

Bieda Gleason McDowell Vagnozzi

Brown Gonzales Meisner Waters

Byrnes Hood Miller Whitmer

Byrum Hopgood Murphy Williams

Clack Kolb Plakas Wojno

Condino Law, Kathleen Polidori Zelenko

Cushingberry

Nays--38

Acciavatti Green Marleau Pearce

Baxter Hansen Meyer Robertson

Booher Hildenbrand Moolenaar Rocca

Brandenburg Hoogendyk Moore Schuitmaker

Casperson Hummel Mortimer Shaffer

Caswell Hune Newell Sheen

Caul Jones Nitz Steil

Drolet Kahn Palmer Taub

Gaffney Kooiman Pavlov Vander Veen

Gosselin LaJoy

In The Chair: Kooiman

Rep. Sak moved to reconsider the vote by which the House did not adopt the amendment.

The motion did not prevail, a majority of the members present not voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 614 Yeas--58

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney Marleau

Nays--47

Accavitti Condino Law, Kathleen Sak

Adamini Cushingberry Leland Sheltrown

Anderson Dillon Lemmons, III Smith, Alma

Angerer Donigan Lemmons, Jr. Spade

Bennett Espinoza Lipsey Tobocman

Bieda Farrah Mayes Vagnozzi

Brown Gillard McDowell Waters

Byrnes Gleason Meisner Whitmer

Byrum Gonzales Miller Williams

Cheeks Hood Murphy Wojno

Clack Hopgood Plakas Zelenko

Clemente Kolb Polidori

In The Chair: Kooiman

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

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

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 9, 22a, and 38e (MCL 208.9, 208.22a, and 208.38e), section 9 as amended by 2004 PA 258, section 22a as amended by 1996 PA 578, and section 38e as amended by 2003 PA 273, and by adding sections 79 and 130.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Bieda, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted "no" on House Bill 5098 because the bill fails in several ways to reflect the agreement reached between Governor Jennifer Granholm and legislative leadership. Without addressing the SBT sunset we are negligently positioning the state for financial crisis. This is unfortunate, because the residents of this state want and deserve a comprehensive jobs package."

Rep. Cushingberry, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no because the bill fails in several ways to reflect the agreement between Governor Granholm and Legislative leadership. Without addressing the SBT sunset (which I co-sponsored over 20 years ago to assist our manufacturers) we are negligently positioning the State for a further financial crisis. The residents of this State want and deserve a comprehensive jobs package.

If tax cuts were the solution to the drain of jobs since the 1970's in our State then the tens of billions of dollars cut should have us leading the world in retention and development of jobs. I regret having gotten us in a unsustainable contest of succumbing to the Whit email of some actors in the business community through so called incentives of tax cuts. We need to concentrate on creating a Civil and Civic literate workforce through adult education and internet/television education free to all in Michigan and allowing the local clerks to purge voting lists to improve the Democratic image of our State. The shift of tax burden from commerce to the residents in Michigan remain unconscionable and this bill would simply shift the burden to the individual taxpayers and families from business."

The Speaker laid before the House

House Bill No. 4980, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 2004 PA 173.

(The bill was received from the Senate on October 25, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 26, see House Journal No. 91, p. 1998.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Sheen moved to substitute (H-4) the Senate substitute (S-1).

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Sheen moved to amend the bill as follows:

1. Amend page 7, line 17, by striking out all of subdivision (l).

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 615 Yeas--105

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Spade

Bieda Gonzales Meyer Stahl

Booher Gosselin Miller Stakoe

Brandenburg Green Moolenaar Steil

Brown Hansen Moore Stewart

Byrnes Hildenbrand Mortimer Taub

Byrum Hood Murphy Tobocman

Casperson Hoogendyk Newell Vagnozzi

Caswell Hopgood Nitz Van Regenmorter

Caul Huizenga Nofs Vander Veen

Cheeks Hummel Palmer Walker

Clack Hune Palsrok Ward

Clemente Jones Pastor Waters

Condino Kahn Pavlov Wenke

Cushingberry Kolb Pearce Whitmer

DeRoche Kooiman Plakas Williams

Dillon LaJoy Polidori Wojno

Donigan Law, David Proos Zelenko

Drolet

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

The Speaker laid before the House

House Bill No. 5095, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending sections 3, 4, 19, 24, and 31 (MCL 205.3, 205.4, 205.19, 205.24, and 205.31), section 3 as amended by 2003 PA 92, sections 4, 19, and 31 as amended by 2002 PA 657, and section 24 as amended by 2003 PA 201.

(The bill was received from the Senate on October 25, with substitute (S-1), consideration of which, under the rules, was postponed until October 26, see House Journal No. 91, p. 1998.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Sheen moved to substitute (H-3) the Senate substitute (S-1).

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

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Sheen moved to amend the bill as follows:

1. Amend page 11, line 26, by striking out all of subdivision (l).

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 616 Yeas--59

Acciavatti Garfield Meyer Schuitmaker

Amos Gosselin Moolenaar Shaffer

Ball Green Moore Sheen

Baxter Hansen Mortimer Stahl

Booher Hildenbrand Newell Stakoe

Brandenburg Hoogendyk Nitz Steil

Casperson Huizenga Nofs Stewart

Caswell Hummel Palmer Taub

Caul Hune Palsrok Tobocman

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney Marleau Rocca

Nays--46

Accavitti Condino Law, Kathleen Polidori

Adamini Cushingberry Leland Sak

Anderson Dillon Lemmons, III Sheltrown

Angerer Donigan Lemmons, Jr. Smith, Alma

Bennett Espinoza Lipsey Spade

Bieda Farrah Mayes Vagnozzi

Brown Gillard McDowell Waters

Byrnes Gleason Meisner Whitmer

Byrum Gonzales Miller Williams

Cheeks Hood Murphy Wojno

Clack Hopgood Plakas Zelenko

Clemente Kolb

In The Chair: Kooiman

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

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

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending sections 3, 4, 19, and 24 (MCL 205.3, 205.4, 205.19, and 205.24), section 3 as amended by 2003 PA 92, sections 4 and 19 as amended by 2002 PA 657, and section 24 as amended by 2003 PA 201.

The motion prevailed.

The House agreed to the title as amended.

The Speaker laid before the House

House Bill No. 5096, entitled

A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties.

(The bill was received from the Senate on October 25, with substitute (S-2), consideration of which, under the rules, was postponed until October 26, see House Journal No. 91, p. 1998.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Sheen moved to substitute (H-5) the Senate substitute (S-2).

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Sheen moved to amend the bill as follows:

1. Amend page 6, line 24, by striking out all of subdivision (l).

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 617 Yeas--58

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney Marleau

Nays--47

Accavitti Condino Law, Kathleen Sak

Adamini Cushingberry Leland Sheltrown

Anderson Dillon Lemmons, III Smith, Alma

Angerer Donigan Lemmons, Jr. Spade

Bennett Espinoza Lipsey Tobocman

Bieda Farrah Mayes Vagnozzi

Brown Gillard McDowell Waters

Byrnes Gleason Meisner Whitmer

Byrum Gonzales Miller Williams

Cheeks Hood Murphy Wojno

Clack Hopgood Plakas Zelenko

Clemente Kolb Polidori

In The Chair: Kooiman

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

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

A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; to provide penalties; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

The Speaker laid before the House

House Bill No. 5097, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34d (MCL 211.34d), as amended by 2005 PA 12, and by adding section 7jj.

(The bill was received from the Senate on October 25, with substitute (S-2) and full title inserted, consideration of which, under the rules, was postponed until October 26, see House Journal No. 91, p. 1998.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Sheen moved to substitute (H-5) the Senate substitute (S-2).

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Sheen moved to amend the bill as follows:

1. Amend page 21, line 6, by striking out all of subdivision (l).

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 618 Yeas--58

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney Marleau

Nays--47

Accavitti Condino Law, Kathleen Sak

Adamini Cushingberry Leland Sheltrown

Anderson Dillon Lemmons, III Smith, Alma

Angerer Donigan Lemmons, Jr. Spade

Bennett Espinoza Lipsey Tobocman

Bieda Farrah Mayes Vagnozzi

Brown Gillard McDowell Waters

Byrnes Gleason Meisner Whitmer

Byrum Gonzales Miller Williams

Cheeks Hood Murphy Wojno

Clack Hopgood Plakas Zelenko

Clemente Kolb Polidori

In The Chair: Kooiman

The House agreed to the full title of the bill.

The Speaker laid before the House

House Bill No. 5106, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4d (MCL 205.54d), as added by 2004 PA 173.

(The bill was received from the Senate on October 25, with substitute (S-1) and full title inserted, consideration of which, under the rules, was postponed until October 26, see House Journal No. 91, p. 1999.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Sheen moved to substitute (H-3) the Senate substitute (S-1).

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

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Sheen moved to amend the bill as follows:

1. Amend page 4, line 12, by striking out all of subdivision (l).

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Sheen moved to amend the bill as follows:

1. Amend page 1, line 9, by striking out "SECTIONS 4A AND" and inserting "SECTION 4A OR".

2. Amend page 1, line 10, after "208.35F," by striking out "ARE" and inserting "IS".

3. Amend page 2, line 7, after "IF" by striking out "SECTIONS 4A AND" and inserting "SECTION 4A OR".

4. Amend page 2, line 8, after "208.35F," by striking out "ARE" and inserting "IS".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 619 Yeas--58

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney Marleau

Nays--47

Accavitti Condino Law, Kathleen Sak

Adamini Cushingberry Leland Sheltrown

Anderson Dillon Lemmons, III Smith, Alma

Angerer Donigan Lemmons, Jr. Spade

Bennett Espinoza Lipsey Tobocman

Bieda Farrah Mayes Vagnozzi

Brown Gillard McDowell Waters

Byrnes Gleason Meisner Whitmer

Byrum Gonzales Miller Williams

Cheeks Hood Murphy Wojno

Clack Hopgood Plakas Zelenko

Clemente Kolb Polidori

In The Chair: Kooiman

The House agreed to the full title of the bill.

The Speaker laid before the House

House Bill No. 5107, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3a and 4 (MCL 205.93a and 205.94), as amended by 2004 PA 172, and by adding section 5a.

(The bill was received from the Senate on October 25, with substitute (S-2) and title amendment, consideration of which, under the rules, was postponed until October 26, see House Journal No. 91, p. 1999.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Sheen moved to substitute (H-4) the Senate substitute (S-2).

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Sheen moved to amend the bill as follows:

1. Amend page 15, line 6, by striking out all of subdivision (l).

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Sheen moved to amend the bill as follows:

1. Amend page 6, line 9, by striking out "SECTIONS 4A AND" and inserting "SECTION 4A OR".

2. Amend page 6, line 10, after "208.35F," by striking out "ARE" and inserting "IS".

3. Amend page 6, line 12, after "DRIVING" by striking out the balance of the line through "ACT" on line 14 and inserting "IS EXEMPT FROM THE TAX LEVIED UNDER THIS ACT".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 620 Yeas--58

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney Marleau

Nays--47

Accavitti Condino Law, Kathleen Sak

Adamini Cushingberry Leland Sheltrown

Anderson Dillon Lemmons, III Smith, Alma

Angerer Donigan Lemmons, Jr. Spade

Bennett Espinoza Lipsey Tobocman

Bieda Farrah Mayes Vagnozzi

Brown Gillard McDowell Waters

Byrnes Gleason Meisner Whitmer

Byrum Gonzales Miller Williams

Cheeks Hood Murphy Wojno

Clack Hopgood Plakas Zelenko

Clemente Kolb Polidori

In The Chair: Kooiman

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

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

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3a and 4 (MCL 205.93a and 205.94), as amended by 2004 PA 172.

The motion prevailed.

The House agreed to the title as amended.

The Speaker laid before the House

House Bill No. 5108, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 4a, 31, and 36 (MCL 208.4a, 208.31, and 208.36), section 4a as added by 2003 PA 241, section 31 as amended by 1999 PA 115, and section 36 as amended by 1995 PA 284.

(The bill was received from the Senate on October 25, with substitute (S-1) and title amendment, consideration of which, under the rules, was postponed until October 26, see House Journal No. 91, p. 1999.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Sheen moved to substitute (H-5) the Senate substitute (S-1).

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Sheen moved to amend the bill as follows:

1. Amend page 15, line 17, by striking out all of subdivision (l).

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 621 Yeas--105

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheen

Ball Garfield Mayes Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Spade

Bieda Gonzales Meyer Stahl

Booher Gosselin Miller Stakoe

Brandenburg Green Moolenaar Steil

Brown Hansen Moore Stewart

Byrnes Hildenbrand Mortimer Taub

Byrum Hood Murphy Tobocman

Casperson Hoogendyk Newell Vagnozzi

Caswell Hopgood Nitz Van Regenmorter

Caul Huizenga Nofs Vander Veen

Cheeks Hummel Palmer Walker

Clack Hune Palsrok Ward

Clemente Jones Pastor Waters

Condino Kahn Pavlov Wenke

Cushingberry Kolb Pearce Whitmer

DeRoche Kooiman Plakas Williams

Dillon LaJoy Polidori Wojno

Donigan Law, David Proos Zelenko

Drolet

Nays--0

In The Chair: Kooiman

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

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

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 36 and 71 (MCL 208.36 and 208.71), section 36 as amended by 1995 PA 284 and section 71 as amended by 1999 PA 115, and by adding section 35f.

The motion prevailed.

The House agreed to the title as amended.

The Speaker laid before the House

House Bill No. 4972, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35d.

(The bill was received from the Senate on October 25, with substitute (S-1) and full title inserted, consideration of which, under the rules, was postponed until October 26, see House Journal No. 91, p. 1998.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Sheen moved to substitute (H-4) the Senate substitute (S-1).

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Sheen moved to amend the bill as follows:

1. Amend page 4, line 3, by striking out all of subdivision (l).

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 622 Yeas--104

Accavitti Drolet Law, David Proos

Acciavatti Elsenheimer Law, Kathleen Robertson

Adamini Emmons Leland Rocca

Amos Espinoza Lemmons, III Sak

Anderson Farhat Lemmons, Jr. Schuitmaker

Angerer Farrah Lipsey Shaffer

Ball Gaffney Marleau Sheen

Baxter Garfield Mayes Sheltrown

Bennett Gillard McDowell Spade

Bieda Gleason Meisner Stahl

Booher Gonzales Meyer Stakoe

Brandenburg Gosselin Miller Steil

Brown Green Moolenaar Stewart

Byrnes Hansen Moore Taub

Byrum Hildenbrand Mortimer Tobocman

Casperson Hood Murphy Vagnozzi

Caswell Hoogendyk Newell Van Regenmorter

Caul Hopgood Nitz Vander Veen

Cheeks Huizenga Nofs Walker

Clack Hummel Palmer Ward

Clemente Hune Palsrok Waters

Condino Jones Pastor Wenke

Cushingberry Kahn Pavlov Whitmer

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Nays--1

Smith, Alma

In The Chair: Kooiman

The House agreed to the full title of the bill.

Second Reading of Bills

Senate Bill No. 633, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 31 (MCL 208.31), as amended by 1999 PA 115.

The bill was read a second time.

Rep. Sheen moved to substitute (H-1) the bill.

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

Rep. Sheen moved to amend the bill as follows:

1. Amend page 5, line 3, by striking out all of subdivision (l).

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 633, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 31 (MCL 208.31), as amended by 1999 PA 115.

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

Roll Call No. 623 Yeas--104

Accavitti Drolet Law, David Proos

Acciavatti Elsenheimer Law, Kathleen Robertson

Adamini Emmons Leland Rocca

Amos Espinoza Lemmons, III Sak

Anderson Farhat Lemmons, Jr. Schuitmaker

Angerer Farrah Lipsey Shaffer

Ball Gaffney Marleau Sheen

Baxter Garfield Mayes Sheltrown

Bennett Gillard McDowell Spade

Bieda Gleason Meisner Stahl

Booher Gonzales Meyer Stakoe

Brandenburg Gosselin Miller Steil

Brown Green Moolenaar Stewart

Byrnes Hansen Moore Taub

Byrum Hildenbrand Mortimer Tobocman

Casperson Hood Murphy Vagnozzi

Caswell Hoogendyk Newell Van Regenmorter

Caul Hopgood Nitz Vander Veen

Cheeks Huizenga Nofs Walker

Clack Hummel Palmer Ward

Clemente Hune Palsrok Waters

Condino Jones Pastor Wenke

Cushingberry Kahn Pavlov Whitmer

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Nays--1

Smith, Alma

In The Chair: Kooiman

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

"An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation,"

The House agreed to the full title.

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

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

Rep. Ward moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

Rep. Virgil Smith entered the House Chambers.

Quorum Call

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

The motion prevailed.

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

The following is the roll call:

Roll Call No. 624 Yeas--102

Accavitti Emmons Lemmons, III Rocca

Acciavatti Espinoza Lemmons, Jr. Sak

Adamini Farhat Lipsey Schuitmaker

Amos Gaffney Marleau Shaffer

Anderson Garfield Mayes Sheen

Angerer Gillard McDowell Sheltrown

Ball Gleason Meisner Smith, Alma

Baxter Gonzales Meyer Smith, Virgil

Bennett Gosselin Miller Spade

Bieda Green Moolenaar Stahl

Booher Hansen Moore Stakoe

Brandenburg Hildenbrand Mortimer Steil

Brown Hood Murphy Stewart

Byrnes Hoogendyk Newell Taub

Byrum Hopgood Nitz Tobocman

Casperson Huizenga Nofs Vagnozzi

Caul Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

Cushingberry Kolb Pearce Wenke

DeRoche Kooiman Plakas Whitmer

Dillon LaJoy Polidori Williams

Donigan Law, David Proos Wojno

Drolet Law, Kathleen Robertson Zelenko

Elsenheimer Leland

In The Chair: Kooiman

Second Reading of Bills

House Bill No. 4670, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 16184.

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

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

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

The motion prevailed.

House Bill No. 5375, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 16185.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4129, entitled

A bill to establish a teachers loan forgiveness program for eligible new teachers in at-risk schools and shortage areas; to establish a teachers loan forgiveness fund and to provide for its administration; and to prescribe certain powers and duties of certain state officers, agencies, and departments.

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

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

Rep. Mortimer moved to amend the bill as follows:

1. Amend page 2, line 6, after "first" by striking out the balance of the subdivision and inserting "applies for a grant under this act.".

2. Amend page 3, line 7, after "a" by striking out "state student loan" and inserting "Michigan alternative student loan".

3. Amend page 3, line 15, after "state" by striking out "and" and inserting "or".

4. Amend page 3, line 15, after "programs" by striking out the balance of the subdivision and inserting "applicable to a Michigan alternative student loan.".

5. Amend page 3, line 17, by striking out all of subdivision (f).

6. Amend page 4, line 4, after "program" by striking out the balance of the subsection and inserting "applicable to a Michigan alternative student loan.".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5210, entitled

A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," by amending section 300 (MCL 16.400).

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

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

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

The motion prevailed.

House Bill No. 5256, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3020 (MCL 500.3020), as amended by 1998 PA 410.

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

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

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

The motion prevailed.

House Bill No. 5292, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 7911, 7918, 7921, 7925, 7931, 7941, 7945, 8111, 8124, and 8134 (MCL 500.7911, 500.7918, 500.7921, 500.7925, 500.7931, 500.7941, 500.7945, 500.8111, 500.8124, and 500.8134), sections 7911 and 7921 as amended by 1993 PA 200, section 7918 as amended by 2001 PA 182, sections 7925, 7931, and 7945 as amended by 1980 PA 41, section 7941 as amended by 1990 PA 137, section 8111 as amended by 1992 PA 182, section 8124 as added by 1989 PA 302, and section 8134 as amended by 1998 PA 279, and by adding sections 8124a, 8125a, and 8133a.

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

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

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

The motion prevailed.

House Bill No. 4778, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 44520a.

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

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

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

The motion prevailed.

______

Rep. Palmer moved that Rep. Caswell be excused temporarily from today's session.

The motion prevailed.

Rep. Waters moved that Rep. Cheeks be excused temporarily from today's session.

The motion prevailed.

Rep. Pastor moved that Rep. Huizenga be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4001, entitled

A bill to establish an undergraduate tuition waiver program for children of certain deceased or disabled members of the armed forces of the United States; to provide for the administration of the tuition waiver program; to prescribe certain powers and duties of certain state officers, agencies, and departments; and to repeal acts and parts of acts.

(The bill was received from the Senate on November 9, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 98, p. 2147.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 625 Yeas--103

Accavitti Emmons Lemmons, III Sak

Acciavatti Espinoza Lemmons, Jr. Schuitmaker

Adamini Farhat Lipsey Shaffer

Amos Farrah Marleau Sheen

Anderson Gaffney Mayes Sheltrown

Angerer Garfield McDowell Smith, Alma

Ball Gillard Meisner Smith, Virgil

Baxter Gleason Meyer Spade

Bennett Gonzales Miller Stahl

Bieda Gosselin Moolenaar Stakoe

Booher Green Moore Steil

Brandenburg Hansen Mortimer Stewart

Brown Hildenbrand Murphy Taub

Byrnes Hood Newell Tobocman

Byrum Hoogendyk Nitz Vagnozzi

Casperson Hopgood Nofs Van Regenmorter

Caul Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

Cushingberry Kolb Pearce Wenke

DeRoche Kooiman Plakas Whitmer

Dillon LaJoy Polidori Williams

Donigan Law, David Proos Wojno

Drolet Law, Kathleen Robertson Zelenko

Elsenheimer Leland Rocca

Nays--0

In The Chair: Kooiman

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

______

Rep. Huizenga, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 625. Had I been present, I would have voted 'yea'."

______

Rep. Hunter entered the House Chambers.

The Speaker laid before the House

House Bill No. 5091, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 437.

(The bill was received from the Senate on November 9, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 98, p. 2147.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 626 Yeas--105

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, III Sak

Adamini Farrah Lemmons, Jr. Schuitmaker

Amos Gaffney Lipsey Shaffer

Anderson Garfield Marleau Sheen

Angerer Gillard Mayes Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House

House Bill No. 4421, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1204c (MCL 500.1204c), as amended by 2001 PA 228.

(The bill was received from the Senate on November 9, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 98, p. 2147.)

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 627 Yeas--105

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, III Sak

Adamini Farrah Lemmons, Jr. Schuitmaker

Amos Gaffney Lipsey Shaffer

Anderson Garfield Marleau Sheen

Angerer Gillard Mayes Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

______

Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 5215, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 37e (MCL 208.37e), as added by 2003 PA 297.

(The bill was received from the Senate on October 19, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 20, see House Journal No. 89, p. 1952.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 628 Yeas--104

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, III Sak

Adamini Farrah Lemmons, Jr. Schuitmaker

Amos Gaffney Lipsey Shaffer

Anderson Garfield Marleau Sheen

Angerer Gillard Mayes Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

Dillon Kolb Pearce Wenke

Donigan Kooiman Plakas Whitmer

Drolet LaJoy Polidori Williams

Elsenheimer Law, David Proos Wojno

Emmons Law, Kathleen Robertson Zelenko

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House

House Bill No. 5216, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 270 (MCL 206.270), as added by 2003 PA 295.

(The bill was received from the Senate on October 19, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 20, see House Journal No. 89, p. 1952.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 629 Yeas--104

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, III Sak

Adamini Farrah Lemmons, Jr. Schuitmaker

Amos Gaffney Lipsey Shaffer

Anderson Garfield Marleau Sheen

Angerer Gillard Mayes Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

Dillon Kolb Pearce Wenke

Donigan Kooiman Plakas Whitmer

Drolet LaJoy Polidori Williams

Elsenheimer Law, David Proos Wojno

Emmons Law, Kathleen Robertson Zelenko

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Second Reading of Bills

Senate Bill No. 654, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11a of chapter XVII (MCL 777.11a), as added by 2002 PA 31.

The bill was read a second time.

Rep. Stakoe moved to amend the bill as follows:

1. Amend page 2, line 5, by striking out all of line 5.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 654, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11a of chapter XVII (MCL 777.11a), as added by 2002 PA 31.

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

Roll Call No. 630 Yeas--104

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, III Sak

Adamini Farrah Lemmons, Jr. Schuitmaker

Amos Gaffney Lipsey Shaffer

Anderson Garfield Marleau Sheen

Angerer Gillard Mayes Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

Dillon Kolb Pearce Wenke

Donigan Kooiman Plakas Whitmer

Drolet LaJoy Polidori Williams

Elsenheimer Law, David Proos Wojno

Emmons Law, Kathleen Robertson Zelenko

Nays--0

In The Chair: Kooiman

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

"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,"

The House agreed to the full title.

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

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

______

Rep. McConico entered the House Chambers.

Quorum Call

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

The motion prevailed.

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

The following is the roll call:

Roll Call No. 631 Yeas--103

Accavitti Emmons Leland Sak

Acciavatti Espinoza Lemmons, Jr. Schuitmaker

Adamini Farhat Lipsey Shaffer

Amos Farrah Marleau Sheen

Anderson Gaffney Mayes Sheltrown

Angerer Garfield McConico Smith, Alma

Ball Gillard McDowell Smith, Virgil

Baxter Gleason Meyer Spade

Bennett Gonzales Miller Stahl

Bieda Gosselin Moolenaar Stakoe

Booher Green Moore Steil

Brandenburg Hansen Mortimer Stewart

Brown Hildenbrand Murphy Taub

Byrnes Hood Newell Tobocman

Byrum Hoogendyk Nitz Vagnozzi

Casperson Huizenga Nofs Van Regenmorter

Caul Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Wenke

DeRoche Kolb Plakas Whitmer

Dillon Kooiman Polidori Williams

Donigan LaJoy Proos Wojno

Drolet Law, David Robertson Zelenko

Elsenheimer Law, Kathleen Rocca

In The Chair: Kooiman

______

Rep. Sak moved that Rep. Lemmons, III be excused temporarily from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4742, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter 21A.

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

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

Rep. Hune moved to substitute (H-3) the bill.

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

Rep. Angerer moved to amend the bill as follows:

1. Amend page 7, following line 13, by inserting:

"Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 93rd Legislature are enacted into law:

(a) House Bill No. 4685.

(b) House Bill No. 4140.".

The question being on the adoption of the amendment offered by Rep. Angerer,

Rep. Angerer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Angerer,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 632 Yeas--53

Accavitti Cushingberry Kahn Polidori

Adamini Dillon Kolb Sak

Amos Donigan Law, Kathleen Sheltrown

Anderson Espinoza Leland Smith, Alma

Angerer Farrah Lemmons, Jr. Smith, Virgil

Bennett Gaffney Lipsey Spade

Bieda Gillard Mayes Tobocman

Brandenburg Gleason McConico Vagnozzi

Brown Gonzales McDowell Waters

Byrnes Green Meisner Whitmer

Byrum Hood Miller Williams

Clack Hopgood Murphy Wojno

Clemente Hunter Plakas Zelenko

Condino

Nays--52

Acciavatti Hansen Moore Schuitmaker

Ball Hildenbrand Mortimer Shaffer

Baxter Hoogendyk Newell Sheen

Booher Huizenga Nitz Stahl

Casperson Hummel Nofs Stakoe

Caul Hune Palmer Steil

DeRoche Jones Palsrok Stewart

Drolet Kooiman Pastor Taub

Elsenheimer LaJoy Pavlov Van Regenmorter

Emmons Law, David Pearce Vander Veen

Farhat Marleau Proos Walker

Garfield Meyer Robertson Ward

Gosselin Moolenaar Rocca Wenke

In The Chair: Kooiman

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4742, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter 21A.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

Senate Bill No. 298, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 1062 (MCL 450.2062), as amended by 1997 PA 118.

(The bill was received from the Senate on October 19, with substitute (S-2) to the House substitute (H-3) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 20, see House Journal No. 89, p. 1952.)

The question being on concurring in the substitute (S-2) to the House substitute (H-3) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 633 Yeas--105

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Lipsey Schuitmaker

Amos Gaffney Marleau Shaffer

Anderson Garfield Mayes Sheen

Angerer Gillard McConico Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons

Nays--0

In The Chair: Kooiman

The Speaker laid before the House

Senate Bill No. 359, entitled

A bill to amend 1984 PA 270, entitled "An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, notes and bonds of the Michigan strategic fund; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of the state; to provide penalties; and to repeal certain acts and parts of acts," (MCL 125.2001 to 125.2093) by adding chapter 7A.

(The bill was received from the Senate on October 19, with substitute (S-2) to the House substitute (H-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 20, see House Journal No. 89, p. 1952.)

The question being on concurring in the substitute (S-2) to the House substitute (H-3) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 634 Yeas--104

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Lipsey Schuitmaker

Amos Gaffney Marleau Shaffer

Anderson Garfield Mayes Sheen

Angerer Gillard McConico Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Williams

Elsenheimer Law, David Proos Wojno

Emmons Law, Kathleen Robertson Zelenko

Nays--1

Drolet

In The Chair: Kooiman

The House agreed to the title as amended.

The Speaker laid before the House

Senate Bill No. 521, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2004 PA 394.

(The bill was received from the Senate on October 19, with substitute (S-2) to the House substitute (H-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 20, see House Journal No. 89, p. 1953.)

The question being on concurring in the substitute (S-2) to the House substitute (H-1) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 635 Yeas--106

Accavitti Espinoza Lemmons, III Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Lipsey Schuitmaker

Amos Gaffney Marleau Shaffer

Anderson Garfield Mayes Sheen

Angerer Gillard McConico Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons Leland

Nays--0

In The Chair: Kooiman

House Bill No. 4973, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 45a (MCL 208.45a), as amended by 1999 PA 115.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 636 Yeas--106

Accavitti Espinoza Lemmons, III Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Lipsey Schuitmaker

Amos Gaffney Marleau Shaffer

Anderson Garfield Mayes Sheen

Angerer Gillard McConico Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons Leland

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5098, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 9, 22a, and 38e (MCL 208.9, 208.22a, and 208.38e), section 9 as amended by 2004 PA 258, section 22a as amended by 1996 PA 578, and section 38e as amended by 2003 PA 273, and by adding sections 79 and 130.

The Senate has amended the House substitute (H-7) to the Senate substitute (S-2) as follows:

1. Amend page 8, line 6, after "SECTION" by striking out "4A OR".

2. Amend page 9, line 6, after "WHICH" by striking out "SECTIONS 4A AND 35F ARE" and inserting "SECTION 35F IS".

3. Amend page 12, line 2, after "WHICH" by striking out "SECTIONS 4A AND 35F ARE" and inserting "SECTION 35F IS".

4. Amend page 12, line 10, after "SECTION" by striking out "4A OR".

5. Amend page 15, line 4, after "WHICH" by striking out "SECTIONS 4A AND 35F ARE" and inserting "SECTION 35F IS".

The Senate has concurred in the House substitute (H-7) to the Senate substitute (S-2) as amended, ordered that the bill be given immediate effect, agreed to the title as amended and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendments to the House substitute (H-7) to the Senate substitute (S-2) made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 637 Yeas--57

Acciavatti Gosselin Meyer Rocca

Amos Green Moolenaar Schuitmaker

Ball Hansen Moore Shaffer

Baxter Hildenbrand Mortimer Sheen

Booher Hoogendyk Newell Stahl

Brandenburg Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caul Hune Palmer Stewart

DeRoche Jones Palsrok Taub

Drolet Kahn Pastor Van Regenmorter

Elsenheimer Kooiman Pavlov Vander Veen

Emmons LaJoy Pearce Walker

Farhat Law, David Proos Ward

Gaffney Marleau Robertson Wenke

Garfield

Nays--49

Accavitti Dillon Leland Sak

Adamini Donigan Lemmons, III Sheltrown

Anderson Espinoza Lemmons, Jr. Smith, Alma

Angerer Farrah Lipsey Smith, Virgil

Bennett Gillard Mayes Spade

Bieda Gleason McConico Tobocman

Brown Gonzales McDowell Vagnozzi

Byrnes Hood Meisner Waters

Byrum Hopgood Miller Whitmer

Clack Hunter Murphy Williams

Clemente Kolb Plakas Wojno

Condino Law, Kathleen Polidori Zelenko

Cushingberry

In The Chair: Kooiman

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4718, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 78.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 638 Yeas--104

Accavitti Emmons Leland Rocca

Acciavatti Espinoza Lemmons, III Sak

Adamini Farhat Lemmons, Jr. Schuitmaker

Amos Farrah Lipsey Shaffer

Anderson Gaffney Mayes Sheen

Angerer Garfield McConico Sheltrown

Ball Gillard McDowell Smith, Alma

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5050, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1999 PA 140.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2) and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 639 Yeas--106

Accavitti Espinoza Lemmons, III Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Lipsey Schuitmaker

Amos Gaffney Marleau Shaffer

Anderson Garfield Mayes Sheen

Angerer Gillard McConico Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons Leland

Nays--0

In The Chair: Kooiman

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Second Reading of Bills

House Bill No. 4904, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3109a (MCL 500.3109a).

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4904, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3109a (MCL 500.3109a).

The bill was read a third time.

The question being on the passage of the bill,

Rep. Condino moved to amend the bill as follows:

1. Amend page 2, following line 2, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4323 of the 93rd Legislature is enacted into law.".

The question being on the seconding of the motion made by Rep. Condino,

The motion was not seconded.

Rep. Waters moved to reconsider the vote by which the House did not second the motion made by Rep. Condino.

The question being on the motion made by Rep. Waters,

Rep. Waters demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Waters,

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 640 Yeas--49

Accavitti Dillon Leland Sak

Adamini Donigan Lemmons, III Sheltrown

Anderson Espinoza Lemmons, Jr. Smith, Alma

Angerer Farrah Lipsey Smith, Virgil

Bennett Gillard Mayes Spade

Bieda Gleason McConico Tobocman

Brown Gonzales McDowell Vagnozzi

Byrnes Hood Meisner Waters

Byrum Hopgood Miller Whitmer

Clack Hunter Murphy Williams

Clemente Kolb Plakas Wojno

Condino Law, Kathleen Polidori Zelenko

Cushingberry

Nays--57

Acciavatti Gosselin Meyer Rocca

Amos Green Moolenaar Schuitmaker

Ball Hansen Moore Shaffer

Baxter Hildenbrand Mortimer Sheen

Booher Hoogendyk Newell Stahl

Brandenburg Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caul Hune Palmer Stewart

DeRoche Jones Palsrok Taub

Drolet Kahn Pastor Van Regenmorter

Elsenheimer Kooiman Pavlov Vander Veen

Emmons LaJoy Pearce Walker

Farhat Law, David Proos Ward

Gaffney Marleau Robertson Wenke

Garfield

In The Chair: Kooiman

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 641 Yeas--57

Acciavatti Gosselin Meyer Rocca

Amos Green Moolenaar Schuitmaker

Ball Hansen Moore Shaffer

Baxter Hildenbrand Mortimer Sheen

Booher Hoogendyk Newell Stahl

Brandenburg Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caul Hune Palmer Stewart

DeRoche Jones Palsrok Taub

Drolet Kahn Pastor Van Regenmorter

Elsenheimer Kooiman Pavlov Vander Veen

Emmons LaJoy Pearce Walker

Farhat Law, David Proos Ward

Gaffney Marleau Robertson Wenke

Garfield

Nays--49

Accavitti Dillon Leland Sak

Adamini Donigan Lemmons, III Sheltrown

Anderson Espinoza Lemmons, Jr. Smith, Alma

Angerer Farrah Lipsey Smith, Virgil

Bennett Gillard Mayes Spade

Bieda Gleason McConico Tobocman

Brown Gonzales McDowell Vagnozzi

Byrnes Hood Meisner Waters

Byrum Hopgood Miller Whitmer

Clack Hunter Murphy Williams

Clemente Kolb Plakas Wojno

Condino Law, Kathleen Polidori Zelenko

Cushingberry

In The Chair: Kooiman

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4342, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 4 (MCL 208.4), as amended by 2003 PA 240; and to repeal acts and parts of acts.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. McDowell moved to amend the Senate substitute (S-1) as follows:

1. Amend page 5, following line 21, by inserting:

"(l) House Bill No. 4529.".

The question being on the adoption of the amendment offered by Rep. McDowell,

Rep. McDowell demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. McDowell,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 642 Yeas--49

Accavitti Dillon Leland Sak

Adamini Donigan Lemmons, III Sheltrown

Anderson Espinoza Lemmons, Jr. Smith, Alma

Angerer Farrah Lipsey Smith, Virgil

Bennett Gillard Mayes Spade

Bieda Gleason McConico Tobocman

Brown Gonzales McDowell Vagnozzi

Byrnes Hood Meisner Waters

Byrum Hopgood Miller Whitmer

Clack Hunter Murphy Williams

Clemente Kolb Plakas Wojno

Condino Law, Kathleen Polidori Zelenko

Cushingberry

Nays--57

Acciavatti Gosselin Meyer Rocca

Amos Green Moolenaar Schuitmaker

Ball Hansen Moore Shaffer

Baxter Hildenbrand Mortimer Sheen

Booher Hoogendyk Newell Stahl

Brandenburg Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caul Hune Palmer Stewart

DeRoche Jones Palsrok Taub

Drolet Kahn Pastor Van Regenmorter

Elsenheimer Kooiman Pavlov Vander Veen

Emmons LaJoy Pearce Walker

Farhat Law, David Proos Ward

Gaffney Marleau Robertson Wenke

Garfield

In The Chair: Kooiman

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Vagnozzi moved to amend the Senate substitute (S-1) as follows:

1. Amend page 5, following line 21, by inserting:

"(l) House Bill No. 4157.".

The question being on the adoption of the amendment offered by Rep. Vagnozzi,

Rep. Vagnozzi demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Vagnozzi,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 643 Yeas--50

Accavitti Dillon Lemmons, III Sheltrown

Adamini Donigan Lemmons, Jr. Smith, Alma

Anderson Espinoza Lipsey Smith, Virgil

Angerer Farrah Mayes Spade

Bennett Gillard McConico Taub

Bieda Gleason McDowell Tobocman

Brown Gonzales Meisner Vagnozzi

Byrnes Hood Miller Waters

Byrum Hopgood Murphy Whitmer

Clack Hunter Plakas Williams

Clemente Kolb Polidori Wojno

Condino Law, Kathleen Sak Zelenko

Cushingberry Leland

Nays--56

Acciavatti Garfield Marleau Robertson

Amos Gosselin Meyer Rocca

Ball Green Moolenaar Schuitmaker

Baxter Hansen Moore Shaffer

Booher Hildenbrand Mortimer Sheen

Brandenburg Hoogendyk Newell Stahl

Casperson Huizenga Nitz Stakoe

Caul Hummel Nofs Steil

DeRoche Hune Palmer Stewart

Drolet Jones Palsrok Van Regenmorter

Elsenheimer Kahn Pastor Vander Veen

Emmons Kooiman Pavlov Walker

Farhat LaJoy Pearce Ward

Gaffney Law, David Proos Wenke

In The Chair: Kooiman

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Donigan moved to amend the Senate substitute (S-1) as follows:

1. Amend page 5, following line 21, by inserting:

"(l) House Bill No. 5191".

The question being on the adoption of the amendment offered by Rep. Donigan,

Rep. Donigan demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Donigan,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 644 Yeas--45

Accavitti Espinoza Lemmons, Jr. Smith, Alma

Adamini Gillard Lipsey Smith, Virgil

Anderson Gleason McConico Spade

Bennett Gonzales McDowell Tobocman

Bieda Hood Meisner Vagnozzi

Brandenburg Hopgood Miller Vander Veen

Brown Hunter Murphy Waters

Byrum Kolb Plakas Whitmer

Clack Law, Kathleen Polidori Williams

Condino Leland Sak Wojno

Cushingberry Lemmons, III Sheltrown Zelenko

Donigan

Nays--61

Acciavatti Farrah Law, David Proos

Amos Gaffney Marleau Robertson

Angerer Garfield Mayes Rocca

Ball Gosselin Meyer Schuitmaker

Baxter Green Moolenaar Shaffer

Booher Hansen Moore Sheen

Byrnes Hildenbrand Mortimer Stahl

Casperson Hoogendyk Newell Stakoe

Caul Huizenga Nitz Steil

Clemente Hummel Nofs Stewart

DeRoche Hune Palmer Taub

Dillon Jones Palsrok Van Regenmorter

Drolet Kahn Pastor Walker

Elsenheimer Kooiman Pavlov Ward

Emmons LaJoy Pearce Wenke

Farhat

In The Chair: Kooiman

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Alma Smith moved to amend the Senate substitute (S-1) as follows:

1. Amend page 5, following line 21, by inserting:

"(l) Senate Bill No. 734".

The question being on the adoption of the amendment offered by Rep. Alma Smith,

Rep. Alma Smith demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Alma Smith,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 645 Yeas--50

Accavitti Dillon Lemmons, III Sak

Adamini Donigan Lemmons, Jr. Sheltrown

Anderson Espinoza Lipsey Smith, Alma

Angerer Farrah Mayes Smith, Virgil

Bennett Gillard McConico Spade

Bieda Gleason McDowell Tobocman

Brown Gonzales Meisner Vagnozzi

Byrnes Hood Miller Waters

Byrum Hopgood Murphy Whitmer

Clack Hunter Nofs Williams

Clemente Kolb Plakas Wojno

Condino Law, Kathleen Polidori Zelenko

Cushingberry Leland

Nays--56

Acciavatti Garfield Marleau Rocca

Amos Gosselin Meyer Schuitmaker

Ball Green Moolenaar Shaffer

Baxter Hansen Moore Sheen

Booher Hildenbrand Mortimer Stahl

Brandenburg Hoogendyk Newell Stakoe

Casperson Huizenga Nitz Steil

Caul Hummel Palmer Stewart

DeRoche Hune Palsrok Taub

Drolet Jones Pastor Van Regenmorter

Elsenheimer Kahn Pavlov Vander Veen

Emmons Kooiman Pearce Walker

Farhat LaJoy Proos Ward

Gaffney Law, David Robertson Wenke

In The Chair: Kooiman

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 646 Yeas--106

Accavitti Espinoza Lemmons, III Rocca

Acciavatti Farhat Lemmons, Jr. Sak

Adamini Farrah Lipsey Schuitmaker

Amos Gaffney Marleau Shaffer

Anderson Garfield Mayes Sheen

Angerer Gillard McConico Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons Leland

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

______

Rep. Kolb moved that Rep. Lipsey be excused temporarily from today's session.

The motion prevailed.

Third Reading of Bills

The House returned to the consideration of

House Bill No. 4742, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter 21A.

(The bill was considered earlier today, see today's Journal p. 2212.)

The question being on the passage of the bill,

Rep. Ward moved that consideration of the bill be postponed for the day.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5106, entitled

A bill to amend 1933 PA 167, entitled "An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," by amending section 4d (MCL 205.54d), as added by 2004 PA 173.

The Senate has amended the House substitute (H-3) to the Senate substitute (S-1) as follows:

1. Amend page 1, line 9, after "SECTION" by striking out "4A OR".

2. Amend page 1, line 10, after "MCL" by striking out "208.4A AND".

3. Amend page 2, line 7, after "SECTION" by striking out "4A OR".

4. Amend page 2, line 8, after "MCL" by striking out "208.4A AND".

The Senate has concurred in the House substitute (H-3) to the Senate substitute (S-1) as amended and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendments to the House substitute (H-3) to the Senate substitute (S-1) made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 647 Yeas--57

Acciavatti Gosselin Meyer Rocca

Amos Green Moolenaar Schuitmaker

Ball Hansen Moore Shaffer

Baxter Hildenbrand Mortimer Sheen

Booher Hoogendyk Newell Stahl

Brandenburg Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caul Hune Palmer Stewart

DeRoche Jones Palsrok Taub

Drolet Kahn Pastor Van Regenmorter

Elsenheimer Kooiman Pavlov Vander Veen

Emmons LaJoy Pearce Walker

Farhat Law, David Proos Ward

Gaffney Marleau Robertson Wenke

Garfield

Nays--48

Accavitti Cushingberry Law, Kathleen Sak

Adamini Dillon Leland Sheltrown

Anderson Donigan Lemmons, III Smith, Alma

Angerer Espinoza Lemmons, Jr. Smith, Virgil

Bennett Farrah Mayes Spade

Bieda Gillard McConico Tobocman

Brown Gleason McDowell Vagnozzi

Byrnes Gonzales Meisner Waters

Byrum Hood Miller Whitmer

Clack Hopgood Murphy Williams

Clemente Hunter Plakas Wojno

Condino Kolb Polidori Zelenko

In The Chair: Kooiman

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker Pro Tempore called Associate Speaker Pro Tempore Elsenheimer to the Chair.

House Bill No. 5107, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3a and 4 (MCL 205.93a and 205.94), as amended by 2004 PA 172.

The Senate has amended the House substitute (H-4) to the Senate substitute (S-2) as follows:

1. Amend page 3, line 8, after "IF" by striking out "SECTIONS 4A AND" and inserting "SECTION".

2. Amend page 3, line 9, after "MCL" by striking out "208.4A AND 208.35F ARE" and inserting "208.35F, IS".

3. Amend page 6, line 9, after "SECTION" by striking out "4A OR".

4. Amend page 6, line 10, after "MCL" by striking out "208.4A AND".

The Senate has concurred in the House substitute (H-4) to the Senate substitute (S-2) as amended, ordered that the bill be given immediate effect, agreed to the title as amended and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendments to the House substitute (H-4) to the Senate substitute (S-2) made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 648 Yeas--56

Acciavatti Garfield Marleau Rocca

Amos Gosselin Meyer Schuitmaker

Ball Green Moolenaar Shaffer

Baxter Hansen Moore Sheen

Booher Hildenbrand Mortimer Stahl

Brandenburg Hoogendyk Newell Stakoe

Casperson Huizenga Nitz Steil

Caul Hummel Palmer Stewart

DeRoche Hune Palsrok Taub

Drolet Jones Pastor Van Regenmorter

Elsenheimer Kahn Pavlov Vander Veen

Emmons Kooiman Pearce Walker

Farhat LaJoy Proos Ward

Gaffney Law, David Robertson Wenke

Nays--49

Accavitti Dillon Leland Sak

Adamini Donigan Lemmons, III Sheltrown

Anderson Espinoza Lemmons, Jr. Smith, Alma

Angerer Farrah Mayes Smith, Virgil

Bennett Gillard McConico Spade

Bieda Gleason McDowell Tobocman

Brown Gonzales Meisner Vagnozzi

Byrnes Hood Miller Waters

Byrum Hopgood Murphy Whitmer

Clack Hunter Nofs Williams

Clemente Kolb Plakas Wojno

Condino Law, Kathleen Polidori Zelenko

Cushingberry

In The Chair: Elsenheimer

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5108, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 36 and 71 (MCL 208.36 and 208.71), section 36 as amended by 1995 PA 284 and section 71 as amended by 1999 PA 115, and by adding section 35f.

The Senate has amended the House substitute (H-5) to the Senate substitute (S-1) as follows:

1. Amend page 5, line 23, after "WHICH" by striking out "SECTIONS 4A AND 35F ARE" and inserting "SECTION 35F IS".

2. Amend page 11, line 27, after "WHICH" by striking out "SECTIONS 4A AND 35F ARE" and inserting "SECTION 35F IS".

3. Amend page 12, line 9, after "WHICH" by striking out the balance of the line through "ARE" on line 10 and inserting "SECTION 35F IS".

The Senate has concurred in the House substitute (H-5) to the Senate substitute (S-1) as amended, ordered that the bill be given immediate effect, agreed to the title as amended and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Ward moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendments to the House substitute (H-5) to the Senate substitute (S-1) made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 649 Yeas--105

Accavitti Espinoza Leland Rocca

Acciavatti Farhat Lemmons, III Sak

Adamini Farrah Lemmons, Jr. Schuitmaker

Amos Gaffney Marleau Shaffer

Anderson Garfield Mayes Sheen

Angerer Gillard McConico Sheltrown

Ball Gleason McDowell Smith, Alma

Baxter Gonzales Meisner Smith, Virgil

Bennett Gosselin Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hoogendyk Murphy Taub

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Williams

Drolet Law, David Proos Wojno

Elsenheimer Law, Kathleen Robertson Zelenko

Emmons

Nays--0

In The Chair: Elsenheimer

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

______

Rep. Lipsey, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 647-649. Had I been present, I would have voted 'nay' on Roll Call Nos. 647-648 and 'yea' on Roll Call No. 649."

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Ward moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk three hours prior to calling the House to order.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Ward moved that pursuant to House Rule 20, the Clerk of the House be authorized to enroll House bills while the House is not in session.

The motion prevailed.

______

Rep. Ward moved that when the House adjourns today it stand adjourned until Tuesday, November 15, at 1:00 p.m.

The motion prevailed.

Rep. Ward moved that when the House adjourns Tuesday, November 15 it stand adjourned until Tuesday, November 22, at 1:00 p.m.

The motion prevailed.

Rep. Ward moved that when the House adjourns Tuesday, November 22 it stand adjourned until Tuesday, November 29, at 1:00 p.m.

The motion prevailed.

The Speaker, on behalf of the entire membership, offered the following resolution:

House Resolution No. 155.

A resolution honoring the immense contribution veterans of the U.S. armed services have made for our country and to our quality of life.

Whereas, November 11 is the anniversary of the Armistice which was signed in the Forest of Compiegne by the Allies and the Germans in 1918, ending World War I, after four years of conflict; and

Whereas, Veterans Day emerged from this great outpouring of relief and thanksgiving that marked the end of World War I. Americans wanted to mark the day because it was the war that would make the world safe for democracy - the war to end all wars; and

Whereas, We must never take for granted the unselfish sacrifices our veterans have made to protect the freedom and liberty we enjoy today. Veterans Day gives us a chance to honor the courage of these brave men and women. We have mourned for their pain and loss. We have held our breath waiting for wars to end. We have gratefully welcomed them home. And we have taken pride in their tremendous service; and

Whereas, As we celebrate the great contributions of our military veterans, we are aware that future United States veterans and our current members of the armed forces, are fighting for our way of life right now. In the desert and mountains of Afghanistan, and in the cities of Iraq; and

Whereas, This Legislature has tremendous gratitude and respect for veterans and all of the men and women in uniform who defend our freedom. Through the years, they have never failed to demonstrate courage, sacrifice, and a strong sense of duty. Our great nation could not exist without the sacrifice and service of our veterans, from the Revolutionary War to the present; and

Whereas, Our freedom is a living monument to our veterans. The monument is not confined to the mall in Washington, D.C., or on a plaque at the Michigan Capitol. It stretches from ocean to ocean in this great nation, and must be acknowledged at every dinner table in Michigan, even if it's not November 11; and

Resolved by the House of Representatives, That the members of this legislative body respect and honor U.S. military veterans. May we never lose sight of the fact that the human spirit will not be crushed in America or in any other country as long as we continue to be blessed with such people of courage and honor.

Pending the reference of the resolution to a committee,

Rep. Ward 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.

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Casperson, Chair, of the Committee on Conservation, Forestry, and Outdoor Recreation, was received and read:

Meeting held on: Thursday, November 10, 2005

Present: Reps. Casperson, Hildenbrand, Garfield, Nitz, Baxter, Rocca, McDowell, Sheltrown, Gillard and Espinoza

Absent: Rep. Stakoe

Excused: Rep. Stakoe

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, November 10:

House Bill Nos. 5415 5416 5417 5418 5419

Senate Bill Nos. 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882

The Clerk announced that the following Senate bills had been received on Thursday, November 10:

Senate Bill Nos. 448 624 685 686

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4572, entitled

A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," (MCL 324.101 to 324.90106) by adding section 5204a.

The Senate has concurred in the House amendment to the Senate substitute (S-5).

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4573, entitled

A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 19708 (MCL 324.19708), as added by 2002 PA 397.

The Senate has concurred in the House amendment to the Senate substitute (S-3).

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4972, entitled

A bill to amend 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," (MCL 208.1 to 208.145) by adding section 35d.

The Senate has concurred in the House substitute (H-4) to the Senate substitute (S-1) and ordered that the bill be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4980, entitled

A bill to amend 1933 PA 167, entitled "An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," by amending section 4a (MCL 205.54a), as amended by 2004 PA 173.

The Senate has concurred in the House substitute (H-4) to the Senate substitute (S-1).

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5047, entitled

A bill to amend 1984 PA 270, entitled "An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, notes and bonds of the Michigan strategic fund; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of the state; to provide penalties; and to repeal certain acts and parts of acts," by amending the title and sections 4, 5, 6, 7, and 13 (MCL 125.2004, 125.2005, 125.2006, 125.2007, and 125.2013), sections 4, 5, 6, and 13 as amended by 1987 PA 278, and by adding section 94 and chapter 8A.

The Senate has concurred in the House substitute (H-11) to the Senate substitute (S-3).

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5048, entitled

A bill to create the Michigan tobacco settlement finance authority; to create funds and accounts; to provide for the sale by this state and the purchase by the authority of all or a portion of tobacco settlement assets; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority, the state administrative board, the state treasurer, and certain other state officials and state employees; and to make appropriations and prescribe certain conditions for the appropriations.

The Senate has concurred in the House substitute (H-7) to the Senate substitute (S-2).

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5095, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending sections 3, 4, 19, and 24 (MCL 205.3, 205.4, 205.19, and 205.24), section 3 as amended by 2003 PA 92, sections 4 and 19 as amended by 2002 PA 657, and section 24 as amended by 2003 PA 201.

The Senate has concurred in the House substitute (H-3) to the Senate substitute (S-1), ordered that the bill be given immediate effect and agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5096, entitled

A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; to provide penalties; and to repeal acts and parts of acts.

The Senate has concurred in the House substitute (H-5) to the Senate substitute (S-2), ordered that the bill be given immediate effect and agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5097, entitled

A bill to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 34d (MCL 211.34d), as amended by 2005 PA 12, and by adding section 7jj.

The Senate has concurred in the House substitute (H-5) to the Senate substitute (S-2) and ordered that the bill be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5109, entitled

A bill to amend 2000 PA 489, entitled "Michigan trust fund act," by amending the title and section 2 (MCL 12.252) and by adding sections 7, 8, 9, and 10; and to repeal acts and parts of acts.

The Senate has concurred in the House substitute (H-5) to the Senate substitute (S-2), agreed to the title as amended and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5297, entitled

A bill to amend 1985 PA 227, entitled "Shared credit rating act," (MCL 141.1051 to 141.1076) by adding section 16d.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4325, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), section 17001 as amended by 1990 PA 248 and section 17501 as amended by 1990 PA 247, and by adding sections 17018 and 17518.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Senate Bill No. 448, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 226, 303d, 410, 810, 859, 871, 1105, 1701, 8321, 8322, 8344, 8507, and 8611 (MCL 600.226, 600.303d, 600.410, 600.810, 600.859, 600.871, 600.1105, 600.1701, 600.8321, 600.8322, 600.8344, 600.8507, and 600.8611), section 226 as amended by 1990 PA 185, section 303d as amended by 2004 PA 448, section 410 as added by 2002 PA 678, sections 859, 1105, and 8611 as amended by 1986 PA 308, section 1701 as amended by 1987 PA 99, section 8322 as amended by 1996 PA 388, section 8344 as amended by 1992 PA 192, and section 8507 as amended by 1994 PA 5, and by adding sections 411 and 8808; and to repeal acts and parts of acts.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Senate Bill No. 624, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 80.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Transportation.

Senate Bill No. 685, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16y of chapter XVII (MCL 777.16y), as amended by 2000 PA 279.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Senate Bill No. 686, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 552c.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Messages from the Governor

Date: November 10, 2005

Time: 1:15 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5149 (Public Act No. 199, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending sections 11701, 11702, and 11715b (MCL 324.11701, 324.11702, and 324.11715b), sections 11701 and 11702 as amended and section 11715b as added by 2004 PA 381.

(Filed with the Secretary of State November 10, 2005, at 1:24 p.m.)

Date: November 10, 2005

Time: 1:17 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4307 (Public Act No. 200, I.E.), being

An act to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2005; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

(Filed with the Secretary of State November 10, 2005, at 1:26 p.m.)

Date: November 10, 2005

Time: 1:19 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4133 (Public Act No. 201, I.E.), being

An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending section 1831 (MCL 600.1831), as amended by 1984 PA 29.

(Filed with the Secretary of State November 10, 2005, at 1:28 p.m.)

Date: November 10, 2005

Time: 1:21 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5110 (Public Act No. 202, I.E.), being

An act to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 1 (MCL 722.111), as amended by 2002 PA 696.

(Filed with the Secretary of State November 10, 2005, at 1:30 p.m.)

Date: November 10, 2005

Time: 1:25 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4968 (Public Act No. 204, I.E.), being

An act to amend 1998 PA 386, entitled "An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts," by amending sections 1104, 2301, 2519, 2908, 3715, 3804, 3919, 5202, 5204, 5217, 5301, 5308, 5423, 7401, 7502, and 7508 (MCL 700.1104, 700.2301, 700.2519, 700.2908, 700.3715, 700.3804, 700.3919, 700.5202, 700.5204, 700.5217, 700.5301, 700.5308, 700.5423, 700.7401, 700.7502, and 700.7508), sections 1104, 2519, 5202, 5204, 5301, and 5308 as amended by 2000 PA 54, sections 2301 and 3715 as amended by 2004 PA 314, section 5423 as amended by 2000 PA 469, and section 7508 as amended by 2000 PA 177.

(Filed with the Secretary of State November 10, 2005, at 1:34 p.m.)

Communications from State Officers

The following communication from the Auditor General was received and read:

November 9, 2005

Enclosed is a copy of the following audit report and/or report summary:

Financial audit of the Commercial Mobile Radio Service Emergency Telephone Fund,

Department of Treasury,

for the period October 1, 2002 through September 30, 2004

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.

Introduction of Bills

Reps. Caswell, Taub, Vander Veen, Huizenga, Tobocman, Hoogendyk, Hildenbrand and Meisner introduced

House Bill No. 5420, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2828 (MCL 333.2828).

The bill was read a first time by its title and referred to the Committee on Health Policy.

Reps. Pavlov, Pastor, Shaffer, Stahl, Jones, Steil, Gaffney, Baxter and Emmons introduced

House Bill No. 5421, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520b (MCL 750.520b), as amended by 2002 PA 714.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Pavlov, Pastor, Shaffer, Stahl, Jones, Steil, Gaffney, Baxter and Emmons introduced

House Bill No. 5422, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending sections 34 and 42 (MCL 791.234 and 791.242), section 34 as amended by 2004 PA 218.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Byrnes, Hopgood, Clack, Accavitti, Wojno, Miller, Bennett, Whitmer, Gillard, Bieda, Vagnozzi, Leland, Gaffney, Brown, Adamini, Anderson, Williams, Kolb, Angerer, Hune, Stewart, Farrah, Donigan, Green, Polidori, Gonzales, Lemmons, Jr., Alma Smith, Waters, Byrum, Dillon, Jones, Ward and Lemmons, III introduced

House Bill No. 5423, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 32d, 32l, and 37 (MCL 388.1611, 388.1632d, 388.1632l, and 388.1637), sections 11, 32d, and 37 as amended and section 32l as added by 2005 PA 155.

The bill was read a first time by its title and referred to the Committee on Appropriations.

Reps. Donigan, Vagnozzi, Farrah, Hopgood, Gillard, Clemente, Angerer, Clack, Kathleen Law, Leland, Mayes, Byrnes, Wojno, Gonzales, Kolb, Lipsey, Alma Smith, Espinoza, McDowell, Bieda, Gleason, Accavitti, Miller, Anderson, Cushingberry, Plakas, Lemmons, Jr., Polidori, Williams, Waters, Bennett, Cheeks and Lemmons, III introduced

House Bill No. 5424, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57m.

The bill was read a first time by its title and referred to the Committee on Family and Children Services.

Reps. Angerer, Hopgood, Polidori, Virgil Smith, Byrnes, Green, Clack, Donigan, Vagnozzi, Miller, Gleason, Espinoza, Bennett, Tobocman, Lipsey, Williams, Alma Smith, Waters, Kathleen Law, Gonzales, Sak, Lemmons, Jr., Kolb, Adamini, Brown, Sheltrown, Gillard, Wojno, Byrum and Lemmons, III introduced

House Bill No. 5425, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," (MCL 722.111 to 722.128) by adding section 3f.

The bill was read a first time by its title and referred to the Committee on Family and Children Services.

Reps. Elsenheimer, Jones, Gillard, Booher, Sheltrown, Hildenbrand, Pavlov, Green, Hansen and Marleau introduced

House Bill No. 5426, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 683 (MCL 168.683).

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Rep. Casperson introduced

House Bill No. 5427, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 63203 (MCL 324.63203), as added by 2004 PA 449.

The bill was read a first time by its title and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.

Reps. Gillard, Farrah, Gonzales, Proos, Tobocman, Plakas, Meisner, Dillon, Gleason and Kathleen Law introduced

House Bill No. 5428, entitled

A bill to designate an official bird of this state.

The bill was read a first time by its title and referred to the Committee on Government Operations.

Reps. Gillard, Farrah, Gonzales, Proos, Tobocman, Plakas, Meisner, Gleason and Kathleen Law introduced

House Bill No. 5429, entitled

A bill to designate certain official birds of this state.

The bill was read a first time by its title and referred to the Committee on Government Operations.

Rep. Stakoe introduced

House Bill No. 5430, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 1 to chapter XVI.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Rep. Stakoe introduced

House Bill No. 5431, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21529.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Lemmons, III, Lemmons, Jr., Tobocman, Miller, Bennett, Hopgood, Kathleen Law, Clack, Farrah, Murphy, Virgil Smith and Cushingberry introduced

House Bill No. 5432, 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.

Reps. Accavitti, Bieda, Tobocman, Farrah, Vagnozzi, Zelenko and Wojno introduced

House Bill No. 5433, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 617 (MCL 330.1617).

The bill was read a first time by its title and referred to the Committee on Health Policy.

Reps. Meisner, Ward, Anderson, Bieda, Hopgood, Kolb, Tobocman, Gleason, Miller, Zelenko, Gonzales and Byrum introduced

House Bill No. 5434, entitled

A bill to encourage colleges and universities to provide education to students on recognizing depression and other mental health disorders and preventing suicide.

The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.

______

Rep. Caul moved that the House adjourn.

The motion prevailed, the time being 5:05 p.m.

Associate Speaker Pro Tempore Elsenheimer declared the House adjourned until Tuesday, November 15, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives