No. 1
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94th Legislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Wednesday, January 10, 2007.
12:00 Noon.
Pursuant to the requirements of the Constitution, the Representatives-elect to the House of Representatives of the State of Michigan for the years 2007 and 2008, assembled in Representative Hall in the Capitol at Lansing on the second Wednesday in January, the 10th of January, 2007 at 12:00 o'clock noon, and in accordance with law, were called to order by Gary L. Randall, Clerk of the preceding House.
Reverend Dr. Michael C. Murphy, Pastor of St. Stephen's Community United Church of Christ, in Lansing, offered the following invocation:
"If I knew You and You knew me and each of us could clearly see by that inner light divine the meaning of Your life and mine, we would clasp our hands in friendliness and then we would differ less. If I knew You and You knew me.
Great God Almighty who sits high and looks low, Lord we come on this designated day. We come first Lord to say 'Thank You'. Thank You for bringing us all here today for the 94th Legislative Session of the Michigan House of Representatives. Lord we thank You for every member gathered here today and their families. We thank You Lord for the confidence and the trust that the people of the great state of Michigan have placed on these individuals who will represent our state here in the House of Representatives. Lord, I pray that You would bless each and everyone. Lord, that You would open upon to the members of this House of Representatives strength where there is weakness, light where there is darkness. That You would open unto them joy for their sorrows and love for any biases that there might be. Lord, we ask Your blessing this day that these members would trust in You and lean not to their own understanding but in all their ways acknowledge You. Lord we know that You will direct their path. Lord, we ask especially Your blessings upon the leadership upon this great House of Representatives. Lord, we ask especially for our Speaker Andy Dillon, for our Floor Leader Steve Tobocman and others who will serve in a leadership capacity. Lord, let Your wisdom be upon them. Lord give them a spirit of discernment, a spirit of fairness and Lord, increase their leadership capacity so that they may lead this great body. Then Lord, we pray that they would all be mindful of the words of the prophet Micah, who said 'we should do justice, love mercy and walk humbly.' Let this spirit be upon this chamber. Finally Lord, let them do their best by filling their minds and meditating on things that are true, things that are noble, things that are reputable, things that are authentic, compelling and gracious. Let them be about the best and not the worst. Let them be about the beautiful and not the ugly. Let them be about things to praise and not things to curse. Lord, let them put into practice what they have learned and what they have heard, what they have seen and what they have realized. Lord, we know that if they do their best You will do the rest and Lord we know that You make everything work together for good for those who love You. Let the words of my mouth and the meditations of my heart be acceptable in Your sight. O Lord, our strength and our Redeemer bless this great House of Representatives and Lord, let them do the peoples' work and we will give You the praise forever. We pray in Your great name, Amen."
Communications from State Officers
December 8, 2006
The Honorable Gary Randall
Clerk of the House of Representatives
State Capitol Building
Lansing, Michigan 48909
Dear Mr. Randall:
Enclosed, please find a certified listing of the candidates elected to the office of State Representative at the November 7, 2006 general election. A copy of the official returns certified for the election is also provided for your reference.
Please do not hesitate to contact this office if we can be of any further assistance.
Sincerely,
Christopher M. Thomas
Director of Elections
United States of America
THE STATE OF MICHIGAN
DEPARTMENT OF STATE
I, Terri Lynn Land, Secretary of State and Custodian of the Great Seal of the State of Michigan, certify that the persons named on the attached listing were duly elected at the November 7, 2006 general election to the office of State Representative for a term commencing on January 1, 2007 and ending January 1, 2009, as shown by the official returns certified for the election and placed on file in this office.
[SEAL] In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State at the Capitol, in the City of Lansing.
December 8, 2006
Terri Lynn Land
Secretary of State
State of Michigan
General Election - November 7, 2006
Representatives Elect
State Legislature
House
District Party Name Address
1 REP Edward J. Gaffney 283 Kenwood Court, Grosse Pointe Farms 48236
2 DEM Lamar Lemmons, Jr. 14157 Fairmount Drive, Detroit 48206
3 DEM Bettie Cook Scott 4828 Three Mile Drive, Detroit 48224
4 DEM Coleman A. Young 1495 Sheridan, Detroit 48214
5 DEM Bert Johnson 36 Eason Street, Highland Park 48203
6 DEM Marsha G. Cheeks 2295 Longfellow, Detroit 48206
7 DEM Virgil Smith 19450 Gloucester, Detroit 48203
8 DEM George Cushingberry, Jr. 18201 Cherrylawn, Detroit 48221
9 DEM Shanelle Jackson 19413 Burt Road, Detroit 48219
10 DEM Gabe Leland 19403 West Warren Apt. #2, Detroit 48228
11 DEM Morris W. Hood, III 8872 Cloverlawn, Detroit 48204
12 DEM Steve Tobocman PO Box 9746, Detroit 48209-9746
13 DEM Barbara A. Farrah 15442 Kennebec, Southgate 48195
14 DEM Ed Clemente 1704 Riverbank, Lincoln Park 48146
15 DEM Gino H. Polidori 22950 Park, Dearborn 48124
16 DEM Bob Constan 5527 Heather Lane, Dearborn Heights 48125
17 DEM Andy Dillon 26284 Graham Road, Redford Township 48239
18 DEM Richard LeBlanc 36267 Canyon Drive, Westland 48186
19 REP John R. Pastor 18723 Vanderhaven, Livonia 48152
20 DEM Marc R. Corriveau 324 East Main Street, Northville 48167
21 REP Philip J. LaJoy 1256 Crowndale Lane, Canton 48188
22 DEM Hoon-Yung Hopgood PO Box 25, Taylor 48180
23 DEM Kathleen Law 29866 Lowell, Gibraltar 48173
24 REP Jack Brandenburg 37596 Huron Pointe, Harrison Township 48045
25 DEM Steven Bieda 32721 Valley Drive, Warren 48093
26 DEM Marie Donigan 503 Poplar Avenue, Royal Oak 48703
27 DEM Andy Meisner 582 East Drayton, Ferndale 48220
28 DEM Lisa Wojno 27314 Larose, Warren 48093
29 DEM Tim Melton 2285 Snellbrook, Auburn Hills 48326
30 REP Tory Rocca 12481 Starlite Court, Sterling Heights 48312
31 DEM Fred Miller 162 Riverside Drive, Mount Clemens 48043
32 REP Daniel J. Acciavatti 49839 Miller Court, Chesterfield 48047
33 REP Kim Meltzer 20585 Leelanau Trail, Clinton Township 48038
34 DEM Brenda J. Clack 3120 Helber Street, Flint 48504
35 DEM Paul Condino 21170 Winchester, Southfield 48076
36 REP Brian Palmer 11070 West Gates Road, Romeo 48065
37 DEM Aldo Vagnozzi 26193 Kiltartan, Farmington Hills 48334
38 REP Craig M. DeRoche 44685 Ludlow, Novi 48337
39 REP David Law 8627 Cooley Lake Road #308, Commerce Twp 48382
40 REP Chuck Moss 1184 Dorchester, Birmingham 48009
41 REP Marty Knollenberg 198 East Big Beaver, Troy 48083
42 DEM Frank Accavitti, Jr. 15506 South Park, Eastpointe 48021
43 REP Fran Amos 4079 Aquarina, Waterford 48329
44 REP John P. Stakoe PO Box 763, Highland 48356
45 REP John Garfield 1347 Ruby Avenue, Rochester Hills 48309
46 REP James Marleau 3181 Sandoval, Lake Orion 48360
47 REP Joe Hune PO Box 919, Hamburg 48139
48 DEM Richard E. Hammel 6343 Clovis Avenue, Flushing 48433
49 DEM Lee Gonzales 2460 Murphy Road, Flint 48504
50 DEM Ted Hammon 3240 Eastgate Street, Burton 48519
51 REP David B. Robertson 5511 Wakefield Road, Grand Blanc 48439
52 DEM Pam Byrnes 17381 North M-52, Chelsea 48118
53 DEM Rebekah Warren 234 8th Street, Ann Arbor 48103
54 DEM Alma Wheeler Smith 5540 Five Mile Road, South Lyon 48178
55 DEM Kathy Angerer PO Box 157, Dundee 48131
56 DEM Kate Ebli PO Box 2141, Monroe 48162
57 DEM Dudley Spade PO Box 157, Tipton 49287
58 REP Bruce Caswell 8940 East Bacon Road, Hillsdale 49242
59 REP Rick Shaffer 19958 Crescent Beach, Three Rivers 49093
60 DEM Robert B. Jones PO Box 2046, Kalamazoo 49003
61 REP Jack Hoogendyk 8607 West R, Kalamazoo 49009
62 REP Mike Nofs PO Box 219, Battle Creek 49016
63 REP Lorence Wenke 2525 North 30th Street, Kalamazoo 49048
64 DEM Martin J Griffin 705 S Grinnell, Jackson 49203
65 DEM Mike Simpson 2600 Lindsey Road, Jackson 49201
66 REP Chris Ward 815 Rickett Road #2, Brighton 48116
67 DEM Barb Byrum PO Box 27344, Lansing 48909
68 DEM Joan Bauer 1821 Moores River Drive, Lansing 48910
69 DEM Mark S. Meadows 244 Lexington, East Lansing 48823
70 REP Judy Emmons 506 East Carson City Road, Sheridan 48884
71 REP Rick Jones 2982 East St. Joseph Highway, Grand Ledge 48837
72 REP Glenn Steil, Jr. 4828 Green Hill Court S.E., Grand Rapids 49546
73 REP Tom Pearce 5530 Sunfish Lake, Rockford 49341
74 REP David Agema 3299 Tomahawk, Grandville 49418
75 DEM Robert Dean PO Box 6861, Grand Rapids 49516
76 DEM Michael G. Sak 236 Valley Avenue N.W., Grand Rapids 49504-5480
77 REP Kevin J. Green 4754 Karel Jean Court S.E., Wyoming 49519
78 REP Neal Nitz PO Box 148, Baroda 49101
79 REP John Proos 2695 Hillview Lane, St. Joseph 49085
80 REP Tonya Schuitmaker 29924 60th Avenue, Lawton 49065
81 REP Phillip J. Pavlov 1577 South Allen Road, St. Clair Township 48079
82 REP John Stahl 3790 Five Lakes Road, North Branch 48461
83 DEM John Espinoza 121 Wells Street, Croswell 48422
84 DEM Terry L. Brown PO Box 75 107 Clara Street, Pigeon 48755
85 REP Richard J. Ball 5370 West Garrison Road, Laingsburg 48848
86 REP Dave Hildenbrand 2700 Timpson Avenue S.E., Lowell 49331
87 REP Brian N. Calley 10198 Butler Road, Portland 48875
88 REP Fulton Sheen 352 12th Street, Plainwell 49080
89 REP Arlan B. Meekhof 9128 Oak Creek Lane, West Olive 49460
90 REP Bill Huizenga 45 Sanford St, Zeeland 49464
91 DEM Mary Valentine PO Box 421, Muskegon 49443
92 DEM Doug Bennett 2339 Windy Ridge Dr, Muskegon 49442
93 REP Paul E. Opsommer 315 East Main, Dewitt 48820
94 REP Kenneth B. Horn 1 Sunburst Court, Frankenmuth 48734
95 DEM Andy Coulouris PO Box 2005, Saginaw 48605
96 DEM Jeff Mayes 4297 Zander Drive, Bay City 48706
97 REP Tim Moore PO Box 865, Farwell 48622
98 REP John Moolenaar PO Box 2244, Midland 48641
99 REP Bill Caul PO Box 384, Mt. Pleasant 48804-0384
100 REP Goeff Hansen PO Box 167, Hart 49420
101 REP David Palsrok 2051 12th Street, Manistee 49660
102 REP Darwin L. Booher PO Box 971, Evart 49631
103 DEM Joel A. Sheltrown PO Box 443, West Branch 48661
104 REP Howard Walker PO Box 1508, Traverse City 49685
105 REP Kevin A. Elsenheimer PO Box 114, Bellaire 49615
106 DEM Matt Gillard 2997 Lakewood Dr, Alpena 49707
107 DEM Gary McDowell 10820 Glen Street, Rudyard 49780
108 REP Tom Casperson PO Box 84, Escanaba 49829
109 DEM Steven Lindberg 1911 West Fair Avenue, Marquette 49855
110 DEM Michael A. Lahti 913 Quincy Street, Hancock 49930
The roll of the House was called by the Clerk-elect, who announced that all of the Representatives-elect were present except Reps. Bieda, Cushingberry and Caul.
Oath of Office
The Representatives-elect appeared at the Clerk's desk and took and subscribed the constitutional oath of office, which was administered by Gary L. Randall, Clerk of the House of Representatives.
The Clerk announced that the first business in order was the selection of seats in accordance with the Statute.
The Statute having been read, the members in the order or their total length of service in the House selected seats as their names were called by the Clerk-elect. Savina Mucci and Kennedy R. Wojno drew numbers for the selection of seats for members as provided, by Statute, all seats being selected as follows:
1--Brian N. Calley 56--Steve Tobocman
2--David Agema 57--Andy Dillon
3--Marty Knollenberg 58--George Cushingberry, Jr.
4--Brian Palmer 59--Brenda J. Clack
5--Craig M. DeRoche 60--Richard E. Hammel
6--Chris Ward 61--Ted Hammon
7--James Marleau 62--Michael G. Sak
8--Chuck Moss 63--Kathy Angerer
9--Phillip J. Pavlov 64--Fred Miller
10--Daniel J. Acciavatti 65--Aldo Vagnozzi
11--David Palsrok 66--Bob Constan
12--Kevin A. Elsenheimer 67--Tim Melton
13--Tonya Schuitmaker 68--Bert Johnson
14--Tory Rocca 69--Frank Accavitti, Jr.
15--Kim Meltzer 70--Shanelle Jackson
16--John Garfield 71--Andy Meisner
17--John Proos 72--Mike Simpson
18--Rick Shaffer 73--Alma Wheeler Smith
19--Kevin J. Green 74--Rebekah Warren
20--Dave Hildenbrand 75--Joan Bauer
21--Neal Nitz 76--Hoon-Yung Hopgood
22--Arlan B. Meekhof 77--Kathleen Law
23--Judy Emmons 78--Lee Gonzales
24--Jack Hoogendyk 79--Dudley Spade
25--Kenneth B. Horn 80--Mark S. Meadows
26--Tom Casperson 81--Andy Coulouris
27--Bill Huizenga 82--Richard LeBlanc
28--Richard J. Ball 83--Virgil Smith
29--Paul E. Opsommer 84--Morris W. Hood, III
30--Fran Amos 85--Gino H. Polidori
31--David Law 86--Gabe Leland
32--Philip J. LaJoy 87--Robert B. Jones
33--Jack Brandenburg 88--Martin J Griffin
34--John R. Pastor 89--Ed Clemente
35--Howard Walker 90--Marsha G. Cheeks
36--Darwin L. Booher 91--Bettie Cook Scott
37--Goeff Hansen 92--John Espinoza
38--David B. Robertson 93--Terry L. Brown
39--Lorence Wenke 94--Marie Donigan
40--Tom Pearce 95--Coleman A. Young
41--Barbara A. Farrah 96--Barb Byrum
42--John Moolenaar 97--Lisa Wojno
43--Bill Caul 98--Robert Dean
44--Fulton Sheen 99--Doug Bennett
45--Bruce Caswell 100--Mary Valentine
46--Glenn Steil, Jr. 101--Steven Lindberg
47--Rick Jones 102--Michael A. Lahti
48--Jeff Mayes 103--Gary McDowell
49--John P. Stakoe 104--Pam Byrnes
50--Tim Moore 105--Matt Gillard
51--Mike Nofs 106--Lamar Lemmons, Jr.
52--Edward J. Gaffney 107--Kate Ebli
53--Joe Hune 108--Paul Condino
54--John Stahl 109--Steven Bieda
55--Joel A. Sheltrown 110--Marc R. Corriveau
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Tobocman and Ward offered the following resolution:
House Resolution No. 1.
A resolution prescribing the Standing Rules of the House of Representatives.
Resolved by the House of Representatives, That the following rules be adopted as the Standing Rules of the House of Representatives:
STANDING RULES
OF THE
HOUSE OF REPRESENTATIVES
IN ACCORDANCE WITH THE MICHIGAN CONSTITUTION
ARTICLE IV, SECTION 16
CHAPTER I
GENERAL PROVISIONS
Meetings, Officers and Quorum.
Rule 1. (1) The House shall meet in regular session at the seat of government on the second Wednesday in January of each year at twelve o'clock noon. In each odd-numbered year, it shall proceed with its organization, the election of a Speaker, a Speaker Pro Tempore, and four Associate Speakers Pro Tempore from its membership, and a Clerk for the ensuing term of the Legislature. All elections shall be by roll call and shall require a majority of the Members voting to elect.
(2)A majority of the Members elected to and serving in the House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and not less than 15 Members voting in favor thereof may compel the attendance of absent Members and prescribe penalties for non-attendance. (See Const 1963, Art 4 §§ 13 and 14)
Admission to Floor--Defined.
Rule 2. (1) No person shall be admitted on the floor of the House for a period of 30 minutes immediately preceding the time set for any call to order during any session of the House through adjournment, except as follows:
(a)Representatives and Senators;
(b)Former Legislators, unless otherwise restricted;
(c)Sergeants at arms, pages, and Clerk's staff who are specifically designated to be working on the House floor during session;
(d)Executive directors and the Governor's legislative liaisons who have obtained and are wearing in plain sight appropriate identification passes, issued under guidelines developed by the Majority Floor Leader;
(e)Immediate family of Representatives who have obtained and are wearing in plain sight appropriate identification passes, issued under guidelines developed by the Majority Floor Leader;
(f)Legislative staff who have obtained and are wearing in plain sight appropriate identification passes, issued under guidelines developed by the Majority Floor Leader;
(g)Media correspondents accredited by the Clerk of the House who are wearing in plain sight appropriate identification passes, issued under guidelines developed by the Clerk. Media correspondents shall not use the center aisle or be at the Members' desks during roll call votes; and
(h)Such other persons as may be invited by the Speaker.
(2)No group or individual shall be allowed access to the floor when the House is not in session unless permission is granted by the Majority Floor Leader or Clerk. The Majority Floor Leader and Clerk shall issue guidelines to ensure that guests using the floor are responsible for costs incurred by the House. If permission is given to a Member to bring guests on the floor when the House is not in session, the Member shall accompany the guests.
(3)Only Members shall sit in Members' chairs. Members may have not more than one member of their immediate family seated near the Member's desk during session. All other immediate family members shall be seated in an area designated by the Majority Floor Leader.
(4)Any person who is a lobbyist or employed by a lobbyist shall not be admitted on the floor of the House at any time. The words "floor of the House," when used in these rules, shall mean the space of the main floor of Representative Hall, together with adjacent rooms on the second floor of the Capitol under the jurisdiction of the Clerk, including the Democrat and Republican caucus rooms and the corridor behind the House rostrum.
(5)Guests may be introduced only by permission of the Presiding Officer after the House has been called to order and before the attendance roll call has been concluded. Guests are to use the center aisle only if being escorted by a Member or House staff.
(6)Use of the center aisle should be kept at a minimum.
(7) The Majority Floor Leader must grant approval for the distribution of items on the floor. All printed material intended for distribution on the floor shall be clearly identified by the Member requesting the distribution.
Bar of the House.
Rule 3. (1) Any Member, having answered attendance roll call at the opening of any session, or who enters after attendance roll call, shall be considered present until leave of absence is obtained from the House. Any Member having entered upon the floor of the House after the House has been called to order, shall be considered present if within the bar of the House.
(2)The words "within the bar of the House," when used in these rules, shall mean the space occupied and used by the House or any committee or other legislative room or office under the jurisdiction of the Clerk.
(3)A Member may only use a cell phone on the floor when at his or her desk. Cell phones on the floor shall not ring audibly.
CHAPTER II
OFFICERS
SPEAKER
Definitions.
Rule 4. Speaker is any Member elected as Speaker under Rule 1 of these rules.
Duties as Presiding Officer.
Rule 5. The Speaker, or the designee of the Speaker, shall take the Chair each day at the hour to which the House shall have adjourned or recessed. The Presiding Officer shall call the House to order and lead the Members in reciting the Pledge of Allegiance and, except in the absence of a quorum, shall proceed to business in the manner prescribed by these rules.
Rule 6. (1) The Presiding Officer shall preserve order and decorum; may speak to points of order, rising for that purpose; and shall decide questions of order, subject to an appeal to the House. When two or more Members rise at once, the Presiding Officer shall name the Member who is first to speak.
(2) Only the Presiding Officer shall lead the House in observing a moment of silence.
Duties of Speaker as Chief Administrator.
Rule 7. (1) Payment to all persons, authorized under paragraphs (2), (3), and (4) to expend House funds for transportation, lodging, meals, registration fees and related items, shall be made in accordance with expenditure regulations as predetermined and prepublished to Members by the Speaker. The regulations shall set forth the guidelines for amounts, methods of payment and time of payment for such items. The Speaker may revise the regulations upon 15-day notice to all Members.
(2)The Speaker may authorize persons to make expenditures from the general funds of the House for administrative purposes. The Speaker may enter into contracts for the purchase and payment of benefits affecting employees, Members of the House, retirees and their successors in interest.
(3)Regular standing committees of the House shall be allotted such funds as the Speaker may authorize. The Speaker may restrict selected expenditures to a lesser number of Members, alternates or substitute Members, than the number of Members of the standing committee. The funds may be expended for items specified in paragraph (1) and for contractual services, publications and supplies. All expenditures under this paragraph shall be approved by the committee Chair and the Speaker and for items specified in paragraph (1) shall be in accordance with the regulations and guidelines provided for by paragraph (1).
(4)Additional committees may be authorized by resolution. The resolutions shall set the maximum budget of such committees. Members, alternates and substitute Members of such additional committees shall be appointed by the Speaker unless otherwise specified in the resolution. The Speaker may restrict selected expenditures to a lesser number of Members, alternates or substitute Members than the number of Members specified in the resolution. Budgeted funds may be expended for items specified in paragraph (1), for contractual services, publications, supplies and any other items specified in the resolution. Payments for contractual services may be authorized by the committee Chair and the Speaker. All expenditures under this paragraph for items specified in paragraph (1) shall be in accordance with the regulations and guidelines provided for by paragraph (1).
Appointments by the Speaker.
Rule 8. The Speaker shall appoint all committees, except where the House shall otherwise order. If the Speaker makes permanent or temporary additions to or removals from any standing or special committee, the names and the appointments or removals shall be published in the House Journal prior to their taking effect, except when the House is adjourned or in recess, in which case the addition or appointment or removal shall appear in the next House Journal.
Appointment of Employees by Speaker.
Rule 9. Except as otherwise provided in these rules, the Speaker, or the Speaker's designee, shall appoint all employees of the House. The compensation for all employees and officers of the House shall be fixed by the Speaker, or the Speaker's designee. All employees of the House shall maintain a status as non-tenured, at-will employees. All employees of the House work at the pleasure of the Speaker, or the Speaker's designee, shall be subject to the Speaker's, or the Speaker's designee's, orders, and may be transferred to a different position, demoted, suspended, or summarily removed by the Speaker, or the Speaker's designee.
Naming of Acting Speaker.
Rule 10. The Speaker, may, by filing a written notice with the Clerk, appoint any Member to perform the duties of the Presiding Officer, but not for a longer time than one day without leave of the House. Such notice shall be spread upon the House Journal.
Voting.
Rule 11. The Speaker and Presiding Officer may vote on all elections and on all questions.
Putting the Question.
Rule 12. (1) The Presiding Officer shall pose all questions to the Members. If in doubt the Presiding Officer may order a division of the House. A division of the House may be had on the demand of ten Members. A roll call of the House may be demanded by one-fifth of the Members present (see Const 1963, Art 4 § 18) on any pending question and in such case the record of the votes and names of the voting Members shall be entered in the House Journal.
(2)When a division of the House is ordered, the voting board shall be used, and the Clerk shall announce the vote and the Presiding Officer shall declare the result. On a tie vote the question shall be deemed as lost. A majority of those voting shall decide any question unless otherwise provided.
Recognition During Roll Call.
Rule 13. (1) After a question has been stated by the Presiding Officer, and the calling of the roll has been started by the Clerk, the Presiding Officer shall not recognize a Member for any purpose, until after the announcement of the vote by the Clerk except:
(a)To raise a point of order;
(b)To request an excuse for another Member;
(c)To announce intent not to vote for reason of potential conflict of interest; and
(d)To request that the board be cleared.
(2)The Clerk shall enter upon the House Journal the names of those voting "aye" and the names of those voting "nay". Roll calls shall be consecutively numbered in the House Journal.
SPEAKER PRO TEMPORE
Powers and Duties.
Rule 14. (1) In the absence of the Speaker, the Speaker Pro Tempore shall preside over the House, unless the Speaker shall have designated another Member to preside.
(2)In the absence of the Speaker and the Speaker Pro Tempore, an Associate Speaker Pro Tempore shall preside over the House, unless the Speaker shall have designated another Member to preside.
(3)In the absence of a designated Presiding Officer, the Clerk shall preside and if a quorum is present may designate a temporary Presiding Officer of the same party as the Speaker.
CLERK
Roll Call.
Rule 15. The Clerk shall serve as parliamentarian of the House. The Clerk shall take the roll at the opening of each session of the House and announce whether or not a quorum is present. The Clerk shall enter upon the House Journal the names of the Members present for attendance roll call, the names of the Members specifically excused from session, and the names of the Members absent from session. The term "roll call" as used in these rules shall mean a record roll call.
Conduct of Religious Exercises.
Rule 16. The Clerk shall arrange for a Member to offer an invocation which will not exceed 2 minutes in length at the opening of each session of the House. This invocation shall be general in nature. For special occasions, the Clerk may arrange for religious services as needed.
Publication and Correction of House Journal.
Rule 17. (1) The Clerk shall make up and complete the House Journal, supervise its daily publication, and make corrections. The Clerk is authorized to correct totals that may have been affected by amendments made to appropriations bills.
(2) The House Journal is the only official record of the proceedings of the House.
House Calendar.
Rule 18. The Clerk shall prepare and make available to each Member each session day a list of the business under each order of business.
Printing, Announcement of Printing and Enrollment of Bills.
Rule 19. The Clerk shall ensure the printing or reproduction of all bills, acts or documents ordered printed or reproduced by the House. The Clerk shall announce each day the numbers of all bills and joint resolutions which have been printed or reproduced and placed upon the files of the Members, and the numbers of House bills which have been enrolled and presented to the Governor.
Responsibility for Care of Bills; Presentation of Enrolled Bills to Governor.
Rule 20. The Clerk shall be responsible for the care and preservation of each bill introduced into the House, and for each bill received from the Senate up to the time of its return to that body. This responsibility shall only be relieved by a receipt from a person when the bill passes from his or her possession. The Clerk may be authorized by a motion to enroll a House bill while the House is not in session if that bill has passed both houses and no action is pending. The Clerk shall notify the House of such action on the next House legislative day. When a bill has been finally passed by the two houses, the Clerk shall present to the Governor an enrolled copy thereof, taking a receipt showing the day, hour and minute at which such copy was deposited in the executive office.
Appointment of Assistants.
Rule 21. The Clerk shall, with the consent of the Speaker, appoint an Assistant Clerk and other assistants. All assistants of the Clerk and employees of the House assigned to the Clerk's office shall maintain a status as non-tenured, at-will employees. All assistants and employees of the House assigned to the Clerk's office work at the pleasure of the Clerk and Speaker, shall be subject to the orders of the Clerk and Speaker, and may be transferred to a different position, demoted, suspended, or summarily removed by the Clerk or Speaker.
Accreditation of News Media.
Rule 22. (1) The Clerk shall receive the applications of all members of the news media. Persons desiring to be accredited as official media correspondents at the two-year session shall file a written application with the Clerk. When issuing credentials, the Clerk shall instruct the media person as to conduct on the House floor.
(2)Members of the press corps shall comply with all House rules and guidelines and shall, while on the House floor during session, display credentials at all times.
Responsibility for Care of House and Televising House Session.
Rule 23. (1) The Clerk shall exercise supervisory care and control of the Hall of the House of Representatives and all House rooms and equipment assigned to the office of the Clerk. The Clerk shall, upon prior written authorization by the Speaker, provide for repairs and alterations in the House Chambers and the connected rooms and corridors and their furniture and equipment.
(2)The Clerk shall be responsible for televised coverage of House session and committee meetings.
(3)As directed by the Speaker, the Clerk shall enter into contractual agreements for rental of House facilities.
Incapacity of Clerk.
Rule 24. In case of the inability of the Clerk to perform the duties of that office, the Assistant Clerk shall be charged with the responsibility of the Clerk and shall perform the Clerk's duties. In case a vacancy exists in the office of Clerk, the Assistant Clerk shall assume the Clerkship and perform the duties of Clerk until a successor has been elected.
Notices in Cases of Extra Sessions.
Rule 25. Whenever the Legislature shall be called to meet in extraordinary session or in case of emergency, the Clerk shall notify Members and staff of the date and time of convening.
SERGEANT AT ARMS
Definitions.
Rule 26. The Sergeant at Arms shall be the chief police officer of the House and shall be appointed by the Speaker. Under the direction of the Speaker, the Clerk shall supervise and direct the work of the Sergeant at Arms and Assistant Sergeants at Arms, and may commission the Sergeant at Arms and Assistant Sergeants at Arms, who meet the certification requirements of this state, as law enforcement officers with the powers provided under the Legislative Sergeant at Arms Police Powers Act. (See MCL 4.381 - 4.382)
Powers and Duties.
Rule 27. The Sergeant at Arms shall have charge, under the direction of the Clerk, of the Assistant Sergeants at Arms and pages, and control of all police, safety and security regulations. The Sergeant at Arms shall have authority to serve subpoenas and warrants issued by the House or any duly authorized officer or committee, or cause the same to be done by one of the Assistant Sergeants at Arms, or a duly authorized agent. The Sergeant at Arms shall see that all visitors are seated and at no time are standing on the floor or balconies of the House. The Sergeant at Arms shall ensure that reasonable decorum is maintained in the lobby immediately in front of the entrance to Representative Hall to ensure access for Representatives and to ensure equal treatment for all citizens.
CHAPTER III
MEMBERS
Conduct in Debate.
Rule 28. Members shall confine remarks to the question under debate and avoid personalities and reference by name.
Members Called to Order.
Rule 29. If any Member in speaking transgresses the rules of the House, the Presiding Officer shall, or any Member may, call the transgressor to order, in which case the Member so called to order shall immediately sit down and shall not rise unless to explain or proceed in order.
VOTING
Voting by the Electronic Roll Call System.
Rule 30. (1) When taking the ayes and nays on any question, the electronic roll call system may be used, and shall have the same force and effect as a roll call taken as otherwise provided in these rules.
(2)When the House is ready to vote upon any question requiring a roll call, and the vote is to be taken by the electronic roll call system, the Presiding Officer shall state the question to the Members. The Presiding Officer shall inform Members that the board is open to record their votes. When sufficient time has been allowed the Members to vote, the Presiding Officer shall direct the Clerk to close the board. Any Member can vote or change his or her vote after the board has been closed by rising and, when recognized by the Presiding Officer, announcing his or her vote before the result of the vote has been announced by the Clerk. After a sufficient time has passed to allow late voting, the Presiding Officer shall direct the Clerk to tally, display and announce the vote. The Clerk shall record the vote in the House Journal.
(3)No Member shall vote for another Member, nor shall any person not a Member cast a vote for a Member. In addition to such penalties as may be prescribed by law, any Member who shall vote or attempt to vote for another Member may be punished in such manner as the House may determine. If a person not a Member votes or attempts to vote, that person shall be barred from the floor of the House for the remainder of the session and may be further punished in such manner as the House may deem proper.
(4)Any vote shall be taken by the ayes and nays and entered upon the House Journal on request of one-fifth of the Members present. (See Const 1963, Art 4 § 18)
Vote Explanations.
Rule 31. (1) A Member may dissent from and protest against any act, proceeding or resolution which the Member deems injurious to any person or the public, and have the reason for dissent, referred to as a "no vote explanation", printed in the House Journal. (See Const 1963, Art 4 Sec 18)
(2)If a Member desires to abstain from voting because of a potential conflict of interest, the Member may rise, announce his or her intent not to vote, and reserve the right to explain the abstention. The Member shall be granted the right to have the explanatory statement printed in the House Journal. To be printed in the House Journal, the abstention from voting explanation shall be submitted to the Clerk.
(3)No vote explanations or explanations of abstention from voting shall not be substantively edited by the Clerk before publication in the House Journal.
Conduct.
Rule 32. (1) No person shall pass between the Presiding Officer and a Member who has the floor.
(2)The Members shall keep their seats until the Majority Floor Leader announces that no further voting will occur or the Presiding Officer announces that the House is adjourned.
CHAPTER IV
COMMITTEES
STANDING COMMITTEES
Names and Number of Members.
Rule 33. (1) All standing committees shall be appointed by the Speaker, except where the House shall otherwise order.
(2) The standing committees of the House and the number of Members shall be as follows:
(a) Agriculture (11)
(b) Appropriations (29)
(c) Banking and Financial Services (9)
(d) Commerce (19)
(e) Education (23)
(f) Energy and Technology (19)
(g) Ethics and Elections (8)
(h) Families and Children's Services (9)
(i) Government Operations (9)
(j) Great Lakes and Environment (15)
(k) Health Policy (18)
(l) Insurance (17)
(m) Intergovernmental, Urban and Regional Affairs (11)
(n) Judiciary (15)
(o) Labor (11)
(p) Military and Veterans Affairs and Homeland Security (9)
(q) New Economy and Quality of Life (7)
(r) Oversight and Investigations (5)
(s) Regulatory Reform (9)
(t) Senior Health, Security, and Retirement (9)
(u) Tax Policy (17)
(v) Tourism, Outdoor Recreation and Natural Resources (11)
(w) Transportation (17)
(3) Statutory Standing Committees:
(a) Administrative Rules (5)
(b) House Fiscal Agency (6)
(c) Legislative Council (6)
(d) Legislative Retirement (4)
(e) Michigan Capitol Committee (4)
(4) The House Journal shall report the roll call on all motions to report bills, resolutions and reorganization orders. (See Const 1963, Art 4 § 17)
(5) Committees shall adopt a meeting schedule at the commencement of each term which shall be printed in the House Journal. Additional meetings may be called by the Chair or by a majority of the Members in writing to the Clerk. The Chair may cancel any scheduled meeting, except one called by a majority of the Members, by notice to the Members.
Uniform Committee Rules.
Rule 34. (1) Committees and subcommittees shall operate under the rules of the House and the uniform committee rules which shall be published in the House Journal. The Clerk of the House shall assign committee clerks with the approval of the respective committee Chairs. Duties of committee clerks shall be prescribed by the Clerk.
(2) Special committees shall operate under the same rules as standing committees insofar as practical. Conference committees on House bills shall meet at a place assigned by the Clerk.
(3) All committees will operate under the following rules and other uniform committee rules as determined and published by the Speaker:
(a) A quorum of a committee shall consist of a majority of the Members appointed and serving;
(b) Members of standing committees may not check in for a committee meeting and leave their vote. Members of committees may only cast a vote if they are present at the meeting during the vote;
(c) It shall require an affirmative vote of a majority of the Members appointed to and serving on a committee in order to:
(i) Report a bill or resolution out of committee
(ii) Recommend an amendment to a bill or resolution
(iii) Reconsider a vote to report a bill or resolution from committee
(d) Provided a quorum of a committee is present, it shall require an affirmative vote of a majority of the Members voting in order to:
(i) Table a bill or resolution
(ii) Take a bill or resolution from the table
(iii) Reconsider a vote, other than in subdivision (c)(iii)
(e) It shall require an affirmative vote of a majority of the Members voting in order to:
(i) Postpone action on a bill or resolution
(ii) Recess
(iii) Adjourn a meeting
(f) The chair of a standing committee shall determine the agenda for a committee meeting; and
(g) The chair of a standing committee may create subcommittees and shall designate what is to be considered by each subcommittee. The chair of the standing committee shall designate a chair of the subcommittee and shall appoint Members to each subcommittee.
(4) The Speaker may designate additional Members to serve on any subcommittee of a standing committee as voting members who do not serve on the full committee.
(5) Subcommittees shall follow the same rules as standing committees.
(6) Meetings or public hearings of committees may be scheduled outside of Lansing with prior written approval of the Speaker. Subcommittees must have the prior written approval of the chair of the standing committee and the Speaker in order to conduct a public hearing or meeting outside of Lansing.
(7) All meetings or public hearings of committees or subcommittees shall comply with the following procedures in order to assure public access (See Const 1963, Art 4 §§ 16 and 17):
(a) All meetings or public hearings shall be open to the public and accessible;
(b) The right of any person to attend a meeting or public hearing includes the right to tape-record, videotape, and/or broadcast live;
(c) The right of any person to attend a meeting or public hearing may not be conditioned on prior approval of, or notice to, the committee or subcommittee;
(d) All decisions of a committee or subcommittee shall be made at a public meeting;
(e) The right of a person to attend a meeting or public hearing shall not be limited by a requirement that she or he register or otherwise provide his or her name or other identifying information;
(f) A person shall not be excluded from a meeting or public hearing of a committee or subcommittee except for a breach of the peace or in order to protect the health and safety of persons in attendance at the meeting;
(g) A rescheduled or a special meeting of a committee or subcommittee shall be posted at least 18 hours before the scheduled meeting time. No committee or subcommittee shall remain in session or stand in recess beyond the hour of 12:00 midnight; and
(h) Notice of committee or subcommittee meetings or public hearings shall include notice that individuals needing special services to fully participate in the meeting or public hearing may contact the committee or subcommittee chair to request the necessary assistance.
(8) Each committee shall have written minutes prepared of each meeting. The minutes shall include the date, time, place, Members present, Members absent, Members excused, and any decisions which were made. The minutes shall also include all roll call votes taken at the meeting. The proposed minutes of a meeting shall be available for inspection by the public within 8 working days of the meeting. Minutes shall be approved by the committee at the next meeting. Approved minutes shall be available for public inspection no later than 5 working days after approval.
(9) Committees may excuse a Member from attending a committee meeting.
(10) Committees shall not meet during a session of the House without the consent of the House.
(11) There shall be no smoking during a meeting of a standing committee or a subcommittee.
(12) To the extent practical, special committees shall follow the same rules as standing committees of the House.
(13) With approval of a majority of the Members appointed and serving on the committee, a committee may adopt additional rules provided they do not conflict with the Uniform Standing Committee Rules or with the Standing Rules of the House.
(14) A motion for previous question is not in order.
Chair of Committee.
Rule 35. The first named Member of any committee shall be the Chair, and the second named Member shall be Vice-Chair. In the absence of both the Chair and Vice-Chair the next named Member of the Majority party in attendance shall act as Chair. The Chair or any Member of the committee may place under oath or affirmation any person who appears to testify before the committee.
Government Operations Committee and Auditor General Reports.
Rule 36. The Government Operations Committee shall receive and may review all reports presented by the Legislative Auditor General. Regardless of the actions of the Government Operations Committee, any committee may review any report.
Subpoena Power.
Rule 37. The right of a special or standing committee to subpoena shall be granted by resolution of the House in accordance with Mason's Manual of Legislative Procedure current edition. The vote on adoption of a subpoena power resolution shall be by record roll call vote. The votes of a majority of the Members elected and serving shall be required for adoption. The right to subpoena shall not be granted to subcommittees.
Reports of Committees.
Rule 38. (1) A committee may recommend amendments, a substitute, or referral to another committee, with or without recommendation as to passage.
(2)Substitute bills reported by the committee shall include all adopted amendments and shall be prepared by the Legislative Service Bureau. A majority of the Members serving on a committee shall be necessary to report a bill out of the committee. A majority of the Members appointed to a committee and serving shall constitute a quorum. Minority reports shall not be permitted or received by the House. Bills reported without recommendation as to passage shall lie on the table.
(3)All bills favorably reported back to the House shall be referred to second reading together with amendments recommended by the standing committee. If more than one standing committee has considered a bill, the amendments recommended by each committee shall be considered in the chronological order of committee consideration and the report of the last committee to consider the bill shall contain the amendments recommended by the previous committees.
Public Hearings.
Rule 39. A committee may provide for a public hearing on any bill referred to that committee. Notice of such hearing, its subject, time and place, shall be given in writing to the Clerk of the House who shall announce the hearing to the House, publish it in the House Journal and in the House calendar and post it on the bulletin board designated by the Clerk for the posting of such notices.
CHAPTER V
TRANSACTION OF BUSINESS
Order of Business.
Rule 40. (1) The order of business of the House shall be as follows, unless otherwise ordered by the House:
(a) Motions and Resolutions;
(b) Announcement by the Clerk of Printing and Enrollment;
(c) Reports of Select Committees;
(d) Reports of Standing Committees;
(e) Messages from the Senate;
(f) Third Reading;
(g) Second Reading;
(h) Notices;
(i) Messages from the Governor;
(j) Comments and Recommendations;
(k) Explanation of "No" Votes;
(l) Communications from State Officers;
(m) Introduction of Bills;
(n) Announcements by the Clerk; and
(o) Presentation of Petitions.
(2) Routine business on which no vote of the House is required may be disposed of on any day, with or without a quorum present. If a quorum is not present, any item of business becoming the subject of a floor motion shall be postponed to the next legislative day.
(3) The business of the House shall not be delayed or interrupted by speeches by nonmembers, presentations, awards, ceremonies or musical programs.
BILLS
Introduction.
Rule 41. (1) All bills to be introduced shall be approved as to form and numbering of sections by the Legislative Service Bureau and be signed by the Member introducing them. Ten copies of each shall be delivered to the office of the Clerk not later than 3 hours prior to calling the House to order. The Clerk shall number bills in the order of receiving, and present the same to the House at the next session of the House. All bills shall be introduced in typewritten or printed form.
(2)Once a bill has been turned in to the Clerk's office for introduction, up to 3 hours prior to calling the House to order, a Member may add his or her signature as a co-sponsor only with the permission of the sponsor.
(3)No person may add or remove any signature, other than his or her own, from a bill being introduced.
(4)The Speaker shall refer all bills and joint resolutions to a standing committee no later than one House legislative day after being submitted to the Clerk.
(5)The Speaker may change the original referral of a bill or resolution by written communication submitted to the Clerk before the end of session on the next House legislative day following the day of the original referral. Notices of the written communication shall be announced by the Clerk during session and shall be printed in the Journal.
Order of Consideration.
Rule 42. (1) The order to be taken by bills introduced in the House shall be as follows:
(a) Notice of introduction;
(b) Introduction, first reading of title, order printed or reproduced and reference to a standing committee designated by the Speaker;
(c) Report by the committee and placing on Second Reading;
(d) Consideration of Second Reading in order of reference;
(e) Third Reading and vote on passage;
(f) Transmission to Senate if passed;
(g) Returned by the Senate, and, if not amended by the Senate, reference to the Clerk for enrollment printing; if amended by the Senate, laying over one day, and consideration under the same order of business (Messages from the Senate); and (if amendments are concurred in) reference to the Clerk for enrollment printing; and
(h) Report by Clerk of enrollment printing and presentation to the Governor. Senate bills shall, as far as possible, take the same course as House bills.
(2) All joint resolutions proposing amendments to the Constitution shall take the same course as bills and shall be identified by letter, i.e., "A", "B", "C", etc.
(3) Nothing in these rules shall prevent a majority of the Members elected to and serving in the House from discharging a committee from further consideration of any measure. (See Const 1963, Art 4 § 16) A notice of one session day shall be given of a motion to discharge any such committee, the notice to be in writing and entered upon the House Journal. If a committee of the House is discharged from further consideration of a bill, the bill shall be placed on the order of Second Reading.
Reading.
Rule 43. (1) Every bill shall be read three times in the House before its final passage. (See Const 1963, Art 4 § 26) The first and second readings may be by its title only; the third reading may be by its title unless there is a motion to read the bill in full supported by 1/3 of Members voting.
(2)No bill shall be passed or become a law at any regular session until it has been printed or reproduced and in the possession of the House for at least five days. (See Const 1963, Art 4 § 26)
(3)The Speaker or his or her designee may direct that a bill be printed or reproduced out of order.
Commitment and Amendment.
Rule 44. No bill shall be referred to a committee until it has been read a first time. No bill shall be altered or amended on its passage through the House so as to change its original purpose as determined by its total content and not alone by its title. (See Const 1963, Art 4 § 24)
Referral to Second Reading.
Rule 45. All bills reported favorably by any committee of the House shall be referred to the order of SecondReading. Such bills shall be kept on file in the order of referral for consideration, and the file shall be called "Second Reading".
Second Reading.
Rule 46. When the House is under the order of "Second Reading" it shall consider the bills in the order of referral or such order as may be determined by a majority of those voting. Appropriation bills shall be considered an exception to this rule and shall be placed at the head of the calendar for that order each day and shall be given preference in printing and reproduction over other bills.
Second Reading Amendment.
Rule 47. (1) Under the order of Second Reading, bills shall be read a second time by their title. Committee recommendations, including amendments and substitutes, shall be considered first. Amendments to committee substitutes or committee amendments shall not be considered until such committee substitutes or amendments have been adopted by the House. Amendments offered from the floor shall be submitted to the Clerk and shall be approved as to form by the Clerk before consideration.
(2)When a substitute is offered, amendments to the proposed substitute shall not be considered before the proposed substitute is adopted. A substitute is an amendment that replaces all of the language in a bill or resolution.
(3)A bill may be advanced to the order of Third Reading by a vote of a majority of the Members voting. Such motion shall take precedence following the motion to amend.
Amendment; Vote.
Rule 48. No bill shall be amended prior to its Second Reading. Bills which have been considered on Second Reading shall be advanced to the order of Third Reading, either by motion and concurrence of a majority of the Members voting or in the absence of objection. Bills shall be subject to all subsidiary motions on Third Reading. Amendments offered on Third Reading shall not be considered, nor printed in the House Journal, unless seconded by a majority of the Members voting. Amendments on Second or Third Reading shall require a majority of the Members elected and serving for adoption. This requirement shall apply to amendments in the first and second degree and no further degree shall be permitted. A substitute shall be considered an amendment in the first degree.
Third Reading.
Rule 49. (1) Bills may not be considered for final passage without having been considered on Second Reading. Bills considered on Second Reading may be placed on Third Reading for immediate passage by motion and concurrence of a majority of the Members elected and serving.
(2)Bills failing of passage are subject to reconsideration and if reconsidered are subject to consideration on the order of Third Reading.
Amendment; Co-sponsors.
Rule 50. After an amendment has been turned into the Clerk, a Member may not add his or her name as a co-sponsor without the approval of the sponsor.
Majority Vote on Bills.
Rule 51. (1) No bill shall become a law without the concurrence of a majority of the Members elected to and serving in the House. On the final passage of bills, the votes and names of the Members voting thereon shall be entered in the House Journal. (See Const 1963, Art 4 § 26)
(2)After a House bill has been passed, or upon final action on a House bill returned from the Senate, a Member may add his or her name as a co-sponsor to a bill with the approval of the sponsor.
Extraordinary Vote Requirements.
Rule 52. (1) Action by the House on any of the following matters shall require the vote of two-thirds of the Members elected and serving:
(a) Expulsion of Member (See Const 1963, Art 4 § 16);
(b) Immediate Effect (See Const 1963, Art 4 § 27);
(c) Local or Special Act (See Const 1963, Art 4 § 29);
(d) Private or Local Purpose Appropriation (See Const 1963, Art 4 § 30);
(e) Overriding Veto or Line Item Veto (See Const 1963, Art 4 § 33);
(f) Bank and Trust Company Laws (See Const 1963, Art 4 § 43);
(g) Create Courts of Limited Jurisdiction (See Const 1963, Art 6 § 1);
(h) Removal of Judges (See Const 1963, Art 6 §25);
(i) Long Term State Borrowing (See Const 1963, Art 9 § 15);
(j) State Land Reserve Designation (See Const 1963, Art 10 § 5);
(k) Rejection or Reduction of Civil Service Pay Increases (See Const 1963, Art 11 § 5);
(l) Constitutional Amendment (See Const 1963, Art 12 § 1);
(m) Exceed Revenue Limits (See Const 1963, Art 9 §27); and
(n) Mackinac Bridge Bonds Refunding (See Const 1963, Schedule § 14).
(2) Action by the House on any of the following matters shall require the vote of three-fourths of the Members elected and serving:
(a) Any law which increases the February 1, 1994, statutory limits on the maximum amount of ad valorem property taxes that may be levied for school district operating purposes (See Const 1963, Art 9 § 3); and
(b) Amendment or Repeal of Initiated Law (See Const 1963, Art 2 § 9).
Title; Object; Reference to Compiler's Sections.
Rule 53. No bill shall embrace more than one object, which shall be expressed in its title. No bill shall be altered or amended on its passage through the House so as to change its original purpose as determined by its total content and not alone by its title. (See Const 1963, Art 4 § 24) If the bill proposes any amendment to existing laws, the sections of which have been assigned compiler's section numbers in the last general compilation or public acts, the title shall contain also a reference to the compiler's sections.
MOTIONS AND RESOLUTIONS
IN GENERAL
Stating Motions.
Rule 54. When a motion is made, and when necessary under the rules, seconded, it shall be stated by the Presiding Officer; or, if in writing, it shall be read aloud by the Clerk before being debated.
Reduced to Writing.
Rule 55. The Presiding Officer may require that a motion be submitted in writing. The motion shall be entered upon the House Journal, together with the name of the Member making it, unless withdrawn upon request of the Member making it and by a majority vote of those voting, or ruled out of order by the Presiding Officer.
When in Possession; Withdrawal.
Rule 56. After a motion has been stated by the Presiding Officer, or read by the Clerk, it shall be deemed to be in the possession of the House, but may be withdrawn at any time before decision or amendment upon request of the Member making it and by a majority vote of those voting.
Precedence of Motions.
Rule 57. (1) When a question is under debate, no motion shall be received except:
(a) To adjourn;
(b) To take a recess;
(c) To reconsider;
(d) To lay on the table;
(e) For the previous question;
(f) To postpone to a day certain;
(g) To commit;
(h) To amend; and
(i) To postpone indefinitely.
(2) Such motions shall take precedence in that order, and shall be decided by a majority vote of those Members voting, except the motion to postpone indefinitely and the motion to amend shall be decided by a majority vote of the Members elected and serving. When a recess is taken with a question pending, the consideration of the question shall be resumed upon reassembling unless otherwise determined. No motion to postpone to a day certain, or to commit, being decided shall be again allowed on the same day and at the same stage of the question. A motion to postpone indefinitely having been decided shall not be subject to reconsideration. When a bill is up for consideration at any stage of procedure, and a motion is made to postpone indefinitely, or to strike out all after the style clause, amendments shall be in order before taking a vote on any such motion.
Always in Order; Not Debatable.
Rule 58. (1) The following motions are not debatable:
(a) Adjourn;
(b) Call of the House;
(c) Recess;
(d) Previous Question;
(e) Table or take from the table; and
(f) Decision of Presiding Officer unless an appeal is taken.
(2) The following motions are debatable but do not open the main question to debate:
(a) Commit;
(b) Discharge a committee;
(c) Postpone to a time certain; and
(d) Suspension of the Rules.
Order of Putting Questions.
Rule 59. All questions shall be put in the order they were moved, except in the case of privileged questions.
Amendments to be Germane.
Rule 60. No independent or new proposition or new question shall be introduced under color of an amendment. All amendments must be germane to the main question. When the question of germaneness is raised, the Presiding Officer shall rule on the question.
Division of Question.
Rule 61. Any Member may call for a division of the question, and if supported by a majority vote of the Members voting, the question shall be divided if its components are so distinct that if one is taken away a substantive proposition shall remain. A motion to strike out and insert shall be deemed indivisible.
MOTIONS FOR THE PREVIOUS QUESTION
Method of Ordering.
Rule 62. (1) The method of ordering the previous question shall be as follows: Any Member may move the previous question, and the motion shall apply to the pending question only. If the motion is seconded by at least ten Members, the Presiding Officer shall put the question of whether the main question shall be put. After the seconding of the motion for the previous question and prior to ordering the same, a Call of the House may be moved and ordered, but after ordering the previous question nothing shall be in order prior to the decision of the pending question, except:
(a) Demands for the ayes and nays;
(b) Points of order;
(c) Appeals from the decision of the Presiding Officer; and
(d) A motion to adjourn or to take a recess, which shall be decided without debate.
(2) The effect of the previous question shall be to put an end to all debate and bring the House to a direct vote upon the pending question. If the House shall refuse to order the pending question, the consideration on the subject shall be resumed. No protest may be entered under the previous question.
MOTION TO RECONSIDER
Motions for Reconsideration.
Rule 63. Any Member may move for a reconsideration of any question on the same legislative session day. Reconsideration of the vote by which a bill passed the House, or any proposition requiring a vote in excess of a majority of Members elected and serving for adoption, shall require a majority of the Members elected and serving. The motion to reconsider shall not be renewed the same day. A motion to reconsider any question shall not be subject to any subsidiary motion except to postpone for the day. The question of passing a bill the objections of the Governor notwithstanding shall not be reconsidered more than twice..
Notice of Reconsideration.
Rule 64. A notice of intention to move for a reconsideration of any bill may be given by any member with the support of 1/3 of the members elected and serving, which shall be immediately announced by the Clerk, spread upon the House Journal, and the bill shall be retained by the Clerk of the House until after the time expires during which under Rule 63 the motion can be made, either by the Member serving such notice or by any other Member. Notice of intention shall not be in order on the day preceding a recess of one week or more, unless supported by two-fifths of the Members shown to be present by the House Journal entries, or at a time which would prevent passage of the bill. No other Members may move for reconsideration on the same day that notice of intention to move for a reconsideration is given.
MOTIONS FOR CALLS OF THE HOUSE
Ordering Calls of the House.
Rule 65. Calls of the House may be ordered upon motion by a majority of the Members present but the total vote in favor of such Call shall not be less than fifteen in number. A motion for a Call of the House shall not be entertained after the previous question is ordered.
Procedure.
Rule 66. After a Call of the House is ordered, the doors shall be closed and the Members shall not be allowed to leave the floor of the House without permission of the Speaker or the Speaker's designees. The roll of the House shall be called by the Clerk. The Sergeant at Arms may be dispatched after the absentees. In such case a list of the absentees shall be furnished by the Clerk to the Sergeant at Arms, who shall deliver such absentees at the bar of the House with all possible speed. In case the Sergeant at Arms shall require assistance in addition to the regularly appointed Assistant Sergeants at Arms of the House, during an authorized Call of the House, the Speaker or Presiding Officer may, upon motion, deputize any person properly qualified, including any member of the Michigan State Police, as a special assistant Sergeant at Arms. The House may proceed to business under a Call of the House pending the arrival of any absentees.
APPEALS
Form of Question.
Rule 67. On all appeals from the decisions of the Presiding Officer, the question shall be decided by a majority vote of those voting, by a roll call vote. A tie vote sustains the judgment of the Presiding Officer.
Tabling Appeals.
Rule 68. An appeal may be laid on the table but shall not carry with it the subject matter before the House at the time such appeal is taken.
Amendment or Suspension of Rules.
Rule 69. (1) Any rule of the House may be amended by a majority vote of the Members elected and serving. No rule shall be amended unless the amendment is in writing and in possession of the House five days prior to its consideration. A rule may be suspended by a vote of three-fifths of the Members shown to be present by the House Journal entries.
(2)Suspension of the rules as applied to matters pertaining to order of business, schedule of legislative sessions and adjournment may be by a majority vote of the Members elected and serving.
Practice.
Rule 70. In all cases not provided by the Constitution, the House Rules, or the Joint Rules of the Senate and House of Representatives, the authority shall be Mason's Manual of Legislative Procedure - most current edition.
House and Concurrent Resolutions.
Rule 71. Every resolution, both House and Concurrent, shall be read to the House, if not otherwise provided for, and shall be referred by the Speaker to a committee, or by the Presiding Officer to a committee designated by the Speaker unless under suspension of the rules immediate consideration is ordered. Resolutions of sorrow may be considered immediately upon presentation. All resolutions reported to the House by any standing committee shall not be eligible for consideration until the next legislative session day. The adoption of any concurrent resolution approving any intertransfer or transfer of any appropriation shall be by record roll call vote.
CHAPTER VI
PUBLIC ACCESS
FINANCIAL RECORDS
Access to Financial Records.
Rule 72. (1) The financial records of the House of Representatives shall be open for public inspection. Upon a written request which describes the financial record sufficiently to enable the House of Representatives to find the financial record, a person has a right to inspect, copy, or receive copies of that financial record of the House of Representatives. Documents shall be available for inspection during normal business hours.
(2) A copy of the House financial records shall be on file with the House Business Office, which shall have overall authority to administer the House financial records under the direction of the Speaker of the House.
(3) As used in this section, "financial record" means a budget, contract, purchase order, an expenditure authorization, voucher, check, warrant, lease, audit report, balance sheet, travel voucher, or allotment account.
(4) The following information contained in legislative financial records is exempt from disclosure under this rule:
(a) Information of a personal nature contained in financial records where the public disclosure of the information would constitute a clearly unwarranted invasion of an individual's privacy. Such information would include, but not be limited to, the following:
(i) An employee's social security account number, financial institution record, electronic transfer fund number, deferred compensation, savings bonds, W-2 and W-4 forms, and any court-enforced judgments.
(ii) An employee's health care benefit selection.
(iii) Telephone bill detail including the telephone number and name of individual called.
(iv) Unemployment Compensation and Workers' Disability Compensation records.
(b) Records and information specifically described and exempted from disclosure under statute or subject to attorney-client privilege;
(c) A bid or proposal by a person to enter into a contract or agreement, until the time for the public opening of bids or proposals, or if a public opening is not to be conducted, until the time for the receipt of bids or proposals has expired;
(d) Commercial or financial information or trade secrets voluntarily provided to the House of Representatives;
(e) Communications, notes, and electronic data within the House of Representatives or between the Legislature and other public bodies of an advisory nature; and
(f) Internet - use records.
(5) The House of Representatives may charge a reasonable fee for providing a copy of a financial record. The fee shall be limited to actual mailing costs and to the actual incremental cost of duplication or publication including labor, the cost of search, examination, review, and the deletion of exempt from nonexempt information.
(6) The House of Representatives may also charge a reasonable fee for providing for the inspection of financial records. This fee may include the actual incremental cost of supervising the inspection including labor, the cost of search, examination, review, and the deletion of exempt from nonexempt information.
Televising of House Session.
Rule 73. (1) Nothing in these rules shall prohibit the televising of sessions or committee meetings of the Michigan House of Representatives.
(2) The televised coverage of sessions and committee meetings of the Michigan House of Representatives by House television shall be made available for dissemination, pursuant to subsection (4).
(3) All televised coverage of House session and committee meetings shall be unedited.
(4) No portion of the coverage (either live or taped) authorized pursuant to subsection (2) may be utilized in any fashion for campaign or political purposes or to promote or oppose a ballot issue or the candidacy of any person for any elective office. Only accredited news organizations, educational institutions, and non-profit public affairs documentary programs may utilize any portion of the House television feed. No part of the House television feed may be used in any paid commercial advertisements.
CHAPTER VII
Personal Privilege and Conduct.
Rule 74. (1) Matters involving personal privilege are limited and include only the following:
(a) Anything tending to subject a Member to ridicule or contempt;
(b) Charges in news media accounts relating to a Member in his or her representative capacity only;
(c) News media accounts attributing to a Member remarks he or she has not made;
(d) Accusation by another Member in debate of intentional misrepresentation;
(e) Assault on a Member for words spoken in debate; and
(f) Arrest of a Member except for treason, felony or breach of the peace.
(2) A Member shall not use his or her position in any manner to solicit or obtain anything of value for himself or herself, House employees or any other Member which tends to influence the manner in which the Member performs his or her official duties.
(3) Sexual harassment of Members or House employees is prohibited and will not be tolerated by the House.
(4) A Member shall not convert for personal, business and/or campaign use, unrelated to House business, any supplies, services, facilities, or staff provided by the State of Michigan. This includes, but is not limited to, telephones, telecopy machines, computers, postage, and copy machines.
(5) A Member shall not solicit or accept any type of campaign contribution in any House facility or building.
Expungement of Records and Petitions.
Rule 75. (1) Any Member may dissent from and protest against any act, proceeding or resolution which he or she deems injurious to any person or the public and have the reason for such dissent entered in the House Journal. Any matter may be expunged from the record as not being privileged by order of the House by a majority of the Members elected and serving. When any matter is ordered expunged from the record, as above provided, no mention shall be made of the same, nor of the action of the House in ordering such expungement.
(2)No memorial, remonstrance or petition, except recount petitions, shall be printed in the House Journal without having been read to the House and ordered printed in the House Journal by a majority vote.
(3)Written or verbal remarks made under the order of business of Comments and Recommendations shall not be printed in the House Journal except for remarks regarding departing Members.
QUALIFICATIONS OF MEMBERS
Oath of Office.
Rule 76. Upon objection by any Representative or Representative-elect, no Representative-elect shall be given the oath of office or be permitted to be seated as a Member if he or she has previously been convicted of any election law violation which contributed to his or her election to the House of Representatives, subversion or has within the preceding 20 years been convicted of a felony involving a breach of public trust. (See Const 1963, Art 4 § 7) Upon a finding by a majority vote of the Members elected and serving in the House that the offense committed by such Representative-elect is within the provisions of this rule, that person shall be declared to be not qualified for membership in the House, and the office shall be declared vacant. The question of a Member's qualifications shall be presented only by a Member.
CHAPTER VIII
Equally Divided House.
Rule 77. If at any time during the Ninety-fourth legislative session, there are 55 Members duly elected and serving as Democrats as evidenced by the party he or she represented on the general or special election ballot from which he or she was elected to the Ninety-fourth legislative session, and 55 Members duly elected and serving as Republicans as evidenced by the party he or she represented on the general or special election ballot from which he or she was elected to the Ninety-fourth legislative session, then the House of Representatives shall proceed with the election of a Speaker and other officers provided for in Rule 1 by at least 56 votes.
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
______
The Clerk announced that the next business in order was the election of a Speaker.
Rep. Meisner placed in nomination the name of Rep. Dillon.
Rep. Tobocman moved that Rule 75 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Tobocman moved that the following remarks be printed in the Journal.
The motion prevailed.
Rep. Meisner:
"Thank you Mr. Clerk, and good afternoon colleagues, guests, and citizens of Michigan.
I rise to nominate Andy Dillon for Speaker of the House, so that he may unite this historic body, Democrats and Republicans alike, around the critical goal of building a stronger and more prosperous Michigan together.
Michigan faces great challenges. We are in a time of transformation and great economic need, yet this is also a time for investment in our human and physical infrastructure.
It is during times like these that we must turn away from a poisonous, partisan past and offer Michigan a new direction. We must look forward to new and creative approaches to rejuvenating Michigan, while not forgetting the lessons learned by those who came before us.
As Speaker of the House, Andy Dillon will help guide this transition.
Andy Dillon has demonstrated the spirit of unity needed in a Speaker. If Governor Granholm was the architect of the 21st Century Jobs Fund, then Andy Dillon was the contractor. He brought together both sides of the aisle to craft legislation to kick Michigan's new economy into gear. His varied and impressive professional experience affords him great insight into the challenges facing Michigan and our economy.
Andy's actions have already sent the signal that this will be a different House of Representatives; one that treats all legislators and their respective constituents equally. Under Speaker Dillon, ours will be a House where the best ideas will rise to the top, regardless of whether their sponsor's name is followed by a 'D' or an 'R'.
Take it from me, Andy Dillon is a tenacious fighter. But even in the heat of battle, his easy and unassuming demeanor provides a calming influence on a process that is all too vulnerable to ego and emotion, and all too fractured by partisan excess.
Andy's challenge is to bring together Republican and Democrat, conservative and liberal, labor and business, wealthy and the poor, urban and rural, and people of all faiths, ethnicities and backgrounds to create one House of Representatives, in furtherance of one Michigan.
I wish him luck, and pledge my full support, as I'm sure every member of this body does today. I also thank and acknowledge Andy's family: his wife Carol and his children Matt, Jack, Austin and Teagan, for sharing him with us at such an important time for our state.
Mr. Clerk, it is my honor and privilege to nominate Andy Dillon as Speaker of the Michigan House of Representatives".
Rep. DeRoche seconded the nomination of Rep. Dillon.
Rep. DeRoche:
"Thank you Mr. Clerk.
As the outgoing leader of this distinguished chamber, it is with a strong sense of commitment and pride in this institution that I second the nomination of the honorable Andy Dillon of Redford to serve as Speaker of the House.
Today has always been a day to celebrate with friends and family, no matter our party or philosophical stripes. And it is in that spirit that I am proud to present a united front for the people of this state that this body, its members and its leaders, are ready to work together to get our state back on track.
It was my hope two years ago to transform the more passive role this body had played in leading our state. In the past, particularly since the onset of term limits, this chamber too often found itself as the final rubber stamp on policy negotiated outside these walls.
Our voice was limited. Our role diminished. And I believe our constituents paid a price.
We have begun to change that role and redefine the expectations and the impact we will have as Representatives in the people's House. This is a responsibility that is not confined to an individual member, a specific party or a single ideology. This is a charge that is incumbent upon all of us to keep as elected members of this body.
I believe it is essential, as the chamber and institution closest to the people that we continue to assert our role as a force for oversight, a force for change and reform, and a force for policy that puts our people to work and gets our state moving.
Despite the likely disagreements over policy and legislation that will undoubtedly surface throughout the next twoyears, it is my hope that we can unite under the common purpose of continuing to make the people's House a catalyst for change.
Representative Dillon, you have my commitment to that end. And it is with that, I proudly second your nomination to serve as Speaker of the Michigan House of Representatives."
______
Rep. Cushingberry entered the House Chambers.
The question being on the election of a Speaker,
The roll of the House was called by the Clerk and the members voted as follows:
Roll Call No. 1 Yeas--107
Accavitti Donigan LaJoy Polidori
Acciavatti Ebli Law, David Proos
Agema Elsenheimer Law, Kathleen Robertson
Amos Emmons LeBlanc Rocca
Angerer Espinoza Leland Sak
Ball Farrah Lemmons Schuitmaker
Bauer Gaffney Lindberg Scott
Bennett Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Green McDowell Sheltrown
Brown Griffin Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Byrum Hammon Meisner Smith, Virgil
Calley Hansen Melton Spade
Casperson Hildenbrand Meltzer Stahl
Caswell Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Dillon Lahti Pearce
Nays--0
The Clerk announced that Rep. Dillon, having received a majority vote of the members present and voting, was duly elected Speaker of the House of Representatives.
The Chair named as a committee to conduct the Speaker to the Chair, Reps. Angerer, Byrnes, Condino, Hood and Huizenga.
______
The Speaker assumed the Chair.
Rep. Dillon:
"Thank you.
Welcome Members, family and guests to the opening ceremony of the 94th Session of the Michigan House of Representatives. Thanks for joining us here today.
First I would like to thank each of the Members of this body for putting their trust in me to serve as the next Speaker. I am honored and humbled and commit to serve you and the residents of our great state to the best of my ability.
I also want to thank those of my colleagues that encouraged me to pursue leadership and those of you that helped me get here today. I could not have done it without you. Thank you.
I also want to thank my family, my wife Carol, my sons Matt, Jack, Austin and my daughter Teagan. Thank you for letting me serve and for the sacrifices you have made to accommodate me. I want you to know how much I regret missing family dinners, parent/teacher conferences and soccer, basketball and baseball games, and Teagan's gymnastic events. Carol, thank you. Matt, Jack, Austin and Teagan, thank you.
I want to thank my mother and father who I am blessed to have with us here today. Thanks Mom and Dad for all you have done to prepare me for this day. I also want to thank my mother in law, Mary. Thank you for all the love and support you provide my family.
I'm not the only one. All of the other legislators in this chamber are also supported by families that have worked hard and made sacrifices to accommodate their loved one's needs to serve the public.
I want to take the privilege this position offers to ask all of the family members of each Representative to stand so that we can thank you for allowing us to serve and for the sacrifices you all have made. Please stand so that the Members of this body can honor and thank you.
As I stand here, I can vividly recall the first day I walked into the Capitol as a newly elected representative. My thoughts were of my Irish immigrant grandparents. I thought how very proud they would be to know that their grandson was chosen to serve in the legislature, to be part of the establishment rather than to be afraid of it. It was a very powerful emotion; one that never left me during my first two years of service and remains with me today.
As we sit in this chamber, I also reflect on the reasons why my grandparents and your grandparents came to this country. They came here for opportunity, for freedom, and for a better tomorrow. Unfortunately, some had to fight for freedom after they arrived.
The beauty of this chamber and the history of this institution are also a tremendous source of inspiration. Unfortunately, while sitting in this chamber during my first term I saw partisanship run amok and threaten the very foundation of this institution and everything our ancestors fled from and fought for. No agendas were produced prior to session, members of the minority party seeking to speak on an issue were not recognized, and, even worse, members out in the seats were not allowed to see the details of legislation before their votes had to be cast. I promise you that will never happen during my tenure as Speaker. Agendas will be published, every member will be recognized and everyone will be allowed to read a bill or an amendment before they have to vote on it. No exceptions!
This is the peoples' House. It belongs to them. We are only caretakers. The voters told us a couple of things last November. (1) we weren't getting the job done; and (2) stop the partisan bickering. They said they want their leaders to address the problems threatening the state and middle class. As a result, the people put together the House we see before us today. It's what they wanted.
Never before in our lifetime has Michigan confronted so many challenges. Even in the late 1970's and early 1980's when the state's unemployment, inflation and interest rates were far worse than today, there was always an understanding that when the nation's economy bounced back, so would we, and that opportunities to join and expand the middle class would be preserved. Now, as the Big Three struggle, thousands of our family, friends and neighbors are getting laid off and the new global economy threatens the middle class and our way of life, it's not clear that the next generation of Michiganders will enjoy the quality of life that ours has. The greatest challenge for policymakers today is how do we maintain a middle class? With all the advances in technology and the productivity that follows with it, how do we protect and create good-paying jobs, preserve the middle class, and maintain a decent standard of living that allows anyone who works hard and plays by the rules to succeed? That is the number one challenge of the public servants of the 21st century, and therefore it is ours.
Now, what are some of the challenges facing Michigan and her middle class? We have spiraling healthcare costs, a K-12 system that is not giving the next generation the tools they need to compete, increasing costs of higher education, a looming energy shortage resulting from our current regulatory system and a state that's fiscal house is not in order. We are facing a budget shortfall this current fiscal year in excess of $500 million and next year's is in excess of $3billion. Bottom line: We have a lot of work to do.
For this reason, we scheduled tentative session days on Mondays much to the chagrin of many lobbyists. We did this in anticipation of the looming budget crisis and the need for us to roll up our sleeves and get to work immediately.
We must move quickly to protect Michigan's middle class by 1) expanding access to affordable health care, 2)strengthening education, 3) fixing the state's structural deficit, 4) addressing Michigan's energy needs, and 5)making Michigan a magnet for 21st Century Jobs by creating a tax structure that rewards investment in our state.
The people elected us to get the job done, not to advance personal or partisan agendas. With great power comes great responsibility and also great opportunity. We can make a commitment right here and right now to lay the framework for a Michigan that we can be proud of. One where you can pursue a rewarding career that pays a wage that allows you to house, clothe and feed your family, get a world-class education, access to affordable healthcare, the arts and recreation.
Of course, there are people who don't think we can do this. In their eyes, we're nothing but politicians. Nothing but a House full of politicians. I disagree. I say that we're a room full of public servants. I challenge each of you to ask yourself: Who do you serve? What will you do that's going to bring about a positive change in Michigan? We're all going to hold each other accountable, and day by day, we're going to make Michigan the state that we know it can be.
None of these goals can be met unless we employ a bipartisan approach. My friends, the problems faced by the State of Michigan are all of our enemies. If we are truly bipartisan, then our two parties will band together as a unit and focus our energies on overcoming our challenges. We can change the way we and others think about government. From the U.P. to Detroit, to Grand Rapids to Flint, we can unite for the sake of Michigan to fight for our objectives together. The collection of diversity and talent in this room is more than a match for the challenges facing Michigan if we work together.
Let us leave here today committed that we are going to serve the people that sent us here. Let us all commit to work so that when we return to our districts we can look each resident in the eye and say that we looked out for you today, we did what was right for you and we are all going to be better off tomorrow for what we here in the House did for you today.
God Bless Michigan and God Bless America. Thank you."
Reps. Tobocman and Ward offered the following resolution:
House Resolution No. 2.
A resolution to provide for officers of the House of Representatives for the Ninety-fourth Legislature.
Resolved by the House of Representatives, That the following members are elected to the following offices of the House of Representatives for the Ninety-fourth Legislature:
Michael Sak--Speaker Pro Tempore
Pam Byrnes--Associate Speaker Pro Tempore
Barbara Farrah--Associate Speaker Pro Tempore
Matthew Gillard--Associate Speaker Pro Tempore
Shanelle Jackson--Associate Speaker Pro Tempore
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 2 Yeas--107
Accavitti Donigan LaJoy Polidori
Acciavatti Ebli Law, David Proos
Agema Elsenheimer Law, Kathleen Robertson
Amos Emmons LeBlanc Rocca
Angerer Espinoza Leland Sak
Ball Farrah Lemmons Schuitmaker
Bauer Gaffney Lindberg Scott
Bennett Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Green McDowell Sheltrown
Brown Griffin Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Byrum Hammon Meisner Smith, Virgil
Calley Hansen Melton Spade
Casperson Hildenbrand Meltzer Stahl
Caswell Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Dillon Lahti Pearce
Nays--0
In The Chair: Dillon
Reps. Tobocman and Ward offered the following resolution:
House Resolution No. 3.
A resolution to provide for the Clerk of the House of Representatives for the Ninety-fourth Legislature.
Resolved by the House of Representatives, That Richard J. Brown is elected to the office of Clerk of the House of Representatives for the Ninety-fourth Legislature.
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 3 Yeas--108
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Agema Elsenheimer Law, David Proos
Amos Emmons Law, Kathleen Robertson
Angerer Espinoza LeBlanc Rocca
Ball Farrah Leland Sak
Bauer Gaffney Lemmons Schuitmaker
Bennett Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Cheeks Hood Miller Stakoe
Clack Hoogendyk Moolenaar Steil
Clemente Hopgood Moore Tobocman
Condino Horn Moss Vagnozzi
Constan Huizenga Nitz Valentine
Corriveau Hune Nofs Walker
Coulouris Jackson Opsommer Ward
Cushingberry Johnson Palmer Warren
Dean Jones, Rick Palsrok Wenke
DeRoche Jones, Robert Pastor Wojno
Dillon Knollenberg Pavlov Young
Nays--0
In The Chair: Dillon
Reps. Tobocman and Ward offered the following resolution:
House Resolution No. 4.
A resolution fixing the hour for daily sessions.
Resolved, That unless otherwise ordered, the daily sessions of the House of Representatives commence on Monday, Tuesday, and Wednesday at 1:30 p.m. and on Thursday at 10:30 a.m.
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Tobocman and Ward offered the following resolution:
House Resolution No. 5.
A resolution directing the Clerk to notify the Governor that the House of Representatives has assembled and is ready to proceed with the business of the session.
Resolved, That the Clerk of the House is hereby directed to notify the Governor that the House of Representatives has convened pursuant to the requirements of the Constitution and is ready to proceed with the business of the session.
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Tobocman and Ward offered the following resolution:
House Resolution No. 6.
A resolution directing the Clerk to notify the Senate that the House of Representatives has assembled and is ready to proceed with the business of the session.
Resolved, That the Clerk of the House is hereby directed to notify the Senate that the House of Representatives has convened pursuant to the requirements of the Constitution and is ready to proceed with the business of the session.
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Tobocman and Ward offered the following concurrent resolution:
House Concurrent Resolution No. 1.
A concurrent resolution prescribing the Joint Convention Rules for the Legislature.
Resolved by the House of Representatives (the Senate concurring), That the following be and are hereby adopted as the Joint Convention Rules of the House of Representatives and the Senate:
JOINT CONVENTION RULES OF THE
HOUSE OF REPRESENTATIVES AND SENATE
Held in Hall of House.
Rule 1. Joint conventions shall be held in the Hall of the House of Representatives, or such other location as may be agreed to by the Speaker of the House of Representatives and the Majority Leader of the Senate. The President of the Senate or, in the absence of the President of the Senate, the Speaker of the House shall preside. Before the 2 Houses shall meet in joint convention, a concurrent resolution shall be introduced in one House setting forth the date and hour at which the joint convention shall meet, which, if adopted, shall be transmitted to the other House for concurrence.
Secretaries-Journals.
Rule 2. The Secretary of the Senate and Clerk of the House of Representatives shall be the secretaries of the joint convention. The proceedings of the joint convention shall be published with the Journals of the House, and the final result, as announced by the President on the return of the Senate to its chamber, shall be entered on the Journals of the Senate.
Rules of House to Govern.
Rule 3. The rules of the House of Representatives, so far as the same may be applicable, shall govern the proceedings in joint convention.
President pro tempore of Convention.
Rule 4. Whenever the Speaker of the House presides, he or she shall be entitled to vote on all occasions, and in case of a tie the question shall be declared lost.
Power to Compel Attendance.
Rule 5. Joint conventions shall have the power to compel the attendance of absent members in the mode and under the penalties prescribed in the rules of the House to which such members respectively belong, and for that purpose the Sergeant at Arms of each House shall attend.
May Adjourn from Time to Time.
Rule 6. Joint conventions may adjourn from time to time, as may be found necessary, and it shall be the duty of the House of Representatives to prepare to receive the Senate, and of the Senate to proceed to the joint convention, at the time fixed by law or resolution, or to which the joint convention may have adjourned.
Pending the reference of the concurrent resolution to a committee,
Rep. Tobocman moved that Rule 71 be suspended and the concurrent resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Reps. Tobocman and Ward offered the following concurrent resolution:
House Concurrent Resolution No. 2.
A concurrent resolution providing for a joint convention of the House of Representatives and the Senate.
Resolved by the House of Representatives (the Senate concurring), That the House of Representatives and Senate meet in joint convention in the Hall of the House of Representatives, Tuesday, February 6, 2007, at 6:30 p.m., to receive the message of Governor Jennifer M. Granholm.
Pending the reference of the concurrent resolution to a committee,
Rep. Tobocman moved that Rule 71 be suspended and the concurrent resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Messages from the Senate
January 10, 2007
The Honorable Andy Dillon
Speaker of the House of Representatives
Capitol Building
Lansing, Michigan 48913
Dear Mr. Speaker:
By direction of the Senate, I hereby notify you that a quorum of the Senate has assembled and is ready to proceed with the business of the session.
Very respectfully,
Carol Morey Viventi, J.D.
Secretary of the Senate
Senate Concurrent Resolution No. 1.
A concurrent resolution granting authority for adjournment for more than 2 days.
Resolved by the Senate (the House of Representatives concurring), That each House hereby grants unto the other permission to adjourn for not more than 15 intervening calendar days at such times as each House shall determine at any time during the 2007 and 2008 regular sessions.
The Senate has adopted the concurrent resolution.
Pending the reference of the concurrent resolution to a committee,
Rep. Tobocman moved that Rule 71 be suspended and the concurrent resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Tobocman moved that when the House adjourns today it stand adjourned until Monday, January 22, at 2:30p.m.
The motion prevailed.
Communications from State Officers
The following communication from the Department of Transportation was received and read:
January 5, 2007
Enclosed is the 2006 annual report of the Michigan Transportation Fund and Local Program Fund, as required by Section 17(2) of the Michigan Transportation Fund Act, Public Act 51 of 1951, as amended.
This report is available on the Michigan Department of Transportation's website. The file can be viewed or downloaded at http://www.michigan.gov/mdot/0,1607,7-151-9622_11045---,00.html.
Please contact me at (517) 241-3178 if you have any questions.
Sincerely,
Mary Cumberworth
Financial Operations Division
The communication was referred to the Clerk.
Rep. Young moved that the House adjourn.
The motion prevailed, the time being 2:40 p.m.
The Speaker declared the House adjourned until Monday, January 22, at 2:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives