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JOURNAL OF THE SENATE

NUMBER FIVE.
Senate Chamber, Lansing, January 15, 1925,

2 o'clock p. m.

The Senate met pursuant to adjournment and was called to order by the President.

The Reverend S. N. Rittenhouse of the Seventh Day Adventist Church of Lansing offered prayer.

The roll of the Senate was called by the Secretary,

Present: Senators Atwood, Bahorski, Baxter, Bohn, Butler, Bernie L. Case, William L. Case, Cummings, Gansser, Gettel, Greene, Herald, Herrick, Hinkley, Horton, Howarth, Hunter, Karcher, Leland, Martin, Pearson, Penney, Truettner, Whiteley, Wilcox, Young-26; a quorum.

Absent with leave: Senators Henry and Wood-2.

Absent without leave: Senators Brower, Condon, Quinlan and Woodruff—4.

Mr. Howarth moved that the absentees without leave be exçused from today's session.

The motion prevailed.

Presentation of Petitions.

Petition No. 13. By Mr. Hinkley. Petition from Board of Supervisors of Genesee County regarding extra Circuit Judges for Genesee County.

The petition was referred to the Committee on Judiciary.

Petition No. 14. By Mr. Hinkley. Petition from Board of Supervisors of Livingston County favoring gas tax.

The petition was referred to the Committee on Taxation.

Petition No. 15. By Mr. Herrick. Petition from the Orleans W. C. T. U., Ionia County, against ratification of the Child Labor amendment.

The petition was referred to the Committee on Labor.

Petition No. 16. By Mr. Hinkley. Petition from the Board of Supervisors of Cass County in favor of a gas tax.

The petition was referred to the Committee on Taxation.

Petition No. 17. By Mr. Herrick. Petition of Six Lakes Grange favoring a 2 cents gasoline tax.

The petition was referred to the Committee on Taxation.

Petition No. 18. By Mr. Herrick. Petition of Supervisors of Montcalm County opposing the ratification of Child Labor Law.

The petition was referred to the Committee on Labor.

Petition No. 19. By Mr. Herrick. Petition of Supervisors of Montcalm County opposing re-apportionment increasing representation of Wayne County.

The petition was referred to the Committee on Apportionment.

Petition No. 20. By Mr. Herrick. Petition of Supervisors of Montcalm County requesting appropriation for State Road.

The petition was referred to the Committee on Highways. Petition No. 21. By Mr. Herrick. Petition of Supervisors of Montcalm County favoring gasoline tax.

The petition was referred to the Committee on Taxation.

Petition No. 22. By Mr. Herrick. Petition of Supervisors of Montcalm County opposing repeal of law permitting spearing of fish.

The petition was referred to the Committee on Conservation.

Messages From the House. A message was received from the House of Representatives informing the Senate that the House had concurred in the adoption of

Senate concurrent resolution No. 3.

A concurrent resolution prescribing the Joint Rules of the Senate and the House of Representatives.

Motions and Resolutions. Mr. Truettner offered the following resolution: Senate concurrent resolution No. 6. Providing for adjournment of Legislature for more than three days. Resolved by the Senate (the House of Representatives concurring), That when the two houses of the Legislature adjourn January 15, 1925, they stand adjourned until Tuesday, January 20, 1925, at five o'clock p. m., eastern standard time.

Pending the order that, under rule 59, the concurrent resolution lie over one day. Mr. Truettner moved that rule 59. be suspended. The motion prevailed. The concurrent resolution was then considered and adopted.

Reports of Standing Committees. Mr. Baxter submitted the following report:

The Committee on Taxation respectfully reports back to the Senate the following entitled bill, with a substitute therefor, recommending that the substitute be agreed to and that the bill, as thus substituted, do pass:

Senate bill No. 8 (File 6), entitled,

A bill to prescribe a privilege tax for the use of the public highways by owners or drivers of motor vehicles by imposing a specific tax upon the sale, within the State of Michigan, of motor vehicle fuels as defined herein, prescribing the manner and time of paying and collecting such tax and the duties of officials and other persons respecting such payment and collection; providing for the registration of dealers as defined herein; providing for certain exemptions and refunds, and for the disposition of the proceeds of such tax; and prescribing penalties for violations of this act.

The following is the title of the substitute recommended by the committee:

A bill imposing a tax on gasoline as defined herein, sold or used in the State of Michigan, providing for the payment, collection and disposition of such tax, providing for a refund in certain cases, making an appropriation, and prescribing penalties for the violation thereof.

HOWARD F. BAXTER,

Acting Chairman. The report was accepted. The substitute recommended by the committee was agreed to. The following is the substitute:

A bill imposing a tax on gasoline as defined herein, sold or used in the State of Michigan, providing for the payment, collection and disposition of such tax, providing for a refund in certain cases, making an appropriation, and prescribing penalties for the violation thereof.

The People of the State of Michigan enact:

Section 1. The term "gasoline" shall include fuels and volatile or inflammable liquids produced, compounded or used for the purpose of operating or propelling motor vehicles. It shall not include kerosene or crude oil. The term "dealer" shall include any person, firm, association or corporation having gasoline in his, its or their possession within this State for sale to the consumer or for storage for sale, or for his own use.

Sec. 2. A tax of two cents per gallon is hereby imposed on all gasoline sold or used in this State by any dealer which tax shall be paid by such dealers to the Secretary of State on or before the twentieth day of each month.

Sec. 3. Every dealer in gasoline except those having gasoline for his own use shall file a duly acknowledged certificate with the Secretary of State on forms prescribed and furnished by him, which shall contain the name under which such dealer is transacting business, names and addresses of the several persons constituting the firm or partnership, if a corporation the corporate name, and the names and addresses of its principal officers and resident general agent, or attorney in fact.

Sec. 4. For the purpose of determining the amount of such tax every dealer shall on or before the twentieth day of each month file with the Secretary of State, on forms furnished by him, a statement under oath showing the number of gallons of gasoline sold, or used by such dealer during the preceding calendar month and give such further information pertaining to such sales as the Secretary of State shal! prescribe. The payment of such tax and the filing of the statements provided for herein may be assumed by any person, firm, association or corporation engaged in the business of importing, selling, distributing or wholesaling gasoline within this state, under such terms and regulations as the Secretary of State may prescribe.

Sec. 5. The purchaser of gasoline used for any purpose other than the operation of motor vehicles on the streets and high ways of the state, and municipali. ties, and the federal government using gasoline in municipal and federal owned motor vehicles, shall be entitled to a refund of the tax paid thereon upon filing a sworn claim with the Secretary of State, on forms prescribed by him, within sixty days from the date of purchase as shown by the invoice. It shall be the duty of the dealer to furnish any such purchaser with an invoice showing the amount of gasoline purchased, the date thereof, the purpose for which the same was to be used and the amount of tax paid or to be paid thereon, and the purchaser shall state to the dealer the purpose for which such gasoline is to be used at the time the purchase is made. Such claims when approved by the Secretary of State shall be paid out of the State Highway Fund upon the warrant of the Auditor General.

Sec 6. The Secretary of State or his duly authorized agent is hereby authorized to examine the books and papers of any retail dealer, importer, wholesale dealer or distributor pertaining to the business made taxable by this act, to verify the accuracy of any statement or return and shall have power to administer oaths and take the testimony of any person and for such purpose shall be authorized to issue subpoenas to compel the attendance of such witnesses, but any information gained by the Secretary of State or such agent by such investigation shall be confidential and any person divulging such information shall be deemed guilty of a misdemeanor and upon conviction thereof shall be liable to a fine not exceeding one thousand dollars.

Sec. 7. The tax herein provided shall be in lieu of all other taxes imposed or to be imposed upon the sale or use of gasoline by the State or any political subdivision thereof.

Sec. 8. Subject to the approval of the State Administrative Board, the Secretary of State may employ such clerical assistance as may be necessary to carry out the provisions of this act.

Sec. 9. The Secretary of State may institute proceedings in the Circuit Court, for Ingham County against any person, firm, association or corporation who shall fail to pay the tax prescribed by this act, within thirty days after the same is due.

Sec. 10. Any person, firm, association or corporation who shall make any false statement or return, or who shall refuse or neglect to make any statement or return required by the provisions of this Act, or who shall neglect or refuse to pay the tax herein provided for, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine not to exceed five hundred dollars or imprisonment in the county jail for a term not to exceed sixty days or both such fine and imprisonment in the discretion of the court.

Sec 11. All sums of money received and collected by the Secretary of State under the provisions of this Act shall be deposited in the State Treasury to the credit of the State Highway Fund, and are hereby appropriated from the State Highway Fund for the calendar year ending December thirty-first, nineteen hundred twenty-five, and for each calendar year thereafter, for the specific purpose and in the amounts set forth in the following schedule:

(a) For the payment of net amounts owing the several counties on State Award highways two million five hundred thousand dollars until such rewards have been paid;

(b) For the payment of interest on the State Highway Bonds and on the principal thereof, not less than three million dollars;

(c) For the construction and repairing of non-trunk line bridges, not more than five hundred thousand dollars;

(d) The balance if any shall be used for the general construction, improvement and betterment of the state highways within the State.

All the appropriations made hereunder shall be expended under the supervision of the State Administrative Board in accordance with the General Highway Laws.

Sec. 12. This act is declared to be immediately necessary for the preservation of the public peace, health and safety and shall take immediate effect.

The bill as substituted was ordered printed and was referred to the Committee on Finance and Appropriations.

Upon motion of Mr. Truettner, the Committee on Finance and Appropriations was given leave to sit during the session.

Introduction of Bills.
Mr. W. L. Case introduced
Senate joint resolution No. 1, entitled

A joint resolution proposing an amendment to section 13 of Article V of the State Constitution with reference to the time during which a session of the Legislature may continue.

The joint resolution was read a first and second time by its title, ordered printed, and referred to the Committee on Rules and Resolutions.

Mr. Cummings introduced
Senate bill No. 14, entitled

A bill to amend section 23 of Act No. 339 of the Public Acts of 1919, entitled, "An act relating to dogs and the protection of live stock and poultry from damage by dogs; providing for the licensing of dogs; regulating the keeping of dogs, and authorizing their destruction in certain cases; providing for the determination and payment of damages done by dogs to live stock and poultry; imposing powers and duties on certain State, county, city and township officers and employes, and to repeal Act No. 347 of the Public Acts of 1917, and providing penalties for the violation of this act."

The bill was read a first and second time by its title, ordered printed, and referred to the Committee on Agriculture.

Mr. B. L. Case introduced
Senate bill No. 15, entitled

A bill to prevent the defrauding of farmers, merchants, and the owners or operators of elevators, meat markets and laundries.

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

Mr. W. L. Case introduced
Senate bill No. 16, entitled
A bill to authorize the employment of public health nurses by counties.

The bill was read a first and second time by its title, ordered printed, and referred to the Committee on Public Health.

Messages from the House.

A message was received from the House of Representatives informing the Senate that the House had concurred in the adoption of

Senate concurrent resolution No. 6.

A concurrent resolution providing for adjournment of the Legislature for more than three days.

The Senate then returned to the order of

Reports of Standing Committees. Mr. Truettner submitted the following report:

The Committee on Finance and Appropriations respectfully reports back to the Senate, the following entitled bill, known as the Atwood-Baxter bill, without amendment, and with the recommendation that the bill do pass:

Senate bill No. 8, (File No. 14), entitled

A bill imposing a tax on gasoline as defined herein, sold or used in the State of Michigan, providing for the payment, collection or disposition of such tax, providing for a refund in certain cases, making an appropriation, and prescribing penalties for the violation thereof.

WALTER F. TRUETTNER,

Acting Chairman. The report was accepted. The bill was referred to the Committee of the Whole.

Mr. Truettner moved that the President appoint a committee to escort former Lieutenant Governor Thomas Read to the President's desk to address the Senate.

The motion prevailed.
The President appointed Mr. Truettner, Mr. Whiteley and Mr. Butler.

Former Lieutenant Governor Thomas Read was escorted to the President's desk and addressed the Senators.

Mr. Whiteley moved that the Senate adjourn.
The motion prevailed.

Accordingly and in pursuance of the order previously made, the President declared the Senate adjourned until Tuesday, January 20, 1925, at 5:00 o'clock p. m.

DENNIS E. ALWARD,

Secretary of the Senate.

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