No. 12

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

House Chamber, Lansing, Thursday, February 19, 2009.

12:00 Noon.

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

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

Agema—present Durhal—present Lahti—present Proos—present

Amash—present Ebli—present LeBlanc—present Roberts—present

Angerer—present Elsenheimer—present Leland—present Rocca—present

Ball—present Espinoza—present Lemmons—present Rogers—present

Barnett—present Geiss—present Lindberg—present Schmidt, R.—present

Bauer—present Genetski—present Lipton—present Schmidt, W.—present

Bennett—present Gonzales—present Liss—present Schuitmaker—present

Bledsoe—present Green—present Lori—present Scott, B.—present

Bolger—present Gregory—present Lund—present Scott, P.—present

Booher—present Griffin—present Marleau—present Scripps—present

Brown, L.—present Haase—present Mayes—present Segal—present

Brown, T.—present Haines—present McDowell—present Sheltrown—present

Byrnes—present Hammel—present McMillin—present Simpson—present

Byrum—present Hansen—present Meadows—present Slavens—present

Calley—present Haugh—present Meekhof—present Slezak—present

Caul—present Haveman—present Melton—present Smith—present

Clemente—present Hildenbrand—present Meltzer—present Spade—present

Constan—present Horn—present Miller—present Stamas—present

Corriveau—present Huckleberry—present Moore—present Stanley—present

Coulouris—present Jackson—present Moss—present Switalski—present

Crawford—present Johnson—present Nathan—present Tlaib—present

Cushingberry—present Jones, Rick—present Nerat—present Tyler—present

Daley—present Jones, Robert—present Neumann—present Valentine—present

Dean—present Kandrevas—present Opsommer—present Walsh—present

Denby—present Kennedy—present Pavlov—present Warren—present

DeShazor—present Knollenberg—present Pearce—present Womack—present

Dillon—present Kowall—present Polidori—present Young—present

Donigan—present Kurtz—present

e/d/s = entered during session

Rep. Hugh D. Crawford, from the 38th District, offered the following invocation:

“Gracious Lord, Giver of all gifts, as a new work session once again commences, we ask Your guidance. Give the men and women of this House Your generous blessing as they endeavor to legislate for the good of the people of the state of Michigan. Keep before their eyes the dignity of the human person and complete the good work that they have already begun. And, Dear Lord, Protect our brave women and men serving in the armed forces, as well as all of us here today and our loved ones. We ask this in Your good name. Amen.”

Motions and Resolutions

Rep. Angerer offered the following resolution:

House Resolution No. 28.

A resolution maximizing the state’s ability to affect the terms and conditions of gaming operations under federal law by concurring in the tribal-state gaming compact negotiated between the Governor and the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the state of Michigan and executed on May 9, 2007.

Whereas, The United States Congress enacted the Indian Gaming Regulatory Act of 1988 (IGRA) to provide a statutory framework for the establishment of regulatory roles for the states, the federal government, and Indian tribes in tribal Class III gaming operations; and

Whereas, Federally recognized Indian tribes have a right under this federal law to operate gaming as a means of economic development within states that allow such gaming for any purpose by any person, organization, or entity. The state of Michigan permits Class III gaming to be operated by non-tribal entities under the Michigan Gaming Control and Revenue Act; and

Whereas, Under federal law, states have limited ability to affect the terms and conditions of tribal Class III gaming by entering into a compact between the state and a federally recognized Indian tribe; and

Whereas, The state of Michigan has entered into tribal-state gaming compacts with 11 of Michigan’s 12 federally recognized Indian tribes; the only federally recognized Indian tribe not having a compact being the Gun Lake Band. The Michigan Legislature has approved all 11 tribal-state gaming compacts by resolution. The Michigan Supreme Court has held that the Michigan Legislature has the authority to approve tribal-state gaming compacts by legislative resolution; and

Whereas, The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan, which is also known as the Gun Lake Band, became a federally recognized Indian tribe in 1998; and

Whereas, A new tribal-state gaming compact between the state of Michigan and the Gun Lake Band (the “Gun Lake Compact”) has been negotiated by the Governor and the Gun Lake Band and signed on May 9, 2007. This compact has been filed with the Secretary of the Michigan Senate and is available for review. The Gun Lake Compact contains terms and conditions more beneficial to the state of Michigan than the previous 11 compacts; and

Whereas, The Gun Lake Compact contains additional and substantial regulatory provisions governing the Gun Lake Band’s proposed gaming facility that are not contained in any of the 11 other tribal-state gaming compacts; and

Whereas, The Gun Lake Compact prohibits the sale of tobacco to minors at the Gun Lake Band’s proposed gaming facility; and

Whereas, The Gun Lake Compact provides that persons under 21 years of age may not participate in gaming at the Gun Lake Band’s proposed gaming facility; and

Whereas, The Gun Lake Compact provides additional safeguards for revenue payments to the state of Michigan when compared to the prior 11 Class III gaming compacts; and

Whereas, The Gun Lake Compact contains a potential for substantially increased revenue sharing with the state of Michigan when compared to the prior 11 compacts. It also contains a minimum of a 50 percent increase over the prior 11 compacts for payments to the state of Michigan as reimbursement for regulatory costs; and

Whereas, The Gun Lake Compact also contains terms and conditions more beneficial to the state than the March 2008 settlement between the Governor and the Little River Band of Ottawa Indians and the Little Traverse Bay Bands of Odawa Indians regarding the tribes’ Club Keno lawsuit that challenged their obligation to pay a portion of their tribal casino revenue to the Michigan Strategic Fund; and

Whereas, The Secretary of the United States Department of the Interior has issued procedures for the operation of Class III gaming by Indian tribes that permit said tribes to operate Class III gaming facilities in the absence of a tribal-state compact where states have failed to enter into a compact with such tribes; and

Whereas, In the case of Michigan Gambling Opposition v. United States Department of Interior, et al, Case No. 07-5092, the United States Court of Appeals for the D. C. Circuit ruled in favor of the Gun Lake Band on April 29, 2008, on the issue of the Secretary of the Interior taking land into trust for the tribe for the purpose of conducting Class III gaming. On January 21, 2009, the United States Supreme Court denied a writ of certiorari, thereby ending further appellate action in this case. Other actions may occur regarding this issue, and the Senate takes no position regarding these matters. Approving this resolution neither condones nor encourages the expansion of casino gaming; and

Whereas, On January 30, 2009, the United States Secretary of the Interior acquired title to approximately 147 acres of land in Wayland Township, taking it into trust for the benefit of the Gun Lake Band; and

Whereas, Because the Secretary’s decision to take the land into trust is not subject to further legal challenge, it appears that Class II gaming by the Gun Lake Band on the trust property is inevitable, with or without a gaming compact; and

Whereas, In order to preserve the favorable terms of the current compact negotiated with the Gun Lake Band and to avoid showing a lack of good faith in negotiations, it is in the state’s best interest to approve the tribe’s request for Class III gaming; now, therefore, be it

Resolved by the House of Representatives, That we affirm the state’s ability to impact the terms and conditions of Indian gaming under federal law by concurring in a tribal-state compact; and be it further

Resolved, That pursuant to requirements of the IGRA and pursuant to section 10 of the proposed compact, we concur in the tribal-state gaming compact signed on May 9, 2007, by the Governor and the chairperson of the Match‑E‑Be‑Nash‑She‑Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and on file with the Secretary of the Senate, providing for and governing the conduct of tribal Class III gaming by the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band); and be it further

Resolved, That copies of this resolution be transmitted to the Governor, representatives of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan, and the United States Secretary of the Interior.

The question being on the adoption of the resolution,

The resolution was adopted.

______

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

“Mr. Speaker and members of the House:

I oppose the expansion of gaming as a matter of principle. I do wish to register my opposition to HR 28.”

______

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

The motion prevailed.

Reps. Switalski, Ball, Barnett, Bauer, Booher, Terry Brown, Byrnes, Constan, Cushingberry, Dean, Durhal, Geiss, Gonzales, Griffin, Hammel, Hansen, Haugh, Rick Jones, Robert Jones, Lori, Marleau, McDowell, Meltzer, Miller, Polidori, Roberts, Roy Schmidt, Wayne Schmidt, Scripps, Smith, Spade and Valentine offered the following resolution:

House Resolution No. 29.

A resolution to express support for community banks in Michigan and to urge federal action to promote Michigan’s banking industry.

Whereas, There exists a direct correlation between the strength of Michigan’s economy and the viability of its community banks. A majority of the funds deposited in Michigan are invested in other areas of the country, which exacerbates the credit crunch in Michigan; and

Whereas, The funds made available through the Troubled Assets Relief Program (TARP) have had little impact on promoting the availability of credit to Michigan citizens and businesses. Economic recovery throughout Michigan and especially in Southeast Michigan will only occur with the free flow of credit to stimulate investment; and

Whereas, President Barack Obama and the United States Congress should work together to implement numerous changes regarding the banking industry. These include suspending market-to-market accounting for held-to-maturity investments, expanding the 12-month time limit for capitalizing deferred tax assets, restricting loan impairment requirements for performing loans, increasing the amount of the allowance for loan and lease losses eligible for inclusion in tier 2 capital, increasing FDIC insurance to cover all governmental unit deposits, and making permanent the $250,000 FDIC guarantee for all other deposits; now, therefore, be it

Resolved by the House of Representatives, That we express support for community banks in Michigan and to urge federal action to promote Michigan’s banking industry; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Banking and Financial Services.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Thursday, February 19:

House Bill Nos. 4322 4323 4324 4325 4326 4327 4328 4329 4330 4331 4332 4333 4334 4335

4336 4337 4338 4339 4340 4341 4342 4343 4344 4345 4346

House Joint Resolutions L M

Senate Bill Nos. 237 238 239 240 241 242 243 244 245 246 247 248 249 250

251 252 253 254 255 256 257 258 259 260 261 262 263

The Clerk announced that the following Senate bills had been received on Thursday, February 19:

Senate Bill Nos. 126 134

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Byrum, Chair, of the Committee on Insurance, was received and read:

Meeting held on: Thursday, February 19, 2009

Present: Reps. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal, Sheltrown, Womack, Denby, Green, Haveman, Lund, Marleau and Moore

Absent: Rep. Rocca

Excused: Rep. Rocca

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Byrnes, Chair, of the Committee on Transportation, was received and read:

Meeting held on: Thursday, February 19, 2009

Present: Reps. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, DeShazor, Knollenberg, Pearce, Wayne Schmidt and Paul Scott

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Melton, Chair, of the Committee on Education, was received and read:

Meeting held on: Thursday, February 19, 2009

Present: Reps. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Amash, Ball, DeShazor, McMillin, Pearce, Paul Scott, Tyler and Walsh

Messages from the Senate

Senate Bill No. 126, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 2 (MCL 207.552), as amended by 2008 PA 581.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Senate Bill No. 134, entitled

A bill to amend 2000 PA 322, entitled “Julian-Stille value-added act,” by amending the title and sections 2, 2a, and 3 (MCL 285.302, 285.302a, and 285.303), the title and section 2 as amended by 2006 PA 423 and section 2a as added by 2006 PA 424.

The Senate has passed the bill.

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

Notices

February 18, 2009

Mr. Richard J. Brown, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

I hereby make the following changes to the membership for the subcommittees of the Appropriations Committee for the 2009-2010 Legislative Session:

Corrections

Rep. Genetski is added.

Environmental Quality

Rep. Genetski is removed. Rep. Rogers is designated Minority Vice-Chair.

Human Services

Rep. Tlaib to replace Rep. Smith as Majority Vice-Chair.

Investigations, Intergovernmental Affairs And Oversight

Rep. Jackson is added.

Sincerely,

George Cushingberry, Chair

Appropriations Committee

Communications from State Officers

The following communication from the Department of Energy, Labor and Economic Growth was received and read:

February 13, 2009

In accordance with Section 8 of the Michigan Employment Security Act, being Section 421.8 of the Michigan Compiled Laws, the Unemployment Insurance Agency is required to report annually to the Governor and the Legislature any amount, in excess of $1.00, that the maximum weekly unemployment benefit rate would increase if the annual increase in the United States Department of Labor’s Consumer Price Index (CPI) were applied to the maximum weekly benefit rate.

I am therefore transmitting to the Governor, and to the House and Senate for publication along with this letter in the Journals of their respective bodies, the enclosed report showing that since the last increase in the maximum weekly benefit rate to $362.00, the increase in the CPI would result in an increase in the maximum weekly unemployment benefit rate to $415.72. Using the method of applying a percentage of the state average weekly wage, the maximum weekly benefit rate would increase to $484.18.

Sincerely,

Stephen M. Geskey, Director

Unemployment Insurance Agency

Department of Energy, Labor and Economic Growth

The communication was referred to the Clerk.

Announcements by the Clerk

February 13, 2009

Received from the Wayne County Airport Authority a copy of the 2008 Audited Financial Statements per the requirements of Public Act 90 of 2002.

Richard J. Brown

Clerk of the House

By unanimous consent the House returned to the order of

Introduction of Bills

Reps. LeBlanc, Sheltrown, Amash, Polidori, Agema and Genetski introduced

House Bill No. 4347, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b (MCL 777.11b), as amended by 2008 PA 538.

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

Reps. LeBlanc, Sheltrown, Amash, Genetski, Polidori and Agema introduced

House Bill No. 4348, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5c (MCL 28.425c), as amended by 2002 PA 719; and to repeal acts and parts of acts.

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

Reps. LeBlanc and Leland introduced

House Bill No. 4349, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2841 (MCL 333.2841).

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

Rep. Cushingberry introduced

House Bill No. 4350, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2009; and to provide for the expenditure of the appropriations.

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

Rep. Cushingberry introduced

House Bill No. 4351, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2009; and to provide for the expenditure of the appropriations.

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

Rep. Huckleberry introduced

House Bill No. 4352, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811e (MCL 257.811e), as amended by 2006 PA 562, and by adding section 811r.

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

Reps. Clemente and Scripps introduced

House Bill No. 4353, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2007 PA 154.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Reps. Agema, Green, Meekhof, Meltzer, Kurtz, Daley, Haveman, Opsommer and McMillin introduced

House Bill No. 4354, entitled

A bill to repeal 1976 PA 174, entitled “An act to provide free tuition for state resident North American Indians in Michigan public community colleges, public universities, and certain federal tribally controlled community colleges; and to prescribe certain powers and duties of certain state departments, commissions, and agencies,” (MCL 390.1251 to 390.1253).

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

Reps. Agema, Hildenbrand, Meltzer, Walsh, Kowall, McMillin, Rogers, Meekhof, Kurtz, Marleau and Proos introduced

House Bill No. 4355, entitled

A bill to require verification that public contracts are performed by employees who are entitled to work in the United States; to prohibit an employer from discharging certain employees while employing an illegal alien; to prescribe acceptable methods for verifying legal presence in the United States; to condition the eligibility of employers to perform certain public contracts on participation in the federal immigrant verification system; to create duties and responsibilities for certain state and local departments, agencies, and officers; to require promulgation of rules; and to provide civil remedies and criminal penalties.

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

Reps. Proos, Meltzer, Walsh, Marleau, Gregory, Kandrevas, Tyler and Roy Schmidt introduced

House Bill No. 4356, entitled

A bill to amend 2002 PA 481, entitled “Special tools lien act,” by amending section 27 (MCL 570.567).

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

Reps. Meadows, Gregory, Kandrevas, Meltzer, Proos, Walsh, Marleau, Tyler and Roy Schmidt introduced

House Bill No. 4357, entitled

A bill to amend 2002 PA 481, entitled “Special tools lien act,” by amending section 31 (MCL 570.571).

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

Reps. Kandrevas, Gregory, Meadows, Meltzer, Proos, Walsh, Marleau, Tyler and Roy Schmidt introduced

House Bill No. 4358, entitled

A bill to amend 1981 PA 155, entitled “An act to provide for ownership rights in dies, molds, and forms for use in the fabrication of plastic parts under certain conditions and to establish a lien on certain dies, molds, and forms,” by amending section 10c (MCL 445.620c), as added by 2002 PA 17.

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

Reps. Meltzer, Gregory, Meadows, Kandrevas, Proos, Walsh, Marleau, Tyler and Roy Schmidt introduced

House Bill No. 4359, entitled

A bill to amend 1981 PA 155, entitled “An act to provide for ownership rights in dies, molds, and forms for use in the fabrication of plastic parts under certain conditions and to establish a lien on certain dies, molds, and forms,” by amending section 10a (MCL 445.620a), as added by 2002 PA 17.

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

Reps. Ball, Booher, Lahti, Opsommer, Pearce and Caul introduced

House Bill No. 4360, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 710e (MCL 257.710e), as amended by 2008 PA 43.

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

Rep. Rocca introduced

House Bill No. 4361, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27 (MCL 211.27), as amended by 2003 PA 274.

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

Rep. Rocca introduced

House Bill No. 4362, entitled

A bill to amend 1990 PA 187, entitled “The pupil transportation act,” (MCL 257.1801 to 257.1877) by adding section 58.

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

Rep. Rocca introduced

House Bill No. 4363, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2008 PA 133.

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

Rep. Rocca introduced

House Bill No. 4364, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 482a.

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

Rep. Rocca introduced

House Bill No. 4365, entitled

A bill to prohibit certain units of government from establishing the ownership of real property as a qualification for public office; and to provide remedies.

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

Rep. Rocca introduced

House Bill No. 4366, entitled

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

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

Reps. Stanley, Gregory, Bauer, Robert Jones, Bledsoe, Miller, Roy Schmidt, Lemmons, Hammel, Slezak, Switalski, Young, Jackson, Durhal and Dean introduced

House Bill No. 4367, entitled

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

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

Reps. Stanley, Miller, Bledsoe, Lemmons, Hammel, Switalski, Young, Jackson and Durhal introduced

House Bill No. 4368, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 720 and 735 (MCL 168.720 and 168.735), section 735 as amended by 2004 PA 92, and by adding section 720a.

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

Reps. Polidori and Constan introduced

House Bill No. 4369, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320a (MCL 257.320a), as amended by 2008 PA 463, and by adding section 602b.

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

Reps. Polidori and Constan introduced

House Bill No. 4370, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320a (MCL 257.320a), as amended by 2008 PA 463.

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

Reps. Warren, Scripps, Byrnes, Roberts, Robert Jones, Dean and Switalski introduced

House Bill No. 4371, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11503, 11506, 11507a, 11521, 11539, 11541, and 11547 (MCL 324.11503, 324.11506, 324.11507a, 324.11521, 324.11539, 324.11541, and 324.11547), sections 11503 and 11506 as amended and section 11521 as added by 2007 PA 212, section 11507a as amended by 2004 PA 39, section 11541 as amended by 1996 PA 358, and section 11547 as amended by 1998 PA 466.

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

Reps. Warren, Smith, Leland, Bauer, Donigan, Miller, Scripps, Robert Jones, Meadows and Dean introduced

House Bill No. 4372, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 401 and 406 (MCL 330.1401 and 330.1406), section 401 as amended by 2004 PA 496 and section 406 as amended by 1995 PA 290, and by adding sections 207a, 207b, 207c, 207d, 207e, and 207f; and to repeal acts and parts of acts.

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

Reps. Warren, Segal, Bauer, Scripps, Byrum, Tlaib, Roberts, Robert Jones, Byrnes, Donigan, Lahti, Spade, LeBlanc, Meadows, Smith, Gregory, Lipton, Espinoza, Dean, Barnett, Liss, McDowell, Switalski and Lisa Brown introduced

House Bill No. 4373, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 307 and 315 (MCL 257.307 and 257.315), section 307 as amended by 2008 PA 36 and section 315 as amended by 2008 PA 7.

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

Reps. Warren, Segal, Bauer, Scripps, Byrum, Tlaib, Roberts, Robert Jones, Byrnes, Donigan, Lahti, Spade, LeBlanc, Meadows, Smith, Lipton, Gregory, Espinoza, Barnett, Liss, McDowell, Switalski and Lisa Brown introduced

House Bill No. 4374, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509o (MCL 168.509o), as added by 1994 PA 441.

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

Reps. Warren, Angerer, Smith and Byrnes introduced

House Bill No. 4375, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4x (MCL 205.54x), as amended by 2006 PA 17.

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

Reps. Warren, Angerer, Smith and Byrnes introduced

House Bill No. 4376, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2008 PA 314.

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

Reps. Gonzales, Spade and Polidori introduced

House Bill No. 4377, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending the heading of part 129 and sections 12601, 12603, 12611, 12613, 12614, 12905, and 12915 (MCL 333.12601, 333.12603, 333.12611, 333.12613, 333.12614, 333.12905, and 333.12915), sections 12601 and 12613 as amended by 1988 PA 315, sections 12603 and 12611 as amended by 1993 PA 217, section 12614 as added by 1988 PA 296, section 12905 as amended by 1993 PA 242, and section 12915 as amended by 1982 PA 526, and by adding sections 12606, 12606a, and 12606b; and to repeal acts and parts of acts.

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

Reps. Bledsoe, Scripps, Tlaib, Byrum, Spade, Slavens, Liss, Kennedy, Terry Brown, Gregory, Switalski, Segal, Miller, Roberts, Hammel, Haugh, Lindberg, Barnett, LeBlanc, Byrnes, Nerat, Robert Jones, Nathan, Coulouris, Geiss, Valentine, Dean, Meadows, Ebli, Lisa Brown, Bauer, Huckleberry, Stanley, Durhal, Haase, Donigan, Kandrevas, Angerer, Slezak, Melton, Lipton, Smith, Sheltrown and Bettie Scott introduced

House Bill No. 4378, entitled

A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 6a (MCL 4.416a), as added by 1994 PA 383.

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

Reps. Barnett, Sheltrown, Scripps, Tlaib, Byrum, Mayes, Spade, Terry Brown, Gregory, Miller, Roberts, Leland, Hammel, Haugh, Lindberg, Slezak, LeBlanc, Byrnes, Ebli, Bauer, Nerat, Durhal, Bledsoe, Robert Jones, Coulouris, Geiss, Dean, Meadows, Lisa Brown, Huckleberry, Haase, Valentine, Donigan, Segal, Switalski, Kandrevas, Angerer, Melton and Slavens introduced

House Bill No. 4379, entitled

A bill to amend 1968 PA 318, entitled “An act to implement the provisions of section 10 of article 4 of the constitution relating to substantial conflicts of interest on the part of members of the legislature and state officers in respect to contracts with the state and the political subdivisions thereof; to provide for penalties for the violation thereof; to repeal all acts and parts of acts in conflict with this act; and to validate certain contracts,” (MCL 15.301 to 15.310) by adding section 2a.

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

Reps. Roberts, Sheltrown, Scripps, Tlaib, Byrum, Mayes, Spade, Slavens, Liss, Kennedy, Terry Brown, Gregory, Miller, Hammel, Haugh, Lindberg, LeBlanc, Byrnes, Ebli, Bledsoe, Robert Jones, Nathan, Valentine, Dean, Leland, Meadows, Lisa Brown, Bauer, Nerat, Huckleberry, Haase, Coulouris, Angerer, Geiss, Donigan, Segal, Switalski, Womack, Slezak, Melton and Bettie Scott introduced

House Bill No. 4380, entitled

A bill to amend 1968 PA 318, entitled “An act to implement the provisions of section 10 of article 4 of the constitution relating to substantial conflicts of interest on the part of members of the legislature and state officers in respect to contracts with the state and the political subdivisions thereof; to provide for penalties for the violation thereof; to repeal all acts and parts of acts in conflict with this act; and to validate certain contracts,” by amending section 2 (MCL 15.302).

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

Reps. Ebli, LeBlanc, Robert Jones, Sheltrown, Geiss, Miller, Byrum, Slavens, Valentine, Donigan and Kandrevas introduced

House Bill No. 4381, entitled

A bill to regulate political activity; to regulate certain candidates for elective office and state officials; to require financial statements and reports; to prescribe the powers and duties of certain state and local governmental officers and agencies; to impose fees; to prescribe penalties and civil sanctions; and to provide remedies.

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

Reps. Scripps, Haase, Kandrevas, LeBlanc, Byrnes, Robert Jones, Liss, Slavens, Sheltrown, Miller, Bledsoe, Lisa Brown, Barnett, Gregory, Haugh, Donigan, Melton, Geiss and Byrum introduced

House Bill No. 4382, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 57a.

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

Reps. Pearce, Scripps, Agema, Lori, Horn, Crawford, Schuitmaker, Hildenbrand, Green, Ball and Stamas introduced

House Bill No. 4383, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509t (MCL 168.509t), as amended by 2004 PA 92.

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

Rep. Scripps introduced

House Bill No. 4384, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.10cc) by adding section 9d.

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

Reps. Moore, Melton, Coulouris, Horn, Mayes, Clemente, Scripps, Geiss and Schuitmaker introduced

House Bill No. 4385, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9e.

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

Reps. Johnson, Melton, Coulouris, Horn, Mayes, Scripps and Geiss introduced

House Bill No. 4386, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9h.

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

Reps. Scripps, Melton, Coulouris, Horn, Mayes and Geiss introduced

House Bill No. 4387, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9h.

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

Reps. LeBlanc, Melton, Coulouris, Horn, Mayes, Scripps and Geiss introduced

House Bill No. 4388, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9d.

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

Reps. Mayes, Melton, Coulouris, Horn, Scripps, Geiss and Schuitmaker introduced

House Bill No. 4389, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9g.

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

Reps. Mayes, Melton, Coulouris, Horn, Scripps, Geiss and Schuitmaker introduced

House Bill No. 4390, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 6t.

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

Reps. Terry Brown, Melton, Coulouris, Horn, Scripps and Geiss introduced

House Bill No. 4391, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9f.

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

Rep. Roberts introduced

House Bill No. 4392, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9i.

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

Reps. Marleau, Melton, Coulouris, Horn, Mayes, Scripps, Geiss and Schuitmaker introduced

House Bill No. 4393, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9h.

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

Rep. Stanley moved that the House adjourn.

The motion prevailed, the time being 1:20 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, February 24, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives

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