No. 60
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Thursday, June 25, 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—excused 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. Kenneth Kurtz, from the 58th District, offered the following invocation:
“Eternal God and Heavenly Father we beseech Thy mercy and Thy grace. In this day we ask, according to Your word, that we might be granted wisdom, understanding and grant us a sense of Thy peace. In Jesus name, we pray, Amen.”
______
Rep. Opsommer moved that Rep. Moore be excused from today’s session.
The motion prevailed.
Motions and Resolutions
By unanimous consent the House considered House Resolution No. 121 out of numerical order.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 121.
A resolution of tribute offered as a memorial for Richard D. Allen, former member of the House of Representatives.
Whereas, The members of this legislative body and many at the Capitol were saddened to learn of the passing of Richard D. Allen, a member of the Michigan House of Representatives for 12 years. With his record of commitment on behalf his community, this state, and our nation, this gentleman set an example of the highest standards of citizenship and service; and
Whereas, A native of Caro in the Thumb, Dick Allen compiled a long and varied record of dedication on behalf of others. He served our nation with distinction in both the Marines and the Air Force and studied at the University of Illinois and the University of Maryland before returning to his home community. He became a trusted voice for his neighbors through his 19 years as a newspaper reporter and editor. His personal involvement in community life was further illustrated in his leadership as a charter member of the Help Line crisis intervention program and his efforts on the Tuscola County Community Mental Health Services Board. He also contributed to the work of a host of other civic groups; and
Whereas, In 1983, Mr. Allen brought his talents and energies to Lansing for the first of his 6 consecutive terms in the House. His attention to detail, particularly though his work on the Appropriations Committee, was appreciated by both members and staff. This steady thoroughness was helpful throughout his entire tenure as a lawmaker, which included service during the historic shared power arrangement during the Eighty-third Legislature. His subsequent involvement in public affairs in Lansing reflected the respect he garnered from both sides of the political aisle; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Richard D. Allen, a member of this legislative body from 1983 to 1994; and be it further
Resolved, That copies of this resolution be transmitted to the Allen family as evidence of our lasting esteem for his memory.
The question being on the adoption of the resolution,
The resolution was adopted by unanimous standing vote.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 102.
A resolution to memorialize the United States Congress to enact H.R. 521, the Stillbirth Awareness and Research Act of 2009.
(For text of resolution, see House Journal No. 43, p. 906.)
(The resolution was reported by the Committee on Health Policy on June 23.)
The question being on the adoption of the resolution,
The resolution was adopted.
Second Reading of Bills
Senate Bill No. 490, entitled
A bill to amend 1950 (Ex Sess) PA 21, entitled “An act to create the Mackinac bridge authority, and to prescribe its powers and duties; to provide for the determination of the physical and financial feasibility of a bridge connecting the upper and lower peninsulas of Michigan; to provide for a board of consulting engineers, and to prescribe its powers and duties; and to make an appropriation to carry out the provisions of this act,” (MCL 254.301 to 254.302) by amending the title and by adding section 1a.
The bill was read a second time.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Angerer moved that Rep. Cushingberry be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 490, entitled
A bill to amend 1950 (Ex Sess) PA 21, entitled “An act to create the Mackinac bridge authority, and to prescribe its powers and duties; to provide for the determination of the physical and financial feasibility of a bridge connecting the upper and lower peninsulas of Michigan; to provide for a board of consulting engineers, and to prescribe its powers and duties; and to make an appropriation to carry out the provisions of this act,” (MCL 254.301 to 254.302) by amending the title and by adding section 1a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 336 Yeas—108
Agema Durhal Kurtz Proos
Amash Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Genetski Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen McMillin Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Daley Jones, Rick Nerat Tyler
Dean Jones, Robert Neumann Valentine
Denby Kandrevas Opsommer Walsh
DeShazor Kennedy Pavlov Warren
Dillon Knollenberg Pearce Womack
Donigan Kowall Polidori Young
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 483, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43523, 43528, and 43531 (MCL 324.43523, 324.43528, and 324.43531), as amended by 2008 PA 347.
The bill was read a second time.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 483, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43523, 43528, and 43531 (MCL 324.43523, 324.43528, and 324.43531), as amended by 2008 PA 347.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 337 Yeas—108
Agema Durhal Kurtz Proos
Amash Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Genetski Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen McMillin Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Daley Jones, Rick Nerat Tyler
Dean Jones, Robert Neumann Valentine
Denby Kandrevas Opsommer Walsh
DeShazor Kennedy Pavlov Warren
Dillon Knollenberg Pearce Womack
Donigan Kowall Polidori Young
Nays—0
In The Chair: Byrnes
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Ethics and Elections,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Pearce moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 338 Yeas—93
Angerer Durhal Lahti Rocca
Ball Ebli LeBlanc Schmidt, R.
Barnett Espinoza Leland Schmidt, W.
Bauer Geiss Lemmons Schuitmaker
Bennett Gonzales Lindberg Scott, B.
Bledsoe Green Lipton Scripps
Bolger Gregory Liss Segal
Booher Griffin Lori Sheltrown
Brown, L. Haase Mayes Simpson
Brown, T. Hammel McDowell Slavens
Byrnes Hansen Meadows Slezak
Byrum Haugh Melton Smith
Calley Hildenbrand Meltzer Spade
Caul Horn Miller Stamas
Clemente Huckleberry Nathan Stanley
Constan Jackson Nerat Switalski
Corriveau Johnson Neumann Tlaib
Coulouris Jones, Rick Opsommer Tyler
Crawford Jones, Robert Pavlov Valentine
Cushingberry Kandrevas Pearce Walsh
Dean Kennedy Polidori Warren
DeShazor Knollenberg Proos Womack
Dillon Kurtz Roberts Young
Donigan
Nays—16
Agema Elsenheimer Kowall Meekhof
Amash Genetski Lund Moss
Daley Haines Marleau Rogers
Denby Haveman McMillin Scott, P.
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4993, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509v and 509w (MCL 168.509v and 168.509w), as added by 1994 PA 441.
The bill was read a second time.
Rep. Meltzer moved to substitute (H-4) the bill.
The motion did not prevail and the substitute (H-4) was not adopted, a majority of the members serving not voting therefor.
Rep. Melton moved to substitute (H-5) the bill.
The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Melton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Rep. Angerer moved that Rep. Johnson be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4993, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509v and 509w (MCL 168.509v and 168.509w), as added by 1994 PA 441.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 339 Yeas—80
Angerer Durhal Leland Schmidt, R.
Barnett Ebli Lemmons Schuitmaker
Bauer Espinoza Lindberg Scott, B.
Bennett Geiss Lipton Scripps
Bledsoe Gonzales Liss Segal
Booher Gregory Lori Sheltrown
Brown, L. Griffin Marleau Simpson
Brown, T. Haase Mayes Slavens
Byrnes Hammel McDowell Slezak
Byrum Haugh Meadows Smith
Clemente Hildenbrand Melton Spade
Constan Horn Miller Stanley
Corriveau Huckleberry Nathan Switalski
Coulouris Jackson Nerat Tlaib
Crawford Jones, Robert Neumann Tyler
Cushingberry Kandrevas Pearce Valentine
Dean Kennedy Polidori Walsh
DeShazor Knollenberg Proos Warren
Dillon Lahti Roberts Womack
Donigan LeBlanc Rocca Young
Nays—28
Agema Denby Jones, Rick Moss
Amash Elsenheimer Kowall Opsommer
Ball Genetski Kurtz Pavlov
Bolger Green Lund Rogers
Calley Haines McMillin Schmidt, W.
Caul Hansen Meekhof Scott, P.
Daley Haveman Meltzer Stamas
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5086, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 8c (MCL 125.2688c), as amended by 2006 PA 284.
The bill was read a second time.
Rep. Mayes moved to amend the bill as follows:
1. Amend page 1, line 6, after “cities,” by inserting “COUNTIES,”.
2. Amend page 1, line 7, after “city,” by inserting “COUNTY,”.
3. Amend page 1, line 8, after “cities,” by inserting “COUNTIES,”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Simpson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5086, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 8c (MCL 125.2688c), as amended by 2006 PA 284.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 340 Yeas—106
Agema Durhal Lahti Roberts
Angerer Ebli LeBlanc Rocca
Ball Elsenheimer Leland Rogers
Barnett Espinoza Lemmons Schmidt, R.
Bauer Geiss Lindberg Schmidt, W.
Bennett Genetski Lipton Schuitmaker
Bledsoe Gonzales Liss Scott, B.
Bolger Green Lori Scott, P.
Booher Gregory Lund Scripps
Brown, L. Griffin Marleau Segal
Brown, T. Haase Mayes Sheltrown
Byrnes Haines McDowell Simpson
Byrum Hammel Meadows Slavens
Calley Hansen Meekhof Slezak
Caul Haugh Melton Smith
Clemente Haveman Meltzer Spade
Constan Hildenbrand Miller Stamas
Corriveau Horn Moss Stanley
Coulouris Huckleberry Nathan Switalski
Crawford Jackson Nerat Tlaib
Cushingberry Jones, Rick Neumann Tyler
Daley Jones, Robert Opsommer Valentine
Dean Kandrevas Pavlov Walsh
Denby Kennedy Pearce Warren
DeShazor Knollenberg Polidori Womack
Dillon Kowall Proos Young
Donigan Kurtz
Nays—2
Amash McMillin
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Angerer, Ball, Bolger, Terry Brown, Byrum, Calley, Constan, Crawford, Cushingberry, Daley, Dean, Denby, Durhal, Espinoza, Geiss, Gonzales, Griffin, Haase, Hansen, Haugh, Haveman, Hildenbrand, Huckleberry, Jackson, Robert Jones, Kowall, Lemmons, Lori, Mayes, Meadows, Meekhof, Pearce, Polidori, Wayne Schmidt, Schuitmaker, Paul Scott, Scripps, Segal, Slavens, Slezak, Spade, Stamas, Tyler and Valentine were named co‑sponsors of the bill.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4450, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 710d (MCL 257.710d), as amended by 1999 PA 29.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4998, entitled
A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending sections 11 and 19 (MCL 141.1361 and 141.1369).
The Senate has appointed Senators Allen, Gilbert and Hunter as conferees to join with Representatives Johnson, Donigan and Walsh.
The bill was referred to the Conference Committee on June 24, 2009.
Senate Bill No. 586, entitled
A bill to amend 1987 PA 264, entitled “Health and safety fund act,” by amending section 5 (MCL 141.475), as amended by 2008 PA 586.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Allen, Gilbert and Hunter as conferees.
The message was referred to the Clerk for record.
Senate Bill No. 587, entitled
A bill to amend 1985 PA 106, entitled “State convention facility development act,” by amending sections 3, 8, 9, 10, and 12 (MCL 207.623, 207.628, 207.629, 207.630, and 207.632), as amended by 2008 PA 553.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Allen, Gilbert and Hunter as conferees.
The message was referred to the Clerk for record.
Senate Bill No. 588, entitled
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 7 (MCL 12.257), as amended by 2008 PA 256.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Allen, Gilbert and Hunter as conferees.
The message was referred to the Clerk for record.
Notices
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 586, Reps. Johnson, Donigan and Walsh.
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 587, Reps. Johnson, Donigan and Walsh.
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 588, Reps. Johnson, Donigan and Walsh.
Pursuant to Rule 41, the Speaker has made the following reassignment:
Senate Bill No. 493 referred to the Committee on New Economy and Quality of Life on June 25, 2009.
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 5058, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Iosco county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
The bill was read a second time.
Rep. Sheltrown moved to amend the bill as follows:
1. Amend page 3, line 17, after “purchaser” by striking out “of” and inserting “or”.
2. Amend page 3, line 23, after the second “the” by striking out “general” and inserting “game and fish protection account of the Michigan conservation and recreation legacy”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Sheltrown moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5058, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Iosco county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 341 Yeas—74
Agema Durhal Kandrevas Pearce
Amash Elsenheimer Kennedy Polidori
Angerer Espinoza Knollenberg Proos
Ball Geiss Kowall Rocca
Bolger Genetski Kurtz Rogers
Booher Green Leland Schmidt, W.
Brown, T. Gregory Lemmons Schuitmaker
Calley Griffin Lund Scott, P.
Caul Haines Marleau Sheltrown
Clemente Hansen Mayes Simpson
Constan Haugh McMillin Slezak
Corriveau Haveman Meadows Stamas
Coulouris Hildenbrand Meekhof Stanley
Cushingberry Horn Melton Switalski
Daley Huckleberry Meltzer Tyler
Dean Jackson Moss Walsh
Denby Johnson Opsommer Womack
DeShazor Jones, Rick Pavlov Young
Dillon Jones, Robert
Nays—35
Barnett Ebli Lori Scripps
Bauer Gonzales McDowell Segal
Bennett Haase Miller Slavens
Bledsoe Hammel Nathan Smith
Brown, L. Lahti Nerat Spade
Byrnes LeBlanc Neumann Tlaib
Byrum Lindberg Roberts Valentine
Crawford Lipton Schmidt, R. Warren
Donigan Liss Scott, B.
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4435, entitled
A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
(The bill was received from the Senate on June 23, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 24, see House Journal No. 58, p. 1167.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 342 Yeas—0
Nays—109
Agema Durhal Kurtz Proos
Amash Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Genetski Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen McMillin Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Jones, Robert Neumann Valentine
Dean Kandrevas Opsommer Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Dillon Kowall Polidori Young
Donigan
In The Chair: Byrnes
The Speaker laid before the House
House Bill No. 4441, entitled
A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2010; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
(The bill was received from the Senate on June 23, with substitute (S-1), consideration of which, under the rules, was postponed until June 24, see House Journal No. 58, p. 1168.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 343 Yeas—0
Nays—109
Agema Durhal Kurtz Proos
Amash Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Genetski Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen McMillin Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Jones, Robert Neumann Valentine
Dean Kandrevas Opsommer Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Dillon Kowall Polidori Young
Donigan
In The Chair: Byrnes
The Speaker laid before the House
House Bill No. 4437, entitled
A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.
(The bill was received from the Senate on June 24, with substitute (S-1), consideration of which, under the rules, was postponed until today, see House Journal No. 59, p. 1189.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 344 Yeas—0
Nays—109
Agema Durhal Kurtz Proos
Amash Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Genetski Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen McMillin Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Jones, Robert Neumann Valentine
Dean Kandrevas Opsommer Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Dillon Kowall Polidori Young
Donigan
In The Chair: Byrnes
The Speaker laid before the House
House Bill No. 4446, entitled
A bill to make appropriations for the departments of environmental quality and natural resources for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
(The bill was received from the Senate on June 24, with substitute (S-1) and title amendment, consideration of which, under the rules, was postponed until today, see House Journal No. 59, p. 1189.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 345 Yeas—0
Nays—109
Agema Durhal Kurtz Proos
Amash Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Genetski Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen McMillin Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Jones, Robert Neumann Valentine
Dean Kandrevas Opsommer Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Dillon Kowall Polidori Young
Donigan
In The Chair: Byrnes
House Bill No. 4436, entitled
A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to create funds; to require and provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1).
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 346 Yeas—0
Nays—109
Agema Durhal Kurtz Proos
Amash Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Genetski Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen McMillin Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Jones, Robert Neumann Valentine
Dean Kandrevas Opsommer Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Dillon Kowall Polidori Young
Donigan
In The Chair: Byrnes
House Bill No. 4447, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 11n, 15, 18, 20, 20d, 20j, 22a, 22b, 22d, 22e, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32c, 32d, 32j, 32l, 32n, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 54c, 56, 57, 61a, 62, 64, 65, 74, 81, 94a, 98, 99, 99a, 99n, 99p, 101, 104, 107, 147, and 164c (MCL 388.1603, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1611n, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1622e, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1629, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632c, 388.1632d, 388.1632j, 388.1632l, 388.1632n, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a, 388.1654c, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1664, 388.1665, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1699a, 388.1699n, 388.1699p, 388.1701, 388.1704, 388.1707, 388.1747, and 388.1764c), sections 3, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 20d, 22a, 22b, 22d, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32c, 32d, 32j, 32l, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 54c, 56, 57, 61a, 62, 64, 65, 74, 81, 94a, 98, 99, 99p, 104, 107, 147, and 164c as amended and sections 11n, 22e, and 99a as added by 2008 PA 268, section 8b as amended by 2007 PA 92, sections 20, 20j, and 32b as amended by 2008 PA 561, section 32n as added by 2007 PA 137, section 99n as added by 2008 PA 112, and section 101 as amended by 2006 PA 342, and by adding sections 22f, 32a, and 98a; and to repeal acts and parts of acts.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and amended the title to read as follows:
A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 3, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 20, 20d, 20j, 22a, 22b, 22d, 22e, 24, 24a, 24c, 26a, 26b, 31a, 31d, 31f, 32b, 32d, 32j, 39a, 51a, 51c, 51d, 53a, 54, 61a, 64, 74, 81, 94a, 98, 99, 99i, 101, 104, 104b, 107, 147, and 164c (MCL 388.1603, 388.1606, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1622e, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632d, 388.1632j, 388.1639a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1661a, 388.1664, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1699i, 388.1701, 388.1704, 388.1704b, 388.1707, 388.1747, and 388.1764c), sections 3, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 20d, 22a, 22b, 22d, 24, 24a, 24c, 26a, 26b, 31a, 31d, 31f, 32d, 32j, 39a, 51a, 51c, 51d, 53a, 54, 61a, 64, 74, 81, 94a, 98, 99, 99i, 104, 104b, 107, 147, and 164c as amended and section 22e as added by 2008 PA 268, sections 20, 20j, and 32b as amended by 2008 PA 561, and section 101 as amended by 2006 PA 342; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 347 Yeas—0
Nays—109
Agema Durhal Kurtz Proos
Amash Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Genetski Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen McMillin Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Jones, Robert Neumann Valentine
Dean Kandrevas Opsommer Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Dillon Kowall Polidori Young
Donigan
In The Chair: Byrnes
Second Reading of Bills
House Bill No. 5099, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88k (MCL 125.2088k), as added by 2005 PA 215.
The bill was read a second time.
Rep. McMillin moved to amend the bill as follows:
1. Amend page 11, following line 4, by inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 71 of the 95th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. McMillin moved to substitute (H-1) the bill.
The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Clemente moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5099, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88k (MCL 125.2088k), as added by 2005 PA 215.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 348 Yeas—94
Angerer Donigan Lahti Rogers
Ball Durhal LeBlanc Schmidt, R.
Barnett Ebli Leland Schmidt, W.
Bauer Espinoza Lemmons Schuitmaker
Bennett Geiss Lindberg Scott, B.
Bledsoe Gonzales Lipton Scott, P.
Bolger Gregory Liss Scripps
Booher Griffin Lori Segal
Brown, L. Haase Marleau Sheltrown
Brown, T. Haines Mayes Simpson
Byrnes Hansen McDowell Slavens
Byrum Haugh Meadows Slezak
Calley Hildenbrand Melton Spade
Caul Horn Moss Stamas
Clemente Huckleberry Nathan Stanley
Constan Jackson Nerat Switalski
Corriveau Johnson Neumann Tlaib
Coulouris Jones, Rick Pavlov Tyler
Crawford Jones, Robert Pearce Valentine
Cushingberry Kandrevas Polidori Walsh
Dean Kennedy Proos Warren
Denby Knollenberg Roberts Womack
DeShazor Kowall Rocca Young
Dillon Kurtz
Nays—15
Agema Genetski Lund Miller
Amash Green McMillin Opsommer
Daley Hammel Meekhof Smith
Elsenheimer Haveman Meltzer
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5100, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88b (MCL 125.2088b), as amended by 2008 PA 175.
The bill was read a second time.
Rep. McMillin moved to substitute (H-1) the bill.
The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Clemente moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5100, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88b (MCL 125.2088b), as amended by 2008 PA 175.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 349 Yeas—94
Angerer Donigan Lahti Rogers
Ball Durhal LeBlanc Schmidt, R.
Barnett Ebli Leland Schmidt, W.
Bauer Espinoza Lemmons Schuitmaker
Bennett Geiss Lindberg Scott, B.
Bledsoe Gonzales Lipton Scott, P.
Bolger Gregory Liss Scripps
Booher Griffin Lori Segal
Brown, L. Haase Marleau Sheltrown
Brown, T. Haines Mayes Simpson
Byrnes Hansen McDowell Slavens
Byrum Haugh Meadows Slezak
Calley Hildenbrand Melton Spade
Caul Horn Moss Stamas
Clemente Huckleberry Nathan Stanley
Constan Jackson Nerat Switalski
Corriveau Johnson Neumann Tlaib
Coulouris Jones, Rick Pavlov Tyler
Crawford Jones, Robert Pearce Valentine
Cushingberry Kandrevas Polidori Walsh
Dean Kennedy Proos Warren
Denby Knollenberg Roberts Womack
DeShazor Kowall Rocca Young
Dillon Kurtz
Nays—15
Agema Genetski Lund Miller
Amash Green McMillin Opsommer
Daley Hammel Meekhof Smith
Elsenheimer Haveman Meltzer
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
Senate Bill No. 250, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib and Green
Nays: Reps. Booher, Caul, Hildenbrand, Lori and Proos
Second Reading of Bills
Senate Bill No. 250, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Genetski moved to amend the bill as follows:
1. Amend page 17, following line 27, by inserting:
“Sec. 238. (1) It is the intent of the legislature that any federal dollars appropriated in part 1 from the American Recovery and Reinvestment Act of 2009, Public Law 111-5 shall not be included in the base funding for any program but will be maintained in separate line items.
(2) In addition to the funds appropriated in part 1, any additional federal funding awarded to Michigan through recalculation of formulas and under the redistribution provisions of the American Recovery and Reinvestment Act of 2009, Public Law 111-5 shall also be allocated in separate line items and will not be included in base funding for any program.
Sec. 239. From the funds appropriated in part 1, the department shall develop, post, and maintain on a user-friendly and publicly accessible Internet site, all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made. Funds appropriated in part 1 from the federal American Recovery and Reinvestment Act shall also be included on a publicly accessible website maintained by the Michigan economic recovery office. The department shall not provide financial information on its website under this section if doing so would violate a federal or state law, rule, regulation, or guideline that establishes privacy or security standards applicable to that section.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Angerer moved that Rep. Dillon be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 250, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 350 Yeas—70
Angerer Donigan Kowall Rogers
Ball Durhal LeBlanc Schmidt, R.
Barnett Ebli Leland Schmidt, W.
Bauer Elsenheimer Lemmons Scott, B.
Bennett Espinoza Lindberg Scripps
Bledsoe Geiss Lipton Segal
Brown, L. Genetski Lund Slavens
Brown, T. Gonzales Marleau Slezak
Byrnes Green Mayes Smith
Byrum Gregory McDowell Spade
Clemente Griffin Meadows Stanley
Constan Hammel Melton Switalski
Corriveau Haugh Meltzer Tlaib
Coulouris Jackson Miller Valentine
Crawford Johnson Moss Walsh
Cushingberry Jones, Rick Nathan Warren
Dean Jones, Robert Rocca Womack
Denby Kennedy
Nays—38
Agema Hansen Lori Proos
Amash Haveman McMillin Roberts
Bolger Hildenbrand Meekhof Schuitmaker
Booher Horn Nerat Scott, P.
Calley Huckleberry Neumann Sheltrown
Caul Kandrevas Opsommer Simpson
Daley Knollenberg Pavlov Stamas
DeShazor Kurtz Pearce Tyler
Haase Lahti Polidori Young
Haines Liss
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4438, entitled
A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.
(The bill was received from the Senate on June 23, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 24, see House Journal No. 58, p. 1167.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Terry Brown moved to substitute (H-3) the Senate substitute (S-1).
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1), as substituted (H-3), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 351 Yeas—73
Angerer Ebli Lahti Rogers
Barnett Espinoza LeBlanc Schmidt, R.
Bauer Geiss Leland Scott, B.
Bennett Gonzales Lemmons Scripps
Bledsoe Gregory Lindberg Segal
Brown, L. Griffin Lipton Sheltrown
Brown, T. Haase Liss Simpson
Byrnes Haines Mayes Slavens
Byrum Hammel McDowell Slezak
Caul Hansen Meadows Smith
Clemente Haugh Melton Spade
Constan Horn Miller Stanley
Corriveau Huckleberry Nathan Switalski
Coulouris Jackson Nerat Tlaib
Crawford Johnson Neumann Valentine
Cushingberry Jones, Robert Polidori Warren
Dean Kandrevas Roberts Womack
Donigan Kennedy Rocca Young
Durhal
Nays—35
Agema Elsenheimer Lori Pearce
Amash Genetski Lund Proos
Ball Green Marleau Schmidt, W.
Bolger Haveman McMillin Schuitmaker
Booher Hildenbrand Meekhof Scott, P.
Calley Jones, Rick Meltzer Stamas
Daley Knollenberg Moss Tyler
Denby Kowall Opsommer Walsh
DeShazor Kurtz Pavlov
In The Chair: Byrnes
House Bill No. 4721, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 11, 11j, 11n, 20, 22a, 22b, 26a, 51a, 51c, 53a, and 94a (MCL 388.1606, 388.1611, 388.1611j, 388.1611n, 388.1620, 388.1622a, 388.1622b, 388.1626a, 388.1651a, 388.1651c, 388.1653a, and 388.1694a), sections 6, 11, 11j, 22a, 22b, 26a, 51a, 51c, 53a, and 94a as amended and section 11n as added by 2008 PA 268 and section 20 as amended by 2008 PA 561, and by adding section 98a.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and amended the title to read as follows:
A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 6, 11, 11j, 11n, 20, 22a, 22b, 26a, 31a, 51a, 51c, 53a, and 94a (MCL 388.1606, 388.1611, 388.1611j, 388.1611n, 388.1620, 388.1622a, 388.1622b, 388.1626a, 388.1631a, 388.1651a, 388.1651c, 388.1653a, and 388.1694a), sections 6, 11, 11j, 22a, 22b, 26a, 31a, 51a, 51c, 53a, and 94a as amended and section 11n as added by 2008 PA 268 and section 20 as amended by 2008 PA 561, and by adding section 98a.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 352 Yeas—108
Agema Durhal Kurtz Proos
Amash Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Genetski Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen McMillin Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Jones, Robert Neumann Valentine
Dean Kandrevas Opsommer Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Donigan Kowall Polidori Young
Nays—0
In The Chair: Byrnes
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4310, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
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 Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 353 Yeas—88
Agema Durhal Leland Schmidt, R.
Angerer Ebli Lemmons Schmidt, W.
Ball Espinoza Lindberg Schuitmaker
Barnett Geiss Lipton Scott, B.
Bauer Gonzales Liss Scott, P.
Bennett Gregory Lori Scripps
Bledsoe Griffin Marleau Segal
Bolger Haase Mayes Sheltrown
Booher Haines McDowell Simpson
Brown, L. Hammel Meadows Slavens
Brown, T. Hansen Melton Slezak
Byrnes Haugh Miller Smith
Byrum Haveman Moss Spade
Caul Huckleberry Nathan Stanley
Clemente Jackson Nerat Switalski
Constan Johnson Neumann Tlaib
Corriveau Jones, Rick Opsommer Tyler
Coulouris Jones, Robert Pearce Valentine
Crawford Kandrevas Polidori Walsh
Cushingberry Kennedy Proos Warren
Dean Lahti Roberts Womack
Donigan LeBlanc Rocca Young
Nays—20
Amash Elsenheimer Knollenberg Meekhof
Calley Genetski Kowall Meltzer
Daley Green Kurtz Pavlov
Denby Hildenbrand Lund Rogers
DeShazor Horn McMillin Stamas
In The Chair: Byrnes
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Polidori, Lisa Brown, Geiss, Haveman, Knollenberg, Lahti, LeBlanc, Leland, Lipton, Liss, Pearce, Rocca, Stanley, Valentine, Barnett, Byrnes, Dean, Robert Jones, Terry Brown, Constan, Crawford, Haugh, Rick Jones, Kandrevas, Lemmons, Miller, Neumann, Spade, Clemente, Cushingberry and Walsh offered the following resolution:
House Resolution No. 112.
A resolution to urge the U.S. Department of State to work with Italian authorities to do all they can to maintain the Italian Consulate in Detroit.
Whereas, The history of the people of Michigan and the people of Italy has been marked by generations of personal, educational, cultural, and commercial relationships. The depth of these relationships is well expressed by the fact that the people of Italy have had a formal presence of their government in Detroit since 1899, when a consular agent was appointed; and
Whereas, Today, the Detroit Consulate of Italy has jurisdiction not only throughout Michigan, but also across Indiana, Ohio, Kentucky, and Tennessee. This facility, located in the Buhl Building in downtown Detroit, offers vital services to those seeking visas, businesses from America working with their counterparts in Italy, and Italian businesses operating in this country. Students, families, and entrepreneurs benefit from the assistance and cultural information booklets offered at the Italian Consulate; and
Whereas, The recent announcement by the Italian government of plans to close the Italian Consulate in Detroit has been met with surprise and concern throughout Michigan. With the historic realignment of the auto industry that includes the purchase by Italian car maker Fiat of major assets of Chrysler, it would seem as if the need for the services offered by the consulate would be increasing. Clearly, this transaction alone would seem more likely to create more demand for the official presence of the Italian government rather than less; now, therefore, be it
Resolved by the House of Representatives, That we urge the U.S. Department of State to work with Italian authorities to do all they can to maintain the Italian Consulate in Detroit; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the United States Secretary of State and to the Italian Consulate in Detroit.
The resolution was referred to the Committee on Government Operations.
Rep. Amash offered the following resolution:
House Resolution No. 113.
A resolution to affirm the individual rights secured under the Ninth Amendment to the Constitution of the United States and to urge the federal government to respect this fundamental protection.
Whereas, The Ninth Amendment to the Constitution of the United States reads as follows: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”; and
Whereas, The Ninth Amendment assures that the specific rights articulated elsewhere in the Bill of Rights are not limited to those mentioned. The overall impact of this language over the course of our nation’s history is to provide a check on the powers of the federal government to curb the individual rights of any citizen; and
Whereas, Those concerned over the trend towards increased federal government activism strongly feel that the protections assured in the Ninth Amendment, as well as the Tenth Amendment, which assures the rights of the states, are critical to the future of our system of self-government. Reminders of the steps our founders took to preserve the rights of individual citizens are altogether necessary and appropriate; now, therefore, be it
Resolved by the House of Representatives, That we affirm the individual rights secured under the Ninth Amendment to the Constitution of the United States and to urge the federal government to respect this fundamental protection; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, 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 Judiciary.
Reps. McMillin, Agema and Calley offered the following resolution:
House Resolution No. 114.
A resolution to memorialize the United States Congress to oppose any plans to implement a carbon dioxide cap and trade (tax) program.
Whereas, While striving to mitigate perceived global warming, many groups are calling for the implementation of what is called a carbon dioxide cap and trade program. Under a cap-and-trade program—which should really be called a “cap and tax” program—the U.S. government would set a gradually declining overall cap on the amount of carbon dioxide that can be emitted by American companies; and
Whereas, Cap and trade programs are complex schemes that obscure the true cost of limiting carbon dioxide emissions. Suppressing emissions of carbon dioxide would dramatically impact energy-producing industries and would stifle an American economy which is based on energy. Electricity, home heating fuels, and automotive fuel would become significantly more expensive. Energy intensive businesses, such as those dependent on advanced technologies, would face soaring costs which they would undoubtedly pass on to consumers. The Congressional Budget Office has estimated that a 15 percent cut of emissions would raise average household energy costs by almost $1,300 a year. This would constitute a huge “tax” on average Americans. Proponents of carbon cap and trade programs typically fail to mention the true costs to American consumers of implementing such programs; and
Whereas, Congressman John Dingell rightly proclaimed earlier this year when referring to this proposal, “It’s a great big tax,”; and
Whereas, A recent study showed that for every so-called green job created there is a loss of over two non-green jobs; and
Whereas, According to the National Aeronautics and Space Administration, 2008 was the coldest year since 2000 and global temperatures for the year were below the average of the past 30 years; and
Whereas, The result of this scheme would most definitely be a financial burden on middle and lower income families; and
Whereas, The current administration in Washington has gained and is attempting to gain more control over the private sector through ownership of automotive companies, financial institutions and healthcare. A carbon dioxide cap and trade program would give additional control to government over our lives and private business; and
Whereas, It is doubtful that a carbon dioxide cap and trade program would provide any real benefits. What is certain though, is that a carbon dioxide cap and tax program will saddle Americans with higher energy costs; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the United States Congress to oppose any plans to implement a national carbon cap and trade program; 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 Energy and Technology.
Reps. McMillin, Sheltrown, Agema, Calley, Dean, Caul, Genetski, Haveman, Pearce, Crawford, Haugh, Rick Jones and Meekhof offered the following resolution:
House Resolution No. 115.
A resolution to urge Eastern Michigan University to respect the religious rights of its students and staff and halt all discriminatory practices and to urge the Michigan Attorney General to investigate the Julea Ward case to determine if her civil rights have been violated.
Whereas, Julea Ward, a student in the Eastern Michigan University Graduate School of Counseling, was dismissed from this program in March 2009, over her response to a client prior to a counseling session. Ms. Ward apparently did not agree prior to the session to affirm the client’s homosexual behavior as morally acceptable. On the advice of her supervising professor, she referred the client to another counselor. Her case went before a review hearing, which resulted in her dismissal from the counseling program; and
Whereas, At the heart of this situation, which has drawn widespread attention and is currently the subject of a lawsuit filed with the U.S. District Court for the Eastern District of Michigan, is whether Ms. Ward’s dismissal was based on her religious beliefs. The university’s policies on counseling practices regarding homosexual relationships run counter to the tenets of her faith; and
Whereas, The university’s decision to discipline a student with dismissal near the conclusion of her program is most disturbing to many people. The actions Julea Ward did take, to refer the client to another counselor, do not at all seem disrespectful of the client or the client’s rights. This is in apparent sharp contrast to the manner in which Ms. Ward was treated when she exercised her own rights to follow her religious beliefs; now, therefore, be it
Resolved by the House of Representatives, That we urge Eastern Michigan University to respect the religious rights of its students and staff and halt all discriminatory practices and to urge the Michigan Attorney General to investigate the Julea Ward case to determine if her civil rights have been violated; and be it further
Resolved, That copies of this resolution be transmitted to the President and Regents of Eastern Michigan University and the Office of the Michigan Attorney General.
The resolution was referred to the Committee on Judiciary.
Reps. DeShazor, Agema, Haveman, Knollenberg, Pearce, Booher, Robert Jones, Bolger, Rick Jones, Tyler and Walsh offered the following resolution:
House Resolution No. 116.
A resolution requesting the principals of the Revenue Estimating Conference to hold monthly revenue estimating conferences until the 2009-2010 Fiscal Year and the 2010-2011 Fiscal Year budgets have been enacted.
Whereas, For almost three decades, Michigan has used a consensus estimating process to generate official estimates of the budget. The revenue estimating process was established by 1991 PA 72. The principals of the conference are the State Budget Director or the State Treasurer, the Director of the House Fiscal Agency, and the Director of the Senate Fiscal Agency; and
Whereas, The conference establishes an official economic forecast of the major variables of the national and state economies. The conference may request and receive from all public officers, departments, agencies, and authorities of the state the assistance and data needed to enable it to fulfill its duties. The conference develops forecasts in various areas: total GF/GP revenue, total School Aid revenue, School Foundation Index, compliance with the state revenue limit, and the Budget Stabilization Fund pay-ins and pay-outs; and
Whereas, The state of Michigan faces a difficult and unpredictable economic future. The revenue collected from Michigan’s General Fund and School Aid Fund earmarked taxes totaled $1.3 billion in May, which was down 13.4 percent from last year’s level. This marked the fourth consecutive month that tax collections have declined in excess of 10.0 percent. While collections for almost all of the major taxes experienced declines in May from their year-ago levels, the most significant declines were experienced by the sales, use, and income taxes. On a fiscal year-to-date basis, tax collections are down 12.9 percent or $1.5 billion from last year’s levels; and
Whereas, The Revenue Estimating Conference is required to meet each year in the second week of January and the last week of May. However, there is a provision in the statute that provides that upon the written request of a member of the Revenue Estimating Conference, a conference meeting shall be convened by the chairperson. In light of the falling revenues which Michigan is experiencing, it is critical that the Revenue Estimating Conference meet on a monthly basis to generate official estimates until the 2009-2010 Fiscal Year and the 2010-2011 Fiscal Year budgets have been enacted; now, therefore, be
Resolved by the House of Representatives, That we request the principals of the Revenue Estimating Conference to hold monthly revenue estimating conferences until the 2009-2010 Fiscal Year and the 2010-2011 Fiscal Year budgets have been enacted; and be it further
Resolved, That copies of this resolution be transmitted to the State Budget Director, State Treasurer, Senate Fiscal Agency Director, and the House Fiscal Agency Director.
The resolution was referred to the Committee on Appropriations.
Rep. Warren offered the following resolution:
House Resolution No. 117.
A resolution designating July 2009 as Michigan Craft Beer Month and commending the Michigan craft brewers.
Whereas, Michigan craft brewers are a vibrant affirmation and expression of Michigan entrepreneurial traditions, operating as community-based small businesses and providing employment for more than 1,000 workers; and
Whereas, Michigan has craft brewers in every region of the state and more than 70 craft brewers statewide; and
Whereas, The Michigan Brewers Guild is celebrating its 12-year anniversary of its Michigan Summer Beer Festival this July; and
Whereas, Michigan craft brewers support Michigan agriculture by purchasing beet sugar, cherries, and apples grown in Michigan; and
Whereas, Michigan craft brewers promote Michigan’s spirit of independence through a renaissance in hand-crafted beers like those first brought to Michigan by European settlers and produced here by our forefathers, including Bernhard Stroh, for the enjoyment of the citizenry; and
Whereas, Michigan craft brewers strive to educate legal drinking-age residents about the differences in beer flavor, aroma, color, alcohol content, body, and other complex variables, as well as historic brewing traditions, beer history, and gastronomic qualities of beer; and
Whereas, Michigan craft brewers champion the message of responsible enjoyment to their customers and work within their communities to prevent alcohol abuse and underage drinking; and
Whereas, Michigan craft brewers produce more than 100 distinct styles of flavorful beers, the quality and diversity of which have made Michigan the envy of many beer-drinking states, thereby contributing to balanced trade by reducing Michigan dependence on imported and other regional beers, supporting Michigan exports, and promoting Michigan tourism; and
Whereas, Michigan craft brewers are vested in the future, health, and welfare of their communities as employers providing a diverse array of quality local jobs, as contributors to the local tax base, and as committed sponsors of a broad range of vital community institutions and philanthropic causes, including not-for-profit housing development associations, chambers of commerce, humane societies, athletic teams, and medical research; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body designate July 2009 as Michigan Craft Beer Month as a celebration of the contributions that Michigan craft brewers have made to the state’s communities, economy, and history; and be it further
Resolved, That we commend Michigan craft brewers for providing jobs, improving the balance of trade, supporting Michigan agriculture, and educating residents about the history and culture of beer while promoting the responsible consumption of beer as a beverage of moderation.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Warren, Liss, Smith, Valentine, Byrnes, Haase, Lipton, Miller, Roberts, Donigan, Slavens, Hammel, Barnett, Kennedy, Lisa Brown, Bauer, Robert Jones, Geiss, Gonzales, Haugh, Neumann, Coulouris, Meadows, Lahti, Leland, Wayne Schmidt, Scripps, Stanley, Constan, Lemmons, Polidori and Cushingberry offered the following resolution:
House Resolution No. 118.
A resolution to memorialize Congress to adopt legislation expressing the sense that national health care reform should ensure that the health care needs of women and of all individuals in the United States are met.
Whereas, Women without health insurance bear significant threats to their health and the health of their children. Uninsured women with breast cancer are more likely to die from the disease than insured women with breast cancer. Uninsured women do not receive adequate cancer screening exams, putting them at greater risk of a diagnosis for late-stage cervical cancer. Thirteen percent of all pregnant women are uninsured, making them less likely to seek prenatal care and more likely to experience an adverse health outcome after giving birth. The lack of, or inadequate receipt of, prenatal care is associated with pregnancy-related mortality 2 to 3 times higher, and infant mortality 6 times higher, than that of women receiving early prenatal care, and also is associated with an increased risk of low birth weight and preterm birth; and
Whereas, Women rely on women’s health care providers throughout their lives, for comprehensive primary and preventive care, surgical care, and treatment and management of both acute and long-term health problems. A “medical home” should ensure each woman direct access to women’s health care providers and care coordination throughout her lifetime. Heart disease is the leading cause of death for both women and men, but women are less likely than men to receive lifestyle counseling, diagnostic and therapeutic procedures, and cardiac rehabilitation and are more likely to die or have a second heart attack, demonstrating inequalities between women and men in access to health care; and
Whereas, High-costs of health care hit women particularly hard. Women pay sixty-eight percent more than men for out-of-pocket medical costs, due in large part to reproductive health care needs. In 2004, one in six women with individual health care coverage postponed, or went without, needed health care because they could not afford it. High-deductible health insurance plans are marketed as inexpensive options to young women, yet such plans often fail to cover pregnancy-related care, the most expensive health care event most young families face and the leading cause of hospital stays for young women; and
Whereas, Affordable health care is needed by women throughout life’s transitions, including starting a family, changing jobs, working part-time or full-time, divorce, caring for an elderly or sick family member, having a major disease, and retirement. Women are less likely than men to receive health insurance through their employers and more likely than men to be insured as a dependent, making them more vulnerable than men to insurance loss in the event of divorce or death of a spouse. The lack of affordable health care coverage creates barriers for women who want to change jobs or create their own small businesses; now, therefore, be it
Resolved by the House of Representatives, That we memorialize Congress to adopt legislation expressing the sense that national health care reform should ensure that the health care needs of women and of all individuals in the United States are met; 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 Judiciary.
Reps. Slavens, Warren, Liss, Smith, Valentine, Byrnes, Miller, Donigan, Roberts, Lipton, Hammel, Barnett, Kennedy, Lisa Brown, Bauer, Robert Jones, Geiss, Gonzales, Haugh, Coulouris, Meadows, Agema, Leland, Scripps, Stanley, Terry Brown, Constan, Lemmons, Neumann, Polidori and Cushingberry offered the following resolution:
House Resolution No. 119.
A resolution to express the sense of this legislative body that the state of Michigan should intensify its efforts to reduce the high rates of teen pregnancies.
Whereas, More than 700,000 teenagers become pregnant each year in the United States; and
Whereas, The pregnancy rate for Michigan females aged 15-19 years old in 2006 was 54 per 1,000, and the birth rate for Michigan females aged 15-19 years old in 2006 was 33.8 per 1,000, resulting in 12,322 babies. This birth rate marked a 4 percent increase from 2005; and
Whereas, Despite progress over the last decade, 3 in 10 teenagers in the United States becomes pregnant, the highest teen pregnancy rate among comparable countries. After 14 straight years of decline, the national teen birth rate rose by 5 percent between 2005 and 2007; and
Whereas, Latina and African American teen girls are more likely than not to become pregnant before the age of 20, and Native American teens have a birth rate more than double that of non-Hispanic white teens; and
Whereas, Teen pregnancy is closely linked to a number of critical social issues, such as poverty, educational attainment, involvement in the criminal justice and child welfare systems, and more. Teen childbearing is estimated to cost taxpayers in this country $9.1 billion each year, most of which is due to costs associated with negative social and health outcomes for the children of teen parents; and
Whereas, A child is 9 times more likely to grow up in poverty if he or she is born to unmarried teen parents who have not yet completed high school. Less than half of mothers who have a child before they turn 18 ever graduate from high school, and less than two percent of mothers who have children before 18 have a college degree by age 30. Children of teen mothers are more likely to be born prematurely and at low birth weight. Children of teen parents are twice as likely to suffer abuse and neglect than would occur if their mothers had delayed childbearing and
Whereas, Fully 73 percent of adults and a plurality of teens wish that teens were getting more information about both abstinence and contraception; now, therefore be it
Resolved by the House of Representatives, That the members of this body believe that the state of Michigan should intensify its efforts to reduce the high rates of teen pregnancies and births by raising awareness about the importance of this critical issue, promoting parent-child communication, and investing in programs that have been proven to reduce teen pregnancy; and be it further
Resolved, That copies of this resolution be transmitted to the Department of Community Health.
The resolution was referred to the Committee on Judiciary.
Reps. Kennedy, Warren, Liss, Smith, Valentine, Byrnes, Lipton, Miller, Roberts, Slavens, Donigan, Hammel, Barnett, Lisa Brown, Bauer, Robert Jones, Geiss, Gonzales, Haugh, Coulouris, Meadows, Leland, Stanley, Lemmons, Polidori and Cushingberry offered the following resolution:
Rep. Warren offered the following resolution:
House Resolution No. 120.
A resolution to memorialize the Congress of the United States to enact the Prevention First Act to increase access to birth control to prevent unintended pregnancies and reduce the need for abortions.
Whereas, Improving access to preventive health care and supporting healthy families should be a shared national goal. Increased government funding would ameliorate the problems of unintended pregnancies and high rates of sexually-transmitted disease, as well as the current insufficient levels of funds to address these crises; and
Whereas, The Prevention First campaign is a family planning initiative that expands access to preventive health care services and education programs to help reduce unintended pregnancy, prevent the spread of sexually transmitted infections, and support healthy families by improving women’s health. Increasing funds to Title X clinics to provide family planning services should be a priority; and
Whereas, Private health plans should be required to cover FDA-approved prescription contraceptives and related medical services. The development and dissemination of information about and access to emergency contraception (EC) to the public should be a priority. Comprehensive, medically accurate sex education programs should be required that teach young people about abstinence, health, and contraceptives; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact the Prevention First Act to prevent unintended pregnancies and reduce the need for abortion; 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 Judiciary.
Reps. Proos, Tyler, Rogers, Horn, Pavlov, Pearce, Stamas, Polidori, Lori, Schuitmaker, Robert Jones, Lisa Brown, Barnett, Scripps, Hammel, Bennett, Sheltrown, Wayne Schmidt, Knollenberg, DeShazor, Geiss, Haveman, Lahti, LeBlanc, Leland, Mayes, Stanley, Valentine, Byrnes, Caul, Dean, Terry Brown, Constan, Haugh, Rick Jones, Lemmons, Miller, Neumann and Cushingberry offered the following resolution:
House Resolution No. 122.
A resolution to recognize June 28-July 5, 2009, as Fun, Safe Swimming Week in the state of Michigan.
Whereas, Michigan is a popular vacation spot with more than 3,000 miles of Great Lakes shoreline, more than 11,000 inland lakes, and abundant streams and waterways; and
Whereas, Swimming is a popular form of summer exercise and recreation among people who want to strengthen their cardiovascular system and get a full-body workout, or just cool off; and
Whereas, Summer is a time for families and friends to enjoy get-togethers and parties around pools and other water; and
Whereas, Every summer there are drownings, near-drownings, and diving accidents. We recommend that every family enroll its children in a safe swimming course; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare June 28-July 5, 2009, as Fun, Safe Swimming Week in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Segal, Warren, Liss, Smith, Valentine, Byrnes, Haase, Donigan, Roberts, Slavens, Lipton, Hammel, Switalski, Barnett, Lisa Brown, Bauer, Robert Jones, Geiss, Gonzales, Haugh, Neumann, Meadows, Coulouris, DeShazor, Kennedy, Lahti, Leland, Pearce, Scripps, Dean, Terry Brown, Constan, McDowell, Polidori and Cushingberry offered the following concurrent resolution:
House Concurrent Resolution No. 23.
A concurrent resolution to urge the Department of Community Health to promote programs to identify and address inequities in the prevention, treatment, and research of diseases threatening the health of women.
Whereas, There is substantial research indicating that women do not receive the same level of health care as men. Women are less often referred for diagnostic tests, are less represented in health studies, and are less often treated for diseases compared to men with the same condition. There is considerable evidence that women receive less aggressive treatment for certain illnesses, including cardiovascular problems, than men with similar symptoms; and
Whereas, Physiological differences between men and women contribute to significant distinctions in how certain diseases are diagnosed and treated and the levels of attention from the medical research community. Women smokers are far more likely to develop lung cancer, far more vulnerable to HIV in contacts with men, and far more likely to live in a long-term facility. Women also face difficulties with insurance beyond those faced by men; and
Whereas, In spite of efforts by women’s groups to achieve parity in treatment and research, there are many aspects of health care that need to be examined before true equity is realized; and
Whereas, Government agencies and policies play an important role in promoting public health. Public funding for programs, initiatives to increase public awareness of health problems, and encouragement of research can make an enormous difference in how a specific problem is addressed; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we urge the Department of Community Health to promote programs to identify and address inequities in the prevention, treatment, and research of diseases threatening the health of women; and be it further
Resolved, That copies of this resolution be transmitted to the Department of Community Health.
The concurrent resolution was referred to the Committee on Judiciary.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, June 25, for her approval of the following bills:
Enrolled House Bill No. 4450 at 3:24 p.m.
Enrolled House Bill No. 4743 at 3:26 p.m.
Enrolled House Bill No. 4749 at 3:28 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, June 25:
House Bill Nos. 5139 5140 5141 5142
The Clerk announced that the following Senate bills had been received on Thursday, June 25:
Senate Bill Nos. 449 470 612 613 614 615
Messages from the Senate
Senate Bill No. 612, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 62 (MCL 421.62), as amended by 1995 PA 125.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Labor.
Senate Bill No. 613, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 54 (MCL 421.54), as amended by 2002 PA 192.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Labor.
Senate Bill No. 614, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 15 (MCL 421.15), as amended by 1996 PA 498.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Labor.
Senate Bill No. 615, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 10 (MCL 421.10), as amended by 2003 PA 84.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Labor.
Introduction of Bills
Reps. Dean, Lipton, Huckleberry, Robert Jones, Geiss, Jackson, Johnson, Neumann, Terry Brown, Booher, Ball, Hildenbrand, Horn, Scripps, Opsommer, DeShazor, Hansen, Agema, Haveman, Valentine, Meekhof, Pearce, Lori and McMillin introduced
House Bill No. 5143, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 606, 627, 628, and 629 (MCL 257.606, 257.627, 257.628, and 257.629), section 606 as amended by 1980 PA 518 and sections 627, 628, and 629 as amended by 2006 PA 85.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Roberts, Haase, Lisa Brown, Segal, Kennedy, Huckleberry, Robert Jones, Slavens, Scripps, Warren, Valentine, Stanley and Switalski introduced
House Bill No. 5144, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2035.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Huckleberry, Durhal, Segal, Haase, Liss, Roberts, Robert Jones, Jackson, Simpson, Nathan, Slavens, Tlaib, Young, Donigan, Bauer, Switalski, Barnett and Slezak introduced
House Bill No. 5145, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2026c.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Johnson, Lisa Brown, Slezak and Nathan introduced
House Bill No. 5146, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2027b.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Switalski, Roberts, Huckleberry and Haase introduced
House Bill No. 5147, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2026b.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Haase, Roberts, Lisa Brown, Segal, Liss, Huckleberry, Robert Jones, Kennedy, Jackson, Slavens, Nathan, Leland, Barnett, Tlaib, Switalski, Young, Durhal, Bettie Scott, Scripps, Constan and Dean introduced
House Bill No. 5148, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15a of chapter XVII (MCL 777.15a), as added by 2002 PA 206.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Ebli introduced
House Bill No. 5149, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2035a.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Segal, Haase, Liss, Huckleberry, Roberts, Haugh, Barnett, Slavens, Nathan and Lisa Brown introduced
House Bill No. 5150, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2027a.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Tlaib, Switalski, Roberts, Slavens, Constan, Huckleberry, Johnson, Kandrevas, Slezak, Haugh, Liss, Haase, Womack, Cushingberry, Miller, Jackson, Durhal, Young, Geiss, Stanley, Bledsoe, Segal, Donigan, Coulouris, Bennett, Bettie Scott, Nathan and Lisa Brown introduced
House Bill No. 5151, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2090a.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Cushingberry introduced
House Bill No. 5152, entitled
A bill to amend 1990 PA 72, entitled “Local government fiscal responsibility act,” by amending section 33 (MCL 141.1233), as amended by 2002 PA 408.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Robert Jones and Schuitmaker introduced
House Bill No. 5153, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 513 (MCL 436.1513), as amended by 2009 PA 48.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Pearce, Bolger, Tyler, Paul Scott, Green, Hildenbrand, Meekhof, Haines, Denby, Meltzer, Walsh, Knollenberg, DeShazor, Kurtz, Pavlov, Daley, Haveman, Crawford, Rocca, Proos, Agema and Marleau introduced
House Bill No. 5154, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 259.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Warren, Bledsoe, Liss, Smith, Valentine, Byrnes, Haase, Miller, Donigan, Roberts, Slavens, Lipton, Hammel, Barnett, Kennedy, Lisa Brown, Bauer, Robert Jones, Geiss, Gonzales, Haugh, Coulouris and Meadows introduced
House Bill No. 5155, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20190.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Byrnes, Bledsoe, Warren, Liss, Smith, Valentine, Lipton, Miller, Roberts, Slavens, Donigan, Hammel, Lisa Brown, Robert Jones, Gonzales, Haugh and Coulouris introduced
House Bill No. 5156, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Roberts, Bledsoe, Warren, Liss, Smith, Valentine, Byrnes, Lipton, Miller, Slavens, Hammel, Donigan, Barnett, Kennedy, Lisa Brown, Bauer, Robert Jones, Geiss, Gonzales, Haugh, Coulouris and Meadows introduced
House Bill No. 5157, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 416e.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Meadows, Bledsoe, Warren, Liss, Smith, Valentine, Byrnes, Lipton, Miller, Roberts, Donigan, Slavens, Hammel, Barnett, Kennedy, Lisa Brown, Bauer, Robert Jones, Gonzales, Haugh and Coulouris introduced
House Bill No. 5158, entitled
A bill to require that crisis pregnancy organizations obtain informed consent from women served by those organizations; and to provide remedies and prescribe penalties.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Hammel, Bledsoe, Warren, Liss, Smith, Valentine, Byrnes, Lipton, Miller, Roberts, Slavens, Donigan, Barnett, Kennedy, Lisa Brown, Bauer, Robert Jones, Geiss, Gonzales, Haugh, Coulouris and Meadows introduced
House Bill No. 5159, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Miller, Bledsoe, Warren, Liss, Smith, Valentine, Byrnes, Lipton, Roberts, Slavens, Donigan, Hammel, Barnett, Kennedy, Lisa Brown, Bauer, Robert Jones, Geiss, Gonzales, Haugh and Coulouris introduced
House Bill No. 5160, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 416e.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Valentine, Warren, Bledsoe, Liss, Smith, Byrnes, Miller, Donigan, Roberts, Slavens, Lipton, Hammel, Lisa Brown, Bauer and Coulouris introduced
House Bill No. 5161, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 416e.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Liss, Warren, Bledsoe, Smith, Valentine, Byrnes, Haase, Miller, Donigan, Roberts, Slavens, Lipton, Hammel, Barnett, Kennedy, Lisa Brown, Bauer, Robert Jones, Geiss, Gonzales, Haugh, Neumann, Coulouris and Meadows introduced
House Bill No. 5162, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Smith, Bledsoe, Warren, Liss, Valentine, Byrnes, Miller, Donigan, Roberts, Slavens, Lipton, Hammel, Barnett, Kennedy, Lisa Brown, Bauer, Robert Jones, Geiss, Gonzales, Haugh, Neumann, Coulouris and Meadows introduced
House Bill No. 5163, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1169, 1507, and 1507b (MCL 380.1169, 380.1507, and 380.1507b), sections 1169 and 1507 as amended and section 1507b as added by 2004 PA 165.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Lisa Brown, Warren, Liss, Bledsoe, Smith, Valentine, Byrnes, Miller, Donigan, Roberts, Slavens, Lipton, Hammel, Switalski, Barnett, Kennedy, Bauer, Tlaib, Robert Jones, Geiss, Gonzales, Haugh, Coulouris and Meadows introduced
House Bill No. 5164, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17751 and 17763 (MCL 333.17751 and 333.17763), as amended by 2006 PA 672.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Donigan, Warren, Bledsoe, Liss, Smith, Valentine, Byrnes, Miller, Roberts, Slavens, Lipton, Hammel, Barnett, Kennedy, Lisa Brown, Bauer, Robert Jones, Geiss, Gonzales, Haugh, Coulouris and Meadows introduced
House Bill No. 5165, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 98.
The bill was read a first time by its title and referred to the Committee on Judiciary.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
Senate Bill No. 596, entitled
A bill to authorize the state administrative board to convey certain state owned property in Delta county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget; and to provide for disposition of the revenue from the conveyance.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Booher, Caul, Green, Haines, Lori, Proos, Rogers and Schuitmaker
Nays: Reps. Agema and Genetski
Second Reading of Bills
Senate Bill No. 596, entitled
A bill to authorize the state administrative board to convey certain state owned property in Delta county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget; and to provide for disposition of the revenue from the conveyance.
The bill was read a second time.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 596, entitled
A bill to authorize the state administrative board to convey certain state owned property in Delta county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget; and to provide for disposition of the revenue from the conveyance.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 354 Yeas—109
Agema Durhal Kurtz Proos
Amash Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Genetski Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen McMillin Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Jones, Robert Neumann Valentine
Dean Kandrevas Opsommer Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Dillon Kowall Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
Senate Bill No. 237, entitled
A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib and Lori
Nays: Reps. Moss, Agema, Genetski, Green, Haines, Hildenbrand and Rogers
Second Reading of Bills
Senate Bill No. 237, entitled
A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Moss moved to amend the bill as follows:
1. Amend page 20, following line 7, by inserting:
“Sec. 239. (1) From the funds appropriated in part 1, the department shall develop, post, and maintain on a user-friendly and publicly accessible Internet site, all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made. Funds appropriated in part 1 from the federal American Recovery and Reinvestment Act shall also be included on a publicly accessible website maintained by the Michigan economic recovery office. The department shall not provide financial information on its website under this section if doing so would violate a federal or state law, rule, regulation, or guideline that establishes privacy or security standards applicable to that section.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Booher moved to amend the bill as follows:
1. Amend page 3, line 4, by striking out “2,974,300” and inserting “2,728,300”.
2. Amend page 5, line 12, by striking out “2,974,300” and inserting “2,728,300” and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 237, entitled
A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 355 Yeas—68
Angerer Durhal LeBlanc Schmidt, R.
Barnett Ebli Leland Scott, B.
Bauer Espinoza Lemmons Scripps
Bennett Geiss Lindberg Segal
Bledsoe Gonzales Lipton Sheltrown
Brown, L. Gregory Liss Simpson
Brown, T. Griffin Lori Slavens
Byrnes Haase Mayes Slezak
Byrum Hammel McDowell Smith
Clemente Haugh Meadows Spade
Constan Huckleberry Melton Stanley
Corriveau Jackson Miller Switalski
Coulouris Johnson Nathan Tlaib
Cushingberry Jones, Robert Nerat Valentine
Dean Kandrevas Neumann Warren
Dillon Kennedy Polidori Womack
Donigan Lahti Roberts Young
Nays—41
Agema Elsenheimer Kowall Pearce
Amash Genetski Kurtz Proos
Ball Green Lund Rocca
Bolger Haines Marleau Rogers
Booher Hansen McMillin Schmidt, W.
Calley Haveman Meekhof Schuitmaker
Caul Hildenbrand Meltzer Scott, P.
Crawford Horn Moss Stamas
Daley Jones, Rick Opsommer Tyler
Denby Knollenberg Pavlov Walsh
DeShazor
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Agema, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
This is a tax increase for milk producers. Ag is the second biggest business in Michigan. We should be more supportive of their industry. Why do we think we must tax industries out of business?”
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
Senate Bill No. 247, entitled
A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
Nays: None
Second Reading of Bills
Senate Bill No. 247, entitled
A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 247, entitled
A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 356 Yeas—107
Agema Durhal Kurtz Roberts
Angerer Ebli Lahti Rocca
Ball Elsenheimer LeBlanc Rogers
Barnett Espinoza Leland Schmidt, R.
Bauer Geiss Lemmons Schmidt, W.
Bennett Genetski Lindberg Schuitmaker
Bledsoe Gonzales Lipton Scott, B.
Bolger Green Liss Scott, P.
Booher Gregory Lori Scripps
Brown, L. Griffin Lund Segal
Brown, T. Haase Marleau Sheltrown
Byrnes Haines Mayes Simpson
Byrum Hammel McDowell Slavens
Calley Hansen Meadows Slezak
Caul Haugh Meekhof Smith
Clemente Haveman Melton Spade
Constan Hildenbrand Meltzer Stamas
Corriveau Horn Miller Stanley
Coulouris Huckleberry Moss Switalski
Crawford Jackson Nathan Tlaib
Cushingberry Johnson Nerat Tyler
Daley Jones, Rick Neumann Valentine
Dean Jones, Robert Opsommer Walsh
Denby Kandrevas Pavlov Warren
DeShazor Kennedy Pearce Womack
Dillon Knollenberg Polidori Young
Donigan Kowall Proos
Nays—2
Amash McMillin
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4787, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 5 and 1280 (MCL 380.5 and 380.1280), section 5 as amended by 2005 PA 61 and section 1280 as amended by 2006 PA 123, and by adding sections 1280c and 1320 and part 6d.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Education,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
Rep. Melton moved to substitute (H-5) the bill.
The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Lisa Brown moved to amend the bill as follows:
1. Amend page 16, line 3, after “OPENINGS” by striking out the balance of the subparagraph and inserting a period.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Melton moved to amend the bill as follows:
1. Amend page 39, line 10, after “AGREEMENT” by inserting “THAT APPLIES TO THAT SCHOOL, AFTER ANY MODIFICATION OF THE COLLECTIVE BARGAINING AGREEMENT UNDER THIS SECTION,”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Melton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Angerer moved that Rep. Cushingberry be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4787, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 5 and 1280 (MCL 380.5 and 380.1280), section 5 as amended by 2005 PA 61 and section 1280 as amended by 2006 PA 123, and by adding sections 1280c and 1320 and part 6d.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 357 Yeas—70
Angerer Durhal LeBlanc Rocca
Ball Ebli Leland Schmidt, R.
Barnett Espinoza Lemmons Schmidt, W.
Bennett Geiss Lindberg Scott, P.
Bledsoe Gonzales Lipton Scripps
Booher Green Liss Segal
Brown, L. Gregory Mayes Sheltrown
Brown, T. Griffin McDowell Simpson
Byrnes Haase Meadows Slavens
Byrum Hammel Melton Slezak
Clemente Haugh Meltzer Spade
Constan Huckleberry Miller Stanley
Corriveau Jackson Nathan Switalski
Coulouris Johnson Nerat Tlaib
Dean Jones, Robert Neumann Valentine
DeShazor Kandrevas Polidori Walsh
Dillon Kennedy Roberts Womack
Donigan Lahti
Nays—38
Agema Genetski Lori Proos
Amash Haines Lund Rogers
Bauer Hansen Marleau Schuitmaker
Bolger Haveman McMillin Scott, B.
Calley Hildenbrand Meekhof Smith
Caul Horn Moss Stamas
Crawford Jones, Rick Opsommer Tyler
Daley Knollenberg Pavlov Warren
Denby Kowall Pearce Young
Elsenheimer Kurtz
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 5, 507, and 1701a (MCL 380.5, 380.507, and 380.1701a), section 5 as amended by 2005 PA 61, section 507 as amended by 1995 PA 289, and section 1701a as amended by 2008 PA 1, and by adding sections 1280c and 1320 and part 6d.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Schuitmaker, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
HB 4787/ 4788 - Turnaround schools
This legislation aims to impose sanctions on the worst performing public schools, most of which are high schools in high-poverty, urban areas. Unfortunately, many of the reforms in this legislation have been seriously watered down. At the same time, it holds charter schools to a more stringent standard than traditional public schools, making it even harder for charter schools to try to help where traditional public schools have failed.
This legislation also makes changes to union collective bargaining powers that are totally unrelated to the issue of failing school reforms. It reverses a number of cost-saving provisions that benefit unions at the expense of students. It even allows unions leverage over areas they should not control, such as the school start date.
For these reasons, I cannot support this bill at this time.”
Rep. Meekhof, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
This legislation aims to impose sanctions on the worst performing public schools, most of which are high schools in high-poverty, urban areas. Unfortunately, many of the reforms in this legislation have been seriously watered down. At the same time, it holds charter schools to a more stringent standard than traditional public schools, making it even harder for charter schools to try to help where traditional public schools have failed.
This legislation also makes changes to union collective bargaining powers that are totally unrelated to the issue of failing school reforms. It reverses a number of cost-saving provisions that benefit unions at the expense of students. It even allows unions leverage over areas they should not control, such as the school start date.
For these reasons, I cannot support this bill at this time.”
Second Reading of Bills
House Bill No. 4788, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 15 (MCL 423.215), as amended by 1994 PA 112.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Education,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. McMillin moved to substitute (H-4) the bill.
The motion did not prevail and the substitute (H-4) was not adopted, a majority of the members serving not voting therefor.
Rep. Johnson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4788, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 15 (MCL 423.215), as amended by 1994 PA 112.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 358 Yeas—68
Angerer Durhal LeBlanc Schmidt, R.
Barnett Ebli Leland Scott, B.
Bauer Espinoza Lemmons Scripps
Bennett Geiss Lindberg Segal
Bledsoe Gonzales Lipton Sheltrown
Brown, L. Gregory Liss Simpson
Brown, T. Griffin Mayes Slavens
Byrnes Haase McDowell Slezak
Byrum Hammel Meadows Smith
Clemente Haugh Melton Spade
Constan Huckleberry Miller Stanley
Corriveau Jackson Nathan Switalski
Coulouris Johnson Nerat Tlaib
Cushingberry Jones, Robert Neumann Valentine
Dean Kandrevas Polidori Warren
Dillon Kennedy Roberts Womack
Donigan Lahti Rocca Young
Nays—41
Agema Elsenheimer Kowall Pavlov
Amash Genetski Kurtz Pearce
Ball Green Lori Proos
Bolger Haines Lund Rogers
Booher Hansen Marleau Schmidt, W.
Calley Haveman McMillin Schuitmaker
Caul Hildenbrand Meekhof Scott, P.
Crawford Horn Meltzer Stamas
Daley Jones, Rick Moss Tyler
Denby Knollenberg Opsommer Walsh
DeShazor
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Schuitmaker, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
HB 4787/ 4788 - Turnaround schools
This legislation aims to impose sanctions on the worst performing public schools, most of which are high schools in high-poverty, urban areas. Unfortunately, many of the reforms in this legislation have been seriously watered down. At the same time, it holds charter schools to a more stringent standard than traditional public schools, making it even harder for charter schools to try to help where traditional public schools have failed.
This legislation also makes changes to union collective bargaining powers that are totally unrelated to the issue of failing school reforms. It reverses a number of cost-saving provisions that benefit unions at the expense of students. It even allows unions leverage over areas they should not control, such as the school start date.
For these reasons, I cannot support this bill at this time.”
Rep. Meekhof, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
This legislation aims to impose sanctions on the worst performing public schools, most of which are high schools in high-poverty, urban areas. Unfortunately, many of the reforms in this legislation have been seriously watered down. At the same time, it holds charter schools to a more stringent standard than traditional public schools, making it even harder for charter schools to try to help where traditional public schools have failed.
This legislation also makes changes to union collective bargaining powers that are totally unrelated to the issue of failing school reforms. It reverses a number of cost-saving provisions that benefit unions at the expense of students. It even allows unions leverage over areas they should not control, such as the school start date.
For these reasons, I cannot support this bill at this time.”
Second Reading of Bills
House Bill No. 4789, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2008 PA 268.
The bill was read a second time.
Rep. Melton moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Melton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4789, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2008 PA 268.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 359 Yeas—69
Angerer Durhal LeBlanc Rocca
Ball Ebli Leland Schmidt, R.
Barnett Espinoza Lemmons Schmidt, W.
Bennett Geiss Lindberg Scott, P.
Bledsoe Gonzales Lipton Scripps
Booher Gregory Liss Segal
Brown, L. Griffin Mayes Sheltrown
Brown, T. Haase McDowell Simpson
Byrnes Hammel Meadows Slavens
Byrum Haugh Melton Slezak
Clemente Huckleberry Meltzer Spade
Constan Jackson Miller Stanley
Corriveau Johnson Nathan Switalski
Coulouris Jones, Robert Nerat Tlaib
Dean Kandrevas Neumann Valentine
DeShazor Kennedy Polidori Walsh
Dillon Lahti Roberts Womack
Donigan
Nays—39
Agema Genetski Kurtz Proos
Amash Green Lori Rogers
Bauer Haines Lund Schuitmaker
Bolger Hansen Marleau Scott, B.
Calley Haveman McMillin Smith
Caul Hildenbrand Meekhof Stamas
Crawford Horn Moss Tyler
Daley Jones, Rick Opsommer Warren
Denby Knollenberg Pavlov Young
Elsenheimer Kowall Pearce
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Schuitmaker, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
HB 4787/ 4788 - Turnaround schools
This legislation aims to impose sanctions on the worst performing public schools, most of which are high schools in high-poverty, urban areas. Unfortunately, many of the reforms in this legislation have been seriously watered down. At the same time, it holds charter schools to a more stringent standard than traditional public schools, making it even harder for charter schools to try to help where traditional public schools have failed.
This legislation also makes changes to union collective bargaining powers that are totally unrelated to the issue of failing school reforms. It reverses a number of cost-saving provisions that benefit unions at the expense of students. It even allows unions leverage over areas they should not control, such as the school start date.
For these reasons, I cannot support this bill at this time.”
Rep. Meekhof, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
This legislation aims to impose sanctions on the worst performing public schools, most of which are high schools in high-poverty, urban areas. Unfortunately, many of the reforms in this legislation have been seriously watered down. At the same time, it holds charter schools to a more stringent standard than traditional public schools, making it even harder for charter schools to try to help where traditional public schools have failed.
This legislation also makes changes to union collective bargaining powers that are totally unrelated to the issue of failing school reforms. It reverses a number of cost-saving provisions that benefit unions at the expense of students. It even allows unions leverage over areas they should not control, such as the school start date.
For these reasons, I cannot support this bill at this time.”
______
Rep. Angerer moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4166, entitled
A bill to require disclosure of certain information in connection with refund anticipation loans; and to prescribe penalties.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4184, entitled
A bill to amend 1919 PA 71, entitled “An act to provide for the formulation and establishment of a uniform system of accounting and reporting in the several departments, offices, and institutions of the state government, and in all county offices; to provide for the examination of the books and accounts of each state department, office, and institution, and of each county office; to provide for financial reports from all those departments, institutions, and offices, and for the tabulation and publication of comparative financial statistics relating to the departments, institutions, and offices; to provide for the administration of this act; to provide for the powers and duties of the department of treasury, the state treasurer, the library of Michigan and depository libraries, and other officers and entities; to provide penalties; and to provide for meeting the expense authorized by this act,” by amending sections 4 and 5 (MCL 21.44 and 21.45), as amended by 2002 PA 370.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4607, entitled
A bill to prescribe certain duties and obligations of the parties to a refund anticipation loan; and to prescribe penalties.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4897, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40116 (MCL 324.40116), as amended by 2004 PA 325.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Bill No. 449, entitled
A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending sections 2 and 9 (MCL 28.602 and 28.609), section 2 as amended by 2004 PA 379 and section 9 as amended by 2005 PA 239.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 470, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 1029.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Reports of Standing Committees
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
Senate Bill No. 248, entitled
A bill to make appropriations for the department of human services and certain state purposes related to public welfare services for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski and Tlaib
Nays: Reps. Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, June 25, 2009
Present: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
Second Reading of Bills
Senate Bill No. 248, entitled
A bill to make appropriations for the department of human services and certain state purposes related to public welfare services for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Appropriations,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Booher moved to amend the bill as follows:
1. Amend page 2, following line 13, by inserting:
“Sec. 203. On a bimonthly basis, the department shall report on the number of FTEs in pay status by civil service classification to the house and senate appropriations subcommittees on the department of human services and the house and senate fiscal agencies.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Moss moved to amend the bill as follows:
1. Amend page 2, following line 13, by inserting:
“Sec. 205. (1) From the funds appropriated in part 1, the department shall develop, post, and maintain on a user-friendly and publicly accessible Internet site, all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made. Funds appropriated in part 1 from the federal American Recovery and Reinvestment Act shall also be included on a publicly accessible website maintained by the Michigan economic recovery office. The department shall not provide financial information on its website under this section if doing so would violate a federal or state law, rule, regulation, or guideline that establishes privacy or security standards applicable to that section.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Spade moved to amend the bill as follows:
1. Amend page 2, following line 13, by inserting:
“Sec. 203. From the money appropriated in part 1, the department shall use an amount not to exceed $10,000.00 to develop, post, and maintain, on a publicly accessible Internet site, all expenditures made by the department within a fiscal year. The posting must include the purpose for which each expenditure is made. The department shall not be required to hire additional employees to comply with this section.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
______
Rep. Schuitmaker moved that Rep. Meltzer be excused temporarily from today’s session.
The motion prevailed.
Rep. Angerer moved that Rep. Lipton be excused temporarily from today’s session.
The motion prevailed.
Rep. Agema moved to substitute (H-2) the bill.
The question being on the adoption of the substitute (H-2) offered by Rep. Agema,
Rep. Angerer demanded the yeas and nays,
The demand was supported.
The question being on the adoption of the substitute (H-2) offered by Rep. Agema,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 360 Yeas—40
Agema DeShazor Knollenberg Pavlov
Amash Elsenheimer Kowall Pearce
Ball Genetski Kurtz Proos
Bolger Green Lori Rogers
Booher Haines Lund Schmidt, W.
Calley Hansen Marleau Schuitmaker
Caul Haveman McMillin Scott, P.
Crawford Hildenbrand Meekhof Stamas
Daley Horn Moss Tyler
Denby Jones, Rick Opsommer Walsh
Nays—67
Angerer Durhal LeBlanc Scott, B.
Barnett Ebli Leland Scripps
Bauer Espinoza Lemmons Segal
Bennett Geiss Lindberg Sheltrown
Bledsoe Gonzales Liss Simpson
Brown, L. Gregory Mayes Slavens
Brown, T. Griffin McDowell Slezak
Byrnes Haase Meadows Smith
Byrum Hammel Melton Spade
Clemente Haugh Miller Stanley
Constan Huckleberry Nathan Switalski
Corriveau Jackson Nerat Tlaib
Coulouris Johnson Neumann Valentine
Cushingberry Jones, Robert Polidori Warren
Dean Kandrevas Roberts Womack
Dillon Kennedy Rocca Young
Donigan Lahti Schmidt, R.
In The Chair: Byrnes
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 248, entitled
A bill to make appropriations for the department of human services and certain state purposes related to public welfare services for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 361 Yeas—65
Angerer Ebli LeBlanc Schmidt, R.
Barnett Espinoza Leland Scott, B.
Bauer Geiss Lemmons Segal
Bennett Gonzales Lindberg Sheltrown
Bledsoe Gregory Liss Simpson
Brown, T. Griffin Mayes Slavens
Byrnes Haase McDowell Slezak
Byrum Hammel Meadows Smith
Clemente Haugh Melton Spade
Constan Huckleberry Miller Stanley
Corriveau Jackson Nathan Switalski
Coulouris Johnson Nerat Tlaib
Cushingberry Jones, Robert Neumann Valentine
Dean Kandrevas Polidori Warren
Dillon Kennedy Roberts Womack
Donigan Lahti Rocca Young
Durhal
Nays—42
Agema DeShazor Kowall Pearce
Amash Elsenheimer Kurtz Proos
Ball Genetski Lori Rogers
Bolger Green Lund Schmidt, W.
Booher Haines Marleau Schuitmaker
Brown, L. Hansen McMillin Scott, P.
Calley Haveman Meekhof Scripps
Caul Hildenbrand Moss Stamas
Crawford Horn Opsommer Tyler
Daley Jones, Rick Pavlov Walsh
Denby Knollenberg
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
Senate Bill No. 245, entitled
A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2010; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski and Tlaib
Nays: Reps. Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, June 24, 2009
Present: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Simpson, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Thursday, June 25, 2009
Present: Reps. Simpson, Huckleberry, Barnett, Haase, Mayes, Nerat, Valentine, Tyler, Daley and Kurtz
Absent: Rep. Hansen
Excused: Rep. Hansen
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrnes, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Thursday, June 25, 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, June 25, 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 and Tyler
Absent: Rep. Walsh
Excused: Rep. Walsh
Second Reading of Bills
Senate Bill No. 245, entitled
A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2010; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Rogers moved to amend the bill as follows:
1. Amend page 13, line 17, by striking out “14,587,900” and inserting “15,566,100”.
2. Amend page 14, following line 20, by inserting:
“State casino gaming fund general purpose fund.................................................................... 978,200”
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Rogers moved to amend the bill as follows:
1. Amend page 51, line 6, by striking out all of section 313.
2. Amend page 53, line 8, by striking out all of section 314.
3. Amend page 53, line 12, by striking out all of section 315.
4. Amend page 53, line 18, by striking out all of section 316.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Rogers moved to amend the bill as follows:
1. Amend page 32, line 14, after “operations—” by striking out “181.0” and inserting “171.0”.
2. Amend page 32, line 14, by striking out “20,847,700” and inserting “20,012,700”.
3. Amend page 32, line 19, by striking out “25,461,800” and inserting “24,626,800” and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Rogers moved to amend the bill as follows:
1. Amend page 44, following line 14, by inserting:
“Sec. 220. Funds appropriated in part 1 shall not be used to establish, operate, or administer a payroll deduction plan that enables classified state employees to make contributions to either a committee, as defined in section 3 of the Michigan campaign finance act, 1976 PA 388, MCL 169.203, or a political organization, as defined in section 527 of the internal revenue code, 26 USC 527.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Moss moved to amend the bill as follows:
1. Amend page 46, following line 8, by inserting:
“Sec. 232. (1) From the funds appropriated in part 1, the executive departments and agencies shall develop, post, and maintain on a user-friendly and publicly accessible Internet site, all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made. Funds appropriated in part 1 from the federal American Recovery and Reinvestment Act shall also be included on a publicly accessible website maintained by the Michigan economic recovery office. The department shall not provide financial information on its website under this section if doing so would violate an applicable federal or state law, rule, regulation, or guideline that establishes privacy or security standards.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. McMillin moved to amend the bill as follows:
1. Amend page 62, following line 7, by inserting:
“Sec. 589. (1) The department of information technology shall conduct a cost study to identify potential savings that could be realized to the state by contracting with private entities for the services provided by existing employees. The study shall include the following:
(a) The percentage of services currently provided by state employees that could be provided by private contractors without hindering government services.
(b) Efficiencies that would be realized through the private contracting of services.
(c) The dollar amount of savings that could be realized by the department through the private contracting of services.
(d) A comparison with other states that have contracted with private entities for the services that are currently provided by state employees.
(2) The study under subsection (1) shall be performed by an independent consulting firm with experience in information technology.
(3) The final cost study shall be submitted to the senate and house of representatives standing committees on appropriations, subcommittees on general government, the senate and house fiscal agencies, and the state budget director by April 1, 2010.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Angerer moved to amend the bill as follows:
1. Amend page 102, following line 13, by inserting:
“Sec. 825. From the funds appropriated in part 1 for the department of state, the department shall first use restricted funding for expenditures, when available for that purpose, before using general fund dollars.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Angerer moved to amend the bill as follows:
1. Amend page 103, following line 15, by inserting:
“Sec. 828. By April 1, 2010, the department of state shall submit to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies a report stating the steps taken and improvements made by the department to address the issues identified by the auditor general report, Report Number 231-0200-08 released May of 2009, entitled performance audit of cash receipts and branch office customer service, department of state.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Espinoza moved to amend the bill as follows:
1. Amend page 32, line 4, by striking out all of line 4.
2. Amend page 32, line 10, by striking out all of line 10.
3. Amend page 115, line 10, by striking out all of section 926 and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Booher moved to amend the bill as follows:
1. Amend page 45, line 23, by striking out all of line 23 and inserting:
“Sec. 229. On a bimonthly basis, the executive departments and agencies shall report on”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 245, entitled
A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2010; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 362 Yeas—65
Angerer Durhal Lahti Rocca
Barnett Ebli LeBlanc Schmidt, R.
Bauer Espinoza Leland Scott, B.
Bennett Geiss Lemmons Sheltrown
Bledsoe Gonzales Lindberg Simpson
Brown, L. Gregory Liss Slavens
Brown, T. Griffin Mayes Slezak
Byrnes Haase McDowell Smith
Byrum Hammel Meadows Spade
Clemente Haugh Melton Stanley
Constan Huckleberry Miller Switalski
Corriveau Jackson Nathan Tlaib
Coulouris Johnson Nerat Valentine
Cushingberry Jones, Robert Neumann Warren
Dean Kandrevas Polidori Womack
Dillon Kennedy Roberts Young
Donigan
Nays—42
Agema Elsenheimer Kurtz Proos
Amash Genetski Lori Rogers
Ball Green Lund Schmidt, W.
Bolger Haines Marleau Schuitmaker
Booher Hansen McMillin Scott, P.
Calley Haveman Meekhof Scripps
Caul Hildenbrand Moss Segal
Crawford Horn Opsommer Stamas
Daley Jones, Rick Pavlov Tyler
Denby Knollenberg Pearce Walsh
DeShazor Kowall
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved that when the House adjourns today it stand adjourned until Friday, June 26, at 12:01 a.m.
The motion prevailed.
Introduction of Bills
Rep. Miller introduced
House Bill No. 5166, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 513 (MCL 208.1513).
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Meadows and Schuitmaker introduced
House Bill No. 5167, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 30.
The bill was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. Kowall moved that the House adjourn.
The motion prevailed, the time being 11:59 p.m.
The Speaker Pro Tempore declared the House adjourned until Friday, June 26, at 12:01 a.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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