No. 36

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Wednesday, April 21, 2010.

1:30 p.m.

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

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

Agema—present Durhal—present Kurtz—present Polidori—present

Amash—present Ebli—present Lahti—present Proos—present

Angerer—present Elsenheimer—present LeBlanc—present Roberts—present

Ball—present Espinoza—present Leland—present Rocca—present

Barnett—present Geiss—present Lemmons—present Rogers—present

Bauer—present Genetski—present Lindberg—present Schmidt, R.—present

Bennett—present Gonzales—present Lipton—present Schmidt, W.—present

Bledsoe—present Green—present Liss—present Schuitmaker—present

Bolger—present Gregory—present Lori—present Scott, B.—present

Booher—present Griffin—present Lund—present Scott, P.—present

Brown, L.—present Haase—present Marleau—present Scripps—present

Brown, T.—present Haines—present Mayes—present Segal—present

Byrnes—present Hammel—present McDowell—present Sheltrown—present

Byrum—present Hansen—present McMillin—present Slavens—present

Calley—present Haugh—present Meadows—present Slezak—present

Caul—present Haveman—present Meekhof—present Smith—present

Clemente—present Hildenbrand—present Melton—present Spade—present

Constan—present Horn—present Meltzer—present Stamas—present

Corriveau—present Huckleberry—present Miller—present Stanley—present

Coulouris—present Jackson—present Moore—present Switalski—present

Crawford—present Johnson—present Moss—present Tlaib—present

Cushingberry—excused Jones, Rick—present Nathan—present Tyler—present

Daley—present Jones, Robert—present Nerat—present Valentine—present

Dean—present Kandrevas—present Neumann—present Walsh—present

Denby—present Kennedy—present Opsommer—present Warren—present

DeShazor—present Knollenberg—present Pavlov—present Womack—present

Dillon—present Kowall—present Pearce—present Young—present

Donigan—present

e/d/s = entered during session

Rep. Kate Segal, from the 62nd District, offered the following invocation:

“As we gather today, we ask for the grace and wisdom to work together to act for the public good … And make decisions that will benefit all the residents of our great state, as they look to us for leadership in creating a stronger Michigan. We know that these are trying times for our state, our nation, and our families and friends across our communities. We pray for those who are struggling to make ends meet, and the thousands who live under a cloud of uncertainty and fear due to our economic challenges. As the voice of the people who call Michigan home, it is our responsibility to work together to improve the lives of citizens across this great state. So we ask for the guidance and the ability to work toward our common goal of creating a better life for every individual and every family in Michigan. We ask for the courage to think not of our own futures, but rather to make the tough choices as we think of the futures of our children and all those who will come after us. Please give us the wisdom we need to lead Michigan through these dark and turbulent times. We give thanks for the privilege and honor of serving the people of Michigan. In Your name, we offer this prayer. Amen.”

______

Rep. Dean moved that Rep. Cushingberry be excused from today’s session.

The motion prevailed.

Motions and Resolutions

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

House Resolution No. 255.

A resolution of tribute offered as a memorial for Thomas H. Kelly, former member of the House of Representatives.

Whereas, The members of this legislative body and many at the state capitol were saddened to learn of the passing of Thomas H. Kelly. This genial Irishman, remembered fondly by his colleagues for his integrity and sense of duty, touched the lives of many in his Wayne County community and across our state; and

Whereas, Raised in New York City and educated at Fordham University and Long Island University, Thomas Kelly served his country for 4 years in the United States Air Force before embarking on a career as a teacher, advocate of libraries, and public servant. As the library director for the Wayne-Westland Community Schools, assistant professor at Henry Ford Community College, and library technician, he had a deep appreciation of the challenges and opportunities of our information age. This insight served him well in his local government and legislative responsibilities; and

Whereas, Prior to his first election to the House of Representatives in 1994, Mr. Kelly had distinguished himself in his 12 years on the Wayne City Council, his leadership with the Nankin Transit Commission, his efforts with SEMCOG, and his involvement in a variety of civic groups. Throughout his three terms in Lansing, Representative Kelly earned respect for his thorough approach to the legislative process. His voice was especially valued on transportation issues and his work on the House Appropriations Committee. The example of his effectiveness and commitment will long be remembered and deeply appreciated; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Thomas H. Kelly, a member of this legislative body from 1995 to 2000; and be it further

Resolved, That copies of this resolution be transmitted to the Kelly 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.

Comments and Recommendations

Rep. Dean moved that Rule 75 be suspended.

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

Rep. Dean moved that the following remarks be printed in the Journal.

The motion prevailed.

Rep. Corriveau:

“Thank you Madame Speaker,

Today I speak to you with a heavy heart as we honor the memory and life my friend and mentor, former Representative Tom Kelly.

I recall the first time I listened to a resolution being read into the journal memorializing someone who had served in the House. I did not know this person and I questioned a colleague shortly after why we do this. His response, ‘When we die, they will do one for us too’.

It took me a minute to really understand what this meant and I was deeply struck by the reality that the story of my life and my work would someday be read in this chamber for others to hear. I wondered to myself, ‘What will it say?’

I can honestly tell you that nothing would be said and I would not be here with you today without the help and guidance of Tom Kelly.

As we heard, Tom served in the House from 1994-2000. When I decided I wanted to try to walk down this common road, he was one of the very first I went to speak with. I had never met Tom before but he agreed to see me without pause. Despite my long odds, he believed in me. Tom took me under his wing and literally his arm that first day and told me, ‘Ill take care of Wayne for you young man, go out and introduce yourself to the rest of the district.’

Tom was more than just a respected man in the City of Wayne. He was a hard working man who believed in fighting for others. He lived there for most of his life with Bridgette, his wife, who is in the balcony today. He gave everything he had to the community and during his time in public service he fought doggedly for what was best for his state, his hometown and those least among us. When Tom spoke on my behalf people listened. For that I will be eternally grateful.

Over the years I learned many lessons from Tom. I would like to share with you two of his best. First, he told me to sit in the stands at baseball games. In the suites you will hear what you want to hear, in the stands you will hear what you should. Second, he told me to never forget that as a legislator the decisions I make will affect people lives. Profoundly.

So finally, in memory of Tom Kelly, I look to my colleagues and ask them not to forget what we are all here to do. Never let the politics be the force that writes our stories. We are profoundly affecting people’s lives and one day our name and our story will be told in this chamber. What will it say?

God Bless you Bridgett. God bless you Tom. God Speed.”

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 51.

A concurrent resolution to decry the atrocities taking place in Darfur and to urge the President and Congress to take all steps possible to alleviate the suffering and bring about a lasting political settlement in the region.

(For text of concurrent resolution, see House Journal No. 31, p. 467.)

(The concurrent resolution was reported by the Committee on Government Operations on April 20.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Second Reading of Bills

House Bill No. 6011, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 63 (MCL 38.63), as added by 1996 PA 487.

The bill was read a second time.

Rep. McMillin moved to amend the bill as follows:

1. Amend page 2, following line 18, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4275 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. Agema moved to amend the bill as follows:

1. Amend page 2, following line 18, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Resolution No. 45 of the 95th Legislature is adopted.”.

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

Rep. Rogers moved to amend the bill as follows:

1. Amend page 2, following line 18, by inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:

(a) Senate Bill No. 1226.

(b) Senate Bill No. 1227.”.

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

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

The motion prevailed.

Rep. Dean 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. 6011, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 63 (MCL 38.63), as added by 1996 PA 487.

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

Roll Call No. 143 Yeas—91

Agema Dillon Kennedy Proos

Amash Durhal Knollenberg Roberts

Angerer Ebli Kowall Rocca

Ball Elsenheimer Kurtz Rogers

Barnett Espinoza LeBlanc Schmidt, R.

Bauer Geiss Lemmons Schmidt, W.

Bledsoe Genetski Liss Schuitmaker

Bolger Gonzales Lori Scott, B.

Booher Green Marleau Scott, P.

Brown, L. Gregory Mayes Scripps

Brown, T. Griffin McDowell Segal

Byrnes Haase McMillin Sheltrown

Byrum Haines Meekhof Slavens

Calley Hammel Melton Slezak

Clemente Hansen Meltzer Spade

Constan Haugh Moore Stamas

Corriveau Haveman Moss Stanley

Coulouris Hildenbrand Nerat Switalski

Crawford Horn Neumann Tyler

Daley Huckleberry Opsommer Valentine

Dean Johnson Pavlov Walsh

Denby Jones, Robert Pearce Womack

DeShazor Kandrevas Polidori

Nays—17

Bennett Lahti Lund Smith

Caul Leland Meadows Tlaib

Donigan Lindberg Miller Warren

Jackson Lipton Nathan Young

Jones, Rick

In The Chair: Byrnes

The House agreed to the title of the bill.

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

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

______

Rep. Miller, 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:

Retirement security is constantly being eroded. As defined benefit plans have gone the way of the dinosaur, middle class Michiganians have been assured by their employers that defined contribution plans will suffice. Now the state is suspending a meager match and further weakening middle class families, potentially jeopardizing their security in their golden years. Actions like this by the legislature are a prime example of why legislative employees should be afforded the opportunity to organize!”

Second Reading of Bills

House Bill No. 6012, entitled

A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 74 (MCL 38.1074), as added by 1996 PA 486.

The bill was read a second time.

Rep. McMillin moved to amend the bill as follows:

1. Amend page 2, line 15, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:

(a) House Bill No. 4275.

(b) House Bill No. 6011.”.

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

Rep. Amash moved to amend the bill as follows:

1. Amend page 2, line 2, after “NOT” by striking out “MAKE ADDITIONAL CONTRIBUTIONS” and inserting “MAKE AN ADDITIONAL CONTRIBUTION”.

2. Amend page 2, line 4, after “SHALL” by striking out “MAKE ADDITIONAL CONTRIBUTIONS” and inserting “MAKE AN ADDITIONAL CONTRIBUTION”.

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

Rep. Agema moved to amend the bill as follows:

1. Amend page 2, following line 17, by inserting:

“Enacting section 2. This amendatory act does not take effect unless House Resolution No. 45 of the 95th Legislature is adopted.”.

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

Rep. Rogers moved to amend the bill as follows:

1. Amend page 2, line 15, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:

(a) House Bill No. 6011.

(b) Senate Bill No. 1226.

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

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

The motion prevailed.

Rep. Dean 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. 6012, entitled

A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 74 (MCL 38.1074), as added by 1996 PA 486.

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

Roll Call No. 144 Yeas—99

Agema Durhal Kowall Pearce

Amash Ebli Kurtz Polidori

Angerer Elsenheimer Lahti Proos

Ball Espinoza LeBlanc Roberts

Barnett Geiss Lemmons Rocca

Bauer Genetski Lindberg Rogers

Bledsoe Gonzales Lipton Schmidt, R.

Bolger Green Liss Schmidt, W.

Booher Gregory Lori Schuitmaker

Brown, L. Griffin Lund Scott, B.

Brown, T. Haase Marleau Scott, P.

Byrnes Haines Mayes Scripps

Byrum Hammel McDowell Segal

Calley Hansen McMillin Sheltrown

Caul Haugh Meadows Slavens

Clemente Haveman Meekhof Slezak

Constan Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Miller Stanley

Crawford Johnson Moore Switalski

Daley Jones, Rick Moss Tyler

Dean Jones, Robert Nerat Valentine

Denby Kandrevas Neumann Walsh

DeShazor Kennedy Opsommer Womack

Dillon Knollenberg Pavlov

Nays—9

Bennett Leland Smith Warren

Donigan Nathan Tlaib Young

Jackson

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Dean 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. 6013, entitled

A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending the title and sections 102, 105, 106, 108, 201, 202, 204, 204a, 204b, 204c, 204d, 204e, 204f, 205, and 206 (MCL 4.1102, 4.1105, 4.1106, 4.1108, 4.1201, 4.1202, 4.1204, 4.1204a, 4.1204b, 4.1204c, 4.1204d, 4.1204e, 4.1204f, 4.1205, and 4.1206), the title as amended by 1988 PA 100, sections 102 and 106 as amended by 1995 PA 189, sections 201 and 202 as amended by 1999 PA 264, section 204 as amended by 1998 PA 431, section 204a as added by 1998 PA 429, section 204b as added by 1998 PA 404, section 204c as added by 1998 PA 414, section 204d as added by 1998 PA 413, section 204e as added by 1998 PA 403, and section 204f as added by 1998 PA 411, and by adding section 111; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Oversight and Investigations (for amendment, see House Journal No. 32, p. 496),

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

Rep. McMillin moved to amend the bill as follows:

1. Amend page 14, following line 10, by inserting:

“Enacting section 2. This amendatory act does not take effect unless House Bill No. 4275 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. Amash moved to amend the bill as follows:

1. Amend page 5, line 20, after “AND” by striking out “BUDGETING” and inserting “BUDGETARY”.

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

Rep. Walsh moved to amend the bill as follows:

1. Amend page 14, following line 10, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5720 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. Rick Jones moved to amend the bill as follows:

1. Amend page 14, following line 10, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5673 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. Scripps moved to substitute (H-2) the bill.

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

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

The motion prevailed.

Rep. Dean 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. 6013, entitled

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

Roll Call No. 145 Yeas—92

Angerer Geiss Lemmons Polidori

Ball Gonzales Lindberg Proos

Barnett Green Lipton Roberts

Bledsoe Gregory Liss Rocca

Bolger Griffin Lori Rogers

Booher Haase Lund Schmidt, R.

Brown, L. Haines Marleau Schmidt, W.

Brown, T. Hammel Mayes Schuitmaker

Byrnes Hansen McDowell Scott, B.

Byrum Haugh McMillin Scott, P.

Calley Haveman Meadows Scripps

Clemente Hildenbrand Meekhof Segal

Constan Horn Melton Sheltrown

Corriveau Huckleberry Meltzer Slavens

Coulouris Johnson Miller Slezak

Crawford Jones, Robert Moore Spade

Dean Kandrevas Moss Stamas

DeShazor Kennedy Nathan Stanley

Dillon Knollenberg Nerat Switalski

Durhal Kowall Neumann Tyler

Ebli Kurtz Opsommer Valentine

Elsenheimer Lahti Pavlov Walsh

Espinoza LeBlanc Pearce Womack

Nays—16

Agema Caul Genetski Smith

Amash Daley Jackson Tlaib

Bauer Denby Jones, Rick Warren

Bennett Donigan Leland Young

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Dean 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. 6014, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 442 (MCL 18.1442), as added by 1991 PA 72.

The bill was read a second time.

Rep. McMillin moved to amend the bill as follows:

1. Amend page 2, following line 3, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4275 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. Walsh moved to amend the bill as follows:

1. Amend page 2, following line 3, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5720 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. Griffin moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean 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. 6014, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 442 (MCL 18.1442), as added by 1991 PA 72.

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

Roll Call No. 146 Yeas—93

Agema Geiss Lemmons Polidori

Angerer Gonzales Lindberg Proos

Ball Gregory Lipton Roberts

Barnett Griffin Liss Rocca

Bledsoe Haase Lori Rogers

Bolger Haines Lund Schmidt, R.

Booher Hammel Marleau Schmidt, W.

Brown, L. Hansen Mayes Schuitmaker

Brown, T. Haugh McDowell Scott, B.

Byrnes Haveman McMillin Scott, P.

Byrum Hildenbrand Meadows Scripps

Calley Horn Meekhof Segal

Clemente Huckleberry Melton Sheltrown

Constan Johnson Meltzer Slavens

Corriveau Jones, Rick Miller Slezak

Coulouris Jones, Robert Moore Spade

Crawford Kandrevas Moss Stamas

Dean Kennedy Nathan Stanley

DeShazor Knollenberg Nerat Switalski

Dillon Kowall Neumann Tyler

Durhal Kurtz Opsommer Valentine

Ebli Lahti Pavlov Walsh

Elsenheimer LeBlanc Pearce Womack

Espinoza

Nays—15

Amash Daley Green Tlaib

Bauer Denby Jackson Warren

Bennett Donigan Leland Young

Caul Genetski Smith

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Dean 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. 6015, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 35 (MCL 24.235), as amended by 1995 PA 178.

The bill was read a second time.

Rep. McMillin moved to amend the bill as follows:

1. Amend page 2, following line 16, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4275 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. Walsh moved to amend the bill as follows:

1. Amend page 2, following line 16, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5720 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. Ebli moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Dean 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. 6015, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 35 (MCL 24.235), as amended by 1995 PA 178.

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

Roll Call No. 147 Yeas—94

Agema Espinoza LeBlanc Pearce

Angerer Geiss Lemmons Polidori

Ball Gonzales Lindberg Proos

Barnett Green Lipton Roberts

Bledsoe Gregory Liss Rocca

Bolger Griffin Lori Rogers

Booher Haase Lund Schmidt, R.

Brown, L. Haines Marleau Schmidt, W.

Brown, T. Hammel Mayes Schuitmaker

Byrnes Hansen McDowell Scott, B.

Byrum Haugh McMillin Scott, P.

Calley Haveman Meadows Scripps

Caul Hildenbrand Meekhof Segal

Clemente Horn Melton Sheltrown

Constan Huckleberry Meltzer Slavens

Corriveau Johnson Miller Slezak

Coulouris Jones, Rick Moore Spade

Crawford Jones, Robert Moss Stanley

Dean Kandrevas Nathan Switalski

DeShazor Kennedy Nerat Tyler

Dillon Knollenberg Neumann Valentine

Durhal Kowall Opsommer Walsh

Ebli Kurtz Pavlov Womack

Elsenheimer Lahti

Nays—14

Amash Denby Leland Tlaib

Bauer Donigan Smith Warren

Bennett Genetski Stamas Young

Daley Jackson

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Dean 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. 6016, entitled

A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending the title and sections 204c, 204d, 501, and 601 (MCL 4.1204c, 4.1204d, 4.1501, and 4.1601), the title as amended by 1988 PA 100, section 204c as added by 1998 PA 414, section 204d as added by 1998 PA 413, and section 601 as amended by 1999 PA 95, and by adding section 502; and to repeal acts and parts of acts.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

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

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

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

The motion prevailed.

Rep. Dean 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. 6016, entitled

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

Roll Call No. 148 Yeas—61

Angerer Ebli Knollenberg Pavlov

Barnett Elsenheimer Lahti Polidori

Bledsoe Geiss LeBlanc Roberts

Bolger Gregory Lemmons Rocca

Booher Haase Lindberg Schmidt, R.

Brown, L. Haines Liss Scott, B.

Brown, T. Hammel Marleau Scott, P.

Byrum Haugh Mayes Scripps

Calley Hildenbrand McDowell Segal

Clemente Huckleberry Meadows Sheltrown

Constan Johnson Melton Slavens

Corriveau Jones, Rick Meltzer Slezak

Coulouris Jones, Robert Moore Switalski

Dean Kandrevas Moss Tyler

Dillon Kennedy Nerat Walsh

Durhal

Nays—47

Agema Espinoza Lipton Schmidt, W.

Amash Genetski Lori Schuitmaker

Ball Gonzales Lund Smith

Bauer Green McMillin Spade

Bennett Griffin Meekhof Stamas

Byrnes Hansen Miller Stanley

Caul Haveman Nathan Tlaib

Crawford Horn Neumann Valentine

Daley Jackson Opsommer Warren

Denby Kowall Pearce Womack

DeShazor Kurtz Proos Young

Donigan Leland Rogers

In The Chair: Byrnes

The House agreed to the title of the bill.

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

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

______

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

Rep. Byrnes moved that her name be removed as co‑sponsor of the bill.

The motion prevailed.

______

The Speaker Pro Tempore resumed the Chair.

Rep. Bauer, 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:

As a member of the Appropriations Committee for the past three and a half years, I rise in opposition to this bill which consolidates the House and Senate Fiscal Agencies. Though this may appear, at first, to offer some cost reduction, I question any long term savings that will actually result from this action.

More important, in this time of term limits and therefore in this time when legislators who serve on and chair major appropriations subcommittees are doing so after only a very brief time in the legislature, it is more critical than ever that we have good, solid, nonpartisan fiscal advice from the House Fiscal Agency that we can trust and that can help us make good public policy decisions about spending the taxpayer’s money. We have been told that the consolidation - to save any money - will mean less staff support from trained and competent economists in the fiscal agencies. The Appropriations Committee and the House of Representatives is responsible for dealing with a massive budget deficit of $1.7 billion dollars. Of the 45 billion dollar total state budget, the fiscal agency budget is only one one hundredth of one percent. This is not the time to be cutting the resources that are so extremely important to making the decisions needed to turn this great state around.”

Senate Bill No. 468, entitled

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

(The bill was read a third time and postponed for the day on April 20, see House Journal No. 35, p. 538.)

The question being on the passage of the bill,

Reps. Smith and Jackson moved to amend the bill as follows:

1. Amend page 18, following line 10, by inserting:

“Sec. 909. (1) Except as provided in ~~subsection (2)~~ this section, a civil fine ~~which~~ that is ordered under section 907 for a violation of this act or other state statute shall be exclusively applied to the support of public libraries and county law libraries in the same manner as is provided by law for penal fines assessed and collected for violation of a penal law of the state. A Except as provided in subsection (3), a civil fine ordered for a violation of a code or ordinance of a local authority regulating the operation of commercial motor vehicles and substantially corresponding to a provision of this act shall be paid to the county treasurer and shall be allocated as follows:

(a) Seventy percent to the local authority in which the citation is issued.

(b) Thirty percent for library purposes as provided by law.

(2) Subsection (1) is intended to maintain a source of revenue for public libraries which previously received penal fines for misdemeanor violations of this act which are now civil infractions.

(3) Beginning on the effective date of the amendatory act that added this subsection, a civil fine ordered for a violation of section 602b or a local ordinance substantially corresponding to section 602b shall be deposited in the general fund. This subsection is intended to offset the loss of revenue occasioned by the reduction in driver responsibility fees collected under section 732a. this subsection does not take effect unless driver responsibility fees cease being assessed under section 732a(1) and (2)(c) and (d).”.

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

The question being on the passage of the bill,

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

Roll Call No. 149 Yeas—89

Angerer Ebli LeBlanc Roberts

Ball Elsenheimer Leland Rocca

Barnett Espinoza Lemmons Schmidt, R.

Bauer Geiss Lindberg Schmidt, W.

Bennett Gonzales Lipton Scott, B.

Bledsoe Gregory Liss Scott, P.

Bolger Griffin Lori Scripps

Booher Haase Lund Segal

Brown, L. Haines Mayes Sheltrown

Brown, T. Hammel McDowell Slavens

Byrnes Hansen Meadows Slezak

Byrum Haugh Melton Smith

Calley Hildenbrand Meltzer Spade

Clemente Huckleberry Miller Stanley

Constan Jackson Moss Switalski

Corriveau Johnson Nathan Tlaib

Coulouris Jones, Rick Nerat Tyler

Daley Jones, Robert Neumann Valentine

Dean Kandrevas Opsommer Walsh

DeShazor Kennedy Pavlov Warren

Dillon Knollenberg Polidori Womack

Donigan Lahti Proos Young

Durhal

Nays—19

Agema Genetski Kurtz Pearce

Amash Green Marleau Rogers

Caul Haveman McMillin Schuitmaker

Crawford Horn Meekhof Stamas

Denby Kowall Moore

In The Chair: Byrnes

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

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

A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 732, 907, and 909 (MCL 257.732, 257.907, and 257.909), section 732 as amended by 2006 PA 298, section 907 as amended by 2008 PA 463, and section 909 as amended by 2000 PA 94.

The motion prevailed.

The House agreed to the title as amended.

Rep. Dean 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:

There was an amendment placed on this at the last minute which we don’t know what it does. Also, there are already laws on the books to enforce dangerous driving. It does not stop people from using their phones as TVs, stock market quotes etc. It’s also a primary offense, meaning they can stop you for almost any reason of suspicion of texting.”

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Warren, Scripps, Smith, Miller, Roberts, Kennedy, Liss, Haase, Haugh, Barnett, Ball, Lisa Brown, Terry Brown, Espinoza, Robert Jones, Kandrevas, Kowall, LeBlanc, Lori, Marleau, Mayes, Neumann, Polidori, Sheltrown, Spade, Stanley and Tlaib offered the following resolution:

House Resolution No. 256.

A resolution to declare April 19-April 26, 2010, as Conservation Week in the state of Michigan.

Whereas, The House of Representatives has seen great value in the proper conservation of our natural resources with three previous annual celebrations of Conservation Week, taking the charge specifically provided to the Legislature in Article IV, Section 52 of the Constitution of the State of Michigan of 1963:

“The conservation and development of the natural resources of the state are hereby declared to be of paramount public concern in the interest of the health, safety and general welfare of the people. The legislature shall provide for the protection of the air, water and other natural resources of the state from pollution, impairment and destruction.”

; and

Whereas, The House of Representatives has celebrated land conservation, state parks, recycling, and our Great Lakes and other key environmental issues during the third week of April to center around the nation’s celebration of Earth Day on April 22nd; and

Whereas, The House of Representatives has seen fit to again celebrate Conservation Week with another week-long series of events designed to draw attention to the need to conserve our natural resources; and

Whereas, This year, the House of Representatives has chosen to focus its efforts on the recent enactment of the Michigan recreation passport and the need to continue to educate the public in the mission to protect our waters and lands from invasive species; and

Whereas, Funding for the Michigan State Parks systems has been inadequate to protect our parks and ensure they are open for public access, and whereas the threat of invasive species is the number one threat to Great Lakes ecosystems. The House of Representatives has been active in passing legislation both to protect Michigan’s parks and guard against invasive species, while also adopting the Great Lakes Basin’s most comprehensive ballast water regulation law and remains the regional leader in instituting aggressive penalties to help provide deterrents to further invasions of land and water invasives; and

Whereas, The House of Representatives has taken specific action on Asian Carp through House Resolutions requesting funding for electric barriers, while one of Michigan’s Representatives has joined in a lawsuit filed by the Michigan Attorney General to close the Chicago shipping canals, and another legislator has introduced legislation prohibiting the use of Asian Carp as bait; and

Whereas, There is an increasing need for coordinated regional action to bring together all Great Lakes states to stop the spread of invasive species, including new threats from land and water invasives that will impact Michigan’s water quality and in that quest the House of Representatives has helped support the founding of the Great Lakes Legislative Caucus; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 19-26, 2010, as Conservation Week in the state of Michigan. During this week, the House of Representatives will take measures to educate the public and create awareness for threats posed by invasives and bring awareness to the new recreation opportunities that await Michigan citizens with the implementation of the Michigan Recreation Passport legislation; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, the Director of the Department of Natural Resources and the Environment, the Senate Majority Leader, and the Speaker of the House of Representatives.

The question being on the adoption of the resolution,

The resolution was adopted.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Wednesday, April 21:

House Bill Nos. 6048 6049 6050 6051 6052 6053 6054 6055

House Joint Resolution DDD

The Clerk announced that the following Senate bills had been received on Wednesday, April 21:

Senate Bill Nos. 647 648 649 650 651 652 1204

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Ebli, Chair, reported

House Bill No. 5786, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding sections 7mm and 9m.

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. Ebli, Melton, Robert Jones, Kandrevas, Lipton, Meadows, Slezak, Warren, Calley, Kowall, Lund, Meltzer, Stamas and Walsh

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ebli, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, April 21, 2010

Present: Reps. Ebli, Melton, Barnett, Robert Jones, Kandrevas, Lipton, Mayes, Meadows, Slezak, Warren, Calley, Kowall, Lund, Meekhof, Meltzer, Stamas and Walsh

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Bill No. 5371, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 321 and 2529 (MCL 600.321 and 600.2529), section 321 as amended by 2007 PA 64 and section 2529 as amended by 2004 PA 205.

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. Meadows, Lipton, Constan, Coulouris, Kandrevas, Bettie Scott, Warren, Haveman, Rick Jones and Rocca

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 21, 2010

Present: Reps. Meadows, Lipton, Lisa Brown, Constan, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca

Absent: Rep. Corriveau

Excused: Rep. Corriveau

The Committee on Families and Children’s Services, by Rep. Valentine, Chair, reported

House Resolution No. 220.

A resolution to memorialize Congress to reauthorize the funding for the Temporary Assistance to Needy Families Emergency Fund program.

(For text of resolution, see House Journal No. 23, p. 270.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Valentine, Womack, Liss, Neumann and Slavens

Nays: Reps. Kurtz, McMillin and Pavlov

The Committee on Families and Children’s Services, by Rep. Valentine, Chair, reported

House Concurrent Resolution No. 46.

A concurrent resolution to memorialize the Congress and President Obama to use all means necessary to immediately stop the inhumane and illegal kidnapping of children in Haiti.

(For text of concurrent resolution, see House Journal No. 27, p. 343.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Valentine, Liss, Neumann, Slavens, Kurtz, McMillin and Pavlov

Nays: None

The Committee on Families and Children’s Services, by Rep. Valentine, Chair, reported

House Concurrent Resolution No. 56.

A concurrent resolution to memorialize Congress to take urgent steps to expedite the reauthorization of the funding for the Temporary Assistance to Needy Families Emergency Contingency Fund.

(For text of concurrent resolution, see House Journal No. 35, p. 541.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Valentine, Womack, Liss, Neumann and Slavens

Nays: Reps. Kurtz, McMillin and Pavlov

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Valentine, Chair, of the Committee on Families and Children’s Services, was received and read:

Meeting held on: Wednesday, April 21, 2010

Present: Reps. Valentine, Womack, Liss, Neumann, Slavens, Kurtz, McMillin and Pavlov

Absent: Rep. Moore

Excused: Rep. Moore

The Committee on Agriculture, by Rep. Huckleberry, Chair, reported

Senate Bill No. 1138, entitled

A bill to amend 1879 PA 248, entitled “An act to prevent animals from running at large in certain cities and villages within this state,” by amending section 1 (MCL 433.51) and by adding section 13.

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. Huckleberry, Mayes, Griffin, Haase, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz

Nays: None

The Committee on Agriculture, by Rep. Huckleberry, Chair, reported

House Resolution No. 252.

A resolution to declare April 22, 2010 as Farmers Care Day in the state of Michigan.

(For text of resolution, see House Journal No. 35, p. 539.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Huckleberry, Mayes, Barnett, Griffin, Haase, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 21, 2010

Present: Reps. Huckleberry, Mayes, Barnett, Griffin, Haase, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Angerer, Chair, of the Committee on Ethics and Elections, was received and read:

Meeting held on: Wednesday, April 21, 2010

Present: Reps. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer, Kurtz and Pearce

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Clemente, Chair, of the Committee on New Economy and Quality of Life, was received and read:

Meeting held on: Wednesday, April 21, 2010

Present: Reps. Clemente, Stanley, Byrnes, Geiss, Griffin, Leland, Segal, Knollenberg, Bolger, Denby and Tyler

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Robert Jones, Chair, of the Committee on Commerce, was received and read:

Meeting held on: Wednesday, April 21, 2010

Present: Reps. Robert Jones, Barnett, Byrum, Clemente, Haugh, Huckleberry, Lemmons, Nathan, Nerat, Roy Schmidt, Sheltrown, Womack, Hansen, DeShazor, Knollenberg, Meekhof, Meltzer, Opsommer and Walsh

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 21, 2010

Present: Reps. Lindberg, Kennedy, Kandrevas, Liss, Bettie Scott, Slezak, Young, Amash, Daley, Haveman and McMillin

Messages from the Senate

Senate Bill No. 647, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2685, 2690, 2691, and 2692 (MCL 333.2685, 333.2690, 333.2691, and 333.2692) and by adding sections 2693 and 2696.

The Senate has passed the bill.

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

Senate Bill No. 648, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13k of chapter XVII (MCL 777.13k), as added by 2002 PA 30.

The Senate has passed the bill.

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

Senate Bill No. 649, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 2694 and 2695.

The Senate has passed the bill.

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

Senate Bill No. 650, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13k of chapter XVII (MCL 777.13k), as added by 2002 PA 30.

The Senate has passed the bill.

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

Senate Bill No. 651, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 430a (MCL 750.430a), as added by 1998 PA 110.

The Senate has passed the bill.

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

Senate Bill No. 652, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16v of chapter XVII (MCL 777.16v), as amended by 2008 PA 412.

The Senate has passed the bill.

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

Senate Bill No. 1204, entitled

A bill to amend 1980 PA 395, entitled “Community convention or tourism marketing act,” by amending section 2 (MCL 141.872), as amended by 1993 PA 224.

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 5747.

Rep. Pavlov

Pursuant to Rule 41, the Speaker has made the following reassignments:

House Bill No. 6047 referred to the Committee on Senior Health, Security, and Retirement on April 21, 2010.

House Bill No. 6051 referred to the Committee on Banking and Financial Services on April 21, 2010.

House Bill No. 6052 referred to the Committee on Banking and Financial Services on April 21, 2010.

Introduction of Bills

Rep. Polidori introduced

House Bill No. 6056, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2512 (MCL 339.2512), as amended by 2008 PA 90 and by adding section 2516.

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

Reps. Rick Jones, Polidori, Espinoza, Gonzales and Green introduced

House Bill No. 6057, entitled

A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657).

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

______

Rep. Pavlov moved that the House adjourn.

The motion prevailed, the time being 4:15 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, April 22, at 12:00 Noon.

RICHARD J. BROWN

Clerk of the House of Representatives

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