No. 39
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2010
House Chamber, Lansing, Wednesday, April 28, 2010.
1:30 p.m.
The House was called to order by Associate Speaker Pro Tempore Scripps.
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—excused Scripps—present
Brown, T.—present Haines—present Mayes—present Segal—present
Byrnes—present Hammel—present McDowell—present Sheltrown—present
Byrum—present Hansen—e/d/s McMillin—present Slavens—present
Calley—excused 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
Crawford—present Jackson—present Moore—present Switalski—present
Cushingberry—present Johnson—present Moss—present Tlaib—present
Daley—present Jones, Rick—present Nathan—excused Tyler—present
Dean—present Jones, Robert—present Nerat—present Valentine—present
Denby—present Kandrevas—present Neumann—present Walsh—present
DeShazor—present Kennedy—present Opsommer—present Warren—present
Dillon—present Knollenberg—present Pavlov—present Womack—present
Donigan—present Kowall—present Pearce—present Young—present
e/d/s = entered during session
Rep. Bettie Cook Scott, from the 3rd District, offered the following invocation:
“Our Father Who sits high and is able to stop us from falling into the shadow of death, hear this prayer. We first take this opportunity to say ‘Thank You, Lord.’ Now let the lips of truth rule in this magnificent place and the lying tongue only last for a moment. For righteousness is life and in the pathway thereof, there is no death. Deceit is in the heart of them who imagine evil, but to the counselor of peace there is always joy. Lord, may Your spirit be present today with this body. These things we ask in Thy holy name, Amen.”
______
Rep. Opsommer moved that Reps. Calley and Marleau be excused from today’s session.
The motion prevailed.
Rep. Melton moved that Rep. Nathan be excused from today’s session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
Senate Bill No. 468, entitled
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 bill was received from the Senate on April 27, with an amendment to the House substitute (H-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 38, p. 595.)
The question being on concurring in the amendment to the House substitute (H-1) made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 156 Yeas—82
Angerer Donigan Knollenberg Proos
Ball Ebli Kowall Roberts
Barnett Elsenheimer LeBlanc Rocca
Bauer Espinoza Lindberg Rogers
Bennett Geiss Lipton Schmidt, W.
Bledsoe Genetski Liss Schuitmaker
Bolger Gonzales Lori Scott, P.
Booher Green Lund Scripps
Brown, L. Gregory Mayes Segal
Brown, T. Griffin Meadows Sheltrown
Byrnes Haase Melton Slavens
Byrum Haines Meltzer Slezak
Caul Hammel Miller Smith
Clemente Haugh Moss Spade
Constan Hildenbrand Nerat Stanley
Corriveau Horn Neumann Switalski
Crawford Huckleberry Opsommer Tyler
Daley Jones, Rick Pavlov Valentine
Dean Jones, Robert Pearce Walsh
DeShazor Kandrevas Polidori Warren
Dillon Kennedy
Nays—22
Agema Jackson McDowell Scott, B.
Amash Johnson McMillin Stamas
Cushingberry Kurtz Meekhof Tlaib
Denby Lahti Moore Womack
Durhal Leland Schmidt, R. Young
Haveman Lemmons
In The Chair: Scripps
The House agreed to the title as amended.
Second Reading of Bills
House Bill No. 5198, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 701 (MCL 436.1701), as amended by 2006 PA 682.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Opsommer moved to substitute (H-2) the bill.
The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Haugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Melton 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. 5198, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 701 (MCL 436.1701), as amended by 2006 PA 682.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 157 Yeas—93
Angerer Espinoza LeBlanc Roberts
Ball Geiss Leland Rocca
Barnett Genetski Lemmons Rogers
Bauer Gonzales Lindberg Schmidt, R.
Bledsoe Green Lipton Schmidt, W.
Bolger Gregory Liss Schuitmaker
Booher Haase Lori Scott, B.
Brown, L. Haines Lund Scott, P.
Brown, T. Hammel Mayes Scripps
Byrnes Haugh McDowell Segal
Byrum Haveman Meadows Sheltrown
Clemente Horn Meekhof Slavens
Constan Huckleberry Melton Slezak
Corriveau Jackson Meltzer Spade
Crawford Johnson Miller Stanley
Cushingberry Jones, Rick Moore Switalski
Daley Jones, Robert Moss Tlaib
Dean Kandrevas Nerat Tyler
Denby Kennedy Neumann Valentine
DeShazor Knollenberg Pavlov Walsh
Dillon Kowall Pearce Warren
Donigan Kurtz Polidori Womack
Durhal Lahti Proos Young
Ebli
Nays—11
Agema Caul Hildenbrand Smith
Amash Elsenheimer McMillin Stamas
Bennett Griffin Opsommer
In The Chair: Scripps
The House agreed to the title of the bill.
Rep. Melton 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. 5199, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 319 (MCL 257.319), as amended by 2008 PA 463.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Opsommer moved to substitute (H-2) the bill.
The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Haugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Melton 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. 5199, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 319 (MCL 257.319), as amended by 2008 PA 463.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 158 Yeas—91
Angerer Ebli Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Gonzales Lipton Schmidt, W.
Bledsoe Green Liss Schuitmaker
Bolger Gregory Lori Scott, B.
Booher Haase Lund Scott, P.
Brown, L. Haines Mayes Scripps
Brown, T. Hammel McDowell Segal
Byrnes Haugh Meadows Sheltrown
Byrum Haveman Meekhof Slavens
Clemente Huckleberry Melton Slezak
Constan Jackson Meltzer Spade
Corriveau Johnson Miller Stanley
Crawford Jones, Rick Moore Switalski
Cushingberry Jones, Robert Moss Tlaib
Daley Kandrevas Nerat Tyler
Dean Kennedy Neumann Valentine
Denby Knollenberg Pavlov Walsh
DeShazor Kowall Pearce Warren
Dillon Kurtz Polidori Womack
Donigan Lahti Proos Young
Durhal LeBlanc Roberts
Nays—13
Agema Elsenheimer Hildenbrand Opsommer
Amash Genetski Horn Smith
Bennett Griffin McMillin Stamas
Caul
In The Chair: Scripps
The House agreed to the title of the bill.
Rep. Melton 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. 6044, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2009 PA 241.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on New Economy and Quality of Life,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Amash moved to amend the bill as follows:
1. Amend page 27, line 4, after “TAX” by inserting “IMPOSED”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Clemente moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Melton moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Hansen entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6044, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2009 PA 241.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 159 Yeas—99
Agema Ebli Kurtz Rocca
Angerer Elsenheimer Lahti Rogers
Ball Espinoza LeBlanc Schmidt, R.
Barnett Geiss Leland Schmidt, W.
Bauer Gonzales Lemmons Schuitmaker
Bennett Green Lindberg Scott, B.
Bledsoe Gregory Lipton Scott, P.
Bolger Griffin Liss Scripps
Booher Haase Lori Segal
Brown, L. Haines Lund Sheltrown
Brown, T. Hammel Mayes Slavens
Byrnes Hansen McDowell Slezak
Byrum Haugh Meadows Smith
Caul Haveman Meekhof Spade
Clemente Hildenbrand Melton Stamas
Constan Horn Meltzer Stanley
Corriveau Huckleberry Moore Switalski
Crawford Jackson Moss Tlaib
Cushingberry Johnson Nerat Tyler
Dean Jones, Rick Neumann Valentine
Denby Jones, Robert Pavlov Walsh
DeShazor Kandrevas Pearce Warren
Dillon Kennedy Polidori Womack
Donigan Knollenberg Proos Young
Durhal Kowall Roberts
Nays—6
Amash Genetski Miller Opsommer
Daley McMillin
In The Chair: Scripps
The House agreed to the title of the bill.
Rep. Melton 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:
In light of the Auditor General’s recent report detailing less-than-accurate monitoring, administration, and reported benefit of many of the state’s economic development incentives including Brownfield Redevelopment credits, I cannot support extending this program. The foregone revenue is needed to fund early childhood education and other important programs or at the least make the tax burden fair to all taxpayers instead of just those who have the connections to get the Brownfield credits.”
Second Reading of Bills
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.
The bill was read a second time.
Rep. Constan 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. Constan moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Melton 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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 160 Yeas—98
Agema Ebli Kurtz Rocca
Angerer Elsenheimer Lahti Rogers
Ball Espinoza LeBlanc Schmidt, R.
Barnett Geiss Leland Schmidt, W.
Bauer Genetski Lemmons Schuitmaker
Bennett Gonzales Lindberg Scott, B.
Bledsoe Green Lipton Scott, P.
Bolger Gregory Liss Scripps
Booher Griffin Lori Segal
Brown, T. Haase Mayes Sheltrown
Byrnes Haines McDowell Slavens
Byrum Hammel Meadows Slezak
Caul Hansen Meekhof Smith
Clemente Haugh Melton Spade
Constan Haveman Miller Stamas
Corriveau Hildenbrand Moore Stanley
Crawford Horn Moss Switalski
Cushingberry Huckleberry Nerat Tlaib
Daley Jackson Neumann Tyler
Dean Johnson Pavlov Valentine
Denby Jones, Rick Pearce Walsh
DeShazor Jones, Robert Polidori Warren
Dillon Kandrevas Proos Womack
Donigan Kennedy Roberts Young
Durhal Kowall
Nays—7
Amash Knollenberg McMillin Opsommer
Brown, L. Lund Meltzer
In The Chair: Scripps
The question being on agreeing to the title of the bill,
Rep. Melton moved to amend the title to read as follows:
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 2009 PA 239.
The motion prevailed.
The House agreed to the title as amended.
Rep. Melton 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. Pavlov moved that the Committee on Education be discharged from further consideration of House Bill No. 5747.
(For first notice see House Journal No. 38, p. 592.)
The question being on the motion made by Rep. Pavlov,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Bledsoe offered the following resolution:
House Resolution No. 264.
A resolution to declare April 2010 as Student Athlete Cardiac Awareness Month in the state of Michigan.
Whereas, There have been at least 41 deaths of student athletes due to sudden cardiac arrest and related causes in the state of Michigan since December of 1999; and
Whereas, One of those students was 15-year old Kimberly Anne Gillary, whose life was tragically lost as a result of a sudden cardiac arrest in a high school water polo game on April 1, 2000; and
Whereas, The Gillary family founded the Kimberly Anne Gillary Foundation in April, 2000 in Kimberly’s memory to donate Automated External Defibrillators (AEDs) to Michigan high schools and to advocate cardiac screening and testing of all Michigan high school student athletes; and
Whereas, As of February 1, 2010, the Kimberly Anne Gillary Foundation has raised more than $1 million and has donated more than 500 AEDs to Michigan high schools; and
Whereas, There have been at least two lives saved using AEDs donated by the Kimberly Anne Gillary Foundation to Michigan high schools: On October 24, 2007, the life of 17-year old Ashley Palmer was saved at Davison High School due to the quick thinking and training of Davison High School staff members after Ashley suffered a sudden cardiac arrest; and on April 22, 2009, 67-year old Larry Ratkowski was saved at Hamilton High School while a spectator at a high school baseball game due to the quick thinking and training of the Hamilton High School Principal, the Athletic Trainer, one of the students, and a Deputy Sheriff; and
Whereas, In large part as a result of the efforts of the Kimberly Anne Gillary Foundation, approximately 75% of the high schools in Michigan now have at least one AED and staff members trained in CPR and the use of an AED, and there is an increased awareness of the importance of more effective pre-participation cardiac screening of our high school student athletes and of having AEDs readily accessible in Michigan high schools; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 2010 as Student Athlete Cardiac Awareness Month in the state of Michigan; and be it further
Resolved, That the people of the state of Michigan are hereby encouraged to become more aware of the importance of improved pre-participation screening of our student athletes and of the preparedness of our citizenry and public employees to respond to the sudden cardiac arrest of our sons and daughters while entrusted to our public schools in the course of our sons’ and daughters’ education; and be it further
Resolved, That we encourage the Michigan High School Athletic Association to implement nationally applied standards for the pre-screening of prospective student athletes for conditions that may put them at risk of cardiac arrest.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Lindberg, Ball, Barnett, Lisa Brown, Terry Brown, Constan, Geiss, Robert Jones, Kowall, LeBlanc, Liss, Lori, Mayes, Pearce, Proos, Roberts, Rogers, Segal, Slavens, Spade, Stamas, Tyler, Valentine and Warren offered the following resolution:
House Resolution No. 265.
A resolution declaring the week of April 26 through May 2, 2010, as Michigan School Counselors’ Week.
Whereas, Governor Granholm has declared the week of April 26, 2010 through May 2, 2010, as Michigan School Counselors’ Week; and
Whereas, The House of Representatives has recognized the importance of school counseling through the inclusion of elementary and secondary school counseling programs in Michigan schools; and
Whereas, Michigan School Counselors have long emphasized the importance of personal and social development and academic achievement; and
Whereas, Michigan School Counselors help develop well-rounded students by guiding them through their academic, personal, social and career development; and
Whereas, Michigan School Counselors play a vital role in ensuring that students are aware of financial aid and college opportunities; and
Whereas, Michigan School Counselors may encourage students to pursue challenging academic courses to prepare them for college majors and careers in science, technology, engineering and mathematics fields; and
Whereas, Michigan School Counselors help students cope with the serious and common challenges of growing up, including peer pressure, mental health issues, school violence, disciplinary problems, the deployment of family members to conflicts overseas and problems in the home; and
Whereas, Michigan School Counselors are also instrumental in helping students, teachers and parents deal with personal trauma and community and national tragedies; and
Whereas, Michigan School Counselors are among the few professionals in a school building that are trained both in education and mental health; and
Whereas, Despite the important contributions of school counselors to student success, counseling positions are not always protected when budgets are cut; and
Whereas, The average student-to-counselor ratio in Michigan public schools is 634-to-1, which is almost triple the 250-to-1 ratio recommended by the American School Counselor Association, the American Counseling Association, the American Medical Association, the American Psychological Association and other organizations; and
Whereas, The celebration of Michigan School Counselors’ Week would increase awareness of the important and necessary role Michigan School Counselors play in the lives of students in Michigan; and
Whereas, It is important to acknowledge the role school counselors play in cultivating our most important resource, Michigan’s children; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare the week of April 26 through May 2, 2010, as Michigan School Counselors’ Week.
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Byrnes offered the following resolution:
House Resolution No. 266.
A resolution to declare the week of May 10 to May 16, 2010, as Senior Housing Awareness Week in the state of Michigan.
Whereas, It is essential that elderly adults of Michigan be able to find suitable and appropriate housing for their special needs; and
Whereas, The need for housing for older residents will grow as the aging population grows; and
Whereas, Locating appropriate housing is a time-consuming and difficult process; and
Whereas, Information is power. The better informed our older citizens are about a wide range of housing choices, the better their decisions about where to live will be; and
Whereas, May is Older Adults Month; and
Whereas, Senior Housing Awareness Week is an opportunity to raise awareness in Michigan of appropriate and affordable housing for our older citizens; and
Whereas, The state of Michigan wishes to commend and promote our many fine facilities that currently house many older citizens; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare the week of May 10 through May 16, 2010, as Senior Housing Awareness Week in the state of Michigan; and be it further
Resolved, That the Housing Bureau for Seniors of Washtenaw County be commended for promoting this effort and that a copy of this resolution be transmitted to the Housing Bureau for Seniors.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Terry Brown, Ball, Barnett, Lisa Brown, Constan, Ebli, Geiss, Robert Jones, Knollenberg, Kowall, LeBlanc, Lindberg, Liss, Lori, Mayes, Pearce, Proos, Roberts, Rogers, Segal, Slavens, Spade, Stamas, Tyler, Valentine and Warren offered the following resolution:
House Resolution No. 267.
A resolution to declare May 25, 2010, as Missing Children’s Day in the state of Michigan.
Whereas, According to the U.S. Department of Justice, in one year there were an estimated nearly 800,000 children missing; and
Whereas, On average, there is an estimated average of 2,200 children reported missing to law enforcement agencies daily; and
Whereas, 58,200 of these children are victims of non-family abductions and more than 200,000 are the victims of family abductions; and
Whereas, The National Center for Missing & Exploited Children® (NCMEC) exists as a resource to help prevent child abduction and sexual exploitation; help find missing children; and assist victims of child abduction and sexual exploitation, their families, and the professionals who serve them. The National Center for Missing & Exploited Children’s recovery rate has grown from 62% in 1990 to 96% of domestically missing children, but too many children still remain among the missing; and
Whereas, This special day is a time to remember those children who are missing and give hope to their families; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 25, 2010, as Missing Children’s Day in the state of Michigan; and be it further
Resolved, That we urge the participation of local government, law enforcement, schools, community-based organizations, and families in the protection and education of all individuals about child abduction and sexual exploitation, appropriate protective measures, and ways to respond and seek help from law enforcement, social services, and the National Center for Missing & Exploited Children.
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 Senate bill had been received on Tuesday, April 27:
Senate Bill No. 1228
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, April 28:
House Bill Nos. 6071 6072 6073 6074 6075 6076 6077 6078
Senate Bill Nos. 1286 1287 1288 1289 1290 1291 1292 1293 1294
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Ebli, Chair, reported
House Bill No. 5581, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2008 PA 506.
With the recommendation that the bill be referred to the Committee on Urban Policy.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ebli, Melton, Barnett, Robert Jones, Kandrevas, Lipton, Mayes, Slezak, Warren, Kowall, Lund, Stamas and Walsh
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Urban Policy.
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 28, 2010
Present: Reps. Ebli, Melton, Barnett, Robert Jones, Kandrevas, Lipton, Mayes, Meadows, Slezak, Warren, Kowall, Lund, Stamas and Walsh
Absent: Reps. Calley, Meekhof and Meltzer
Excused: Reps. Calley, Meekhof and Meltzer
The Committee on Commerce, by Rep. Robert Jones, Chair, reported
House Bill No. 6045, entitled
A bill to provide for the procedure for allocation of federal bond limitation under certain bond programs; and to prescribe certain powers and duties of certain state agencies and public officers.
With the recommendation that the substitute (H-3) 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. Robert Jones, Barnett, Byrum, Clemente, Haugh, Huckleberry, Lemmons, Roy Schmidt, Sheltrown, Womack and Walsh
Nays: Reps. Meekhof and Meltzer
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 28, 2010
Present: Reps. Robert Jones, Barnett, Byrum, Clemente, Haugh, Huckleberry, Lemmons, Nerat, Roy Schmidt, Sheltrown, Womack, DeShazor, Knollenberg, Meekhof, Meltzer, Opsommer and Walsh
Absent: Reps. Nathan and Hansen
Excused: Reps. Nathan and Hansen
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Roberts, Vice-Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:
Meeting held on: Tuesday, April 27, 2010
Present: Reps. Roberts, Liss, Roy Schmidt, Rick Jones, Agema, Amash and Kurtz
Absent: Reps. Polidori and Byrnes
Excused: Reps. Polidori and Byrnes
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 28, 2010
Present: Reps. Clemente, Stanley, Byrnes, Geiss, Griffin, Leland, Segal, Knollenberg, Bolger, Denby and Tyler
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 28, 2010
Present: Reps. Valentine, Womack, Liss, Neumann, Slavens, Kurtz, McMillin, Moore and Pavlov
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 28, 2010
Present: Reps. Meadows, Lipton, Lisa Brown, Byrnes, Constan, Corriveau, Kandrevas, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca
Absent: Rep. Bettie Scott
Excused: Rep. Bettie Scott
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 28, 2010
Present: Reps. Huckleberry, Mayes, Barnett, Haase, Nerat, Valentine, Tyler, Daley and Kurtz
Absent: Reps. Griffin and Hansen
Excused: Reps. Griffin and Hansen
Messages from the Senate
Senate Bill No. 1227, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 4, 6, 7, 8, 25, 26, 41, 42, 43a, 43b, 43c, 61, 81, 86, and 87 (MCL 38.1304, 38.1306, 38.1307, 38.1308, 38.1325, 38.1326, 38.1341, 38.1342, 38.1343a, 38.1343b, 38.1343c, 38.1361, 38.1381, 38.1386, and 38.1387), section 4 as amended by 2008 PA 354, sections 6 and 7 as amended by 1995 PA 272, sections 8, 25, and 26 as amended by 1997 PA 143, section 41 as amended by 2007 PA 15, section 42 as amended by 1996 PA 268, section 43a as amended by 2007 PA 111, sections 43b and 81 as amended by 1989 PA 194, section 43c as amended by 1998 PA 213, and section 61 as amended by 2006 PA 158, and by adding sections 41b, 43e, 43f, and 81c and article 7.
The Senate has nonconcurred in the House substitute (H-9) and appointed Senators Gilbert, Jansen and Cherry as conferees.
The message was referred to the Clerk for record on April 27, 2010.
House Bill No. 5094, entitled
A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending section 10 (MCL 28.610), as amended by 1998 PA 237.
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. 5095, entitled
A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending the title and sections 2, 3, 4, 7, 8, 9, 14, 17, 19, 25, and 29 (MCL 338.1052, 338.1053, 338.1054, 338.1057, 338.1058, 338.1059, 338.1064, 338.1067, 338.1069, 338.1075, and 338.1079), the title and sections 2, 3, 7, 14, 17, 19, and 29 as amended by 2002 PA 473, sections 4 and 8 as amended by 2000 PA 411, and sections 9 and 25 as amended by 2004 PA 270, and by adding sections 6a, 37, 38, 39, 40, 41, and 42.
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. 5495, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 12 (MCL 207.782), as amended by 2006 PA 661.
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. 5698, entitled
A bill to amend 1967 PA 288, entitled “Land division act,” by amending sections 102, 151, 172, 173, 198, 210, 224a, 229, 242, 244, 255b, 256, 257, and 290 (MCL 560.102, 560.151, 560.172, 560.173, 560.198, 560.210, 560.224a, 560.229, 560.242, 560.244, 560.255b, 560.256, 560.257, and 560.290), section 102 as amended by 1996 PA 591 and section 224a as amended by 1996 PA 219.
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. 5555, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 3 (MCL 125.2683), as amended by 2008 PA 217.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1996 PA 376, entitled “An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,” by amending section 3 (MCL 125.2683), as amended by 2010 PA 5.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 1228, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2009 PA 109.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Notices
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 1227, Reps. Griffin, Meadows and Bolger.
April 27, 2010
Mr. Richard J. Brown, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48913
Dear Mr. Clerk:
I hereby appoint Representative Pam Byrnes to the House Standing Committee on Judiciary for the 2009-2010 Legislative Session.
Please do not hesitate to contact my office with any questions or concerns.
Regards,
Andy Dillon
Speaker
Michigan House of Representatives
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4572.
Rep. Agema
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4573.
Rep. Agema
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4574.
Rep. Agema
Introduction of Bills
Rep. Spade introduced
House Bill No. 6079, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2008 PA 463.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Cushingberry introduced
House Bill No. 6080, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Cushingberry introduced
House Bill No. 6081, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Cushingberry introduced
House Bill No. 6082, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Cushingberry introduced
House Bill No. 6083, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Cushingberry introduced
House Bill No. 6084, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Cushingberry introduced
House Bill No. 6085, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Cushingberry introduced
House Bill No. 6086, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Cushingberry introduced
House Bill No. 6087, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Cushingberry introduced
House Bill No. 6088, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Cushingberry introduced
House Bill No. 6089, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Meltzer, Opsommer, Knollenberg, Pavlov, Paul Scott and Genetski introduced
House Bill No. 6090, entitled
A bill to amend 1971 PA 140, entitled “Glenn Steil state revenue sharing act of 1971,” by amending section 13 (MCL 141.913), as amended by 2006 PA 437.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Green, Liss, Haase, Constan, Slavens, Meekhof, Roy Schmidt, Terry Brown, Espinoza, Scripps, Kennedy, Miller, Johnson, Huckleberry, Donigan, Rogers, Kowall, Marleau, Hildenbrand, Elsenheimer, Schuitmaker, Denby, Rick Jones, Crawford, Lori, Haines, Pearce, Ball, Booher, Wayne Schmidt, Haveman, Hansen, Horn, Opsommer, Calley, Daley, Tyler, Valentine, Leland, Bolger, Mayes, Lahti, Spade, Neumann, Polidori, Lemmons, Nerat, Lipton, Moore, Stamas, Rocca, DeShazor, Kurtz, Walsh, Caul, Bledsoe, Gregory, Knollenberg, Slezak, Proos, Pavlov, Lund, Haugh, Tlaib, Young, Robert Jones, Geiss, Bennett, Switalski, Kandrevas, Jackson, Sheltrown, Lindberg, Bettie Scott, Dean, Durhal, Meadows, McMillin, Clemente, Cushingberry, McDowell, Meltzer, Hammel, Gonzales, Nathan and Bauer introduced
House Bill No. 6091, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16278.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Kowall, Moss, Marleau, LeBlanc, Rogers, Haines, Knollenberg, Denby, Wayne Schmidt, Crawford, McMillin, Scripps, Lisa Brown and Rick Jones introduced
House Bill No. 6092, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2035 and 80117 (MCL 324.2035 and 324.80117), section 2035 as added by 2004 PA 587 and section 80117 as added by 1995 PA 58.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
House Bill No. 5409, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide for the expenditure of 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, Lahti, LeBlanc, McDowell, Smith, Spade, Switalski, Tlaib, Booher, Caul, Green, Lori, Proos and Schuitmaker
Nays: None
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
Senate Bill No. 484, entitled
A bill to amend 1982 PA 204, entitled “Deaf persons’ interpreters act,” (MCL 393.501 to 393.509) by adding section 8f.
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, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
Nays: None
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
Senate Bill No. 1061, entitled
A bill to amend 1974 PA 359, entitled “An act to authorize the department of natural resources to convey certain lands lying within the boundaries of the lakeshore zone and parkway location of the Sleeping Bear dunes national lakeshore park to the United States; to provide for cession of certain jurisdiction of this state and to determine the measure thereof over such lands; to authorize acceptance of relinquished jurisdiction over such lands or portions thereof; and to repeal certain acts and parts of acts,” by amending section 8 (MCL 3.908), as amended by 1996 PA 30; and to repeal acts and parts of acts.
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, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, April 28, 2010
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
______
Rep. Nerat moved that the House adjourn.
The motion prevailed, the time being 4:35 p.m.
Associate Speaker Pro Tempore Scripps declared the House adjourned until Thursday, April 29, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives
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