No. 34
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Tuesday, April 28, 2009.
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 Lahti—present Proos—present
Amash—present Ebli—present LeBlanc—present Roberts—present
Angerer—present Elsenheimer—present Leland—present Rocca—present
Ball—present Espinoza—present Lemmons—present Rogers—present
Barnett—present Geiss—present Lindberg—present Schmidt, R.—present
Bauer—present Genetski—present Lipton—present Schmidt, W.—present
Bennett—present Gonzales—present Liss—present Schuitmaker—present
Bledsoe—present Green—present Lori—present Scott, B.—present
Bolger—present Gregory—present Lund—present Scott, P.—present
Booher—present Griffin—present Marleau—present Scripps—present
Brown, L.—present Haase—present Mayes—present Segal—present
Brown, T.—present Haines—present McDowell—present Sheltrown—present
Byrnes—present Hammel—present McMillin—present Simpson—present
Byrum—present Hansen—present Meadows—present Slavens—present
Calley—present Haugh—present Meekhof—present Slezak—present
Caul—present Haveman—present Melton—present Smith—present
Clemente—present Hildenbrand—present Meltzer—present Spade—present
Constan—present Horn—present Miller—present Stamas—present
Corriveau—present Huckleberry—present Moore—present Stanley—present
Coulouris—present Jackson—present Moss—present Switalski—present
Crawford—present Johnson—present Nathan—present Tlaib—present
Cushingberry—present Jones, Rick—present Nerat—present Tyler—present
Daley—present Jones, Robert—excused Neumann—present Valentine—present
Dean—present Kandrevas—present Opsommer—present Walsh—present
Denby—present Kennedy—present Pavlov—present Warren—present
DeShazor—present Knollenberg—present Pearce—present Womack—present
Dillon—present Kowall—present Polidori—present Young—present
Donigan—present Kurtz—present
e/d/s = entered during session
Rep. Joseph Haveman, from the 90th District, offered the following invocation:
“Almighty God, thank Thee for the job of this day. May we find gladness in all its toil and difficulty, its pleasure and success, and even in its failure and sorrow. We would look always away from ourselves, and behold the glory and the need of the world that we may have the will and the strength to bring the gift of gladness to others; that with them we stand to bear the burden and heat of the day and offer Thee the praise of work well done. Amen.”
______
Rep. Angerer moved that Rep. Robert Jones be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Rep. Angerer moved that the Committee on Labor be discharged from further consideration of House Resolution No. 84.
(For first notice see House Journal No. 33, p. 695.)
The question being on the motion made by Rep. Angerer,
The motion prevailed, a majority of the members serving voting therefor.
The Speaker laid before the House
House Resolution No. 84.
A resolution recognizing April 28, 2009, as Equal Pay Day in the state of Michigan.
(For text of resolution, see House Journal No. 33, p. 691.)
(The resolution was discharged from the Committee on Labor on April 28.)
The question being on the adoption of the resolution,
Rep. Angerer demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 175 Yeas—108
Agema Durhal Lahti Proos
Angerer Ebli LeBlanc Roberts
Ball Elsenheimer Leland Rocca
Barnett Espinoza Lemmons Rogers
Bauer Geiss Lindberg Schmidt, R.
Bennett Genetski Lipton Schmidt, W.
Bledsoe Gonzales Liss Schuitmaker
Bolger Green Lori Scott, B.
Booher Gregory Lund Scott, P.
Brown, L. Griffin Marleau Scripps
Brown, T. Haase Mayes Segal
Byrnes Haines McDowell Sheltrown
Byrum Hammel McMillin Simpson
Calley Hansen Meadows Slavens
Caul Haugh Meekhof Slezak
Clemente Haveman Melton Smith
Constan Hildenbrand Meltzer Spade
Corriveau Horn Miller Stamas
Coulouris Huckleberry Moore Stanley
Crawford Jackson Moss Switalski
Cushingberry Johnson Nathan Tlaib
Daley Jones, Rick Nerat Tyler
Dean Kandrevas Neumann Valentine
Denby Kennedy Opsommer Walsh
DeShazor Knollenberg Pavlov Warren
Dillon Kowall Pearce Womack
Donigan Kurtz Polidori Young
Nays—1
Amash
In The Chair: Byrnes
Reps. Angerer, Ball, Bennett, Booher, Terry Brown, Clemente, Constan, Cushingberry, Dean, Denby, Espinoza, Gonzales, Hammel, Huckleberry, Jackson, Johnson, Kandrevas, Lahti, LeBlanc, Leland, Lemmons, Lipton, Lori, Mayes, McDowell, Melton, Meltzer, Miller, Neumann, Opsommer, Polidori, Wayne Schmidt, Spade and Womack were named co‑sponsors of the resolution.
Reports of Standing Committees
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
House Resolution No. 71.
A resolution to memorialize the United States Congress to increase funding for research into the causes and treatment of autism and to improve training and support for individuals with autism and those who care for individuals with autism.
(For text of resolution, see House Journal No. 31, p. 638.)
With the recommendation that the resolution be adopted.
Favorable Roll Call
To Report Out:
Yeas: Reps. Corriveau, Segal, Byrum, Coulouris, Donigan, Johnson, Liss, Neumann, Roy Schmidt, Simpson, Slavens, Valentine, Womack, Marleau, Ball, Calley, Crawford, Denby, Green and Paul Scott
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Corriveau, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, April 28, 2009
Present: Reps. Corriveau, Segal, Byrum, Coulouris, Donigan, Johnson, Liss, Neumann, Roy Schmidt, Simpson, Slavens, Valentine, Womack, Marleau, Ball, Calley, Crawford, Denby, Green and Paul Scott
Absent: Rep. Moore
Excused: Rep. Moore
The Speaker laid before the House
House Resolution No. 71.
A resolution to memorialize the United States Congress to increase funding for research into the causes and treatment of autism and to improve training and support for individuals with autism and those who care for individuals with autism.
(For text of resolution, see House Journal No. 31, p. 638.)
(The resolution was reported by the Committee on Health Policy on April 28.)
The question being on the adoption of the resolution,
Rep. Angerer demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 176 Yeas—106
Agema Durhal Leland Roberts
Angerer Ebli Lemmons Rocca
Ball Elsenheimer Lindberg Rogers
Barnett Espinoza Lipton Schmidt, R.
Bauer Geiss Liss Schmidt, W.
Bennett Gonzales Lori Schuitmaker
Bledsoe Green Lund Scott, B.
Bolger Gregory Marleau Scott, P.
Booher Griffin Mayes Scripps
Brown, L. Haase McDowell Segal
Brown, T. Haines McMillin Sheltrown
Byrnes Hammel Meadows Simpson
Byrum Hansen Meekhof Slavens
Calley Haugh Melton Slezak
Caul Haveman Meltzer Smith
Clemente Hildenbrand Miller Spade
Constan Horn Moore Stamas
Corriveau Huckleberry Moss Stanley
Coulouris Jackson Nathan Switalski
Crawford Johnson Nerat Tlaib
Cushingberry Jones, Rick Neumann Tyler
Daley Kandrevas Opsommer Valentine
Dean Kennedy Pavlov Walsh
Denby Knollenberg Pearce Warren
DeShazor Kowall Polidori Womack
Dillon Lahti Proos Young
Donigan LeBlanc
Nays—3
Amash Genetski Kurtz
In The Chair: Byrnes
Reps. Bennett, Terry Brown, Byrnes, Calley, Caul, Clemente, Corriveau, Crawford, Denby, DeShazor, Dillon, Donigan, Griffin, Haines, Horn, Jackson, Kandrevas, Kennedy, Kowall, Lahti, LeBlanc, Lori, McDowell, Opsommer, Rogers, Simpson, Slezak and Womack were named co‑sponsors of the resolution.
Second Reading of Bills
Pending the Second Reading of
House Bill No. 4155, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending the title and sections 5f, 5k, and 5o (MCL 28.425f, 28.425k, and 28.425o), the title as amended and section 5k as added by 2000 PA 381, section 5f as amended by 2008 PA 194, and section 5o as amended by 2008 PA 407.
Rep. Angerer moved that the bill be re-referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4156, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224a (MCL 750.224a), as amended by 2006 PA 457.
Rep. Angerer moved that the bill be re-referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4164, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2008 PA 538.
Rep. Angerer moved that the bill be re-referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Concurrent Resolution No. 13.
A concurrent resolution to urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.
(For text of concurrent resolution, see House Journal No. 22, p. 381.)
(The concurrent resolution was reported by the Committee on Energy and Technology on March 31.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Second Reading of Bills
House Bill No. 4535, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2008 PA 199.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Byrnes moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal 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. 4535, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2008 PA 199.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 177 Yeas—109
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal 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. 4820, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 18 (MCL 722.638), as amended by 1998 PA 428.
The bill was read a second time.
Rep. Byrnes moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal 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. 4820, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 18 (MCL 722.638), as amended by 1998 PA 428.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 178 Yeas—109
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal 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. 4470, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 3 (MCL 408.473).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families and Children’s Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Neumann moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal 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. 4470, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 3 (MCL 408.473).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 179 Yeas—108
Agema Durhal Lahti Proos
Angerer Ebli LeBlanc Roberts
Ball Elsenheimer Leland Rocca
Barnett Espinoza Lemmons Rogers
Bauer Geiss Lindberg Schmidt, R.
Bennett Genetski Lipton Schmidt, W.
Bledsoe Gonzales Liss Schuitmaker
Bolger Green Lori Scott, B.
Booher Gregory Lund Scott, P.
Brown, L. Griffin Marleau Scripps
Brown, T. Haase Mayes Segal
Byrnes Haines McDowell Sheltrown
Byrum Hammel McMillin Simpson
Calley Hansen Meadows Slavens
Caul Haugh Meekhof Slezak
Clemente Haveman Melton Smith
Constan Hildenbrand Meltzer Spade
Corriveau Horn Miller Stamas
Coulouris Huckleberry Moore Stanley
Crawford Jackson Moss Switalski
Cushingberry Johnson Nathan Tlaib
Daley Jones, Rick Nerat Tyler
Dean Kandrevas Neumann Valentine
Denby Kennedy Opsommer Walsh
DeShazor Knollenberg Pavlov Warren
Dillon Kowall Pearce Womack
Donigan Kurtz Polidori Young
Nays—1
Amash
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal 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. 4683, entitled
A bill to amend 1962 PA 192, entitled “Professional service corporation act,” by amending section 8 (MCL 450.228), as amended by 1998 PA 48.
The bill was read a second time.
Rep. Roy Schmidt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal 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. 4683, entitled
A bill to amend 1962 PA 192, entitled “Professional service corporation act,” by amending section 8 (MCL 450.228), as amended by 1998 PA 48.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 180 Yeas—109
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal 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. 4684, entitled
A bill to amend 1986 PA 157, entitled “Michigan export development act,” by amending section 10 (MCL 447.160), as amended by 2002 PA 302.
The bill was read a second time.
Rep. Nathan moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal 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. 4684, entitled
A bill to amend 1986 PA 157, entitled “Michigan export development act,” by amending section 10 (MCL 447.160), as amended by 2002 PA 302.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 181 Yeas—109
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal 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. 4685, entitled
A bill to amend 1971 PA 227, entitled “An act to prescribe the rights and duties of parties to home solicitation sales; to regulate certain telephone solicitation; to provide for the powers and duties of certain state officers and entities; and to prescribe penalties and remedies,” by amending section 1 (MCL 445.111), as amended by 2002 PA 612.
The bill was read a second time.
Rep. Scripps moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal 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. 4685, entitled
A bill to amend 1971 PA 227, entitled “An act to prescribe the rights and duties of parties to home solicitation sales; to regulate certain telephone solicitation; to provide for the powers and duties of certain state officers and entities; and to prescribe penalties and remedies,” by amending section 1 (MCL 445.111), as amended by 2002 PA 612.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 182 Yeas—109
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal 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. 4686, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 159g and 411j (MCL 750.159g and 750.411j), section 159g as amended by 2002 PA 124 and section 411j as amended by 2002 PA 136.
The bill was read a second time.
Rep. Hansen moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal 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. 4686, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 159g and 411j (MCL 750.159g and 750.411j), section 159g as amended by 2002 PA 124 and section 411j as amended by 2002 PA 136.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 183 Yeas—109
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal 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. 4687, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2007 PA 156.
The bill was read a second time.
Rep. Schuitmaker moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal 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. 4687, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2007 PA 156.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 184 Yeas—109
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal 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. 4688, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending sections 1a and 29 (MCL 445.1651a and 445.1679), section 1a as amended by 2008 PA 66 and section 29 as amended by 2008 PA 529.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Commerce,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Johnson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal 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. 4688, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending sections 1a and 29 (MCL 445.1651a and 445.1679), section 1a as amended by 2008 PA 66 and section 29 as amended by 2008 PA 529.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 185 Yeas—109
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Segal moved to amend the title to read as follows:
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending section 29 (MCL 445.1679), as amended by 2008 PA 529.
The motion prevailed.
The House agreed to the title as amended.
Rep. Segal 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. 4689, entitled
A bill to amend 1986 PA 316, entitled “Michigan education trust act,” by amending section 19 (MCL 390.1439).
The bill was read a second time.
Rep. Hildenbrand moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal 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. 4689, entitled
A bill to amend 1986 PA 316, entitled “Michigan education trust act,” by amending section 19 (MCL 390.1439).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 186 Yeas—109
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal 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. 4690, entitled
A bill to amend 1980 PA 307, entitled “Savings and loan act of 1980,” by amending section 515 (MCL 491.515), as added by 1987 PA 106.
The bill was read a second time.
Rep. Calley moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal 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. 4690, entitled
A bill to amend 1980 PA 307, entitled “Savings and loan act of 1980,” by amending section 515 (MCL 491.515), as added by 1987 PA 106.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 187 Yeas—109
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal 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. 4691, entitled
A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 1137 (MCL 450.3137), as added by 1984 PA 209.
The bill was read a second time.
Rep. Meekhof moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal 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. 4691, entitled
A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 1137 (MCL 450.3137), as added by 1984 PA 209.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 188 Yeas—109
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal 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
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 Friday, April 24:
House Bill Nos. 4827 4828 4829 4830 4831 4832
House Joint Resolution T
Senate Bill Nos. 459 460 461 462 463 464 465 466 467 468 469
The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, April 28:
Senate Bill Nos. 473 474 475 476 477 478
Reports of Standing Committees
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
House Bill No. 4184, entitled
A bill to amend 1919 PA 71, entitled “An act to provide for the formulation and establishment of a uniform system of accounting and reporting in the several departments, offices, and institutions of the state government, and in all county offices; to provide for the examination of the books and accounts of each state department, office, and institution, and of each county office; to provide for financial reports from all those departments, institutions, and offices, and for the tabulation and publication of comparative financial statistics relating to the departments, institutions, and offices; to provide for the administration of this act; to provide for the powers and duties of the department of treasury, the state treasurer, the library of Michigan and depository libraries, and other officers and entities; to provide penalties; and to provide for meeting the expense authorized by this act,” by amending sections 4 and 5 (MCL 21.44 and 21.45), as amended by 2002 PA 370.
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. Donigan, Bledsoe, Haugh, Kennedy, Lund, Denby and Wayne Schmidt
Nays: None
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
House Bill No. 4758, entitled
A bill to amend 2008 PA 456, entitled “An act to amend 1966 PA 346, entitled “An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,” (MCL 125.1401 to 125.1499c) by adding chapter 3B,” by repealing enacting section 1.
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. Donigan, Barnett, Bledsoe, Haugh, Kennedy, Lund, Denby and Wayne Schmidt
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Donigan, Chair, of the Committee on Intergovernmental and Regional Affairs, was received and read:
Meeting held on: Tuesday, April 28, 2009
Present: Reps. Donigan, Barnett, Bledsoe, Haugh, Kennedy, Lund, Denby and Wayne Schmidt
Absent: Reps. Robert Jones, Young and Meekhof
Excused: Reps. Robert Jones and Meekhof
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
House Bill No. 4751, entitled
A bill to provide for family military leave from employment for certain relatives of an individual called to active military service; to prohibit retaliation; and to prescribe remedies.
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. Polidori, Roberts, Byrnes, Rick Jones and Agema
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Polidori, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:
Meeting held on: Tuesday, April 28, 2009
Present: Reps. Polidori, Roberts, Byrnes, Liss, Roy Schmidt, Rick Jones, Agema, Amash and Kurtz
Notices
Pursuant to Rule 41, the Speaker has made the following reassignment:
House Bill No. 4830 referred to the Committee on Urban Policy on April 24, 2009.
Communications from State Officers
The following communication from the Secretary of State was received and read:
Notice of Filing
Administrative Rules
April 9, 2009
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Natural Resources and the State Office of Administrative Hearings and Rules filed Administrative Rule #2007-007-NR (Secretary of State Filing #09-04-05) on this date at 1:20 p.m. for the Department of Natural Resources, entitled “Endangered and Threatened Species”.
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
Sincerely,
Terri Lynn Land
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communication was referred to the Clerk.
Introduction of Bills
Reps. McMillin, Agema, Rick Jones, Spade and Calley introduced
House Bill No. 4833, entitled
A bill to amend 1982 PA 455, entitled “The library privacy act,” by amending section 6 (MCL 397.606), as amended by 2000 PA 212.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Donigan, Liss, Segal, Young, Geiss and Haugh introduced
House Bill No. 4834, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20174.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Stanley, Robert Jones, Bledsoe, Young, Geiss, Jackson, Durhal, Tlaib, Switalski, Nathan, Slavens, Leland, Scripps, Gregory, Warren, Roy Schmidt and Cushingberry introduced
House Bill No. 4835, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 16g and 21 of chapter XVII (MCL 777.16g and 777.21), section 16g as amended by 2008 PA 521 and section 21 as amended by 2006 PA 655.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Robert Jones, Stanley, Warren, Donigan, Smith, Bauer, Geiss, Young, Durhal, Leland, Scripps, Gregory, Roy Schmidt and Cushingberry introduced
House Bill No. 4836, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 147b (MCL 750.147b), as added by 1988 PA 371, and by adding section 377d.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Walsh, Hammel, Corriveau, Constan, LeBlanc, Crawford, Tyler, Meltzer, Lori, Daley, Haveman, Haines, Slavens, Polidori, Kennedy and Wayne Schmidt introduced
House Bill No. 4837, entitled
A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 105 and 121 (MCL 389.105 and 389.121), section 105 as amended by 2003 PA 306 and section 121 as amended by 1997 PA 135.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Meekhof, Ball, Booher and Agema introduced
House Bill No. 4838, entitled
A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” (MCL 125.3101 to 125.3702) by adding section 515.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Rep. Young introduced
House Bill No. 4839, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2111 (MCL 500.2111), as amended by 2002 PA 492; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Insurance.
______
Rep. Opsommer moved that the House adjourn.
The motion prevailed, the time being 3:20 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, April 29, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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