No. 37
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Tuesday, May 5, 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—present Neumann—present Valentine—present
Dean—present Kandrevas—present Opsommer—present Walsh—present
Denby—present Kennedy—present Pavlov—present Warren—present
DeShazor—present Knollenberg—present Pearce—present Womack—present
Dillon—present Kowall—present Polidori—present Young—present
Donigan—present Kurtz—present
e/d/s = entered during session
Rep. John Espinoza, from the 83rd District, offered the following invocation:
“Heavenly Father bless us in our daily endeavors. Place Your healing hands on those that are in despair and those that have lost hope. Protect those we have put in harms way. In Jesus name we pray Amen.”
Second Reading of Bills
Pending the Second Reading of
House Bill No. 4097, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.
Rep. Angerer moved that the bill be re-referred to the Committee on Ethics and Elections.
The motion prevailed.
House Bill No. 4523, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 430 (MCL 208.1430), as added by 2008 PA 270.
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. McMillin moved to amend the bill as follows:
1. Amend page 7, following line 8, by inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 71 of the 95th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Clemente 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. 4523, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 430 (MCL 208.1430), as added by 2008 PA 270.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 210 Yeas—103
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Gonzales Lindberg Schmidt, W.
Bennett Green Lipton Schuitmaker
Bledsoe Gregory Liss Scott, B.
Bolger Griffin Lori Scott, P.
Booher Haase Lund Scripps
Brown, L. Haines Marleau Segal
Brown, T. Hammel Mayes Sheltrown
Byrnes Hansen McDowell Simpson
Byrum Haugh Meadows Slavens
Calley Haveman Melton Slezak
Caul Hildenbrand Meltzer Smith
Clemente Horn Miller Spade
Constan Huckleberry Moore Stamas
Corriveau Jackson Moss Stanley
Coulouris Johnson Nathan Switalski
Crawford Jones, Rick Nerat Tlaib
Dean Jones, Robert Neumann Tyler
Denby Kandrevas Opsommer Valentine
DeShazor Kennedy Pavlov Walsh
Dillon Knollenberg Pearce Warren
Donigan Kowall Polidori Womack
Durhal Kurtz Proos Young
Ebli Lahti Roberts
Nays—6
Agema Daley McMillin Meekhof
Amash Genetski
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.
Reps. Angerer, Ball, Barnett, Bolger, Lisa Brown, Terry Brown, Byrnes, Caul, Denby, Durhal, Espinoza, Geiss, Gonzales, Griffin, Haase, Haugh, Horn, Johnson, Robert Jones, Kandrevas, Kennedy, Lemmons, Lipton, Liss, Mayes, Melton, Meltzer, Polidori, Proos, Rocca, Segal, Sheltrown, Simpson, Slavens, Slezak, Spade, Stamas, Valentine and Warren were named co‑sponsors of the bill.
Second Reading of Bills
House Bill No. 4674, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 431a (MCL 208.1431a), as added by 2008 PA 92.
The bill was read a second time.
Rep. Mayes 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. 4674, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 431a (MCL 208.1431a), as added by 2008 PA 92.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 211 Yeas—104
Angerer Ebli Lahti Roberts
Ball Elsenheimer LeBlanc Rocca
Barnett Espinoza Leland Rogers
Bauer Geiss Lemmons Schmidt, R.
Bennett Gonzales Lindberg Schmidt, W.
Bledsoe Green Lipton Schuitmaker
Bolger Gregory Liss Scott, B.
Booher Griffin Lori Scott, P.
Brown, L. Haase Lund Scripps
Brown, T. Haines Marleau Segal
Byrnes Hammel Mayes Sheltrown
Byrum Hansen McDowell Simpson
Calley Haugh Meadows Slavens
Caul Haveman Melton Slezak
Clemente Hildenbrand Meltzer Smith
Constan Horn Miller Spade
Corriveau Huckleberry Moore Stamas
Coulouris Jackson Moss Stanley
Crawford Johnson Nathan Switalski
Daley Jones, Rick Nerat Tlaib
Dean Jones, Robert Neumann Tyler
Denby Kandrevas Opsommer Valentine
DeShazor Kennedy Pavlov Walsh
Dillon Knollenberg Pearce Warren
Donigan Kowall Polidori Womack
Durhal Kurtz Proos Young
Nays—5
Agema Genetski McMillin Meekhof
Amash
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. 4184, entitled
A bill to amend 1919 PA 71, entitled “An act to provide for the formulation and establishment of a uniform system of accounting and reporting in the several departments, offices, and institutions of the state government, and in all county offices; to provide for the examination of the books and accounts of each state department, office, and institution, and of each county office; to provide for financial reports from all those departments, institutions, and offices, and for the tabulation and publication of comparative financial statistics relating to the departments, institutions, and offices; to provide for the administration of this act; to provide for the powers and duties of the department of treasury, the state treasurer, the library of Michigan and depository libraries, and other officers and entities; to provide penalties; and to provide for meeting the expense authorized by this act,” by amending sections 4 and 5 (MCL 21.44 and 21.45), as amended by 2002 PA 370.
The bill was read a second time.
Rep. Ball 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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 212 Yeas—109
Agema Ebli Lahti Proos
Amash Elsenheimer LeBlanc Roberts
Angerer Espinoza Leland Rocca
Ball Geiss Lemmons Rogers
Barnett Genetski Lindberg Schmidt, R.
Bauer Gonzales Lipton Schmidt, W.
Bennett Green Liss Schuitmaker
Bledsoe Gregory Lori Scott, B.
Bolger Griffin Lund Scott, P.
Booher Haase Marleau Scripps
Brown, L. Haines Mayes Segal
Brown, T. Hammel McDowell Sheltrown
Byrnes Hansen McMillin Simpson
Byrum Haugh Meadows Slavens
Calley Haveman Meekhof Slezak
Caul Hildenbrand Melton Smith
Clemente Horn Meltzer Spade
Constan Huckleberry Miller Stamas
Corriveau Jackson Moore Stanley
Coulouris Johnson Moss Switalski
Crawford Jones, Rick Nathan Tlaib
Daley Jones, Robert Nerat Tyler
Dean Kandrevas Neumann Valentine
Denby Kennedy Opsommer Walsh
DeShazor Knollenberg Pavlov Warren
Dillon Kowall Pearce Womack
Donigan Kurtz Polidori Young
Durhal
Nays—0
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. 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.
The bill was read a second time.
Rep. Donigan 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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 213 Yeas—107
Agema Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Genetski Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen 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
Daley Jones, Rick Nerat Tyler
Dean Jones, Robert Neumann Valentine
Denby Kandrevas Opsommer Walsh
DeShazor Kennedy Pavlov Warren
Dillon Knollenberg Pearce Womack
Donigan Kowall Polidori Young
Durhal Kurtz Proos
Nays—2
Amash McMillin
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.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Urban Policy, by Rep. Leland, Chair, reported
House Bill No. 4830, entitled
A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2006 PA 598.
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. Leland, Nathan, Barnett, Meadows, Segal, Stanley, Womack, Paul Scott and Meltzer
Nays: Rep. Hansen
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Leland, Chair, of the Committee on Urban Policy, was received and read:
Meeting held on: Tuesday, May 5, 2009
Present: Reps. Leland, Nathan, Barnett, Meadows, Segal, Stanley, Womack, Paul Scott, Hansen, Meltzer and Pavlov
Second Reading of Bills
House Bill No. 4830, entitled
A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2006 PA 598.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Urban Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Meltzer moved to amend the bill as follows:
1. Amend page 3, line 13, after “247.675.” by inserting “IN A COUNTY WHERE THE ELECTORS HAVE ADOPTED A CHARTER THAT REORGANIZES THE POWERS AND DUTIES OF THE BOARD OF COUNTY ROAD COMMISSIONERS, THE COUNTY’S MAXIMUM MILLAGE RATE FOR ALL PURPOSES SHALL NOT EXCEED 4.2 MILLS.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Miller 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. 4830, entitled
A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2006 PA 598.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 214 Yeas—80
Agema Donigan Kandrevas Schmidt, R.
Angerer Durhal Kennedy Schmidt, W.
Ball Ebli Kowall Schuitmaker
Barnett Elsenheimer Kurtz Scott, B.
Bauer Espinoza Leland Scott, P.
Bennett Geiss Lemmons Scripps
Bledsoe Genetski Lipton Segal
Bolger Gregory Liss Simpson
Booher Griffin Lund Slavens
Brown, L. Haase Mayes Slezak
Brown, T. Haines Meadows Smith
Clemente Hammel Meltzer Stamas
Constan Haugh Miller Stanley
Corriveau Haveman Nathan Switalski
Coulouris Hildenbrand Opsommer Tlaib
Crawford Huckleberry Pavlov Valentine
Dean Jackson Pearce Walsh
Denby Johnson Polidori Warren
DeShazor Jones, Rick Roberts Womack
Dillon Jones, Robert Rocca Young
Nays—29
Amash Hansen Marleau Nerat
Byrnes Horn McDowell Neumann
Byrum Knollenberg McMillin Proos
Calley Lahti Meekhof Rogers
Caul LeBlanc Melton Sheltrown
Daley Lindberg Moore Spade
Gonzales Lori Moss Tyler
Green
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. Dean moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, May 1:
House Bill Nos. 4869 4870
Senate Bill Nos. 493 494 495 496 497 498 499 500 501 502 503 504 505 506
507 508 509 510 511 512 513 514 515 516 517 518 519 520
521 522 523 524 525 526 527 528
The Clerk announced that the following Senate bill had been received on Tuesday, May 5:
Senate Bill No. 430
Reports of Standing Committees
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 4203, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43537, 74117, and 83106 (MCL 324.43537, 324.74117, and 324.83106), section 43537 as amended by 2007 PA 60, section 74117 as amended by 2006 PA 477, and section 83106 as amended by 2004 PA 587.
With the recommendation that the bill be referred to the Committee on Military and Veterans Affairs and Homeland Security.
Favorable Roll Call
To Report Out:
Yeas: Reps. Sheltrown, Slezak, Ebli, Huckleberry, Lindberg, Simpson, Stanley, Stamas, Bolger, Hansen and Horn
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Military and Veterans Affairs and Homeland Security.
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 4610, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 72101 (MCL 324.72101), as amended by 1997 PA 129, and by adding section 72114.
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. Sheltrown, Slezak, Huckleberry, Simpson, Stanley, Stamas, Bolger, Hansen and Horn
Nays: None
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 4757, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 40107b.
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. Sheltrown, Slezak, Ebli, Huckleberry, Lindberg, Simpson, Stanley, Stamas, Bolger, Hansen and Horn
Nays: None
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
Senate Bill No. 409, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43542 (MCL 324.43542), as added by 1995 PA 57.
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. Sheltrown, Slezak, Ebli, Huckleberry, Lindberg, Simpson, Stanley, Stamas, Bolger, Hansen and Horn
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:
Meeting held on: Tuesday, May 5, 2009
Present: Reps. Sheltrown, Slezak, Ebli, Huckleberry, Lindberg, Simpson, Stanley, Stamas, Bolger, Hansen and Horn
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Melton, Chair, of the Committee on Education, was received and read:
Meeting held on: Monday, May 4, 2009
Present: Reps. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Lindberg, Nathan, Polidori, Roberts, Valentine, Pavlov, Amash, Ball, DeShazor, McMillin, Pearce, Tyler and Walsh
Absent: Reps. Kennedy, Sheltrown and Paul Scott
Excused: Reps. Kennedy, Sheltrown and Paul Scott
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Mayes, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Tuesday, May 5, 2009
Present: Reps. Mayes, Geiss, Lisa Brown, Ebli, Huckleberry, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker
Absent: Reps. Clemente and Johnson
Excused: Reps. Clemente and Johnson
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, May 5, 2009
Present: Reps. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Kennedy, Young, Lund, Denby, Meekhof and Wayne Schmidt
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Tuesday, May 5, 2009
Present: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
Messages from the Senate
Senate Bill No. 430, entitled
A bill to amend 1950 (Ex Sess) PA 23, entitled “Airport zoning act,” (MCL 259.431 to 259.465) by adding section 24a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Messages from the Governor
Date: May 5, 2009
Time: 11:08 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4397 (Public Act No. 22, I.E.), being
An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 622 and 1223 (MCL 380.622 and 380.1223), as amended by 2008 PA 307.
(Filed with the Secretary of State May 5, 2009, at 1:12 p.m.)
The following message from the Governor was received May 5, 2009 and read:
EXECUTIVE ORDER
No. 2009 – 22
IMPLEMENTATION OF EXPENDITURE REDUCTIONS UNDER
SECTION 20 OF ARTICLE V OF THE MICHIGAN CONSTITUTION OF 1963
WHEREAS, under Section 20 of Article V of the Michigan Constitution of 1963, the Governor, with the approval of the appropriating committees of the House of Representatives and the Senate, shall reduce expenditures authorized by appropriations whenever it appears that actual revenues for a fiscal period will fall below the revenue estimates on which appropriations for that period were based, and the reductions shall be made in accordance with procedures prescribed by law;
WHEREAS, it appears that actual revenues for the fiscal period beginning on October 1, 2008 and ending on September 30, 2009, will fall below the revenue estimates on which appropriations for that period were based, the estimates having been determined by the Legislature as required under Section 31 of Article IV of the Michigan Constitution of 1963;
WHEREAS, pursuant to Section 391 of The Management and Budget Act, 1984 PA 431, MCL 18.1391, on the basis of written information from the State Budget Director and the State Treasurer, it appears that actual revenues will fall below such revenue estimates;
WHEREAS, there is an unanticipated loss of funding that the departments and agencies of state government do not expect to obtain or make up during the current fiscal year;
WHEREAS, expenditure reductions totaling $221,864,600.00 general fund-general purpose and $127,472,600.00 special purpose funds are necessary;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor under the Michigan Constitution of 1963 and Michigan law, and with the approval of a majority of members of each appropriations committee, order the following reductions in expenditures:
A. Portions of general fund-general purpose expenditures authorized by appropriations amounting to $221,864,600.00 contained in the following public acts are hereby reduced. Where the expenditure reductions of general fund-general purpose appropriations in this Order reduce the restricted portions of gross appropriations and sources of financing that will be earned, the amounts to be reduced shall be provided separately to the State Budget Director for approval and entry into the accounts.
Reduction
Public Act Department Amount
2008 PA 253 Agriculture $3,455,100
2008 PA 261 Attorney General 1,729,800
2008 PA 261 Civil Rights 655,800
2008 PA 246 Community Health 53,095,500
2008 PA 245 Corrections 10,470,400
2008 PA 212 Education 363,500
2008 PA 251 Energy, Labor and Economic Growth 13,068,900
2008 PA 247 Environmental Quality 5,165,100
2008 PA 261 Executive Office 279,200
2008 PA 254 History, Arts, and Libraries 1,815,800
2008 PA 248 Human Services 97,484,800
2008 PA 261 Management and Budget 2,987,000
2008 PA 214 Military and Veterans Affairs 2,234,800
2008 PA 252 Natural Resources 572,900
2008 PA 268 School Aid 7,000,000
2008 PA 261 State 1,335,000
2008 PA 249 State Police 15,169,400
2008 PA 261 Treasury 4,981,600
TOTAL $221,864,600
B. The reduction totals for the departments and offices in Section A include the following appropriation items or are predicated upon the following actions:
1. Department of Agriculture
Appropriation Item Reduction
Number Amount
01050 Unclassified positions 35,000
01210 Management services 150,000
01275 Internal audit services 47,500
01420 Rent and building occupancy charges 513,200
02205 Pesticide and plant pest management 150,000
02365 Bovine tuberculosis program 1,466,800
02530 Laboratory services 100,000
03120 Environmental stewardship 345,000
03908 Local conservation districts 160,000
30000 Information technology services and projects 89,300
3,056,800
2. Department of Attorney General
Appropriation Item Reduction
Number Amount
01040 Attorney general operations 1,259,600
06100 Information technology services and projects 6,400
1,266,000
3. Department of Civil Rights
Appropriation Item Reduction
Number Amount
01000 Civil rights operations 466,700
02100 Information technology services and projects 22,500
489,200
4. Department of Community Health
Appropriation Item Reduction
Number Amount
01130 Mental health/substance abuse program administration 92,000
01161 Protection and advocacy services support 97,200
01176 Mental health initiatives for older persons 262,300
01751 Severance pay 216,900
02966 Community mental health non-Medicaid services 10,000,000
02967 Respite services 250,000
02969 Mental health court pilot programs 800,000
04000 Center for forensic psychiatry 300,000
11230 Public health administration 69,000
11232 Worker’s compensation program 900,000
11256 Rural health services 29,000
11300 Office of long-term care and supports and services 90,000
11364 African-American male health initiative 42,800
11374 Injury control intervention project 200,000
12263 Local public health operations 1,535,600
12273 Implementation of 1993 PA 133, MCL 333.17015 30,000
13461 Community substance abuse prevention, education, and 1,539,800 treatment programs
13467 State disability assistance program substance abuse 106,700
services
13469 Methamphetamine cleanup fund 40,000
14259 Special projects 12,500
14276 Migrant health care 34,000
14281 Family planning local agreements 75,000
14289 Prenatal care outreach and service delivery support 202,800
14355 Medical care and treatment 275,000
15158 Asthma prevention and control 55,700
16753 Sexually transmitted disease control management and 582,900
field support
16773 Sexually transmitted disease control local agreements 137,500
16778 Immunization local agreements 350,000
33500 Hospital services and therapy 5,310,200
33520 Physician services 842,100
33540 Pharmaceutical services 1,616,100
33550 Health plan services 8,062,300
33570 Transportation 1,271,100
33580 Auxiliary medical services 537,800
33600 Ambulance services 147,900
33630 Single point of entry 2,100,000
33660 Dental services 1,433,600
33680 Long-term care services 8,467,000
33810 Personal care services 197,000
34500 Health information technology initiatives 1,072,600
46511 Community services 661,900
46512 Nutrition services 479,400
46513 Senior companion volunteer program 85,900
46516 Foster grandparent volunteer program 119,600
46517 Retired and senior volunteer program 33,600
46519 Senior olympics 20,000
50,784,800
The amount in Section 412 of 2008 PA 246 is reduced by $157,105.00.
The amount in Section 482 of 2008 PA 246 is reduced by $11,251.00.
The amount in Section 1031(1) of 2008 PA 246 is reduced to $200,000.00.
The amount in Section 1694 of 2008 PA 246 is reduced to $521,300.00.
The amount in Section 1742 of 2008 PA 246 is reduced to $750,000.00.
5. Department of Corrections
Appropriation Item Reduction
Number Amount
01050 Executive direction 1,900
02060 Operations support administration 3,900
17510 Northern region clinical complexes 6,500
17530 Southeastern region clinical complexes 8,200
22250 Field operations 53,400
23322 Special alternative incarceration program – Cassidy Lake 10,100
25281 Community re-entry centers 24,000
29507 Correctional facilities administration 5,100
29512 Transportation 403,600
30522 Jackson area support and services – Jackson 25,100
32002 Charles E. Egeler correctional facility – Jackson 13,600
34002 Parnall correctional facility – Jackson 12,000
35002 Cooper Street correctional facility – Jackson 16,500
36002 G. Robert Cotton correctional facility – Jackson 11,500
46002 Alger maximum correctional facility – Munising 12,300
47002 Baraga maximum correctional facility – Baraga 12,200
48002 Carson City correctional facility – Carson City 15,200
49002 Chippewa correctional facility – Kincheloe 17,400
50002 Kinross correctional facility – Kincheloe 28,200
51002 Marquette branch prison – Marquette 19,000
52002 Oaks correctional facility – Eastlake 12,800
53002 Standish maximum correctional facility – Standish 25,100
54002 Newberry correctional facility – Newberry 15,200
55002 Ojibway correctional facility – Marenisco 12,600
56002 Pugsley correctional facility – Kingsley 13,200
61002 Richard A. Handlon correctional facility – Ionia 13,800
62002 Ionia maximum correctional facility – Ionia 6,500
66002 Muskegon correctional facility – Muskegon 11,800
67002 Bellamy Creek correctional facility – Ionia 7,700
69002 St. Louis correctional facility – St. Louis 15,300
70002 Pine River correctional facility – St. Louis 7,600
72002 Earnest C. Brooks correctional facility – Muskegon 26,600
74002 Michigan reformatory – Ionia 25,400
75002 Huron Valley correctional complex – Ypsilanti 17,100
77002 Lakeland correctional facility – Coldwater 17,700
79002 Gus Harrison correctional facility – Adrian 12,900
80002 Thumb correctional facility – Lapeer 7,100
82002 Robert Scott correctional facility – Plymouth 14,100
83002 Saginaw correctional facility – Freeland 9,200
86002 Ryan correctional facility – Detroit 8,600
87002 Mound correctional facility – New Haven 9,100
89002 Macomb correctional facility – New Haven 10,900
1,000,000
6. Department of Education
Appropriation Item Reduction
Number Amount
01605 Central support 16,500
04201 Special education operations 57,500
06101 School improvement operations 218,500
07501 School finance and school law operations 3,500
296,000
7. Department of Energy, Labor and Economic Growth
Appropriation Item Reduction
Number Amount
06000 Workforce programs administration 100,000
07304 Commission on Spanish-speaking affairs 15,000
08203 Workforce training programs subgrantees 7,836,600
08270 Focus: HOPE 86,000
09520 Michigan rehabilitation services 100,000
09550 Vocational rehabilitation independent living 500,000
11210 Commission for the blind 23,700
11601 Administration 768,000
11603 Board of magistrates and appellate commission 304,100
11604 Wage and hour division 12,000
14003 Michigan housing and community development fund 2,163,400
18003 Michigan nursing corps 454,400
27010 Fire marshal program 50,000
27120 Fire fighters training council 495,000
12,908,200
The amount in Section 431(7) of 2008 PA 251 is reduced to $4,545,600.
The amount in Section 432a(1) of 2008 PA 251 is reduced to $7,163,400.
The amounts in Section 432a(1)(b) of 2008 PA 251 are reduced to $0.00.
The amount in Section 432a(5) of 2008 PA 251 is reduced to $7,163,400.
The amount in Section 432a(6) of 2008 PA 251 is reduced to $7,163,400.
The amount in Section 438(1) of 2008 PA 251 is reduced to $0.00.
8. Department of Environmental Quality
Appropriation Item Reduction
Number Amount
01017 Office of the Great Lakes 41,300
01345 Building occupancy charges 874,900
03326 Minerals wells management 73,400
04320 Pollution prevention and technical assistance 281,800
04620 Air quality programs 220,000
04709 Radiological protection program 50,000
04715 Underground storage tank program 821,900
04718 Aboveground storage tank program 175,000
04912 Drinking water and environmental health 60,000
04918 Water withdrawal assessment program 80,000
06051 Water pollution control and drinking water 2,196,200
revolving fund
4,874,500
9. Executive Office
Appropriation Item Reduction
Number Amount
00139 Executive office 197,200
197,200
10. Department of History, Arts, and Libraries
Appropriation Item Reduction
Number Amount
01620 Cultural economic development 24,000
02001 Administration 26,000
02002 Arts and cultural grants 286,000
03050 Library of Michigan operations 344,500
03150 State aid to libraries 400,000
03300 Subregional state aid 20,200
04100 Historical administration and services 312,100
04180 Thunder Bay national marine sanctuary and 50,000
underwater preserve
07511 Mackinac Island park operation 57,000
07516 Historical facilities system 57,000
1,576,800
11. Department of Human Services
Appropriation Item Reduction
Number Amount
11300 Michigan community service commission 50,000
11350 Demonstration projects 11,000
12080 Payroll taxes and fringe benefits 5,805,500
15100 AFC, children’s welfare and day care licensure 3,500,000
16100 Information technology services and projects 165,000
16500 Child support automation 6,530,000
32500 Family independence program 1,778,300
32540 State supplementation 9,628,300
32550 Day care services 994,100
32580 State supplementation administration 297,300
32630 Indigent burial 953,300
32640 Emergency services allocations local offices 2,300,000
47290 Child care fund 20,000,000
47350 Community support services 100,000
62610 Field staff, salaries and wages 11,612,700
62910 Food stamp reinvestment 1,700,000
72150 Subsidized guardianship 3,974,000
72240 Family preservation and prevention services 145,700
72360 Black child and family institute 50,000
72600 ECIC, early childhood investment corporation 75,000
72760 Adoption support services 1,000,000
72810 Bridges toward responsible adulthood 200,000
72830 Communities in schools 150,000
72840 Kent county child welfare demonstration project 300,000
81450 Employment and training support services 10,439,000
83200 Legal support contracts 600,000
83300 Child support incentive payments 9,570,000
83400 State disbursement unit 500,000
92,429,200
The amount in Section 309 of 2008 PA 248 is reduced to $89,000.00.
The amount in Section 613 of 2008 PA 248 for the maximum allowable reimbursement limit for indigent burials is reduced to $700.00 and distributions are reduced to the following amounts: for funeral directors, $435.00; for cemeteries or crematoriums, $165.00; and for the provider of the vault, $100.00.
The amount in Section 658 of 2008 PA 248 is reduced to $94,900.00.
The amount in Section 668(1) of 2008 PA 248 is reduced to $187,500.00.
The amount in Section 693 (1) of 2008 PA 248 is reduced to $0.00.
12. Department of Management and Budget
Appropriation Item Reduction
Number Amount
00005 Information technology services and projects 879,000
(Department of Management and Budget)
02816 Office of children’s ombudsman 110,000
11000 Executive operations 5,000
12000 Administrative services 5,000
13000 Budget and financial management 160,000
16000 Business support services 105,000
19150 Information technology services and projects 200,000
(Civil Service Commission)
19200 Agency services 325,600
19300 Executive direction 150,000
19500 Audit and compliance 265,500
19900 Human resources operations 160,100
2,365,200
13. Department of Military and Veterans Affairs
Appropriation Item Reduction
Number Amount
01011 Headquarters and armories 200,000
02011 Military training sites and support facilities 350,000
03016 Special maintenance – state 200,000
03700 D.J. Jacobetti veterans’ home 150,000
03800 Information technology services and projects 3,200
05010 American legion 226,500
05011 Disabled American veterans 187,200
05012 Marine corps league 86,000
05013 American veterans of WW II and Korea 118,700
05014 Veterans of foreign wars 226,400
05015 Michigan paralyzed veterans of America 42,500
05016 Purple heart 40,400
05019 Polish legion of American veterans 10,500
05020 Jewish veterans of America 10,500
05021 State of Michigan council – Vietnam veterans of America 40,800
05023 Catholic war veterans 10,500
30000 Special maintenance, remodeling and additions 126,000
2,029,200
14. Department of Natural Resources
Appropriation Item Reduction
Number Amount
01001 Executive direction 10,000
01005 Communications 25,000
01092 Commission 2,000
01093 Unclassified salaries 5,000
01106 Budget and support services 2,000
01107 Financial services 25,000
01108 Grants management 50,000
02132 Wildfire protection 14,000
02156 Forest recreation 70,800
02207 Natural resources heritage 46,800
02211 Wildlife management 36,400
02302 Water withdrawal assessment program 46,900
03116 General law enforcement 82,300
08914 Information technology services and projects 2,400
418,600
15. School Aid
The general fund amount in Section 11(1) of the State School Aid Act of 1979, 1979 PA 94, MCL 388.1611(1), for the fiscal year ending on September 30, 2009, is reduced to $33,800,000.00.
16. Department of State
Appropriation Item Reduction
Number Amount
14100 Department services – operations 155,800
15100 Regulatory services – operations 255,000
19100 Branch operations 534,400
19300 Central operations 100,000
45500 Information technology services and projects 300
1,045,500
17. Department of State Police
Appropriation Item Reduction
Number Amount
15010 Management services 268,400
22210 Standards and training 600,000
32010 Uniform services 1,500,000
32500 At-post troopers 4,768,400
42010 Laboratory operations 3,811,000
51140 Fleet leasing 2,200,000
61000 Information technology services and projects 860,000
14,007,800
18. Department of Treasury
Appropriation Item Reduction
Number Amount
01201 Treasury operations information technology services 75,500
and projects
01308 Rent and building occupancy charges – property 43,600
management services
01314 Travel 100,000
01900 Department services 12,500
01950 Program management 6,300
01960 Mail operations 10,400
02440 Property tax appeal program 500,000
02450 Revenue enhancement program 300,000
02480 Michigan business tax implementation 1,300,000
03501 Student financial assistance programs 23,800
04201 Supervision of the general property tax law 406,000
04501 Local finance 28,200
06301 Commercial forest reserve 16,900
06303 Swamp and tax reverted lands 5,300
09316 Senior citizen cooperative housing tax exemption 316,500
program
09430 Grants to counties in lieu of taxes 1,300
09450 Special grants 106,000
30100 Economic development job training grants 1,166,200
4,418,500
The amount in Section 952 of 2008 PA 261 is reduced to $106,000.00.
19. Expenditure Reductions – Furlough Days
General fund/general purpose expenditures authorized by appropriations contained in the following public acts are reduced by the amounts listed for the following departments and offices resulting from the temporary layoff of personnel. The State Budget Director is authorized to take any and all related actions necessary to properly record the expenditure reductions resulting from the temporary layoff of personnel, including federal and state restricted revenue expenditures, as part of the financial transactions for the fiscal year ending September 30, 2009.
Public Act Department Amount
2008 PA 253 Agriculture $398,300
2008 PA 261 Attorney General 463,800
2008 PA 261 Civil Rights 166,600
2008 PA 246 Community Health 2,310,700
2008 PA 245 Corrections 9,470,400
2008 PA 212 Education 67,500
2008 PA 251 Energy, Labor and Economic Growth 160,700
2008 PA 247 Environmental Quality 290,600
2008 PA 261 Executive Office 82,000
2008 PA 254 History, Arts, and Libraries 239,000
2008 PA 248 Human Services 5,055,600
2008 PA 261 Management and Budget 621,800
2008 PA 214 Military and Veterans Affairs 205,600
2008 PA 252 Natural Resources 154,300
2008 PA 261 State 289,500
2008 PA 249 State Police 1,161,600
2008 PA 261 Treasury 563,100
TOTAL $21,701,100
C. Portions of appropriations financed with special purpose revenue amounting to $117,522,600.00 contained in the following public acts are reduced as follows:
Reduction
Public Act Department Amount
2008 PA 253 Agriculture $7,677,800
2008 PA 246 Community Health 4,592,600
2008 PA 251 Energy, Labor and Economic Growth 14,000,000
2008 PA 213 Higher Education 5,000,000
2008 PA 248 Human Services 23,443,200
2008 PA 275 Transportation 12,000,000
2008 PA 261 Treasury 50,809,000
TOTAL $117,522,600
D. The reduction totals for the departments and agencies in Section C include the following appropriation items or are predicated upon the following actions:
1. Department of Agriculture – State Services Fee Fund
Appropriation Item Reduction
Number Amount
03820 Office of racing commissioner 3,811,000
03920 Premiums – county and state fairs 1,466,800
5,277,800
2. Department of Agriculture – Agriculture Equine Industry Development Fund
Appropriation Item Reduction
Number Amount
03910 Purses and supplements – fairs/licensed tracks 1,000,000
03930 Thoroughbred program 1,400,000
2,400,000
3. Department of Community Health – Healthy Michigan Fund
Appropriation Item Reduction
Number Amount
11268 Minority health grants and contracts 225,000
11352 Cancer prevention and control program 397,700
11360 Smoking prevention program 272,500
11363 Diabetes and kidney program 377,500
11369 Physical fitness, nutrition and health 280,000
11380 Chronic disease prevention 275,000
11384 Alzheimer’s information network 116,000
11387 Michigan Parkinson’s foundation 20,000
11390 Tobacco tax collection and enforcement 152,500
11393 Morris Hood Wayne State University diabetes outreach 160,000
12271 Local health services 55,000
14251 Pregnancy prevention program 21,400
14254 Childhood lead program 250,000
14259 Special projects 275,000
14262 Local MCH services 61,500
14274 Dental programs 37,500
14281 Family planning local agreements 102,000
16758 Immunization program management and field support 81,600
16778 Immunization local agreements 437,500
33860 Special Medicaid reimbursement 75,000
46512 Nutrition services 167,000
3,839,700
The amount in Section 1010 of 2008 PA 246 is reduced to $150,000.00.
The amount in Section 1109(1) of 2008 PA 246 is reduced by $37,500.00.
The amount in Section 1132 of 2008 PA 246 is reduced to $300,000.00.
4. Department of Community Health – Michigan Health Initiative Fund
Appropriation Item Reduction
Number Amount
11356 AIDS and risk reduction clearinghouse and media 540,400
campaign
540,400
5. Department of Community Health – Merit Award Trust Fund
Appropriation Item Reduction
Number Amount
46520 Respite care program 212,500
212,500
The amount in Section 1406 of 2008 PA 246 is reduced to $4,787,500.00.
6. Department of Energy, Labor and Economic Growth – Temporary Assistance for Needy Families – Federal Funds
Appropriation Item Reduction
Number Amount
09530 Jobs, education and training program 14,000,000
14,000,000
The amount in Section 442(1) of 2008 PA 251 is reduced to $7,000,000.00.
7. Higher Education – Michigan Merit Award Trust Fund
Appropriation Item Reduction
Number Amount
80100 Michigan promise grant program 5,000,000
5,000,000
8. Department of Human Services – Temporary Assistance for Needy Families – Federal Funds
Appropriation Item Reduction
Number Amount
32550 Day care services 9,530,000
32630 Indigent burial 71,700
72240 Family preservation and prevention services 954,300
72270 Families first 750,000
72290 Strong families, safe children 2,000,000
72310 Zero to three 1,000,000
72320 Family group discussion making 802,200
72340 Community protection and permanency 4,000,000
72400 Teenage parent counseling 1,300,000
81450 Employment and training support services 60,000
81460 Marriage initiative 950,000
81470 Fatherhood initiative 800,000
82380 Community services block grants 1,200,000
23,418,200
The amount in Section 420 of 2008 PA 248 is reduced to $30,000.00.
The amount in Section 424 of 2008 PA 248 is reduced to $150,000.00.
9. Department of Human Services – Child Care Development Fund – Federal Funds
Appropriation Item Reduction
Number Amount
32550 Day care services 25,000
25,000
The amount in Section 676(2) of 2008 PA 248 is reduced to $0.00.
10. Department of Transportation – Transportation Economic Development Fund
Appropriation Item Reduction
Number Amount
87210 Target industries/economic redevelopment 12,000,000
12,000,000
11. Department of Treasury – Delinquent Tax Collection Revenue
Appropriation Item Reduction
Number Amount
01301 Worker’s compensation insurance premium 134,000
01870 Collections 100,000
01950 Program management 25,000
259,000
12. Department of Treasury – Michigan Merit Award Trust Fund
Appropriation Item Reduction
Number Amount
03216 Michigan education savings program 100,000
100,000
13. Department of Treasury – Sales Tax Revenue
Appropriation Item Reduction
Number Amount
09466 Statutory state general revenue sharing grants 41,400,000
41,400,000
14. Department of Treasury – Michigan Strategic Fund – 21st Century Jobs Trust Fund
Appropriation Item Reduction
Number Amount
20000 Jobs for Michigan investment program – 9,050,000
21st century jobs fund
9,050,000
E. The following 21st Century Jobs Trust Fund work project accounts, totaling $9,950,000.00, are hereby reduced:
Appropriation Number Reduction
(Appropriation Year) Item Amount
14530 (AY 06) Treasury 5,000,000
Agriculture development fund
20501 (AY 06) Michigan Strategic Fund 4,950,000
Grant to Michigan forest finance authority
9,950,000
The State Budget Director is authorized to take any and all actions necessary to implement the provisions of this Order to reduce expenditures authorized by appropriations as specified above for the fiscal year beginning on October 1, 2008 and ending on September 30, 2009.
This Order is effective upon approval by the appropriations committees of the House of Representatives and the Senate, as provided under Section 20 of Article V of the Michigan Constitution of 1963 and Section 391 of The Management and Budget Act, 1984 PA 431, MCL 18.1391.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this fifth day of May, in the year of our Lord, two thousand nine.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The message was referred to the Clerk.
By unanimous consent the House returned to the order of
Notices
May 5, 2009
Mr. Richard J. Brown, Clerk
House of Representatives
State of Michigan
State Capitol Building
Lansing, MI 48909
Dear Mr. Brown:
Pursuant to the authority vested in Governor Jennifer M. Granholm by Article V, Section 20 of the Constitution of the State of Michigan and language contained in P. A. 431 of 1984, as amended: I, Representative George Cushingberry Jr., Chair of the House Appropriations Committee of the Michigan State Legislature, hereby certify that the official minutes of the Committee show that the majority of members of the Committee, elected and serving, are recorded as approving Executive Order No. 2009 – 22, dated May 5, 2009.
Sincerely,
Representative George Cushingberry Jr., Chair
House Appropriations Committee
Communications from State Officers
The following communication from the Department of Transportation was received and read:
April 28, 2009
Pursuant to Section 384(2) of Public Act 275 of 2008, attached is a report intended to fulfill the requirements of the following language:
The department will report on a quarterly basis to both the house and senate appropriations committees on any expenditures relative to the process identified in subsection (1).
Sec. 384 (1) The state transportation department is allowed to finish the Detroit River international crossing (DRIC) study provided that activity associated with finishing the DRIC study shall not bind the state in any way to construction. Certain preliminary activities which are necessary to prepare a proposal for a decision by the legislature are allowed as long as they do not bind the state. Those activities include all of the following:
(a) Applications for permits and approvals.
(b) Preliminary design engineering work.
(c) Preliminary utility planning and relocation.
(d) Preliminary financial and funding arrangements.
The report includes a listing of internal, consultant, and total study expenditures to-date through the end of the second quarter of Fiscal Year 2009, two charts detailing expenditures by year and source of funds, and monthly progress reports for the quarter detailing the history of the consultant team’s efforts on behalf of the department.
The Michigan Department of Transportation takes great pride in the way we are conducting the DRIC study. We urge you to visit the project Web site, www.partnershipborderstudy.com, where a wealth of additional information regarding study data and activities has been available since 2005. All material attached to this memo will be made available on the project Web site if not already posted.
If you have any questions, please feel free to contact me at (517) 373-3946 or DeCookR@michigan.gov.
Sincerely,
Ronald K. DeCook, Director
Office of Governmental Affairs
The communication was referred to the Clerk.
Introduction of Bills
Rep. Haines introduced
House Bill No. 4871, entitled
A bill to amend 1973 PA 186, entitled “Tax tribunal act,” by amending section 55 (MCL 205.755).
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Haines introduced
House Bill No. 4872, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 30c (MCL 211.30c), as amended by 1996 PA 476.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Haines introduced
House Bill No. 4873, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24c (MCL 211.24c), as amended by 2003 PA 247.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Haines introduced
House Bill No. 4874, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 30 (MCL 211.30), as amended by 2003 PA 194.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Haines introduced
House Bill No. 4875, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2030, 2035, 74101, 74116, 74117, 74118, 74122, 74123, and 78105 (MCL 324.2030, 324.2035, 324.74101, 324.74116, 324.74117, 324.74118, 324.74122, 324.74123, and 324.78105), sections 2030 and 2035 as added and sections 74101, 74122, and 78105 as amended by 2004 PA 587, sections 74116, 74118, and 74123 as added by 1995 PA 58, and section 74117 as amended by 2006 PA 477.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Rep. Meadows introduced
House Bill No. 4876, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2006 PA 443.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. McMillin, Rocca, Opsommer and Lori introduced
House Bill No. 4877, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2007 PA 94.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Rick Jones, Tyler, Lori, DeShazor, Walsh, Denby, Switalski, Marleau and Dean introduced
House Bill No. 4878, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1180.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Liss, Ball, Slavens, Lisa Brown, Johnson, Durhal, Bettie Scott, Young, Walsh, Denby, Donigan, Griffin, Roy Schmidt, Valentine and Womack introduced
House Bill No. 4879, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20507 (MCL 333.20507).
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Valentine, Warren, Smith, Stanley, Leland, Durhal, Bettie Scott and Liss introduced
House Bill No. 4880, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 932c.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Reps. Valentine, Warren, Smith, Stanley, Leland, Durhal, Bettie Scott and Liss introduced
House Bill No. 4881, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as added by 2002 PA 31.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Reps. Calley, Young, McMillin and Horn introduced
House Bill No. 4882, 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.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Calley, Walsh and Haines introduced
House Bill No. 4883, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7oo.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Calley introduced
House Bill No. 4884, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 207 (MCL 208.1207), as amended by 2008 PA 435.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Tlaib, Geiss, Nathan, Durhal, Bettie Scott, Johnson, Stanley, Lemmons, Polidori, Constan, Leland, Young, Lipton, Kennedy, Womack and Jackson introduced
House Bill No. 4885, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 1304, 1312, 1321, and 1344 (MCL 600.1304, 600.1312, 600.1321, and 600.1344), sections 1304 and 1321 as amended by 2004 PA 12, section 1312 as amended by 2005 PA 6, and section 1344 as amended by 2002 PA 739, and by adding sections 1301c, 1310a, and 1310b.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Nathan, Cushingberry, Tlaib, Durhal, Bettie Scott, Johnson, Geiss, Stanley, Lemmons, Polidori, Constan, Leland, Young, Lipton, Kennedy, Womack and Jackson introduced
House Bill No. 4886, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2003 PA 114.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Mayes introduced
House Bill No. 4887, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 36101 and 36104a (MCL 324.36101 and 324.36104a), section 36101 as amended by 2008 PA 336 and section 36104a as added by 1996 PA 233.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Rep. Young introduced
House Bill No. 4888, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 4510.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Young introduced
House Bill No. 4889, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 432 (MCL 380.432), as amended by 2004 PA 303, and by adding section 435.
The bill was read a first time by its title and referred to the Committee on Education.
Announcements by the Clerk
April 30, 2009
Received from the Auditor General a copy of the following audit report and/or report summary:
Financial audit of the Michigan Exposition and Fairgrounds Authority, a discretely presented component unit of the State of Michigan, for the period October 1, 2007 through September 30, 2008.
Richard J. Brown
Clerk of the House
______
Rep. Nathan moved that the House adjourn.
The motion prevailed, the time being 3:45 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, May 6, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
772 JOURNAL OF THE HOUSE [May 5, 2009] [No. 37
No. 37] [May 5, 2009] JOURNAL OF THE HOUSE 773
774 JOURNAL OF THE HOUSE [May 5, 2009] [No. 37
No. 37] [May 5, 2009] JOURNAL OF THE HOUSE 775
776 JOURNAL OF THE HOUSE [May 5, 2009] [No. 37
No. 37] [May 5, 2009] JOURNAL OF THE HOUSE 777
778 JOURNAL OF THE HOUSE [May 5, 2009] [No. 37
No. 37] [May 5, 2009] JOURNAL OF THE HOUSE 779
780 JOURNAL OF THE HOUSE [May 5, 2009] [No. 37
No. 37] [May 5, 2009] JOURNAL OF THE HOUSE 781
782 JOURNAL OF THE HOUSE [May 5, 2009] [No. 37
No. 37] [May 5, 2009] JOURNAL OF THE HOUSE 783
784 JOURNAL OF THE HOUSE [May 5, 2009] [No. 37
No. 37] [May 5, 2009] JOURNAL OF THE HOUSE 785
786 JOURNAL OF THE HOUSE [May 5, 2009] [No. 37
No. 37] [May 5, 2009] JOURNAL OF THE HOUSE 787
788 JOURNAL OF THE HOUSE [May 5, 2009] [No. 37
No. 37] [May 5, 2009] JOURNAL OF THE HOUSE 789
790 JOURNAL OF THE HOUSE [May 5, 2009] [No. 37
No. 37] [May 5, 2009] JOURNAL OF THE HOUSE 791
792 JOURNAL OF THE HOUSE [May 5, 2009] [No. 37
No. 37] [May 5, 2009] JOURNAL OF THE HOUSE 793
794 JOURNAL OF THE HOUSE [May 5, 2009] [No. 37
No. 37] [May 5, 2009] JOURNAL OF THE HOUSE 795
796 JOURNAL OF THE HOUSE [May 5, 2009] [No. 37
No. 37] [May 5, 2009] JOURNAL OF THE HOUSE 797
798