No. 52
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Tuesday, June 9, 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—excused 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—e/d/s
Donigan—present Kurtz—present
e/d/s = entered during session
Rep. Arlan B. Meekhof, from the 89th District, offered the following invocation:
“Heavenly Father, we come before You today to ask Your forgiveness and to seek Your direction and guidance. We know Your word says, ‘Woe to those who call evil good,’ but that is exactly what we have done.
We have lost our spiritual equilibrium and reversed our values.
We have exploited the poor and called it the lottery.
We have rewarded laziness and called it welfare.
We have killed our unborn and called it choice.
We have neglected to discipline our children and called it building self esteem.
We have abused power and called it politics.
We have coveted our neighbor’s possessions and called it ambition.
We have polluted the air with profanity and pornography and called it freedom of expression.
We have ridiculed the time-honored values of our forefathers and called it enlightenment.
Search us, oh, God, and know our hearts today; cleanse us from every sin and set us free.
Amen!”
______
Rep. Segal moved that Rep. Gregory be excused from today’s session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4479, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 37 (MCL 211.37), as amended by 1994 PA 415.
(The bill was received from the Senate on June 4, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 51, p. 1023.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 278 Yeas—108
Agema Donigan Kurtz Polidori
Amash 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 Griffin Lund Scott, P.
Brown, L. Haase Marleau Scripps
Brown, T. Haines Mayes Segal
Byrnes Hammel McDowell Sheltrown
Byrum Hansen McMillin Simpson
Calley Haugh Meadows Slavens
Caul Haveman Meekhof Slezak
Clemente Hildenbrand Melton Smith
Constan Horn Meltzer Spade
Corriveau Huckleberry Miller Stamas
Coulouris Jackson Moore Stanley
Crawford Johnson Moss Switalski
Cushingberry 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
Nays—0
In The Chair: Byrnes
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Wayne Schmidt moved that Rep. Opsommer be excused temporarily from today’s session.
The motion prevailed.
The Speaker laid before the House
House Bill No. 4579, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 41301, 41305, 41306, 41309, 41311, 41313, and 41323 (MCL 324.41301, 324.41305, 324.41306, 324.41309, 324.41311, 324.41313, and 324.41323), section 41301 as amended by 2005 PA 77, section 41305 as amended and section 41306 as added by 2005 PA 79, section 41309 as amended by 2005 PA 76, sections 41311 and 41313 as added by 2005 PA 80, and section 41323 as added by 2005 PA 75; and to repeal acts and parts of acts.
(The bill was received from the Senate on June 4, with substitute (S-4), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 51, p. 1023.)
The question being on concurring in the substitute (S-4) made to the bill by the Senate,
The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 279 Yeas—106
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 Griffin Lund Scott, P.
Brown, L. Haase Marleau Scripps
Brown, T. Haines Mayes Segal
Byrnes Hammel McDowell Sheltrown
Byrum Hansen McMillin Simpson
Calley Haugh Meadows Slavens
Caul Haveman Meekhof Slezak
Clemente Hildenbrand Melton Smith
Constan Horn Meltzer Spade
Corriveau Huckleberry Miller Stamas
Coulouris Jackson Moore Stanley
Crawford Johnson Moss Switalski
Cushingberry Jones, Rick Nathan Tlaib
Daley Jones, Robert Nerat Tyler
Dean Kandrevas Neumann Valentine
Denby Kennedy Pavlov Walsh
DeShazor Knollenberg Pearce Warren
Dillon Kowall Polidori Womack
Donigan Kurtz
Nays—1
Amash
In The Chair: Byrnes
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
Senate Bill No. 349, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43521 (MCL 324.43521), as amended by 1996 PA 585.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Segal 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.
______
Rep. Wayne Schmidt moved that Rep. Kurtz be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 349, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43521 (MCL 324.43521), as amended by 1996 PA 585.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 280 Yeas—105
Agema Donigan Lahti Proos
Amash Durhal LeBlanc Roberts
Angerer Ebli Leland Rocca
Ball Elsenheimer Lemmons Rogers
Barnett Espinoza Lindberg Schmidt, R.
Bauer Geiss Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green 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
Cushingberry Jones, Robert Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Pavlov Walsh
Denby Knollenberg Pearce Warren
DeShazor Kowall Polidori Womack
Dillon
Nays—1
Genetski
In The Chair: Byrnes
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. 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. 4520, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” (MCL 117.1 to 117.38) by adding section 5k.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Intergovernmental and Regional Affairs,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Barnett 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.
Rep. Young entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4520, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” (MCL 117.1 to 117.38) by adding section 5k.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 281 Yeas—108
Agema Donigan Kurtz Proos
Amash Durhal Lahti Roberts
Angerer Ebli LeBlanc Rocca
Ball Elsenheimer Leland Rogers
Barnett Espinoza Lemmons Schmidt, R.
Bauer Geiss Lindberg Schmidt, W.
Bennett Genetski Lipton Schuitmaker
Bledsoe Gonzales Liss Scott, B.
Bolger Green Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen McMillin Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moore Switalski
Crawford Johnson Moss Tlaib
Cushingberry Jones, Rick Nathan Tyler
Daley Jones, Robert Nerat Valentine
Dean Kandrevas Neumann Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Dillon Kowall Polidori Young
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. 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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Agriculture,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Mayes 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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 282 Yeas—105
Agema Durhal Lahti Roberts
Angerer Ebli LeBlanc Rocca
Ball Elsenheimer Leland Rogers
Barnett Espinoza Lemmons Schmidt, R.
Bauer Geiss Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green 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 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
Cushingberry Jones, Robert Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Pavlov Walsh
Denby Knollenberg Pearce Warren
DeShazor Kowall Polidori Womack
Dillon Kurtz Proos Young
Donigan
Nays—3
Amash Genetski McMillin
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.
______
Rep. McMillin, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I am voting No because of local control concerns re: taking away local municipalities’ ability to determine what constitutes farmland use.”
Second Reading of Bills
House Bill No. 5033, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5838a and 5851 (MCL 600.5838a and 600.5851), section 5838a as amended by 1993 PA 78 and section 5851 as amended by 1993 PA 283.
The bill was read a second time.
Rep. Schuitmaker moved to substitute (H-1) the bill.
The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. 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. 5033, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5838a and 5851 (MCL 600.5838a and 600.5851), section 5838a as amended by 1993 PA 78 and section 5851 as amended by 1993 PA 283.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 283 Yeas—107
Agema Donigan Lahti Roberts
Amash Durhal LeBlanc Rocca
Angerer Ebli Leland Rogers
Ball Elsenheimer Lemmons Schmidt, R.
Barnett Espinoza Lindberg Schmidt, W.
Bauer Geiss Lipton Schuitmaker
Bennett Genetski Liss Scott, B.
Bledsoe Gonzales Lori Scott, P.
Bolger Green Lund Scripps
Booher Griffin Marleau Segal
Brown, L. Haase Mayes Sheltrown
Brown, T. Haines McDowell Simpson
Byrnes Hammel McMillin Slavens
Byrum Hansen Meadows Slezak
Calley Haugh Meekhof Smith
Caul Haveman Melton Spade
Clemente Hildenbrand Meltzer Stamas
Constan Horn Miller Stanley
Corriveau Huckleberry Moore Switalski
Coulouris Jackson Moss Tlaib
Crawford Johnson Nathan Tyler
Cushingberry Jones, Rick Nerat Valentine
Daley Jones, Robert Neumann Walsh
Dean Kandrevas Pavlov Warren
Denby Kennedy Pearce Womack
DeShazor Knollenberg Polidori Young
Dillon Kowall Proos
Nays—1
Kurtz
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.
______
Rep. Segal 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 the enrollment printing and presentation to the Governor on Thursday, June 4, for her approval of the following bill:
Enrolled House Bill No. 4286 at 3:45 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, June 5:
House Bill Nos. 5040 5041 5042 5043 5044 5045 5046 5047 5048
Senate Bill Nos. 624 625 626
The Clerk announced the enrollment printing and presentation to the Governor on Friday, June 5, for her approval of the following bill:
Enrolled House Bill No. 4308 at 1:16 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, June 9:
Senate Bill Nos. 627 628 629
The Clerk announced that the following Senate bill had been received on Tuesday, June 9:
Senate Bill No. 583
Reports of Standing Committees
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 4501, 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 section 1 (MCL 28.421), as amended by 2008 PA 407.
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, 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
House Bill No. 4502, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222 and 223 (MCL 750.222 and 750.223), section 222 as amended by 2001 PA 135 and section 223 as amended by 1992 PA 221.
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, 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
House Bill No. 5037, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2951 (MCL 600.2951), as added by 1982 PA 186.
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
House Bill No. 5038, 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,” (MCL 28.421 to 28.435) by adding section 3.
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, 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, June 9, 2009
Present: Reps. Sheltrown, Slezak, Ebli, Huckleberry, Lindberg, Simpson, Stanley, Stamas, Bolger, Hansen and Horn
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
House Bill No. 4161, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 17708, 17751, and 17763 (MCL 333.7405, 333.17708, 333.17751, and 333.17763), as amended by 2006 PA 672.
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. Corriveau, Segal, Byrum, Coulouris, Donigan, Liss, Neumann, Roy Schmidt, Simpson, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green, Moore and Paul Scott
Nays: None
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
House Bill No. 4183, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.
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. Corriveau, Segal, Byrum, Coulouris, Donigan, Liss, Neumann, Roy Schmidt, Simpson, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green, Moore and Paul Scott
Nays: None
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
House Bill No. 4476, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 416e.
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. Corriveau, Segal, Byrum, Coulouris, Donigan, Liss, Neumann, Roy Schmidt, Simpson, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green, Moore 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, June 9, 2009
Present: Reps. Corriveau, Segal, Byrum, Coulouris, Donigan, Liss, Neumann, Roy Schmidt, Simpson, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green, Moore and Paul Scott
Absent: Reps. Johnson and Womack
Excused: Reps. Johnson and Womack
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, June 9, 2009
Present: Reps. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Huckleberry, Lindberg, Lipton, Roberts, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker
Absent: Reps. Johnson, Melton and Scripps
Excused: Reps. Johnson, Melton and Scripps
Messages from the Senate
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.
The Senate has substituted (S-5) the bill.
The Senate has passed the bill as substituted (S-5) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 583, entitled
A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 142 (MCL 389.142), as amended by 2008 PA 237.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Messages from the Governor
Date: June 4, 2009
Time: 9:15 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4781 (Public Act No. 32, I.E.), being
An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 216 and 719a (MCL 257.216 and 257.719a), section 216 as amended by 2008 PA 539 and section 719a as amended by 1996 PA 136, and by adding sections 38a, 49a, and 74a.
(Filed with the Secretary of State June 4, 2009, at 3:00 p.m.)
Date: June 4, 2009
Time: 9:22 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4145 (Public Act No. 35, I.E.), being
An act to amend 2006 PA 237, entitled “An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 80110, 80111, and 80112 (MCL 324.80110, 324.80111, and 324.80112), as added by 1995 PA 58; and to repeal acts and parts of acts,” by repealing enacting section 1.
(Filed with the Secretary of State June 4, 2009, at 3:06 p.m.)
Date: June 4, 2009
Time: 9:30 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4224 (Public Act No. 37, I.E.), being
An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 719 (MCL 257.719), as amended by 2004 PA 420.
(Filed with the Secretary of State June 4, 2009, at 3:10 p.m.)
Communications from State Officers
The following communications from the Department of Energy, Labor and Economic Growth were received and read:
June 5, 2009
Pursuant to MCL 500.2213b(7), the Commissioner of the Office of Financial and Insurance Regulation is required to issue an annual report compiling the gross written premium for short-term or one-time limited duration policies or certificates issued in Michigan during the preceding calendar year. Be advised that the annual report required by MCL 500.3515 is attached to this correspondence.
If you have any questions or concerns, please feel free to contact Jenita Moore, Deputy Commissioner for the Policy Division at (517) 373-1866.
June 5, 2009
Pursuant to MCL 500.3515, the Commissioner of the Office of Financial and Insurance Regulation is required to make a determination as to whether the greater co-payment and co-insurance levels allowed by the amendatory act that added this subsection have increased the number of employers who have contracted for health maintenance organization services and whether these levels have increased the number of enrollees receiving health maintenance organization services. Be advised that the annual report required by MCL 500.3515 is attached to this correspondence.
If you have any questions or concerns, please feel free to contact Jenita Moore, Deputy Commissioner for the Policy Division at (517) 373-1866.
Thank you,
Angela M. Shipp, Executive Secretary
Policy Division
Office of Financial & Insurance Regulation (OFIR)
Phone: (517) 373-1866
Fax: 517-335-1727
Toll Free 1-877-999-6442
Email: shippA@michigan.gov
Website: www.michigan.gov/ofir
The communications were referred to the Clerk.
Introduction of Bills
Reps. Kennedy, Roberts, Ebli, Tlaib, Cushingberry, Simpson, Constan, Liss, Barnett, Slavens, Nathan, Lisa Brown, Kandrevas, Young, Durhal, Jackson, Polidori, Leland, Womack, Geiss, Bledsoe, Scripps and Meadows introduced
House Bill No. 5049, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11529 (MCL 324.11529), as amended by 1996 PA 358.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Reps. Rogers and Womack introduced
House Bill No. 5050, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending sections 2a and 6 (MCL 423.202a and 423.206), section 6 as amended section 2a as added by 1994 PA 112.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. Womack and Rogers introduced
House Bill No. 5051, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1535b.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. Womack, Kennedy, Geiss, Tlaib, Haugh, Melton, Jackson, Nathan, Liss, Roy Schmidt, Gregory, Slezak, Cushingberry, Leland, Stanley, Durhal, Constan, Rogers, Lipton, Bettie Scott and Paul Scott introduced
House Bill No. 5052, entitled
A bill to amend 1990 PA 72, entitled “Local government fiscal responsibility act,” (MCL 141.1201 to 141.1291) by adding sections 21a and 41a.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Rep. LeBlanc introduced
House Bill No. 5053, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 306, 309, and 312b (MCL 257.306, 257.309, and 257.312b), section 306 as amended by 2006 PA 298 and sections 309 and 312b as amended by 2004 PA 362.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Rick Jones introduced
House Bill No. 5054, entitled
A bill to create the motorcycle safety and training act; to provide for the approval and certification of motorcycle training programs and instructors; to establish training requirements and standards; to prescribe the powers and duties of certain state departments and agencies and other persons; to provide funding for program grants; to provide for distribution from certain funds; and to provide sanctions, remedies, and penalties.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Bennett introduced
House Bill No. 5055, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 30101, 30102, 30103, and 30104 (MCL 324.30101, 324.30102, 324.30103, and 324.30104), section 30101 as amended by 2006 PA 275, section 30102 as added by 1995 PA 59, section 30103 as amended by 2006 PA 33, and section 30104 as amended by 2008 PA 276, and by adding section 30106a.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Rep. Hammel introduced
House Bill No. 5056, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 525, 543, and 1114 (MCL 436.1525, 436.1543, and 436.2114), section 525 as amended by 2008 PA 218, section 543 as amended by 2005 PA 269, and section 1114 as added by 2004 PA 134, and by adding sections 1116 and 1117.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Paul Scott and Slezak introduced
House Bill No. 5057, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2681 and 2683 (MCL 333.2681 and 333.2683), section 2681 as added by 2006 PA 635 and section 2683 as added by 2006 PA 638, and by adding section 2684.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Sheltrown introduced
House Bill No. 5058, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Iosco county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Reps. Donigan, Tlaib, Young, Durhal and Meadows introduced
House Bill No. 5059, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 1116.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Tyler introduced
House Bill No. 5060, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1205 (MCL 339.1205), as amended by 1997 PA 97.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Smith, Bennett and Hammel introduced
House Bill No. 5061, entitled
A bill to amend 2006 PA 479, entitled “Michigan promise grant act,” by amending sections 4, 5, and 6 (MCL 390.1624, 390.1625, and 390.1626), section 4 as amended by 2008 PA 517, and by adding section 7a; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Smith introduced
House Bill No. 5062, entitled
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 9 and 10 (MCL 12.259 and 12.260), sections 9 and 10 as added by 2005 PA 232; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Smith introduced
House Bill No. 5063, entitled
A bill to amend 1986 PA 273, entitled “An act to establish a Michigan educational opportunity grant program for resident qualified students enrolled in eligible public postsecondary schools; and to prescribe the powers and duties of certain state agencies,” by amending section 4 (MCL 390.1404); and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Smith introduced
House Bill No. 5064, entitled
A bill to amend 1996 PA 195, entitled “Police officer’s and fire fighter’s survivor tuition act,” by amending section 3 (MCL 390.1243); and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Smith introduced
House Bill No. 5065, entitled
A bill to amend 2005 PA 248, entitled “Children of veterans tuition grant act,” by amending sections 4 and 5 (MCL 390.1344 and 390.1345); and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Lemmons introduced
House Bill No. 5066, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 520d and 520e (MCL 750.520d and 750.520e), as amended by 2007 PA 163.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Lemmons introduced
House Bill No. 5067, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 69b.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Lemmons introduced
House Bill No. 5068, entitled
A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” (MCL 37.2101 to 37.2804) by adding section 202b.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Spade, Durhal, Espinoza, Lahti, Bennett, McDowell, Polidori, Gonzales and Dean introduced
House Bill No. 5069, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 5705.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Lemmons introduced
House Joint Resolution U, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 9 of article II, section 8 of article III, sections 1, 7, 8, 11, 12, 14, 16, 17, 18, 19, 20, 22, 24, 26, 27, 29, 30, 31, 33, 37, 43, 53, and 54 of article IV, sections 2, 3, 6, 7, 13, 18, 20, 25, 26, 28, and 29 of article V, sections 1 and 25 of article VI, section 6 of article VIII, sections 15 and 27 of article IX, section 5 of article X, sections 5 and 7 of article XI, and sections 1 and 3 of article XII; adding section 1a to article IV and a schedule and temporary provisions; and repealing sections 2, 3, 4, 6, and 21 of article IV, to provide for the establishment of a unicameral legislature.
The joint resolution was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. Liss moved that the House adjourn.
The motion prevailed, the time being 3:50 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, June 10, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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