No. 104
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Thursday, December 3, 2009.
12:00 Noon.
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—excused Gonzales—excused 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—excused
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—excused 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. Robert Dean, from the 75th District, offered the following invocation:
“Almighty God, In Whom we live, move and have our being, our heart’s are strangely warmed when we are conscious of Thy presence. In the brief hush of this moment may minds and our wills be lost in Yours. O God forgive our foolishness, our feeble faltering ways. We ought to have known better than to have listened to other voices than Yours. We are truly penitent and sorry for our misdeeds and for our neglect of You. We thought we could receive blessings and comfort from a change of circumstances when we should have sought a change of character. We have blamed our surroundings and each other for the sad plight in which this state finds itself. We bear to You on the altar of our hearts, our own land our state of Michigan, and we ask You to forgive US, to cleanse it and make it fit to be the instrument of almighty GOD. May this state of ours be strong enough and good enough to bear Your banner in days to come. Upon every home in this state even those who are homeless and whose home is a card board BOX! May Your benediction rest upon each and every ONE in days come, GOD HELP US! “
______
Rep. Angerer moved that Reps. Bennett, Gonzales, Miller and Simpson be excused from today’s session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4257, entitled
A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending section 310 (MCL 484.2310), as amended by 2005 PA 235.
Was read a second time, and the question being on the adoption of the proposed substitute (H-6) previously recommended by the Committee on Energy and Technology,
The substitute (H-6) was adopted, a majority of the members serving voting therefor.
Rep. Geiss moved to amend the bill as follows:
1. Amend page 5, line 17, after “SERVICES” by striking out “SHALL NOT PAY” and inserting “TO A PROVIDER OF INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICES SHALL NOT PAY A MANDATORY MONTHLY CONTRIBUTION RELATED TO THOSE INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICES”.
2. Amend page 5, line 27, after “COMMISSION.” by striking out the balance of the subsection and inserting “NOTWITHSTANDING ANYTHING IN SUBSECTION (12), IF THE FEDERAL COMMUNICATIONS COMMISSION DETERMINES THAT INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICES MAY BE SUBJECT TO STATE REGULATION FOR UNIVERSAL SERVICES PURPOSES, THE COMMISSION MAY OPEN A PROCEEDING TO DETERMINE WHO IS REQUIRED TO PARTICIPATE IN A UNIVERSAL SERVICE FUND.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Melton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 4257, entitled
A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending section 310 (MCL 484.2310), as amended by 2005 PA 235.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 565 Yeas—101
Agema Durhal Kurtz Polidori
Amash Ebli Lahti Proos
Angerer Elsenheimer LeBlanc Roberts
Ball Espinoza Leland Rocca
Bauer Geiss Lemmons Rogers
Bledsoe Genetski Lindberg Schmidt, R.
Bolger Green Liss Schmidt, W.
Booher Gregory Lori Schuitmaker
Brown, L. Haase Lund Scott, B.
Brown, T. Haines Marleau Scott, P.
Byrnes Hammel Mayes Scripps
Byrum Hansen McDowell Segal
Calley Haugh McMillin Slavens
Caul Haveman Meadows Slezak
Clemente Hildenbrand Meekhof Smith
Constan Horn Melton Spade
Corriveau Huckleberry Meltzer Stamas
Coulouris Jackson Moore Stanley
Crawford Johnson Moss Switalski
Cushingberry Jones, Rick Nathan Tyler
Daley Jones, Robert Nerat Valentine
Dean Kandrevas Neumann Walsh
Denby Kennedy Opsommer Warren
DeShazor Knollenberg Pavlov Womack
Dillon Kowall Pearce Young
Donigan
Nays—5
Barnett Lipton Sheltrown Tlaib
Griffin
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer 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. 4172, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21529; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Robert Jones moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 4172, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21529; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 566 Yeas—102
Angerer Ebli LeBlanc Roberts
Ball Elsenheimer Leland Rocca
Barnett Espinoza Lemmons Rogers
Bauer Geiss Lindberg Schmidt, R.
Bledsoe Green Lipton Schmidt, W.
Bolger Gregory Liss Schuitmaker
Booher Griffin Lori Scott, B.
Brown, L. Haase Lund Scott, P.
Brown, T. Haines Marleau Scripps
Byrnes Hammel Mayes Segal
Byrum Hansen McDowell Sheltrown
Calley Haugh Meadows Slavens
Caul Haveman Meekhof Slezak
Clemente Hildenbrand Melton Smith
Constan Horn Meltzer Spade
Corriveau Huckleberry Moore Stamas
Coulouris Jackson Moss Stanley
Crawford Johnson Nathan Switalski
Cushingberry Jones, Rick Nerat Tlaib
Daley Jones, Robert Neumann Tyler
Dean Kandrevas Opsommer Valentine
Denby Kennedy Pavlov Walsh
DeShazor Knollenberg Pearce Warren
Dillon Kowall Polidori Womack
Donigan Kurtz Proos Young
Durhal Lahti
Nays—4
Agema Amash Genetski McMillin
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21530; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Angerer moved that Rep. Robert Jones be excused temporarily from today’s session.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 722, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21529; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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
Senate Bill No. 722, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21529; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 567 Yeas—102
Agema Durhal LeBlanc Roberts
Angerer Ebli Leland Rocca
Ball Elsenheimer Lemmons Rogers
Barnett Espinoza Lindberg Schmidt, R.
Bauer Geiss Lipton Schmidt, W.
Bledsoe Green Liss Schuitmaker
Bolger Gregory Lori Scott, B.
Booher Griffin Lund Scott, P.
Brown, L. Haase Marleau Scripps
Brown, T. Haines Mayes Segal
Byrnes Hammel McDowell Sheltrown
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Moore Stamas
Corriveau Huckleberry Moss Stanley
Coulouris Jackson Nathan Switalski
Crawford Johnson Nerat Tlaib
Cushingberry Jones, Rick Neumann Tyler
Daley Kandrevas Opsommer Valentine
Dean Kennedy Pavlov Walsh
Denby Knollenberg Pearce Warren
DeShazor Kowall Polidori Womack
Dillon Kurtz Proos Young
Donigan Lahti
Nays—3
Amash Genetski McMillin
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 and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The House agreed to the full title.
Rep. Angerer 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
Messages from the Senate
The Speaker laid before the House
House Bill No. 4507, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81131 (MCL 324.81131), as amended by 2008 PA 240.
(The bill was received from the Senate on December 1, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 2, see House Journal No. 102, p. 2326.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 568 Yeas—105
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bledsoe Green Liss Schuitmaker
Bolger Gregory 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 Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Angerer moved that Rep. Bettie Scott be excused temporarily from today’s session.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 89, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 429 (MCL 208.1429).
The bill was read a second time.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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
Senate Bill No. 89, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 429 (MCL 208.1429).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 569 Yeas—104
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.
Bledsoe Genetski Lipton Schmidt, W.
Bolger Green Liss Schuitmaker
Booher Gregory Lori Scott, P.
Brown, L. Griffin Lund Scripps
Brown, T. Haase Marleau Segal
Byrnes Haines Mayes Sheltrown
Byrum Hammel McDowell Slavens
Calley Hansen McMillin Slezak
Caul Haugh Meadows Smith
Clemente Haveman Meekhof Spade
Constan Hildenbrand Melton Stamas
Corriveau Horn Meltzer Stanley
Coulouris Huckleberry Moore Switalski
Crawford Jackson Moss Tlaib
Cushingberry Johnson Nathan Tyler
Daley Jones, Rick Nerat Valentine
Dean Kandrevas Neumann Walsh
Denby Kennedy Opsommer Warren
DeShazor Knollenberg Pavlov Womack
Dillon Kowall Pearce Young
Nays—0
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”
The House agreed to the full title.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 91, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 503 (MCL 208.1503).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Ebli moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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
Senate Bill No. 91, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 503 (MCL 208.1503).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 570 Yeas—104
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.
Bledsoe Genetski Lipton Schmidt, W.
Bolger Green Liss Schuitmaker
Booher Gregory Lori Scott, P.
Brown, L. Griffin Lund Scripps
Brown, T. Haase Marleau Segal
Byrnes Haines Mayes Sheltrown
Byrum Hammel McDowell Slavens
Calley Hansen McMillin Slezak
Caul Haugh Meadows Smith
Clemente Haveman Meekhof Spade
Constan Hildenbrand Melton Stamas
Corriveau Horn Meltzer Stanley
Coulouris Huckleberry Moore Switalski
Crawford Jackson Moss Tlaib
Cushingberry Johnson Nathan Tyler
Daley Jones, Rick Nerat Valentine
Dean Kandrevas Neumann Walsh
Denby Kennedy Opsommer Warren
DeShazor Knollenberg Pavlov Womack
Dillon Kowall Pearce Young
Nays—0
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”
The House agreed to the full title.
Rep. Angerer 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. 5501, entitled
A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 7b (MCL 722.27b), as amended by 2006 PA 353.
The bill was read a second time.
Rep. Valentine moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5501, entitled
A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 7b (MCL 722.27b), as amended by 2006 PA 353.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 571 Yeas—103
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bledsoe Green Liss Schuitmaker
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, T. Haase Marleau Segal
Byrnes Haines Mayes Sheltrown
Byrum Hammel McDowell Slavens
Calley Hansen McMillin Slezak
Caul Haugh Meadows Smith
Clemente Haveman Meekhof Spade
Constan Hildenbrand Melton Stamas
Corriveau Horn Meltzer Stanley
Coulouris Huckleberry Moore Switalski
Crawford Jackson Moss Tlaib
Cushingberry Johnson Nathan Tyler
Daley Jones, Rick Nerat Valentine
Dean Kandrevas Neumann Walsh
Denby Kennedy Opsommer Warren
DeShazor Knollenberg Pavlov Womack
Dillon Kowall Pearce Young
Donigan Kurtz Polidori
Nays—1
Brown, L.
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer 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. 5502, entitled
A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending sections 3 and 3a (MCL 400.233 and 400.233a), section 3 as amended by 2002 PA 564 and section 3a as amended by 1998 PA 112; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Liss moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5502, entitled
A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending sections 3 and 3a (MCL 400.233 and 400.233a), section 3 as amended by 2002 PA 564 and section 3a as amended by 1998 PA 112; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 572 Yeas—104
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.
Bledsoe Genetski Lipton Schmidt, W.
Bolger Green Liss Schuitmaker
Booher Gregory Lori Scott, P.
Brown, L. Griffin Lund Scripps
Brown, T. Haase Marleau Segal
Byrnes Haines Mayes Sheltrown
Byrum Hammel McDowell Slavens
Calley Hansen McMillin Slezak
Caul Haugh Meadows Smith
Clemente Haveman Meekhof Spade
Constan Hildenbrand Melton Stamas
Corriveau Horn Meltzer Stanley
Coulouris Huckleberry Moore Switalski
Crawford Jackson Moss Tlaib
Cushingberry Johnson Nathan Tyler
Daley Jones, Rick Nerat Valentine
Dean Kandrevas Neumann Walsh
Denby Kennedy Opsommer Warren
DeShazor Knollenberg Pavlov Womack
Dillon Kowall Pearce Young
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer 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. 5503, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 321c (MCL 257.321c), as added by 1996 PA 240.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families and Children’s Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. McMillin moved to amend the bill as follows:
1. Amend page 1, line 7, after “552.650,” by inserting “and THAT THE LICENSEE HAS FAILED TO PAY SUPPORT UNDER A SUPPORT ORDER AND THE FAILURE WAS WILLFUL,”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Kurtz moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5503, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 321c (MCL 257.321c), as added by 1996 PA 240.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Angerer moved that consideration of the bill be postponed for the day.
The motion prevailed.
Second Reading of Bills
House Bill No. 5504, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2137, 2529, and 2538 (MCL 600.2137, 600.2529, and 600.2538), section 2137 as amended by 2001 PA 76, section 2529 as amended by 2004 PA 205, and section 2538 as amended by 2003 PA 178.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families and Children’s Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Womack moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 5504, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2137, 2529, and 2538 (MCL 600.2137, 600.2529, and 600.2538), section 2137 as amended by 2001 PA 76, section 2529 as amended by 2004 PA 205, and section 2538 as amended by 2003 PA 178.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 573 Yeas—102
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bledsoe Green Liss Schuitmaker
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Slavens
Byrum Hansen McMillin Slezak
Calley Haugh Meadows Smith
Caul Haveman Meekhof Spade
Clemente Hildenbrand Melton Stamas
Constan Horn Meltzer Stanley
Corriveau Huckleberry Moore Switalski
Coulouris Jackson Moss Tlaib
Crawford Johnson Nerat Tyler
Daley Jones, Rick Neumann Valentine
Dean Kandrevas Opsommer Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Dillon Kowall Polidori Young
Donigan Kurtz
Nays—1
Nathan
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer 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. 4571, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2169, 2912b, 2912d, 2912e, and 5856 (MCL 600.2169, 600.2912b, 600.2912d, 600.2912e, and 600.5856), sections 2169, 2912d, and 2912e as amended and section 2912b as added by 1993 PA 78 and section 5856 as amended by 2004 PA 87.
Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Judiciary,
The substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Meadows moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 4571, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2169, 2912b, 2912d, 2912e, and 5856 (MCL 600.2169, 600.2912b, 600.2912d, 600.2912e, and 600.5856), sections 2169, 2912d, and 2912e as amended and section 2912b as added by 1993 PA 78 and section 5856 as amended by 2004 PA 87.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 574 Yeas—57
Angerer Ebli Leland Rocca
Barnett Espinoza Lemmons Schmidt, R.
Bauer Geiss Lindberg Scripps
Brown, L. Gregory Lipton Segal
Brown, T. Griffin Liss Sheltrown
Byrnes Haase Mayes Slavens
Byrum Hammel McDowell Smith
Clemente Huckleberry Meadows Spade
Constan Jackson Melton Stanley
Corriveau Johnson Nathan Switalski
Coulouris Kandrevas Nerat Tlaib
Dean Kennedy Neumann Valentine
Dillon Lahti Polidori Warren
Donigan LeBlanc Roberts Young
Durhal
Nays—46
Agema Elsenheimer Kurtz Pearce
Amash Genetski Lori Proos
Ball Green Lund Rogers
Bledsoe Haines Marleau Schmidt, W.
Bolger Hansen McMillin Schuitmaker
Booher Haugh Meekhof Scott, P.
Calley Haveman Meltzer Slezak
Caul Hildenbrand Moore Stamas
Crawford Horn Moss Tyler
Daley Jones, Rick Opsommer Walsh
Denby Knollenberg Pavlov Womack
DeShazor Kowall
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer 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 Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 5380, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111a (MCL 324.40111a), as amended by 2004 PA 537.
With the recommendation that the substitute (H-4) 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, Stamas, Hansen and Horn
Nays: Reps. Ebli, Lindberg and Stanley
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: Thursday, December 3, 2009
Present: Reps. Sheltrown, Slezak, Ebli, Huckleberry, Lindberg, Stanley, Stamas, Hansen and Horn
Absent: Reps. Simpson and Bolger
Excused: Reps. Simpson and Bolger
Second Reading of Bills
House Bill No. 5380, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111a (MCL 324.40111a), as amended by 2004 PA 537.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Appropriations,
Rep. Lahti demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the substitute (H-3) previously recommended by the Committee on Appropriations,
The substitute (H-3) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 575 Yeas—70
Angerer Dillon Lahti Polidori
Ball Donigan LeBlanc Roberts
Barnett Durhal Leland Rogers
Bauer Ebli Lemmons Schmidt, R.
Bledsoe Espinoza Lindberg Scripps
Booher Geiss Lipton Segal
Brown, L. Gregory Liss Slavens
Brown, T. Griffin Lori Smith
Byrnes Haase Marleau Spade
Byrum Hammel McDowell Stanley
Calley Haugh Meadows Switalski
Caul Hildenbrand Melton Tlaib
Clemente Huckleberry Meltzer Valentine
Constan Jackson Moss Walsh
Corriveau Johnson Nathan Warren
Coulouris Jones, Rick Nerat Womack
Dean Kandrevas Neumann Young
Denby Kennedy
Nays—33
Agema Haines Mayes Rocca
Amash Hansen McMillin Schmidt, W.
Bolger Haveman Meekhof Schuitmaker
Crawford Horn Moore Scott, P.
Daley Knollenberg Opsommer Sheltrown
DeShazor Kowall Pavlov Slezak
Elsenheimer Kurtz Pearce Stamas
Genetski Lund Proos Tyler
Green
In The Chair: Byrnes
The question being on the adoption of the substitute (H-4) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,
Rep. Sheltrown demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the substitute (H-4) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,
The substitute (H-4) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 576 Yeas—37
Agema Genetski Mayes Proos
Amash Green McMillin Rocca
Bolger Haines Meekhof Schmidt, W.
Booher Hansen Moore Schuitmaker
Brown, T. Haveman Neumann Scott, P.
Crawford Horn Opsommer Sheltrown
Daley Knollenberg Pavlov Slezak
DeShazor Kowall Pearce Stamas
Dillon Lund Polidori Tyler
Elsenheimer
Nays—66
Angerer Durhal Lahti Roberts
Ball Ebli LeBlanc Rogers
Barnett Espinoza Leland Schmidt, R.
Bauer Geiss Lemmons Scripps
Bledsoe Gregory Lindberg Segal
Brown, L. Griffin Lipton Slavens
Byrnes Haase Liss Smith
Byrum Hammel Lori Spade
Calley Haugh Marleau Stanley
Caul Hildenbrand McDowell Switalski
Clemente Huckleberry Meadows Tlaib
Constan Jackson Melton Valentine
Corriveau Johnson Meltzer Walsh
Coulouris Jones, Rick Moss Warren
Dean Kandrevas Nathan Womack
Denby Kennedy Nerat Young
Donigan Kurtz
In The Chair: Byrnes
Rep. Lahti moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Angerer moved that Reps. Neumann and Meadows be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5380, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111a (MCL 324.40111a), as amended by 2004 PA 537.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 577 Yeas—78
Angerer Donigan Knollenberg Proos
Ball Durhal Kurtz Roberts
Barnett Ebli Lahti Rogers
Bauer Espinoza LeBlanc Schmidt, R.
Bledsoe Geiss Leland Scripps
Booher Gregory Lemmons Segal
Brown, L. Griffin Lindberg Slavens
Brown, T. Haase Lipton Slezak
Byrnes Haines Liss Smith
Byrum Hammel Lori Spade
Calley Haugh Marleau Stanley
Caul Haveman Mayes Switalski
Clemente Hildenbrand McDowell Tlaib
Constan Horn Melton Tyler
Corriveau Huckleberry Meltzer Valentine
Coulouris Jackson Moss Walsh
Crawford Johnson Nathan Warren
Dean Jones, Rick Nerat Womack
Denby Kandrevas Polidori Young
Dillon Kennedy
Nays—23
Agema Genetski Meekhof Schmidt, W.
Amash Green Moore Schuitmaker
Bolger Hansen Opsommer Scott, P.
Daley Kowall Pavlov Sheltrown
DeShazor Lund Pearce Stamas
Elsenheimer McMillin Rocca
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer 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. 4621, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2170.
Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Senior Health, Security, and Retirement,
The substitute (H-5) was not adopted, a majority of the members serving not voting therefor.
Rep. Slavens moved to substitute (H-7) the bill.
The motion prevailed and the substitute (H-7) was adopted, a majority of the members serving voting therefor.
Rep. Amash moved to amend the bill as follows:
1. Amend page 4, following line 18, by inserting:
“(7) A VIDEORECORDED DEPOSITION MAY BE CONSIDERED IN COURT PROCEEDINGS ONLY AS PROVIDED BY LAW.” and renumbering the remaining subsections.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Slavens moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 4621, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2170.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 578 Yeas—102
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bledsoe Green Liss Schuitmaker
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Slavens
Byrum Hansen McMillin Slezak
Calley Haugh Meekhof Smith
Caul Haveman Melton Spade
Clemente Hildenbrand Meltzer Stamas
Constan Horn Moore Stanley
Corriveau Huckleberry Moss Switalski
Coulouris Jackson Nathan Tlaib
Crawford Johnson Nerat Tyler
Daley Jones, Rick Neumann Valentine
Dean Kandrevas Opsommer Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Dillon Kowall Polidori Young
Donigan Kurtz
Nays—0
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2163a (MCL 600.2163a), as amended by 2002 PA 604.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer 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. 5210, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11b (MCL 400.11b), as amended by 2000 PA 61.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Senior Health, Security, and Retirement,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Slavens moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Angerer moved that Rep. Dillon be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5210, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11b (MCL 400.11b), as amended by 2000 PA 61.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 579 Yeas—99
Agema Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Green Lipton Schmidt, W.
Bledsoe Gregory Liss Schuitmaker
Bolger Griffin Lori Scott, P.
Booher Haase Lund Scripps
Brown, L. Haines Marleau Segal
Brown, T. Hammel Mayes Sheltrown
Byrnes Hansen McDowell Slavens
Byrum Haugh McMillin Slezak
Calley Haveman Meekhof Smith
Caul Hildenbrand Melton Spade
Clemente Horn Meltzer Stamas
Constan Huckleberry Moore Stanley
Corriveau Jackson Moss Switalski
Coulouris Johnson Nathan Tlaib
Crawford Jones, Rick Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Donigan Kurtz Polidori Young
Durhal Lahti Proos
Nays—2
Amash Genetski
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Angerer moved that the Committee on Insurance be discharged from further consideration of House Bill No. 5105.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
Pending the Second Reading of
House Bill No. 5105, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3107b (MCL 500.3107b), as added by 1994 PA 438.
Rep. Angerer moved that the bill be referred to the Committee on Health Policy.
The motion prevailed.
______
Rep. Angerer 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, December 3, for her approval of the following bill:
Enrolled House Bill No. 5120 at 9:34 a.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, December 3:
House Bill Nos. 5637 5638 5639 5640 5641 5642 5643 5644
Senate Bill Nos. 994 995 996 999 1000 1001
The Clerk announced that the following Senate bills had been received on Thursday, December 3:
Senate Bill Nos. 638 857 935 944 968 969 970 971 972 973
Reports of Standing Committees
The Committee on Insurance, by Rep. Byrum, Chair, reported
House Bill No. 4424, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2114 (MCL 500.2114).
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. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal and Womack
Nays: Reps. Denby, Green, Haveman, Lund, Marleau and Moore
The Committee on Insurance, by Rep. Byrum, Chair, reported
House Bill No. 5627, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2106, 2108, 2109, 2110, 2114, 2115, and 2127 (MCL 500.2106, 500.2108, 500.2109, 500.2110, 500.2114, 500.2115, and 500.2127), section 2115 as amended by 1980 PA 461, and by adding sections 2103a, 2106a, 2107a, 2109a, 2109b, and 2128; and to repeal acts and parts of acts.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal and Womack
Nays: Reps. Denby, Green, Haveman, Lund, Marleau and Moore
The Committee on Insurance, by Rep. Byrum, Chair, reported
House Bill No. 5628, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 32A.
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. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal and Womack
Nays: Reps. Denby, Green, Haveman, Lund, Marleau and Moore
The Committee on Insurance, by Rep. Byrum, Chair, reported
House Bill No. 5629, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2403 and 2603 (MCL 500.2403 and 500.2603), section 2403 as amended by 1993 PA 200.
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. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal and Womack
Nays: Reps. Denby, Green, Haveman, Lund, Marleau and Moore
The Committee on Insurance, by Rep. Byrum, Chair, reported
House Bill No. 5630, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2112 (MCL 500.2112), as amended by 1980 PA 461, and by adding section 2107b.
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. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal and Womack
Nays: Reps. Denby, Green, Haveman, Lund, Marleau and Moore
The Committee on Insurance, by Rep. Byrum, Chair, reported
House Bill No. 5631, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3037 and 3135 (MCL 500.3037 and 500.3135), section 3037 as amended by 1980 PA 461 and section 3135 as amended by 2002 PA 697.
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. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal and Womack
Nays: Reps. Denby, Green, Haveman, Lund, Marleau and Moore
The Committee on Insurance, by Rep. Byrum, Chair, reported
House Bill No. 5632, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 203.
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. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal, Womack, Lund, Marleau and Moore
Nays: Reps. Denby, Green and Haveman
The Committee on Insurance, by Rep. Byrum, Chair, reported
House Bill No. 5633, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2111f.
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. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal and Womack
Nays: Reps. Denby, Green, Haveman, Lund, Marleau and Moore
The Committee on Insurance, by Rep. Byrum, Chair, reported
House Bill No. 5634, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2027 (MCL 500.2027), as amended by 1998 PA 26, and by adding section 2027a.
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. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal and Womack
Nays: Reps. Denby, Green, Haveman, Lund, Marleau and Moore
The Committee on Insurance, by Rep. Byrum, Chair, reported
House Bill No. 5635, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 503, 515, 527, and 543 (MCL 500.503, 500.515, 500.527, and 500.543), as added by 2001 PA 24, and by adding sections 504, 506, and 510; and to repeal acts and parts of acts.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal and Womack
Nays: Reps. Denby, Green, Haveman, Lund, Marleau and Moore
The Committee on Insurance, by Rep. Byrum, Chair, reported
Senate Bill No. 744, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3829a.
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. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal, Womack, Denby, Haveman, Lund and Marleau
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrum, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, December 3, 2009
Present: Reps. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal, Womack, Denby, Green, Haveman, Lund, Marleau and Moore
Absent: Reps. Sheltrown and Rocca
Excused: Reps. Sheltrown and Rocca
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 5351, entitled
A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 3 (MCL 207.803), as amended by 2008 PA 257.
With the recommendation that the substitute (H-2) 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. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Opsommer, DeShazor, Pearce and Wayne Schmidt
Nays: Rep. Knollenberg
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrnes, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Thursday, December 3, 2009
Present: Reps. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, DeShazor, Knollenberg, Pearce and Wayne Schmidt
Absent: Reps. Bolger and Paul Scott
Excused: Reps. Bolger and Paul Scott
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
Senate Bill No. 388, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2001, 2005, 2030, 74101, 74102, 74102a, 74116, 74117, 74120, 74122, 78101, 78105, and 83106 (MCL 324.2001, 324.2005, 324.2030, 324.74101, 324.74102, 324.74102a, 324.74116, 324.74117, 324.74120, 324.74122, 324.78101, 324.78105, and 324.83106), sections 2001, 2005, and 2030 as added and sections 74101, 74122, 78105, and 83106 as amended by 2004 PA 587, sections 74102, 74116, and 74120 as added by 1995 PA 58, section 74102a as amended by 2006 PA 307, section 74117 as amended by 2006 PA 477, and section 78101 as amended by 2006 PA 466, and by adding sections 1911, 2045, and 78119; and to repeal acts and parts of acts.
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. Warren, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps, Meekhof, Daley, Haveman, Rick Jones, Pavlov and Wayne Schmidt
Nays: Rep. Nerat
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
Senate Bill No. 389, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 805.
With the recommendation that the substitute (H-2) 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. Warren, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps, Meekhof, Daley, Haveman, Rick Jones, Pavlov and Wayne Schmidt
Nays: Rep. Nerat
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:
Meeting held on: Thursday, December 3, 2009
Present: Reps. Warren, Nerat, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps, Meekhof, Daley, Haveman, Rick Jones, Pavlov and Wayne Schmidt
Messages from the Senate
The Senate requested the return of
Senate Bill No. 981, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 449, 504, 507, 1246, 1280, and 1536 (MCL 380.449, 380.504, 380.507, 380.1246, 380.1280, and 380.1536), section 449 as amended by 2004 PA 303, section 504 as amended by 2008 PA 1, section 507 as amended by 1995 PA 289, section 1246 as amended by 2004 PA 148, section 1280 as amended by 2006 PA 123, and section 1536 as added by 2006 PA 335, and by adding sections 11c, 1249, 1280c, and 1280d.
Senate Bill No. 638, entitled
A bill to amend 1937 (Ex Sess) PA 4, entitled “An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act,” by amending section 1 of article I, section 1 of article III, and section 1a of article IV (MCL 38.71, 38.91, and 38.101a), section 1 of article I and section 1 of article III as amended by 1996 PA 282 and section 1a of article IV as added by 2005 PA 124.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 857, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 434 (MCL 208.1434), as amended by 2009 PA 110.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.
Senate Bill No. 935, entitled
A bill to authorize the county board of commissioners of any county in this state to establish a farmers market or flea market; and to prescribe the powers and duties of certain local officers and officials.
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.
Senate Bill No. 944, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2009 PA 141.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.
Senate Bill No. 968, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16401, 16423, and 16431 (MCL 333.16401, 333.16423, and 333.16431), section 16401 as amended by 2002 PA 734 and section 16431 as amended by 1994 PA 234.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 969, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3107b (MCL 500.3107b), as added by 1994 PA 438.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 970, entitled
A bill to amend 1984 PA 233, entitled “Prudent purchaser act,” by amending section 3 (MCL 550.53), as amended by 1996 PA 518.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 971, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 502 and 502a (MCL 550.1502 and 550.1502a), section 502 as amended by 2003 PA 59 and section 502a as amended by 1998 PA 446.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 972, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 315 (MCL 418.315), as amended by 1998 PA 447.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 973, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3405, 3475, and 3631 (MCL 500.3405, 500.3475, and 500.3631), sections 3405 and 3631 as amended by 1994 PA 438 and section 3475 as amended by 1984 PA 280.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Concurrent Resolution No. 28.
A concurrent resolution to urge the U.S. Congress and the U.S. Army Corps of Engineers to take immediate actions to prevent the Asian carp from entering the Great Lakes and to develop long-term strategies to address this problem.
Whereas, Michigan has been a leader in the fight to keep invasive species out of the Great Lakes. Michigan was the first state to require ocean-going ships to kill invasive species in ballast water before it is discharged in state waters. It successfully defended in federal court a state’s right to protect its waters, opening the door to state ballast water regulations throughout the Great Lakes region; and
Whereas, Asian carp are on the verge of invading the Great Lakes. Asian carp have been detected within eight miles of Lake Michigan and are already past the electrical barrier in the Chicago Sanitary and Ship Canal designed to stop them; and
Whereas, If allowed to enter the Great Lakes, Asian carp could become a dominant species in the lakes, further disrupting the ecological balance and threatening fishing and boating on the lakes. Asian carp are voracious feeders that would push out native fish and wildlife. Furthermore, silver carp, one of the two Asian carp species, can jump up to 10 feet out of the water when startled by boats, leading to well-documented injuries to boaters hit by fish weighing up to 70 pounds; and
Whereas, Immediate and decisive action is required to protect the $7 billion Great Lakes commercial and recreational fishery and the $9 billion Great Lakes recreational boating industry. The Asian carp threat is imminent, and the time for half-hearted efforts and investigations has passed. Without a quick and strong response, such as the closure of navigation locks, the efforts of Michigan, the other Great Lakes states, and the federal government will be wasted, and a national treasure will be irrevocably changed; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we urge the U.S. Congress and the U.S. Army Corps of Engineers to take immediate actions to prevent the Asian carp from entering the Great Lakes and to develop long-term strategies to address this problem; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, the U.S. Army Chief of Engineers, the Division Commander of the U.S. Army Corps of Engineers’ Great Lakes and Ohio River Division, and the District Commander of the U.S. Army Corps of Engineers’ Chicago District.
The Senate has adopted the concurrent resolution.
Reps. Agema, Ball, Booher, Terry Brown, Byrum, Caul, Constan, Crawford, Cushingberry, Daley, Dean, Durhal, Espinoza, Geiss, Genetski, Haines, Hansen, Haugh, Haveman, Horn, Robert Jones, Kennedy, LeBlanc, Lemmons, Liss, Lori, Marleau, McDowell, Meekhof, Moore, Opsommer, Pavlov, Polidori, Proos, Rocca, Rogers, Sheltrown, Smith, Spade, Stamas, Stanley, Valentine, Meltzer, Schuitmaker and Warren were named co‑sponsors of the concurrent resolution.
The concurrent resolution was referred to the Committee on Great Lakes and Environment.
Introduction of Bills
Rep. Durhal introduced
House Bill No. 5645, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2150, 2151, 2154, and 51106 (MCL 324.2150, 324.2151, 324.2154, and 324.51106), section 2150 as amended by 1996 PA 585, section 2151 as added by 1995 PA 60, section 2154 as amended by 2004 PA 513, and section 51106 as amended by 2006 PA 382.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Constan, Clemente, Polidori, Lahti, Gonzales and Spade introduced
House Bill No. 5646, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106 (MCL 400.106), as amended by 2006 PA 144.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Tyler, Byrum, Barnett, Rick Jones, Denby, Valentine, Hansen, McDowell, Huckleberry, Scripps, Nerat, Haase, Haines, Walsh, Knollenberg, Meltzer, Moss, Stamas, Bolger, Lori, Daley, Rocca, Elsenheimer, Meekhof, Caul, Schuitmaker, Calley, Lund, Kowall, Paul Scott, Cushingberry, Opsommer, Pearce, Kurtz, Genetski, DeShazor, Moore, Rogers, Wayne Schmidt, Booher, Proos, Horn, Haveman, Green, Hildenbrand, Amash, Agema, Ball, Crawford, McMillin, Pavlov and Neumann introduced
House Bill No. 5647, entitled
A bill to amend 1921 PA 13, entitled “An act to promote the agricultural interests of the state of Michigan; to create a state department of agriculture; to define the powers and duties thereof; to provide for the transfer to and vesting in said department of powers and duties now vested by law in certain other state boards, commissions and officers, and to abolish certain boards, commissions and officers the powers and duties of which are hereby transferred,” by amending section 1 (MCL 285.1).
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Byrum, Tyler, Barnett, Denby, Valentine, Hansen, McDowell, Huckleberry, Scripps, Nerat, Haase, Rick Jones, Haines, Walsh, Knollenberg, Meltzer, Stamas, Bolger, Lori, Daley, Horn, Rocca, Elsenheimer, Meekhof, Caul, Calley, DeShazor, Lund, Kowall, Paul Scott, Pavlov, Cushingberry, Opsommer, Pearce, Kurtz, Genetski, Moore, Rogers, Wayne Schmidt, Booher, Proos, Haveman, Green, Hildenbrand, Amash, Agema, Ball, Crawford, Schuitmaker, McMillin, Griffin and Neumann introduced
House Bill No. 5648, entitled
A bill to amend 1965 PA 380, entitled “Executive organization act of 1965,” by amending section 180 (MCL 16.280).
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Angerer, Meadows, Valentine, Gonzales, Coulouris and Barnett introduced
House Bill No. 5649, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Announcements by the Clerk
December 2, 2009
Received from the Auditor General a copy of the following audit report and/or report summary:
Financial audit, including the provisions of the Single Audit Act, of the Michigan Early Childhood Investment Corporation (ECIC), a discretely presented component unit of the State of Michigan, for the period October 1, 2005 through September 30, 2007.
Richard J. Brown
Clerk of the House
______
Rep. Clemente moved that the House adjourn.
The motion prevailed, the time being 3:55 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, December 8, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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