No. 105
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Tuesday, December 8, 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—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—present Stamas—present
Corriveau—present Huckleberry—present Moore—present Stanley—present
Coulouris—present Jackson—e/d/s 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. Larry DeShazor, from the 61st District, offered the following invocation:
“Heavenly Father, As we begin our work today, may we remind ourselves of the tremendous honor the people of Michigan have given us. Our responsibilities are many, and we are called upon to offer a vision and direction that will serve the needs our great State. May our decisions be based upon what is right, just and fair. In the spirit of cooperation and unity, may we work together to give our citizens every ability to prosper.
May God bless our efforts today, and bless the people of the state of Michigan. We ask all of this in the name of the God we serve. Amen.”
______
Rep. Angerer moved that Reps. Bennett, Gonzales and Simpson be excused from today’s session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4182, entitled
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 7 and 8 (MCL 12.257 and 12.258), section 7 as amended by 2009 PA 62 and section 8 as amended by 2008 PA 102.
(The bill was received from the Senate on December 2, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 3, see House Journal No. 103, p. 2348.)
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. 580 Yeas—56
Angerer Dean LeBlanc Nerat
Ball Dillon Leland Neumann
Barnett Donigan Lemmons Polidori
Bauer Durhal Lindberg Schmidt, R.
Bledsoe Ebli Lipton Scott, B.
Booher Espinoza Liss Segal
Brown, L. Green Mayes Sheltrown
Brown, T. Gregory McDowell Slezak
Byrnes Hammel McMillin Spade
Byrum Haugh Meadows Stanley
Clemente Johnson Melton Switalski
Constan Jones, Robert Miller Tlaib
Coulouris Kandrevas Moss Valentine
Cushingberry Lahti Nathan Womack
Nays—50
Agema Griffin Lori Rogers
Amash Haase Lund Schmidt, W.
Bolger Haines Marleau Schuitmaker
Calley Hansen Meekhof Scott, P.
Caul Haveman Meltzer Scripps
Corriveau Hildenbrand Moore Slavens
Crawford Horn Opsommer Smith
Daley Huckleberry Pavlov Stamas
Denby Jones, Rick Pearce Tyler
DeShazor Kennedy Proos Walsh
Elsenheimer Knollenberg Roberts Warren
Geiss Kowall Rocca Young
Genetski Kurtz
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. Jackson entered the House Chambers.
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 and postponed for the day on December 3, see House Journal No. 104, p. 2374.)
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 581 Yeas—105
Agema Durhal Lahti Polidori
Amash Ebli LeBlanc Proos
Angerer Elsenheimer Leland Roberts
Ball Espinoza Lemmons Rocca
Barnett Geiss Lindberg Rogers
Bauer Genetski Lipton Schmidt, R.
Bledsoe Green Liss Schmidt, W.
Bolger Gregory Lori Schuitmaker
Booher Griffin Lund Scott, B.
Brown, L. Haase Marleau Scott, P.
Brown, T. Haines Mayes Scripps
Byrnes Hammel McDowell Segal
Byrum Hansen McMillin Sheltrown
Calley Haugh Meadows Slavens
Caul Haveman Meekhof Slezak
Clemente Hildenbrand Melton Smith
Constan Horn Meltzer Spade
Corriveau Huckleberry Miller Stamas
Coulouris Johnson Moore Stanley
Crawford Jones, Rick Moss Switalski
Cushingberry Jones, Robert Nathan Tlaib
Daley Kandrevas Nerat Tyler
Dean Kennedy Neumann Valentine
Denby Knollenberg Opsommer Walsh
DeShazor Kowall Pavlov Warren
Dillon Kurtz Pearce Womack
Donigan
Nays—2
Jackson Young
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5555, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 3 (MCL 125.2683), as amended by 2008 PA 217.
The bill was read a second time.
Rep. McMillin moved to amend the bill as follows:
1. Amend page 4, following line 16, by inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 945 of the 95th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Clemente moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Dean moved that Rep. Coulouris 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. 5555, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 3 (MCL 125.2683), as amended by 2008 PA 217.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 582 Yeas—99
Angerer Ebli Lahti Roberts
Ball Elsenheimer LeBlanc Rocca
Barnett Espinoza Leland Rogers
Bauer Geiss Lemmons Schmidt, R.
Bledsoe Green Lindberg Schmidt, W.
Bolger Gregory Lipton Schuitmaker
Booher Griffin Liss Scott, B.
Brown, L. Haase Lori Scripps
Brown, T. Haines Lund Segal
Byrnes Hammel Marleau Sheltrown
Byrum Hansen Mayes Slavens
Calley Haugh McDowell Slezak
Caul Haveman Meadows Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Moore Stanley
Crawford Jackson Moss Switalski
Cushingberry Johnson Nathan Tlaib
Daley Jones, Rick Nerat Tyler
Dean Jones, Robert Neumann Valentine
Denby Kandrevas Opsommer Walsh
DeShazor Kennedy Pavlov Warren
Dillon Knollenberg Pearce Womack
Donigan Kowall Polidori Young
Durhal Kurtz Proos
Nays—7
Agema Genetski Meekhof Scott, P.
Amash McMillin Miller
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Meekhof, 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:
Targeted tax credits such as these are unfair to other businesses and are not as effective at stimulating the economy as broad-based tax relief would be.”
Second Reading of Bills
House Bill No. 5567, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 2 (MCL 207.772), as amended by 2008 PA 284.
The bill was read a second time.
Rep. Stanley moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. McMillin moved to amend the bill as follows:
1. Amend page 5, following line 14, by inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 945 of the 95th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Stanley moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5567, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 2 (MCL 207.772), as amended by 2008 PA 284.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 583 Yeas—89
Angerer Durhal Lahti Rocca
Ball Ebli LeBlanc Rogers
Barnett Elsenheimer Leland Schmidt, R.
Bauer Espinoza Lemmons Schmidt, W.
Bledsoe Geiss Lindberg Scott, B.
Booher Green Lipton Scripps
Brown, L. Gregory Liss Segal
Brown, T. Griffin Lori Sheltrown
Byrnes Haase Marleau Slavens
Byrum Haines Mayes Slezak
Calley Hammel McDowell Smith
Caul Haugh Meadows Spade
Clemente Hildenbrand Melton Stamas
Constan Horn Meltzer Stanley
Corriveau Huckleberry Miller Switalski
Coulouris Jackson Moss Tlaib
Crawford Johnson Nathan Tyler
Cushingberry Jones, Rick Nerat Valentine
Dean Jones, Robert Neumann Walsh
Denby Kandrevas Polidori Warren
DeShazor Kennedy Proos Womack
Dillon Knollenberg Roberts Young
Donigan
Nays—18
Agema Hansen McMillin Pavlov
Amash Haveman Meekhof Pearce
Bolger Kowall Moore Schuitmaker
Daley Kurtz Opsommer Scott, P.
Genetski Lund
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5584, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 13c (MCL 125.1663c), as added by 2008 PA 157.
The bill was read a second time.
Rep. Segal moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Segal moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5584, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 13c (MCL 125.1663c), as added by 2008 PA 157.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 584 Yeas—92
Agema Dillon Kowall Polidori
Angerer Donigan Kurtz Roberts
Ball Durhal Lahti Rocca
Barnett Ebli LeBlanc Schmidt, R.
Bauer Espinoza Leland Schmidt, W.
Bledsoe Geiss Lemmons Scott, B.
Bolger Green Lindberg Scripps
Booher Gregory Lipton Segal
Brown, L. Griffin Liss Sheltrown
Brown, T. Haase Lori Slavens
Byrnes Haines Lund Slezak
Byrum Hammel Marleau Smith
Calley Haugh Mayes Spade
Caul Hildenbrand McDowell Stamas
Clemente Horn Meadows Stanley
Constan Huckleberry Melton Switalski
Corriveau Jackson Meltzer Tlaib
Coulouris Johnson Miller Tyler
Crawford Jones, Rick Moss Valentine
Cushingberry Jones, Robert Nathan Walsh
Dean Kandrevas Nerat Warren
Denby Kennedy Neumann Womack
DeShazor Knollenberg Pearce Young
Nays—15
Amash Hansen Moore Rogers
Daley Haveman Opsommer Schuitmaker
Elsenheimer McMillin Pavlov Scott, P.
Genetski Meekhof Proos
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5585, entitled
A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 12b (MCL 125.1812b), as added by 2008 PA 156.
The bill was read a second time.
Rep. Segal moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Segal moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5585, entitled
A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 12b (MCL 125.1812b), as added by 2008 PA 156.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 585 Yeas—92
Agema Dillon Kowall Polidori
Angerer Donigan Kurtz Roberts
Ball Durhal Lahti Rocca
Barnett Ebli LeBlanc Schmidt, R.
Bauer Espinoza Leland Schmidt, W.
Bledsoe Geiss Lemmons Scott, B.
Bolger Green Lindberg Scripps
Booher Gregory Lipton Segal
Brown, L. Griffin Liss Sheltrown
Brown, T. Haase Lori Slavens
Byrnes Haines Lund Slezak
Byrum Hammel Marleau Smith
Calley Haugh Mayes Spade
Caul Hildenbrand McDowell Stamas
Clemente Horn Meadows Stanley
Constan Huckleberry Melton Switalski
Corriveau Jackson Meltzer Tlaib
Coulouris Johnson Miller Tyler
Crawford Jones, Rick Moss Valentine
Cushingberry Jones, Robert Nathan Walsh
Dean Kandrevas Nerat Warren
Denby Kennedy Neumann Womack
DeShazor Knollenberg Pearce Young
Nays—15
Amash Hansen Moore Rogers
Daley Haveman Opsommer Schuitmaker
Elsenheimer McMillin Pavlov Scott, P.
Genetski Meekhof Proos
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5219, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1079.
The bill was read a second time.
Rep. Ball moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Dean moved that Rep. Nathan 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. 5219, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1079.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 586 Yeas—106
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 Miller Stanley
Coulouris Jackson Moore Switalski
Crawford Johnson Moss Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Jones, Robert 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 House agreed to the title of the bill.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5241, entitled
A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending section 3 (MCL 38.1603), as amended by 2008 PA 366.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Labor,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. LeBlanc moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5241, entitled
A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending section 3 (MCL 38.1603), as amended by 2008 PA 366.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 587 Yeas—107
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 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 Opsommer Warren
DeShazor Knollenberg Pavlov Womack
Dillon Kowall Pearce Young
Donigan Kurtz Polidori
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 163, entitled
A bill to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” by amending section 4 (MCL 28.4).
The bill was read a second time.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 2, line 25, after “REMOVAL” by inserting a comma and “UNLESS A REDUCTION IN EXPENDITURES IS REQUIRED DUE TO INSUFFICIENT FUNDS”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Dean moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 163, entitled
A bill to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” by amending section 4 (MCL 28.4).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 588 Yeas—107
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 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 Opsommer Warren
DeShazor Knollenberg Pavlov Womack
Dillon Kowall Pearce Young
Donigan Kurtz Polidori
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
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.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Donigan, Barnett, Bledsoe, Robert Jones, Kennedy, Young, Lund, Denby, Meekhof and Wayne Schmidt
Nays: None
Second Reading of Bills
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 bill was read a second time.
Rep. Dean moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 589 Yeas—105
Agema Ebli LeBlanc Proos
Angerer Elsenheimer Leland Roberts
Ball Espinoza Lemmons Rocca
Barnett Geiss Lindberg Rogers
Bauer Green Lipton Schmidt, R.
Bledsoe Gregory Liss Schmidt, W.
Bolger Griffin Lori Schuitmaker
Booher Haase Lund Scott, B.
Brown, L. Haines Marleau Scott, P.
Brown, T. Hammel Mayes Scripps
Byrnes Hansen McDowell Segal
Byrum Haugh McMillin Sheltrown
Calley Haveman Meadows Slavens
Caul Hildenbrand Meekhof Slezak
Clemente Horn Melton Smith
Constan Huckleberry Meltzer Spade
Corriveau Jackson Miller Stamas
Coulouris Johnson Moore Stanley
Crawford Jones, Rick Moss Switalski
Cushingberry Jones, Robert Nathan Tlaib
Daley Kandrevas Nerat Tyler
Dean Kennedy Neumann Valentine
Denby Knollenberg Opsommer Walsh
DeShazor Kowall Pavlov Warren
Dillon Kurtz Pearce Womack
Donigan Lahti Polidori Young
Durhal
Nays—2
Amash Genetski
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4394, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320a (MCL 257.320a), as amended by 2008 PA 463, and by adding section 602b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Transportation,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
Rep. Kandrevas moved to substitute (H-5) the bill.
The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Dean moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4394, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320a (MCL 257.320a), as amended by 2008 PA 463, and by adding section 602b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 590 Yeas—94
Angerer Elsenheimer Lindberg Rocca
Ball Espinoza Lipton Rogers
Barnett Gregory Liss Schmidt, R.
Bauer Griffin Lori Schmidt, W.
Bolger Haase Lund Schuitmaker
Booher Haines Marleau Scott, B.
Brown, L. Hammel Mayes Scott, P.
Brown, T. Hansen McDowell Scripps
Byrnes Haugh Meadows Segal
Byrum Hildenbrand Melton Sheltrown
Calley Horn Meltzer Slavens
Clemente Huckleberry Miller Slezak
Constan Jackson Moore Smith
Corriveau Johnson Moss Spade
Coulouris Jones, Rick Nathan Stanley
Crawford Jones, Robert Nerat Switalski
Cushingberry Kandrevas Neumann Tlaib
Daley Kennedy Opsommer Tyler
Dean Knollenberg Pavlov Valentine
Denby Kowall Pearce Walsh
Dillon Lahti Polidori Warren
Donigan LeBlanc Proos Womack
Durhal Leland Roberts Young
Ebli Lemmons
Nays—13
Agema DeShazor Green McMillin
Amash Geiss Haveman Meekhof
Bledsoe Genetski Kurtz Stamas
Caul
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Dean moved to amend the title to read as follows:
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 602b.
The motion prevailed.
The House agreed to the title as amended.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Geiss, 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:
It is my belief that texting while driving should be a primary offense in the State of Michigan, rather than the secondary offense as contained in HB 4394. 25 other states make this offense primary, only 4 states make it a secondary offense. Common sense says that you should not text while driving. We, as legislators, need to send a clear message to those who do not have common sense. This bill, unfortunately, is not a strong enough message, or legislation.”
Rep. Agema, 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:
The problem with this bill is you don’t know if someone is answering a call, dialing a number etc. yet if an officer thought you were texting, you could be ticketed. If someone causes an accident because of a careless act- ticket him. What will happen here is that people will put their phones lower in the car causing more distraction and cause more accidents. You lose you freedoms one law at a time.”
Second Reading of Bills
House Bill No. 4370, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320a (MCL 257.320a), as amended by 2008 PA 463.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Dean moved to reconsider the vote by which the House did not adopt the substitute previously recommended by the Committee on Transportation.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the substitute (H-2) previously recommended by the Committee on Transportation,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Polidori moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4370, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320a (MCL 257.320a), as amended by 2008 PA 463.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 591 Yeas—105
Agema Ebli LeBlanc Proos
Amash Elsenheimer Leland Roberts
Angerer Espinoza Lemmons Rocca
Ball Genetski Lindberg Rogers
Barnett Green Lipton Schmidt, R.
Bauer Gregory Liss Schmidt, W.
Bolger Griffin Lori Schuitmaker
Booher Haase Lund Scott, B.
Brown, L. Haines Marleau Scott, P.
Brown, T. Hammel Mayes Scripps
Byrnes Hansen McDowell Segal
Byrum Haugh McMillin Sheltrown
Calley Haveman Meadows Slavens
Caul Hildenbrand Meekhof Slezak
Clemente Horn Melton Smith
Constan Huckleberry Meltzer Spade
Corriveau Jackson Miller Stamas
Coulouris Johnson Moore Stanley
Crawford Jones, Rick Moss Switalski
Cushingberry Jones, Robert Nathan Tlaib
Daley Kandrevas Nerat Tyler
Dean Kennedy Neumann Valentine
Denby Knollenberg Opsommer Walsh
DeShazor Kowall Pavlov Warren
Dillon Kurtz Pearce Womack
Donigan Lahti Polidori Young
Durhal
Nays—2
Bledsoe Geiss
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Geiss, 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:
It is my belief that texting while driving should be a primary offense in the State of Michigan, rather than the secondary offense as contained in HB 4370. 25 other states make this offense primary, only 4 states make it a secondary offense. Common sense says that you should not text while driving. We, as legislators, need to send a clear message to those who do not have common sense. This bill, unfortunately, is not a strong enough message, or legislation.”
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Switalski, Durhal, Lipton, Lisa Brown, Leland, Cushingberry, Gonzales, Tlaib, Geiss, Ball, Bauer, Booher, Terry Brown, Dean, Donigan, Gregory, Haugh, Lemmons, Liss, Lori, Mayes, McDowell, Neumann, Proos, Roberts, Scripps, Spade, Stanley, Valentine, Warren, Hammel, LeBlanc, Meadows, Clemente, Constan, Huckleberry, Robert Jones and Kandrevas offered the following resolution:
House Resolution No. 187.
A resolution to express support for active transportation infrastructure options that promote walking and bicycle usage and reduce childhood obesity.
Whereas, A transportation network that provides active options for people holds many benefits for our citizens, our individual communities, and our state as a whole. Any modifications in our transportation infrastructure and policy that could increase physical activity, reduce traffic, and bring greater efficiency in the use of resources should be encouraged; and
Whereas, A transportation system conducive to bicycling and walking improves public health, reduces pollution, and holds great potential for revitalizing communities and spurring economic development. Such a comprehensive approach could also reduce some of the notable costs from obesity and other health-related problems incurred each year across our state; and
Whereas, The health of our youth is an especially critical issue. More than a quarter of children and adolescents are overweight or obese, and lack of physical activity contributes considerably to this. While there are obviously many aspects of this problem, in 1969, half of the nation’s children walked or rode a bike to school each day; today, this figure is closer to one in 10; and
Whereas, Nationally, it is estimated that one quarter of trips are less than a mile, and half of all trips are less than 5 miles. The majority of these are made by car. Access to safe and reliable options could change the way we travel and alter the character of our communities; and
Whereas, Numerous programs have attempted to encourage children and their parents to become more active and, when practical, to walk or ride a bike to work or school. These programs include measures such as the Safe Routes to School program enacted by Congress, the Michigan Department of Transportation’s Context Sensitive Solutions and other initiatives, and the Complete Streets approach to promote safe access and sidewalks; and
Whereas, The Michigan Department of Transportation, which has developed long-range transportation plans that reflect alternate travel options as a priority and which has adopted the Context Sensitive Solutions design process, can be a key resource for counties and local communities across our state; and
Whereas, “Complete Streets” are roadways designed to accommodate safe access for all users. Pedestrians, bicyclist, motorists, and transit riders of all ages and abilities are able to move safely along and across Complete Streets to school, work, play, or run errands; and
Whereas, Complete Streets principles and concepts are continuing to be adopted nationwide at state, county, metropolitan planning organization, and city levels in the interest of proactive planning of multi-modal transportation options and in adherence to federal regulation; and
Whereas, Of the 118,327 miles of roads open to bicyclists, pedestrians, and other non-motorized users, the Michigan Department of Transportation has jurisdiction over approximately 7 percent, the state’s 83 counties oversee 75 percent, and cities and villages administer about 18 percent; now, therefore, be it
Resolved by the House of Representatives, That we express support for programs and policies that include consideration of bicycle, pedestrian, and transit needs in the planning and development of transportation facilities. We urge the Michigan Department of Transportation to work with counties and local communities and expand active transportation options across our state; and be it further
Resolved, That we urge county and local road agencies with the construction or reconstruction of transportation facilities to act in accordance with Complete Streets, Context Sensitive Solutions, and Safe Routes to School principles; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Department of Transportation.
The resolution was referred to the Committee on Transportation.
Rep. Wayne Schmidt offered the following resolution:
House Resolution No. 188.
A resolution to memorialize the Congress of the United States to enact a credit in the federal excise tax on sparkling wines equivalent to the credit for still wines from small wineries.
Whereas, Michigan has a tradition of agricultural excellence that continues to grow despite the challenging economic times faced in numerous other segments of the state economy; and
Whereas, In recent decades, the Michigan wine industry has become a substantial part of the agricultural growth in the state. This industry consists of 14,600 acres of vineyards, making Michigan the fourth largest grape-growing state. The success of Michigan’s wineries is responsible for creating jobs across the state both in the growing and manufacturing of the product, as well as promoting tourism through the natural beauty of Michigan’s wine country, which attracts more than 800,000 visitors annually; and
Whereas, The wine and grape and the grape juice industry in Michigan account for more than 5,000 jobs across the state, which amounted to a payroll of more than $190 million and nearly $790 million of total economic value to the state of Michigan in 2005. Those numbers continue to grow every year; and
Whereas, The majority of wineries in Michigan qualify for a small winery per gallon credit of $0.90, as they produce less than 250,000 gallons of wine during the calendar year. They also pay federal excise taxes on still wines containing not more than 14 percent of alcohol by volume at a per gallon rate of $1.07. After the credit for these small wineries is applied to the federal excise tax, it results in a tax of $0.17 per bottle; and,
Whereas, In addition to their still wines, many wineries in Michigan produce sparkling wines, which are charged an excise tax of $3.40 per bottle with no credit available for small wineries producing under 250,000 gallons. That is 20 times the tax they pay on the majority of the wines they produce; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact a credit in the federal excise tax on sparkling wines equivalent to the value of the $0.90 per gallon credit on still wines from small wineries; 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, and members of the Michigan Congressional delegation.
The resolution was referred to the Committee on Tax Policy.
Reps. Byrnes, Durhal, Lipton, Leland, Lisa Brown, Cushingberry, Gonzales, Geiss, Ball, Bauer, Booher, Terry Brown, Dean, Donigan, Gregory, Haugh, Lemmons, Liss, Lori, Mayes, McDowell, Neumann, Proos, Roberts, Scripps, Spade, Stanley, Valentine, Warren, LeBlanc, Meadows, Polidori, Huckleberry and Robert Jones offered the following concurrent resolution:
House Concurrent Resolution No. 34.
A concurrent resolution to express support for active transportation infrastructure options that promote walking and bicycle usage and reduce childhood obesity.
Whereas, A transportation network that provides active options for people holds many benefits for our citizens, our individual communities, and our state as a whole. Any modifications in our transportation infrastructure and policy that could increase physical activity, reduce traffic, and bring greater efficiency in the use of resources should be encouraged; and
Whereas, A transportation system conducive to bicycling and walking improves public health, reduces pollution, and holds great potential for revitalizing communities and spurring economic development. Such a comprehensive approach could also reduce some of the notable costs from obesity and other health-related problems incurred each year across our state; and
Whereas, The health of our youth is an especially critical issue. More than a quarter of children and adolescents are overweight or obese, and lack of physical activity contributes considerably to this. While there are obviously many aspects of this problem, in 1969, half of the nation’s children walked or rode a bike to school each day; today, this figure is closer to one in 10; and
Whereas, Nationally, it is estimated that one quarter of trips are less than a mile, and half of all trips are less than 5 miles. The majority of these are made by car. Access to safe and reliable options could change the way we travel and alter the character of our communities; and
Whereas, Numerous programs have attempted to encourage children and their parents to become more active and, when practical, to walk or ride a bike to work or school. These programs include measures such as the Safe Routes to School program enacted by Congress, the Michigan Department of Transportation’s Context Sensitive Solutions and other initiatives, and the Complete Streets approach to promote safe access and sidewalks; and
Whereas, The Michigan Department of Transportation, which has developed long-range transportation plans that reflect alternate travel options as a priority and which has adopted the Context Sensitive Solutions design process, can be a key resource for counties and local communities across our state; and
Whereas, “Complete Streets” are roadways designed to accommodate safe access for all users. Pedestrians, bicyclist, motorists, and transit riders of all ages and abilities are able to move safely along and across Complete Streets to school, work, play, or run errands; and
Whereas, Complete Streets principles and concepts are continuing to be adopted nationwide at state, county, metropolitan planning organization, and city levels in the interest of proactive planning of multi-modal transportation options and in adherence to federal regulation; and
Whereas, Of the 118,327 miles of roads open to bicyclists, pedestrians, and other non-motorized users, the Michigan Department of Transportation has jurisdiction over approximately 7 percent, the state’s 83 counties oversee 75 percent, and cities and villages administer about 18 percent; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we express support for programs and policies that include consideration of bicycle, pedestrian, and transit needs in the planning and development of transportation facilities. We urge the Michigan Department of Transportation to work with counties and local communities and expand active transportation options across our state; and be it further
Resolved, That we urge county and local road agencies with the construction or reconstruction of transportation facilities to act in accordance with Complete Streets, Context Sensitive Solutions, and Safe Routes to School principles; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Department of Transportation.
The concurrent resolution was referred to the Committee on Transportation.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Friday, December 4, for her approval of the following bills:
Enrolled House Bill No. 4234 at 11:14 a.m.
Enrolled House Bill No. 4658 at 11:16 a.m.
Enrolled House Bill No. 4673 at 11:18 a.m.
Enrolled House Bill No. 5052 at 11:20 a.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, December 4:
House Bill Nos. 5645 5646 5647 5648 5649
Senate Bill Nos. 1002 1003 1004 1005 1006 1007 1008
The Clerk announced the enrollment printing and presentation to the Governor on Monday, December 7, for her approval of the following bill:
Enrolled House Bill No. 4507 at 3:34 p.m.
The Clerk announced that the following Senate bills had been received on Tuesday, December 8:
Senate Bill Nos. 610 879
Reports of Standing Committees
The Committee on Urban Policy, by Rep. Leland, Chair, reported
House Bill No. 4904, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5714 (MCL 600.5714), as amended by 2004 PA 105.
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. Leland, Nathan, Barnett, Meadows, Segal, Stanley, Meltzer and Pavlov
Nays: None
The Committee on Urban Policy, by Rep. Leland, Chair, reported
House Bill No. 4905, entitled
A bill to amend 1846 RS 66, entitled “Of estates in dower, by the curtesy, and general provisions concerning real estate,” by amending section 34 (MCL 554.134), as amended by 2004 PA 106.
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. Leland, Nathan, Barnett, Meadows, Segal, Stanley, Womack, Meltzer and Pavlov
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Leland, Chair, of the Committee on Urban Policy, was received and read:
Meeting held on: Tuesday, December 8, 2009
Present: Reps. Leland, Nathan, Barnett, Meadows, Segal, Stanley, Womack, Meltzer and Pavlov
Absent: Reps. Paul Scott and Hansen
Excused: Reps. Paul Scott and Hansen
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
Senate Bill No. 934, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81101 (MCL 324.81101), as amended by 2004 PA 587.
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, Huckleberry, Lindberg, 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, December 8, 2009
Present: Reps. Sheltrown, Slezak, Huckleberry, Lindberg, Stanley, Stamas, Bolger, Hansen and Horn
Absent: Reps. Ebli and Simpson
Excused: Reps. Ebli and Simpson
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
House Bill No. 5091, 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.
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. Corriveau, Segal, Coulouris, Donigan, Johnson, Neumann, Roy Schmidt, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green and Moore
Nays: Reps. Byrum and Liss
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
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.
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. Corriveau, Segal, Coulouris, Donigan, Johnson, Neumann, Roy Schmidt, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green and Moore
Nays: None
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
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.
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. Corriveau, Segal, Coulouris, Donigan, Johnson, Neumann, Roy Schmidt, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green and Moore
Nays: Reps. Byrum and Liss
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
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.
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. Corriveau, Segal, Coulouris, Donigan, Johnson, Neumann, Roy Schmidt, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green and Moore
Nays: None
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
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.
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. Corriveau, Segal, Coulouris, Donigan, Johnson, Neumann, Roy Schmidt, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green and Moore
Nays: None
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
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.
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. Corriveau, Segal, Coulouris, Donigan, Johnson, Neumann, Roy Schmidt, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green and Moore
Nays: None
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
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.
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. Corriveau, Segal, Coulouris, Donigan, Johnson, Neumann, Roy Schmidt, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green and Moore
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, December 8, 2009
Present: Reps. Corriveau, Segal, Byrum, Coulouris, Donigan, Johnson, Liss, Neumann, Roy Schmidt, Slavens, Valentine, Womack, Marleau, Ball, Calley, Crawford, Denby, Green and Moore
Absent: Reps. Simpson and Paul Scott
Excused: Reps. Simpson and Paul Scott
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
House Bill No. 5495, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 12 (MCL 207.782), as amended by 2006 PA 661.
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. Donigan, Barnett, Bledsoe, Robert Jones, Kennedy, Young, Lund, Denby, Meekhof and Wayne Schmidt
Nays: None
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
House Concurrent Resolution No. 30.
A concurrent resolution relative to secondary road patrol funds for counties, cities, and villages.
(For text of concurrent resolution, see House Journal No. 88, p. 2104.)
With the recommendation that the concurrent resolution be adopted.
Favorable Roll Call
To Report Out:
Yeas: Reps. Donigan, Barnett, Bledsoe, Robert Jones, Lund, Denby, Meekhof and Wayne Schmidt
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Donigan, Chair, of the Committee on Intergovernmental and Regional Affairs, was received and read:
Meeting held on: Tuesday, December 8, 2009
Present: Reps. Donigan, Barnett, Bledsoe, Robert Jones, Kennedy, Young, Lund, Denby, Meekhof and Wayne Schmidt
Absent: Rep. Haugh
Excused: Rep. Haugh
The Committee on Education, by Rep. Melton, Chair, reported
House Bill No. 5623, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 502, 503, 523, 1147, 1246, 1284b, 1311d, 1311e, 1536, and 1561 (MCL 380.502, 380.503, 380.523, 380.1147, 380.1246, 380.1284b, 380.1311d, 380.1311e, 380.1536, and 380.1561), section 502 as amended by 1995 PA 289, section 503 as amended by 2003 PA 299, section 523 as added by 2003 PA 179, section 1246 as amended by 2004 PA 148, section 1284b as amended by 2006 PA 235, sections 1311d and 1311e as added by 1999 PA 23, section 1536 as added by 2006 PA 335, and section 1561 as amended by 1996 PA 339, and by adding sections 1238, 1249, and 1320.
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. Melton, Bledsoe, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Ball and Walsh
Nays: Reps. Amash and McMillin
The Committee on Education, by Rep. Melton, Chair, reported
House Bill No. 5636, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 20, and 94a (MCL 388.1606, 388.1620, and 388.1694a), as amended by 2009 PA 121.
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. Melton, Lisa Brown, Bledsoe, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Ball, DeShazor and Walsh
Nays: Rep. Amash
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Melton, Chair, of the Committee on Education, was received and read:
Meeting held on: Tuesday, December 8, 2009
Present: Reps. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Amash, Ball, DeShazor, McMillin, Pearce, Tyler and Walsh
Absent: Rep. Paul Scott
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Melton, Chair, of the Committee on Education, was received and read:
Meeting held on: Thursday, December 3, 2009
Present: Reps. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Valentine, Pavlov, Amash, Ball, DeShazor, McMillin, Pearce, Paul Scott, Tyler and Walsh
Absent: Rep. Sheltrown
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrnes, Chair, of the Committee on Public Employee Health Care Reform, was received and read:
Meeting held on: Thursday, December 3, 2009
Present: Reps. Byrnes, Haugh, Johnson, Lahti, Scripps, Segal, Stanley, Pavlov, Bolger, Genetski, Lori and Rogers
Absent: Rep. Melton
Excused: Rep. Melton
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, December 8, 2009
Present: Reps. Mayes, Geiss, Lisa Brown, Clemente, Huckleberry, Johnson, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos and Schuitmaker
Absent: Reps. Ebli and Wayne Schmidt
Excused: Reps. Ebli and Wayne Schmidt
Messages from the Senate
House Bill No. 5222, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by repealing part 317.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Bill No. 610, entitled
A bill to create a lien against real property for unpaid commercial real estate broker’s commissions and services; and to provide remedies.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 879, entitled
A bill to regulate the use of signs advertising sexually oriented businesses; to provide for the powers and duties of certain state and local governmental officers and entities; to provide remedies; and to prescribe civil sanctions.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Messages from the Governor
Date: December 4, 2009
Time: 9:05 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5120 (Public Act No. 156, I.E.), being
An act to amend 1985 PA 106, entitled “An act to impose a state excise tax on persons engaged in the business of providing rooms for dwelling, lodging, or sleeping purposes to transient guests in certain counties; to provide for the levy, assessment, and collection of the tax; to provide for the disposition and appropriation of the collections from the tax; to create a convention facility development fund; to authorize the distributions from the fund; to authorize the use of distributions from the tax as security for any bonds, obligations, or other evidences of indebtedness issued to finance convention facilities as provided by law; to prescribe certain other matters relating to bonds, obligations, or other evidences of indebtedness issued for such purposes,” by amending section 10 (MCL 207.630), as amended by 2009 PA 61.
(Filed with the Secretary of State December 4, 2009, at 10:41 a.m.)
Introduction of Bills
Reps. Segal, Robert Jones, Schuitmaker, Lori, Bolger and DeShazor introduced
House Bill No. 5650, entitled
A bill to amend an act of the Territorial Laws, p. 1131, vol. III, approved April 22, 1833, entitled “An act to establish Kalamazoo college and to prescribe its powers and duties,” by amending section 3 (MCL 390.753), as amended by 1985 PA 203.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Lemmons, Durhal, Cushingberry, Womack, Haugh, Terry Brown, Young, Espinoza, Johnson and Dean introduced
House Bill No. 5651, entitled
A bill to specify how certain cities may pay an annual cost of living supplement to employees.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. Lemmons, Durhal, Cushingberry, Womack, Haugh, Terry Brown, Young, Espinoza, Johnson, Roy Schmidt, Dean, Jackson and Bettie Scott introduced
House Bill No. 5652, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2008 PA 463, and by adding section 732b.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Genetski introduced
House Bill No. 5653, entitled
A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending sections 7, 39, 41, 43, and 70 (MCL 257.1807, 257.1839, 257.1841, 257.1843, and 257.1870), sections 7 and 39 as amended by 2006 PA 107 and sections 41, 43, and 70 as amended by 2006 PA 108.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Lindberg, Mayes, McDowell, Nerat, Spade, Neumann and Lahti introduced
House Bill No. 5654, entitled
A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending section 51 (MCL 460.1051).
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Reps. Espinoza, Polidori, Hansen, Byrnes, Tlaib and Neumann introduced
House Bill No. 5655, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4702 (MCL 600.4702), as amended by 2002 PA 142.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Espinoza, Polidori, Hansen, Byrnes, Tlaib and Neumann introduced
House Bill No. 5656, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 159g, 159m, and 159q (MCL 750.159g, 750.159m, and 750.159q), section 159g as amended by 2002 PA 124 and sections 159m and 159q as added by 1995 PA 187.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Espinoza, Terry Brown, Polidori, McDowell, Lemmons and Warren introduced
House Bill No. 5657, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 12412 (MCL 333.12412).
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Espinoza, Terry Brown, Polidori, McDowell, Lemmons and Warren introduced
House Bill No. 5658, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 12431 (MCL 333.12431), as amended by 2005 PA 43.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Espinoza, Terry Brown, Polidori, McDowell, Lemmons and Warren introduced
House Bill No. 5659, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 12425 (MCL 333.12425).
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Scripps, Tlaib, Warren, Leland and Dean introduced
House Bill No. 5660, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 28 (MCL 421.28), as amended by 1994 PA 422.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. McDowell, Lahti, Haugh, Coulouris, Scripps, Leland, Neumann, Liss, LeBlanc, Haase, Spade, Espinoza, Hammel, Lindberg, Nerat and Dean introduced
House Bill No. 5661, entitled
A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 5 (MCL 780.905), as amended by 2005 PA 315.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Sheltrown and Cushingberry introduced
House Bill No. 5662, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43509, 43532, and 43533 (MCL 324.43509, 324.43532, and 324.43533), sections 43509 and 43533 as amended by 1996 PA 585 and section 43532 as amended by 2002 PA 108.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Reps. Sheltrown, Scripps, Mayes, McDowell, LeBlanc, Nerat, Polidori, Melton, Ball, Lindberg, Meadows and Cushingberry introduced
House Bill No. 5663, entitled
A bill to authorize a local unit of government to create a program to promote green energy use; to authorize a local unit of government to issue bonds and make loans from the proceeds of those bonds for certain purposes; to provide for the repayment of loans; and to prescribe the powers and duties of certain officials.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Reps. Sheltrown and Cushingberry introduced
House Bill No. 5664, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32504 (MCL 324.32504), as added by 1995 PA 59.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Rep. Amash introduced
House Bill No. 5665, entitled
A bill to repeal 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” (MCL 423.231 to 423.247).
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. Bauer, Lahti, McDowell, Schuitmaker, Hildenbrand, Rick Jones, Opsommer, Denby, Tyler, Meekhof, Elsenheimer, Scripps, Neumann, Liss, Hammel, Pearce, Coulouris, Haase, Espinoza and Spade introduced
House Bill No. 5666, entitled
A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2008 PA 396.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Schuitmaker, Lahti, McDowell, Bauer, Hildenbrand, Rick Jones, Opsommer, Denby, Meekhof, Elsenheimer, Scripps, Neumann, Liss, Hammel, Dean, Tyler, Pearce, Coulouris, Haase, Espinoza and Spade introduced
House Bill No. 5667, entitled
A bill to amend 1976 PA 223, entitled “An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,” by amending section 11 (MCL 18.361), as amended by 2008 PA 390.
The bill was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. Caul moved that the House adjourn.
The motion prevailed, the time being 4:20 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, December 9, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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