No. 40
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2010
House Chamber, Lansing, Thursday, April 29, 2010.
12:00 Noon.
The House was called to order by Associate Speaker Pro Tempore Jackson.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Durhal—present Kurtz—present Polidori—present
Amash—present Ebli—present Lahti—present Proos—present
Angerer—present Elsenheimer—present LeBlanc—present Roberts—present
Ball—present Espinoza—present Leland—present Rocca—present
Barnett—present Geiss—present Lemmons—present Rogers—present
Bauer—present Genetski—present Lindberg—present Schmidt, R.—present
Bennett—present Gonzales—present Lipton—excused Schmidt, W.—present
Bledsoe—present Green—present Liss—present Schuitmaker—present
Bolger—present Gregory—present Lori—present Scott, B.—present
Booher—present Griffin—present Lund—present Scott, P.—present
Brown, L.—present Haase—present Marleau—present Scripps—present
Brown, T.—present Haines—present Mayes—present Segal—present
Byrnes—present Hammel—present McDowell—present Sheltrown—present
Byrum—present Hansen—present McMillin—present Slavens—present
Calley—excused Haugh—present Meadows—present Slezak—present
Caul—present Haveman—present Meekhof—present Smith—present
Clemente—present Hildenbrand—present Melton—present Spade—present
Constan—present Horn—present Meltzer—present Stamas—present
Corriveau—present Huckleberry—present Miller—present Stanley—present
Crawford—present Jackson—present Moore—present Switalski—present
Cushingberry—present Johnson—present Moss—present Tlaib—present
Daley—present Jones, Rick—present Nathan—present Tyler—present
Dean—present Jones, Robert—present Nerat—present Valentine—present
Denby—present Kandrevas—present Neumann—present Walsh—present
DeShazor—present Kennedy—present Opsommer—present Warren—present
Dillon—present Knollenberg—present Pavlov—present Womack—present
Donigan—present Kowall—present Pearce—present Young—present
e/d/s = entered during session
Rep. Jim Slezak, from the 50th District, offered the following invocation:
“Lord, we are not worthy to stand in Your presence. Give us the strength and courage to do what is right for the people of our great state of Michigan. Teach us not to be selfish but rather to be selfless. Let us be the voice for the people who have no voice. Bring us together so that we may stand collectively with integrity. Let this be the day that we stand united to bring us out of the crisis we are in and put us back on the road to prosperity. We pray in Jesus’s Holy name, Amen.”
______
Rep. Dean moved that Rep. Lipton be excused from today’s session.
The motion prevailed.
Rep. Hildenbrand moved that Rep. Calley be excused from today’s session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
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 received from the Senate on April 28, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 39, p. 609.)
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 161 Yeas—98
Angerer Elsenheimer Lahti Roberts
Ball Espinoza LeBlanc Rocca
Barnett Geiss Leland Rogers
Bauer Gonzales Lemmons Schmidt, R.
Bennett Green Lindberg Schmidt, W.
Bledsoe Gregory Liss Schuitmaker
Bolger Griffin Lori Scott, B.
Booher Haase Lund Scripps
Brown, L. Haines Marleau Segal
Brown, T. Hammel Mayes Sheltrown
Byrnes Hansen McDowell Slavens
Byrum Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Moore Stanley
Crawford Jackson Moss Switalski
Cushingberry Johnson Nathan Tlaib
Dean Jones, Rick Nerat Tyler
Denby Jones, Robert Neumann Valentine
DeShazor Kandrevas Pavlov Walsh
Dillon Kennedy Pearce Warren
Donigan Knollenberg Polidori Womack
Durhal Kowall Proos Young
Ebli Kurtz
Nays—8
Agema Daley McMillin Opsommer
Amash Genetski Miller Scott, P.
In The Chair: Jackson
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Miller, having reserved the right to explain his nay vote, made the following statement:
“Mr. Speaker and members of the House:
Clearly we have to diversify our economy and while renewable energy offers promise expanding our economic development tools in the form of targeted tax breaks for specific interests is not a sustainable or fair way of creating long term economic growth. The forgone revenue would be better used investing in early childhood education or lessening the tax burden on existing Michigan businesses.”
Second Reading of Bills
House Bill No. 5409, 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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Durhal moved to amend the bill as follows:
1. Amend page 10, following line 25, by inserting:
“(4) LOCAL GOVERNMENT PROGRAMS
Supervision of general property tax law...................................................................................... $ 3,000,000
GROSS APPROPRIATION.......................................................................................................... $ 3,000,000
Appropriated from:
Special revenue funds:
Delinquent tax collection revenue................................................................................................ 3,000,000
State general fund/general purpose.............................................................................................. $ 0”
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 14, following line 22, by inserting:
“TREASURY
Sec. 701. The appropriation in part 1 for supervision of the general property tax law is to fund personal property tax audits conducted by tax management associates pursuant to a contract with the state of Michigan.”.
The question being on the adoption of the amendments offered by Rep. Durhal,
Rep. Dean moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 5573, entitled
A bill to amend 1941 PA 359, entitled “An act for controlling and eradicating certain noxious weeds within the state; to permit townships, villages, and cities to have a lien for expenses incurred in controlling and eradicating such weeds; to permit officials of counties and municipalities to appoint commissioners of noxious weeds; to define the powers, duties, and compensation of commissioners; to provide for sanctions; and to repeal certain acts and parts of acts,” by amending section 4 (MCL 247.64), as amended by 2003 PA 321.
The bill was read a second time.
Rep. Bolger 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. 5573, entitled
A bill to amend 1941 PA 359, entitled “An act for controlling and eradicating certain noxious weeds within the state; to permit townships, villages, and cities to have a lien for expenses incurred in controlling and eradicating such weeds; to permit officials of counties and municipalities to appoint commissioners of noxious weeds; to define the powers, duties, and compensation of commissioners; to provide for sanctions; and to repeal certain acts and parts of acts,” by amending section 4 (MCL 247.64), as amended by 2003 PA 321.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 162 Yeas—106
Agema Ebli Lahti Proos
Amash Elsenheimer LeBlanc Roberts
Angerer Espinoza Leland Rocca
Ball Geiss Lemmons Rogers
Barnett Genetski Lindberg Schmidt, R.
Bauer Gonzales Liss Schmidt, W.
Bennett Green Lori Schuitmaker
Bledsoe Gregory Lund Scott, B.
Bolger Griffin Marleau Scott, P.
Booher Haase Mayes Scripps
Brown, L. Haines McDowell Segal
Brown, T. Hammel McMillin Sheltrown
Byrnes Hansen Meadows Slavens
Byrum Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller 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
Nays—0
In The Chair: Jackson
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. 5786, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding sections 7mm and 9m.
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 adopted, a majority of the members serving voting therefor.
Rep. Caul 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. 5786, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding sections 7mm and 9m.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 163 Yeas—106
Agema Ebli Lahti Proos
Amash Elsenheimer LeBlanc Roberts
Angerer Espinoza Leland Rocca
Ball Geiss Lemmons Rogers
Barnett Genetski Lindberg Schmidt, R.
Bauer Gonzales Liss Schmidt, W.
Bennett Green Lori Schuitmaker
Bledsoe Gregory Lund Scott, B.
Bolger Griffin Marleau Scott, P.
Booher Haase Mayes Scripps
Brown, L. Haines McDowell Segal
Brown, T. Hammel McMillin Sheltrown
Byrnes Hansen Meadows Slavens
Byrum Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller 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
Nays—0
In The Chair: Jackson
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 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7mm.
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.
Second Reading of Bills
House Bill No. 5271, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1264.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Great Lakes and Environment,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Tlaib 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. 5271, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1264.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 164 Yeas—70
Angerer Durhal Lahti Schmidt, R.
Ball Ebli LeBlanc Schmidt, W.
Barnett Espinoza Leland Scott, B.
Bauer Geiss Lemmons Scripps
Bennett Gonzales Lindberg Segal
Bledsoe Green Liss Sheltrown
Brown, L. Gregory Mayes Slavens
Brown, T. Griffin McDowell Slezak
Byrnes Haase Meadows Smith
Byrum Hammel Melton Spade
Caul Haugh Miller Stanley
Clemente Huckleberry Nathan Switalski
Constan Jackson Nerat Tlaib
Corriveau Johnson Neumann Valentine
Cushingberry Jones, Rick Polidori Warren
Dean Jones, Robert Roberts Womack
Dillon Kandrevas Rocca Young
Donigan Kennedy
Nays—36
Agema Genetski Lori Pavlov
Amash Haines Lund Pearce
Bolger Hansen Marleau Proos
Booher Haveman McMillin Rogers
Crawford Hildenbrand Meekhof Schuitmaker
Daley Horn Meltzer Scott, P.
Denby Knollenberg Moore Stamas
DeShazor Kowall Moss Tyler
Elsenheimer Kurtz Opsommer Walsh
In The Chair: Jackson
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. 5991, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20107a (MCL 324.20107a), as amended by 1996 PA 383.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Great Lakes and Environment,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Tlaib 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. 5991, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20107a (MCL 324.20107a), as amended by 1996 PA 383.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 165 Yeas—70
Angerer Durhal Lahti Schmidt, R.
Ball Ebli LeBlanc Schmidt, W.
Barnett Espinoza Leland Scott, B.
Bauer Geiss Lemmons Scripps
Bennett Gonzales Lindberg Segal
Bledsoe Green Liss Sheltrown
Brown, L. Gregory Mayes Slavens
Brown, T. Griffin McDowell Slezak
Byrnes Haase Meadows Smith
Byrum Hammel Melton Spade
Caul Haugh Miller Stanley
Clemente Huckleberry Nathan Switalski
Constan Jackson Nerat Tlaib
Corriveau Johnson Neumann Valentine
Cushingberry Jones, Rick Polidori Warren
Dean Jones, Robert Roberts Womack
Dillon Kandrevas Rocca Young
Donigan Kennedy
Nays—36
Agema Genetski Lori Pavlov
Amash Haines Lund Pearce
Bolger Hansen Marleau Proos
Booher Haveman McMillin Rogers
Crawford Hildenbrand Meekhof Schuitmaker
Daley Horn Meltzer Scott, P.
Denby Knollenberg Moore Stamas
DeShazor Kowall Moss Tyler
Elsenheimer Kurtz Opsommer Walsh
In The Chair: Jackson
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
The House returned to the consideration of
House Bill No. 5409, 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 considered earlier today, see today’s Journal, p. 617.)
The question being on the adoption of the amendments offered previously by Rep. Durhal,
Rep. Durhal withdrew the amendments.
Rep. McDowell moved to amend the bill as follows:
1. Amend page 12, line 11, by striking out all of subsections (5) and (6).
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Durhal moved to amend the bill as follows:
1. Amend page 10, following line 25, by inserting:
“(4) LOCAL GOVERNMENT PROGRAMS
Supervision of general property tax law...................................................................................... $ 3,000,000
GROSS APPROPRIATION.......................................................................................................... $ 3,000,000
Appropriated from:
Special revenue funds:
Delinquent tax collection revenue................................................................................................ 3,000,000
State general fund/general purpose.............................................................................................. $ 0”
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 14, following line 22, by inserting:
“TREASURY
Sec. 701. The appropriation in part 1 for supervision of the general property tax law is to fund personal property tax audits.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Cushingberry 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. 5409, 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 166 Yeas—87
Angerer Durhal LeBlanc Schmidt, R.
Ball Ebli Leland Schmidt, W.
Barnett Espinoza Lemmons Schuitmaker
Bauer Geiss Lindberg Scott, B.
Bennett Gonzales Liss Scripps
Bledsoe Green Lori Segal
Bolger Gregory Marleau Sheltrown
Booher Griffin Mayes Slavens
Brown, L. Haase McDowell Slezak
Brown, T. Haines Meadows Smith
Byrnes Hammel Melton Spade
Byrum Hansen Miller Stamas
Caul Haugh Moore Stanley
Clemente Horn Moss Switalski
Constan Huckleberry Nathan Tlaib
Corriveau Jackson Nerat Tyler
Crawford Johnson Neumann Valentine
Cushingberry Jones, Rick Pearce Walsh
Dean Jones, Robert Polidori Warren
DeShazor Kandrevas Proos Womack
Dillon Kennedy Roberts Young
Donigan Lahti Rocca
Nays—19
Agema Genetski Kurtz Opsommer
Amash Haveman Lund Pavlov
Daley Hildenbrand McMillin Rogers
Denby Knollenberg Meekhof Scott, P.
Elsenheimer Kowall Meltzer
In The Chair: Jackson
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 make, supplement, and adjust appropriations for various state departments and agencies, for the judicial branch, and for the legislative branch, for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
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.
Second Reading of Bills
House Bill No. 6045, entitled
A bill to provide for the procedure for allocation of federal bond limitation under certain bond programs; and to prescribe certain powers and duties of certain state agencies and public officers.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Commerce,
The substitute (H-3) 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. 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. 6045, entitled
A bill to provide for the procedure for allocation of federal bond limitation under certain bond programs; and to prescribe certain powers and duties of certain state agencies and public officers.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 167 Yeas—72
Angerer Donigan Kennedy Schmidt, R.
Ball Durhal Lahti Scott, B.
Barnett Ebli LeBlanc Scripps
Bauer Espinoza Leland Segal
Bennett Geiss Lemmons Sheltrown
Bledsoe Gonzales Lindberg Slavens
Booher Green Liss Slezak
Brown, L. Gregory Mayes Smith
Brown, T. Griffin McDowell Spade
Byrnes Haase Meadows Stamas
Byrum Hammel Melton Stanley
Clemente Hansen Miller Switalski
Constan Haugh Moore Tlaib
Corriveau Huckleberry Nerat Valentine
Cushingberry Jackson Neumann Walsh
Dean Johnson Polidori Warren
Denby Jones, Robert Roberts Womack
Dillon Kandrevas Rogers Young
Nays—34
Agema Haines Lund Pavlov
Amash Haveman Marleau Pearce
Bolger Hildenbrand McMillin Proos
Caul Horn Meekhof Rocca
Crawford Jones, Rick Meltzer Schmidt, W.
Daley Knollenberg Moss Schuitmaker
DeShazor Kowall Nathan Scott, P.
Elsenheimer Kurtz Opsommer Tyler
Genetski Lori
In The Chair: Jackson
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 provide for the procedure for allocation, reallocation, and waiver of federal bond limitations under certain bond programs; and to prescribe certain powers and duties of certain state agencies and public officers.
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Lisa Brown, Slavens, Tlaib, Ball, Terry Brown, Byrum, Constan, Crawford, Denby, Hansen, Robert Jones, Knollenberg, Kowall, Kurtz, LeBlanc, Liss, Lori, Marleau, Mayes, Moss, Pearce, Proos, Roberts, Rogers, Segal, Sheltrown, Smith, Spade, Tyler, Valentine and Warren offered the following resolution:
House Resolution No. 268.
A resolution to declare May 2010 as Osteoporosis Awareness Prevention Month in the state of Michigan.
Whereas, The National Osteoporosis Foundation’s (NOF) goal is to reduce the widespread prevalence of osteoporosis and associated fractures and to find a cure for the disease through programs of awareness, education, advocacy and research; and
Whereas, Osteoporosis is a disease in which bones become fragile and more likely to break. If not prevented or if left untreated, osteoporosis can progress painlessly until a bone breaks; and
Whereas, Osteoporosis is a major public health threat for an estimated 44 million Americans, or 55 percent of the people 50 years of age and older; and
Whereas, In the U.S. today, 10 million individuals are estimated to already have the disease and almost 34 million more are estimated to have low bone mass, placing them at increased risk for osteoporosis; and
Whereas, While osteoporosis is often thought of as an older person’s disease, it can strike at any age; and
Whereas, Together, the following five steps can optimize bone health and help prevent osteoporosis: Get the daily recommended amounts of calcium and vitamin D, engage in regular weight-bearing and muscle-strengthening exercise, avoid smoking and excessive alcohol, talk to your healthcare provider about bone health, have a bone density test and take medication when appropriate; and
Whereas, NOF works for increased awareness of osteoporosis and bone health among women and men of all ages and backgrounds and to address the vital need for increased education and for the awareness, prevention, diagnosis and treatment of osteoporosis; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 2010 as Osteoporosis Awareness Prevention Month in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. McMillin, Meltzer, Lund, Genetski, Pavlov, Agema, Ball, Terry Brown, Daley, Denby, DeShazor, Hansen, Haveman, Knollenberg, Kowall, Kurtz, Lori, Marleau, Meekhof, Moss, Pearce, Proos, Rogers, Schuitmaker, Slavens and Tyler offered the following resolution:
House Resolution No. 269.
A resolution to declare the week of May 2 through May 8, 2010, as Home Education Week in the state of Michigan.
Whereas, Homeschooling is the fastest-growing educational trend in the United States, growing by an estimated 15 percent per year with over 2 million children nationwide now in a homeschool program; and
Whereas, The state of Michigan has long recognized that parents and legal guardians have a natural and fundamental right to direct the care, education, and upbringing of their children; and
Whereas, Homeschooling provides young people with a strong foundation of values and academic skills needed to become responsible citizens of our state and nation; and
Whereas, Homeschooling parents understand they are to be the primary educators and know that parental supervision and involvement play a major role in the education of students; and
Whereas, Homeschooling parents know that teaching morals and values is essential to the complete education of the student since every member of society continually makes moral decisions; and
Whereas, Homeschooling parents are dedicated to producing academically-strong students who also commit themselves to service, with studies demonstrating that homeschool students have a stronger understanding and higher participation rate in the governmental system and elections, and a significantly higher percentage are involved in community organizations; and
Whereas, Numerous individuals of note are products of homeschooling, including George Washington, Thomas Edison, Helen Keller, Agatha Christie, and Franklin D. Roosevelt; and
Whereas, Homeschoolers come from a diverse number of socioeconomic backgrounds and are from a variety of races and creeds; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare the week of May 2 through May 8, 2010, as Home Education Week in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Proos, Agema, Ball, Crawford, Daley, Denby, DeShazor, Genetski, Hansen, Haveman, Knollenberg, Kowall, Kurtz, Lori, Lund, Marleau, McMillin, Meekhof, Moore, Moss, Pavlov, Pearce, Rogers, Wayne Schmidt, Schuitmaker, Spade, Stamas, Tyler and Walsh offered the following resolution:
House Resolution No. 270.
A resolution to urge the Michigan Attorney General to take the steps the Department of Attorney General considers necessary to increase the scrutiny of interlocal governmental agreements, and require that any interlocal agreement with the state of Michigan have biennual audits conducted by the Auditor General and reauthorization by the Governor.
Whereas, The state of Michigan and its various political subdivisions are facing fiscal challenges unseen since the time of the Great Depression. In response to this host of challenges, the way we conduct public policy and governmental operations needs to be reformed and restructured from top to bottom. As a key component of these reforms, governmental cooperation is increasingly becoming one of the primary strategies to maintain governmental services and to reduce costs. Intergovernmental cooperation allows local units of government to take on problems that cross jurisdictional boundaries, to undertake projects calling for increased economies of scale, and to allow for a wide range of flexibility over and beyond formal institutional arrangements. Intergovernmental cooperation also preserves the territorial and political integrity of the units involved; and
Whereas, If an interlocal cooperative agreement requires revenues of the state to carry out its mission, or the agreement involves the state, another state or political subdivision of that state, Canada or a political subdivision of Canada, the agreement must be submitted to the Governor for review. Considering the importance of these types of agreements, they should be subject to biennual review by the Auditor General and reauthorized by the Governor; and
Whereas, Moreover, at the local level, interlocal agreements may be as informal as a handshake. Moreover, there is no recording requirement or effective means of physically maintaining a record of interlocal agreements. In turn, there is no real oversight of these types of documents. In fact, with local term limits, retirements, and recalls it is not uncommon to find that local units do not even know themselves what agreements they have entered into; and
Whereas, As interlocal agreements become more prevalent, it is increasingly more important that the state be more proactive in monitoring and maintaining interlocal agreements. In the interim, it is critical that an official at the state level, and in this particular case, the state’s Attorney General, take steps deemed necessary to fill this void and, when practicable, provide oversight of interlocal agreements; now, therefore, be it
Resolved by the House of Representatives, That we hereby urge the Michigan Attorney General to take the steps the Department of Attorney General considers necessary to increase the scrutiny of interlocal governmental agreements, and require that any interlocal agreement with the state of Michigan have biennual audits conducted by the Auditor General and reauthorization by the Governor; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the Governor, the Attorney General, and the Office of the Auditor General.
The resolution was referred to the Committee on Judiciary.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, April 28:
Senate Bill Nos. 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, April 29, for her approval of the following bills:
Enrolled House Bill No. 4370 at 10:04 a.m.
Enrolled House Bill No. 4394 at 10:06 a.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, April 29:
House Bill Nos. 6079 6080 6081 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092
The Clerk announced that the following Senate bills had been received on Thursday, April 29:
Senate Bill Nos. 962 1206 1207 1208 1241
Reports of Standing Committees
The Committee on Education, by Rep. Melton, Chair, reported
House Bill No. 4580, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310b.
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. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Ball, Tyler and Walsh
Nays: Reps. Pavlov, Amash and McMillin
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Melton, Chair, of the Committee on Education, was received and read:
Meeting held on: Thursday, April 29, 2010
Present: Reps. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Amash, Ball, McMillin, Tyler and Walsh
Absent: Reps. Geiss, DeShazor, Pearce and Paul Scott
The Committee on Banking and Financial Services, by Rep. Scripps, Chair, reported
House Bill No. 6051, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 7A.
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. Scripps, Roy Schmidt, Clemente, Johnson, Mayes, Nathan and Marleau
Nays: None
The Committee on Banking and Financial Services, by Rep. Scripps, Chair, reported
House Bill No. 6052, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding sections 79c, 79d, and 79e.
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. Scripps, Roy Schmidt, Clemente, Johnson, Mayes, Nathan and Marleau
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Scripps, Chair, of the Committee on Banking and Financial Services, was received and read:
Meeting held on: Thursday, April 29, 2010
Present: Reps. Scripps, Roy Schmidt, Clemente, Johnson, Mayes, Nathan, Booher, Kowall and Marleau
Absent: Rep. Calley
Excused: Rep. Calley
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 4961, entitled
A bill to amend 1964 PA 286, entitled “An act to provide for the organization, powers, and duties of the state transportation commission and the state transportation department; to provide for the appointment, powers, and duties of the state transportation director; to abolish the office of state highway commissioner and the commissioner’s advisory board and to transfer their powers and duties; to provide for penalties and remedies; and to repeal certain acts and parts of acts,” by amending the title and sections 1, 6a, 7, 7a, and 10 (MCL 247.801, 247.806a, 247.807, 247.807a, and 247.810), the title as amended by 1984 PA 398 and section 7a as amended by 1981 PA 122, and by adding sections 7b, 7c, 7d, 7e, 7f, and 7g.
With the recommendation that the substitute (H-3) 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 and Roy Schmidt
Nays: Reps. Opsommer, Bolger, Knollenberg and Wayne Schmidt
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrnes, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Thursday, April 29, 2010
Present: Reps. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, DeShazor, Knollenberg, Pearce and Wayne Schmidt
Absent: Rep. Paul Scott
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, April 29, 2010
Present: Reps. Warren, Nerat, Bledsoe, Ebli, Kennedy, Roberts, Scripps, Meekhof, Daley, Haveman, Rick Jones and Pavlov
Absent: Reps. Leland, Meadows and Wayne Schmidt
Excused: Reps. Leland, Meadows and Wayne Schmidt
Explanation of “No” Votes
Rep. Opsommer, having reserved the right to explain his protest against the passage of House Bill No. 5198 and House Bill No. 5199, made the following statement:
“Mr. Speaker and members of the House:
It is both disappointing and frustrating that the bi-partisan substitute bills that I introduced today were not given serious consideration here on the floor. While the H-1 versions of the bills as passed will without doubt be used as public relations vehicles by the Diageo alcohol company, they do not address the root issues that my H-2 substitutes addressed. My substitutes would have increased fines, increased jail times, and made sure that license sanctions were applied fairly and equally by the SOS office in an equal manner to all offenders. We must craft legislation to represent sound public policy for the people that elected us, not as feel good soundbites. Michigan should be crafting laws not in a manner that best meets the purposes of a private company’s public relations scheme but in a manner that is best for the people of Michigan.”
Communications from State Officers
The following communication from the Department of Transportation was received and read:
April 29, 2010
Pursuant to Public Act 116 of 2009, section 384, enclosed is a report intended to fulfill the requirements of the following language:
(1) The department may continue with preliminary legal, financial, traffic and revenue study, permitting, engineering, and other ancillary work for the Detroit River International Crossing (DRIC) so that is can solicit from the private sector requests for proposals for public-private partnerships to construct the bridge, plaza, and related infrastructure. The department shall submit proposals to the legislature by May 1, 2010. Those activities associated with the DRIC project shall not bind the state in any way to construction.
(2) The department shall submit an investment grade traffic study to the legislature by May 1, 2010 from a reputable traffic company with appropriate experience intended to provide a detailed traffic projection for the ensuing 10 years, taking into account projected infrastructure modifications, expansions, and improvements announced.
(3) The department shall not expend more than $2,500,000.00 from state transportation revenue sources for activities enumerated in this section.
(4) It is the intent of the legislature to fully adopt or reject authorizing legislation by the full legislative bodies by June 1, 2010 to do all of the following:
(a) Construct a new international crossing jointing and in agreement with Canada.
(b) Create an authorized tolling authority.
(c) Create a public-private partnership.
The report includes a “Report to the Legislature of the State of Michigan responding to Public Act 116 of 2009, Section 384”, the investment grade traffic study, and twenty proposals of interest from the private sector for Public-Private Partnerships to construct the bridge, plaza, and related infrastructure.
The Michigan Department of Transportation takes great pride in the way we are conducting the DRIC project. We urge you to visit the project Web site, www.partnershipborderstudy.com, where a wealth of additional information regarding study data and activities has been available since 2005. All material attached to this memo will be made available on the project Web site if not already posted.
If you have any questions, please feel free to contact me at (517) 373-3946 or decookr@michigan.gov.
Sincerely,
Ronald K. DeCook, Director
Office of Governmental Affairs
The communication was referred to the Clerk.
Introduction of Bills
Reps. Nerat, Sheltrown, McDowell, Lindberg, Clemente, Lipton, Lahti, Lemmons, Griffin and Liss introduced
House Bill No. 6093, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2009 PA 241.
The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.
Reps. Lund, Meltzer, Stamas and Denby introduced
House Bill No. 6094, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2111, 3101, 3104, 3107, 3114, 3115, 3163, and 3172 (MCL 500.2111, 500.3101, 500.3104, 500.3107, 500.3114, 500.3115, 500.3163, and 500.3172), section 2111 as amended by 2002 PA 492, section 3101 as amended by 2008 PA 241, section 3104 as amended by 2002 PA 662, section 3107 as amended by 1991 PA 191, section 3114 as amended by 2002 PA 38, section 3163 as amended by 2002 PA 697, and section 3172 as amended by 1984 PA 426.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Lund, Meltzer, Stamas and Denby introduced
House Bill No. 6095, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3107 and 3157 (MCL 500.3107 and 500.3157), section 3107 as amended by 1991 PA 191.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Lund, Meltzer and Denby introduced
House Bill No. 6096, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3171, 3172, 3173a, 3174, 3175, 3320, and 3330 (MCL 500.3171, 500.3172, 500.3173a, 500.3174, 500.3175, 500.3320, and 500.3330), sections 3172 and 3175 as amended and section 3173a as added by 1984 PA 426 and section 3320 as amended by 1980 PA 461.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Haveman, Young, Denby, Meekhof, Neumann, Lund, Walsh, Moore, Sheltrown, Womack, Lemmons, Green and Constan introduced
House Bill No. 6097, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 7704 (MCL 500.7704), as amended by 2006 PA 671.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Donigan and Bauer introduced
House Bill No. 6098, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending sections 59 and 59a (MCL 125.1459 and 125.1459a), as added by 2008 PA 456.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Reps. Walsh, Byrum, Caul, Wayne Schmidt, Young, Mayes, Melton, Hildenbrand, Roy Schmidt, Leland, Durhal, Lemmons, Slezak, McDowell, Spade, Terry Brown, Gregory, LeBlanc, Johnson, Huckleberry, Haase, Kandrevas, Corriveau, Scripps, Robert Jones, Segal, Dean, Switalski, Haugh, Gonzales, Womack, Meadows, Griffin, Miller, Rocca, Byrnes, Neumann, Daley, Kennedy, Donigan, Stanley, Bledsoe, Liss, Ebli, Nerat, Sheltrown, Espinoza, Lahti, Constan, Slavens, Roberts, Warren, Polidori, Lindberg, Bauer, Stamas, Moore, Crawford, Horn, Pavlov, Green, Opsommer, Lund, Denby, Tyler, Bolger, Agema, Meekhof, Haines, Pearce, Haveman, Paul Scott, Booher, Rogers, Kowall, Ball, Hansen, Schuitmaker, Knollenberg, Proos, Valentine and Smith introduced
House Bill No. 6099, entitled
A bill to amend 1981 PA 118, entitled “An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts,” by amending sections 2, 3, 4, 5, 6, 11, 12, and 13 (MCL 445.1562, 445.1563, 445.1564, 445.1565, 445.1566, 445.1571, 445.1572, and 445.1573), sections 2, 3, 5, and 13 as amended by 1998 PA 456, section 4 as amended by 2000 PA 240, and sections 6, 11, and 12 as amended by 1983 PA 188.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Roy Schmidt, Gregory, Byrum, Kandrevas, Caul, Wayne Schmidt, Young, Mayes, Melton, Hildenbrand, Walsh, Leland, Durhal, Lemmons, Slezak, McDowell, Terry Brown, Spade, LeBlanc, Johnson, Huckleberry, Haase, Corriveau, Scripps, Robert Jones, Segal, Dean, Switalski, Haugh, Gonzales, Womack, Meadows, Griffin, Miller, Rocca, Byrnes, Neumann, Daley, Kennedy, Donigan, Stanley, Bledsoe, Liss, Ebli, Nerat, Sheltrown, Espinoza, Lahti, Constan, Slavens, Roberts, Warren, Polidori, Lindberg, Bauer, Stamas, Moore, Crawford, Horn, Pavlov, Green, Opsommer, Denby, Tyler, Bolger, Agema, Meekhof, Haines, Pearce, Haveman, Paul Scott, Lund, Booher, Rogers, Kowall, Ball, Hansen, Schuitmaker, Knollenberg, Proos, Valentine and Smith introduced
House Bill No. 6100, entitled
A bill to amend 1981 PA 118, entitled “An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts,” by amending sections 14, 15, 17, and 20 (MCL 445.1574, 445.1575, 445.1577, and 445.1580), section 14 as amended by 2000 PA 239 and section 17 as amended by 1983 PA 188, and by adding sections 14a and 14b.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. McMillin introduced
House Bill No. 6101, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 13 (MCL 15.243), as amended by 2006 PA 482.
The bill was read a first time by its title and referred to the Committee on Judiciary.
______
Associate Speaker Pro Tempore Jackson called Associate Speaker Pro Tempore Espinoza to the Chair.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Agema moved that the Committee on Judiciary be discharged from further consideration of House Bill No. 4572.
(For first notice see House Journal No. 39, p. 610.)
The question being on the motion made by Rep. Agema,
Rep. Agema demanded the yeas and nays.
The demand was not supported.
The question being on the motion made by Rep. Agema,
The motion did not prevail, a majority of the members serving not voting therefor.
Rep. Agema moved that the Committee on Judiciary be discharged from further consideration of House Bill No. 4573.
(For first notice see House Journal No. 39, p. 610.)
The question being on the motion made by Rep. Agema,
Rep. Agema demanded the yeas and nays.
The demand was not supported.
The question being on the motion made by Rep. Agema,
The motion did not prevail, a majority of the members serving not voting therefor.
Rep. Agema moved that the Committee on Judiciary be discharged from further consideration of House Bill No. 4574.
(For first notice see House Journal No. 39, p. 610.)
The question being on the motion made by Rep. Agema,
Rep. Agema demanded the yeas and nays.
The demand was not supported.
The question being on the motion made by Rep. Agema,
The motion did not prevail, a majority of the members serving not voting therefor.
Messages from the Senate
House Bill No. 5407, 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 Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 962, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 111 (MCL 208.1111), as amended by 2008 PA 433.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 1206, entitled
A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 2 (MCL 28.722), as amended by 2005 PA 301.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1207, entitled
A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 8 (MCL 28.728), as amended by 2004 PA 240.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1208, entitled
A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 5a (MCL 28.725a), as amended by 2005 PA 322.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1241, entitled
A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 5 (MCL 28.725), as amended by 2006 PA 402.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. Nathan moved that the House adjourn.
The motion prevailed, the time being 5:25 p.m.
Associate Speaker Pro Tempore Espinoza declared the House adjourned until Tuesday, May 4, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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