No. 60
State of Michigan
JOURNAL
OF THE
House of Representatives
94th Legislature
REGULAR SESSION OF 2008
House Chamber, Lansing, Wednesday, June 18, 2008.
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.
Accavitti—present Dillon—present Lahti—present Pearce—present
Acciavatti—present Donigan—present LaJoy—present Polidori—present
Agema—present Ebli—present Law, David—present Proos—present
Amos—present Elsenheimer—present Law, Kathleen—present Robertson—present
Angerer—present Emmons—present LeBlanc—present Rocca—present
Ball—present Espinoza—present Leland—present Sak—present
Bauer—present Farrah—present Lemmons—excused Schuitmaker—present
Bennett—present Gaffney—present Lindberg—present Scott—present
Bieda—present Garfield—present Marleau—present Shaffer—present
Booher—present Gillard—present Mayes—present Sheen—present
Brandenburg—present Gonzales—present McDowell—present Sheltrown—present
Brown—present Green—present Meadows—present Simpson—present
Byrnes—present Griffin—present Meekhof—present Smith, Alma—present
Byrum—present Hammel—present Meisner—present Smith, Virgil—present
Calley—present Hammon—present Melton—present Spade—present
Casperson—present Hansen—present Meltzer—present Stahl—present
Caswell—present Hildenbrand—present Miller—present Stakoe—present
Caul—present Hood—present Moolenaar—present Steil—present
Cheeks—present Hoogendyk—present Moore—present Tobocman—present
Clack—present Hopgood—present Moss—present Vagnozzi—present
Clemente—present Horn—present Nitz—present Valentine—present
Condino—present Huizenga—present Nofs—present Walker—present
Constan—present Hune—present Opsommer—present Ward—present
Corriveau—present Jackson—present Palmer—present Warren—present
Coulouris—present Johnson—present Palsrok—present Wenke—present
Cushingberry—present Jones, Rick—present Pastor—present Wojno—present
Dean—present Jones, Robert—present Pavlov—present Young—present
DeRoche—present Knollenberg—present
e/d/s = entered during session
Rep. Glenn Steil, Jr., from the 72nd District, offered the following invocation:
“Dear Lord, preserve our steadfast leadership during these times of decision and change. Guide us with Your grace and goodness. Help us to work together to set goals in accordance with Your purpose and fight for those ideals and freedoms we hold dear. Grant us clarity and courage to stay the course You have laid out for us, preserving the glory and welfare of our great state. Give us wisdom as we seek to do Your will. In Jesus’ name we pray. Amen.”
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Byrnes to the Chair.
Rep. Angerer moved that Rep. Lemmons be excused from today’s session.
The motion prevailed.
The Speaker Pro Tempore resumed the Chair.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 297.
A resolution to express support for the construction of a replacement rail tunnel between Detroit and Windsor.
(For text of resolution, see House Journal No. 22, p. 404.)
(The resolution was reported by the Committee on Transportation on March 6, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the resolution,
The resolution was adopted.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Byrnes to the Chair.
Second Reading of Bills
House Bill No. 4994, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3141 and 3145 (MCL 500.3141 and 500.3145).
(The bill was read a second time, amendment offered and bill postponed temporarily on May 27, see House Journal No. 51, p. 1183.)
Rep. Hoogendyk moved to amend the bill as follows:
1. Amend page 4, following line 10, by inserting:
“Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 1059 of the 94th Legislature is enacted into law.”.
The question being on the adoption of the amendment offered previously by Rep. Hoogendyk,
Rep. Angerer moved that consideration of the bill be postponed for the day.
The motion prevailed.
House Bill No. 5838, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3135 (MCL 500.3135), as amended by 2002 PA 697.
The bill was read a second time.
Rep. Hoogendyk moved to amend the bill as follows:
1. Amend page 4, following line 15, by inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1059 of the 94th 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. Palmer moved to amend the bill as follows:
1. Amend page 4, following line 15, by inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1049 of the 94th 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. Hoogendyk moved to amend the bill as follows:
1. Amend page 4, following line 15, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4660 of the 94th 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. Melton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5838, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3135 (MCL 500.3135), as amended by 2002 PA 697.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 533 Yeas—78
Accavitti Dillon Knollenberg Rocca
Angerer Donigan Lahti Sak
Bauer Ebli LaJoy Schuitmaker
Bennett Espinoza Law, Kathleen Scott
Bieda Farrah LeBlanc Sheltrown
Brown Gaffney Leland Simpson
Byrnes Gillard Lindberg Smith, Alma
Byrum Gonzales Marleau Smith, Virgil
Casperson Griffin Mayes Spade
Caswell Hammel McDowell Stakoe
Caul Hammon Meadows Tobocman
Cheeks Hansen Meisner Vagnozzi
Clack Hildenbrand Melton Valentine
Clemente Hood Miller Walker
Condino Hopgood Moore Ward
Constan Huizenga Moss Warren
Corriveau Hune Nofs Wenke
Coulouris Jackson Polidori Wojno
Cushingberry Johnson Robertson Young
Dean Jones, Robert
Nays—31
Acciavatti Elsenheimer Meekhof Pavlov
Agema Emmons Meltzer Pearce
Amos Garfield Moolenaar Proos
Ball Green Nitz Shaffer
Booher Hoogendyk Opsommer Sheen
Brandenburg Horn Palmer Stahl
Calley Jones, Rick Palsrok Steil
DeRoche Law, David Pastor
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker Pro Tempore resumed the Chair.
Second Reading of Bills
House Bill No. 4210, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 166.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Government Operations,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Miller moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4210, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 166.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 534 Yeas—105
Accavitti DeRoche Knollenberg Polidori
Acciavatti Dillon Lahti Proos
Agema Donigan LaJoy Robertson
Amos Ebli Law, David Rocca
Angerer Emmons Law, Kathleen Sak
Ball Espinoza LeBlanc Schuitmaker
Bauer Farrah Leland Scott
Bennett Gaffney Lindberg Shaffer
Bieda Gillard Marleau Sheen
Booher Gonzales Mayes Sheltrown
Brandenburg Green McDowell Simpson
Brown Griffin Meadows Smith, Alma
Byrnes Hammel Meekhof Smith, Virgil
Byrum Hammon Meisner Spade
Calley Hansen Melton Stahl
Casperson Hildenbrand Meltzer Stakoe
Caswell Hood Miller Steil
Caul Hoogendyk Moolenaar Tobocman
Cheeks Hopgood Moore Vagnozzi
Clack Horn Moss Valentine
Clemente Huizenga Nitz Walker
Condino Hune Nofs Ward
Constan Jackson Opsommer Warren
Corriveau Johnson Palsrok Wenke
Coulouris Jones, Rick Pavlov Wojno
Cushingberry Jones, Robert Pearce Young
Dean
Nays—4
Elsenheimer Garfield Palmer Pastor
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Elsenheimer, 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:
This is a fine concept, but it is estimated that it will cost up to $350,000 per year to implement. Where does the majority intend to come up with the resources for this proposal? At a time that we are raising taxes, and yet face a $400 million dollar budget shortfall for 2009, how can we be talking about adding a $350,000 expense to state government?”
Second Reading of Bills
House Bill No. 4211, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 229.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Government Operations,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Hoogendyk moved to amend the bill as follows:
1. Amend page 2, following line 11, by inserting:
“(4) A CONTRACT FOR RECYCLING SERVICES UNDER THIS SECTION SHALL BE COMPETITIVELY BID. THE DEPARTMENT SHALL REQUIRE THE VENDOR TO PROVIDE ANY NECESSARY RECYCLING CONTAINERS IF IT IS IN THE BEST ECONOMIC INTEREST OF THE STATE.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Miller moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4211, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 229.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 535 Yeas—94
Accavitti Dean Knollenberg Polidori
Acciavatti Dillon Lahti Proos
Amos Donigan LaJoy Robertson
Angerer Ebli Law, David Rocca
Ball Emmons Law, Kathleen Sak
Bauer Espinoza LeBlanc Schuitmaker
Bennett Farrah Leland Scott
Bieda Gaffney Lindberg Shaffer
Booher Gillard Marleau Sheltrown
Brown Gonzales Mayes Simpson
Byrnes Green McDowell Smith, Alma
Byrum Griffin Meadows Smith, Virgil
Calley Hammel Meisner Spade
Casperson Hammon Melton Stahl
Caswell Hansen Miller Stakoe
Caul Hood Moore Tobocman
Cheeks Hoogendyk Moss Vagnozzi
Clack Hopgood Nitz Valentine
Clemente Horn Nofs Ward
Condino Hune Opsommer Warren
Constan Jackson Palsrok Wenke
Corriveau Johnson Pavlov Wojno
Coulouris Jones, Rick Pearce Young
Cushingberry Jones, Robert
Nays—15
Agema Garfield Meltzer Sheen
Brandenburg Hildenbrand Moolenaar Steil
DeRoche Huizenga Palmer Walker
Elsenheimer Meekhof Pastor
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Elsenheimer, 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:
This is a fine concept, but it is estimated that it will cost up to $350,000 per year to implement. Where does the majority intend to come up with the resources for this proposal? At a time that we are raising taxes, and yet face a $400 million dollar budget shortfall for 2009, how can we be talking about adding a $350,000 expense to state government?”
Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I don’t support mandates which drive up the cost of the private sector, I don’t support mandates which drive up the cost of government, which the tax payer is paying for.”
Second Reading of Bills
House Bill No. 4480, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 264 (MCL 18.1264), as added by 1988 PA 504.
The bill was read a second time.
Rep. Acciavatti moved to amend the bill as follows:
1. Amend page 3, following line 22, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5627 of the 94th 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. Miller moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4480, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 264 (MCL 18.1264), as added by 1988 PA 504.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 536 Yeas—67
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Rocca
Bauer Dillon Lahti Sak
Bennett Donigan Law, David Scott
Bieda Ebli Law, Kathleen Sheltrown
Brown Espinoza LeBlanc Simpson
Byrnes Farrah Leland Smith, Alma
Byrum Gaffney Lindberg Smith, Virgil
Casperson Gillard Mayes Spade
Caul Gonzales McDowell Tobocman
Cheeks Griffin Meadows Vagnozzi
Clack Hammel Meisner Valentine
Clemente Hammon Melton Warren
Condino Hood Meltzer Wenke
Constan Hopgood Miller Wojno
Corriveau Horn Moore Young
Coulouris Jackson Nofs
Nays—42
Acciavatti Garfield Meekhof Proos
Agema Green Moolenaar Robertson
Amos Hansen Moss Schuitmaker
Ball Hildenbrand Nitz Shaffer
Booher Hoogendyk Opsommer Sheen
Brandenburg Huizenga Palmer Stahl
Calley Hune Palsrok Stakoe
Caswell Jones, Rick Pastor Steil
DeRoche Knollenberg Pavlov Walker
Elsenheimer LaJoy Pearce Ward
Emmons Marleau
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Caswell, 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 Governor has already put the contents into effect with an executive order. This bill is unneeded.”
Rep. Sheen, 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:
This allows any state agency to basically not contract with any vendor based on their perception of what is or is not ethical. I do not believe any Michigan State Department should be in a position of to make such a subjective judgment. I consider the private sector and the people to have far better ethical judgment than any governmental bureaucracy. When government begins to tell companies how they can operate and who they can do business with before they can have a contract with the state, the free market no longer exists and the tax payer loses again.”
Second Reading of Bills
House Bill No. 5270, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2506 (MCL 339.2506), as amended by 1988 PA 463.
The bill was read a second time.
Rep. Griffin moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5270, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2506 (MCL 339.2506), as amended by 1988 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. 537 Yeas—109
Accavitti Dillon Knollenberg Pearce
Acciavatti Donigan Lahti Polidori
Agema Ebli LaJoy Proos
Amos Elsenheimer Law, David Robertson
Angerer Emmons Law, Kathleen Rocca
Ball Espinoza LeBlanc Sak
Bauer Farrah Leland Schuitmaker
Bennett Gaffney Lindberg Scott
Bieda Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Griffin Meekhof Smith, Alma
Byrum Hammel Meisner Smith, Virgil
Calley Hammon Melton Spade
Casperson Hansen Meltzer Stahl
Caswell Hildenbrand Miller Stakoe
Caul Hood Moolenaar Steil
Cheeks Hoogendyk Moore Tobocman
Clack Hopgood Moss Vagnozzi
Clemente Horn Nitz Valentine
Condino Huizenga Nofs Walker
Constan Hune Opsommer Ward
Corriveau Jackson Palmer Warren
Coulouris Johnson Palsrok Wenke
Cushingberry Jones, Rick Pastor Wojno
Dean Jones, Robert Pavlov Young
DeRoche
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5294, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending the title and sections 1 and 2 (MCL 445.1631 and 445.1632).
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Amos moved to amend the bill as follows:
1. Amend page 2, line 13, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) House Bill No. 4264.
(b) House Bill No. 4409.
(c) House Bill No. 4410.
(d) House Bill No. 4411.
(e) House Bill No. 5295.
(f) House Bill No. 5296.
(g) House Bill No. 5297.
(h) House Bill No. 5299.
(i) House Bill No. 5300.
(j) House Bill No. 5301.
(k) House Bill No. 5302.
(l) House Bill No. 5303.
(m) House Bill No. 5641.
(n) House Bill No. 5642.
(o) House Bill No. 5643.
(p) House Bill No. 5644.
(q) House Bill No. 5645.
(r) House Bill No. 5646.
(s) House Bill No. 5647.
(t) House Bill No. 6128.
(u) House Bill No. 6129.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Green moved to amend the bill as follows:
1. Amend page 8, line 16, after “EXCEED” by striking out “5%” and inserting “6.5%”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Simpson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5294, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending the title and sections 1 and 2 (MCL 445.1631 and 445.1632).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 538 Yeas—80
Accavitti Cushingberry Jones, Rick Rocca
Angerer Dean Jones, Robert Sak
Ball Dillon Lahti Schuitmaker
Bauer Donigan LaJoy Scott
Bennett Ebli Law, David Shaffer
Bieda Emmons Law, Kathleen Sheltrown
Brown Espinoza LeBlanc Simpson
Byrnes Farrah Leland Smith, Alma
Byrum Gaffney Lindberg Smith, Virgil
Calley Gillard Marleau Spade
Casperson Gonzales Mayes Stahl
Caswell Griffin McDowell Stakoe
Caul Hammel Meadows Tobocman
Cheeks Hammon Meisner Vagnozzi
Clack Hansen Melton Valentine
Clemente Hood Meltzer Ward
Condino Hopgood Miller Warren
Constan Horn Moore Wenke
Corriveau Jackson Nofs Wojno
Coulouris Johnson Polidori Young
Nays—29
Acciavatti Green Moolenaar Pavlov
Agema Hildenbrand Moss Pearce
Amos Hoogendyk Nitz Proos
Booher Huizenga Opsommer Robertson
Brandenburg Hune Palmer Sheen
DeRoche Knollenberg Palsrok Steil
Elsenheimer Meekhof Pastor Walker
Garfield
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Robertson, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I must vote NO on HB 5295 and the associated bills in this package HB 5294, HB 5296, HB 5299, HB 5307 and HB 5308. While I support effort to improve the lending climate in Michigan and protect consumers from unscrupulous brokers and lenders, this bill is flawed. This legislation places unworkable regulation on the fees charged by brokers and lenders, It also contains language which is so subjective that it would require omniscience on the part of brokers in determining a borrowers ability to pay. It would subject brokers to legal liability which would make it all but impossible for honest law-abiding brokers to offer loans to homebuyers. Like so much legislation which emanates from the other side of the aisle, this legislation will hurt the very people it is intended to help. Loans for people with less than perfect credit will be even more difficult to obtain and place the dream of home ownership further out of reach. Borrowers with excellent credit, income and employment seeking conforming loans would be hurt by this legislation. The measures we have taken to provide for loan officer licensure, provide greater penalties for assessment fraud and coercion of fraud, coupled with greater resources in the Office of Financial and Insurance Regulation (OFIR) will go a very long way to addressing the current mortgage lending/crisis. These bills miss the target.”
Second Reading of Bills
House Bill No. 5295, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 3 and 4 (MCL 445.1633 and 445.1634).
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Caswell moved to amend the bill as follows:
1. Amend page 8, line 7, after “do” by striking out “either” and inserting “ANY”.
2. Amend page 8, following line 11, by inserting:
“(C) CHARGE AN APPLICATION FEE.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 8, following line 5, by inserting:
“(13) IT IS AN AFFIRMATIVE DEFENSE TO AN ACTION UNDER THIS ACT BY A BORROWER AGAINST A CREDITOR THAT THE BORROWER MADE 1 OR MORE DELIBERATE MATERIAL MISSTATEMENTS, MISREPRESENTATIONS, OR OMISSIONS IN A HOME LOAN APPLICATION OR OTHER LOAN DOCUMENT.”.
The question being on the adoption of the amendment offered by Rep. Schuitmaker,
Rep. Angerer moved that consideration of the amendment be postponed temporarily.
The motion prevailed.
Rep. Pavlov moved to amend the bill as follows:
1. Amend page 2, line 13, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) House Bill No. 4264.
(b) House Bill No. 4409.
(c) House Bill No. 4410.
(d) House Bill No. 4411.
(e) House Bill No. 5294.
(f) House Bill No. 5296.
(g) House Bill No. 5297.
(h) House Bill No. 5299.
(i) House Bill No. 5300.
(j) House Bill No. 5301.
(k) House Bill No. 5302.
(l) House Bill No. 5303.
(m) House Bill No. 5641.
(n) House Bill No. 5642.
(o) House Bill No. 5643.
(p) House Bill No. 5644.
(q) House Bill No. 5645.
(r) House Bill No. 5646.
(s) House Bill No. 5647.
(t) House Bill No. 6128.
(u) House Bill No. 6129.”.
The question being on the adoption of the amendment offered by Rep. Pavlov,
Rep. Angerer moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 5296, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending section 5 (MCL 445.1635) and by adding section 4a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Moore moved to amend the bill as follows:
1. Amend page 2, line 13, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) House Bill No. 4264.
(b) House Bill No. 4409.
(c) House Bill No. 4410.
(d) House Bill No. 4411.
(e) House Bill No. 5294.
(f) House Bill No. 5295.
(g) House Bill No. 5297.
(h) House Bill No. 5299.
(i) House Bill No. 5300.
(j) House Bill No. 5301.
(k) House Bill No. 5302.
(l) House Bill No. 5303.
(m) House Bill No. 5641.
(n) House Bill No. 5642.
(o) House Bill No. 5643.
(p) House Bill No. 5644.
(q) House Bill No. 5645.
(r) House Bill No. 5646.
(s) House Bill No. 5647.
(t) House Bill No. 6128.
(u) House Bill No. 6129.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Melton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5296, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending section 5 (MCL 445.1635) and by adding section 4a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 539 Yeas—81
Accavitti Dean Jones, Robert Polidori
Angerer Dillon Lahti Rocca
Ball Donigan LaJoy Sak
Bauer Ebli Law, David Schuitmaker
Bennett Emmons Law, Kathleen Scott
Bieda Espinoza LeBlanc Shaffer
Brown Farrah Leland Sheltrown
Byrnes Gaffney Lindberg Simpson
Byrum Gillard Marleau Smith, Alma
Calley Gonzales Mayes Smith, Virgil
Casperson Griffin McDowell Spade
Caswell Hammel Meadows Stakoe
Caul Hammon Meisner Tobocman
Cheeks Hansen Melton Vagnozzi
Clack Hood Meltzer Valentine
Clemente Hopgood Miller Ward
Condino Horn Moore Warren
Constan Jackson Nofs Wenke
Corriveau Johnson Opsommer Wojno
Coulouris Jones, Rick Pearce Young
Cushingberry
Nays—28
Acciavatti Garfield Meekhof Pavlov
Agema Green Moolenaar Proos
Amos Hildenbrand Moss Robertson
Booher Hoogendyk Nitz Sheen
Brandenburg Huizenga Palmer Stahl
DeRoche Hune Palsrok Steil
Elsenheimer Knollenberg Pastor Walker
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending section 5 (MCL 445.1635).
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Robertson, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I must vote NO on HB 5295 and the associated bills in this package HB 5294, HB 5296, HB 5299, HB 5307 and HB 5308. While I support effort to improve the lending climate in Michigan and protect consumers from unscrupulous brokers and lenders, this bill is flawed. This legislation places unworkable regulation on the fees charged by brokers and lenders, It also contains language which is so subjective that it would require omniscience on the part of brokers in determining a borrowers ability to pay. It would subject brokers to legal liability which would make it all but impossible for honest law-abiding brokers to offer loans to homebuyers. Like so much legislation which emanates from the other side of the aisle, this legislation will hurt the very people it is intended to help. Loans for people with less than perfect credit will be even more difficult to obtain and place the dream of home ownership further out of reach. Borrowers with excellent credit, income and employment seeking conforming loans would be hurt by this legislation. The measures we have taken to provide for loan officer licensure, provide greater penalties for assessment fraud and coercion of fraud, coupled with greater resources in the Office of Financial and Insurance Regulation (OFIR) will go a very long way to addressing the current mortgage lending/crisis. These bills miss the target.”
Second Reading of Bills
The House returned to the consideration of
House Bill No. 5295, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 3 and 4 (MCL 445.1633 and 445.1634).
(The bill was considered earlier today, see today’s Journal, p. 1421.)
The question being on the adoption of the amendment offered previously by Rep. Pavlov,
The amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Green moved to amend the bill as follows:
1. Amend page 5, line 14, by striking out all of subdivision (A) and relettering the remaining subdivisions.
2. Amend page 5, line 25, by striking out “REASONABLY ADVANTAGEOUS”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 8, following line 5, by inserting:
“(13) IT IS AN AFFIRMATIVE DEFENSE TO AN ACTION UNDER THIS ACT BY A BORROWER AGAINST A CREDITOR IF THE CREDITOR RELIED UPON 1 OR MORE DELIBERATE MATERIAL MISSTATEMENTS, MISREPRESENTATIONS, OR OMISSIONS MADE BY THE BORROWER IN A HOME LOAN APPLICATION OR OTHER LOAN DOCUMENT.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the amendment offered previously by Rep. Schuitmaker,
Rep. Schuitmaker withdrew the amendment.
Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5295, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 3 and 4 (MCL 445.1633 and 445.1634).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 540 Yeas—81
Accavitti Dean Lahti Polidori
Angerer Dillon LaJoy Rocca
Ball Donigan Law, David Sak
Bauer Ebli Law, Kathleen Schuitmaker
Bennett Emmons LeBlanc Scott
Bieda Espinoza Leland Shaffer
Brown Farrah Lindberg Sheltrown
Byrnes Gaffney Marleau Simpson
Byrum Gillard Mayes Smith, Alma
Calley Gonzales McDowell Smith, Virgil
Casperson Griffin Meadows Spade
Caswell Hammel Meisner Stakoe
Caul Hammon Melton Tobocman
Cheeks Hansen Meltzer Vagnozzi
Clack Hood Miller Valentine
Clemente Hopgood Moore Ward
Condino Horn Nitz Warren
Constan Jackson Nofs Wenke
Corriveau Johnson Opsommer Wojno
Coulouris Jones, Robert Pearce Young
Cushingberry
Nays—28
Acciavatti Garfield Knollenberg Pavlov
Agema Green Meekhof Proos
Amos Hildenbrand Moolenaar Robertson
Booher Hoogendyk Moss Sheen
Brandenburg Huizenga Palmer Stahl
DeRoche Hune Palsrok Steil
Elsenheimer Jones, Rick Pastor Walker
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Robertson, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I must vote NO on HB 5295 and the associated bills in this package HB 5294, HB 5296, HB 5299, HB 5307 and HB 5308. While I support effort to improve the lending climate in Michigan and protect consumers from unscrupulous brokers and lenders, this bill is flawed. This legislation places unworkable regulation on the fees charged by brokers and lenders, It also contains language which is so subjective that it would require omniscience on the part of brokers in determining a borrowers ability to pay. It would subject brokers to legal liability which would make it all but impossible for honest law-abiding brokers to offer loans to homebuyers. Like so much legislation which emanates from the other side of the aisle, this legislation will hurt the very people it is intended to help. Loans for people with less than perfect credit will be even more difficult to obtain and place the dream of home ownership further out of reach. Borrowers with excellent credit, income and employment seeking conforming loans would be hurt by this legislation. The measures we have taken to provide for loan officer licensure, provide greater penalties for assessment fraud and coercion of fraud, coupled with greater resources in the Office of Financial and Insurance Regulation (OFIR) will go a very long way to addressing the current mortgage lending/crisis. These bills miss the target.”
Second Reading of Bills
House Bill No. 5297, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 6 and 7 (MCL 445.1636 and 445.1637).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. LaJoy moved to amend the bill as follows:
1. Amend page 2, line 13, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) House Bill No. 4264.
(b) House Bill No. 4409.
(c) House Bill No. 4410.
(d) House Bill No. 4411.
(e) House Bill No. 5294.
(f) House Bill No. 5295.
(g) House Bill No. 5296.
(h) House Bill No. 5299.
(i) House Bill No. 5300.
(j) House Bill No. 5301.
(k) House Bill No. 5302.
(l) House Bill No. 5303.
(m) House Bill No. 5641.
(n) House Bill No. 5642.
(o) House Bill No. 5643.
(p) House Bill No. 5644.
(q) House Bill No. 5645.
(r) House Bill No. 5646.
(s) House Bill No. 5647.
(t) House Bill No. 6128.
(u) House Bill No. 6129.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Hood moved that Rep. Jackson 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. 5297, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 6 and 7 (MCL 445.1636 and 445.1637).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 541 Yeas—106
Accavitti DeRoche Lahti Pearce
Acciavatti Dillon LaJoy Polidori
Agema Donigan Law, David Proos
Amos Ebli Law, Kathleen Robertson
Angerer Elsenheimer LeBlanc Rocca
Ball Emmons Leland Sak
Bauer Espinoza Lindberg Schuitmaker
Bennett Farrah Marleau Scott
Bieda Gaffney Mayes Shaffer
Booher Garfield McDowell Sheltrown
Brandenburg Gillard Meadows Simpson
Brown Gonzales Meekhof Smith, Alma
Byrnes Green Meisner Smith, Virgil
Byrum Griffin Melton Spade
Calley Hammel Meltzer Stahl
Casperson Hammon Miller Stakoe
Caswell Hansen Moolenaar Steil
Caul Hildenbrand Moore Tobocman
Cheeks Hood Moss Vagnozzi
Clack Hoogendyk Nitz Valentine
Clemente Hopgood Nofs Walker
Condino Horn Opsommer Ward
Constan Huizenga Palmer Warren
Corriveau Johnson Palsrok Wenke
Coulouris Jones, Rick Pastor Wojno
Cushingberry Jones, Robert Pavlov Young
Dean Knollenberg
Nays—2
Hune Sheen
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5299, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” (MCL 445.1631 to 445.1645) by adding sections 7c and 7d.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Garfield moved to amend the bill as follows:
1. Amend page 4, line 1, by striking out all of subdivision (D) and inserting:
“(D) COSTS.
(E) REASONABLE ATTORNEY FEES, IN AN AMOUNT THAT DOES NOT EXCEED 10% OF THE TOTAL AMOUNT OF DAMAGES RECOVERED UNDER THIS SUBSECTION.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Agema moved to amend the bill as follows:
1. Amend page 3, line 15, after “(1)” by striking out “IN” and inserting “SUBJECT TO SUBSECTIONS (8) AND (9), IN”.
2. Amend page 5, following line 24, by inserting:
“(9) A BORROWER WHO IS ILLEGALLY RESIDING IN THE UNITED STATES MAY NOT ASSERT A CLAIM UNDER THIS ACT.”.
The question being on the adoption of the amendments offered by Rep. Agema,
Rep. Agema demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Agema,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 542 Yeas—79
Acciavatti Elsenheimer LeBlanc Polidori
Agema Emmons Marleau Proos
Amos Gaffney Mayes Robertson
Angerer Garfield McDowell Rocca
Ball Green Meekhof Sak
Bieda Griffin Meisner Schuitmaker
Booher Hammel Melton Shaffer
Brandenburg Hammon Meltzer Sheen
Brown Hansen Miller Sheltrown
Byrum Hildenbrand Moolenaar Simpson
Calley Hoogendyk Moore Spade
Casperson Horn Moss Stahl
Caswell Huizenga Nitz Stakoe
Caul Hune Nofs Steil
Clemente Jones, Rick Opsommer Valentine
Corriveau Knollenberg Palmer Walker
Dean Lahti Palsrok Ward
DeRoche LaJoy Pastor Wenke
Dillon Law, David Pavlov Wojno
Ebli Law, Kathleen Pearce
Nays—30
Accavitti Coulouris Hopgood Scott
Bauer Cushingberry Jackson Smith, Alma
Bennett Donigan Johnson Smith, Virgil
Byrnes Espinoza Jones, Robert Tobocman
Cheeks Farrah Leland Vagnozzi
Clack Gillard Lindberg Warren
Condino Gonzales Meadows Young
Constan Hood
In The Chair: Sak
Rep. Meltzer moved to amend the bill as follows:
1. Amend page 2, line 13, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) House Bill No. 4264.
(b) House Bill No. 4409.
(c) House Bill No. 4410.
(d) House Bill No. 4411.
(e) House Bill No. 5294.
(f) House Bill No. 5295.
(g) House Bill No. 5296.
(h) House Bill No. 5297.
(i) House Bill No. 5300.
(j) House Bill No. 5301.
(k) House Bill No. 5302.
(l) House Bill No. 5303.
(m) House Bill No. 5641.
(n) House Bill No. 5642.
(o) House Bill No. 5643.
(p) House Bill No. 5644.
(q) House Bill No. 5645.
(r) House Bill No. 5646.
(s) House Bill No. 5647.
(t) House Bill No. 6128.
(u) House Bill No. 6129.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Clack moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5299, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” (MCL 445.1631 to 445.1645) by adding sections 7c and 7d.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 543 Yeas—72
Accavitti Cushingberry Jones, Robert Rocca
Angerer Dean Lahti Sak
Ball Dillon LaJoy Scott
Bauer Donigan Law, David Shaffer
Bennett Ebli Law, Kathleen Sheltrown
Bieda Espinoza LeBlanc Simpson
Brown Farrah Leland Smith, Alma
Byrnes Gaffney Lindberg Smith, Virgil
Byrum Gillard Marleau Spade
Calley Gonzales Mayes Stakoe
Caul Griffin McDowell Tobocman
Cheeks Hammel Meadows Vagnozzi
Clack Hammon Meisner Valentine
Clemente Hood Melton Ward
Condino Hopgood Meltzer Warren
Constan Horn Miller Wenke
Corriveau Jackson Moore Wojno
Coulouris Johnson Polidori Young
Nays—37
Acciavatti Garfield Meekhof Pavlov
Agema Green Moolenaar Pearce
Amos Hansen Moss Proos
Booher Hildenbrand Nitz Robertson
Brandenburg Hoogendyk Nofs Schuitmaker
Casperson Huizenga Opsommer Sheen
Caswell Hune Palmer Stahl
DeRoche Jones, Rick Palsrok Steil
Elsenheimer Knollenberg Pastor Walker
Emmons
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Robertson, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I must vote NO on HB 5295 and the associated bills in this package HB 5294, HB 5296, HB 5299, HB 5307 and HB 5308. While I support effort to improve the lending climate in Michigan and protect consumers from unscrupulous brokers and lenders, this bill is flawed. This legislation places unworkable regulation on the fees charged by brokers and lenders, It also contains language which is so subjective that it would require omniscience on the part of brokers in determining a borrowers ability to pay. It would subject brokers to legal liability which would make it all but impossible for honest law-abiding brokers to offer loans to homebuyers. Like so much legislation which emanates from the other side of the aisle, this legislation will hurt the very people it is intended to help. Loans for people with less than perfect credit will be even more difficult to obtain and place the dream of home ownership further out of reach. Borrowers with excellent credit, income and employment seeking conforming loans would be hurt by this legislation. The measures we have taken to provide for loan officer licensure, provide greater penalties for assessment fraud and coercion of fraud, coupled with greater resources in the Office of Financial and Insurance Regulation (OFIR) will go a very long way to addressing the current mortgage lending/crisis. These bills miss the target.”
Second Reading of Bills
House Bill No. 5300, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 8 and 9 (MCL 445.1638 and 445.1639).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Rick Jones moved to amend the bill as follows:
1. Amend page 2, line 13, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) House Bill No. 4264.
(b) House Bill No. 4409.
(c) House Bill No. 4410.
(d) House Bill No. 4411.
(e) House Bill No. 5294.
(f) House Bill No. 5295.
(g) House Bill No. 5296.
(h) House Bill No. 5297.
(i) House Bill No. 5299.
(j) House Bill No. 5301.
(k) House Bill No. 5302.
(l) House Bill No. 5303.
(m) House Bill No. 5641.
(n) House Bill No. 5642.
(o) House Bill No. 5643.
(p) House Bill No. 5644.
(q) House Bill No. 5645.
(r) House Bill No. 5646.
(s) House Bill No. 5647.
(t) House Bill No. 6128.
(u) House Bill No. 6129.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Corriveau moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5300, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 8 and 9 (MCL 445.1638 and 445.1639).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 544 Yeas—99
Accavitti Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Emmons LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lindberg Schuitmaker
Bieda Gaffney Marleau Scott
Brown Gillard Mayes Shaffer
Byrnes Gonzales McDowell Sheltrown
Byrum Green Meadows Simpson
Calley Griffin Meekhof Smith, Alma
Casperson Hammel Meisner Smith, Virgil
Caswell Hammon Melton Spade
Caul Hansen Meltzer Stakoe
Cheeks Hildenbrand Miller Steil
Clack Hood Moolenaar Tobocman
Clemente Hopgood Moore Vagnozzi
Condino Horn Moss Valentine
Constan Huizenga Nitz Walker
Corriveau Jackson Nofs Ward
Coulouris Johnson Opsommer Warren
Cushingberry Jones, Rick Palmer Wenke
Dean Jones, Robert Palsrok Wojno
DeRoche Knollenberg Pavlov Young
Dillon Lahti Pearce
Nays—10
Acciavatti Brandenburg Hune Sheen
Agema Garfield Pastor Stahl
Booher Hoogendyk
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5301, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 10 and 11 (MCL 445.1640 and 445.1641).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Pavlov moved to amend the bill as follows:
1. Amend page 3, line 6, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) House Bill No. 4264.
(b) House Bill No. 4409.
(c) House Bill No. 4410.
(d) House Bill No. 4411.
(e) House Bill No. 5294.
(f) House Bill No. 5295.
(g) House Bill No. 5296.
(h) House Bill No. 5297.
(i) House Bill No. 5299.
(j) House Bill No. 5300.
(k) House Bill No. 5302.
(l) House Bill No. 5303.
(m) House Bill No. 5641.
(n) House Bill No. 5642.
(o) House Bill No. 5643.
(p) House Bill No. 5644.
(q) House Bill No. 5645.
(r) House Bill No. 5646.
(s) House Bill No. 5647.
(t) House Bill No. 6128.
(u) House Bill No. 6129.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Gaffney moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5301, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 10 and 11 (MCL 445.1640 and 445.1641).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 545 Yeas—101
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Emmons LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lindberg Schuitmaker
Bieda Gaffney Marleau Scott
Booher Gillard Mayes Shaffer
Brown Gonzales McDowell Sheltrown
Byrnes Green Meadows Simpson
Byrum Griffin Meekhof Smith, Alma
Calley Hammel Meisner Smith, Virgil
Casperson Hammon Melton Spade
Caswell Hansen Meltzer Stakoe
Caul Hildenbrand Miller Steil
Cheeks Hood Moolenaar Tobocman
Clack Hopgood Moore Vagnozzi
Clemente Horn Moss Valentine
Condino Huizenga Nitz Walker
Constan Hune Nofs Ward
Corriveau Jackson Opsommer Warren
Coulouris Johnson Palmer Wenke
Cushingberry Jones, Rick Palsrok Wojno
Dean Jones, Robert Pavlov Young
DeRoche
Nays—8
Agema Garfield Knollenberg Sheen
Brandenburg Hoogendyk Pastor Stahl
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5302, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 12 and 13 (MCL 445.1642 and 445.1643).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Amos moved to amend the bill as follows:
1. Amend page 2, line 11, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) House Bill No. 4264.
(b) House Bill No. 4409.
(c) House Bill No. 4410.
(d) House Bill No. 4411.
(e) House Bill No. 5294.
(f) House Bill No. 5295.
(g) House Bill No. 5296.
(h) House Bill No. 5297.
(i) House Bill No. 5299.
(j) House Bill No. 5300.
(k) House Bill No. 5301.
(l) House Bill No. 5303.
(m) House Bill No. 5641.
(n) House Bill No. 5642.
(o) House Bill No. 5643.
(p) House Bill No. 5644.
(q) House Bill No. 5645.
(r) House Bill No. 5646.
(s) House Bill No. 5647.
(t) House Bill No. 6128.
(u) House Bill No. 6129.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Ebli moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5302, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 12 and 13 (MCL 445.1642 and 445.1643).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 546 Yeas—109
Accavitti Dillon Knollenberg Pearce
Acciavatti Donigan Lahti Polidori
Agema Ebli LaJoy Proos
Amos Elsenheimer Law, David Robertson
Angerer Emmons Law, Kathleen Rocca
Ball Espinoza LeBlanc Sak
Bauer Farrah Leland Schuitmaker
Bennett Gaffney Lindberg Scott
Bieda Garfield Marleau Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Griffin Meekhof Smith, Alma
Byrum Hammel Meisner Smith, Virgil
Calley Hammon Melton Spade
Casperson Hansen Meltzer Stahl
Caswell Hildenbrand Miller Stakoe
Caul Hood Moolenaar Steil
Cheeks Hoogendyk Moore Tobocman
Clack Hopgood Moss Vagnozzi
Clemente Horn Nitz Valentine
Condino Huizenga Nofs Walker
Constan Hune Opsommer Ward
Corriveau Jackson Palmer Warren
Coulouris Johnson Palsrok Wenke
Cushingberry Jones, Rick Pastor Wojno
Dean Jones, Robert Pavlov Young
DeRoche
Nays—0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5303, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 14 and 15 (MCL 445.1644 and 445.1645).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Pavlov moved to amend the bill as follows:
1. Amend page 3, line 22, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) House Bill No. 4264.
(b) House Bill No. 4409.
(c) House Bill No. 4410.
(d) House Bill No. 4411.
(e) House Bill No. 5294.
(f) House Bill No. 5295.
(g) House Bill No. 5296.
(h) House Bill No. 5297.
(i) House Bill No. 5299.
(j) House Bill No. 5300.
(k) House Bill No. 5301.
(l) House Bill No. 5302.
(m) House Bill No. 5641.
(n) House Bill No. 5642.
(o) House Bill No. 5643.
(p) House Bill No. 5644.
(q) House Bill No. 5645.
(r) House Bill No. 5646.
(s) House Bill No. 5647.
(t) House Bill No. 6128.
(u) House Bill No. 6129.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Calley moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Angerer moved that Rep. Cushingberry 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. 5303, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 14 and 15 (MCL 445.1644 and 445.1645).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 547 Yeas—106
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema Ebli Law, David Proos
Amos Elsenheimer Law, Kathleen Robertson
Angerer Emmons LeBlanc Rocca
Ball Espinoza Leland Sak
Bauer Farrah Lindberg Schuitmaker
Bennett Gaffney Marleau Scott
Bieda Garfield Mayes Shaffer
Booher Gillard McDowell Sheltrown
Brandenburg Gonzales Meadows Simpson
Brown Green Meekhof Smith, Alma
Byrnes Griffin Meisner Smith, Virgil
Byrum Hammel Melton Spade
Calley Hammon Meltzer Stahl
Casperson Hansen Miller Stakoe
Caswell Hildenbrand Moolenaar Steil
Caul Hood Moore Tobocman
Cheeks Hoogendyk Moss Vagnozzi
Clack Hopgood Nitz Valentine
Clemente Horn Nofs Walker
Condino Huizenga Opsommer Ward
Constan Jackson Palmer Warren
Corriveau Johnson Palsrok Wenke
Coulouris Jones, Rick Pastor Wojno
Dean Jones, Robert Pavlov Young
DeRoche Knollenberg
Nays—2
Hune Sheen
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5307, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending section 22 (MCL 445.1672), as amended by 2002 PA 391, and by adding section 24a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Rick Jones moved to amend the bill as follows:
1. Amend page 5, line 8, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) House Bill No. 4264.
(b) House Bill No. 4409.
(c) House Bill No. 4410.
(d) House Bill No. 4411.
(e) House Bill No. 5294.
(f) House Bill No. 5295.
(g) House Bill No. 5296.
(h) House Bill No. 5297.
(i) House Bill No. 5299.
(j) House Bill No. 5300.
(k) House Bill No. 5301.
(l) House Bill No. 5302.
(m) House Bill No. 5303.
(n) House Bill No. 5641.
(o) House Bill No. 5642.
(p) House Bill No. 5643.
(q) House Bill No. 5644.
(r) House Bill No. 5645.
(s) House Bill No. 5646.
(t) House Bill No. 5647.
(u) House Bill No. 6128.
(v) House Bill No. 6129.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Young moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5307, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending section 22 (MCL 445.1672), as amended by 2002 PA 391, and by adding section 24a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 548 Yeas—85
Accavitti Dillon LaJoy Proos
Acciavatti Donigan Law, David Rocca
Angerer Ebli Law, Kathleen Sak
Ball Emmons LeBlanc Schuitmaker
Bauer Espinoza Leland Scott
Bennett Farrah Lindberg Shaffer
Bieda Gaffney Marleau Sheltrown
Booher Gillard Mayes Simpson
Brown Gonzales McDowell Smith, Alma
Byrnes Griffin Meadows Smith, Virgil
Byrum Hammel Meisner Spade
Calley Hammon Melton Stakoe
Caswell Hansen Meltzer Tobocman
Caul Hood Miller Vagnozzi
Cheeks Hopgood Moolenaar Valentine
Clack Horn Moore Walker
Clemente Jackson Nitz Ward
Condino Johnson Nofs Warren
Constan Jones, Rick Opsommer Wenke
Corriveau Jones, Robert Pearce Wojno
Coulouris Lahti Polidori Young
Dean
Nays—23
Agema Garfield Knollenberg Pavlov
Amos Green Meekhof Robertson
Brandenburg Hildenbrand Moss Sheen
Casperson Hoogendyk Palmer Stahl
DeRoche Huizenga Palsrok Steil
Elsenheimer Hune Pastor
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Robertson, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I must vote NO on HB 5295 and the associated bills in this package HB 5294, HB 5296, HB 5299, HB 5307 and HB 5308. While I support effort to improve the lending climate in Michigan and protect consumers from unscrupulous brokers and lenders, this bill is flawed. This legislation places unworkable regulation on the fees charged by brokers and lenders, It also contains language which is so subjective that it would require omniscience on the part of brokers in determining a borrowers ability to pay. It would subject brokers to legal liability which would make it all but impossible for honest law-abiding brokers to offer loans to homebuyers. Like so much legislation which emanates from the other side of the aisle, this legislation will hurt the very people it is intended to help. Loans for people with less than perfect credit will be even more difficult to obtain and place the dream of home ownership further out of reach. Borrowers with excellent credit, income and employment seeking conforming loans would be hurt by this legislation. The measures we have taken to provide for loan officer licensure, provide greater penalties for assessment fraud and coercion of fraud, coupled with greater resources in the Office of Financial and Insurance Regulation (OFIR) will go a very long way to addressing the current mortgage lending/crisis. These bills miss the target.”
Second Reading of Bills
House Bill No. 5308, entitled
A bill to amend 1981 PA 125, entitled “The secondary mortgage loan act,” by amending section 24 (MCL 493.74), as amended by 2002 PA 392, and by adding section 24a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Pavlov moved to amend the bill as follows:
1. Amend page 5, line 22, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:
(a) House Bill No. 4264.
(b) House Bill No. 4409.
(c) House Bill No. 4410.
(d) House Bill No. 4411.
(e) House Bill No. 5294.
(f) House Bill No. 5295.
(g) House Bill No. 5296.
(h) House Bill No. 5297.
(i) House Bill No. 5299.
(j) House Bill No. 5300.
(k) House Bill No. 5301.
(l) House Bill No. 5302.
(m) House Bill No. 5303.
(n) House Bill No. 5641.
(o) House Bill No. 5642.
(p) House Bill No. 5643.
(q) House Bill No. 5644.
(r) House Bill No. 5645.
(s) House Bill No. 5646.
(t) House Bill No. 5647.
(u) House Bill No. 6128.
(v) House Bill No. 6129.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Valentine moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5308, entitled
A bill to amend 1981 PA 125, entitled “The secondary mortgage loan act,” by amending section 24 (MCL 493.74), as amended by 2002 PA 392, and by adding section 24a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 549 Yeas—81
Accavitti Dean Jones, Robert Rocca
Acciavatti Dillon Lahti Sak
Angerer Donigan LaJoy Schuitmaker
Ball Ebli Law, David Scott
Bauer Emmons Law, Kathleen Shaffer
Bennett Espinoza LeBlanc Sheltrown
Bieda Farrah Leland Simpson
Booher Gaffney Lindberg Smith, Alma
Brown Gillard Marleau Smith, Virgil
Byrnes Gonzales Mayes Spade
Byrum Griffin McDowell Stakoe
Calley Hammel Meadows Tobocman
Caswell Hammon Meisner Vagnozzi
Caul Hansen Melton Valentine
Cheeks Hood Meltzer Walker
Clack Hopgood Miller Ward
Clemente Horn Moore Warren
Condino Jackson Nofs Wenke
Constan Johnson Pearce Wojno
Corriveau Jones, Rick Polidori Young
Coulouris
Nays—27
Agema Green Moolenaar Pavlov
Amos Hildenbrand Moss Proos
Brandenburg Hoogendyk Nitz Robertson
Casperson Huizenga Opsommer Sheen
DeRoche Hune Palmer Stahl
Elsenheimer Knollenberg Palsrok Steil
Garfield Meekhof Pastor
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Robertson, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I must vote NO on HB 5295 and the associated bills in this package HB 5294, HB 5296, HB 5299, HB 5307 and HB 5308. While I support effort to improve the lending climate in Michigan and protect consumers from unscrupulous brokers and lenders, this bill is flawed. This legislation places unworkable regulation on the fees charged by brokers and lenders, It also contains language which is so subjective that it would require omniscience on the part of brokers in determining a borrowers ability to pay. It would subject brokers to legal liability which would make it all but impossible for honest law-abiding brokers to offer loans to homebuyers. Like so much legislation which emanates from the other side of the aisle, this legislation will hurt the very people it is intended to help. Loans for people with less than perfect credit will be even more difficult to obtain and place the dream of home ownership further out of reach. Borrowers with excellent credit, income and employment seeking conforming loans would be hurt by this legislation. The measures we have taken to provide for loan officer licensure, provide greater penalties for assessment fraud and coercion of fraud, coupled with greater resources in the Office of Financial and Insurance Regulation (OFIR) will go a very long way to addressing the current mortgage lending/crisis. These bills miss the target.”
______
Rep. Angerer moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. McDowell, Lahti, Gillard, Lindberg, Casperson, Sak, Ball, Bieda, Booher, Brandenburg, Brown, Byrnes, Clack, Condino, Constan, Espinoza, Gonzales, Hammel, Hammon, Hansen, Hopgood, Robert Jones, LaJoy, Kathleen Law, LeBlanc, Moore, Polidori, Shaffer, Alma Smith, Spade, Vagnozzi, Valentine and Meadows offered the following resolution:
House Resolution No. 394.
A resolution declaring Paradise as the Wild Blueberry Capital of the state of Michigan.
Whereas, Paradise, Michigan, once forested in stands of huge white pine, was logged from the 1880s to the 1920s. The cut-over land, swept by fires, provided a natural environment for wild blueberries, one of nature’s “pioneer” plants. Blueberry bushes flourished in the sandy, acidic soil. Fields of “blue gold” covered vast areas and gave rise to a new industry; and
Whereas, At a time when cultivated blueberries were unknown, Paradise’s wild berries were in great demand. Up to 1,500 laborers moved into the area during the summers of the 1920s and 1930s to pick berries. Shoreline steamers transported the blueberry cargo to Detroit, Chicago and Buffalo; and
Whereas, The local blueberry industry peaked during the Great Depression, but declined with the advent of World War II when labor for picking was scarce, and the natural succession of vegetation and forest reduced the number of blueberry bushes; and
Whereas, Wild blueberries still thrive in the area. The low-bush varieties, found in open, sunny areas, ripen from late July through August. High-bush berries may be found in shade and ripen from late August through September; and
Whereas, The Paradise community celebrates this local heritage with its annual Wild Blueberry Festival. The Wild Blueberry Festival began in 1983, therefore, on August 15, 16 and 17, 2008, the Paradise community will be celebrating the 25th anniversary of the Wild Blueberry Festival; and
Whereas, Because blueberry production has steadily inclined on a national level, it has become important to recognize and celebrate Paradise’s integral role in this thriving agricultural market; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body offer this expression of our highest tribute to honor Paradise’s historic place in Michigan with the recognition as the Wild Blueberry Capital of the state.
Pending the reference of the resolution to a committee,
Rep. Angerer moved that Rule 71 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
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, June 18:
House Bill Nos. 6240 6241 6242 6243 6244 6245
Senate Bill Nos. 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396
1397 1398 1399
The Clerk announced that the following Senate bills had been received on Wednesday, June 18:
Senate Bill Nos. 494 1253 1318
Reports of Standing Committees
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 6099, entitled
A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 11a.
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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, Stakoe and Rick Jones
Nays: None
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 6102, entitled
A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 12c.
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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren and Schuitmaker
Nays: Rep. Rick Jones
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 6103, entitled
A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 12d.
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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren and Schuitmaker
Nays: Rep. Rick Jones
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 6105, entitled
A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 12a (MCL 445.72a), as added by 2006 PA 566.
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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker and Stakoe
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Condino, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, June 18, 2008
Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, Elsenheimer, Stakoe, Rick Jones and Rocca
Absent: Rep. David Law
Excused: Rep. David Law
The Committee on Families and Children’s Services, by Rep. Clack, Chair, reported
House Bill No. 6131, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 115g, 115i, and 115j (MCL 400.115g, 400.115i, and 400.115j), section 115g as amended by 2004 PA 193 and sections 115i and 115j as amended by 2002 PA 648.
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. Clack, Dean, Accavitti, Hammon, Sheen and Stahl
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Clack, Chair, of the Committee on Families and Children’s Services, was received and read:
Meeting held on: Wednesday, June 18, 2008
Present: Reps. Clack, Dean, Accavitti, Hammon, Sheen and Stahl
Absent: Reps. Wojno, Hoogendyk and Palmer
Excused: Reps. Wojno, Hoogendyk and Palmer
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Tuesday, June 17, 2008
Present: Reps. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Amos, Booher, Caul, Hansen, Proos, Agema and Moss
Absent: Reps. Alma Smith, Brandenburg and Nofs
Messages from the Senate
Senate Bill No. 494, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1h (MCL 247.651h), as added by 1997 PA 79.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 1253, entitled
A bill to amend 1943 PA 20, entitled “An act relative to the investment of funds of public corporations of the state; and to validate certain investments,” (MCL 129.91 to 129.96) by adding section 7.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
Senate Bill No. 1318, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 1k.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Energy and Technology from further consideration of House Bill No. 5120.
Rep. Tobocman
Pursuant to Rule 41, the Speaker has made the following reassignment:
Senate Bill No. 370 referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Introduction of Bills
Reps. Meadows, Alma Smith and Griffin introduced
House Bill No. 6246, entitled
A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657).
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Hopgood introduced
House Bill No. 6247, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278b (MCL 380.1278b), as amended by 2007 PA 141.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. McDowell introduced
House Bill No. 6248, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 226 (MCL 330.1226), as amended by 2004 PA 497.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Valentine, Lindberg, Donigan, Brown, Leland, Hammel, Miller, Jackson, Kathleen Law, Hood, Ebli, Condino, Corriveau, Coulouris, Hammon and Byrum introduced
House Bill No. 6249, entitled
A bill to amend 1984 PA 274, entitled “Michigan antitrust reform act,” by amending the title and sections 6 and 7 (MCL 445.776 and 445.777), the title as amended by 1987 PA 243.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Dean and Valentine introduced
House Bill No. 6250, entitled
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending sections 3, 7, and 8 (MCL 445.903, 445.907, and 445.908), section 3 as amended by 2006 PA 508.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Robert Jones, Angerer, Brown, Simpson, Valentine, Donigan, Leland, Ebli, Miller, Meisner, Polidori, Bennett, Corriveau, Dean, Meadows and Clemente introduced
House Bill No. 6251, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 22225a.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Reps. Angerer, Brown, Simpson, Valentine, Robert Jones, Donigan, Leland, Ebli, Miller, Meisner, Polidori, Bennett, Corriveau, Dean and Meadows introduced
House Bill No. 6252, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20142 (MCL 333.20142).
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Reps. Corriveau, Simpson, Angerer, Brown, Valentine, Robert Jones, Donigan, Leland, Ebli, Miller, Meisner, Polidori, Bennett, Dean and Meadows introduced
House Bill No. 6253, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21766 (MCL 333.21766), as amended by 2001 PA 243.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Reps. Simpson, Angerer, Brown, Valentine, Donigan, Leland, Ebli, Miller, Meisner, Polidori, Bennett, Corriveau, Dean and Meadows introduced
House Bill No. 6254, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21781 (MCL 333.21781).
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Reps. Ball, Simpson, Angerer, Brown, Valentine, Robert Jones, Donigan, Leland, Ebli, Miller, Meisner, Polidori, Bennett, Corriveau, Dean and Meadows introduced
House Bill No. 6255, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21711 (MCL 333.21711).
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Reps. Valentine, Angerer, Brown, Simpson, Robert Jones, Donigan, Leland, Ebli, Miller, Meisner, Polidori, Bennett, Corriveau, Dean and Meadows introduced
House Bill No. 6256, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21799c (MCL 333.21799c), as amended by 1996 PA 546.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
______
Rep. Gonzales moved that the House adjourn.
The motion prevailed, the time being 5:50 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, June 19, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives
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