No. 56
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Wednesday, June 17, 2009.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Durhal—present Lahti—present Proos—present
Amash—present Ebli—present LeBlanc—present Roberts—present
Angerer—present Elsenheimer—present Leland—present Rocca—present
Ball—present Espinoza—present Lemmons—present Rogers—present
Barnett—present Geiss—present Lindberg—present Schmidt, R.—present
Bauer—present Genetski—present Lipton—present Schmidt, W.—present
Bennett—present Gonzales—present Liss—present Schuitmaker—present
Bledsoe—present Green—present Lori—present Scott, B.—present
Bolger—present Gregory—present Lund—present Scott, P.—present
Booher—present Griffin—present Marleau—present Scripps—present
Brown, L.—present Haase—present Mayes—present Segal—present
Brown, T.—present Haines—present McDowell—present Sheltrown—present
Byrnes—present Hammel—present McMillin—present Simpson—present
Byrum—present Hansen—present Meadows—present Slavens—present
Calley—present Haugh—present Meekhof—present Slezak—present
Caul—present Haveman—present Melton—present Smith—present
Clemente—present Hildenbrand—present Meltzer—present Spade—present
Constan—present Horn—present Miller—present Stamas—present
Corriveau—present Huckleberry—present Moore—present Stanley—present
Coulouris—present Jackson—present Moss—present Switalski—present
Crawford—present Johnson—present Nathan—present Tlaib—present
Cushingberry—present Jones, Rick—present Nerat—present Tyler—present
Daley—present Jones, Robert—present Neumann—present Valentine—present
Dean—present Kandrevas—present Opsommer—present Walsh—present
Denby—present Kennedy—present Pavlov—present Warren—present
DeShazor—present Knollenberg—present Pearce—present Womack—present
Dillon—present Kowall—present Polidori—present Young—present
Donigan—present Kurtz—present
e/d/s = entered during session
Rep. Chuck Moss, from the 40th District, offered the following invocation:
“George Washington’s Circular Letter to the governors of the states, dated June 8, 1783.
I now make it my earnest prayer, that God would have you, and the State over which you preside, in His holy protection, that He would incline the hearts of the Citizens to cultivate a spirit of subordination and obedience to Government, to entertain a brotherly affection and love for one another, for their fellow Citizens of the United States at large, and particularly for their brethren who have served in the Field and finally, that He would most graciously be pleased to dispose us all, to do Justice, to love mercy, and to demean ourselves with that Charity humility and pacific temper of mind, which were the Characteristics of the Divine Author of our blessed Religion, and without an humble imitation of whose example in these things, we can never hope to be a happy Nation.
IN YOUR NAME WE PRAY, AMEN.”
Messages from the Senate
The Speaker laid before the House
House Bill No. 4930, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4x (MCL 205.54x), as amended by 2006 PA 17.
(The bill was received from the Senate on June 11, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 16, see House Journal No. 54, p. 1083.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 302 Yeas—106
Agema Elsenheimer LeBlanc Roberts
Angerer Espinoza Leland Rocca
Ball Geiss Lemmons Rogers
Barnett Genetski Lindberg Schmidt, R.
Bauer Gonzales Lipton Schmidt, W.
Bledsoe Green Liss Schuitmaker
Bolger Gregory Lori Scott, B.
Booher Griffin Lund Scott, P.
Brown, L. Haase Marleau Scripps
Brown, T. Haines Mayes Segal
Byrnes Hammel McDowell Sheltrown
Byrum Hansen McMillin Simpson
Calley Haugh Meadows Slavens
Caul Haveman Meekhof Slezak
Clemente Hildenbrand Melton Smith
Constan Horn Meltzer Spade
Corriveau Huckleberry Moore Stamas
Coulouris Jackson Moss Stanley
Crawford Johnson Nathan Switalski
Cushingberry Jones, Rick Nerat Tlaib
Dean Jones, Robert Neumann Tyler
Denby Kandrevas Opsommer Valentine
DeShazor Kennedy Pavlov Walsh
Dillon Knollenberg Pearce Warren
Donigan Kowall Polidori Womack
Durhal Kurtz Proos Young
Ebli Lahti
Nays—4
Amash Bennett Daley Miller
In The Chair: Byrnes
The House agreed to the full title.
Reps. Agema, Angerer, Bolger, Lisa Brown, Terry Brown, Crawford, DeShazor, Espinoza, Geiss, Gregory, Griffin, Horn, Huckleberry, Johnson, Robert Jones, Kennedy, LeBlanc, Leland, Lemmons, Lori, Marleau, Mayes, Polidori, Proos, Wayne Schmidt, Schuitmaker, Scripps, Sheltrown, Smith, Spade and Tyler were named co‑sponsors of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 4161, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 17708, 17751, and 17763 (MCL 333.7405, 333.17708, 333.17751, and 333.17763), as amended by 2006 PA 672.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. LeBlanc moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. 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. 4161, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 17708, 17751, and 17763 (MCL 333.7405, 333.17708, 333.17751, and 333.17763), as amended by 2006 PA 672.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 303 Yeas—110
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Jones, Robert Neumann Valentine
Dean Kandrevas Opsommer Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Dillon Kowall Polidori Young
Donigan Kurtz
Nays—0
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 17708, and 17763 (MCL 333.7405, 333.17708, and 333.17763), as amended by 2006 PA 672.
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.
Reps. Angerer, Barnett, Terry Brown, Crawford, Denby, Dillon, Durhal, Espinoza, Geiss, Gonzales, Gregory, Griffin, Hammel, Haugh, Horn, Robert Jones, Lemmons, Liss, Marleau, Mayes, Meadows, Proos, Rocca, Schuitmaker, Slavens, Slezak and Stamas were named co‑sponsors of the bill.
Second Reading of Bills
House Bill No. 4828, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145e.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Schuitmaker moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Polidori 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. 4828, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145e.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 304 Yeas—109
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Gonzales Lipton Schmidt, W.
Bennett Green Liss Schuitmaker
Bledsoe Gregory Lori Scott, B.
Bolger Griffin Lund Scott, P.
Booher Haase Marleau Scripps
Brown, L. Haines Mayes Segal
Brown, T. Hammel McDowell Sheltrown
Byrnes Hansen McMillin Simpson
Byrum Haugh Meadows Slavens
Calley Haveman Meekhof Slezak
Caul Hildenbrand Melton Smith
Clemente Horn Meltzer Spade
Constan Huckleberry Miller Stamas
Corriveau Jackson Moore Stanley
Coulouris Johnson Moss Switalski
Crawford Jones, Rick Nathan Tlaib
Cushingberry Jones, Robert Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—1
Genetski
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224 (MCL 750.224), as amended by 2006 PA 401, and by adding section 222b.
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.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on New Economy and Quality of Life, by Rep. Clemente, Chair, reported
Senate Bill No. 624, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4k (MCL 205.94k), as amended by 2006 PA 18.
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. Clemente, Stanley, Byrnes, Leland, Segal, Bolger, Denby and Tyler
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Clemente, Chair, of the Committee on New Economy and Quality of Life, was received and read:
Meeting held on: Wednesday, June 17, 2009
Present: Reps. Clemente, Stanley, Byrnes, Geiss, Leland, Segal, Knollenberg, Bolger, Denby and Tyler
Absent: Rep. Griffin
Excused: Rep. Griffin
Second Reading of Bills
Senate Bill No. 624, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4k (MCL 205.94k), as amended by 2006 PA 18.
The bill was read a second time.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 624, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4k (MCL 205.94k), as amended by 2006 PA 18.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 305 Yeas—106
Agema Elsenheimer LeBlanc Roberts
Angerer Espinoza Leland Rocca
Ball Geiss Lemmons Rogers
Barnett Genetski Lindberg Schmidt, R.
Bauer Gonzales Lipton Schmidt, W.
Bledsoe Green Liss Schuitmaker
Bolger Gregory Lori Scott, B.
Booher Griffin Lund Scott, P.
Brown, L. Haase Marleau Scripps
Brown, T. Haines Mayes Segal
Byrnes Hammel McDowell Sheltrown
Byrum Hansen McMillin Simpson
Calley Haugh Meadows Slavens
Caul Haveman Meekhof Slezak
Clemente Hildenbrand Melton Smith
Constan Horn Meltzer Spade
Corriveau Huckleberry Moore Stamas
Coulouris Jackson Moss Stanley
Crawford Johnson Nathan Switalski
Cushingberry Jones, Rick Nerat Tlaib
Dean Jones, Robert Neumann Tyler
Denby Kandrevas Opsommer Valentine
DeShazor Kennedy Pavlov Walsh
Dillon Knollenberg Pearce Warren
Donigan Kowall Polidori Womack
Durhal Kurtz Proos Young
Ebli Lahti
Nays—4
Amash Bennett Daley Miller
In The Chair: Byrnes
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”
The House agreed to the full title.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Angerer moved that the Committee on Intergovernmental and Regional Affairs be discharged from further consideration of House Bill No. 4602.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
Pending the Second Reading of
House Bill No. 4602, entitled
A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending sections 9 and 19 (MCL 141.1359 and 141.1369).
Rep. Angerer moved that the bill be referred to the Committee on Regulatory Reform.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Angerer moved that the Committee on Commerce be discharged from further consideration of Senate Bill No. 585.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
Pending the Second Reading of
Senate Bill No. 585, entitled
A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending sections 5 and 19 (MCL 141.1355 and 141.1369).
Rep. Angerer moved that the bill be referred to the Committee on Regulatory Reform.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Angerer moved that the Committee on Commerce be discharged from further consideration of Senate Bill No. 586.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
Pending the Second Reading of
Senate Bill No. 586, entitled
A bill to amend 1987 PA 264, entitled “Health and safety fund act,” by amending section 5 (MCL 141.475), as amended by 2008 PA 586.
Rep. Angerer moved that the bill be referred to the Committee on Regulatory Reform.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Angerer moved that the Committee on Commerce be discharged from further consideration of Senate Bill No. 587.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
Pending the Second Reading of
Senate Bill No. 587, entitled
A bill to amend 1985 PA 106, entitled “State convention facility development act,” by amending sections 3, 8, 9, 10, and 12 (MCL 207.623, 207.628, 207.629, 207.630, and 207.632), as amended by 2008 PA 553.
Rep. Angerer moved that the bill be referred to the Committee on Regulatory Reform.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Angerer moved that the Committee on Commerce be discharged from further consideration of Senate Bill No. 588.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
Pending the Second Reading of
Senate Bill No. 588, entitled
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 7 (MCL 12.257), as amended by 2008 PA 256.
Rep. Angerer moved that the bill be referred to the Committee on Regulatory Reform.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Reps. Johnson, Terry Brown, Constan, Dean, Geiss, Gonzales, Lemmons, Liss, Lori, McMillin, Miller, Rogers, Sheltrown, Stanley, Switalski, Valentine, Lisa Brown, Cushingberry, Durhal, Haugh, Leland, Neumann and Roberts offered the following resolution:
House Resolution No. 108.
A resolution to memorialize Congress to provide that companies that receive tax breaks or other incentives and then move American jobs to other countries lose all governmental benefits.
Whereas, It is a common practice at virtually all levels of government for governmental bodies to extend tax breaks or to develop other incentives to help companies of all types to grow and to encourage the creation of jobs. These policies range not only from generous tax credits, but also to partnerships that train workers, assist in relocation, and meet a wide range of business needs. Some of these federal, state, or local programs have proven quite successful; and
Whereas, It is increasingly frustrating to learn of companies that have received various benefits from government that then take actions that kill jobs at facilities in this country and send jobs to plants or offices in other countries. The recent announcement made by American Axle that it is sending some 500 jobs to one of its operations in Mexico is an example of the worst of this practice; and
Whereas, With local units and states competing vigorously by offering a variety of packages of tax incentives and other benefits, the only effective way to address abuses is with federal action. While some states include “claw back” provisions requiring companies to repay subsidies if conditions are not met, there clearly needs to be universal enforcement of this concept; and
Whereas, When a governmental body extends tax or other benefits to a corporation, it is an expression of public trust in the company, a commitment from the people. When a company breaks this trust and acts without respect for these bonds, damage is done in ways that cannot be fully reflected in dollars. Companies taking such actions with some of their plants while still maintaining others that receive other benefits can be said to be using public help to finance the outsourcing of American jobs. This is wrong, no matter what level of government is involved; now, therefore, be it
Resolved by the House of Representatives, That we memorialize Congress to provide that companies that receive tax breaks or other incentives and then move American jobs to other countries lose all governmental benefits; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Commerce.
Reps. Meltzer, Lipton, Barnett, Denby, Haines, Lund, Constan, Dean, DeShazor, Green, Horn, Kowall, Lori, Rogers, Sheltrown, Stanley, Cushingberry, Durhal and Neumann offered the following resolution:
House Resolution No. 109.
A resolution to memorialize Congress to enact legislation to eliminate the 24-month Medicare waiting period for participants on Social Security Disability Insurance.
Whereas, The Medicare program created in 1965 provided health insurance to an estimated 44.8 million beneficiaries in 2008. In 1972, Medicare expanded health insurance coverage to people living with significant disabilities. An estimated 7.3 million enrollees under the age of 65 qualified for Medicare in 2008 because of permanent and severe disability. Medicare benefits provide an invaluable safety net for Americans, especially those with multiple sclerosis, spinal cord injury, ALS, Huntington’s Disease, Parkinson’s Disease, brain injury, Ataxia, spastic paraplegia, end-stage renal disease, and other illnesses or disabilities; and
Whereas, Federal law mandates a 24-month waiting period from the time a disabled individual first receives SSDI benefits to the time Medicare coverage begins, and the SSDI program delays benefits for five months while the person’s disability is determined, effectively creating a 29-month waiting period. As of December 2007, there were approximately 1.8 million disabled individuals who qualified for SSDI and were awaiting Medicare coverage. Consequently, under these conditions, by the time Medicare began, an estimated 25 percent would have incomes below the federal poverty line, and close to 30 percent would be enrolled in state Medicaid programs; and
Whereas, Approximately 68,700 SSDI beneficiaries who are awaiting Medicare coverage reside in Michigan. It has been estimated that as many as one-third of the individuals currently awaiting coverage, who are already sick and vulnerable individuals, may be uninsured. Many forgo medical treatments, stop medications and therapy, and further compromise their health. In addition, many individuals accumulate healthcare related debt, and often declare bankruptcy; and
Whereas, While disabled former employees eligible for COBRA can purchase up to 29 months of employer sponsored health coverage (which is 11 months more than the limit for the non-disabled population), employers are allowed to charge 150 percent of the combined employee and employer share of the coverage cost during the additional 11 months. The high COBRA premium, even at the non-disabled rates, proves unaffordable for many as shown in a recent Commonwealth Fund study that found only 9 percent of all unemployed workers receive COBRA coverage; and
Whereas, An American Medical Association study shows death rates among SSDI beneficiaries are highest during the first two years of SSDI enrollment, the time period SSDI beneficiaries must wait to be enrolled in Medicare. The Ending the Medicare Disability Waiting Period Act of 2009 (S.700/H.R. 1708) was reintroduced during the 111th Congress with cosponsors Senator Debbie Stabenow and Representatives Dale Kildee, Carolyn Cheeks Kilpatrick, and Thaddeus McCotter. This measure would phase out over 10 years the Medicare waiting period; and
Whereas, To make federal comprehensive health care reform meaningful, Congress must work to include elimination of the Medicare 24-month disability waiting period as part of this reform; now, therefore be it
Resolved, by the Senate, That we memorialize the United States Congress to enact legislation to eliminate the 24-month Medicare waiting period for participants on Social Security Disability Insurance; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Health Policy.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Wednesday, June 17:
House Bill Nos. 5090 5091 5092 5093 5094 5095 5096 5097 5098 5099 5100 5101 5102 5103
5104 5105 5106 5107 5108 5109 5110
House Joint Resolutions W X
The Clerk announced that the following Senate bills had been received on Wednesday, June 17:
Senate Bill Nos. 13 431 434 435 438 439
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Ebli, Chair, reported
House Bill No. 4805, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 277.
With the recommendation that the bill be referred to the Committee on Commerce.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ebli, Barnett, Robert Jones, Kandrevas, Lipton, Mayes, Slezak, Calley, Kowall, Lund, Meekhof, Stamas and Walsh
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Commerce.
The Committee on Tax Policy, by Rep. Ebli, Chair, reported
House Bill No. 4986, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2009 PA 16.
With the recommendation that the bill be referred to the Committee on Commerce.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ebli, Barnett, Robert Jones, Kandrevas, Lipton, Mayes, Slezak, Calley, Kowall, Lund, Meekhof, Stamas and Walsh
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Commerce.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ebli, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, June 17, 2009
Present: Reps. Ebli, Melton, Barnett, Coulouris, Robert Jones, Kandrevas, Lipton, Mayes, Slezak, Warren, Calley, Kowall, Lund, Meekhof, Meltzer, Stamas and Walsh
The Committee on Agriculture, by Rep. Simpson, Chair, reported
House Bill No. 5086, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 8c (MCL 125.2688c), as amended by 2006 PA 284.
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. Simpson, Huckleberry, Barnett, Haase, Mayes, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Simpson, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Wednesday, June 17, 2009
Present: Reps. Simpson, Huckleberry, Barnett, Haase, Mayes, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Robert Jones, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Wednesday, June 17, 2009
Present: Reps. Robert Jones, Roy Schmidt, Byrum, Clemente, Haase, Haugh, Huckleberry, Lemmons, Nathan, Nerat, Sheltrown, Womack, Hansen, DeShazor, Knollenberg, Meekhof, Meltzer, Opsommer and Walsh
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meadows, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, June 17, 2009
Present: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Angerer, Chair, of the Committee on Ethics and Elections, was received and read:
Meeting held on: Wednesday, June 17, 2009
Present: Reps. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer, Kurtz and Pearce
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Valentine, Chair, of the Committee on Families and Children’s Services, was received and read:
Meeting held on: Wednesday, June 17, 2009
Present: Reps. Valentine, Womack, Liss, Neumann, Slavens, Kurtz, McMillin, Moore and Pavlov
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, June 17, 2009
Present: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
Absent: Rep. Jackson
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lindberg, Chair, of the Committee on Labor, was received and read:
Meeting held on: Wednesday, June 17, 2009
Present: Reps. Lindberg, Kennedy, Kandrevas, Liss, Bettie Scott, Slezak, Young, Amash, Daley, Haveman and McMillin
Messages from the Senate
Senate Bill No. 13, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 3 and 45 (MCL 24.203 and 24.245), section 3 as amended by 1988 PA 277 and section 45 as amended by 2004 PA 491, and by adding section 45b.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Senate Bill No. 431, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 39 (MCL 24.239), as amended by 2004 PA 23.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Senate Bill No. 434, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 32, 40, 43, 61, and 64 (MCL 24.232, 24.240, 24.243, 24.261, and 24.264), section 40 as amended by 1999 PA 262, section 43 as amended by 1989 PA 288, and section 61 as amended by 1982 PA 413.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Senate Bill No. 435, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 53 (MCL 24.253), as amended by 2004 PA 23.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Senate Bill No. 438, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 1505.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Senate Bill No. 439, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 27.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Senate Concurrent Resolution No. 13.
A concurrent resolution to memorialize Congress to provide for waivers from requirements attached to stimulus funding that would hamper the state’s efforts to meet its constitutional obligation to balance future budgets.
Whereas, The massive federal spending program to stimulate the national economy is, in many instances, accompanied by requirements for the states to implement certain provisions in their state statutes as a condition to receiving the money from Washington. The modifications of state laws will remain in place long after the federal money is spent; and
Whereas, Even as Michigan, a state long battered by transformational economic challenges, faces budgetary problems that make every federal dollar enticing, there are many observers who have expressed grave concerns over the conditions attached to the stimulus money. This concern has been articulated in conjunction with expanded government programs and requirements for permanent changes to Michigan law that will imperil our state’s economic strength in the future; and
Whereas, Many people have also expressed strong reservations over the impact similar conditions will have on other key programs. The American Recovery and Reinvestment Act’s prohibitions on making cuts to Medicaid, higher education operations, community college operations, and debt service mean that 47 percent of Michigan’s General Fund/General Purpose budget is effectively off the table, even as we have a $1.7 billion deficit to reconcile. As a consequence, the cuts that must be made can only come from other priority areas, such as health care, public emergency services, local government services, road infrastructure, and other core government functions; and
Whereas, The impact of the “strings” attached to the stimulus money is that the state is implicitly abdicating its authority and discretion related to meeting our essential responsibilities and establishing budget priorities to meet our constitutional obligations to provide core services such as health, public safety, welfare, and educating our children; and
Whereas, The strings attached to stimulus money cannot be glossed over in the state’s efforts to deal with our present budget crisis. The federal mandates connected with accepting this money may hamstring future legislatures and generations and prevent the very reforms and new approaches this state so desperately needs to craft solutions; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we memorialize Congress to provide for waivers from requirements attached to stimulus funding that would hamper the state’s efforts to meet its constitutional obligation to balance future budgets; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the Governor, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The Senate has adopted the concurrent resolution.
Reps. Agema, Crawford, Dean, DeShazor, Genetski, Green, Haines, Horn, Kowall, Kurtz, Lori, Opsommer, Pearce, Proos, Rogers, Sheltrown and Meltzer were named co‑sponsors of the concurrent resolution.
The concurrent resolution was referred to the Committee on Government Operations.
Notices
Pursuant to Rule 41, the Speaker has made the following reassignment:
House Bill No. 5091 referred to the Committee on Health Policy on June 17, 2009.
Announcements by the Clerk
June 15, 2009
Received from the Auditor General a copy of the following audit report and/or report summary:
Financial audit, including the provisions of the Single Audit Act, of the Michigan Economic Development Corporation (MEDC), a discretely presented component unit of the State of Michigan, for the period October 1, 2006 through September 30, 2008.
Richard J. Brown
Clerk of the House
By unanimous consent the House returned to the order of
Introduction of Bills
Reps. Slavens, Geiss, Liss, Robert Jones, Bledsoe, Angerer, Kennedy, Womack, Slezak, Constan, Switalski, Durhal and Barnett introduced
House Bill No. 5111, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 61506 and 61506b (MCL 324.61506 and 324.61506b), section 61506 as amended and section 61506b as added by 1998 PA 303, and by adding section 61506d.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Rep. Calley introduced
House Bill No. 5112, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 417 (MCL 208.1417).
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Calley introduced
House Bill No. 5113, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278a and 1278b (MCL 380.1278a and 380.1278b), section 1278a as amended by 2008 PA 316 and section 1278b as amended by 2007 PA 141.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Calley, Rogers, Rick Jones, McMillin, Pearce, Agema, Knollenberg, LeBlanc, Kurtz, Huckleberry, Horn, Green, Hansen, Bolger, Haines, Moss, Denby, Dean, Amash and Genetski introduced
House Bill No. 5114, entitled
A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 6a (MCL 722.26a), as added by 1980 PA 434.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Durhal introduced
House Bill No. 5115, entitled
A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending section 19 (MCL 141.1369).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Durhal introduced
House Bill No. 5116, entitled
A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending section 5 (MCL 141.1355).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Tlaib introduced
House Bill No. 5117, entitled
A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending section 29 (MCL 141.1379).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Tlaib introduced
House Bill No. 5118, entitled
A bill to amend 1987 PA 264, entitled “Health and safety fund act,” by amending section 5 (MCL 141.475), as amended by 2008 PA 586.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Johnson introduced
House Bill No. 5119, entitled
A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending section 7 (MCL 141.1357).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Johnson introduced
House Bill No. 5120, entitled
A bill to amend 1985 PA 106, entitled “State convention facility development act,” by amending sections 6 and 10 (MCL 207.626 and 207.630), section 10 as amended by 2008 PA 553.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Haugh, Womack, Slezak, Kandrevas, Liss, Stanley, Roy Schmidt, Geiss, Gregory, Nathan, Wayne Schmidt, Dean, Switalski and Scripps introduced
House Bill No. 5121, entitled
A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 3a and 4a (MCL 432.103a and 432.104a), section 3a as amended by 2006 PA 427 and section 4a as added by 1999 PA 108, and by adding section 4b.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Kandrevas introduced
House Bill No. 5122, entitled
A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 2, 7, 7a, 11a, 17, 18, and 21 (MCL 252.302, 252.307, 252.307a, 252.311a, 252.317, 252.318, and 252.321), sections 2, 7, 17, and 18 as amended and section 11a as added by 2006 PA 448 and section 7a as added by 2006 PA 447.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. LeBlanc introduced
House Bill No. 5123, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8507 (MCL 600.8507), as amended by 2005 PA 326.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. LeBlanc introduced
House Bill No. 5124, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224a (MCL 750.224a), as amended by 2006 PA 457.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Leland moved that the House adjourn.
The motion prevailed, the time being 5:05 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, June 18, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives
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