No. 109

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

House Chamber, Lansing, Wednesday, December 16, 2009.

10:00 a.m.

The House was called to order by Associate Speaker Pro Tempore Haase.

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—excused Lipton—present Schmidt, W.—present

Bennett—excused Gonzales—present Liss—present Schuitmaker—present

Bledsoe—present Green—present Lori—present Scott, B.—excused

Bolger—present Gregory—present Lund—present Scott, P.—present

Booher—present Griffin—present Marleau—present Scripps—present

Brown, L.—present Haase—present Mayes—present Segal—present

Brown, T.—present Haines—present McDowell—present Sheltrown—present

Byrnes—present Hammel—present McMillin—present Simpson—excused

Byrum—present Hansen—present Meadows—present Slavens—present

Calley—present Haugh—present Meekhof—present Slezak—present

Caul—present Haveman—present Melton—present Smith—present

Clemente—present Hildenbrand—present Meltzer—present Spade—present

Constan—present Horn—present Miller—excused Stamas—present

Corriveau—present Huckleberry—present Moore—present Stanley—present

Coulouris—present Jackson—present Moss—present Switalski—present

Crawford—present Johnson—present Nathan—present Tlaib—present

Cushingberry—present Jones, Rick—present Nerat—present Tyler—present

Daley—present Jones, Robert—present Neumann—present Valentine—present

Dean—present Kandrevas—present Opsommer—present Walsh—present

Denby—present Kennedy—present Pavlov—present Warren—present

DeShazor—present Knollenberg—present Pearce—present Womack—present

Dillon—present Kowall—present Polidori—present Young—present

Donigan—present Kurtz—present

e/d/s = entered during session

Rep. Kevin J. Green, from the 77th District, offered the following invocation:

“Lord, thank You for delivering each of us to this chamber today safely, and for the privilege each of us enjoys in serving the people of Michigan.

Today we pray for the courage to follow Your greatest commandment: to love others as you would yourself.

We pray for the courage to forgive even when it seems impossible to forgive.

We pray for the courage to be peacemakers when it seems natural to see others as adversaries.

Lord, in the vastness of the universe and infinite scope of time, our deeds done in our present roles of service are small. Let us not forget You in the coming hours. Lay down that peace and humility, and help us work together to push forward the legislation that will lift up the men and women of this state.

In the spirit of the Christmas season, we ask that we would come together to celebrate the true meaning of Christmas and all that You have given each one of us – especially our family and friends.

We thank You for the opportunity each of us has to serve our respective districts and we ask for wisdom to carry out legislation that glorifies You. Bless the members of the House of Representatives today and let us not forget the importance of kindness, trust, and reconciliation.

I offer this prayer in Christ’s name, Amen.”

______

Rep. Angerer moved that Reps. Bennett, Miller, Bettie Scott and Simpson be excused from today’s session.

The motion prevailed.

Rep. Wayne Schmidt moved that Rep. Genetski be excused from today’s session.

The motion prevailed.

______

The Speaker Pro Tempore assumed the Chair.

Second Reading of Bills

House Bill No. 5009, entitled

A bill to amend 2008 PA 148, entitled “Personal property trust perpetuities act,” by amending section 4 (MCL 554.94).

The bill was read a second time.

Rep. Schuitmaker 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. 5009, entitled

A bill to amend 2008 PA 148, entitled “Personal property trust perpetuities act,” by amending section 4 (MCL 554.94).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 628 Yeas—105

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Gonzales Lindberg Schmidt, R.

Bledsoe Green Lipton Schmidt, W.

Bolger Gregory Liss Schuitmaker

Booher Griffin Lori Scott, P.

Brown, L. Haase Lund Scripps

Brown, T. Haines Marleau Segal

Byrnes Hammel Mayes Sheltrown

Byrum Hansen McDowell Slavens

Calley Haugh McMillin Slezak

Caul Haveman Meadows Smith

Clemente Hildenbrand Meekhof Spade

Constan Horn Melton Stamas

Corriveau Huckleberry Meltzer Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Donigan

Nays—0

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 5010, entitled

A bill to amend 1988 PA 418, entitled “Uniform statutory rule against perpetuities,” by amending section 5 (MCL 554.75), as amended by 2008 PA 149.

The bill was read a second time.

Rep. Meadows moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Angerer moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5010, entitled

A bill to amend 1988 PA 418, entitled “Uniform statutory rule against perpetuities,” by amending section 5 (MCL 554.75), as amended by 2008 PA 149.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 629 Yeas—105

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Gonzales Lindberg Schmidt, R.

Bledsoe Green Lipton Schmidt, W.

Bolger Gregory Liss Schuitmaker

Booher Griffin Lori Scott, P.

Brown, L. Haase Lund Scripps

Brown, T. Haines Marleau Segal

Byrnes Hammel Mayes Sheltrown

Byrum Hansen McDowell Slavens

Calley Haugh McMillin Slezak

Caul Haveman Meadows Smith

Clemente Hildenbrand Meekhof Spade

Constan Horn Melton Stamas

Corriveau Huckleberry Meltzer Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Donigan

Nays—0

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

Senate Bill No. 99, entitled

A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending sections 2, 2a, 5, 5a, 9a, 11a, 13, 15, 17, 17b, 19, 27, and 28 (MCL 552.502, 552.502a, 552.505, 552.505a, 552.509a, 552.511a, 552.513, 552.515, 552.517, 552.517b, 552.519, 552.527, and 552.528), sections 2 and 2a as amended by 2004 PA 210, sections 5, 13, and 15 as amended and section 5a as added by 2002 PA 571, section 9a as added by 1999 PA 150, section 11a as added by 2002 PA 569, sections 17, 17b, and 19 as amended by 2004 PA 207, and section 28 as added by 1996 PA 365.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Families and Children’s Services,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. McMillin moved to amend the bill as follows:

1. Amend page 33, line 16, by striking out all of section 28.

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 99, entitled

A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending sections 2, 2a, 5, 5a, 9a, 11a, 13, 15, 17, 17b, 19, 27, and 28 (MCL 552.502, 552.502a, 552.505, 552.505a, 552.509a, 552.511a, 552.513, 552.515, 552.517, 552.517b, 552.519, 552.527, and 552.528), sections 2 and 2a as amended by 2004 PA 210, sections 5, 13, and 15 as amended and section 5a as added by 2002 PA 571, section 9a as added by 1999 PA 150, section 11a as added by 2002 PA 569, sections 17, 17b, and 19 as amended by 2004 PA 207, and section 28 as added by 1996 PA 365.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 630 Yeas—100

Agema Ebli Kurtz Proos

Angerer Elsenheimer Lahti Roberts

Ball Espinoza LeBlanc Rocca

Barnett Geiss Leland Rogers

Bauer Gonzales Lemmons Schmidt, R.

Bledsoe Green Lindberg Schmidt, W.

Bolger Gregory Lipton Schuitmaker

Booher Griffin Liss Scott, P.

Brown, T. Haase Lori Scripps

Byrnes Haines Lund Segal

Byrum Hammel Marleau Sheltrown

Calley Hansen Mayes Slavens

Caul Haugh McDowell Slezak

Clemente Haveman Meadows Smith

Corriveau Hildenbrand Meekhof Spade

Coulouris Horn Melton Stamas

Crawford Huckleberry Meltzer Stanley

Cushingberry Jackson Moore Switalski

Daley Johnson Moss Tlaib

Dean Jones, Rick Nerat Tyler

Denby Jones, Robert Neumann Valentine

DeShazor Kandrevas Opsommer Walsh

Dillon Kennedy Pavlov Warren

Donigan Knollenberg Pearce Womack

Durhal Kowall Polidori Young

Nays—5

Amash Constan McMillin Nathan

Brown, L.

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 revise and consolidate the laws relating to the friend of the court; to provide for the appointment or removal of the friend of the court; to create the office of the friend of the court; to establish the rights, powers, and duties of the friend of the court and the office of the friend of the court; to establish a state friend of the court bureau and to provide the powers and duties of the bureau; to prescribe powers and duties of the circuit court and of certain state and local agencies and officers; to establish friend of the court citizen advisory committees; to prescribe certain duties of certain employers and former employers; and to repeal acts and parts of acts,”

The House agreed to the full title.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

Senate Bill No. 100, entitled

A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending sections 2, 3, 3a, 5b, 5c, 5d, 5e, 7, 8, 9, 11a, 19, 24, 25a, 26b, 28, 29, 30, 31, 33, 35, 39, 44, 45, 46, and 48 (MCL 552.602, 552.603, 552.603a, 552.605b, 552.605c, 552.605d, 552.605e, 552.607, 552.608, 552.609, 552.611a, 552.619, 552.624, 552.625a, 552.626b, 552.628, 552.629, 552.630, 552.631, 552.633, 552.635, 552.639, 552.644, 552.645, 552.646, and 552.648), sections 2 and 3a as amended by 2004 PA 208, sections 3, 19, and 24 as amended by 2002 PA 572, section 5b as added and section 26b as amended by 2001 PA 106, section 5c as added and section 28 as amended by 2002 PA 565, section 5d as added by 2002 PA 570, section 5e as added by 2004 PA 211, sections 7, 33, and 35 as amended by 2004 PA 206, section 8 as amended by 1995 PA 236, sections 9, 11a, and 48 as amended by 1999 PA 160, section 25a as amended by 2004 PA 484, sections 29 and 30 as amended by 1998 PA 334, section 31 as amended by 2004 PA 569, and sections 44 and 45 as amended by 2002 PA 568.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families and Children’s Services,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Opsommer moved to amend the bill as follows:

1. Amend page 47, line 18, by striking out all of subdivision (G) and relettering the remaining subdivision.

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 100, entitled

A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending sections 2, 3, 3a, 5b, 5c, 5d, 5e, 7, 8, 9, 11a, 19, 24, 25a, 26b, 28, 29, 30, 31, 33, 35, 39, 44, 45, 46, and 48 (MCL 552.602, 552.603, 552.603a, 552.605b, 552.605c, 552.605d, 552.605e, 552.607, 552.608, 552.609, 552.611a, 552.619, 552.624, 552.625a, 552.626b, 552.628, 552.629, 552.630, 552.631, 552.633, 552.635, 552.639, 552.644, 552.645, 552.646, and 552.648), sections 2 and 3a as amended by 2004 PA 208, sections 3, 19, and 24 as amended by 2002 PA 572, section 5b as added and section 26b as amended by 2001 PA 106, section 5c as added and section 28 as amended by 2002 PA 565, section 5d as added by 2002 PA 570, section 5e as added by 2004 PA 211, sections 7, 33, and 35 as amended by 2004 PA 206, section 8 as amended by 1995 PA 236, sections 9, 11a, and 48 as amended by 1999 PA 160, section 25a as amended by 2004 PA 484, sections 29 and 30 as amended by 1998 PA 334, section 31 as amended by 2004 PA 569, and sections 44 and 45 as amended by 2002 PA 568.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 631 Yeas—98

Agema Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Gonzales Lipton Schmidt, W.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scott, P.

Booher Griffin Lund Scripps

Brown, L. Haase Marleau Segal

Brown, T. Hammel Mayes Sheltrown

Byrnes Hansen McDowell Slavens

Byrum Haugh Meadows Slezak

Calley Haveman Meekhof Smith

Caul Hildenbrand Melton Spade

Clemente Horn Meltzer Stamas

Corriveau Huckleberry Moore Stanley

Coulouris Jackson Moss Switalski

Crawford Johnson Nerat Tlaib

Daley Jones, Rick Neumann Tyler

Dean Jones, Robert Opsommer Valentine

Denby Kandrevas Pavlov Walsh

DeShazor Kennedy Pearce Warren

Dillon Knollenberg Polidori Womack

Donigan Kurtz Proos Young

Durhal Lahti

Nays—7

Amash Cushingberry Kowall Nathan

Constan Haines McMillin

In The Chair: Byrnes

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for and to supplement statutes that provide for the provisions and enforcement of support, health care, and parenting time orders with respect to divorce, separate maintenance, paternity, child custody and support, and spousal support; to prescribe and authorize certain provisions of those orders; to prescribe the powers and duties of the circuit court and friend of the court; to prescribe certain duties of certain employers and other sources of income; to provide for penalties and remedies; and to repeal acts and parts of acts,”

The House agreed to the full title.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

Senate Bill No. 105, entitled

A bill to amend 1846 RS 84, entitled “Of divorce,” by amending sections 23 and 24 (MCL 552.23 and 552.24), section 23 as amended and section 24 as added by 1999 PA 159.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families and Children’s Services,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. 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. 105, entitled

A bill to amend 1846 RS 84, entitled “Of divorce,” by amending sections 23 and 24 (MCL 552.23 and 552.24), section 23 as amended and section 24 as added by 1999 PA 159.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 632 Yeas—105

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Gonzales Lindberg Schmidt, R.

Bledsoe Green Lipton Schmidt, W.

Bolger Gregory Liss Schuitmaker

Booher Griffin Lori Scott, P.

Brown, L. Haase Lund Scripps

Brown, T. Haines Marleau Segal

Byrnes Hammel Mayes Sheltrown

Byrum Hansen McDowell Slavens

Calley Haugh McMillin Slezak

Caul Haveman Meadows Smith

Clemente Hildenbrand Meekhof Spade

Constan Horn Melton Stamas

Corriveau Huckleberry Meltzer Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Donigan

Nays—0

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

Senate Bill No. 106, entitled

A bill to amend 1956 PA 205, entitled “The paternity act,” by amending sections 2, 7, and 19a (MCL 722.712, 722.717, and 722.729a), section 2 as amended by 2004 PA 253, section 7 as amended by 2004 PA 209, and section 19a as added by 1999 PA 157; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families and Children’s Services,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. 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. 106, entitled

A bill to amend 1956 PA 205, entitled “The paternity act,” by amending sections 2, 7, and 19a (MCL 722.712, 722.717, and 722.729a), section 2 as amended by 2004 PA 253, section 7 as amended by 2004 PA 209, and section 19a as added by 1999 PA 157; and to repeal acts and parts of acts.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 633 Yeas—105

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Gonzales Lindberg Schmidt, R.

Bledsoe Green Lipton Schmidt, W.

Bolger Gregory Liss Schuitmaker

Booher Griffin Lori Scott, P.

Brown, L. Haase Lund Scripps

Brown, T. Haines Marleau Segal

Byrnes Hammel Mayes Sheltrown

Byrum Hansen McDowell Slavens

Calley Haugh McMillin Slezak

Caul Haveman Meadows Smith

Clemente Hildenbrand Meekhof Spade

Constan Horn Melton Stamas

Corriveau Huckleberry Meltzer Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Donigan

Nays—0

In The Chair: Byrnes

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to confer upon circuit courts jurisdiction over proceedings to compel and provide support of children born out of wedlock; to prescribe the procedure for determination of such liability; to authorize agreements providing for furnishing of such support and to provide for the enforcement thereof; and to prescribe penalties for the violation of certain provisions of this act,”

The House agreed to the full title.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

Senate Bill No. 107, entitled

A bill to amend 1966 PA 138, entitled “The family support act,” by amending sections 1, 2, and 8a (MCL 552.451, 552.452, and 552.458a), section 1 as amended by 2002 PA 8 and sections 2 and 8a as amended by 2002 PA 574; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families and Children’s Services,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. 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. 107, entitled

A bill to amend 1966 PA 138, entitled “The family support act,” by amending sections 1, 2, and 8a (MCL 552.451, 552.452, and 552.458a), section 1 as amended by 2002 PA 8 and sections 2 and 8a as amended by 2002 PA 574; and to repeal acts and parts of acts.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 634 Yeas—104

Agema Donigan Kowall Polidori

Amash Durhal Kurtz Proos

Angerer Ebli Lahti Roberts

Ball Elsenheimer LeBlanc Rocca

Barnett Espinoza Leland Rogers

Bauer Geiss Lemmons Schmidt, R.

Bledsoe Gonzales Lindberg Schmidt, W.

Bolger Green Lipton Schuitmaker

Booher Gregory Liss Scott, P.

Brown, L. Griffin Lori Scripps

Brown, T. Haase Lund Segal

Byrnes Haines Marleau Sheltrown

Byrum Hammel Mayes Slavens

Calley Hansen McDowell Slezak

Caul Haugh McMillin Smith

Clemente Haveman Meadows Spade

Constan Hildenbrand Meekhof Stamas

Corriveau Horn Melton Stanley

Coulouris Huckleberry Meltzer Switalski

Crawford Jackson Moore Tlaib

Cushingberry Johnson Moss Tyler

Daley Jones, Rick Nerat Valentine

Dean Jones, Robert Neumann Walsh

Denby Kandrevas Opsommer Warren

DeShazor Kennedy Pavlov Womack

Dillon Knollenberg Pearce Young

Nays—1

Nathan

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 confer jurisdiction upon the circuit courts to order and enforce the payment of money for the support, in certain cases, of parents having physical custody of minor children or children who have reached the age of majority and of minor children or children who have reached the age of majority by noncustodial parents and to enter orders governing custody and parenting time for those children; to provide for the termination of the effectiveness of the support orders; and to provide for the payment of fees and assessment of costs in those cases,”

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.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Haase to the Chair.

Second Reading of Bills

House Bill No. 5176, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 1 (MCL 28.291), as amended by 2008 PA 31.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 103, p. 2345),

The amendment was adopted, a majority of the members serving voting therefor.

Rep. Kandrevas 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. 5176, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 1 (MCL 28.291), as amended by 2008 PA 31.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 635 Yeas—105

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Gonzales Lindberg Schmidt, R.

Bledsoe Green Lipton Schmidt, W.

Bolger Gregory Liss Schuitmaker

Booher Griffin Lori Scott, P.

Brown, L. Haase Lund Scripps

Brown, T. Haines Marleau Segal

Byrnes Hammel Mayes Sheltrown

Byrum Hansen McDowell Slavens

Calley Haugh McMillin Slezak

Caul Haveman Meadows Smith

Clemente Hildenbrand Meekhof Spade

Constan Horn Melton Stamas

Corriveau Huckleberry Meltzer Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Donigan

Nays—0

In The Chair: Haase

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. 5177, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 35, 37, and 67 (MCL 791.235, 791.237, and 791.267), section 35 as amended by 1998 PA 315, section 37 as amended by 1994 PA 217, and section 67 as amended by 1996 PA 565, and by adding section 34b.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 103, p. 2345),

The amendment was adopted, a majority of the members serving voting therefor.

Rep. Robert Jones moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Angerer moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5177, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 35, 37, and 67 (MCL 791.235, 791.237, and 791.267), section 35 as amended by 1998 PA 315, section 37 as amended by 1994 PA 217, and section 67 as amended by 1996 PA 565, and by adding section 34b.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 636 Yeas—105

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Gonzales Lindberg Schmidt, R.

Bledsoe Green Lipton Schmidt, W.

Bolger Gregory Liss Schuitmaker

Booher Griffin Lori Scott, P.

Brown, L. Haase Lund Scripps

Brown, T. Haines Marleau Segal

Byrnes Hammel Mayes Sheltrown

Byrum Hansen McDowell Slavens

Calley Haugh McMillin Slezak

Caul Haveman Meadows Smith

Clemente Hildenbrand Meekhof Spade

Constan Horn Melton Stamas

Corriveau Huckleberry Meltzer Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Donigan

Nays—0

In The Chair: Haase

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. 5178, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2008 PA 36.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 103, p. 2346),

The amendment was adopted, a majority of the members serving voting therefor.

Rep. Amash 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. 5178, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2008 PA 36.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 637 Yeas—104

Agema Donigan Kurtz Polidori

Amash Durhal Lahti Proos

Angerer Ebli LeBlanc Roberts

Ball Elsenheimer Leland Rocca

Barnett Espinoza Lemmons Rogers

Bauer Geiss Lindberg Schmidt, R.

Bledsoe Gonzales Lipton Schmidt, W.

Bolger Green Liss Schuitmaker

Booher Gregory Lori Scott, P.

Brown, L. Griffin Lund Scripps

Brown, T. Haase Marleau Segal

Byrnes Haines Mayes Sheltrown

Byrum Hammel McDowell Slavens

Calley Hansen McMillin Slezak

Caul Haugh Meadows Smith

Clemente Haveman Meekhof Spade

Constan Hildenbrand Melton Stamas

Corriveau Horn Meltzer Stanley

Coulouris Huckleberry Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Nays—0

In The Chair: Haase

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. Angerer moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

The Speaker Pro Tempore resumed the Chair.

Second Reading of Bills

House Bill No. 5179, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14 of chapter XI (MCL 771.14), as amended by 2000 PA 279.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 103, p. 2346),

The amendment was adopted, a majority of the members serving voting therefor.

Rep. Schuitmaker 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. 5179, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14 of chapter XI (MCL 771.14), as amended by 2000 PA 279.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 638 Yeas—105

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Gonzales Lindberg Schmidt, R.

Bledsoe Green Lipton Schmidt, W.

Bolger Gregory Liss Schuitmaker

Booher Griffin Lori Scott, P.

Brown, L. Haase Lund Scripps

Brown, T. Haines Marleau Segal

Byrnes Hammel Mayes Sheltrown

Byrum Hansen McDowell Slavens

Calley Haugh McMillin Slezak

Caul Haveman Meadows Smith

Clemente Hildenbrand Meekhof Spade

Constan Horn Melton Stamas

Corriveau Huckleberry Meltzer Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Dillon Kowall Pearce Young

Donigan

Nays—0

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Durhal, Barnett, Constan, Dean, Geiss, Haugh, Huckleberry, Johnson, Robert Jones, Lemmons, Liss, Nathan, Smith, Spade, Stanley, Tlaib and Young offered the following concurrent resolution:

House Concurrent Resolution No. 35.

A concurrent resolution to urge the Secretary of the United States Department of Health and Human Services to continue the Perinatology Research Branch facility in Detroit, Michigan.

Whereas, In 1999, the National Institutes of Health (NIH) awarded a 10-year contract to house the PRB at Wayne State University. The mission of the Perinatology Research Branch (PRB) is to conduct clinical and basic research in perinatal medicine with the goal of developing diagnostic, therapeutic, and preventive strategies to improve pregnancy outcome. In addition, the mission also includes the training of physicians and scientists whose aim is to improve the healthcare of pregnant women and their unborn children; and

Whereas, The PRB has been transformational in the delivery of obstetrics care in the city of Detroit and state of Michigan. Over 15,000 pregnant women, mostly from indigent households, have received world-class care as a result of the PRB and its clinical partnership with Wayne State University. Housed in the city of Detroit, the PRB provides a racially and ethnically diverse patient population a unique and critical set of clinical access points; and

Whereas, The city of Detroit, the state of Michigan, the Detroit Medical Center, and Wayne State University have made significant investments in infrastructure to properly house the PRB at no cost to the NIH. These entities understand the value of the services the PRB brings to the region; and

Whereas, The PRB has had a tremendous economic impact on Detroit and the state of Michigan. The PRB employs over 120 individuals, mostly in high paying research and clinical positions. The PRB has also brought 150 indirect jobs due to the collaboration with Wayne State University. In addition to the jobs, the PRB has brought with it more than $200 million in federal research funds to our state over the past 10 years; and

Whereas, During the last decade, the Detroit-based PRB has had an impressive list of research accomplishments, which were made possible because of the unique resources our region has provided to the facility. The PRB has been able to collaborate with the Wayne State University School of Medicine, which is regarded as one of the top urban health research centers and an institution with a high level of expertise in obstetrics and gynecological research; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Secretary of the United States Department of Health and Human Services to continue the Perinatology Research Branch (PRB) facility in Detroit, Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the Secretary of the United States Department of Health and Human Services and to Wayne State University.

The concurrent resolution was referred to the Committee on Health Policy.

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 Tuesday, December 15:

House Bill Nos. 5698 5699 5700

Reports of Standing Committees

The Committee on Government Operations, by Rep. Constan, Chair, reported

House Bill No. 4110, entitled

A bill to designate an official Scottish tartan of this state.

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. Constan, Liss, Corriveau, Slezak, Warren, Walsh and Daley

Nays: None

The Committee on Government Operations, by Rep. Constan, Chair, reported

House Bill No. 5686, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 205 (MCL 257.205), as amended by 1980 PA 398.

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. Constan, Liss, Corriveau, Slezak, Warren, Walsh and Daley

Nays: Rep. McMillin

The Committee on Government Operations, by Rep. Constan, Chair, reported

House Resolution No. 112.

A resolution to urge the U.S. Department of State to work with Italian authorities to do all they can to maintain the Italian Consulate in Detroit.

(For text of resolution, see House Journal No. 60, p. 1216.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Constan, Liss, Corriveau, Slezak, Warren, Walsh, Daley and McMillin

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Constan, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Tuesday, December 15, 2009

Present: Reps. Constan, Liss, Corriveau, Slezak, Warren, Walsh, Daley and McMillin

Absent: Rep. Simpson

Excused: Rep. Simpson

The Committee on Public Employee Health Care Reform, by Rep. Byrnes, Chair, reported

House Bill No. 5671, entitled

A bill to require public employers to make information concerning health benefits offered to public employees available to the public; to specify the information required in the report; and to provide for duties and responsibilities of public employers and certain state agencies and officers.

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. Byrnes, Melton, Haugh, Johnson, Lahti, Pavlov, Bolger, Lori and Rogers

Nays: Rep. Stanley

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Byrnes, Chair, of the Committee on Public Employee Health Care Reform, was received and read:

Meeting held on: Tuesday, December 15, 2009

Present: Reps. Byrnes, Melton, Haugh, Johnson, Lahti, Segal, Stanley, Pavlov, Bolger, Lori and Rogers

Absent: Reps. Scripps and Genetski

Excused: Reps. Scripps and Genetski

The Committee on Ethics and Elections, by Rep. Angerer, Chair, reported

House Bill No. 4539, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509v (MCL 168.509v), as added by 1994 PA 441.

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. Angerer, Haase, Lisa Brown, Donigan and Slavens

Nays: Rep. Meltzer

The Committee on Ethics and Elections, by Rep. Angerer, Chair, reported

House Bill No. 4540, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509w and 509x (MCL 168.509w and 168.509x), as added by 1994 PA 441.

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. Angerer, Haase, Lisa Brown, Donigan and Slavens

Nays: Rep. Meltzer

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, December 16, 2009

Present: Reps. Angerer, Haase, Lisa Brown, Donigan, Slavens, Meltzer, Kurtz and Pearce

Absent: Rep. Scripps

Excused: Rep. Scripps

The Committee on New Economy and Quality of Life, by Rep. Clemente, Chair, reported

Senate Bill No. 126, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 2 (MCL 207.552), as amended by 2008 PA 581.

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. Clemente, Stanley, Byrnes, Geiss, Griffin, Leland, Segal, Knollenberg, 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, December 16, 2009

Present: Reps. Clemente, Stanley, Byrnes, Geiss, Griffin, Leland, Segal, Knollenberg, Bolger, Denby and Tyler

The Committee on Labor, by Rep. Lindberg, Chair, reported

House Bill No. 4772, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278.

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. Lindberg, Kennedy, Kandrevas, Liss, Slezak and Young

Nays: None

The Committee on Labor, by Rep. Lindberg, Chair, reported

House Bill No. 5296, entitled

A bill to require employers to provide employees with information concerning eligibility for the federal earned income tax credit.

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. Lindberg, Kennedy, Kandrevas, Liss, Slezak and Young

Nays: Reps. Daley, Haveman and McMillin

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lindberg, Chair, of the Committee on Labor, was received and read:

Meeting held on: Wednesday, December 16, 2009

Present: Reps. Lindberg, Kennedy, Kandrevas, Liss, Slezak, Young, Amash, Daley, Haveman and McMillin

Absent: Rep. Bettie Scott

Excused: Rep. Bettie Scott

The Committee on Regulatory Reform, by Rep. Johnson, Chair, reported

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.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Johnson, Haugh, Byrnes, Griffin, Melton, Stanley, Rocca and Rick Jones

Nays: Rep. Crawford

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Johnson, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, December 16, 2009

Present: Reps. Johnson, Haugh, Byrnes, Griffin, Melton, Stanley, Rocca, Crawford, Rick Jones and Stamas

Absent: Rep. Bettie Scott

Excused: Rep. Bettie Scott

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: Tuesday, December 15, 2009

Present: Reps. Clemente, Stanley, Byrnes, Geiss, Griffin, Leland, Segal, Knollenberg, Bolger, Denby and Tyler

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:

Meeting held on: Wednesday, December 16, 2009

Present: Reps. Cushingberry, Hammel, Bauer, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Lahti, LeBlanc, McDowell, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Green, Haines, Hildenbrand, Lori, Proos and Rogers

Absent: Reps. Bennett, Jackson, Miller, Genetski and Schuitmaker

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 4787, Reps. Melton, Geiss and Pavlov.

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 4788, Reps. Melton, Geiss and Pavlov.

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 926, Reps. Melton, Geiss and Pavlov.

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 981, Reps. Melton, Geiss and Pavlov.

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Intergovernmental and Regional Affairs from further consideration of Senate Bill No. 1005.

Rep. Angerer

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Intergovernmental and Regional Affairs from further consideration of Senate Bill No. 1006.

Rep. Angerer

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of Senate Bill No. 818.

Rep. Angerer

Messages from the Governor

Date: December 15, 2009

Time: 2:10 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4507 (Public Act No. 175, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 81131 (MCL 324.81131), as amended by 2008 PA 240.

(Filed with the Secretary of State December 15, 2009, at 2:41 p.m.)

Date: December 15, 2009

Time: 2:12 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5222 (Public Act No. 176, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by repealing part 317.

(Filed with the Secretary of State December 15, 2009, at 2:43 p.m.)

Date: December 15, 2009

Time: 2:16 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4234 (Public Act No. 178, I.E.), being

An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” by repealing section 2629 (MCL 339.2629).

(Filed with the Secretary of State December 15, 2009, at 2:47 p.m.)

Date: December 15, 2009

Time: 2:22 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5052 (Public Act No. 181, I.E.), being

An act to amend 1990 PA 72, entitled “An act to provide for review, management, planning, and control of the financial operation of units of local government, including school districts; to provide criteria to be used in determining the financial condition of a local government; to permit a declaration of the existence of a local government financial emergency and to prescribe the powers and duties of the governor, other state boards, agencies, and officials, and officials and employees of units of local government; to provide for a review and appeal process; to provide for the appointment and to prescribe the powers and duties of an emergency financial manager; to require the development of financial plans to regulate expenditures and investments by a local government in a state of financial emergency; to set forth the conditions for termination of a local government financial emergency; and to repeal certain acts and parts of acts,” (MCL 141.1201 to 141.1291) by adding sections 21a and 41a.

(Filed with the Secretary of State December 15, 2009, at 2:53 p.m.)

Introduction of Bills

Reps. Lahti, McDowell, Spade and Lindberg introduced

House Bill No. 5701, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

The bill was read a first time by its title and referred to the Committee on Appropriations.

Reps. Haase, Scripps, Slavens, Spade, Valentine, Liss, Bettie Scott, Robert Jones, Lemmons, Lisa Brown, Polidori, Constan, Haugh, Geiss, Dean and Cushingberry introduced

House Bill No. 5702, entitled

A bill to create the office of the legislative child fatality examiner; and to prescribe the powers and duties of the legislative child fatality examiner, the legislative council, certain state departments and officers, and certain county and private agencies serving children.

The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.

Reps. Slavens, Scripps, Spade, Valentine, Liss, Robert Jones, Bettie Scott, Lemmons, Lisa Brown, Polidori, Haugh, Geiss, Dean and Cushingberry introduced

House Bill No. 5703, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7b (MCL 722.627b), as added by 1997 PA 167.

The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.

Reps. Valentine, Scripps, Slavens, Spade, Liss, Bettie Scott, Lisa Brown, Robert Jones, Polidori, Haugh, Geiss, Dean and Cushingberry introduced

House Bill No. 5704, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7b (MCL 722.627b), as added by 1997 PA 167.

The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.

Reps. Scripps, Spade, Slavens, Valentine, Liss, Robert Jones, Bettie Scott, Lemmons, Lisa Brown, Polidori, Haugh, Geiss, Dean and Cushingberry introduced

House Bill No. 5705, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7 (MCL 722.627), as amended by 2008 PA 300.

The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.

Reps. Warren, Liss, Tlaib, Donigan and Scripps introduced

House Bill No. 5706, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 149.

The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.

Rep. McMillin introduced

House Bill No. 5707, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” (MCL 432.101 to 432.120) by adding section 10c.

The bill was read a first time by its title and referred to the Committee on Regulatory Reform.

Rep. McMillin introduced

House Bill No. 5708, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending section 9 (MCL 432.109), as amended by 2008 PA 401.

The bill was read a first time by its title and referred to the Committee on Regulatory Reform.

Rep. McMillin introduced

House Bill No. 5709, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” (MCL 432.101 to 432.120) by adding section 4b.

The bill was read a first time by its title and referred to the Committee on Regulatory Reform.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Haase to the Chair.

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 5180, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 37a.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 103, p. 2346),

The amendment was adopted, a majority of the members serving voting therefor.

Rep. Barnett 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. 5180, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 37a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 639 Yeas—72

Amash Donigan Lahti Schmidt, R.

Angerer Durhal LeBlanc Schmidt, W.

Ball Ebli Leland Scripps

Barnett Espinoza Lemmons Segal

Bauer Geiss Lindberg Sheltrown

Bledsoe Gonzales Lipton Slavens

Brown, L. Gregory Liss Slezak

Brown, T. Griffin Mayes Smith

Byrnes Haase McDowell Spade

Byrum Hammel Meadows Stamas

Caul Haugh Melton Stanley

Clemente Huckleberry Nathan Switalski

Constan Jackson Nerat Tlaib

Corriveau Johnson Neumann Valentine

Coulouris Jones, Rick Polidori Walsh

Dean Jones, Robert Proos Warren

Denby Kandrevas Roberts Womack

Dillon Kennedy Rogers Young

Nays—32

Agema Green Kurtz Moss

Bolger Haines Lori Opsommer

Booher Hansen Lund Pavlov

Calley Haveman Marleau Pearce

Crawford Hildenbrand McMillin Rocca

Daley Horn Meekhof Schuitmaker

DeShazor Knollenberg Meltzer Scott, P.

Elsenheimer Kowall Moore Tyler

In The Chair: Haase

The House agreed to the title of the bill.

Rep. Dean moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

The Speaker Pro Tempore resumed the Chair.

Second Reading of Bills

House Bill No. 5631, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3037 and 3135 (MCL 500.3037 and 500.3135), section 3037 as amended by 1980 PA 461 and section 3135 as amended by 2002 PA 697.

The bill was read a second time.

Rep. Denby moved to amend the bill as follows:

1. Amend page 6, line 13, after “Damages” by inserting “up to $1,000.00”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Haveman moved to amend the bill as follows:

1. Amend page 6, line 13, after “motor vehicles” by inserting a comma and “EXCEPT THAT DAMAGES TO MOTOR VEHICLES INSURED UNDER A LOW-COST AUTOMOBILE INSURANCE POLICY PURSUANT TO CHAPTER 32A ARE LIMITED TO $500.00”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Melton moved to amend the bill as follows:

1. Amend page 6, line 13, after “Damages” by inserting “up to $1,500.00”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Melton moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Angerer moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5631, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3037 and 3135 (MCL 500.3037 and 500.3135), section 3037 as amended by 1980 PA 461 and section 3135 as amended by 2002 PA 697.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 640 Yeas—62

Angerer Ebli LeBlanc Schmidt, R.

Barnett Espinoza Leland Scripps

Bauer Geiss Lemmons Segal

Bledsoe Gonzales Lindberg Sheltrown

Brown, L. Gregory Lipton Slavens

Brown, T. Griffin Liss Slezak

Byrnes Haase Mayes Smith

Byrum Hammel McDowell Spade

Clemente Haugh Meadows Stanley

Constan Huckleberry Melton Switalski

Corriveau Jackson Nathan Tlaib

Coulouris Johnson Nerat Valentine

Dean Jones, Robert Neumann Warren

Dillon Kandrevas Polidori Womack

Donigan Kennedy Roberts Young

Durhal Lahti

Nays—42

Agema Elsenheimer Lori Pearce

Amash Green Lund Proos

Ball Haines Marleau Rocca

Bolger Hansen McMillin Rogers

Booher Haveman Meekhof Schmidt, W.

Calley Hildenbrand Meltzer Schuitmaker

Caul Horn Moore Scott, P.

Crawford Jones, Rick Moss Stamas

Daley Knollenberg Opsommer Tyler

Denby Kowall Pavlov Walsh

DeShazor Kurtz

In The Chair: Byrnes

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 5632, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 203.

The bill was read a second time.

Rep. Scripps 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. 5632, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 203.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 641 Yeas—100

Agema Durhal Lahti Proos

Angerer Ebli LeBlanc Roberts

Ball Elsenheimer Leland Rocca

Barnett Espinoza Lemmons Rogers

Bauer Geiss Lindberg Schmidt, R.

Bledsoe Gonzales Lipton Schmidt, W.

Bolger Gregory Liss Schuitmaker

Booher Griffin Lori Scott, P.

Brown, L. Haase Lund Scripps

Brown, T. Haines Marleau Segal

Byrnes Hammel Mayes Sheltrown

Byrum Hansen McDowell Slavens

Calley Haugh McMillin Slezak

Caul Haveman Meadows Smith

Clemente Hildenbrand Meekhof Spade

Constan Horn Melton Stamas

Corriveau Huckleberry Meltzer Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Nerat Valentine

Denby Kandrevas Neumann Walsh

DeShazor Kennedy Pavlov Warren

Dillon Kowall Pearce Womack

Donigan Kurtz Polidori Young

Nays—4

Amash Green Knollenberg Opsommer

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 5633, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2111f.

The bill was read a second time.

Rep. Segal 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. 5633, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2111f.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 642 Yeas—61

Angerer Ebli Lahti Roberts

Barnett Espinoza LeBlanc Rocca

Bauer Geiss Leland Scripps

Bledsoe Gonzales Lemmons Segal

Brown, L. Gregory Lindberg Sheltrown

Brown, T. Griffin Lipton Slavens

Byrnes Haase Liss Smith

Byrum Hammel Mayes Spade

Clemente Haugh McDowell Stanley

Constan Huckleberry Meadows Switalski

Corriveau Jackson Melton Tlaib

Coulouris Johnson Nathan Valentine

Dean Jones, Robert Nerat Warren

Dillon Kandrevas Neumann Womack

Donigan Kennedy Polidori Young

Durhal

Nays—43

Agema Elsenheimer Lori Proos

Amash Green Lund Rogers

Ball Haines Marleau Schmidt, R.

Bolger Hansen McMillin Schmidt, W.

Booher Haveman Meekhof Schuitmaker

Calley Hildenbrand Meltzer Scott, P.

Caul Horn Moore Slezak

Crawford Jones, Rick Moss Stamas

Daley Knollenberg Opsommer Tyler

Denby Kowall Pavlov Walsh

DeShazor Kurtz Pearce

In The Chair: Byrnes

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 5634, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2027 (MCL 500.2027), as amended by 1998 PA 26, and by adding section 2027a.

The bill was read a second time.

Rep. Stanley 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. 5634, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2027 (MCL 500.2027), as amended by 1998 PA 26, and by adding section 2027a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 643 Yeas—57

Angerer Espinoza Leland Rocca

Barnett Geiss Lemmons Scripps

Bauer Gonzales Lindberg Segal

Brown, L. Gregory Lipton Sheltrown

Brown, T. Haase Liss Slavens

Byrnes Hammel Mayes Smith

Byrum Haugh McDowell Spade

Clemente Huckleberry Meadows Stanley

Constan Jackson Melton Switalski

Coulouris Johnson Nathan Tlaib

Dean Jones, Robert Nerat Valentine

Dillon Kandrevas Neumann Warren

Donigan Kennedy Polidori Womack

Durhal Lahti Roberts Young

Ebli

Nays—47

Agema DeShazor Kurtz Pearce

Amash Elsenheimer LeBlanc Proos

Ball Green Lori Rogers

Bledsoe Griffin Lund Schmidt, R.

Bolger Haines Marleau Schmidt, W.

Booher Hansen McMillin Schuitmaker

Calley Haveman Meekhof Scott, P.

Caul Hildenbrand Meltzer Slezak

Corriveau Horn Moore Stamas

Crawford Jones, Rick Moss Tyler

Daley Knollenberg Opsommer Walsh

Denby Kowall Pavlov

In The Chair: Byrnes

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 5635, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 503, 515, 527, and 543 (MCL 500.503, 500.515, 500.527, and 500.543), as added by 2001 PA 24, and by adding sections 504, 506, and 510; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Lisa Brown 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. 5635, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 503, 515, 527, and 543 (MCL 500.503, 500.515, 500.527, and 500.543), as added by 2001 PA 24, and by adding sections 504, 506, and 510; and to repeal acts and parts of acts.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 644 Yeas—60

Angerer Durhal Kennedy Polidori

Barnett Ebli Lahti Roberts

Bauer Espinoza LeBlanc Rocca

Bledsoe Geiss Leland Scripps

Brown, L. Gonzales Lemmons Segal

Brown, T. Gregory Lindberg Slavens

Byrnes Griffin Lipton Smith

Byrum Haase Liss Spade

Clemente Hammel Mayes Stanley

Constan Haugh McDowell Switalski

Corriveau Huckleberry Meadows Tlaib

Coulouris Jackson Melton Valentine

Dean Johnson Nathan Warren

Dillon Jones, Robert Nerat Womack

Donigan Kandrevas Neumann Young

Nays—44

Agema Elsenheimer Lori Proos

Amash Green Lund Rogers

Ball Haines Marleau Schmidt, R.

Bolger Hansen McMillin Schmidt, W.

Booher Haveman Meekhof Schuitmaker

Calley Hildenbrand Meltzer Scott, P.

Caul Horn Moore Sheltrown

Crawford Jones, Rick Moss Slezak

Daley Knollenberg Opsommer Stamas

Denby Kowall Pavlov Tyler

DeShazor Kurtz Pearce Walsh

In The Chair: Byrnes

The House agreed to the title of the bill.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Angerer moved that when the House adjourns today it stand adjourned until Thursday, December 17, at 10:00 a.m.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, December 16, for her approval of the following bills:

Enrolled House Bill No. 4327 at 2:06 p.m.

Enrolled House Bill No. 5574 at 2:08 p.m.

______

Rep. Lisa Brown moved that the House adjourn.

The motion prevailed, the time being 5:15 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, December 17, at 10:00 a.m.

RICHARD J. BROWN

Clerk of the House of Representatives

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