No. 91

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Tuesday, November 9, 2010.

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.—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 Slavens—present

Byrum—present Hansen—present Meadows—present Slezak—present

Calley—present Haugh—present Meekhof—present Smith—present

Caul—present Haveman—present Melton—present Spade—present

Clemente—present Hildenbrand—present Meltzer—present Stamas—present

Constan—present Horn—present Miller—present Stanley—present

Corriveau—present Huckleberry—present Moss—present Switalski—present

Crawford—present Jackson—present Nathan—present Tlaib—present

Cushingberry—present Johnson—present Nerat—present Tyler—present

Daley—present Jones, Rick—present Neumann—present Valentine—present

Dean—e/d/s 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. Kenneth Kurtz, from the 58th District, offered the following invocation:

“Father in Heaven, we are grateful for the opportunities to gather today as a people who care for all the people of our great state. To those who are serving here in this chamber and those who will be serving we express our gratitude in the days You have given to us and the opportunities that have been ours. We ask for Your continued wisdom and understanding. Each one of us will be making transitions. We pray that we may be conscious of Your desire to lead our thoughts, our hearts and our actions. Each one of us here in this assembly has certain burdens and cares. We all have situations and personal lives. We pray for Your mercy and Your grace and Your forgiveness in Jesus name, Amen.”

______

Rep. Angerer moved that Rep. Bettie Scott be excused from today’s session.

The motion prevailed.

Second Reading of Bills

House Bill No. 6435, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 460 (MCL 208.1460), as added by 2008 PA 335.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Energy and Technology,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Clemente moved to substitute (H-3) the bill.

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

Rep. Clemente 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. 6435, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 460 (MCL 208.1460), as added by 2008 PA 335.

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

Roll Call No. 448 Yeas—65

Angerer Ebli Leland Schmidt, R.

Ball Espinoza Lemmons Schmidt, W.

Barnett Geiss Lindberg Scripps

Bauer Gonzales Lipton Segal

Bennett Gregory Liss Sheltrown

Bledsoe Griffin Mayes Slavens

Brown, L. Haase McDowell Slezak

Brown, T. Hammel Meadows Smith

Byrnes Haugh Melton Spade

Byrum Huckleberry Miller Stanley

Clemente Jackson Nathan Switalski

Constan Johnson Nerat Tlaib

Corriveau Kandrevas Neumann Valentine

Cushingberry Kennedy Polidori Warren

Dillon Lahti Roberts Womack

Donigan LeBlanc Rocca Young

Durhal

Nays—39

Agema Elsenheimer Kowall Pavlov

Amash Genetski Kurtz Pearce

Bolger Green Lori Proos

Booher Haines Lund Rogers

Calley Hansen Marleau Schuitmaker

Caul Haveman McMillin Scott, P.

Crawford Hildenbrand Meekhof Stamas

Daley Horn Meltzer Tyler

Denby Jones, Rick Moss Walsh

DeShazor 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. 4958, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 601e.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Leland 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. Knollenberg 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. 4958, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 601e.

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

Roll Call No. 449 Yeas—73

Angerer Geiss Leland Rocca

Ball Gonzales Lemmons Rogers

Barnett Gregory Lindberg Schmidt, W.

Bauer Griffin Lipton Scripps

Bledsoe Haase Liss Segal

Brown, L. Haines Lori Sheltrown

Brown, T. Hammel Mayes Slavens

Byrnes Hansen McDowell Slezak

Byrum Haugh Meadows Smith

Clemente Huckleberry Melton Spade

Constan Jackson Miller Stanley

Corriveau Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Dillon Kandrevas Nerat Valentine

Donigan Kennedy Neumann Walsh

Durhal Knollenberg Pearce Warren

Ebli Lahti Polidori Womack

Elsenheimer LeBlanc Roberts Young

Espinoza

Nays—31

Agema Daley Kowall Pavlov

Amash Denby Kurtz Proos

Bennett DeShazor Lund Schmidt, R.

Bolger Genetski Marleau Schuitmaker

Booher Green McMillin Scott, P.

Calley Haveman Meekhof Stamas

Caul Hildenbrand Meltzer Tyler

Crawford Horn 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. 4959, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2008 PA 297.

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

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

Rep. Leland 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. Opsommer moved that Rep. Calley 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. 4959, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2008 PA 297.

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

Roll Call No. 450 Yeas—73

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Gonzales Lindberg Schmidt, W.

Bennett Gregory Lipton Scripps

Bledsoe Griffin Liss Segal

Brown, L. Haase Lori Sheltrown

Brown, T. Hammel Mayes Slavens

Byrnes Hansen McDowell Slezak

Byrum Haugh Meadows Smith

Caul Huckleberry Melton Spade

Clemente Jackson Miller Stanley

Constan Johnson Moss Switalski

Corriveau Jones, Rick Nathan Tlaib

Cushingberry Kandrevas Nerat Valentine

Dillon Kennedy Neumann Warren

Donigan Knollenberg Pearce Womack

Durhal Lahti Polidori Young

Ebli

Nays—30

Agema Genetski Lund Proos

Amash Green Marleau Schmidt, R.

Bolger Haines McMillin Schuitmaker

Booher Haveman Meekhof Scott, P.

Crawford Hildenbrand Meltzer Stamas

Daley Horn Opsommer Tyler

Denby Kowall Pavlov Walsh

DeShazor Kurtz

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.

______

Rep. Dean entered the House Chambers.

Second Reading of Bills

House Bill No. 4960, entitled

A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657).

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

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

Rep. Leland 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. 4960, entitled

A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657).

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

Roll Call No. 451 Yeas—74

Agema Ebli LeBlanc Rocca

Angerer Elsenheimer Leland Schmidt, R.

Ball Espinoza Lemmons Schmidt, W.

Barnett Geiss Lindberg Scripps

Bauer Gonzales Lipton Segal

Bennett Gregory Liss Sheltrown

Bledsoe Haase Lori Slavens

Brown, L. Hammel Mayes Slezak

Brown, T. Hansen McDowell Smith

Byrnes Haugh Meadows Spade

Byrum Horn Melton Stanley

Clemente Huckleberry Miller Switalski

Constan Jackson Nathan Tlaib

Corriveau Johnson Nerat Valentine

Cushingberry Jones, Rick Neumann Walsh

Dean Kandrevas Polidori Warren

Dillon Kennedy Proos Womack

Donigan Knollenberg Roberts Young

Durhal Lahti

Nays—30

Amash Genetski Lund Pavlov

Bolger Green Marleau Pearce

Booher Griffin McMillin Rogers

Caul Haines Meekhof Schuitmaker

Crawford Haveman Meltzer Scott, P.

Daley Hildenbrand Moss Stamas

Denby Kowall Opsommer Tyler

DeShazor Kurtz

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.

Messages from the Governor

The following line item veto message from the Governor was received and read:

Executive Office, Lansing, October 11, 2010

Michigan House of Representatives

State Capitol

Lansing, MI 48909-7514

Ladies and Gentlemen:

Today I have signed Enrolled House Bill 5872, a bill authorizing the expenditure of Michigan’s share of the federal Education Jobs Fund recently approved by the United States Congress and President Obama in Public Law 111-226. While I have signed the bill, I have disapproved Subsection (2) of the bill pursuant to Section 19 of Article V of the Michigan Constitution of 1963. The specific item veto is detailed in the attached copy of the bill, which has been filed with the Secretary of State.

I have exercised my item veto authority because Subsection (2) would allocate federal funds in a manner inconsistent with the requirements of Public Law 111-226. Under the federal law, funds received by a state must be distributed: (1) through a state’s primary funding formula; or (2) based upon local schools’ relative shares of funds under Title I of the federal Elementary and Secondary Education Act of 1965. Subsection (2) of Enrolled House Bill 5872 does neither. The United States Department of Education has indicated that this allocation is inconsistent with the requirements of Public Law 111-226 and with the application for Education Jobs Fund filed by the state of Michigan, in which the state indicated that funds would be distributed based on its primary funding formula. Failure to comply with the requirements of Public Law 111-226 likely will result in a federal audit and recoupment of funds by the federal government.

While I have disapproved Subsection (2) of Enrolled House Bill 5872, I look forward to working with the Legislature on enactment of a new appropriation for Michigan schools that allocates funds using Michigan’s primary funding formula rather than attempting to restore prior reductions in education funding in a manner that is prohibited by federal law. If we work together, we can ensure that all schools receive their fair share of this federal assistance.

Respectfully,

Jennifer M. Granholm

Governor

The bill was signed by the Governor October 11, 2010, at 4:25 p.m.

The bill was filed with the Secretary of State October 12, 2010, at 11:52 a.m. and assigned Public Act No. 205, I.E.

The question being on the passage of the disapproved item, the objections of the Governor to the contrary notwithstanding,

Rep. Angerer moved that the disapproved line item be re-referred to the Committee on Appropriations.

The motion prevailed.

The following line item veto message from the Governor was received and read:

Executive Office, Lansing, September 30, 2010

Michigan House of Representatives

State Capitol

Lansing, Michigan 48909

Ladies and Gentlemen:

Today I have signed Enrolled House Bill 5880, the Fiscal Year 2011 General Government budget bill, providing funding for the departments of Attorney General, Civil Rights, State, Technology, Management and Budget, Treasury, as well as the Executive Office, Legislature, and Legislative Auditor General. This budget will provide over $3 billion in funding for the necessary operations of government in the state of Michigan, including over $1 billion in vital revenue sharing grants to our local governments.

I am, however, returning it to you because of one item of which I disapprove, pursuant to Article V, Section 19 of the Michigan Constitution of 1963. The specific veto is contained in the attached copy of the bill, which has been filed with the Secretary of State. I have disapproved proposed appropriations in section 314 because the language effectively authorizes spending in excess of target agreements set for the Department of Attorney General.

While I found it necessary to disapprove a portion of this bill, I thank the Legislature for its work on completing the Fiscal Year 2011 General Government budget bill.

Respectfully,

Jennifer M. Granholm

Governor

The bill was signed by the Governor September 30, 2010, at 5:05 p.m.

The bill was filed with the Secretary of State September 30, 2010, at 5:56 p.m. and assigned Public Act No. 191, I.E.

The question being on the passage of the disapproved item, the objections of the Governor to the contrary notwithstanding,

Rep. Angerer moved that the disapproved line item be re-referred to the Committee on Appropriations.

The motion prevailed.

The following line items veto message from the Governor was received and read:

Executive Office, Lansing, September 30, 2010

Michigan House of Representatives

State Capitol

Lansing, MI 48909-7536

Ladies and Gentlemen:

I have signed Enrolled House Bill 5882, which authorizes expenditures by the Department of Human Services (DHS) for the fiscal year ending September 30, 2011. I have, however, have disapproved several items pursuant to Section 19 of Article V of the Michigan Constitution of 1963. The item vetoes are detailed in the attached copy of the bill, which has been filed with the Secretary of State.

This bill appropriates nearly $7 billion in total funding, representing a large increase over fiscal year 2010, largely because of dramatic growth in the 100% federally funded food assistance program caseload. It also includes adequate funding to support the department’s child welfare improvement efforts and critical public assistance programs.

However, the enrolled bill contains funding for a number of program enhancements that were not included in my Executive Recommendation and that I do not support.

I have disapproved the following proposed appropriations that earmark funding for special projects that cannot be supported while other critical programs are being reduced: Sections 423(1), 423(3), 587, 676, 683, and 1104.

I have disapproved the proposed appropriations in Sections 288, 573 and 581 for increased provider payments as they cannot be sustained given our challenging fiscal situation.

I have disapproved Section 696 as the funding appropriated is not sufficient to support programming.

To provide direction regarding the implementation of this appropriations act, I note the following:

• Section 691: To the extent that this section attempts to amend the Social Welfare Act without republication, it violates Section 25 of Article IV of the Michigan Constitution of 1963 and is unenforceable. Further the added provision for public assistance eligibility specified in the section violates federally established requirements for food assistance program eligibility and cannot be implemented.

I appreciate the effort it has taken to create this budget, even though I disagree with certain provisions. Thank you for presenting me with this budget.

Respectfully,

Jennifer M. Granholm

Governor

The bill was signed by the Governor September 30, 2010, at 5:00 p.m.

The bill was filed with the Secretary of State September 30, 2010, at 5:54 p.m. and assigned Public Act No. 190, I.E.

The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,

Rep. Angerer moved that the disapproved line items be re-referred to the Committee on Appropriations.

The motion prevailed.

The following line items veto message from the Governor was received and read:

Executive Office, Lansing, September 30, 2010

Michigan House of Representatives

State Capitol

Lansing, Michigan 48933

Ladies and Gentlemen:

Today I have signed Enrolled House Bill 5884 providing over $1.2 billion in appropriations for the Department of Energy, Labor, and Economic Growth for the fiscal year ending September 30, 2011. I have, however, disapproved items pursuant to Section 19 of Article V of the Michigan Constitution of 1963. The item vetoes are detailed in the attached copy of the bill, which has been filed with the Secretary of State.

I have disapproved proposed appropriations totaling $355,000 for an occupational safety training grant, an allocation for the Michigan After-School Partnership, and two workforce development grants under Sections 342, 704, 719, and 818 of the bill. These earmarks would undermine the Department’s competitive process for awarding grants and impede the prioritization of workforce training funds needed to help improve the job skills of displaced workers.

To provide direction regarding the implementation of this appropriations act, I note the following:

• Consistent with my duty to assure that laws are faithfully executed under Section 8 of Article V of the Michigan Constitution of 1963, when a governor is concerned that a provision in an appropriations bill is unconstitutional, it is appropriate to express that concern. See, for example, OAG, 2009-2010, No 7225 (February 27, 2009). A governor has no less a solemn obligation than does the judiciary to consider the constitutionality of his or her every act. Accordingly, to the extent that Section 341 of the bill modifies or amends the provisions of the Michigan Occupational Safety and Health Act, 1974 PA 154, MCL 408.1001 to 408.1094, this section is in contravention of Section 25 of Article IV of the Michigan Constitution of 1963 and unenforceable.

• Section 332 of the bill requires the department to complete a contracting process related to the unemployment insurance computer system by April 11, 2011. This condition cannot be imposed on the department given that existing law vests such procurement authority in the Department of Technology, Management and Budget.

I thank the Legislature for its work on this budget for the Department of Energy, Labor, and Economic Growth.

Sincerely,

Jennifer M. Granholm

Governor

The bill was signed by the Governor September 30, 2010, at 1:48 p.m.

The bill was filed with the Secretary of State September 30, 2010, at 5:46 p.m. and assigned Public Act No. 186, I.E.

The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,

Rep. Angerer moved that the disapproved line items be re-referred to the Committee on Appropriations.

The motion prevailed.

The following line items veto message from the Governor was received and read:

Executive Office, Lansing, September 30, 2010

Michigan House of Representatives

State Capitol

Lansing, Michigan 48909-7514

Ladies and Gentlemen:

Today I have signed Enrolled House Bill 5889 authorizing the expenditure of $3.2 billion by the Department of Transportation in the fiscal year that ends on September 30, 2011. I have, however, disapproved of items pursuant to Section 19 of Article V of the Michigan Constitution of 1963. The specific item vetoes are detailed in the attached copy of the bill, which has been filed with the Secretary of State.

I have exercised my item veto authority to eliminate the following unnecessary items: (1) Section 306(3), which would mandate the State Treasurer to develop an alternative cost allocation plan for motor fuel tax collections; (2) Section 394, requiring the department to conduct a study which was completed and published by the department as part of the requirements of PA 116 of 2009; (3) Section 399, and the corresponding $100 line-item, which does not provide sufficient resources to implement the program; and (4) Section 608, providing for two additional unneeded timber truck inspection stations.

To provide direction regarding the implementation of this appropriations act, I note the following:

• Section 709 (2) of House Bill 5889 purports to require that any changes in an essential corridor list for bus routes be approved by House and Senate Appropriations Subcommittees on Transportation. As the Legislature lacks the constitutional authority to delegate administrative or legislative duties to a subcommittee of the legislature, this provision appears to violate Const 1963, art 3, § 2, Const 1963, art 4, § 26, and Const 1963, art 4, § 33, and is unenforceable.

I thank the Legislature for presenting a fiscal year 2011 budget for the Department of Transportation. I am pleased that we were able to work together in order to match all of the available federal aid and I look forward to continuing to work towards a long-term solution to the impending funding shortfalls faced by the department.

Respectfully,

Jennifer M. Granholm

Governor

The bill was signed by the Governor September 30, 2010, at 5:08 p.m.

The bill was filed with the Secretary of State September 30, 2010, at 5:58 p.m. and assigned Public Act No. 192, I.E.

The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,

Rep. Angerer moved that the disapproved line items be re-referred to the Committee on Appropriations.

The motion prevailed.

The following veto message from the Governor was received and read:

Executive Office, Lansing, October 12, 2010

Michigan House of Representatives

State Capitol

Lansing, Michigan 48909-7514

Ladies and Gentleman:

As presented, Enrolled House Bill 6007 would modernize many elements of the Michigan Liquor Control Code of 1998 (“Code”) in ways that would benefit the hospitality and tourism industry in this state, including the growing craft brewery and winery sectors of the Michigan economy. I wholeheartedly support provisions of the bill that would expand options for consumers to purchase alcoholic beverages, including on Sundays and holidays, enable Michigan wineries and craft breweries to increase exposure for their products, and protect Michigan consumers and job providers by safeguarding Michigan’s three-tier system for the distribution and sale of alcoholic beverages.

While these important reforms are included in Enrolled House Bill 6007, other provisions of the bill potentially would undermine protections under Michigan’s three-tier system, establish a new, unlevel playing field on which some Michigan businesses would be forced to compete, and diminish otherwise positive elements of the legislation. These concerns were not addressed, and may have been exacerbated by, the abbreviated legislative debate on the bill. Three provisions of the bill are particularly problematic.

First, Section 545 would enable an unlimited number of Michigan restaurants and other food establishments to sell and deliver alcoholic liquor directly to consumers at off-premises locations. While this change undoubtedly would benefit the restaurant industry, it also would be highly detrimental to many small businesses currently authorized to sell alcoholic beverages for off-premises consumption by consumers. These same job providers recently saw their business curtailed by the enactment of Public Act 474 of 2008, which prohibited them from delivering to customers at off-premises locations. Public Act 474 was necessitated by a ruling of the United States District Court for the Eastern District of Michigan holding that provisions of the Code that enabled only in-state retailers to deliver alcoholic beverages directly to consumers were unconstitutional. The Court indicated that laws requiring an “entity to maintain residency in the home state ‘in order to compete on equal terms’ with in-state businesses violate the Commerce Clause.” Within days of that decision, the Legislature presented me with a bill prohibiting all retailers, both in-state and out-state, from delivering alcoholic beverages to Michigan consumers. Proponents of the 2008 legislation argued that it was necessary to prevent a flood of unregulated out-of-state liquor from entering Michigan and undermining the protections of the three-tier system. I signed that bill into law. Unfortunately, Section 545 of Enrolled House Bill 6007 would leave Michigan vulnerable to a similar legal challenge, increasing the risk of costly litigation. If the bill is enacted, in-state food establishments would be authorized to deliver alcoholic liquor directly to consumers but out-state food establishments would not. This directly contradicts the rationale for Public Act 474. Either that rationale remains and the Commerce Clause still requires that in-state food establishments be treated in the same manner as out-state food establishments or the rationale no longer applies and the restriction on the delivery of alcoholic liquor by in-state retailers imposed under Public Act 474 should be lifted. Unfortunately, this legislation does neither.

Second, Section 513 appears to be a local or special act with applicability limited only to specifically designated universities and community colleges. Because Section 29 of Article IV of the Michigan Constitution of 1963 prohibits the Legislature from passing a local or special act in any case where a general act can be made applicable, this provision is vulnerable to a constitutional challenge and increases the risk of costly litigation. The licenses authorized under Section 513 could instead be enabled by generally applicable language, eliminating this vulnerability and providing greater certainty to the entities affected.

Third, Section 537 would authorize the provision of free samples of wine totaling up to nine ounces. I believe this amount is too high. I could support a lower amount consistent with lower free sample sizes authorized in other states.

Accordingly, as provided under Section 33 of Article IV of the Michigan Constitution of 1963, I disapprove Enrolled House Bill 6007 and return the legislation without signature. I look forward to working with the Legislature to enact revised legislation that addresses the concerns raised while continuing to benefit consumers and businesses in Michigan.

Respectfully,

Jennifer M. Granholm

Governor

The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,

Rep. Angerer moved that the bill be re-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. Neumann, Ball, Polidori, Barnett, Gonzales, Spade and Valentine offered the following resolution:

House Resolution No. 339.

A resolution to memorialize Congress to require federally regulated financial institutions to disclose to customers all of the ramifications of creating joint accounts.

Whereas, Joint financial accounts create a potential threat of misuse. Many people have granted family members and other people they trust joint access to their accounts, only to have their trust betrayed, and their money used against their wishes. Senior citizens are particularly vulnerable as they seek assistance with their finances in their retirement years and at a time when health issues may increase; and

Whereas, Senior citizens and others are often unaware of the ramifications of opening a joint account with another person. In particular, joint account holders may withdraw funds from an account without the permission or knowledge of another account holder. In addition, the account becomes the sole property of surviving account holders upon the death of another account holder; and

Whereas, Banks and other financial institutions should bear some responsibility in making sure that people opening a joint account fully understand the scope of each account holder’s authority. Proper disclosure is a modest action, with potentially significant benefits, to prevent unscrupulous individuals from preying on vulnerable members of our society; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress to require federally regulated financial institutions to disclose to customers prior to issuing a joint account all of the ramifications of creating joint accounts; 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 Banking and Financial Services.

Rep. Caul offered the following resolution:

House Resolution No. 340.

A resolution to declare November 2010 as Naval Sea Cadet Corps Month in the state of Michigan.

Whereas, The Naval Sea Cadet Corps is endorsed by the United States Navy, United States Marine Corps, and the United States Coast Guard; and

Whereas, The Naval Sea Cadet Corps introduces youth from the ages of 13-17 to naval life; and

Whereas, This introduction serves to instill values such as patriotism and courage while promoting a lifestyle free of drugs and gangs; and

Whereas, The Naval Sea Cadet Corps provides numerous educational opportunities to its members, including, but not limited to, scuba school, marksmanship training, aviation training, and introductions to the medical and legal fields; and

Whereas, September 10th marked the Naval Sea Cadet Corps 48th year of distinguished service; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare November 2010 as Naval Sea Cadet Corps Month in the state of Michigan. The members honor the positive impact that the Naval Sea Cadet Corps have made in Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the officials of the national office of the United States Naval Sea Cadet Corps as evidence of the highest esteem of the members of the Michigan Legislature.

The question being on the adoption of the resolution,

The resolution was adopted.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members on Thursday, November 4:

Senate Bill No. 1580

The Clerk announced the enrollment printing and presentation to the Governor on Friday, November 5, for her approval of the following bills:

Enrolled House Bill No. 5473 at 2:38 p.m.

Enrolled House Bill No. 5520 at 2:40 p.m.

The Clerk announced that the following Senate bills had been received on Tuesday, November 9:

Senate Bill Nos. 825 1247 1376 1377 1378 1413 1421 1456 1475 1482 1506 1527 1529

The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, November 9:

Senate Bill Nos. 1581 1582 1583

Reports of Standing Committees

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported

House Bill No. 4155, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending the title and sections 5f, 5k, and 5o (MCL 28.425f, 28.425k, and 28.425o), the title as amended and section 5k as added by 2000 PA 381, section 5f as amended by 2008 PA 194, and section 5o as amended by 2008 PA 407.

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. Sheltrown, Slezak, Ebli, Huckleberry, LeBlanc, Lindberg, Stanley, Stamas, Hansen and Horn

Nays: None

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported

House Bill No. 4156, 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.

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. Sheltrown, Slezak, Ebli, Huckleberry, LeBlanc, Lindberg, Stanley, Stamas, Hansen and Horn

Nays: None

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported

House Bill No. 4164, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2008 PA 538.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Sheltrown, Slezak, Ebli, Huckleberry, LeBlanc, Lindberg, Stanley, Stamas, Hansen and Horn

Nays: None

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported

House Bill No. 6384, entitled

A bill to define, develop, and regulate raising of pigs as an agricultural enterprise in this state; to provide powers and duties of certain state agencies and departments; and to provide for certain penalties and remedies.

With the recommendation that the bill be referred to the Committee on Agriculture.

Favorable Roll Call

To Report Out:

Yeas: Reps. Sheltrown, Slezak, Ebli, Huckleberry, LeBlanc, Lindberg, Stanley, Stamas, Hansen and Horn

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Agriculture.

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported

House Bill No. 6385, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103 and 41102 (MCL 324.40103 and 324.41102), as amended by 2000 PA 191.

With the recommendation that the bill be referred to the Committee on Agriculture.

Favorable Roll Call

To Report Out:

Yeas: Reps. Sheltrown, Slezak, Ebli, Huckleberry, LeBlanc, Lindberg, Stanley, Stamas, Hansen and Horn

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Agriculture.

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported

House Bill No. 6386, entitled

A bill to amend 2000 PA 190, entitled “Privately owned cervidae producers marketing act,” by amending section 5 (MCL 287.955), as amended by 2006 PA 561.

With the recommendation that the bill be referred to the Committee on Agriculture.

Favorable Roll Call

To Report Out:

Yeas: Reps. Sheltrown, Slezak, Ebli, Huckleberry, LeBlanc, Lindberg, Stanley, Stamas, Hansen and Horn

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Agriculture.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:

Meeting held on: Tuesday, November 9, 2010

Present: Reps. Sheltrown, Slezak, Ebli, Huckleberry, LeBlanc, Lindberg, Stanley, Stamas, Hansen and Horn

Absent: Rep. Bolger

Excused: Rep. Bolger

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 6407, entitled

A bill to provide for the preservation of certain economic development rates or contracts; to provide for the adoption of certain rate-making policies for certain electric utilities; and to prescribe the powers and duties of certain state agencies and officials.

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. Mayes, Geiss, Ebli, Huckleberry, Johnson, Lindberg, Lipton, Melton, Scripps, Horn, Crawford, Opsommer and Wayne Schmidt

Nays: Rep. Roberts

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Mayes, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Tuesday, November 9, 2010

Present: Reps. Mayes, Geiss, Lisa Brown, Ebli, Huckleberry, Johnson, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Wayne Schmidt and Schuitmaker

Absent: Reps. Clemente and Proos

Excused: Reps. Clemente and Proos

The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported

House Bill No. 6251, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 1 (MCL 125.1651), as amended by 2008 PA 225.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Donigan, Barnett, Bledsoe, Kennedy, Young and Wayne Schmidt

Nays: Reps. Lund and Denby

The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported

Senate Bill No. 395, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24c (MCL 211.24c), as amended by 2003 PA 247.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Donigan, Barnett, Bledsoe, Young, Lund and Denby

Nays: None

The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported

Senate Bill No. 715, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending section 154 (MCL 280.154).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Donigan, Kennedy, Young, Lund, Denby and Wayne Schmidt

Nays: None

The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported

Senate Bill No. 1234, entitled

A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending section 3 (MCL 125.2873), as amended by 2007 PA 44.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Donigan, Barnett, Bledsoe, Kennedy, Young, Denby and Wayne Schmidt

Nays: Rep. Lund

The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported

Senate Bill No. 1235, entitled

A bill to amend 1948 (1st Ex Sess) PA 31, entitled “An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district’s boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district’s boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district’s boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies,” by amending the title and section 1 (MCL 123.951), the title as amended by 1998 PA 190 and section 1 as amended by 1993 PA 121.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Donigan, Barnett, Bledsoe, Kennedy, Young, Denby and Wayne Schmidt

Nays: Rep. Lund

The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported

Senate Bill No. 1236, entitled

A bill to amend 1978 PA 255, entitled “Commercial redevelopment act,” by amending sections 3 and 4 (MCL 207.653 and 207.654), as amended by 2008 PA 227.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Donigan, Barnett, Bledsoe, Kennedy, Young, Lund, Denby and Wayne Schmidt

Nays: None

The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported

Senate Bill No. 1238, entitled

A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 1 (MCL 125.1801), as amended by 2008 PA 453.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Donigan, Barnett, Bledsoe, Kennedy, Young, Denby and Wayne Schmidt

Nays: Rep. Lund

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Donigan, Chair, of the Committee on Intergovernmental and Regional Affairs, was received and read:

Meeting held on: Tuesday, November 9, 2010

Present: Reps. Donigan, Barnett, Bledsoe, Kennedy, Young, Lund, Denby and Wayne Schmidt

Absent: Reps. Haugh and Meekhof

Excused: Reps. Haugh and Meekhof

Messages from the Senate

House Bill No. 6196, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 720, 725, 726, 727, 728, 729, and 734 (MCL 339.720, 339.725, 339.726, 339.727, 339.728, 339.729, and 339.734), sections 720, 728, and 734 as amended by 2008 PA 161, sections 725 and 729 as amended by 2007 PA 1, and sections 726 and 727 as added by 1997 PA 10.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Senate Bill No. 825, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 640 (MCL 500.640), as amended by 1992 PA 182.