No. 47
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Wednesday, May 27, 2009.
10:30 a.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—excused Lahti—present Proos—present
Amash—present Ebli—present LeBlanc—present Roberts—present
Angerer—present Elsenheimer—present Leland—present Rocca—present
Ball—present Espinoza—present Lemmons—present Rogers—present
Barnett—present Geiss—present Lindberg—present Schmidt, R.—present
Bauer—present Genetski—present Lipton—present Schmidt, W.—present
Bennett—present Gonzales—present Liss—present Schuitmaker—present
Bledsoe—present Green—present Lori—present Scott, B.—present
Bolger—present Gregory—present Lund—present Scott, P.—present
Booher—excused Griffin—present Marleau—present Scripps—present
Brown, L.—present Haase—present Mayes—present Segal—present
Brown, T.—present Haines—present McDowell—present Sheltrown—present
Byrnes—present Hammel—present McMillin—present Simpson—present
Byrum—present Hansen—present Meadows—excused 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—excused Miller—present Stamas—present
Corriveau—present Huckleberry—present Moore—present Stanley—present
Coulouris—present Jackson—present Moss—present Switalski—present
Crawford—present Johnson—e/d/s Nathan—excused Tlaib—present
Cushingberry—e/d/s 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. Rick Jones, from the 71st District, offered the following invocation:
“Heavenly Father, our nation just celebrated Memorial Day. Remind us to remember every man and woman who has served our nation in the time of crisis. Heavenly Father, the state of Michigan is in crisis today. We don’t have enough funds to do all that we would like to do. Help us to make the appropriate cuts and cut the boondoggles that we don’t need. In Jesus’ name, Amen.”
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Jackson to the Chair.
Rep. Opsommer moved that Reps. Booher and Horn be excused from today’s session.
The motion prevailed.
Rep. Angerer moved that Reps. Durhal, Meadows and Nathan be excused from today’s session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4205, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 394b.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Transportation (for amendments, see House Journal No. 39, p. 818),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Pearce 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. 4205, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 394b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 262 Yeas—102
Agema Elsenheimer Leland Rocca
Angerer Espinoza Lemmons Rogers
Ball Geiss Lindberg Schmidt, R.
Barnett Genetski Lipton Schmidt, W.
Bauer Gonzales Liss Schuitmaker
Bennett Green Lori Scott, B.
Bledsoe Gregory Lund Scott, P.
Bolger Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meekhof Slavens
Calley Haugh Melton Slezak
Caul Haveman Meltzer Smith
Clemente Hildenbrand Miller Spade
Constan Huckleberry Moore Stamas
Corriveau Jackson Moss Stanley
Coulouris Jones, Rick Nerat Switalski
Crawford Jones, Robert Neumann Tlaib
Daley Kandrevas Opsommer Tyler
Dean Kennedy Pavlov Valentine
Denby Knollenberg Pearce Walsh
DeShazor Kowall Polidori Warren
Dillon Kurtz Proos Womack
Donigan Lahti Roberts Young
Ebli LeBlanc
Nays—1
Amash
In The Chair: Jackson
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. 108, entitled
A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending section 3 (MCL 432.103), as amended by 2008 PA 401.
The bill was read a second time.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Cushingberry entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 108, entitled
A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending section 3 (MCL 432.103), as amended by 2008 PA 401.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 263 Yeas—104
Agema Donigan Lahti Roberts
Amash Ebli LeBlanc Rocca
Angerer Elsenheimer Leland Rogers
Ball Espinoza Lemmons Schmidt, R.
Barnett Geiss Lindberg Schmidt, W.
Bauer Genetski Lipton Schuitmaker
Bennett Gonzales Liss Scott, B.
Bledsoe Green Lori Scott, P.
Bolger Gregory Lund Scripps
Brown, L. Griffin Marleau Segal
Brown, T. Haase Mayes Sheltrown
Byrnes Haines McDowell Simpson
Byrum Hammel McMillin Slavens
Calley Hansen Meekhof Slezak
Caul Haugh Melton Smith
Clemente Haveman Meltzer Spade
Constan Hildenbrand Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Jackson Moss Switalski
Crawford Jones, Rick Nerat Tlaib
Cushingberry Jones, Robert Neumann Tyler
Daley Kandrevas Opsommer Valentine
Dean Kennedy Pavlov Walsh
Denby Knollenberg Pearce Warren
DeShazor Kowall Polidori Womack
Dillon Kurtz Proos Young
Nays—0
In The Chair: Jackson
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to license and regulate the conducting of bingo, millionaire parties, and certain other forms of gambling; to provide for the conducting of charity games, raffles, and numeral games; to provide for exemptions from licensing requirements under certain circumstances; to impose certain duties and authority upon certain state departments, agencies, and officers; to provide a tax exemption; and to provide penalties,”
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
Pending the Second Reading of
Senate Bill No. 362, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 216 and 719a (MCL 257.216 and 257.719a), section 216 as amended by 2008 PA 539 and section 719a as amended by 1996 PA 136, and by adding sections 38a, 49a, and 74a.
Rep. Angerer moved that the bill be re-referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4757, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 40107b.
Rep. Angerer moved that the bill be re-referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
The motion prevailed.
Rep. Johnson entered the House Chambers.
______
Rep. Angerer moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, May 27:
House Bill Nos. 4986 4987 4988 4989 4990 4991 4992 4993 4994 4995 4996 4997 4998 4999
5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010
Senate Bill Nos. 608 609
The Clerk announced that the following Senate bills had been received on Wednesday, May 27:
Senate Bill Nos. 585 586 587 588
Reports of Standing Committees
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, May 27, 2009
Present: Reps. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer, Kurtz and Pearce
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ebli, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, May 27, 2009
Present: Reps. Ebli, Melton, Barnett, Coulouris, Robert Jones, Kandrevas, Lipton, Mayes, Slezak, Warren, Calley, Kowall, Lund, Meekhof, Meltzer, Stamas and Walsh
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, May 27, 2009
Present: Reps. Clemente, Stanley, Byrnes, Geiss, Griffin, Leland, Segal, Knollenberg, Bolger, Denby and Tyler
Messages from the Senate
House Bill No. 4308, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies and capital outlay for the fiscal year ending September 30, 2009; and to provide for the expenditure of the appropriations.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2009; and to provide for the expenditure of the appropriations.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 585, entitled
A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending sections 5 and 19 (MCL 141.1355 and 141.1369).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 586, entitled
A bill to amend 1987 PA 264, entitled “Health and safety fund act,” by amending section 5 (MCL 141.475), as amended by 2008 PA 586.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 587, entitled
A bill to amend 1985 PA 106, entitled “State convention facility development act,” by amending sections 3, 8, 9, 10, and 12 (MCL 207.623, 207.628, 207.629, 207.630, and 207.632), as amended by 2008 PA 553.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 588, entitled
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 7 (MCL 12.257), as amended by 2008 PA 256.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Explanation of “No” Votes
Rep. Bledsoe, having reserved the right to explain his protest against the passage of House Bill No. 4377, made the following statement:
“Mr. Speaker and members of the House:
Aside from a few introductions of guests, this marks the first time that I have spoken on the House floor. I hope my colleagues take this as a sign of the importance I attach to this matter.
I rise today to oppose the bill before us.
A few weeks ago with a constituent of mine called my office in tears. She had recently been diagnosed with lung cancer and she had never smoked in her life. She had, however, spent considerable time in smoked-filled places and was convinced, with good reason, that this second hand smoke was responsible for her cancer.
We find ourselves at a fork in the road regarding second hand cigarette smoke in Michigan. The passage of the bill before us takes us down the same failed path that the previous House took on this issue last year.
On the other hand, passage of a comprehensive smoking ban offers real hope for a successful outcome as we deal with the other chamber on this issue.
Those opposed to a smoking ban assert that a ban would cost thousands of jobs in restaurants, bars, and casinos. Based on the experiences of the 35 other states that have adopted smoking bans, there is no evidence, I repeat, NO evidence of job loss associated with the banning of smoking in these public places. To suggest that an economic calamity will result is wildly speculative, and borders on fear mongering.
On the other hand, there is nothing speculative about the damaging health effects that result from second hand tobacco smoke. The U.S. Environmental Protection Agency (EPA), the U.S. National Toxicology Program (NTP), the U.S. Surgeon General, and the International Agency for Research on Cancer (IARC) have all classified secondhand smoke as a known human carcinogen. According to scientific research, for every eight deaths attributed to cigarette smoking in the United States, a ninth death is added that is attributable to inhaling second hand smoke.
To once again fail to ban smoking in public places leaves us in the company of states like Kentucky, Mississippi, West Virginia, and South Carolina.
Rejection of this particular bill in favor of a comprehensive ban that offers real prospects for success finds us in the company of states like California, Connecticut, Illinois, Iowa, Massachusetts, Minnesota, New York, Ohio, Washington, and Wisconsin.
I understand that the bill currently before us has exactly two-cosponsors, while the comprehensive smoking ban enjoys 33 cosponsors, including me.
As I address you today I do so on behalf of the hundreds of thousands of citizens of this state who want to see a smoking ban, but who lack the organization and resources of the powerful special interests in our state. Please, don’t let their voices go unheard because they lack a strong organization and a well-funded political action committee. Don’t turn your backs on the thousands of employees who often work 40 hours a week in unhealthy, smoke-filled workplaces.
Thinking about how we are repeating the same failed strategy of last year as we vote on a nearly identical bill again this year, I am reminded of the saying:
Fool me once, shame on you.
Fool me twice, shame on me.
Don’t be fooled a second time into thinking that we can send the other chamber anything less than a comprehensive smoking ban. Don’t find yourselves ashamed as you try to explain to your constituents our inability to successfully address this issue. Join me in voting against this bill that will again take us down the path to failure so that we can take up a comprehensive ban on in-door smoking in public places in Michigan.”
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Rep. Mayes moved that the House adjourn.
The motion prevailed, the time being 11:55 a.m.
Associate Speaker Pro Tempore Jackson declared the House adjourned until Thursday, May 28, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives
972 JOURNAL OF THE HOUSE [May 27, 2009] [No. 47
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974 JOURNAL OF THE HOUSE [May 27, 2009] [No. 47
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976 JOURNAL OF THE HOUSE [May 27, 2009] [No. 47
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