No. 51

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

House Chamber, Lansing, Thursday, June 4, 2009.

12:00 Noon.

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

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Agema—present Durhal—present Lahti—present Proos—present

Amash—present Ebli—present LeBlanc—present Roberts—present

Angerer—present Elsenheimer—present Leland—present Rocca—present

Ball—present Espinoza—present Lemmons—present Rogers—present

Barnett—present Geiss—present Lindberg—present Schmidt, R.—present

Bauer—present Genetski—present Lipton—present Schmidt, W.—present

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

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

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

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

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

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

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

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

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

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

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

Constan—present Horn—present Miller—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—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. Jeff Mayes, from the 96th District, offered the following invocation:

“Dear heavenly Father, as we gather to do the work of the people of Michigan, we pray that You grant us wisdom and humility as we approach our work.

We ask for Your guidance as we work to better the lives of every man, woman and child who call this state home.

We pray for the families who are struggling to make ends meet, and the thousands who live under a cloud of uncertainty and fear as our Michigan automakers work to restructure.

Please deliver us from anger and strife and provide us the grace to come together as we attempt to solve our many problems.

We give thanks that we’ve been bestowed with this enormous responsibility and opportunity to guide our state through these stormy times.

In Your name, we offer this prayer.

Amen.”

______

Rep. Angerer moved that Reps. Byrnes and Miller be excused from today’s session.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 280, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 41301, 41305, 41306, 41309, 41311, 41313, and 41323 (MCL 324.41301, 324.41305, 324.41306, 324.41309, 324.41311, 324.41313, and 324.41323), section 41301 as amended by 2005 PA 77, section 41305 as amended and section 41306 as added by 2005 PA 79, section 41309 as amended by 2005 PA 76, sections 41311 and 41313 as added by 2005 PA 80, and section 41323 as added by 2005 PA 75; 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-2) previously recommended by the Committee on Great Lakes and Environment,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Warren moved to amend the bill as follows:

1. Amend page 1, line 4, by striking out all of subdivision (A) and relettering the remaining subdivisions.

The motion prevailed and the amendment 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.

______

Rep. Angerer moved that Rep. Corriveau be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 280, entitled

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

Roll Call No. 276 Yeas—105

Agema Espinoza LeBlanc Roberts

Angerer Geiss Leland Rocca

Ball Genetski Lemmons Rogers

Barnett Gonzales Lindberg Schmidt, R.

Bauer Green Lipton Schmidt, W.

Bennett Gregory Liss Schuitmaker

Bledsoe Griffin Lori Scott, B.

Bolger Haase Lund Scott, P.

Booher Haines Marleau Scripps

Brown, L. Hammel Mayes Segal

Brown, T. Hansen McDowell Sheltrown

Byrum Haugh McMillin Simpson

Calley Haveman Meadows Slavens

Caul Hildenbrand Meekhof Slezak

Clemente Horn Melton Smith

Constan Huckleberry Meltzer Spade

Coulouris Jackson Moore Stamas

Crawford Johnson Moss Stanley

Daley Jones, Rick Nathan Switalski

Dean Jones, Robert Nerat Tlaib

Denby Kandrevas Neumann Tyler

DeShazor Kennedy Opsommer Valentine

Dillon Knollenberg Pavlov Walsh

Donigan Kowall Pearce Warren

Durhal Kurtz Polidori Womack

Ebli Lahti Proos Young

Elsenheimer

Nays—1

Amash

In The Chair: Espinoza

The question being on agreeing to the title of the bill,

Rep. Angerer moved to amend the title to read as follows:

A bill to amend 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 41301 (MCL 324.41301), as amended by 2005 PA 77; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

Senate Bill No. 416, entitled

A bill to amend 2005 PA 92, entitled “School bond qualification, approval, and loan act,” by amending section 9 (MCL 388.1929), as amended by 2006 PA 71.

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. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker

Nays: None

Second Reading of Bills

Senate Bill No. 416, entitled

A bill to amend 2005 PA 92, entitled “School bond qualification, approval, and loan act,” by amending section 9 (MCL 388.1929), as amended by 2006 PA 71.

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. 416, entitled

A bill to amend 2005 PA 92, entitled “School bond qualification, approval, and loan act,” by amending section 9 (MCL 388.1929), as amended by 2006 PA 71.

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

Roll Call No. 277 Yeas—105

Agema Espinoza LeBlanc Roberts

Amash Geiss Leland Rocca

Angerer Genetski Lemmons Rogers

Ball Gonzales Lindberg Schmidt, R.

Bauer Green Lipton Schmidt, W.

Bennett Gregory Liss Schuitmaker

Bledsoe Griffin Lori Scott, B.

Bolger Haase Lund Scott, P.

Booher Haines Marleau Scripps

Brown, T. Hammel Mayes Segal

Byrum Hansen McDowell Sheltrown

Calley Haugh McMillin Simpson

Caul Haveman Meadows Slavens

Clemente Hildenbrand Meekhof Slezak

Constan Horn Melton Smith

Coulouris Huckleberry Meltzer Spade

Crawford Jackson Moore Stamas

Cushingberry Johnson Moss Stanley

Daley Jones, Rick Nathan Switalski

Dean Jones, Robert Nerat Tlaib

Denby Kandrevas Neumann Tyler

DeShazor Kennedy Opsommer Valentine

Dillon Knollenberg Pavlov Walsh

Donigan Kowall Pearce Warren

Durhal Kurtz Polidori Womack

Ebli Lahti Proos Young

Elsenheimer

Nays—2

Barnett Brown, L.

In The Chair: Espinoza

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

“An act to prescribe the procedures, terms, and conditions for the qualification or approval of school bonds and other bonds; to authorize this state to make loans to certain school districts for the payment of certain bonds and to authorize schools to borrow from this state for that purpose; to prescribe the terms and conditions of certain loans to school districts; to prescribe the powers and duties of certain state agencies and certain state and local officials; to provide for certain fees; to prescribe certain penalties; 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.

By unanimous consent the House returned to the order of

Announcements 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 Thursday, June 4:

House Bill Nos. 5035 5036 5037 5038 5039

The Clerk announced that the following Senate bill had been received on Thursday, June 4:

Senate Bill No. 142

Reports of Standing Committees

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 4182, 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.

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. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Green, Haines, Hildenbrand, Lori and Schuitmaker

Nays: Reps. Caul, Genetski, Proos and Rogers

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 4310, entitled

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.

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. Cushingberry, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, McDowell, Miller, Smith, Spade, Switalski, Tlaib and Caul

Nays: Rep. Moss

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 3, 2009

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, June 4, 2009

Present: Reps. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal, Sheltrown, Womack, Denby, Green, Haveman, Lund, Marleau, Moore and Rocca

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:

Meeting held on: Thursday, June 4, 2009

Present: Reps. Warren, Bledsoe, Ebli, Kennedy, Meadows, Roberts, Scripps, Meekhof, Daley, Rick Jones, Pavlov and Wayne Schmidt

Absent: Reps. Nerat, Leland and Haveman

Excused: Reps. Nerat and Haveman

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, June 4, 2009

Present: Reps. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Amash, Ball, DeShazor, McMillin, Pearce, Paul Scott, Tyler and Walsh

Messages from the Senate

House Bill No. 4308, entitled

The Senate has concurred in the House amendments to the Senate substitute (S-1).

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

House Bill No. 4479, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 37 (MCL 211.37), as amended by 1994 PA 415.

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 pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 4579, entitled

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and amended the title to read as follows:

A bill 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 sections 41303, 41305, 41306, 41309, 41311, 41313, and 41323 (MCL 324.41303, 324.41305, 324.41306, 324.41309, 324.41311, 324.41313, and 324.41323), section 41303 as amended by 2005 PA 78, section 41305 as amended and section 41306 as added by 2005 PA 79, section 41309 as amended by 2005 PA 76, sections 41311 and 41313 as added by 2005 PA 80, and section 41323 as added by 2005 PA 75, and by adding section 41302.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 142, entitled

A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 5 (MCL 338.885), as amended by 1998 PA 302, and by adding section 4.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Hansen, Wayne Schmidt, Griffin, Corriveau, Scripps, Slezak, LeBlanc, Terry Brown, Espinoza, Horn, Haveman, Caul, Lahti, Lindberg, Ball, Meekhof, Pavlov, Walsh, Rick Jones, Kurtz, Valentine, Dean, Nerat, Agema, Stamas, Lori, Opsommer, Moore, Proos, Pearce, Genetski and Schuitmaker introduced

House Bill No. 5040, entitled

A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending sections 2 and 9 (MCL 28.602 and 28.609), section 2 as amended by 2004 PA 379 and section 9 as amended by 2005 PA 239.

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

Rep. Smith introduced

House Bill No. 5041, entitled

A bill to amend 1986 PA 102, entitled “An act to establish a grant program for certain part-time, independent students in this state; and to prescribe the powers and duties of certain state agencies and institutions of higher education,” by amending sections 3, 5, and 7 (MCL 390.1283, 390.1285, and 390.1287), section 3 as amended by 2004 PA 180; and to repeal acts and parts of acts.

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

Rep. Smith introduced

House Bill No. 5042, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 214.

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

Reps. Liss, Rick Jones, Bettie Scott and Constan introduced

House Bill No. 5043, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16245 and 16631 (MCL 333.16245 and 333.16631), section 16245 as amended by 2006 PA 26 and section 16631 as added by 2008 PA 503.

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

Reps. Amash, Genetski, Agema, Lund, McMillin, Knollenberg and Daley introduced

House Bill No. 5044, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 10 (MCL 423.210).

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

Reps. Horn, Moore, Stamas, Crawford, Sheltrown, Mayes, Hildenbrand, Elsenheimer, Rick Jones, Walsh, Knollenberg, Kowall, Moss, Denby, Pearce, Tyler, Lund, Green, Wayne Schmidt, Hansen, Haveman, Pavlov, Lori, Calley, Kurtz, DeShazor, Bennett, Lindberg, Haines, Meltzer, McMillin, Bolger, Terry Brown, Daley, Rocca, Caul, Ball, Rogers, Booher, Agema, Meekhof, Genetski, Proos, Paul Scott, Schuitmaker, Dean, Lahti, LeBlanc, Byrum, Clemente, Griffin, Segal, Neumann, Polidori, Opsommer, Hammel and Leland introduced

House Bill No. 5045, entitled

A bill to protect a person’s right to communicate regarding state government functioning; to prohibit retaliation for certain communications; and to provide remedies.

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

Reps. Dean, Roy Schmidt, Lemmons, Spade, Lipton, Bauer, Cushingberry, Durhal, Bettie Scott, Haase, Gregory, Hammel, Polidori, Melton and Scripps introduced

House Bill No. 5046, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.

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

Reps. Dean, Lemmons, Roy Schmidt, Spade, Lipton, Bauer, Cushingberry, Durhal, Bettie Scott, Haase, Gregory, Hammel, Polidori, Melton and Scripps introduced

House Bill No. 5047, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 416e.

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

Rep. Smith introduced

House Bill No. 5048, entitled

A bill to amend 2002 PA 591, entitled “Michigan nursing scholarship act,” by amending sections 2, 3, 4, 5, 6, and 8 (MCL 390.1182, 390.1183, 390.1184, 390.1185, 390.1186, and 390.1188), section 2 as amended by 2006 PA 444; and to repeal acts and parts of acts.

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

______

Rep. Lori moved that the House adjourn.

The motion prevailed, the time being 1:00 p.m.

Associate Speaker Pro Tempore Espinoza declared the House adjourned until Tuesday, June 9, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives

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