No. 62
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Tuesday, July 14, 2009.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Durhal—excused Lahti—present Proos—present
Amash—present Ebli—excused LeBlanc—excused Roberts—present
Angerer—present Elsenheimer—excused 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—excused Schmidt, W.—excused
Bennett—present Gonzales—excused Liss—excused 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—excused Scripps—present
Brown, L.—present Haase—present Mayes—present Segal—present
Brown, T.—present Haines—present McDowell—present Sheltrown—present
Byrnes—present Hammel—present McMillin—present Simpson—present
Byrum—present Hansen—present Meadows—present Slavens—excused
Calley—present Haugh—present Meekhof—present Slezak—present
Caul—excused Haveman—present Melton—excused Smith—present
Clemente—present Hildenbrand—present Meltzer—excused Spade—present
Constan—present Horn—present Miller—present Stamas—present
Corriveau—present Huckleberry—present Moore—present Stanley—present
Coulouris—present Jackson—excused Moss—present Switalski—excused
Crawford—present Johnson—excused Nathan—excused Tlaib—present
Cushingberry—excused 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—excused Kowall—present Polidori—present Young—present
Donigan—present Kurtz—present
e/d/s = entered during session
Rep. Judy Nerat, from the 108th District, offered the following invocation:
“Dear Lord, thank You for this day, the very special gift of life.
As we gather, please show us the way.
We give thanks for the many blessings You’ve bestowed upon us.
Help us to serve our people in a way that is acceptable in Your eyes.
Lead us and guide us as we work together when making decisions.
If we truly believe Your word O Lord, help us to live it and speak it.
Bless our nation, especially our state and our leaders.
We ask for Your blessings today. Give us patience and understanding so we are able to work together, serving You according to Your word. Amen.”
______
Rep. Booher moved that Reps. Caul, Elsenheimer, Marleau, Meltzer and Wayne Schmidt be excused from today’s session.
The motion prevailed.
Rep. Dean moved that Reps. Cushingberry, Dillon, Durhal, Ebli, Gonzales, Jackson, Johnson, LeBlanc, Lipton, Liss, Melton, Nathan, Bettie Scott, Slavens and Switalski be excused from today’s session.
The motion prevailed.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Scripps to the Chair.
Second Reading of Bills
House Bill No. 4618, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 174a (MCL 750.174a), as amended by 2004 PA 255.
The bill was read a second time.
Rep. Huckleberry moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4727, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2006 PA 574.
The bill was read a second time.
Rep. Huckleberry moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4620, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 159g and 273 (MCL 750.159g and 750.273), section 159g as amended by 2002 PA 124.
The bill was read a second time.
Rep. Bledsoe moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4626, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16o of chapter XVII (MCL 777.16o), as amended by 2004 PA 457.
The bill was read a second time.
Rep. Constan moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5011, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1a of chapter IV (MCL 764.1a), as amended by 2005 PA 106.
The bill was read a second time.
Rep. Constan moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4971, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7j (MCL 722.627j), as amended by 2008 PA 374.
The bill was read a second time.
Rep. Dean moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Select Committees
House Bill No. 4998, entitled
A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending sections 11 and 19 (MCL 141.1361 and 141.1369).
(For text of conference report, see House Journal No. 61, p. 1248.)
The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor on June 26, 2009.
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 Friday, June 26:
House Bill Nos. 5143 5144 5145 5146 5147 5148 5149 5150 5151 5152 5153 5154 5155 5156
5157 5158 5159 5160 5161 5162 5163 5164 5165 5166 5167
Senate Bill Nos. 658 659 660 661 662 663 664 665 666 667 668 669 670 671
672 673 674 675 676 677 678 679 680
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, June 30, for her approval of the following bills:
Enrolled House Bill No. 4166 at 11:04 a.m.
Enrolled House Bill No. 4184 at 11:06 a.m.
Enrolled House Bill No. 4310 at 11:08 a.m.
Enrolled House Bill No. 4607 at 11:10 a.m.
Enrolled House Bill No. 4897 at 11:12 a.m.
Enrolled House Bill No. 4998 at 11:14 a.m.
The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, July 1, for her approval of the following bill:
Enrolled House Bill No. 4721 at 9:52 a.m.
Reports of Standing Committees
The Committee on Insurance, by Rep. Byrum, Chair, reported
House Bill No. 4842, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.
With the recommendation that the bill be referred to the Committee on Health Policy.
Favorable Roll Call
To Report Out:
Yeas: Reps. Byrum, Young, Constan, Lemmons, Neumann, Polidori, Sheltrown, Womack, Denby, Green, Haveman, Lund and Moore
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Health Policy.
The Committee on Insurance, by Rep. Byrum, Chair, reported
House Bill No. 4843, 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.
With the recommendation that the bill be referred to the Committee on Health Policy.
Favorable Roll Call
To Report Out:
Yeas: Reps. Byrum, Young, Constan, Lemmons, Neumann, Polidori, Sheltrown, Womack, Denby, Green, Haveman, Lund and Moore
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Health Policy.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrum, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Tuesday, July 14, 2009
Present: Reps. Byrum, Young, Constan, Lemmons, Neumann, Polidori, Segal, Sheltrown, Womack, Denby, Green, Haveman, Lund and Moore
Absent: Reps. Lipton, Marleau and Rocca
Excused: Reps. Lipton, Marleau and Rocca
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
House Bill No. 4770, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1061.
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. Polidori, Roberts, Roy Schmidt, Rick Jones, Agema, Amash and Kurtz
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Polidori, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:
Meeting held on: Tuesday, July 14, 2009
Present: Reps. Polidori, Roberts, Roy Schmidt, Rick Jones, Agema, Amash and Kurtz
Absent: Reps. Byrnes and Liss
Excused: Reps. Byrnes and Liss
The Committee on Government Operations, by Rep. Constan, Chair, reported
House Bill No. 4995, entitled
A bill to require all official depictions of the state of Michigan to include both peninsulas of the 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, Corriveau, Simpson, 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, July 14, 2009
Present: Reps. Constan, Corriveau, Simpson, Slezak, Warren, Walsh, Daley and McMillin
Absent: Rep. Liss
Excused: Rep. Liss
The Committee on Energy and Technology, by Rep. Mayes, Chair, reported
House Bill No. 4999, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2008 PA 579.
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, Lisa Brown, Clemente, Huckleberry, Lindberg, Melton, Roberts, Scripps, Horn, Crawford, Opsommer, Proos and Schuitmaker
Nays: None
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, July 14, 2009
Present: Reps. Mayes, Geiss, Lisa Brown, Clemente, Huckleberry, Johnson, Lindberg, Melton, Roberts, Scripps, Horn, Crawford, Opsommer, Proos and Schuitmaker
Absent: Reps. Ebli, Lipton, Marleau and Wayne Schmidt
Excused: Reps. Ebli, Lipton, Marleau and Wayne Schmidt
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
House Bill No. 4503, entitled
A bill to amend 1915 PA 123, entitled “An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits,” (MCL 565.451a to 565.453) by adding section 1d.
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. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Young, Lund, Denby and Meekhof
Nays: None
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
House Bill No. 4635, entitled
A bill to amend 1974 PA 338, entitled “Economic development corporations act,” (MCL 125.1601 to 125.1636) by adding section 12a.
With the recommendation that the bill be referred to the Committee on Urban Policy.
Favorable Roll Call
To Report Out:
Yeas: Reps. Donigan, Barnett, Bledsoe, Robert Jones, Young, Lund, Denby and Meekhof
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Urban Policy.
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
House Bill No. 4637, entitled
A bill to amend 1945 PA 344, entitled “An act to authorize counties, cities, villages and townships of this state to adopt plans to prevent blight and to adopt plans for the rehabilitation of blighted areas; to authorize assistance in carrying out such plans by the acquisition of real property, the improvement of such real property and the disposal of real property in such areas; to prescribe the methods of financing the exercise of these powers; and to declare the effect of this act,” (MCL 125.71 to 125.84) by adding section 13a.
With the recommendation that the bill be referred to the Committee on Urban Policy.
Favorable Roll Call
To Report Out:
Yeas: Reps. Donigan, Barnett, Bledsoe, Robert Jones, Young, Lund, Denby and Meekhof
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Urban Policy.
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, July 14, 2009
Present: Reps. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Young, Lund, Denby and Meekhof
Absent: Reps. Kennedy and Wayne Schmidt
Excused: Reps. Kennedy and Wayne Schmidt
Messages from the Governor
The following message from the Governor was received July 13, 2009 and read:
EXECUTIVE ORDER
No. 2009 – 36
ABOLISHING THE
DEPARTMENT OF HISTORY, ARTS, AND LIBRARIES
DEPARTMENT OF EDUCATION
DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH
DEPARTMENT OF HISTORY, ARTS, AND LIBRARIES
DEPARTMENT OF INFORMATION TECHNOLOGY
DEPARTMENT OF MANAGEMENT AND BUDGET
DEPARTMENT OF NATURAL RESOURCES
DEPARTMENT OF TREASURY
EXECUTIVE REORGANIZATION
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration;
WHEREAS, under Section 2 of Article V of the Michigan Constitution of 1963, the executive and administrative offices, agencies, and instrumentalities of the executive branch of state government and their respective functions, powers, and duties, must be allocated among and within not more than 20 principal departments and shall be grouped as far as practicable according to major purposes;
WHEREAS, the Department of History, Arts, and Libraries was created as the twentieth principal department of state government under Section 3 of the History, Arts, and Libraries Act, 2001 PA 63, MCL 399.703, following an unsuccessful attempt to create a Department of History, Arts and Culture under Executive Order 2001-1;
WHEREAS, the essential functions of the Department of History, Arts, and Libraries can be efficiently performed by other principal departments in state government;
WHEREAS, abolishing the Department of History, Arts, and Libraries will assure more efficient use of taxpayer dollars;
WHEREAS, it is practicable and necessary in the interests of efficient administration and effectiveness of government to change the organization of the executive branch of state government and to reduce to 17 the number of principal state departments;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and the laws of the State of Michigan order:
I. DEFINITIONS
As used in this Order:
A. “Board of Trustees of the Library of Michigan” means the board created by Section 4 of the Library of Michigan Act, 1982 PA 540, MCL 397.14.
B. “Department of Education” means the principal department of state government created by Section 300 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.400.
C. “Department of History, Arts, and Libraries” means the principal department of state government created by Section 3 of the History, Arts, and Libraries Act, 2001 PA 63, MCL 399.703.
D. “Department of Information Technology” means the principal department of state government created by Executive Order 2001-3, MCL 18.41.
E. “Department of Energy, Labor, and Economic Growth” means the principal department of state government created by Section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, and renamed by Executive Order 1996-2, MCL 445.2001, by Executive Order 2003-18, MCL 445.2011, and by Executive Order 2008-20, MCL 445.2025.
F. “Department of Management and Budget” means the principal department of state government created by Section 121 of The Management and Budget Act, 1984 PA 431, MCL 18.1121.
G. “Department of Natural Resources” means the principal department of state government created by Section 250 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.350, and Section 501 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.501, as modified by Executive Order 1995-18, MCL 324.99903.
H. “Idlewild Centennial Commission” means the commission created by Executive Order 2007-50.
I. “Library of Michigan” means the library created by Section 3 of the Library of Michigan Act, 1982 PA 540, MCL 397.13.
J. “Mackinac Island State Park Commission” means the commission provided for under 1958 PA 201, MCL 318.201 to 318.208, transferred under Section 256 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.356, and created by Section 76503 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.76503.
K. “Michigan Center for Innovation and Reinvention Board” means the board created by Section IV of this Order.
L. “Michigan Commission for the Blind” means the commission created by Section 2 of 1978 PA 260, MCL 393.352.
M. “Michigan Commission on the Commemoration of the Bicentennial of the War of 1812” means the commission created by Executive Order 2007-51.
N. “Michigan Council for Arts and Cultural Affairs” means the council created by Executive Order 1991-21, MCL 2.132, and transferred to the Department of History, Arts, and Libraries by Section 11 of the History, Arts, and Libraries Act, 2001 PA 63, MCL 399.711.
O. “Michigan Freedom Trail Commission” means the commission created by Section 3 of the Michigan Freedom Trail Commission Act, 1998 PA 409, MCL 399.83.
P. “Michigan Heritage Water Trail Program” means the program described in Section 72113 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.72113.
Q. “Michigan Historical Center” means the organizational entity within the Department of History, Arts, and Libraries referenced in Section 7a of the Michigan Historical Commission Act, 1913 PA 271, MCL 399.7a, Section 2 of the Michigan Historical Markers Act, 1955 PA 10, MCL 399.152, Section 281 of the Income Tax Act of 1967, 1967 PA 281, MCL 206.266, Section 39c of the Single Business Tax Act, 1975 PA 228, MCL 208.39c, and Section 435 of the Michigan Business Tax Act, 2007 PA 36, MCL 208.1435.
R. “Michigan Historical Commission” means the commission created by Section 1 of the Michigan Historical Commission Act, 1913 PA 271, MCL 399.1.
S. “Michigan Iron Industry Museum Advisory Board” means the board created by Section 3 of the Michigan Iron Industry Museum Advisory Board Act, 1984 PA 152, MCL 399.73.
T. “Michigan State Housing Development Authority” means the public body corporate and politic created by Section 21 of the State Housing Development Authority Act of 1966, 1966 PA 346, MCL 125.1421.
U. “Michigan Strategic Fund” means the public body corporate and politic created by Section 5 of the Michigan Strategic Fund Act, 1984 PA 270, MCL 125.2005.
V. “State Historic Preservation Review Board” means the board created by Executive Order 2007-53.
W. “State Historical Records Advisory Board” means the board created by Executive Order 2007-54.
X. “Superintendent of Public Instruction” means the principal executive officer appointed by the State Board of Education pursuant to Section 3 of Article VIII of the Michigan Constitution of 1963.
Y. “Type I transfer” means that phrase as defined in Section 3 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
Z. “Type II transfer” means that phrase as defined in Section 3 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
AA. “Type III transfer” means that phrase as defined in Section 3 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
BB. “Underwater Salvage and Preserve Committee” means the committee created by Section 76103 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.76103.
II. TRANSFER OF AUTHORITY, DUTIES, POWERS, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HISTORY, ARTS, AND LIBRARIES
A. Michigan Council for Arts and Cultural Affairs
1. The Michigan Council for Arts and Cultural Affairs is transferred to the Michigan Strategic Fund, together with all of the authority, powers, duties, functions, responsibilities, personnel, equipment, and budgetary resources vested in that Council by law, including, but not limited to, Section 11 of the History, Arts, and Libraries Act, 2001 PA 63, MCL 399.711. The functions of budgeting and procurement of the Michigan Council for Arts and Cultural Affairs are transferred to the Michigan Strategic Fund.
2. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.A of this Order, including, but not limited to, the Michigan Council for the Arts Fund created by Section 9(1) of the History, Arts, and Libraries Act, 2001 PA 63, MCL 399.709(1), are transferred to the Michigan Strategic Fund.
3. The President of the Michigan Strategic Fund shall provide executive direction and supervision for the implementation of the transfers under Section II.A of this Order.
4. The President of the Michigan Strategic Fund shall supervise and administer the functions transferred to the Fund under Section II.A of this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order.
B. Library of Michigan
1. All of the authority, powers, duties, functions, responsibilities, personnel, equipment, collections, and budgetary resources of the Library of Michigan and of the State Librarian, except those pertaining to services for the blind and physically handicapped described in Section II.C of this Order and those related to census data functions described in Section II.D of this Order, are transferred by Type II transfer to the Department of Education, including, but not limited to, the authority, powers, duties, functions and responsibilities under all of the following:
a. The Library of Michigan Act, 1982 PA 540, MCL 397.11 to 397.24.
b. Section 4c of 1919 PA 71, MCL 21.44c.
c. Section 4b of the Uniform Budgeting and Accounting Act, 1968 PA 2, MCL 141.424b.
d. Section 2885 of the Public Health Code, 1978 PA 368, MCL 333.2885.
e. Sections 3, 3a, 3b, 5, 6, and 24 of the District Library Establishment Act, 1989 PA 24, MCL 397.173, 397.173a, 397.173b, 397.175, 397.176, and 397.194.
f. Section 15 of the State Aid to Public Libraries Act, 1977 PA 89, MCL 397.565.
2. The Board of Trustees of the Library of Michigan is transferred by Type II transfer to the Department of Education.
3. All of the authority, powers, duties, functions, responsibilities, personnel, equipment, and budgetary resources of the Department of History, Arts, and Libraries relating to the Library of Michigan and oversight of libraries within this state are transferred by Type II transfer to the Department of Education, including, but not limited to, the authority, powers, duties, functions, and responsibilities under all of the following:
a. The Library of Michigan Act, 1982 PA 540, MCL 397.11 to 397.24.
b. Section 13a of the Charter Township Act, 1947 PA 359, MCL 42.13a.
c. The District Library Establishment Act, 1989 PA 24, MCL 397.171 to 397.196.
d. The State Aid to Public Libraries Act, 1977 PA 89, MCL 397.551 to 397.576.
4. The unclassified position of State Librarian created by Section 5 of the Library of Michigan Act, 1982 PA 540, MCL 397.15, is abolished.
5. The position of the Director of the Department of History, Arts, and Libraries or his or her designee from within the Department as a member of the Board of Trustees of the Library of Michigan under Section 4 of the Library of Michigan Act, 1982 PA 540, MCL 397.14, is transferred to the Superintendent of Public Instruction or his or her designee from within the Department of Education.
6. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.B are transferred to the Department of Education.
7. The Superintendent of Public Instruction shall provide executive direction and supervision for the implementation of the transfers under Section II.B of this Order.
8. The Superintendent of Public Instruction shall administer the assigned functions transferred to the Department of Education under Section II.B of this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. In order to achieve efficient administration and effectuate necessary cost savings consistent with available appropriated resources, the Superintendent shall implement cost-saving measures designed to reduce expenditures while protecting the core mission of the library. Unless the Superintendent determines it to be impracticable, these measures shall include, but shall not be limited to, all of the following:
a. Eliminating circulation of specific collections (including, but not limited to, the Main, Dewey, and General Reference collections, the Michigan collection, the Michigan Documents collection, and the Rare Book collection) or, alternatively, transferring such collections to other suitable institutions.
b. Eliminating circulation and document delivery for the law collection.
c. Suspending or eliminating participation as a participating lending library in MeLCat.
d. Eliminating or transferring to other suitable institutions the Federal Documents Depository and the non-Michigan Genealogy collection.
e. Taking such other measures as may be necessary or appropriate to limit expenditures consistent with available appropriations.
C. Services for the Blind and Physically Handicapped
1. All of the authority, powers, duties, functions, responsibilities, personnel, equipment, and budgetary resources of the Department of History, Arts, and Libraries related to library services for the blind and physically handicapped, including, but not limited to, the authority, powers, duties, functions, and responsibilities under 1959 PA 127, MCL 397.491, are transferred to the Michigan Commission for the Blind. The related functions of budgeting and procurement are transferred to the Michigan Commission for the Blind.
2. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.C of this Order are transferred to the Michigan Commission for the Blind.
3. The Director of the Department of Energy, Labor, and Economic Growth shall provide executive direction and supervision for the implementation of the transfers under Section II.C of this Order.
4. The Director of the Department of Energy, Labor, and Economic Growth shall administer the assigned functions transferred to the Michigan Commission for the Blind under Section II.C of this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order.
D. Population Statistics and Census Reporting Duties
1. All of the authority, powers, duties, functions, responsibilities, personnel, equipment, and budgetary resources of the Department of History, Arts, and Libraries related to census reporting and conducting statistical studies and making estimates and projections of population relative to size and distribution are transferred by Type II transfer to the Department of Information Technology including, but not limited to, the authority, powers, duties, functions, and responsibilities under all of the following:
a. Section 343 of The Management and Budget Act, 1984 PA 431, MCL 18.1343.
b. The cooperative initiative between the United States Bureau of the Census and this state regarding census reporting referenced in Section III of Executive Order 2002-17, MCL 399.751.
2. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.D of this Order are transferred to the Department of Information Technology.
3. The Director of the Department of Information Technology shall provide executive direction and supervision for the implementation of the transfers under Section II.D of this Order.
4. The Director of the Department of Information Technology shall administer the assigned functions transferred to that Department under Section II.D of this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order.
E. State Records Management
1. All of the authority, powers, duties, functions, responsibilities, personnel, equipment, and budgetary resources of the Department of History, Arts, and Libraries regarding the state records management program are transferred by Type II transfer to the Department of Management and Budget, including, but not limited to, any powers, duties, functions, and responsibilities for state records management vested in the Department of History, Arts, and Libraries by the following statutes:
a. Sections 287 to 292 of The Management and Budget Act, 1984 PA 431, MCL 18.1287 to 18.1292.
b. Section 131 of The Management and Budget Act, 1984 PA 431, MCL 18.1131.
c. Section 289 of The Management and Budget Act, 1984 PA 431, MCL 18.1289.
d. The Records Reproduction Act, 1992 PA 116, MCL 24.401 to 24.406.
e. Section 5 of the Michigan Historical Commission Act, 1913 PA 271, MCL 399.5, insofar as that section pertains to duties and functions of the Historical Commission concerning state and local government record schedules.
2. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.E of this Order are transferred to the Department of Management and Budget.
3. The Director of the Department of Management and Budget shall provide executive direction and supervision for the implementation of the transfers under Section II.E of this Order.
4. The Director of the Department of Management and Budget shall administer the assigned functions transferred to that Department under Section II.E of this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order.
5. Executive Order 2002-17, MCL 399.751, is rescinded in its entirety.
F. State Archives
1. All of the authority, powers, duties, functions, responsibilities, personnel, equipment, and budgetary resources of the Department of History, Arts, and Libraries regarding the state archives program are transferred by Type II transfer to the Department of Natural Resources, including, but not limited to, any authority, powers, duties, functions, and responsibilities for state archives vested in the Department of History, Arts, and Libraries by the following statutes:
a. Sections 288 and 289 of The Management and Budget Act, 1984 PA 431, MCL 18.1288 and 18.1289.
b. The Michigan Historical Commission Act, 1913 PA 271, MCL 399.1 to 399.10.
c. Section 2137 of the Revised Judicature Act of 1961, 1961 PA 236, MCL 600.2137.
d. Section 2 of 1897 PA 8, MCL 35.232.
e. Section 1 of 1927 PA 54, MCL 399.51.
f. Section 1 of 1927 PA 55, MCL 399.61.
g. Section 491 of the Michigan Penal Code, 1931 PA 328, MCL 750.491.
2. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.F of this Order are transferred to the Department of Natural Resources.
3. The Director of the Department of Natural Resources shall provide executive direction and supervision for the implementation of the transfers under Section II.F of this Order.
4. The Director of the Department of Natural Resources shall administer the assigned functions transferred to that Department under Section II.F of this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order.
G. State Historical Records Advisory Board
1. The State Historical Records Advisory Board is transferred by Type II transfer to the Department of Natural Resources together with all of the authority, powers, duties, functions, responsibilities, personnel, equipment, and budgetary resources vested in that Board by law, including, but not limited to, any authority, powers, duties, functions, and responsibilities under Executive Order No. 2007-54.
2. The position of the Director of the Department of History, Arts, and Libraries or his or her designee from within that Department as a member of the State Historical Records Advisory Board under Section II.B.2. of Executive Order 2007-54 is transferred to the Director of the Department of Natural Resources or his or her designee from within the Department of Natural Resources.
3. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.G of this Order are transferred to the Department of Natural Resources.
4. The Director of the Department of Natural Resources shall provide executive direction and supervision for the implementation of the transfers under Section II.G of this Order.
5. The Director of the Department of Natural Resources shall supervise and administer the assigned functions transferred to that Department under Section II.G of this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order.
H. Michigan Historical Commission
1. Except as otherwise provided in this Order, all of the authority, powers, duties, functions, responsibilities, personnel, equipment, and budgetary resources of the Department of History, Arts, and Libraries relating to the promotion of history and the preservation of the state’s historical resources are transferred by Type II transfer to the Department of Natural Resources, including, but not limited to, the authority, powers, duties, functions, and responsibilities of the Department of History, Arts, and Libraries under all of the following:
a. The Michigan Historical Commission Act, 1913 PA 271, MCL 399.1 to 399.10.
b. The Michigan Historical Markers Act, 1955 PA 10, MCL 399.151 to 399.160.
c. 1976 PA 69, MCL 399.111 to 399.113.
d. Sections 76101 to 76118 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.76101 to 324.76118.
e. Any duties, functions, or responsibilities of the Department of History, Arts, and Libraries related to the Thunder Bay National Marine Sanctuary and Underwater Preserve arising under the 2002 Memorandum of Agreement between the National Marine Safety Program and this state.
2. The Michigan Historical Commission is transferred by Type II transfer to the Department of Natural Resources.
3. The position of the Director of the Department of History, Arts, and Libraries or his or her designee from within the Department as an ex officio member of the Michigan Historical Commission under Section 1 of the Michigan Historical Commission Act, 1913 PA 271, MCL 399.1, is transferred to the Director of the Department of Natural Resources or his or her designee from within that Department.
4. All of the authority, powers, duties, functions, and responsibilities of the Director of the Department of History, Arts, and Libraries regarding the appointment of members and the chairman of the Underwater Salvage and Preserve Committee under Section 76103 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.76103, are transferred to the Director of the Department of Natural Resources.
5. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.H of this Order are transferred to the Department of Natural Resources.
6. The Director of the Department of Natural Resources shall provide executive direction and supervision for the implementation of the transfers under Section II.H of this Order.
7. The Director of the Department of Natural Resources shall supervise and administer the assigned functions transferred to that Department under Section II.H of this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. In order to achieve efficient administration and effectuate necessary cost savings consistent with available appropriated resources, the Director shall implement cost-saving measures designed to reduce expenditures and generate revenue while protecting the core mission of the former Department of History, Arts, and Libraries transferred to the Department of Natural Resources. Unless the Director determines it to be impracticable, these measures shall include, but shall not be limited to, all of the following:
a. Instituting an admission fee for museum facilities and exhibits.
b. If the Department of History, Arts, and Libraries has not already done so, entering into a memorandum of understanding with a qualified non-profit organization, society, or foundation willing to assume responsibility for the publication of any or all magazines or journals published by the Department or taking other steps to eliminate the expenditure of state funds appropriated for the publications.
c. Entering into a memorandum of understanding with a qualified non-profit organization, society, or foundation willing to assume responsibility for the staffing and operation of the museum store and for the development and operation of online sales of merchandise from, or related to, this state’s museums or archives, if the Director determines that such an agreement will reduce state expenditures or enhance state revenues and is otherwise in the best interests of this state.
d. If the Department of History, Arts, and Libraries has not already done so, entering into a memorandum of understanding with a qualified non-profit organization, society, or foundation willing to assume responsibility for the administration of the Michigan historical markers program under the Michigan Historical Markers Act, 1955 PA 10, MCL 399.151, if the Director determines that such an agreement will reduce state expenditures or enhance state revenues and is otherwise in the best interests of this state.
e. Depositing any state funds generated by such activities into the general fund of this state.
f. Taking such other measures as may be necessary or appropriate to limit expenditures consistent with available appropriations.
I. Mackinac Island State Park Commission
1. The Mackinac Island State Park Commission is transferred by Type I transfer to the Department of Natural Resources, including, but not limited to, the authority, powers, duties, functions, and responsibilities of the Commission under all of the following:
a. Sections 76501 to 76509, 76701 to 76709, 76901 to 76903, 77101, 77301, 77302, 77701 to 77704, and 77901 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.76501 to 324.76509, 324.76701 to 324.76709, 324.76901 to 324.76903, 324.77101, 324.77301, 324.77302, 324.77701 to 324.77704, and 324.77901.
b. Section 511 of the Michigan Liquor Control Code of 1998, 58 PA 1998, MCL 436.1511.
2. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.I of this Order are transferred by Type I transfer to the Department of Natural Resources.
3. The Director of the Department of Natural Resources shall provide executive direction and supervision for the implementation of the transfers under Section II.I of this Order.
J. Michigan Heritage Water Trail Program
1. All of the authority, powers, duties, functions, and responsibilities of the Department of History, Arts, and Libraries related to the Michigan Heritage Water Trail Program are transferred to the Department of Natural Resources, including, but not limited to, the authority, powers, duties, functions, and responsibilities under Section 72113 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.72113.
2. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.J of this Order are transferred to the Department of Natural Resources.
3. The Director of the Department of Natural Resources shall provide executive direction and supervision for the implementation of the transfers under Section II.J of this Order.
4. The Director of the Department of Natural Resources shall administer the assigned functions transferred to that Department under Section II.J of this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order.
K. Michigan Freedom Trail Commission
1. The Michigan Freedom Trail Commission is transferred by Type II transfer to the Department of Natural Resources.
2. Any authority, powers, duties, functions, and responsibilities vested in the Department of History, Arts, and Libraries under the Michigan Freedom Trail Commission Act, 1998 PA 409, MCL 399.81 to 399.85, are transferred by Type II transfer to the Department of Natural Resources.
3. The position of the Director of the Department of History, Arts, and Libraries or his or her designee from within that Department as a member of the Michigan Freedom Trail Commission under Section 3 of the Michigan Freedom Trail Commission Act, 1998 PA 409, MCL 399.83, is transferred to the Director of the Department of Natural Resources or his or her designee from within the Department of Natural Resources.
4. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.K of this Order are transferred to the Department of Natural Resources.
5. The Director of the Department of Natural Resources shall provide executive direction and supervision for the implementation of the transfers under Section II.K of this Order.
6. The Director of the Department of Natural Resources shall supervise and administer the assigned functions transferred to that Department under Section II.K of this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order.
L. Idlewild Centennial Commission
1. The Idlewild Centennial Commission is transferred to the Michigan State Housing Development Authority, together with all of the authority, powers, duties, functions, responsibilities, personnel, equipment, and budgetary resources vested in that Commission, including, but not limited to, the authority, powers, duties, functions and responsibilities under Executive Order 2007-50. The functions of budgeting and procurement of the Idlewild Centennial Commission are transferred to the Michigan State Housing Development Authority.
2. The position of the Director of the Department of History, Arts, and Libraries or his or her designee from within that Department as a member of the Idlewild Centennial Commission under Section II.B.1 of Executive Order 2007-50 is transferred to the Executive Director of the Michigan State Housing Development Authority or his or her designee from within the Authority.
3. The duty of the Director of the Department of History, Arts, and Libraries to serve as Chairperson of the Idlewild Centennial Commission under Section II.E of Executive Order 2007-50 is transferred to the Executive Director of the Michigan State Housing Development Authority or his or her designee from within the Authority.
4. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.L of this Order are transferred to the Michigan State Housing Development Authority.
5. The Executive Director of the Michigan State Housing Development Authority shall provide executive direction and supervision for the implementation of the transfers under Section II.L of this Order.
6. The Executive Director of the Michigan State Housing Development Authority shall supervise and administer the assigned functions transferred to the Authority under Section II.L of this Order in such ways as to promote efficient administration.
M. Michigan Commission on the Commemoration of the Bicentennial of the War of 1812
1. The Michigan Commission on the Commemoration of the Bicentennial of the War of 1812 is transferred by Type II transfer to the Department of Natural Resources.
2. The position of the Director of the Department of History, Arts, and Libraries or his or her designee from within that Department to serve as a member of the Michigan Commission on the Commemoration of the Bicentennial of the War of 1812 under Section II.B.1 of Executive Order 2007-51 is transferred to the Director of the Department of Natural Resources or his or her designee from within the Department of Natural Resources.
3. The duty of the Director of the Department of History, Arts, and Libraries or his or her designee from within that Department to serve as Chairperson of the Michigan Commission on the Commemoration of the Bicentennial of the War of 1812 under Sections II.B.1 and II.E of Executive Order 2007-51 is transferred to the Director of the Department of Natural Resources or his or her designee from within the Department of Natural Resources.
4. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.M of this Order are transferred to the Department of Natural Resources.
5. The Director of the Department of Natural Resources shall provide executive direction and supervision for the implementation of the transfers under Section II.M of this Order.
6. The Director of the Department of Natural Resources shall supervise and administer the assigned functions transferred to that Department under Section II.M of this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order.
N. Michigan Iron Industry Museum Advisory Board
1. The Michigan Iron Industry Museum Advisory Board is transferred by Type II transfer to the Department of Natural Resources.
2. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.N of this Order are transferred to the Department of Natural Resources.
3. The Director of the Department of Natural Resources shall provide executive direction and supervision for the implementation of the transfers under Section II.N of this Order.
4. The Director of the Department of Natural Resources shall supervise and administer the assigned functions transferred to that Department under Section II.N in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order.
O. Historic Preservation
1. The State Historic Preservation Review Board is transferred to the Michigan State Housing Development Authority, together with all of the authority, powers, duties, functions, responsibilities, personnel, equipment, and budgetary resources of that Board, including, but not limited to, any authority, powers, duties, functions, and responsibilities under Executive Order 2007-53. The budgeting and procurement functions of the State Historic Preservation Review Board are transferred to the Michigan State Housing Development Authority.
2. Except as otherwise provided in this Order, all of the authority, powers, duties, functions, responsibilities, personnel, equipment, and budgetary resources of the Department of History, Arts, and Libraries or the Michigan Historical Center relating to the identification, certification, and preservation of historical sites are transferred to the Michigan State Housing Development Authority, including, but not limited to, the authority, powers, duties, functions, and responsibilities under all of the following:
a. Section 13(1)(o) of the Freedom of Information Act, 1976 PA 442, MCL 15.243.
b. Section 29 of the Downtown Development Authority Act, 1975 PA 197, MCL 125.1679.
c. Section 26 of the Tax Increment Finance Act, 1980 PA 450, MCL 125.1826.
d. Section 26 of the Corridor Improvement Authority Act, 2005 PA 280, MCL 125.2896.
e. Section 39c of the Single Business Tax Act, 1975 PA 228, MCL 208.39c.
f. Section 266 of the Income Tax Act of 1967, 1967 PA 281, MCL 206.266.
g. Section 435 of the Michigan Business Tax Act, 2007 PA 36, MCL 208.1435.
h. Section 811k of the Michigan Vehicle Code, 1949 PA 300, MCL 257.811k.
i. Sections 63523 to 63525 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.63523 to 324.63525.
j. The Local Historic Districts Act, 1970 PA 169, MCL 399.201 to 399.215.
k. Executive Order No. 2007-53.
3. All records, property, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of History, Arts, and Libraries for the authority, activities, powers, duties, functions, and responsibilities transferred under Section II.O of this Order are transferred to the Michigan State Housing Development Authority.
4. The Executive Director of the Michigan State Housing Development Authority shall provide executive direction and supervision for the implementation of the transfers under Section II.O of this Order.
5. The Executive Director of the Michigan State Housing Development Authority shall supervise and administer the assigned functions transferred to the Authority under Section II.O of this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. However, the State Historic Preservation Review Board shall retain all of its prescribed statutory authority to decide appeals under Section 5 of the Local Historic Districts Act, 1920 PA 169, MCL 399.205.
III. ABOLITION OF THE DEPARTMENT OF HISTORY, ARTS, AND LIBRARIES
A. Except as otherwise provided in this Order, any authority, powers, duties, functions, and responsibilities of the Department of History, Arts, and Libraries are transferred by Type III transfer to the Department of Natural Resources.
B. The Department of History, Arts, and Libraries is abolished.
IV. CREATION OF THE MICHIGAN CENTER FOR INNOVATION AND REINVENTION BOARD
A. The Michigan Center for Innovation and Reinvention Board is created as an advisory body within the Department of Natural Resources.
B. The Board shall consist of the following 9 voting members:
1. The Director of the Department of Natural Resources or his or her designee from within the Department of Natural Resources.
2. The Superintendent of Public Instruction or his or her designee from within the Department of Education.
3. Three members appointed by the Governor.
4. Three members appointed by the Governor from a list of at least 9 individuals nominated by the President of Michigan State University.
5. One member appointed by the Governor from a list of at least 3 individuals nominated by the Mayor of the City of Lansing.
C. The Director of the Department of Natural Resources or his or her designee shall serve as the Chairperson of the Board. The Board shall select a member of the Board to serve as Vice-Chairperson of the Board.
D. The Board shall act in an advisory capacity to the Governor and shall review and evaluate the potential for the creation of a Michigan Center for Innovation and Reinvention in partnership with Michigan State University, the city of Lansing, or other appropriate public and private partners and to consider alternative ideas and proposals designed to achieve all of the following objectives:
1. Preserve and maximize the benefits to the public of existing state library and historical resources including collections, buildings, and skilled personnel.
2. Explore creative and innovative ideas for using existing state library and historical resources, in combination with the resources of potential partners, to: (i) serve the public more effectively and more efficiently; (ii) promote knowledge and understanding of this state’s history and heritage; (iii) educate both children and adults in science, technology, engineering, and mathematics; and (iv) enhance the competitiveness of the citizens of this state in the world economy.
3. Identify and recommend alternative sources and means of funding these activities and services.
E. The Board shall complete its work and submit a final report to the Governor by June 1, 2010.
F. The Board shall be staffed and assisted by personnel from the Department of Natural Resources, subject to available funding. Any budgeting, procurement, or related management functions of the Board shall be performed under the direction and supervision of the Director of the Department.
G. The Board shall adopt procedures consistent with Michigan law and this Order governing its organization and operations.
H. A majority of the members of the Board serving constitutes a quorum for the transaction of the Board’s business. The Board shall act by a majority vote of its serving members.
I. The Board shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Board.
J. The Board may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Board may also consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, government agencies, and at institutions of higher education.
K. Members of the Board shall serve without compensation. Members of the Board may receive reimbursement for necessary travel and expenses consistent with relevant statutes and the rules and procedures of the Civil Service Commission and the Department of Management and Budget, subject to available funding.
L. The Board may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Board and the performance of its duties as the Director of the Department of Natural Resources deems advisable and necessary, in accordance with this Order, the relevant statutes, the rules and procedures of the Civil Service Commission and the Department of Management and Budget, subject to available funding.
M. The Board may accept donations of labor, services, or other things of value from any public or private agency or person.
N. Members of the Board shall refer all legal, legislative, and media contacts to the Department of Natural Resources.
V. MISCELLANEOUS
A. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state’s financial management system, including, but not limited to, for the fiscal year ending September 30, 2010.
B. All rules, orders, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, or repealed.
C. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order, shall not abate by reason of the taking effect of this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements of Article V, Section 2 of the Michigan Constitution of 1963, the provisions of this Executive Order are effective October 1, 2009 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 13th day of July, in the year of our Lord, two thousand nine.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The message was referred to the Clerk.
Date: June 25, 2009
Time: 11:02 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4450 (Public Act No. 57, I.E.), being
An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 710d (MCL 257.710d), as amended by 1999 PA 29.
(Filed with the Secretary of State June 26, 2009, at 9:30 a.m.)
Date: July 1, 2009
Time: 1:10 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4749 (Public Act No. 58, I.E.), being
An act to amend 1996 PA 354, entitled “An act to codify the laws relating to savings banks; to provide for incorporation, regulation, supervision, and internal administration of savings banks; to prescribe the rights, powers, and immunities of savings banks; to prescribe the powers and duties of certain state agencies and officials; to provide for remedies; and to prescribe penalties,” by amending section 512 (MCL 487.3512).
(Filed with the Secretary of State July 2, 2009, at 9:48 a.m.)
Date: July 1, 2009
Time: 1:12 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4743 (Public Act No. 59, I.E.), being
An act to amend 1999 PA 276, entitled “An act to revise and codify the laws relating to banks, out-of-state banks, and foreign banks; to provide for their regulation and supervision; to prescribe the powers and duties of banks; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 4205 (MCL 487.14205).
(Filed with the Secretary of State July 2, 2009, at 9:50 a.m.)
Date: July 1, 2009
Time: 1:20 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4998 (Public Act No. 63, I.E.), being
An act to amend 2008 PA 554, entitled “An act to create and provide for the incorporation of certain regional convention facility authorities; to provide for the membership of the authorities; to provide for the powers and duties of the authorities; to provide for the conveyance of ownership of and operational jurisdiction over certain convention facilities to authorities and to provide for the transfer of certain real and personal property utilized as convention facilities to authorities; to provide for the assumption of certain contracts, bonds, notes, and other evidences of indebtedness and liabilities related to convention facilities by authorities; to authorize the creation of certain funds; to authorize expenditures from certain funds; to finance the acquisition of land and the development of certain convention facilities and of public improvements or related facilities; to provide for the issuance of bonds and notes; to authorize certain investments; to provide for the transfer of public employees to the employment of authorities; to provide for the allocation of liabilities related to employee benefits; to protect certain rights of local government employees; and to impose certain powers and duties upon state and local departments, agencies, and officers,” by amending sections 5, 7, 11, and 19 (MCL 141.1355, 141.1357, 141.1361, and 141.1369).
(Filed with the Secretary of State July 2, 2009, at 9:58 a.m.)
Date: July 1, 2009
Time: 1:22 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4310 (Public Act No. 64, I.E.), being
An act 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.
(Filed with the Secretary of State July 2, 2009, at 10:00 a.m.)
Date: July 1, 2009
Time: 1:24 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4897 (Public Act No. 65, 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 40116 (MCL 324.40116), as amended by 2004 PA 325.
(Filed with the Secretary of State July 2, 2009, at 10:02 a.m.)
Date: July 9, 2009
Time: 10:40 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4166 (Public Act No. 66, I.E.), being
An act to require disclosure of certain information in connection with refund anticipation loans; and to prescribe penalties.
(Filed with the Secretary of State July 9, 2009, at 11:00 a.m.)
Date: July 9, 2009
Time: 10:42 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4607 (Public Act No. 67, I.E.), being
An act to prescribe certain duties and obligations of the parties to a refund anticipation loan; and to prescribe penalties.
(Filed with the Secretary of State July 9, 2009, at 11:02 a.m.)
Date: July 9, 2009
Time: 10:44 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4184 (Public Act No. 68, I.E.), being
An act to amend 1919 PA 71, entitled “An act to provide for the formulation and establishment of a uniform system of accounting and reporting in the several departments, offices, and institutions of the state government, and in all county offices; to provide for the examination of the books and accounts of each state department, office, and institution, and of each county office; to provide for financial reports from all those departments, institutions, and offices, and for the tabulation and publication of comparative financial statistics relating to the departments, institutions, and offices; to provide for the administration of this act; to provide for the powers and duties of the department of treasury, the state treasurer, the library of Michigan and depository libraries, and other officers and entities; to provide penalties; and to provide for meeting the expense authorized by this act,” by amending sections 4 and 5 (MCL 21.44 and 21.45), as amended by 2002 PA 370.
(Filed with the Secretary of State July 9, 2009, at 11:04 a.m.)
Date: July 9, 2009
Time: 10:55 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4721 (Public Act No. 73, I.E.), being
An act to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 6, 11, 11j, 11n, 20, 22a, 22b, 26a, 31a, 51a, 51c, 53a, and 94a (MCL 388.1606, 388.1611, 388.1611j, 388.1611n, 388.1620, 388.1622a, 388.1622b, 388.1626a, 388.1631a, 388.1651a, 388.1651c, 388.1653a, and 388.1694a), sections 6, 11, 11j, 22a, 22b, 26a, 31a, 51a, 51c, 53a, and 94a as amended and section 11n as added by 2008 PA 268 and section 20 as amended by 2008 PA 561, and by adding section 98a.
(Filed with the Secretary of State July 9, 2009, at 11:14 a.m.)
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
June 12, 2009
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy, Labor and Economic Growth and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-047-SR (Secretary of State Filing #09-06-01) on this date at 10:21 a.m. for the Department of Energy, Labor and Economic Growth, entitled “State Police Retirement Board-General Hearing Rules”.
These rules become effective upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a (6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State,
June 12, 2009
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy, Labor and Economic Growth and the State Office of Administrative Hearings and Rules filed Administrative Rule #2007-063-LG (Secretary of State Filing #09-06-02) on this date at 10:23 a.m. for the Department of Energy, Labor and Economic Growth, entitled “Fire Inspector Certification”.
This rules become effective 60 days after filing.
June 25, 2009
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy, Labor and Economic Growth and the State Office of Administrative Hearings and Rules filed Administrative Rule #2009-024-LG (Secretary of State Filing #09-06-03) on this date at 10:59 a.m. for the Department of Energy, Labor and Economic Growth, entitled “On-Premises Licenses”.
This rules become effective 7 days after filing with the Secretary of State.
June 30, 2009
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of State Police and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-035-SP (Secretary of State Filing #09-06-04) on this date at 11:24 a.m. for the Department of State Police, entitled “Criminal Justice Information Systems”.
This rules become effective 7 days after filing with the Secretary of State.
June 30, 2009
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy, Labor and Economic Growth and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-053-LG (Secretary of State Filing #09-06-05) on this date at 11:26 a.m. for the Department of Energy, Labor and Economic Growth, entitled “Workers Compensation Health Care Services Rules”.
This rules become effective 7 days after filing with the Secretary of State.
Sincerely,
Terri Lynn Land
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
The following communication from the Department of State Police was received and read:
July 1, 2009
The 2008 Michigan Annual Drunk Driving Audit provides detailed information concerning traffic fatalities and injuries as well as arrest activities that are part of ongoing efforts to reduce drunk driving in our state.
The 2008 Michigan Drunk Driving Audit shows declines across the state in alcohol-related crashes, injury crashes, injuries, and overall arrests, but notes increases in crashes and deaths involving drugs. Overall, fatalities resulting from alcohol and/or drug-related crashes decreased slightly from 381 in 2007 to 379 in 2008.
In 2008, 47,251 alcohol and drug-related driving arrests were made, a drop of more than 2,600 from 2007. More than three times as many men as women were arrested for impaired driving offenses, with 35,508 men arrested compared to 11,743 women.
Of those arrests, 45,162 resulted in operating under the influence of liquor or impaired driving convictions. Some of these convictions may include arrests made in prior years.
The Michigan Annual Drunk Driving Audit was compiled with information and data provided by the Michigan Department of State Police, the Michigan Department of State, and the Michigan Department of Transportation. We appreciate the teamwork, assistance, and dedication of each of these departments in helping to make Michigan’s roads safe.
Questions regarding Section I (Traffic Crash and Arrest Data) should be directed to the Michigan Department of State Police, Criminal Justice Information Center, Traffic Crash Reporting Unit at (517) 322-1150. Questions regarding Section II (Conviction Disposition Data) should be directed to the Michigan Department of State at (517) 322-1598.
Sincerely,
Col. Peter C. Munoz, Director
Department of State Police
The communication was referred to the Clerk.
Announcements by the Clerk
June 26, 2009
Received from the Auditor General a copy of the following audit report and/or report summary:
Financial audit, including the provisions of the Single Audit Act, of the Department of Labor and Economic Growth (DLEG) for the period October 1, 2006 through September 30, 2008.
June 26, 2009
Received from the Auditor General a copy of the following audit report and/or report summary:
Financial audit, including the provisions of the Single Audit Act, of the Michigan Department of Agriculture for the period October 1, 2006 through September 30, 2008.
June 30, 2009
Received from the Auditor General a copy of the following audit report and/or report summary:
Financial audit, including the provisions of the Single Audit Act, of the Department of History, Arts and Libraries for the period October 1, 2006 through September 30, 2008.
June 30, 2009
Received from the Auditor General a copy of the following audit report and/or report summary:
Financial audit, including the provisions of the Single Audit Act, of the Michigan Department of Transportation for the period October 1, 2006 through September 30, 2008.
Richard J. Brown
Clerk of the House
June 30, 2009
Received from the Municipal Employees’ Retirement System of Michigan the Comprehensive Annual Financial Report for the Year Ending December 31, 2008, pursuant to the requirements of the MERS Plan Document and MCL38.1536(2)(f), which is available on their website at: www.mersofmich.com.
Richard J. Brown
Clerk of the House
By unanimous consent the House returned to the order of
Motions and Resolutions
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL 4.101 AND MCL 4.541 AND REQUIRES A RECORD ROLL CALL VOTE UNDER THE PROVISIONS OF RULE 37 OF THE STANDING RULES OF THE HOUSE OF REPRESENTATIVES.
Rep. Meadows offered the following resolution:
House Resolution No. 123.
A resolution to extend subpoena power to the House Judiciary Committee.
Whereas, Full access to accurate information is essential for sound decision making by any public or private body. Section 1 of 1931 PA 118, being MCL 4.101, provides, in part, that
Committees and commissions of or appointed by the legislature may by resolution of the legislature be authorized to administer oaths, subpoena witnesses and/or to examine the books and records of any persons, partnerships or corporations involved in a matter properly before any of such committees or commissions.
Section 1 of 1952 PA 46, being MCL 4.541, provides, in part, that
…any standing or select committee of the senate or the house of representatives, and any joint select committee of the senate and house of representatives, shall be authorized to subpoena and have produced before any such committee, or inspect the records and files of any state department, board, institution or agency; and it shall be the duty of any state department, board, institution or agency to produce before the committee as required by the subpoena, or permit the members of any such committee to inspect its records and files.
Pursuant to Rule 37 of the Standing Rules of the House of Representatives, the authority for a committee to issue subpoenas shall be granted by resolution, with the vote for adoption by record roll call and a majority of members elected and serving required for adoption; now, therefore, be it
Resolved by the House of Representatives, That, pursuant to MCL 4.101 and MCL 4.541 and Rule 37 of the Standing Rules of the House of Representatives, we hereby grant subpoena power to the House Judiciary Committee.
The resolution was referred to the Committee on Judiciary.
Introduction of Bills
Reps. Proos, Agema, Tyler, Stamas, Horn, Rogers, Pavlov, Pearce, Polidori, Caul, Schuitmaker, Scripps, Barnett, Sheltrown, Wayne Schmidt, Knollenberg, Lori and Meadows introduced
House Bill No. 5168, entitled
A bill to amend 1963 PA 17, entitled “An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health,” (MCL 691.1501 to 691.1507) by adding section 6.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Reps. Donigan, Lipton, Polidori, Byrnes, Robert Jones and Tlaib introduced
House Bill No. 5169, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 438.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Donigan, Lipton, Polidori, Robert Jones and Tlaib introduced
House Bill No. 5170, entitled
A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 6 (MCL 207.806), as amended by 2008 PA 548.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Donigan, Lipton, Polidori, Byrnes, Robert Jones and Tlaib introduced
House Bill No. 5171, 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 sections 14 and 17 (MCL 125.1664 and 125.1667), section 14 as amended by 1993 PA 323 and section 17 as amended by 1993 PA 122.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Donigan, Polidori, Lipton, Byrnes, Robert Jones and Tlaib introduced
House Bill No. 5172, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 10p.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Donigan, Lipton, Polidori, Byrnes, Robert Jones and Tlaib introduced
House Bill No. 5173, entitled
A bill to provide for the establishment of a transit revitalization zone tax increment finance authority; to prescribe the powers and duties of the authority; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote improvement in areas where transit projects are to be implemented; to create a board; to prescribe the powers and duties of the board; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Segal and Schuitmaker introduced
House Bill No. 5174, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2001 PA 211, and by adding sections 18n, 18o, 18p, 18q, and 18r to chapter XIIA.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Schuitmaker and Segal introduced
House Bill No. 5175, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding sections 1060, 1060a, 1060b, 1062, 1064, 1066, 1068, and 1070.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Kandrevas, Robert Jones, Constan, Amash, Haugh, Scripps, Tlaib, Barnett, Meadows, Schuitmaker and Wayne Schmidt introduced
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.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Robert Jones, Meadows, Schuitmaker, Amash, Kandrevas, Haugh, Polidori, Scripps, Tlaib, Gregory, Lisa Brown and Gonzales introduced
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.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Amash, Robert Jones, Schuitmaker, Kandrevas, Haugh, Polidori, Scripps, Tlaib, Gonzales, Barnett and Meadows introduced
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.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Schuitmaker, Meadows, Amash, Kandrevas, Haugh, Polidori, Scripps, Tlaib, Gregory, Gonzales and Barnett introduced
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.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Barnett, Robert Jones, Warren, Scripps, Kandrevas, Lisa Brown and Amash introduced
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.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Geiss, Bledsoe, Young, Gregory, LeBlanc, Melton, Valentine, Roy Schmidt, Slezak, Meadows, Tlaib and Bettie Scott introduced
House Bill No. 5181, entitled
A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2008 PA 425.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Reps. Meltzer, Denby, Moss, Bledsoe, Knollenberg, Amash, Agema, Marleau, Tyler, Pearce, Ball, DeShazor, Bolger, Lori, Daley, Rocca, Stamas, Kowall, Haveman, Walsh, Lund, Pavlov, Hansen, Crawford, Booher, Rogers, Green and Gregory introduced
House Bill No. 5182, entitled
A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2008 PA 425.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Rep. Bledsoe introduced
House Bill No. 5183, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 119 (MCL 259.119), as added by 2002 PA 90.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Reps. Bledsoe, Meltzer, Barnett, Lipton, Slezak, Stanley, Tlaib, Bauer, Smith, Robert Jones, Young, Durhal, Meadows, Lisa Brown, Haugh, Liss, Slavens, Terry Brown, Crawford, Wayne Schmidt, Daley, Calley, Kurtz, McMillin, Paul Scott, Pearce and Bettie Scott introduced
House Bill No. 5184, entitled
A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2008 PA 425.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Reps. Byrnes and Tlaib introduced
House Bill No. 5185, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16b of chapter XVII (MCL 777.16b), as amended by 2008 PA 562.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Byrnes and Tlaib introduced
House Bill No. 5186, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 49 (MCL 750.49), as amended by 2006 PA 129, and by adding section 49a.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Neumann, Meadows, Byrnes, Liss, Scripps, Roberts, Haase, Womack, Kennedy, Slavens, Haugh, Kandrevas, Constan, Durhal, Polidori, Terry Brown, Leland, Valentine, Segal, Spade, Miller, Geiss, Roy Schmidt, Bauer, Tlaib, Dean, Ebli, Gregory, Robert Jones, Donigan, Gonzales, Mayes, Sheltrown, McDowell, Lahti, Lisa Brown and Jackson introduced
House Bill No. 5187, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11a (MCL 400.11a), as amended by 1990 PA 122.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Reps. Rocca, Meadows, Byrnes, Liss, Scripps, Roberts, Haase, Womack, Kennedy, Slavens, Haugh, Kandrevas, Constan, Durhal, Polidori, Terry Brown, Leland, Valentine, Segal, Spade, Miller, Geiss, Roy Schmidt, Bauer, Tlaib, Lemmons, Dean, Ebli, Gregory, Robert Jones, Donigan, Lisa Brown, Gonzales, Mayes, Sheltrown, McDowell, Neumann, Lahti, Bettie Scott and Jackson introduced
House Bill No. 5188, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5501 (MCL 700.5501).
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Bauer, Meadows, Byrnes, Liss, Scripps, Roberts, Haase, Womack, Kennedy, Slavens, Haugh, Kandrevas, Constan, Durhal, Polidori, Terry Brown, Leland, Valentine, Segal, Spade, Miller, Geiss, Roy Schmidt, Tlaib, Gregory, Dean, Ebli, Robert Jones, Donigan, Lisa Brown, Gonzales, Mayes, Sheltrown, McDowell, Neumann and Lahti introduced
House Bill No. 5189, entitled
A bill to amend 1953 PA 181, entitled “An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon,” by amending sections 1c, 2, and 3 (MCL 52.201c, 52.202, and 52.203), section 2 as amended by 2004 PA 153 and section 3 as amended by 2006 PA 569.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Reps. Meadows, Byrnes, Liss, Scripps, Roberts, Haase, Womack, Kennedy, Slavens, Haugh, Kandrevas, Huckleberry, Constan, Durhal, Polidori, Terry Brown, Leland, Valentine, Segal, Spade, Miller, Geiss, Roy Schmidt, Bauer, Tlaib, Lemmons, Dean, Ebli, Gregory, Robert Jones, Donigan, Lisa Brown, Gonzales, Sheltrown, Mayes, McDowell, Neumann, Lahti and Jackson introduced
House Bill No. 5190, entitled
A bill to prescribe the senior medical alert as the official response to reports of certain missing persons; to provide for the broadcast of information regarding those incidents; and to provide for certain civil immunity.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Reps. Womack, Meadows, Byrnes, Liss, Scripps, Roberts, Haase, Kennedy, Slavens, Haugh, Kandrevas, Constan, Durhal, Polidori, Terry Brown, Leland, Valentine, Segal, Spade, Miller, Geiss, Roy Schmidt, Bauer, Tlaib, Gonzales, Dean, Ebli, Gregory, Robert Jones, Donigan, Mayes, Sheltrown, McDowell, Neumann, Lahti, Lisa Brown and Jackson introduced
House Bill No. 5191, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21771 (MCL 333.21771).
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Reps. DeShazor, Meadows, Byrnes, Liss, Scripps, Roberts, Haase, Womack, Kennedy, Slavens, Haugh, Kandrevas, Constan, Durhal, Polidori, Terry Brown, Leland, Valentine, Segal, Spade, Miller, Geiss, Roy Schmidt, Bauer, Tlaib, Lemmons, Dean, Ebli, Gregory, Robert Jones, Donigan, Gonzales, Mayes, Sheltrown, McDowell, Neumann, Lahti, Lisa Brown, Bettie Scott and Jackson introduced
House Bill No. 5192, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5410 (MCL 700.5410).
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Roberts, Meadows, Byrnes, Liss, Scripps, Haase, Womack, Kennedy, Slavens, Haugh, Kandrevas, Constan, Durhal, Polidori, Terry Brown, Leland, Valentine, Segal, Spade, Miller, Geiss, Roy Schmidt, Bauer, Tlaib, Lemmons, Dean, Ebli, Gregory, Robert Jones, Donigan, Gonzales, Mayes, Sheltrown, McDowell, Neumann, Lahti, Lisa Brown and Jackson introduced
House Bill No. 5193, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11 (MCL 400.11), as amended by 1990 PA 122.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Reps. Coulouris, Meadows, Byrnes, Scripps, Liss, Roberts, Haase, Womack, Kennedy, Slavens, Haugh, Kandrevas, Constan, Durhal, Polidori, Terry Brown, Leland, Valentine, Segal, Spade, Miller, Geiss, Roy Schmidt, Bauer, Tlaib, Lemmons, Dean, Ebli, Gregory, Robert Jones, Donigan, Gonzales, Mayes, Sheltrown, McDowell, Neumann, Lahti, Lisa Brown, Bettie Scott and Jackson introduced
House Bill No. 5194, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 5422 and 5423 (MCL 700.5422 and 700.5423), section 5423 as amended by 2005 PA 204.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. McDowell, Meadows, Byrnes, Scripps, Liss, Roberts, Haase, Womack, Kennedy, Slavens, Haugh, Kandrevas, Constan, Durhal, Polidori, Terry Brown, Leland, Valentine, Segal, Spade, Miller, Geiss, Roy Schmidt, Bauer, Tlaib, Gonzales, Dean, Ebli, Gregory, Robert Jones, Donigan, Mayes, Sheltrown, Neumann, Lahti, Lisa Brown and Jackson introduced
House Bill No. 5195, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 2802, 2803, and 2804 (MCL 700.2802, 700.2803, and 700.2804).
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Reps. Switalski, Meadows, Byrnes, Liss, Scripps, Roberts, Haase, Womack, Kennedy, Slavens, Haugh, Kandrevas, Constan, Durhal, Terry Brown, Leland, Segal, Spade, Miller, Geiss, Roy Schmidt, Bauer, Tlaib, Ebli, Gregory, Lemmons, Dean, Robert Jones, Neumann, Donigan, Gonzales, Lisa Brown, Mayes, Sheltrown, McDowell, Lahti, Bettie Scott and Jackson introduced
House Bill No. 5196, entitled
A bill to make uniform the law relating to the designation of agents to act for principals under powers of attorney; to provide for the powers of designated agents; to provide for an optional form for powers of attorney; to provide remedies; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. McDowell, Lindberg, Lahti, Sheltrown, Neumann, Calley and Nerat introduced
House Bill No. 5197, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” (MCL 38.1 to 38.69) by adding section 46a.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. Haugh, Roberts, Kandrevas, Slezak, Liss, Scripps, Switalski, Barnett, Miller, Rick Jones and Dean introduced
House Bill No. 5198, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 701 (MCL 436.1701), as amended by 2006 PA 682.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Haugh, Roberts, Kandrevas, Slezak, Liss, Scripps, Switalski, Barnett, Miller, Rick Jones and Dean introduced
House Bill No. 5199, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 319 (MCL 257.319), as amended by 2008 PA 463.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Haugh, Roberts, Kandrevas, Slezak and Dean introduced
House Bill No. 5200, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2511 (MCL 339.2511), as amended by 1990 PA 164.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Haugh, Roberts, Kandrevas, Slezak and Dean introduced
House Bill No. 5201, entitled
A bill to repeal 1972 PA 286, entitled “Land sales act,” (MCL 565.801 to 565.835).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Opsommer introduced
House Joint Resolution Y, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 9 of article IX, to provide for the disposition of certain regulatory fees for transportation purposes.
The joint resolution was read a first time by its title and referred to the Committee on Transportation.
By unanimous consent the House returned to the order of
Messages from the Senate
House Concurrent Resolution No. 24.
A concurrent resolution prescribing the legislative schedule.
(For text of resolution, see House Journal No. 61, p. 1268.)
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
Rep. Kennedy moved that the House adjourn.
The motion prevailed, the time being 4:50 p.m.
Associate Speaker Pro Tempore Scripps declared the House adjourned until Wednesday, July 15, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
1270 JOURNAL OF THE HOUSE [July 14, 2009] [No. 62
No. 62] [July 14, 2009] JOURNAL OF THE HOUSE 1271
1272 JOURNAL OF THE HOUSE [July 14, 2009] [No. 62
No. 62] [July 14, 2009] JOURNAL OF THE HOUSE 1273
1274 JOURNAL OF THE HOUSE [July 14, 2009] [No. 62
No. 62] [July 14, 2009] JOURNAL OF THE HOUSE 1275
1276 JOURNAL OF THE HOUSE [July 14, 2009] [No. 62
No. 62] [July 14, 2009] JOURNAL OF THE HOUSE 1277
1278 JOURNAL OF THE HOUSE [July 14, 2009] [No. 62
No. 62] [July 14, 2009] JOURNAL OF THE HOUSE 1279
1280 JOURNAL OF THE HOUSE [July 14, 2009] [No. 62
No. 62] [July 14, 2009] JOURNAL OF THE HOUSE 1281
1282 JOURNAL OF THE HOUSE [July 14, 2009] [No. 62
No. 62] [July 14, 2009] JOURNAL OF THE HOUSE 1283
1284 JOURNAL OF THE HOUSE [July 14, 2009] [No. 62
No. 62] [July 14, 2009] JOURNAL OF THE HOUSE 1285
1286 JOURNAL OF THE HOUSE [July 14, 2009] [No. 62
No. 62] [July 14, 2009] JOURNAL OF THE HOUSE 1287
1288 JOURNAL OF THE HOUSE [July 14, 2009] [No. 62
No. 62] [July 14, 2009] JOURNAL OF THE HOUSE 1289
1290 JOURNAL OF THE HOUSE [July 14, 2009] [No. 62
No. 62] [July 14, 2009] JOURNAL OF THE HOUSE 1291
1292 JOURNAL OF THE HOUSE [July 14, 2009] [No. 62
No. 62] [July 14, 2009] JOURNAL OF THE HOUSE 1293
1294 JOURNAL OF THE HOUSE [July 14, 2009] [No. 62