No. 74
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Wednesday, September 16, 2009.
10:00 a.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Durhal—present Lahti—present Proos—present
Amash—present Ebli—present LeBlanc—present Roberts—present
Angerer—present Elsenheimer—present Leland—present Rocca—present
Ball—present Espinoza—present Lemmons—present Rogers—present
Barnett—present Geiss—present Lindberg—present Schmidt, R.—present
Bauer—present Genetski—present Lipton—present Schmidt, W.—present
Bennett—excused Gonzales—present Liss—present Schuitmaker—present
Bledsoe—present Green—present Lori—present Scott, B.—present
Bolger—present Gregory—present Lund—present Scott, P.—present
Booher—present Griffin—present Marleau—present Scripps—present
Brown, L.—present Haase—present Mayes—present Segal—present
Brown, T.—present Haines—present McDowell—present Sheltrown—present
Byrnes—present Hammel—present McMillin—present Simpson—present
Byrum—present Hansen—present Meadows—present Slavens—present
Calley—present Haugh—present Meekhof—present Slezak—present
Caul—present Haveman—present Melton—present Smith—present
Clemente—present Hildenbrand—present Meltzer—present Spade—present
Constan—present Horn—present Miller—present Stamas—present
Corriveau—present Huckleberry—present Moore—present Stanley—present
Coulouris—present Jackson—present Moss—present Switalski—present
Crawford—present Johnson—present Nathan—present Tlaib—present
Cushingberry—present Jones, Rick—present Nerat—excused 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—excused Womack—present
Dillon—present Kowall—present Polidori—present Young—present
Donigan—present Kurtz—present
e/d/s = entered during session
Rep. Robert Dean, from the 75th District, offered the following invocation:
“Our Father and the Father of all mankind, we thank Thee for Thy mercies which are new every morning. For the gift of sleep; for health and strength; for daily work and open doors of service; for these and more, we are grateful this day.
May we be worthy of the examples of courage and endurance and sacrifice which are being given to us by those who are in uniform. We ask for the capacity of soul to resist the pressure of evil and to win victories over cruel circumstances and devouring fears.
There have come to us new hopes born in nights of darkness and new ideals that were formed in solemn, solitary hours when we raised our hearts to Thee in communion and worship.
We are mindful of our failures and of our sins as individuals and as large collective groups. We can see that our blindness and waywardness have resulted in terrible agonies and sorrows over the face of the earth. We draw back from the judgments of God which we merit. Give us strength to see it through with honor.
Upon every home and upon every lonely person may a double portion of Thy spirit come this day to heal and to help. We pray for guidance, for new strength, for greater courage, for deeper conviction.
In this brief period of prayer may we stand before Thee, forgiven, cleansed and nerved for the remainder of the day.
Amen.”
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Rep. Meekhof moved that Rep. Pearce be excused from today’s session.
The motion prevailed.
Rep. Angerer moved that Reps. Bennett and Nerat be excused from today’s session.
The motion prevailed.
Motions and Resolutions
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 156.
A resolution of tribute offered as a memorial for Richard A. Young, former member of the House of Representatives.
Whereas, With the passing of Richard A. Young, Michigan has lost a gentleman who contributed enormously to the operations of state government and its legislative branch. With his intellect, character, and even-handed approach to solving problems, Dick Young left a lasting legacy of effectiveness through his 30 years as a lawmaker. The impact of his record continues to be felt in Lansing, especially by those who worked with him at the Capitol; and
Whereas, A veteran of service with the Air Force, Dick Young earned his bachelor’s degree from the University of Detroit and juris doctorate from Wayne State University. His experiences as the Dearborn Township Treasurer and as the Dearborn Heights City Treasurer, as well as his work as a teacher and attorney, gave him a sound understanding of the complexities of government. In 1965, he brought his talents and knowledge to Lansing for the first of his 15 terms, which saw him serve with 4 governors, Romney, Milliken, Blanchard, and Engler; and
Whereas, Representative Dick Young’s tenure of service was marked by a balance of thoughtfulness, pragmatism, and compassion for others. A long-time member of the House Appropriations Committee and Chair of the General Government Subcommittee, he had an exceptional grasp of financial fundamentals during an era marked by difficult and transformational changes in our state. His leadership during the historic shared power agreement of 1993-1994, when he served as a Co-Chair of the House Appropriations Committee, reflected the respect held for his knowledge and integrity; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Richard A. Young, a member of this legislative body from 1965 to 1994; and be it further
Resolved, That copies of this resolution be transmitted to the Young family as evidence of our lasting esteem for his memory.
The question being on the adoption of the resolution,
The resolution was adopted by unanimous standing vote.
Second Reading of Bills
House Bill No. 5127, entitled
A bill to amend 1988 PA 466, entitled “Animal industry act,” (MCL 287.701 to 287.745) by adding section 8a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Agriculture,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Simpson moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Simpson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5127, entitled
A bill to amend 1988 PA 466, entitled “Animal industry act,” (MCL 287.701 to 287.745) by adding section 8a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 443 Yeas—87
Angerer Donigan Kennedy Schmidt, R.
Ball Durhal Lahti Scott, B.
Barnett Ebli LeBlanc Scott, P.
Bauer Espinoza Leland Scripps
Bledsoe Geiss Lemmons Segal
Bolger Genetski Lindberg Sheltrown
Brown, L. Gonzales Lipton Simpson
Brown, T. Green Liss Slavens
Byrnes Gregory Lund Slezak
Byrum Griffin Mayes Smith
Calley Haase McDowell Spade
Caul Hammel Meadows Stamas
Clemente Hansen Meekhof Stanley
Constan Haugh Melton Switalski
Corriveau Haveman Miller Tlaib
Coulouris Horn Nathan Tyler
Crawford Huckleberry Neumann Valentine
Cushingberry Jackson Opsommer Walsh
Dean Johnson Polidori Warren
Denby Jones, Rick Proos Womack
DeShazor Jones, Robert Roberts Young
Dillon Kandrevas Rocca
Nays—20
Agema Haines Lori Moss
Amash Hildenbrand Marleau Pavlov
Booher Knollenberg McMillin Rogers
Daley Kowall Meltzer Schmidt, W.
Elsenheimer Kurtz Moore Schuitmaker
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1988 PA 466, entitled “Animal industry act,” (MCL 287.701 to 287.745) by adding section 46.
The motion prevailed.
The House agreed to the title as amended.
Reps. Schuitmaker, Kurtz and Daley moved that their names be removed as co‑sponsors of the bill.
The motion prevailed.
______
Rep. Agema, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
This is like negotiating with terrorists. They put a gun to your head and say if you don’t sign this something else worse might happen. We are bending to an organization out of fear and giving more regulations to our farmers. A yes vote means you fear something else worse might happen but may not. I don’t believe this is good legislation- too many assumptions.”
Second Reading of Bills
Senate Bill No. 480, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 515 (MCL 208.1515), as amended by 2007 PA 145.
The bill was read a second time.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 480, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 515 (MCL 208.1515), as amended by 2007 PA 145.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 444 Yeas—106
Agema Ebli Lahti Roberts
Amash Elsenheimer LeBlanc Rocca
Angerer Espinoza Leland Rogers
Ball Geiss Lemmons Schmidt, R.
Barnett Genetski Lindberg Schmidt, W.
Bauer Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, T. Haase Marleau Segal
Byrnes Haines Mayes Sheltrown
Byrum Hammel McDowell Simpson
Calley Hansen McMillin Slavens
Caul Haugh Meadows Slezak
Clemente Haveman Meekhof Smith
Constan Hildenbrand Melton Spade
Corriveau Horn Meltzer Stamas
Coulouris Huckleberry Miller Stanley
Crawford Jackson Moore Switalski
Cushingberry Johnson Moss Tlaib
Daley Jones, Rick Nathan Tyler
Dean Jones, Robert Neumann Valentine
Denby Kandrevas Opsommer Walsh
DeShazor Kennedy Pavlov Warren
Dillon Knollenberg Polidori Womack
Donigan Kowall Proos Young
Durhal Kurtz
Nays—1
Brown, L.
In The Chair: Byrnes
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”
The House agreed to the full title.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved that the Committee on Appropriations be discharged from further consideration of House Bill No. 5223.
(For first notice see House Journal No. 73, p. 1537.)
The question being on the motion made by Rep. Angerer,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
House Bill No. 5223, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3118 and 3120 (MCL 324.3118 and 324.3120), section 3118 as amended by 2008 PA 2 and section 3120 as added by 2004 PA 91.
The bill was read a second time.
Rep. Espinoza moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5223, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3118 and 3120 (MCL 324.3118 and 324.3120), section 3118 as amended by 2008 PA 2 and section 3120 as added by 2004 PA 91.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 445 Yeas—67
Angerer Donigan Kennedy Schmidt, R.
Ball Durhal Lahti Scott, B.
Barnett Ebli LeBlanc Scripps
Bauer Espinoza Leland Segal
Bledsoe Geiss Lemmons Simpson
Booher Gonzales Lindberg Slavens
Brown, L. Gregory Lipton Slezak
Brown, T. Griffin Liss Smith
Byrnes Haase McDowell Spade
Byrum Hammel Meadows Stanley
Clemente Hansen Melton Switalski
Constan Haugh Miller Tlaib
Corriveau Huckleberry Nathan Valentine
Coulouris Jackson Neumann Warren
Cushingberry Johnson Polidori Womack
Dean Jones, Robert Roberts Young
Dillon Kandrevas Rogers
Nays—40
Agema Genetski Lori Pavlov
Amash Green Lund Proos
Bolger Haines Marleau Rocca
Calley Haveman Mayes Schmidt, W.
Caul Hildenbrand McMillin Schuitmaker
Crawford Horn Meekhof Scott, P.
Daley Jones, Rick Meltzer Sheltrown
Denby Knollenberg Moore Stamas
DeShazor Kowall Moss Tyler
Elsenheimer Kurtz Opsommer Walsh
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Agema, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
Here we go again, we are asked to vote on a bill we haven’t vetted. It is an extension of fees that should sunset, so in effect, it raises taxes. This is more fines, fees and permits. This is once again balancing the budget on the backs of its citizens.”
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved that when the House adjourns today it stand adjourned until Thursday, September 17, at 10:00 a.m.
The motion prevailed.
Reps. Hansen, Barnett, Bauer, Terry Brown, Byrnes, Caul, Constan, Crawford, Dean, Geiss, Gonzales, Green, Haase, Haines, Haugh, Haveman, Rick Jones, Knollenberg, Kurtz, Lahti, LeBlanc, Lipton, Lund, Neumann, Opsommer, Polidori, Proos, Rogers, Wayne Schmidt, Spade, Switalski, Tyler, Valentine, Clemente, Durhal, Griffin, Huckleberry, Kandrevas, Scripps and Ball offered the following resolution:
House Resolution No. 157.
A resolution proclaiming September 17, 2009, as Buy Local – Select Michigan Day.
Whereas, If every household spent $10 per week of their current grocery budget on locally grown and produced foods, it would keep almost $37 million weekly or $2 billion yearly working for Michigan’s economy; and
Whereas, Michigan farmers produce more than 200 agricultural commodities. This makes Michigan the second-most agriculturally diverse state in the nation; and
Whereas, Michigan agri-food industry contributes $71.3 billion to the state’s economy annually. It is the second-largest industry in the state; and
Whereas, The rise in consumer demand for fresh, local food has more than doubled the number of farmers markets in the state in less than a decade, from only 90 in 2001 to more than 200 today; and
Whereas, Retailers, wholesalers and restaurants are working with Michigan growers to offer more locally-grown products on their tables and store shelves to meet that rising demand for local food; and
Whereas, Buying locally connects consumers and farmers. It allows consumers to know where their food comes from and how it’s grown; and
Whereas, Buying food that is grown and produced in Michigan delivers a fresher product to consumers and supports family farms, agri-businesses, rural and urban communities and the local economy; and
Whereas, A special day and farmers market celebration, sponsored by Michigan Food and Farming Systems and the Michigan Department of Agriculture with support from the Michigan Farmers Market Association and the Food Bank Council of Michigan, has been set aside to celebrate Michigan farmers and local food; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body proclaim September 17, 2009, as Buy Local – Select Michigan Day and encourage all citizens to buy fresh, local food and support Michigan farmers.
The question being on the adoption of the resolution,
The resolution was adopted.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Wednesday, September 16:
House Bill Nos. 5356 5357 5358 5359 5360 5361 5362 5363 5364 5365 5366 5367 5368 5369
5370 5371 5372 5373 5374
House Joint Resolution GG
Senate Bill Nos. 802 803 804 805 806 807 808 809 810 811 812 813 814 815
816 817 818 819 820 821 822 823 824 825
Reports of Standing Committees
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ebli, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, September 16, 2009
Present: Reps. Ebli, Melton, Barnett, Coulouris, Robert Jones, Kandrevas, Lipton, Mayes, Slezak, Warren, Calley, Kowall, Lund, Meekhof, Meltzer, Stamas and Walsh
Communications from State Officers
The following communication from the Secretary of State was received and read:
Notice of Filing
Administrative Rules
August 17, 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 #2009-018-LG (Secretary of State Filing #09‑08‑01) on this date at 2:29 p.m. for the Department of Energy, Labor and Economic Growth; entitled “Part 381 Ionizing Radiation”.
These 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 communication was referred to the Clerk.
The following communication from the Department of Community Health was received and read:
September 15, 2009
Received from the Bureau of Health Professions, the FY 2008 Health Professional Disciplinary Reform Report, per the requirements of Public Acts 79, 80, and 87 of 1993 (MCL 333.16241(8)), covering the reporting period: October 1, 2007 to September 30, 2008.
The communication was referred to the Clerk.
Introduction of Bills
Reps. Scripps, Huckleberry, Terry Brown, Opsommer, Lisa Brown, Geiss, Slavens, Clemente, Roberts, Smith, Mayes, Polidori, Gonzales, Warren, Barnett, Lipton, Horn, Crawford, Lindberg, Proos, Marleau, Walsh, Valentine, Melton, Wayne Schmidt and Ebli introduced
House Bill No. 5375, entitled
A bill to provide for loans, grants, and other assistance for energy efficiency and renewable energy projects; to create a restricted fund; and to provide for the powers and duties of certain state and local governmental officers and entities.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Reps. Horn, Walsh, Moss, Meekhof, Green, Crawford, Stamas, DeShazor, Rick Jones, Haveman, Denby, Hansen, Booher, Kowall, Proos, Meltzer, Rogers, Schuitmaker, Paul Scott, Ball, Elsenheimer, Hildenbrand, Agema, Amash, Tyler, Genetski, McMillin, Daley, Moore, Rocca, Pavlov, Calley, Kurtz, Opsommer, Lori, Wayne Schmidt, Bolger, Knollenberg, Haines, Marleau and Lund introduced
House Bill No. 5376, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 278.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
______
Rep. Hildenbrand moved that the House adjourn.
The motion prevailed, the time being 11:20 a.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, September 17, at 10:00 a.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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