No. 85

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

House Chamber, Lansing, Wednesday, October 7, 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—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—e/d/s 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—present Womack—present

Dillon—present Kowall—present Polidori—present Young—present

Donigan—present Kurtz—present

e/d/s = entered during session

Rep. Jennifer Haase, from the 32nd District, offered the following invocation:

“Lord, please help us learn to be strong but not rude; learn to be kind but not weak; learn to be bold but not a bully; learn to be humble, but not timid; be proud but not arrogant, develop humor without folly. For with these skills that You grant to us, we hope to serve You by doing the right thing and making the right choices for the people of Michigan. We ask this in Your name, Amen.”

______

Rep. Angerer moved that Reps. Bennett and Nerat be excused from today’s session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4989, entitled

A bill to regulate guaranteed asset protection waivers offered or provided in connection with finance agreements for certain motor vehicles; to provide for the powers and duties of certain state governmental officers and entities; and to provide remedies.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Insurance,

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

Rep. Rocca moved to amend the bill as follows:

1. Amend page 2, line 27, by striking out all of subdivision (f) and inserting:

“(f) “Free look period” means the period of time during which a borrower may cancel a guaranteed asset protection waiver without penalty, fees, or costs to the borrower. A free look period must begin on the effective date of the guaranteed asset protection waiver, and the term of a free look period must be at least 30 days.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Rocca 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. 4989, entitled

A bill to regulate guaranteed asset protection waivers offered or provided in connection with finance agreements for certain motor vehicles; to provide for the powers and duties of certain state governmental officers and entities; and to provide remedies.

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

Roll Call No. 491 Yeas—106

Agema Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Genetski Lipton Schmidt, W.

Bledsoe Gonzales Liss Schuitmaker

Bolger Green Lori Scott, B.

Booher Gregory Lund Scott, P.

Brown, L. Griffin Marleau Scripps

Brown, T. Haase Mayes Segal

Byrnes Haines McDowell Sheltrown

Byrum Hammel McMillin Simpson

Calley Hansen Meadows Slavens

Caul Haugh Meekhof Slezak

Clemente Haveman Melton Smith

Constan Hildenbrand Meltzer Spade

Corriveau Horn Miller Stamas

Coulouris Huckleberry Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Neumann Tyler

Dean Kandrevas Opsommer Valentine

Denby Kennedy Pavlov Walsh

DeShazor Knollenberg Pearce Warren

Dillon Kowall Polidori Womack

Donigan Kurtz Proos Young

Durhal Lahti

Nays—1

Amash

In The Chair: Byrnes

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4990, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 127.

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

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

Rep. Johnson moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Angerer moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Jackson entered the House Chambers.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4990, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 127.

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

Roll Call No. 492 Yeas—106

Agema Elsenheimer LeBlanc Roberts

Angerer Espinoza Leland Rocca

Ball Geiss Lemmons Rogers

Barnett Genetski Lindberg Schmidt, R.

Bauer Gonzales Lipton Schmidt, W.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scott, B.

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen McMillin Simpson

Calley Haugh Meadows Slavens

Caul Haveman Meekhof Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Neumann Tyler

Dean Kandrevas Opsommer Valentine

Denby Kennedy Pavlov Walsh

DeShazor Knollenberg Pearce Warren

Donigan Kowall Polidori Womack

Durhal Kurtz Proos Young

Ebli Lahti

Nays—1

Amash

In The Chair: Byrnes

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4991, entitled

A bill to amend 1950 (Ex Sess) PA 27, entitled “Motor vehicle sales finance act,” by amending section 13 (MCL 492.113), as amended by 2002 PA 699.

The bill was read a second time.

Rep. Johnson 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. 4991, entitled

A bill to amend 1950 (Ex Sess) PA 27, entitled “Motor vehicle sales finance act,” by amending section 13 (MCL 492.113), as amended by 2002 PA 699.

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

Roll Call No. 493 Yeas—106

Agema Elsenheimer LeBlanc Roberts

Angerer Espinoza Leland Rocca

Ball Geiss Lemmons Rogers

Barnett Genetski Lindberg Schmidt, R.

Bauer Gonzales Lipton Schmidt, W.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scott, B.

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen McMillin Simpson

Calley Haugh Meadows Slavens

Caul Haveman Meekhof Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Neumann Tyler

Dean Kandrevas Opsommer Valentine

Denby Kennedy Pavlov Walsh

DeShazor Knollenberg Pearce Warren

Donigan Kowall Polidori Womack

Durhal Kurtz Proos Young

Ebli Lahti

Nays—1

Amash

In The Chair: Byrnes

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4992, entitled

A bill to amend 1966 PA 224, entitled “Retail installment sales act,” by amending section 3 (MCL 445.853).

The bill was read a second time.

Rep. Melton 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. 4992, entitled

A bill to amend 1966 PA 224, entitled “Retail installment sales act,” by amending section 3 (MCL 445.853).

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

Roll Call No. 494 Yeas—106

Agema Elsenheimer LeBlanc Roberts

Angerer Espinoza Leland Rocca

Ball Geiss Lemmons Rogers

Barnett Genetski Lindberg Schmidt, R.

Bauer Gonzales Lipton Schmidt, W.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scott, B.

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen McMillin Simpson

Calley Haugh Meadows Slavens

Caul Haveman Meekhof Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Neumann Tyler

Dean Kandrevas Opsommer Valentine

Denby Kennedy Pavlov Walsh

DeShazor Knollenberg Pearce Warren

Donigan Kowall Polidori Womack

Durhal Kurtz Proos Young

Ebli Lahti

Nays—1

Amash

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. Angerer moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Wednesday, October 7:

House Bill No. 5499

House Joint Resolution HH

Senate Bill Nos. 883 884 885

The Clerk announced that the following Senate bills had been received on Wednesday, October 7:

Senate Bill Nos. 553 555

Reports of Standing Committees

The Committee on New Economy and Quality of Life, by Rep. Clemente, Chair, reported

Senate Bill No. 418, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88q (MCL 125.2088q), as added by 2008 PA 175.

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. Clemente, Stanley, Byrnes, Griffin, Segal, Bolger, Denby and Tyler

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Clemente, Chair, of the Committee on New Economy and Quality of Life, was received and read:

Meeting held on: Wednesday, October 7, 2009

Present: Reps. Clemente, Stanley, Byrnes, Griffin, Segal, Bolger, Denby and Tyler

Absent: Reps. Geiss, Leland and Knollenberg

Excused: Reps. Geiss, Leland and Knollenberg

Messages from the Senate

Senate Bill No. 553, entitled

A bill to amend 1984 PA 34, entitled “Michigan low income heating assistance and shut-off protection act,” by amending section 7 (MCL 400.1207).

The Senate has passed the bill.

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

Senate Bill No. 555, entitled

A bill to amend 1984 PA 34, entitled “Michigan low income heating assistance and shut-off protection act,” (MCL 400.1201 to 400.1217) by adding section 7a.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Knollenberg, Lund, Rick Jones, Genetski, Meltzer, DeShazor, McMillin, Amash and Lori introduced

House Bill No. 5500, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1209.

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

______

Rep. Gonzales moved that the House adjourn.

The motion prevailed, the time being 3:20 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, October 8, at 12:00 Noon.

RICHARD J. BROWN

Clerk of the House of Representatives

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