No. 99
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Tuesday, November 10, 2009.
1:30 p.m.
The House was called to order by Associate Speaker Pro Tempore Scripps.
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—excused LeBlanc—present Roberts—present
Angerer—present Elsenheimer—excused Leland—present Rocca—present
Ball—present Espinoza—excused Lemmons—present Rogers—excused
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.—excused
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—excused Sheltrown—present
Byrnes—excused Hammel—present McMillin—present Simpson—excused
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—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. Brian N. Calley, from the 87th District, offered the following invocation:
“Lord, we come to You, seeking wisdom, but even more Your blessings. For we know that all good things come from You.
Lord, as Your will is revealed, please provide the insight to recognize it and the courage to follow it.
I Corinthians 16:9 says: ‘For a great door and effectual is opened unto me, and there are many adversaries.’ Give us the strength to overcome those adversaries. We ask this in Jesus’ name - Amen.”
______
Rep. Pearce moved that Reps. Elsenheimer and Rogers be excused from today’s session.
The motion prevailed.
Rep. Angerer moved that Reps. Bennett, Byrnes, Dillon, Ebli, Espinoza, McDowell, Bettie Scott and Simpson be excused from today’s session.
The motion prevailed.
Reports of Standing Committees
The Speaker laid before the House
House Concurrent Resolution No. 29.
A concurrent resolution to memorialize the Congress of the United States to enact a Taxpayer Equity Act (TEA), prohibiting states with levels of unemployment that exceed the national average from being donor states.
(For text of concurrent resolution, see House Journal No. 77, p. 1596.)
(The concurrent resolution was reported by the Committee on Tax Policy on November 4.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Rep. Nerat was named co‑sponsor of the bill.
Second Reading of Bills
Senate Bill No. 493, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 431c (MCL 208.1431c), as added by 2008 PA 88.
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. 493, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 431c (MCL 208.1431c), as added by 2008 PA 88.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 537 Yeas—88
Angerer Geiss Lahti Roberts
Ball Gonzales LeBlanc Rocca
Barnett Green Leland Schmidt, R.
Bauer Gregory Lemmons Schmidt, W.
Bolger Griffin Lindberg Schuitmaker
Booher Haase Lipton Scripps
Brown, L. Haines Liss Segal
Brown, T. Hammel Lori Sheltrown
Byrum Hansen Marleau Slavens
Calley Haugh Mayes Slezak
Caul Hildenbrand Meadows Smith
Clemente Horn Melton Spade
Constan Huckleberry Meltzer Stamas
Corriveau Jackson Moore Stanley
Coulouris Johnson Moss Switalski
Crawford Jones, Rick Nathan Tlaib
Cushingberry Jones, Robert Nerat Tyler
Dean Kandrevas Neumann Valentine
Denby Kennedy Pavlov Walsh
DeShazor Knollenberg Pearce Warren
Donigan Kowall Polidori Womack
Durhal Kurtz Proos Young
Nays—12
Agema Daley Lund Miller
Amash Genetski McMillin Opsommer
Bledsoe Haveman Meekhof Scott, P.
In The Chair: Scripps
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.
Second Reading of Bills
Senate Bill No. 204, entitled
A bill to amend 1985 PA 148, entitled “Self-service storage facility act,” by amending sections 2, 3, 4, and 5 (MCL 570.522, 570.523, 570.524, and 570.525), as amended by 2000 PA 443.
The bill was read a second time.
Rep. Byrnes moved to amend the bill as follows:
1. Amend page 6, line 14, after “ADDRESS.” by inserting “AN OWNER WHO GIVES NOTICE UNDER SUBSECTION (2) SHALL MAKE AN AFFIDAVIT STATING HOW AND WHEN THE NOTICE WAS DELIVERED TO THE TENANT AND SHALL ATTACH A COPY OF THE NOTICE TO THE AFFIDAVIT. THE OWNER SHALL RETAIN THE AFFIDAVIT FOR INTRODUCTION INTO EVIDENCE IN ANY POTENTIAL ACTION UNDER SECTION 6(1).”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 204, entitled
A bill to amend 1985 PA 148, entitled “Self-service storage facility act,” by amending sections 2, 3, 4, and 5 (MCL 570.522, 570.523, 570.524, and 570.525), as amended by 2000 PA 443.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 538 Yeas—99
Agema Geiss LeBlanc Proos
Angerer Genetski Leland Roberts
Ball Gonzales Lemmons Rocca
Barnett Green Lindberg Schmidt, R.
Bauer Gregory Lipton Schmidt, W.
Bledsoe Griffin Liss Schuitmaker
Bolger Haase Lori Scott, P.
Booher Haines Lund Scripps
Brown, L. Hammel Marleau Segal
Brown, T. Hansen Mayes Sheltrown
Byrum Haugh McMillin Slavens
Calley Haveman Meadows Slezak
Caul Hildenbrand Meekhof Smith
Clemente Horn Melton Spade
Constan Huckleberry Meltzer Stamas
Corriveau Jackson Miller Stanley
Coulouris Johnson Moore Switalski
Crawford Jones, Rick Moss Tlaib
Cushingberry Jones, Robert Nathan Tyler
Daley Kandrevas Nerat Valentine
Dean Kennedy Neumann Walsh
Denby Knollenberg Opsommer Warren
DeShazor Kowall Pavlov Womack
Donigan Kurtz Pearce Young
Durhal Lahti Polidori
Nays—1
Amash
In The Chair: Scripps
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for a lien on personal property stored at a self-service storage facility or self-contained storage unit in favor of the owner of the facility or self-contained storage unit; to limit the liability of self-service storage facility and self-contained storage unit owners; and to provide for enforcement,”
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.
Rep. Amash, 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:
SB 204 fails to address the general problem that military personnel face with respect to their contractual obligations when those individuals are called to active duty. To avoid inconsistent, patchwork legislation, this issue needs to be addressed comprehensively rather than one contract type at a time.”
Second Reading of Bills
House Bill No. 4202, entitled
A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending sections 2 and 7 (MCL 390.1472 and 390.1477), as amended by 2007 PA 153.
The bill was read a second time.
Rep. Lindberg 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. 4202, entitled
A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending sections 2 and 7 (MCL 390.1472 and 390.1477), as amended by 2007 PA 153.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 539 Yeas—99
Agema Geiss LeBlanc Proos
Angerer Genetski Leland Roberts
Ball Gonzales Lemmons Rocca
Barnett Green Lindberg Schmidt, R.
Bauer Gregory Lipton Schmidt, W.
Bledsoe Griffin Liss Schuitmaker
Bolger Haase Lori Scott, P.
Booher Haines Lund Scripps
Brown, L. Hammel Marleau Segal
Brown, T. Hansen Mayes Sheltrown
Byrum Haugh McMillin Slavens
Calley Haveman Meadows Slezak
Caul Hildenbrand Meekhof Smith
Clemente Horn Melton Spade
Constan Huckleberry Meltzer Stamas
Corriveau Jackson Miller Stanley
Coulouris Johnson Moore Switalski
Crawford Jones, Rick Moss Tlaib
Cushingberry Jones, Robert Nathan Tyler
Daley Kandrevas Nerat Valentine
Dean Kennedy Neumann Walsh
Denby Knollenberg Opsommer Warren
DeShazor Kowall Pavlov Womack
Donigan Kurtz Pearce Young
Durhal Lahti Polidori
Nays—1
Amash
In The Chair: Scripps
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 776, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by 2008 PA 197.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Appropriations (for amendment, see House Journal No. 97, p. 2245),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 776, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by 2008 PA 197.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 540 Yeas—92
Agema Geiss LeBlanc Polidori
Angerer Genetski Leland Proos
Barnett Gonzales Lemmons Roberts
Bauer Gregory Lindberg Rocca
Bledsoe Griffin Lipton Schmidt, R.
Booher Haase Liss Schmidt, W.
Brown, L. Haines Lori Schuitmaker
Brown, T. Hammel Lund Scripps
Byrum Hansen Marleau Segal
Calley Haugh Mayes Sheltrown
Caul Haveman McMillin Slavens
Clemente Hildenbrand Meadows Slezak
Constan Horn Meekhof Smith
Corriveau Huckleberry Melton Spade
Coulouris Jackson Meltzer Stamas
Crawford Johnson Miller Stanley
Cushingberry Jones, Rick Moore Switalski
Daley Jones, Robert Moss Tlaib
Dean Kandrevas Nathan Tyler
Denby Kennedy Nerat Valentine
DeShazor Kowall Neumann Walsh
Donigan Kurtz Pavlov Warren
Durhal Lahti Pearce Womack
Nays—8
Amash Bolger Knollenberg Scott, P.
Ball Green Opsommer Young
In The Chair: Scripps
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5246, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” (MCL 339.101 to 339.2919) by adding section 1809a.
(The bill was received from the Senate on November 5, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 98, p. 2262.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Kurtz moved to amend the Senate substitute (S-1) as follows:
1. Amend page 2, line 23, after “(2)” by inserting “IN THE CASE OF UNCLAIMED CREMATED REMAINS DETERMINED TO BELONG TO A VETERAN,”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 541 Yeas—100
Agema Durhal Lahti Polidori
Amash Geiss LeBlanc Proos
Angerer Genetski Leland Roberts
Ball Gonzales Lemmons Rocca
Barnett Green Lindberg Schmidt, R.
Bauer Gregory Lipton Schmidt, W.
Bledsoe Griffin Liss Schuitmaker
Bolger Haase Lori Scott, P.
Booher Haines Lund Scripps
Brown, L. Hammel Marleau Segal
Brown, T. Hansen Mayes Sheltrown
Byrum Haugh McMillin Slavens
Calley Haveman Meadows Slezak
Caul Hildenbrand Meekhof Smith
Clemente Horn Melton Spade
Constan Huckleberry Meltzer Stamas
Corriveau Jackson Miller Stanley
Coulouris Johnson Moore Switalski
Crawford Jones, Rick Moss Tlaib
Cushingberry Jones, Robert Nathan Tyler
Daley Kandrevas Nerat Valentine
Dean Kennedy Neumann Walsh
Denby Knollenberg Opsommer Warren
DeShazor Kowall Pavlov Womack
Donigan Kurtz Pearce Young
Nays—0
In The Chair: Scripps
The House agreed to the title as amended.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Hildenbrand moved that the Committee on Government Operations be discharged from further consideration of House Concurrent Resolution No. 32.
(For first notice see House Journal No. 98, p. 2264.)
The question being on the motion made by Rep. Hildenbrand,
The motion prevailed, a majority of the members serving voting therefor.
Rep. Hildenbrand moved that the Committee on Government Operations be discharged from further consideration of House Resolution No. 179.
(For first notice see House Journal No. 98, p. 2264.)
The question being on the motion made by Rep. Hildenbrand,
The motion prevailed, a majority of the members serving voting therefor.
Rep. Angerer moved that when the House adjourns today it stand adjourned until Thursday, November 12, at 12:00 Noon.
The motion prevailed.
Reps. Lisa Brown, Segal, Ball, Barnett, Booher, Terry Brown, Caul, Constan, Cushingberry, Dean, Durhal, Geiss, Gonzales, Green, Hansen, Haugh, Rick Jones, Robert Jones, Kandrevas, LeBlanc, Leland, Lemmons, Lipton, Liss, Lori, Lund, Marleau, Mayes, Nathan, Neumann, Polidori, Proos, Roberts, Scripps, Sheltrown, Slavens, Slezak, Smith, Spade, Stanley, Switalski, Tlaib, Tyler, Warren, Huckleberry and Walsh offered the following resolution:
House Resolution No. 180.
A resolution recognizing November 14, 2009 as World Diabetes Day in the state of Michigan.
Whereas, Diabetes is a chronic disease for which there is currently no known cure. It is the sixth leading cause of death in the United States; and
Whereas, Individuals with type 1 diabetes cannot produce any of their own insulin oramylin, which are the hormones needed to help regulate sugar and food stores in the body; and
Whereas, Individuals with type 2, or adult on-set diabetes, cannot produce enough of their own insulin or amylin and often do not exhibit symptoms in the early stages of the disease; and
Whereas, The serious long-term complications of high blood sugar levels may include blindness, lower-extremity amputation, heart disease, kidney failure, and premature death; and
Whereas, In recent years, the number of individuals diagnosed with diabetes has increased 41 percent; and
Whereas, Nine out of 10 individuals who are newly diagnosed with adult on-set diabetes also suffer from obesity; and
Whereas, America is facing a diabetes epidemic. An estimated 20.8 million Americans are living with the disease nationwide; and
Whereas, Diabetes is a leading health problem in Michigan with an estimated 593,200 adults in Michigan currently living with the disease; and
Whereas, Michigan’s prevalence rate exceeds the national prevalence rate of 7 percent of the population; and
Whereas, The keys to reducing the incidence of, and complications associated with, diabetes are education, early detection, control, and proper treatment; and
Whereas, The earlier a person is diagnosed with diabetes and receives treatment, the better the person’s chances are for avoiding diabetes complications; and
Whereas, The first line of treatment recommended by all treatment standards is diet and exercise. A healthy diet and the loss of excess weight can have a positive impact on the body’s ability to fight off disease; and
Whereas, It has been shown that modest weight loss may help to lower blood sugar, blood pressure, and improve the levels of fats in the bloodstream, which is beneficial to the treatment of diabetes and other metabolic diseases; and
Whereas, Traditionally those at highest risk include older citizens who have a family history of the disease and who are overweight. However, in recent years there has been an alarming increase in the growing number of young people who are being diagnosed with diabetes, which is attributed to lifestyle and excessive body mass; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize November 14, 2009 as World Diabetes Day in the state of Michigan; and be it further
Resolved, That to reduce the rate of diabetes and its complications among high-risk populations, individuals are encouraged to seek early screening and early treatment. Health care providers are encouraged to improve care for the control of diabetes and the treatment of major complications; and be it further
Resolved, That health care providers are encouraged to adopt generally recognized clinical practice guidelines such as the American Diabetes Association goals, recommendations, and standards that identify the reduction of body mass index (BMI), cardiovascular risk issues, and glycemic control as key factors to managing diabetes; and be it further
Resolved, That healthcare providers are encouraged, as they detect and treat the emerging diabetes epidemic, to engage in an aggressive program with their patients, including dietary counseling and exercise, measurements of body weight, and other associated risk factors; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Chapter of the American Diabetes Association, Michigan Department of Community Health, Michigan State Medical Society, Michigan Nurses Association, and the Michigan Primary Care Association.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Miller, Ball, Barnett, Bauer, Booher, Terry Brown, Caul, Constan, Cushingberry, Dean, Durhal, Geiss, Green, Haase, Hansen, Haugh, Horn, Rick Jones, Robert Jones, Kandrevas, LeBlanc, Leland, Liss, Lori, Marleau, Mayes, Opsommer, Roberts, Segal, Slavens, Slezak, Smith, Switalski, Huckleberry and Walsh offered the following resolution:
House Resolution No. 181.
A resolution commemorating the 20th anniversary of the fall of the Berlin Wall and the beginning of the peaceful and democratic reunification of Germany.
Whereas, At midnight on August 13, 1961, East Germany, sealed its border with West Berlin and began construction of a 100-mile barrier. Over the 15 years leading up to this construction, more than 15 percent of East Germany’s population had left the country to pursue economic opportunity and political freedom elsewhere. The “Berlin Wall” included bunkers, watchtowers, searchlights, minefields, barbed wire, concrete walls, and armed guards to prevent further emigration of the people of East Germany; and
Whereas, During the 28 years the Berlin Wall stood, only about 5,000 people successfully fled East Germany, while more than 75,000 were imprisoned for attempting to leave and another 1,200 were killed trying to escape; and
Whereas, The summer of 1989 began a sea of change. In June, the Solidarity Movement in Poland won in landslide victories. In August, Hungary opened its border with Austria resulting in tens of thousands of East German refugees fleeing into West Germany through Hungary. In September 1989, crowds of people began protesting the authoritarian regime of East Germany and demanding freedoms and the end of the Berlin Wall; and
Whereas, On November 4, 1989, more than one million people gather in East Berlin and 40 other cities in East Germany to demand free elections and civil rights such as freedoms of opinion, movement, press and assembly; and
Whereas, On November 9, 1989, East Germany promised free, general, democratic and secret elections and announced that the government would allow “every citizen of the German Democratic Republic to leave the GDR through any of the border crossings”; and
Whereas, Thousands of people in East Berlin immediately flooded the border checkpoints at the Berlin Wall and demanded entry into West Berlin, causing the overwhelmed border guards of East Germany to open the checkpoints to allow people to cross into West Berlin; and
Whereas, In the days following the fall of the Berlin Wall, hundreds of thousands of people from East Germany freely crossed the border in to West Berlin and West Germany for the first time in more than 28 years; and
Whereas, The fall of Berlin Wall was the beginning of the end of communism and the Cold War. It embodied the end of the division of Europe, the opening of the Iron Curtain and the triumph of democracy over communism. By October 1990, Germany had peacefully reunified into a democratic state; and
Whereas, On November 9, 2009, the people of Germany celebrated on both sides of the Brandenburg Gate the 20th anniversary of the fall of the Berlin Wall with the “Festival of Freedom”, now, therefore be it,
Resolved by the House of Representatives, That the members of this legislative body commemorate the 20th anniversary of the fall of the Berlin Wall and the beginning of the peaceful and democratic reunification of Germany.
The question being on the adoption of the resolution,
The resolution was adopted.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Friday, November 6, for her approval of the following bills:
Enrolled House Bill No. 4311 at 10:28 a.m.
Enrolled House Bill No. 4793 at 3:14 p.m.
Enrolled House Bill No. 4709 at 3:16 p.m.
Enrolled House Bill No. 4264 at 3:18 p.m.
Enrolled House Bill No. 4999 at 3:20 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, November 6:
House Bill Nos. 5574 5575 5576 5577 5578 5579 5580
Senate Bill Nos. 968 969 970 971 972 973 974 975 976 977 978 979
The Clerk announced that the following Senate bills had been received on Tuesday, November 10:
Senate Bill Nos. 791 949 950
Reports of Standing Committees
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
House Bill No. 4172, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21529; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-2) 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. Corriveau, Segal, Byrum, Coulouris, Donigan, Johnson, Liss, Roy Schmidt, Slavens, Marleau, Ball, Calley, Crawford, Denby and Green
Nays: None
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
Senate Bill No. 722, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21529; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-2) 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. Corriveau, Segal, Byrum, Coulouris, Donigan, Johnson, Liss, Roy Schmidt, Slavens, Marleau, Ball, Calley, Crawford, Denby and Green
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Corriveau, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, November 10, 2009
Present: Reps. Corriveau, Segal, Byrum, Coulouris, Donigan, Johnson, Liss, Neumann, Roy Schmidt, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green and Moore
Absent: Reps. Simpson, Womack and Paul Scott
Excused: Reps. Simpson, Womack and Paul Scott
The Committee on Energy and Technology, by Rep. Mayes, Chair, reported
House Bill No. 5574, entitled
A bill to amend 2006 PA 480, entitled “Uniform video services local franchise act,” (MCL 484.3301 to 484.3314) by adding section 15.
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. Mayes, Geiss, Lisa Brown, Clemente, Huckleberry, Johnson, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Proos, Wayne Schmidt 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, November 10, 2009
Present: Reps. Mayes, Geiss, Lisa Brown, Clemente, Huckleberry, Johnson, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker
Absent: Rep. Ebli
Excused: Rep. Ebli
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
House Bill No. 5267, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3240 (MCL 600.3240), as amended by 2006 PA 579.
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. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Kennedy, Young, Lund and Denby
Nays: None
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
Senate Bill No. 284, entitled
A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2008 PA 22.
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. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Lund, Denby and Wayne Schmidt
Nays: None
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, November 10, 2009
Present: Reps. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Kennedy, Young, Lund, Denby, Meekhof and Wayne Schmidt
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
House Bill No. 5329, entitled
A bill to authorize the state administrative board to accept and convey certain real property in Calhoun county; to prescribe certain conditions for the acceptance and conveyance; and to provide for disposition of the revenue derived from the conveyance.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cushingberry, Hammel, Bauer, Terry Brown, Dean, Gonzales, Gregory, Lahti, LeBlanc, Miller, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Haines, Lori, Proos and Schuitmaker
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Tuesday, November 10, 2009
Present: Reps. Cushingberry, Hammel, Bauer, Terry Brown, Dean, Durhal, Gonzales, Gregory, Jackson, Lahti, LeBlanc, Miller, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos and Schuitmaker
Absent: Reps. Bennett, Espinoza, McDowell and Rogers
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
House Bill No. 5540, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2007 PA 154.
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. Polidori, Roberts, Liss, Roy Schmidt, Rick Jones and Kurtz
Nays: None
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
Senate Bill No. 371, entitled
A bill to allow certain active duty service members to terminate contracts with wireless telecommunications providers; to provide for the rights and responsibilities of the parties to those terminated contracts; to provide for the powers and duties of certain state officials; to prescribe civil sanctions and provide remedies; and to provide for the disposition of civil fines.
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, Liss, Roy Schmidt, Rick Jones and Kurtz
Nays: None
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
House Joint Resolution AA, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 5 of article XI to establish a veteran’s preference in the state classified service.
Without amendment and with the recommendation that the joint resolution be adopted.
The joint resolution was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Polidori, Roberts, Liss, Roy Schmidt, Rick Jones 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, November 10, 2009
Present: Reps. Polidori, Roberts, Liss, Roy Schmidt, Rick Jones, Amash and Kurtz
Absent: Reps. Byrnes and Agema
Excused: Reps. Byrnes and Agema
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrnes, Chair, of the Committee on Public Employee Health Care Reform, was received and read:
Meeting held on: Thursday, November 5, 2009
Present: Reps. Byrnes, Melton, Haugh, Johnson, Lahti, Scripps, Segal, Pavlov, Bolger, Genetski, Lori and Rogers
Absent: Rep. Stanley
Excused: Rep. Stanley
Messages from the Senate
House Bill No. 4386, entitled
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9s.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4650, 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, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4655, entitled
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9m.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4995, entitled
A bill to require all official depictions of the state of Michigan to include both peninsulas of the state.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4658, entitled
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9o.
The Senate has amended the bill as follows:
1. Amend page 2, line 17, after “(1)” by striking out “BY NOVEMBER 1, 2009” and inserting “WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION”.
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 4673, entitled
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9r.
The Senate has amended the bill as follows:
1. Amend page 2, line 3, after the first “THE” by striking out “CUSTOMER PAYS” and inserting “ELIGIBLE CUSTOMER ENTERS INTO A WINTER PROTECTION PAYMENT PLAN TO PAY”.
2. Amend page 2, line 5, after the first “CUSTOMER” by inserting “OR THE ELIGIBLE CUSTOMER AND THE UTILITY MUTUALLY AGREE UPON A WINTER PROTECTION PAYMENT PLAN WITH DIFFERENT TERMS”.
3. Amend page 2, line 13, by striking out all of subsection (2) and renumbering the remaining subsections.
4. Amend page 2, line 20, after “OF” by striking out “THIS SECTION” and inserting “A WINTER PROTECTION PAYMENT PLAN”.
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 791, entitled
A bill to create the uniform real property electronic recording act; and to create an electronic recording commission and provide for its powers and duties.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Senate Bill No. 949, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 387 (MCL 750.387), as amended by 1998 PA 311.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 950, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 286.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Notices
Pursuant to Rule 41, the Speaker has made the following reassignment:
House Bill No. 5580 referred to the Committee on Great Lakes and Environment on November 9, 2009.
Messages from the Governor
Date: November 6, 2009
Time: 2:15 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4311 (Public Act No. 140, 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 the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.
(Filed with the Secretary of State November 6, 2009, at 4:08 p.m.)
Date: November 10, 2009
Time: 11:00 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4264 (Public Act No. 141, I.E.), being
An act to amend 2007 PA 36, entitled “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,” by amending section 435 (MCL 208.1435), as amended by 2008 PA 448.
(Filed with the Secretary of State November 10, 2009, at 11:30 a.m.)
Date: November 10, 2009
Time: 11:02 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4709 (Public Act No. 142, I.E.), being
An act to amend 2007 PA 36, entitled “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,” by amending section 117 (MCL 208.1117).
(Filed with the Secretary of State November 10, 2009, at 11:32 a.m.)
Date: November 10, 2009
Time: 11:05 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4793 (Public Act No. 143, I.E.), being
An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” by amending sections 2004 and 2005 (MCL 339.2004 and 339.2005), section 2004 as amended by 1988 PA 463 and section 2005 as amended by 1998 PA 90.
(Filed with the Secretary of State November 10, 2009, at 11:34 a.m.)
Introduction of Bills
Reps. Geiss, Melton, Durhal, Jackson, Miller, Clemente and Bettie Scott introduced
House Bill No. 5581, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2008 PA 506.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Lemmons introduced
House Bill No. 5582, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2111 (MCL 500.2111), as amended by 2002 PA 492.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. McMillin and Calley introduced
House Bill No. 5583, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 111 (MCL 208.1111), as amended by 2008 PA 433.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Segal, Corriveau, Roy Schmidt, Huckleberry, Ball, Hildenbrand and Young introduced
House Bill No. 5584, 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 section 13c (MCL 125.1663c), as added by 2008 PA 157.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Reps. Segal, Corriveau, Roy Schmidt, Huckleberry, Ball, Hildenbrand, Young and Dean introduced
House Bill No. 5585, entitled
A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 12b (MCL 125.1812b), as added by 2008 PA 156.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Reps. Roy Schmidt, Slezak, Haugh, Kandrevas, Griffin, Hammel, Hildenbrand, LeBlanc, Haveman, Calley, Dean, Coulouris, Meadows and Opsommer introduced
House Bill No. 5586, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 111 (MCL 208.1111), as amended by 2008 PA 433.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Byrnes, Warren, Lipton, Durhal, Cushingberry, Donigan, Liss, Young and Meadows introduced
House Bill No. 5587, entitled
A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending sections 2, 3, and 9 (MCL 551.2, 551.3, and 551.9), sections 2 and 3 as amended by 1996 PA 324, and by adding section 8; 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. Byrnes, Warren, Lipton, Durhal, Cushingberry, Donigan, Liss, Young and Meadows introduced
House Bill No. 5588, entitled
A bill to amend 1939 PA 168, entitled “An act to determine whether certain marriages solemnized in another state by individuals authorized to solemnize marriages under the laws of that state are to be recognized in this state,” by amending section 1 (MCL 551.271), as amended by 1996 PA 334; 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. Byrnes, Warren, Lipton, Durhal, Cushingberry, Donigan, Liss, Young and Meadows introduced
House Joint Resolution NN, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by repealing section 25 of article I, to allow the recognition of marriage or similar unions of two people.
The joint resolution was read a first time by its title and referred to the Committee on Judiciary.
Announcements by the Clerk
November 6, 2009
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit of the Bridge Inspection Program, Michigan Department of Transportation, November 2009.
Richard J. Brown
Clerk of the House
______
Rep. Crawford moved that the House adjourn.
The motion prevailed, the time being 3:15 p.m.
Associate Speaker Pro Tempore Scripps declared the House adjourned until Thursday, November 12, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives
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