No. 7

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Wednesday, January 27, 2010.

10:00 a.m.

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

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

Agema—present Durhal—present Kurtz—present Polidori—excused

Amash—present Ebli—present Lahti—present Proos—present

Angerer—present Elsenheimer—present LeBlanc—present Roberts—present

Ball—present Espinoza—present Leland—present Rocca—present

Barnett—present Geiss—present Lemmons—excused Rogers—present

Bauer—present Genetski—present Lindberg—present Schmidt, R.—present

Bennett—present Gonzales—excused Lipton—present Schmidt, W.—present

Bledsoe—present Green—present Liss—present Schuitmaker—present

Bolger—present Gregory—present Lori—present Scott, B.—excused

Booher—present Griffin—present Lund—present Scott, P.—present

Brown, L.—present Haase—present Marleau—present Scripps—present

Brown, T.—present Haines—present Mayes—present Segal—present

Byrnes—present Hammel—present McDowell—present Sheltrown—present

Byrum—present Hansen—present McMillin—present Slavens—present

Calley—present Haugh—present Meadows—present Slezak—present

Caul—present Haveman—present Meekhof—present Smith—present

Clemente—present Hildenbrand—present Melton—present Spade—present

Constan—present Horn—present Meltzer—present Stamas—present

Corriveau—present Huckleberry—present Miller—present Stanley—present

Coulouris—excused Jackson—e/d/s Moore—present Switalski—present

Crawford—present Johnson—excused Moss—present Tlaib—present

Cushingberry—excused Jones, Rick—present Nathan—present Tyler—present

Daley—present Jones, Robert—present Nerat—present Valentine—present

Dean—present Kandrevas—present Neumann—present Walsh—present

Denby—present Kennedy—present Opsommer—present Warren—present

DeShazor—present Knollenberg—present Pavlov—present Womack—e/d/s

Dillon—present Kowall—present Pearce—present Young—e/d/s

Donigan—present

e/d/s = entered during session

Rep. Dave Hildenbrand, from the 86th District, offered the following invocation:

Dear Father in Heaven: We pause before You today grateful for the countless blessings You have bestowed upon us in our lives, including the honor and privilege to serve the great people of Michigan in this esteemed chamber. Please watch over and guide our work here. May our actions here be in the true spirit of Your will. Bless this great State and the people who call it home. And bless the men and women serving in our military and armed forces who risk their lives everyday so we may enjoy so many freedoms including Life, Liberty, and the Pursuit of Happiness. In Your name we pray. AMEN.”

______

Rep. Segal moved that Reps. Gonzales, Cushingberry, Coulouris, Johnson, Lemmons, Polidori and Bettie Scott be excused from today’s session.

The motion prevailed.

Second Reading of Bills

House Bill No. 5614, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16231 and 16233 (MCL 333.16231 and 333.16233), section 16231 as amended by 1993 PA 79 and section 16233 as amended by 1995 PA 196.

The bill was read a second time.

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

The motion prevailed.

Rep. Segal 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. 5614, entitled

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

Roll Call No. 16 Yeas—95

Angerer Durhal Lahti Proos

Ball Ebli LeBlanc Roberts

Barnett Elsenheimer Leland Rocca

Bauer Espinoza Lindberg Rogers

Bennett Geiss Lipton Schmidt, R.

Bledsoe Green Liss Schmidt, W.

Bolger Gregory Lori Schuitmaker

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen Meadows Slavens

Calley Haugh Meekhof Slezak

Caul Haveman Melton Smith

Clemente Hildenbrand Meltzer Spade

Constan Horn Miller Stamas

Corriveau Huckleberry Moore Stanley

Crawford Jones, Rick Moss Switalski

Daley Jones, Robert Nathan Tlaib

Dean Kandrevas Nerat Tyler

Denby Kennedy Neumann Valentine

DeShazor Knollenberg Opsommer Walsh

Dillon Kowall Pavlov Warren

Donigan Kurtz Pearce

Nays—4

Agema Amash Genetski McMillin

In The Chair: Espinoza

The House agreed to the title of the bill.

Rep. Segal 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. 4699, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 14721 and 14724 (MCL 324.14721 and 324.14724), as added by 2004 PA 526, and by adding section 14723a.

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

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Kennedy moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Kennedy moved to amend the bill as follows:

1. Amend page 2, line 22, after “A” by striking out “RETAILER” and inserting “PERSON”.

2. Amend page 2, following line 27, by inserting:

“(6) BEGINNING IN 2011 AND EACH YEAR THEREAFTER, A PERSON THAT PRODUCED DECA-BDE FOR USE IN A PRODUCT SOLD IN THIS STATE OR THAT SOLD DECA-BDE FOR USE IN THIS STATE DURING THE PRIOR YEAR SHALL SUBMIT A REPORT TO THE DEPARTMENT THAT DETAILS THE QUANTITY OF DECA-BDE THAT WAS PRODUCED OR SOLD BY THAT PERSON IN THE UNITED STATES DURING THE PRIOR YEAR.”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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

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

______

Rep. Womack entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4699, entitled

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

Roll Call No. 17 Yeas—94

Agema Durhal LeBlanc Roberts

Angerer Ebli Leland Rocca

Ball Elsenheimer Lindberg Rogers

Barnett Espinoza Lipton Schmidt, R.

Bauer Geiss Liss Schmidt, W.

Bennett Green Lori Schuitmaker

Bledsoe Gregory Lund Scott, P.

Booher Griffin Marleau Scripps

Brown, L. Haase Mayes Segal

Brown, T. Haines McDowell Sheltrown

Byrnes Hammel Meadows Slavens

Byrum Hansen Meekhof Slezak

Calley Haugh Melton Smith

Caul Haveman Meltzer Spade

Clemente Hildenbrand Miller Stamas

Constan Horn Moore Stanley

Corriveau Huckleberry Moss Switalski

Crawford Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Opsommer Walsh

DeShazor Knollenberg Pavlov Warren

Dillon Kowall Proos Womack

Donigan Lahti

Nays—6

Amash Genetski McMillin Pearce

Bolger Kurtz

In The Chair: Espinoza

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

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

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 14721 (MCL 324.14721), as added by 2004 PA 526, and by adding section 14723a; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Young entered the House Chambers.

Reps. Angerer, Ball, Bauer, Terry Brown, Byrnes, Constan, Dean, Espinoza, Rick Jones, Robert Jones, Kandrevas, Lipton, Opsommer, Rocca, Wayne Schmidt, Switalski, Tlaib and Young were named co‑sponsors of the bill.

Second Reading of Bills

Pending the Second Reading of

Senate Bill No. 134, entitled

A bill to amend 2000 PA 322, entitled “Julian-Stille value-added act,” by amending the title and sections 2, 2a, and 3 (MCL 285.302, 285.302a, and 285.303), the title and section 2 as amended by 2006 PA 423 and section 2a as added by 2006 PA 424.

Rep. Segal moved that the bill be re-referred to the Committee on Agriculture.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Segal moved that when the House adjourns today it stand adjourned until Tuesday, February 2, at 1:30 p.m.

The motion prevailed.

______

Rep. Jackson entered the House Chambers.

Rep. Angerer and Hildenbrand offered the following concurrent resolution:

House Concurrent Resolution No. 40.

A concurrent resolution providing for a joint convention of the House of Representatives and the Senate.

Resolved by the House of Representatives (the Senate concurring), That the House of Representatives and Senate meet in joint convention in the Hall of the House of Representatives, Wednesday, February 3, 2010, at 6:30 p.m., to receive the message of Governor Jennifer M. Granholm.

The question being on the adoption of the concurrent resolution,

The concurrent 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, January 27:

House Bill No. 5766

House Joint Resolution TT

Senate Bill Nos. 1087 1088 1089 1090

Reports of Standing Committees

The Committee on Ethics and Elections, by Rep. Angerer, Chair, reported

House Bill No. 5456, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 759e.

With the recommendation that the substitute (H-4) 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. Angerer, Haase, Lisa Brown, Donigan, Scripps and Slavens

Nays: Rep. Meltzer

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Angerer, Chair, of the Committee on Ethics and Elections, was received and read:

Meeting held on: Wednesday, January 27, 2010

Present: Reps. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer, Kurtz and Pearce

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, January 27, 2010

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

Messages from the Governor

Date: January 25, 2010

Time: 3:15 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5403 (Public Act No. 2, I.E.), being

An act to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.

(Filed with the Secretary of State January 27, 2010, at 9:34 a.m.)

Communications from State Officers

The following communication from the Secretary of State was received and read:

Notice of Filing

Administrative Rules

January 22, 2010

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 #2009-051-LG (Secretary of State Filing #10‑01‑01) on this date at 1:25 p.m. for the Department of Energy, Labor and Economic Growth, entitled “Part 69. Compressed Air and Gases, Equipment and Systems”.

These rules take effect 15 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.

Introduction of Bills

Reps. Valentine and Bennett introduced

House Bill No. 5767, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 205 (MCL 257.205), as amended by 1980 PA 398.

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

Reps. Ball, Byrnes, Nerat, Bauer, Lori, Gonzales, Donigan and Lindberg introduced

House Bill No. 5768, entitled

A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending section 8 (MCL 207.1008), as amended by 2006 PA 268.

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

Reps. Byrnes, Ball, Nerat, Bauer, Lori, Gonzales, Donigan and Lindberg introduced

House Bill No. 5769, entitled

A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending section 2 (MCL 207.212), as amended by 2006 PA 346.

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

Reps. Ball, Byrnes, Nerat, Bauer, Lori, Gonzales, Donigan and Lindberg introduced

House Bill No. 5770, 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,” by amending section 10 (MCL 247.660), as amended by 2007 PA 210.

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

Reps. Amash, Haveman, McMillin and Daley introduced

House Bill No. 5771, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending sections 1 and 14 (MCL 423.201 and 423.214), section 1 as amended by 1999 PA 204.

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

Reps. Calley, Liss, Kurtz, McMillin, Ball and Opsommer introduced

House Bill No. 5772, entitled

A bill to define and regulate certain persons managing pharmacy benefits for certain governmental entities; to provide for certain powers and duties for state departments and agencies; to provide for the certification of and imposition of regulatory and other requirements upon certain persons; and to provide for remedies and penalties.

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

Rep. Agema moved that the House adjourn.

The motion prevailed, the time being 10:55 a.m.

Associate Speaker Pro Tempore Espinoza declared the House adjourned until Tuesday, February 2, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives

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