No. 16

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Thursday, February 18, 2010.

12:00 Noon.

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

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—present

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—present Rogers—present

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

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

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

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

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—excused 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—present Jackson—present Moore—excused Switalski—present

Crawford—present Johnson—present 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—present

Dillon—excused Kowall—present Pearce—present Young—present

Donigan—present

e/d/s = entered during session

Rep. Matt Lori, from the 59th District, offered the following invocation:

“Reading from Psalms 146:

Do not put your trust in princes, in mortal men, who cannot save.

When their spirit departs, they return to the ground.

On that very day, their plans come to nothing.

Blessed is he whose help is the God of Jacob, whose hope is in the Lord his God,

the Maker of heaven and earth, the sea, and everything in them-

the Lord, who remains faithful forever.

He upholds the cause of the oppressed and gives food to the hungry.

The Lord sets prisoners free, the Lord gives sight to the blind, the Lord lifts up those who are bowed downed, the Lord loves the righteous.

The Lord watches over the alien and sustains the fatherless and the widow, but he frustrates the ways of the wicked.

The Lord reigns forever, your God, O Zion, for all generations.

Let us remember and proclaim Your great deeds.

Amen.”

______

Rep. Opsommer moved that Rep. Moore be excused from today’s session.

The motion prevailed.

Rep. Angerer moved that Reps. Byrnes, Cushingberry, Dillon and Liss be excused from today’s session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 207.

A resolution honoring the Michigan potato industry for its role in meeting the food needs of the citizens of the state of Michigan in an economical manner.

(For text of resolution, see House Journal No. 11, p. 112.)

(The resolution was reported by the Committee on Agriculture on February 10.)

The question being on the adoption of the resolution,

The resolution was adopted.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, February 18:

House Bill Nos. 5822 5823 5824 5825 5826 5827 5828 5829 5830 5831 5832 5833 5834 5835

5836 5837 5838 5839 5840 5841 5842

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Melton, Chair, of the Committee on Education, was received and read:

Meeting held on: Thursday, February 18, 2010

Present: Reps. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Amash, Ball, DeShazor, McMillin, Pearce, Paul Scott, Tyler and Walsh

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

February 4, 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 Community Health and the State Office of Administrative Hearings and Rules filed Administrative Rule #2009-035-CH (Secretary of State Filing #10-02-01) on this date at 2:28 P.M. for the Department of Community Health, entitled “Sharing Health Care Information”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

February 4, 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 Community Health and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-052-CH (Secretary of State Filing #10-02-02) on this date at 2:30 P.M. for the Department of Community Health, entitled “Board of Athletic Trainers”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Reps. Barnett, Byrnes, Donigan, Valentine, Proos, Tyler, Hansen, Huckleberry, Meadows and Haase introduced

House Bill No. 5843, entitled

A bill to amend 2000 PA 92, entitled “Food law of 2000,” by amending section 4105 (MCL 289.4105), as amended by 2007 PA 113.

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

Rep. Meltzer introduced

House Bill No. 5844, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 14k.

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

Reps. Haveman, Tyler, Hansen, Barnett, Bolger, McMillin, Booher, Meekhof, Walsh, Marleau, Hammel, Gregory, Geiss, LeBlanc and Knollenberg introduced

House Bill No. 5845, entitled

A bill to amend 1947 PA 359, entitled “The charter township act,” (MCL 42.1 to 42.34) by adding section 1b.

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

Reps. Stamas, Moss, Denby, Bolger, Lund, Daley, Rick Jones, McMillin, Moore, Walsh, Booher, Horn, Crawford and Caul introduced

House Bill No. 5846, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7dd (MCL 211.7dd), as amended by 2008 PA 243.

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

Reps. Tyler, Denby, Geiss, Hammel, DeShazor, Kurtz, Lori, Pearce, Knollenberg, Genetski, Amash, Walsh, Marleau, Paul Scott, Barnett, Haveman, Crawford, Hansen, McMillin, Booher, Bolger, Moss, Meekhof, Rogers, Horn, Haines and Kowall introduced

House Bill No. 5847, entitled

A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” (MCL 41.1a to 41.110c) by adding section 1c.

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

Reps. Geiss, Tyler, Hammel, Stanley, Barnett and LeBlanc introduced

House Bill No. 5848, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” (MCL 117.1 to 117.38) by adding section 4t.

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

Reps. Bolger, Denby, Lori, Lund, Daley, Stamas, Hansen, Rocca and Hildenbrand introduced

House Bill No. 5849, entitled

A bill to establish an educational scholarship program for eligible resident students enrolled in certain educational programs at colleges and universities in this state; to prescribe conditions for repayment of the scholarships; to provide for the administration of the keep Michigan scholars program; and to prescribe certain powers and duties of certain state officers, agencies, and departments.

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

Reps. Knollenberg, Lund, Denby, Moss, Marleau, Haines, Opsommer and Walsh introduced

House Joint Resolution VV, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 31 of article IV and section 18 of article V, to change the fiscal year, to require three revenue estimating conferences, to require that certain state budget bills be presented to the governor on or before a certain date, to limit the budget, and to require certain deposits into certain state funds.

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

______

Rep. Stanley moved that the House adjourn.

The motion prevailed, the time being 1:15 p.m.

Associate Speaker Pro Tempore Jackson declared the House adjourned until Tuesday, February 23, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives

164 JOURNAL OF THE HOUSE [February 18, 2010] [No. 16

No. 16] [February 18, 2010] JOURNAL OF THE HOUSE 165

166 JOURNAL OF THE HOUSE [February 18, 2010] [No. 16