No. 18
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2010
House Chamber, Lansing, Wednesday, February 24, 2010.
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 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—excused Gonzales—present Lipton—present Schmidt, W.—present
Bledsoe—present Green—excused Liss—present 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—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—present Jackson—present Moore—present Switalski—present
Crawford—present Johnson—present Moss—present Tlaib—present
Cushingberry—present 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—present Kowall—present Pearce—present Young—present
Donigan—present
e/d/s = entered during session
Rep. Pete Lund, from the 36th District, offered the following invocation:
“Heavenly Father, watch over Your servants as we deliberate here today. Guide us so that our actions bring prosperity and safety to the people of our great state. Let us hear with our ears and our hearts the words of those with whom we disagree. Let us be thankful for the blessing You have given to us. Please Lord; watch over our families when we must be away from them. Put Your loving hands on them when we are away doing Your work. Help those who are doing what is right. Bless those that are doing what they believe to be right. Watch over our brothers and sisters who are serving our great nation, whether they are on our soil or over seas. In Your name we pray, Amen.”
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Rep. Angerer moved that Rep. Bennett be excused from today’s session.
The motion prevailed.
Rep. Opsommer moved that Rep. Green be excused from today’s session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5313, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2603 (MCL 339.2603), as amended by 1999 PA 170.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Regulatory Reform (for amendment, see House Journal No. 12, p. 129),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Nathan 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. 5313, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2603 (MCL 339.2603), as amended by 1999 PA 170.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 36 Yeas—107
Agema Durhal Lahti Proos
Amash 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 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 Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moore Switalski
Crawford Johnson Moss Tlaib
Cushingberry Jones, Rick Nathan Tyler
Daley Jones, Robert Nerat Valentine
Dean Kandrevas Neumann Walsh
Denby Kennedy Opsommer Warren
DeShazor Knollenberg Pavlov Womack
Dillon Kowall Pearce Young
Donigan Kurtz Polidori
Nays—0
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.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Ethics and Elections, by Rep. Angerer, Chair, reported
House Bill No. 5811, 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.
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. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer, Kurtz and Pearce
Nays: None
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, February 24, 2010
Present: Reps. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer, Kurtz and Pearce
Second Reading of Bills
House Bill No. 5811, 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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Ethics and Elections,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Valentine moved to amend the bill as follows:
1. Amend page 3, following line 3, by inserting:
“(C) THE CHIEF EXECUTIVE OFFICER OF ANY TOWNSHIP OR CITY WHEREIN A CLOSING OR CONSOLIDATION OF A BRANCH OFFICE IS PLANNED.” and relettering the remaining subdivisions.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Valentine 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. 5811, 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 37 Yeas—71
Angerer Ebli LeBlanc Schmidt, R.
Barnett Espinoza Leland Scott, B.
Bauer Geiss Lemmons Scripps
Bledsoe Gonzales Lindberg Segal
Brown, L. Gregory Lipton Sheltrown
Brown, T. Haase Liss Slavens
Byrnes Hammel Mayes Slezak
Byrum Hansen McDowell Smith
Clemente Haugh Meadows Spade
Constan Horn Melton Stanley
Corriveau Huckleberry Miller Switalski
Coulouris Jackson Nathan Tlaib
Crawford Johnson Nerat Tyler
Cushingberry Jones, Robert Neumann Valentine
Dean Kandrevas Pearce Warren
Dillon Kennedy Polidori Womack
Donigan Kurtz Roberts Young
Durhal Lahti Rocca
Nays—36
Agema DeShazor Kowall Opsommer
Amash Elsenheimer Lori Pavlov
Ball Genetski Lund Proos
Bolger Griffin Marleau Rogers
Booher Haines McMillin Schmidt, W.
Calley Haveman Meekhof Schuitmaker
Caul Hildenbrand Meltzer Scott, P.
Daley Jones, Rick Moore Stamas
Denby Knollenberg Moss Walsh
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5566, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2 and 13 (MCL 125.2652 and 125.2663), section 2 as amended by 2007 PA 204 and section 13 as amended by 2007 PA 202.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Commerce,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Robert Jones 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. 5566, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2 and 13 (MCL 125.2652 and 125.2663), section 2 as amended by 2007 PA 204 and section 13 as amended by 2007 PA 202.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 38 Yeas—100
Angerer Ebli Lahti Proos
Ball Elsenheimer LeBlanc Roberts
Barnett Espinoza Leland Rocca
Bauer Geiss Lemmons Rogers
Bledsoe Gonzales Lindberg Schmidt, R.
Bolger Gregory Lipton Schmidt, W.
Booher Griffin Liss Schuitmaker
Brown, L. Haase Lori Scott, B.
Brown, T. Haines Lund Scripps
Byrnes Hammel Marleau Segal
Byrum Hansen Mayes Sheltrown
Calley Haugh McDowell Slavens
Caul Haveman Meadows 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
Dean Jones, Robert Nerat Tyler
Denby Kandrevas Neumann Valentine
DeShazor Kennedy Opsommer Walsh
Dillon Knollenberg Pavlov Warren
Donigan Kowall Pearce Womack
Durhal Kurtz Polidori Young
Nays—7
Agema Daley McMillin Scott, P.
Amash Genetski Meekhof
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. 5470, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5b (MCL 28.425b), as amended by 2008 PA 406.
The bill was read a second time.
Rep. Mayes 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. 5470, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5b (MCL 28.425b), as amended by 2008 PA 406.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 39 Yeas—103
Agema Durhal Lahti Polidori
Amash Ebli LeBlanc Proos
Angerer Elsenheimer Leland Roberts
Ball Espinoza Lemmons Rocca
Barnett Geiss Lindberg Rogers
Bledsoe Genetski Lipton Schmidt, R.
Bolger Gonzales Liss Schmidt, W.
Booher Gregory Lori Schuitmaker
Brown, L. Griffin Lund Scott, B.
Brown, T. Haase Marleau Scott, P.
Byrnes Haines Mayes Scripps
Byrum Hammel McDowell Segal
Calley Hansen McMillin Sheltrown
Caul Haugh Meadows Slavens
Clemente Haveman Meekhof Slezak
Constan Hildenbrand Melton Spade
Corriveau Horn Meltzer Stamas
Coulouris Huckleberry Miller Stanley
Crawford Johnson Moore Switalski
Cushingberry Jones, Rick Moss Tlaib
Daley Jones, Robert Nathan Tyler
Dean Kandrevas Nerat Valentine
Denby Kennedy Neumann Walsh
DeShazor Knollenberg Opsommer Womack
Dillon Kowall Pavlov Young
Donigan Kurtz Pearce
Nays—4
Bauer Jackson Smith Warren
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.
Reps. Barnett, Lisa Brown, Byrum, Clemente, Dean, DeShazor, Durhal, Elsenheimer, Espinoza, Geiss, Gonzales, Haase, Haugh, Hildenbrand, Robert Jones, Kennedy, Lemmons, Lori, Marleau, Meltzer, Moore, Opsommer, Rocca, Rogers, Wayne Schmidt, Paul Scott, Scripps, Slavens, Slezak, Stamas and Tyler were named co‑sponsors of the bill.
Second Reading of Bills
House Bill No. 5471, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5k and 5o (MCL 28.425k and 28.425o), section 5k as added by 2000 PA 381 and section 5o as amended by 2008 PA 407.
The bill was read a second time.
Rep. Haase moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Haase moved to amend the bill as follows:
1. Amend page 2, line 1, after “section” by striking out “12a(a)” and inserting “12A(1)(A)”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Haase 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. 5471, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5k and 5o (MCL 28.425k and 28.425o), section 5k as added by 2000 PA 381 and section 5o as amended by 2008 PA 407.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 40 Yeas—102
Agema Durhal Lahti Pearce
Amash Ebli LeBlanc Polidori
Angerer Elsenheimer Leland Proos
Ball Espinoza Lemmons Roberts
Barnett Geiss Lindberg Rocca
Bauer Genetski Lipton Rogers
Bledsoe Gonzales Liss Schmidt, R.
Bolger Gregory Lori Schmidt, W.
Booher Griffin Lund Schuitmaker
Brown, L. Haase Marleau Scott, B.
Brown, T. Haines Mayes Scott, P.
Byrum Hammel McDowell Scripps
Calley Hansen McMillin Segal
Caul Haugh Meadows Sheltrown
Clemente Haveman Meekhof Slavens
Constan Hildenbrand Melton Slezak
Corriveau Horn Meltzer Spade
Coulouris Huckleberry Miller Stamas
Crawford Johnson Moore Stanley
Cushingberry Jones, Rick Moss Switalski
Daley Jones, Robert Nathan Tyler
Dean Kandrevas Nerat Valentine
Denby Kennedy Neumann Walsh
DeShazor Knollenberg Opsommer Womack
Dillon Kowall Pavlov Young
Donigan Kurtz
Nays—5
Byrnes Smith Tlaib Warren
Jackson
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. 5472, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2008 PA 406.
The bill was read a second time.
Rep. Segal 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. 5472, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2008 PA 406.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 41 Yeas—103
Agema Durhal Kurtz Polidori
Amash Ebli Lahti Proos
Angerer Elsenheimer LeBlanc Roberts
Ball Espinoza Leland Rocca
Barnett Geiss Lemmons Rogers
Bledsoe Genetski Lindberg Schmidt, R.
Bolger Gonzales Lipton Schmidt, W.
Booher Gregory Liss Schuitmaker
Brown, L. Griffin Lori Scott, B.
Brown, T. Haase Lund Scott, P.
Byrnes Haines Marleau Scripps
Byrum Hammel Mayes Segal
Calley Hansen McDowell Sheltrown
Caul Haugh McMillin Slavens
Clemente Haveman Meadows Slezak
Constan Hildenbrand Meekhof Spade
Corriveau Horn Melton Stamas
Coulouris Huckleberry Meltzer Stanley
Crawford Jackson Miller Switalski
Cushingberry Johnson Moore Tlaib
Daley Jones, Rick Moss Tyler
Dean Jones, Robert Nerat Valentine
Denby Kandrevas Neumann Walsh
DeShazor Kennedy Opsommer Womack
Dillon Knollenberg Pavlov Young
Donigan Kowall Pearce
Nays—4
Bauer Nathan Smith Warren
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. 5473, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 12 (MCL 28.432), as amended by 2008 PA 195.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Bolger moved to amend the bill as follows:
1. Amend page 2, line 27, after “effect” by striking out the balance of the enacting section and inserting “90 days after the date it is enacted.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Bolger 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. 5473, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 12 (MCL 28.432), as amended by 2008 PA 195.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 42 Yeas—104
Agema Donigan Kowall Pavlov
Amash Durhal Kurtz Pearce
Angerer Ebli Lahti Polidori
Ball Elsenheimer LeBlanc Proos
Barnett Espinoza Leland Roberts
Bauer Geiss Lemmons Rocca
Bledsoe Genetski Lindberg Rogers
Bolger Gonzales Lipton Schmidt, R.
Booher Gregory Liss Schmidt, W.
Brown, L. Griffin Lori Schuitmaker
Brown, T. Haase Lund Scott, B.
Byrnes Haines Marleau Scott, P.
Byrum Hammel Mayes Scripps
Calley Hansen McDowell Segal
Caul Haugh McMillin Sheltrown
Clemente Haveman Meadows Slavens
Constan Hildenbrand Meekhof Slezak
Corriveau Horn Melton Smith
Coulouris Huckleberry Meltzer Spade
Crawford Jackson Miller Stamas
Cushingberry Johnson Moore Stanley
Daley Jones, Rick Moss Switalski
Dean Jones, Robert Nathan Tyler
Denby Kandrevas Nerat Valentine
DeShazor Kennedy Neumann Walsh
Dillon Knollenberg Opsommer Womack
Nays—3
Tlaib Warren Young
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. 5520, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2a (MCL 28.422a), as amended by 2008 PA 194.
The bill was read a second time.
Rep. Bolger moved to amend the bill as follows:
1. Amend page 4, line 10, after “effect” by striking out the balance of the enacting section and inserting “90 days after the date it is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Bolger 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. 5520, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2a (MCL 28.422a), as amended by 2008 PA 194.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 43 Yeas—104
Agema Donigan Kowall Pavlov
Amash Durhal Kurtz Pearce
Angerer Ebli Lahti Polidori
Ball Elsenheimer LeBlanc Proos
Barnett Espinoza Leland Roberts
Bauer Geiss Lemmons Rocca
Bledsoe Genetski Lindberg Rogers
Bolger Gonzales Lipton Schmidt, R.
Booher Gregory Liss Schmidt, W.
Brown, L. Griffin Lori Schuitmaker
Brown, T. Haase Lund Scott, B.
Byrnes Haines Marleau Scott, P.
Byrum Hammel Mayes Scripps
Calley Hansen McDowell Segal
Caul Haugh McMillin Sheltrown
Clemente Haveman Meadows Slavens
Constan Hildenbrand Meekhof Slezak
Corriveau Horn Melton Smith
Coulouris Huckleberry Meltzer Spade
Crawford Jackson Miller Stamas
Cushingberry Johnson Moore Stanley
Daley Jones, Rick Moss Switalski
Dean Jones, Robert Nathan Tyler
Denby Kandrevas Nerat Valentine
DeShazor Kennedy Neumann Walsh
Dillon Knollenberg Opsommer Womack
Nays—3
Tlaib Warren Young
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.
Reps. Agema, Angerer, Ball, Terry Brown, Byrum, Crawford, Daley, Denby, DeShazor, Elsenheimer, Espinoza, Geiss, Gonzales, Griffin, Haase, Haines, Hansen, Haveman, Hildenbrand, Horn, Jackson, Rick Jones, Knollenberg, Kowall, Kurtz, LeBlanc, Lori, Marleau, Mayes, Meekhof, Meltzer, Moore, Moss, Opsommer, Pavlov, Pearce, Polidori, Proos, Rogers, Roy Schmidt, Wayne Schmidt, Schuitmaker, Paul Scott, Scripps, Segal, Slavens, Stamas and Tyler were named co‑sponsors of the bill.
______
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
Motions and Resolutions
Reps. Elsenheimer, Proos, Bolger, Rogers, Wayne Schmidt, Meltzer, Daley, Ball, Booher, Calley, Caul, Crawford, Denby, Haines, Hansen, Horn, Rick Jones, Kowall, Kurtz, Lahti, Lori, Lund, Marleau, Mayes, Meekhof, Moss, Opsommer, Pearce, Schuitmaker, Sheltrown, Tyler and Walsh offered the following resolution:
House Resolution No. 211.
A resolution to urge the Governor and the Director of the Department of Natural Resources and Environment to maintain the integrity of the Office of Geological Survey and keep it as distinct and independent entity with lead responsibilities for oil and gas resources in the state.
Whereas, The Office of Geological Survey (OGS) has served as a steward of Michigan’s mineral resources since the state’s inception in 1837. The mission of the OGS is to promote the best use of oil, gas, and other geological resources for their social and economic benefits while protecting associated resource values, property rights, the environment, and public health and safety; and
Whereas, Since 1995, the OGS has resided in the Department of Environmental Quality (DEQ) as a distinct and independent division. However, in 2009, Governor Granholm abolished the DEQ and the Department of Natural Resources and created the new Department of Natural Resources and Environment (DNRE). Many details remain to be worked out regarding the consolidation of the two departments, and it is not clear how the OGS will be impacted; and
Whereas, It is crucial for the people and the industries that work with the OGS that it remain a distinct and independent division in the DNRE. Michigan’s oil and gas industries are vital to the state’s economy. Michigan is home to some of the most significant oil and gas reserves and underground gas storage capacity in the entire Midwest. The oil and gas industries generate nearly $18 billion of economic activity each year, ranking only behind agribusiness and manufacturing in total economic value to the state; and
Whereas, Ensuring state regulatory agencies such as the OGS, which has jurisdiction over oil and gas exploration and storage matters, has the degree of autonomy it has had over the years would ensure these activities are protected from potential inefficiencies; now, therefore, be it
Resolved by the House of Representatives, That we urge the Governor and the Director of the Department of Natural Resources and Environment to maintain the integrity of the Office of Geological Survey and keep it as a distinct and independent entity within the Department of Natural Resources and Environment with lead responsibilities for oil and gas resources in the state; and be it further
Resolved, That copies of this resolution be transmitted to the Governor of the state Michigan, the Director of the Department of Natural Resources and Environment, and the Supervisor of Wells of the Office of Geological Survey.
The resolution was referred to the Committee on Great Lakes and Environment.
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 Wednesday, February 24:
House Bill Nos. 5850 5851 5852 5853 5854 5855 5856 5857 5858 5859 5860 5861 5862 5863
5864 5865 5866 5867 5868 5869 5870 5871 5872 5873 5874 5875 5876 5877
5878 5879 5880 5881 5882 5883 5884 5885 5886 5887 5888 5889 5890
Senate Bill Nos. 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1172
The Clerk announced that the following Senate bill had been received on Wednesday, February 24:
Senate Bill No. 132
Reports of Standing Committees
The Committee on Families and Children’s Services, by Rep. Valentine, Chair, reported
Senate Bill No. 891, entitled
A bill to amend 1935 PA 220, entitled “An act to provide family home care for children committed to the care of the state, to create the Michigan children’s institute under the control of the Michigan social welfare commission, to prescribe the powers and duties thereof, and to provide penalties for violations of certain provisions of this act,” by amending section 9 (MCL 400.209), as amended by 2004 PA 470.
With the recommendation that the substitute (H-3) 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. Valentine, Womack, Liss, Neumann and Slavens
Nays: Rep. Pavlov
The Committee on Families and Children’s Services, by Rep. Valentine, Chair, reported
Senate Bill No. 892, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 43 of chapter X (MCL 710.43), as amended by 1996 PA 409.
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. Valentine, Womack, Liss, Neumann and Slavens
Nays: Reps. McMillin and Pavlov
The Committee on Families and Children’s Services, by Rep. Valentine, Chair, reported
Senate Bill No. 893, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19c (MCL 712A.19c), as amended by 2008 PA 203.
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. Valentine, Womack, Liss, Neumann and Slavens
Nays: Reps. McMillin and Pavlov
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Valentine, Chair, of the Committee on Families and Children’s Services, was received and read:
Meeting held on: Wednesday, February 24, 2010
Present: Reps. Valentine, Womack, Liss, Neumann, Slavens, Kurtz, McMillin, Moore and Pavlov
The Committee on New Economy and Quality of Life, by Rep. Clemente, Chair, reported
House Bill No. 5808, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88a (MCL 125.2088a), as amended by 2006 PA 639.
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. Clemente, Stanley, Byrnes, Geiss, Griffin, Leland, Segal, Knollenberg, 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, February 24, 2010
Present: Reps. Clemente, Stanley, Byrnes, Geiss, Griffin, Leland, Segal, Knollenberg, Bolger, Denby and Tyler
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Robert Jones, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Wednesday, February 24, 2010
Present: Reps. Robert Jones, Roy Schmidt, Byrum, Clemente, Haase, Haugh, Huckleberry, Lemmons, Nathan, Nerat, Sheltrown, Hansen, DeShazor, Knollenberg, Meekhof, Meltzer, Opsommer and Walsh
Absent: Rep. Womack
Excused: Rep. Womack
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Huckleberry, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Wednesday, February 24, 2010
Present: Reps. Huckleberry, Mayes, Barnett, Griffin, Haase, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meadows, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, February 24, 2010
Present: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lindberg, Chair, of the Committee on Labor, was received and read:
Meeting held on: Wednesday, February 24, 2010
Present: Reps. Lindberg, Kennedy, Kandrevas, Liss, Bettie Scott, Slezak, Young, Amash, Daley, Haveman and McMillin
Messages from the Senate
House Bill No. 5140, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by amending the title, as amended by 2002 PA 554, and by adding section 618a.
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. 4194, entitled
A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 75 (MCL 38.1075), as amended by 1998 PA 501.
The Senate has amended the bill as follows:
1. Amend page 1, line 11, by striking out all of subdivision (a) and inserting:
“(A) THE QUALIFIED PARTICIPANT MEETS ALL OF THE FOLLOWING REQUIREMENTS:
(i) WAS FIRST ELECTED TO THE LEGISLATURE BEFORE NOVEMBER 1, 2010.
(ii) HAS EARNED 6 YEARS OF SERVICE AS A QUALIFIED PARTICIPANT.
(iii) WAS NOT A MEMBER, DEFERRED VESTED MEMBER, OR FORMER NONVESTED MEMBER OF TIER 1.”.
2. Amend page 2, line 18, after “WAS” by inserting “FIRST”.
3. Amend page 2, following line 18, by inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 132 of the 95th Legislature is enacted into law.”.
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 4200, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7cc and 7dd (MCL 211.7cc and 211.7dd), section 7cc as amended by 2008 PA 198 and section 7dd as amended by 2008 PA 243.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 132, entitled
A bill to amend 1992 PA 234, entitled “The judges retirement act of 1992,” by amending sections 714 and 715 (MCL 38.2664 and 38.2665), section 714 as amended by 2002 PA 95 and section 715 as amended by 1999 PA 215.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Messages from the Governor
Date: February 24, 2010
Time: 8:45 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4723 (Public Act No. 5, I.E.), being
An act to amend 1996 PA 376, entitled “An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,” by amending section 3 (MCL 125.2683), as amended by 2008 PA 217, and by adding section 8g.
(Filed with the Secretary of State February 24, 2010, at 10:29 a.m.)
Introduction of Bills
Rep. Huckleberry introduced
House Bill No. 5891, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 50.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Reps. Lemmons, Bettie Scott, Womack, Roy Schmidt, Johnson and Dean introduced
House Bill No. 5892, entitled
A bill to amend 1990 PA 72, entitled “Local government fiscal responsibility act,” by amending section 41 (MCL 141.1241).
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Lemmons, Polidori, Johnson, Jackson and Dean introduced
House Bill No. 5893, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 413, 414, 415, 424a, 467b, 467d, 467e, and 544b (MCL 168.413, 168.414, 168.415, 168.424a, 168.467b, 168.467d, 168.467e, and 168.544b), sections 413, 414, 424a, 467b, and 467d as amended by 1999 PA 218, sections 415 and 467e as amended by 1990 PA 32, and section 544b as amended by 1999 PA 216.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Stanley, Robert Jones, Geiss, Young, Huckleberry, Slezak, Haugh, Johnson, Durhal, Bledsoe, Leland and Gonzales introduced
House Bill No. 5894, entitled
A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 9 (MCL 207.559), as amended by 2008 PA 516.
The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.
Rep. Meadows introduced
House Bill No. 5895, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57v.
The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.
Rep. Valentine introduced
House Bill No. 5896, entitled
A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” (MCL 28.721 to 28.736) by adding section 2a.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Cushingberry, Byrnes, Miller, Lemmons, Gonzales and Nerat introduced
House Bill No. 5897, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 801, 803a, 803p, and 809 (MCL 257.801, 257.803a, 257.803p, and 257.809), sections 801 and 809 as amended by 2009 PA 99 and section 803a as amended and section 803p as added by 1996 PA 404.
The bill was read a first time by its title and referred to the Committee on Transportation.
Announcements by the Clerk
February 19, 2010
Received from the Auditor General a copy of the following audit report and/or report summary:
Management Letter related to our audit of the financial statements of the Michigan Exposition and Fairgrounds Authority, a discretely presented component unit of the State of Michigan, as of and for the fiscal year ended September 30, 2009.
Richard J. Brown
Clerk of the House
______
Rep. Spade moved that the House adjourn.
The motion prevailed, the time being 3:15 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, February 25, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives
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