No. 20
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2010
House Chamber, Lansing, Tuesday, March 2, 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—present Gonzales—present Lipton—present Schmidt, W.—present
Bledsoe—present Green—present 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—excused 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—excused Kandrevas—present Neumann—present Walsh—present
Denby—present Kennedy—present Opsommer—present Warren—present
DeShazor—present Knollenberg—present Pavlov—present Womack—present
Dillon—e/d/s Kowall—present Pearce—present Young—present
Donigan—present
e/d/s = entered during session
Rep. Kim Meltzer, from the 33rd District, offered the following invocation:
“Our deepest thanks to You, Almighty God, Who has given us this beautiful sunny day. We ask for forgiveness so that You may hear our prayers.
We humbly beseech Thee that we may always prove ourselves a people mindful of Your favor and glad to do Your will. Bless our land with prosperity that comes from learning. Give us the knowledge and wisdom to teach our children in accordance with Your will. Save us from pride and arrogance, and from every evil way.
Protect the brave men and women who are defending our liberties and fighting for our freedom. Bring them safely home to their families.
Let us be united in our fight for a government representative of the people it serves and in difficult times as these do not let us fail in our faith of You, but instead share a greater reliance upon You.
I ask these things through Jesus Christ our Lord.
Amen.”
______
Rep. Segal moved that Reps. Dean and Jackson be excused from today’s session.
The motion prevailed.
Reports of Standing Committees
The Speaker laid before the House
House Concurrent Resolution No. 35.
A concurrent resolution to urge the Secretary of the United States Department of Health and Human Services to continue the Perinatology Research Branch facility in Detroit, Michigan.
(For text of concurrent resolution, see House Journal No. 109 of 2009, p. 2514.)
(The concurrent resolution was reported by the Committee on Health Policy on February 23, with substitute (H-1).)
(For substitute, see House Journal No. 17, p. 175.)
The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,
The substitute (H-1) was adopted, a majority of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Messages from the Senate
The Speaker laid before the House
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 bill was received from the Senate on February 24, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 25, see House Journal No. 18, p. 204.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 45 Yeas—105
Agema Ebli Lahti Proos
Amash Elsenheimer LeBlanc Roberts
Angerer Espinoza Leland Rocca
Ball Geiss Lemmons Rogers
Barnett Genetski Lindberg Schmidt, R.
Bauer Gonzales Lipton Schmidt, W.
Bennett Green Liss Schuitmaker
Bledsoe Gregory Lori Scott, B.
Bolger Griffin Lund Scott, P.
Booher Haase Marleau Scripps
Brown, L. Haines Mayes Segal
Brown, T. Hammel McDowell Sheltrown
Byrnes Hansen McMillin Slavens
Byrum Haugh Meadows Slezak
Calley Haveman Meekhof Smith
Caul Hildenbrand Melton Spade
Clemente Horn Meltzer Stamas
Constan Huckleberry Miller Stanley
Corriveau Johnson Moore Switalski
Coulouris Jones, Rick Moss Tlaib
Crawford Jones, Robert Nerat Tyler
Cushingberry Kandrevas Neumann Valentine
Daley Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Donigan Kurtz Polidori Young
Durhal
Nays—1
Nathan
In The Chair: Byrnes
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Dillon entered the House Chambers.
Second Reading of Bills
House Bill No. 5661, entitled
A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 5 (MCL 780.905), as amended by 2005 PA 315.
The bill was read a second time.
Rep. McDowell 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. 5661, entitled
A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 5 (MCL 780.905), as amended by 2005 PA 315.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 46 Yeas—79
Angerer Durhal LeBlanc Schmidt, W.
Ball Ebli Leland Schuitmaker
Barnett Elsenheimer Lemmons Scott, B.
Bauer Espinoza Lindberg Scripps
Bennett Geiss Lipton Segal
Bledsoe Gonzales Liss Sheltrown
Booher Green Lori Slavens
Brown, L. Gregory Mayes Slezak
Brown, T. Griffin McDowell Smith
Byrnes Haase Meadows Spade
Byrum Hammel Melton Stanley
Clemente Haugh Miller Switalski
Constan Hildenbrand Nathan Tlaib
Corriveau Huckleberry Nerat Tyler
Coulouris Johnson Neumann Valentine
Crawford Jones, Rick Polidori Walsh
Cushingberry Jones, Robert Roberts Warren
Denby Kandrevas Rocca Womack
Dillon Kennedy Rogers Young
Donigan Lahti Schmidt, R.
Nays—28
Agema Genetski Kurtz Moss
Amash Haines Lund Opsommer
Bolger Hansen Marleau Pavlov
Calley Haveman McMillin Pearce
Caul Horn Meekhof Proos
Daley Knollenberg Meltzer Scott, P.
DeShazor Kowall Moore Stamas
In The Chair: Byrnes
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. 5666, entitled
A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2008 PA 396.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Bauer 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. Bauer 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. 5666, entitled
A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2008 PA 396.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 47 Yeas—77
Angerer Ebli Leland Schmidt, W.
Ball Espinoza Lemmons Schuitmaker
Barnett Geiss Lindberg Scott, B.
Bauer Gonzales Lipton Scripps
Bennett Gregory Liss Segal
Bledsoe Griffin Lori Sheltrown
Booher Haase Mayes Slavens
Brown, L. Haines McDowell Slezak
Brown, T. Hammel Meadows Smith
Byrnes Haugh Melton Spade
Byrum Hildenbrand Miller Stanley
Clemente Huckleberry Nathan Switalski
Constan Johnson Nerat Tlaib
Corriveau Jones, Rick Neumann Tyler
Coulouris Jones, Robert Polidori Valentine
Cushingberry Kandrevas Roberts Walsh
Denby Kennedy Rocca Warren
Dillon Lahti Rogers Womack
Donigan LeBlanc Schmidt, R. Young
Durhal
Nays—30
Agema Elsenheimer Kurtz Moss
Amash Genetski Lund Opsommer
Bolger Green Marleau Pavlov
Calley Hansen McMillin Pearce
Caul Haveman Meekhof Proos
Crawford Horn Meltzer Scott, P.
Daley Knollenberg Moore Stamas
DeShazor Kowall
In The Chair: Byrnes
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. 5667, entitled
A bill to amend 1976 PA 223, entitled “An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,” by amending section 11 (MCL 18.361), as amended by 2008 PA 390.
The bill was read a second time.
Rep. Schuitmaker 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. 5667, entitled
A bill to amend 1976 PA 223, entitled “An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,” by amending section 11 (MCL 18.361), as amended by 2008 PA 390.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 48 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.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Slavens
Byrum Hansen Meadows Slezak
Calley Haugh Meekhof Smith
Caul Haveman Melton Spade
Clemente Hildenbrand Meltzer Stamas
Constan Horn Miller Stanley
Corriveau Huckleberry Moore Switalski
Coulouris Johnson Moss Tlaib
Crawford Jones, Rick Nathan Tyler
Cushingberry Jones, Robert Nerat Valentine
Daley 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. Segal 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
Motions and Resolutions
Reps. Miller, Barnett, Byrnes, Constan, Cushingberry, Geiss, Gonzales, Gregory, Haugh, Huckleberry, Robert Jones, Kandrevas, LeBlanc, Leland, Lemmons, Liss, Mayes, Meadows, Neumann, Polidori, Rogers, Bettie Scott, Scripps, Slavens, Smith, Stanley and Switalski offered the following resolution:
House Resolution No. 213.
A resolution to memorialize the Congress of the United States to enact legislation creating a comprehensive jobs program.
Whereas, Michigan continues to experience an unemployment crisis causing severe financial hardship for families and small businesses, while creating unprecedented demand on public and private organizations that provide essential services; and
Whereas, The past decade has proven to be devastating for the state. Michigan lost more than 279,242 jobs in 2009, making the total number of jobs lost in the state over the last decade a staggering 796,942. Michigan has experienced double-digit unemployment rates since December 2008 and has led the nation with the highest percent of unemployment since 2006. Michigan’s per capita income has declined 12 percent in eight years. The U.S. Bureau of Economic Analysis data indicates Michigan, which ranked as high as twelfth among the 50 states and D.C. in per capita income in 1977, plummeted to thirty-eighth in 2008; and
Whereas, We applaud the federal government for extending unemployment benefits and for funding retraining programs for residents to improve and diversify their skill sets. However, considering that Michigan economic conditions remain severe, the majority of individuals who have been retrained still cannot find work; and
Whereas, The University of Michigan projects further net job losses of 84,900 in 2010 and indications are that Michigan will be among the 10 poorest states in the county in 2010; and
Whereas, As a result, Michigan will continue to experience the negative effects of the nation’s highest unemployment rate, which include, but are not limited to, high rates of foreclosure, loss of business investment, and continued decline in revenue for the levels of government that provide essential services; and
Whereas, While the banking industry has received record amounts of financial assistance from the federal government, we believe families have suffered the greatest from this economic downturn and should be extended the same help in coping with this severe and sustained national and regional recession; and
Whereas, During the 1930s, public job programs employed millions of people and left a legacy of improvements in the national parks and forests, more than 100,000 miles of new road, 35,000 public buildings, urban art and murals, soil conservation, and many other valuable contributions to national life and prosperity. A smaller program in the 1970s employed 750,000 people at its peak, gave on-the-job training that boosted the long-term income of hundreds of thousands of young people and urban residents, and performed valuable services in thousands of communities. We know from those experiences that a large-scale jobs program can be geared up quickly and help put a million of our citizens back to work in jobs that will improve their communities and contribute to shared prosperity; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact legislation to create a comprehensive jobs program that will hire unemployed individuals for a period of at least one year in positions providing public service and benefit to the community; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Labor.
Reps. Geiss, Byrnes, Ball, Barnett, Constan, Cushingberry, Gonzales, Green, Gregory, Haugh, Huckleberry, Robert Jones, Kandrevas, Knollenberg, LeBlanc, Leland, Lemmons, Liss, Mayes, Meadows, Opsommer, Pearce, Polidori, Wayne Schmidt, Bettie Scott, Smith, Stanley, Switalski and Walsh offered the following resolution:
House Resolution No. 214.
A resolution to encourage the U.S. Department of Transportation to approve the application of Delta Air Lines for a new route from Detroit Metropolitan Airport to Haneda Airport in Japan.
Whereas, The new Open Skies bilateral aviation agreement with Japan allows for limited U.S. airline service into Haneda Airport, also known as Tokyo International Airport and the largest in Japan, for the first time since 1978. Delta Air Lines has applied for the rights to operate daily service into Haneda from Detroit, Seattle, Los Angeles, and Honolulu. Delta’s Detroit hub is one of the largest and most effective U.S. airline hubs for service to Asia and provides convenient connecting service from more than 100 American cities; and
Whereas, Over 500 Japanese companies are located in Michigan, and Michigan exports over $1.5 billion a year to Japan. The local market and connecting service would strongly support air service to Haneda. New air service to Haneda would create direct and immediate economic benefits for metropolitan Detroit and the state of Michigan. A new transpacific air route can generate up to $150 million in annual economic activity, and Delta estimates that 300 jobs are created to support each new long-haul transpacific route; and
Whereas, With four new Haneda air routes to award, the U.S. Department of Transportation should select the carrier that will maximize the consumer and economic benefits associated with the new bilateral aviation agreement. The department has the opportunity to ensure that Michigan remains an important gateway to Asia and to boost the Michigan economy by approving this timely application. Delta Air Lines is strongly positioned to compete with Japanese carriers and their U.S. partners in large local markets that will receive new Haneda service; now, therefore, be it
Resolved by the House of Representatives, That we encourage the U.S. Department of Transportation to approve the application of Delta Air Lines for a new route from Detroit Metropolitan Airport to Haneda Airport in Japan; and be it further
Resolved, That copies of this resolution be transmitted to the Secretary of the U.S. Department of Transportation.
The resolution was referred to the Committee on New Economy and Quality of Life.
Rep. Mayes offered the following resolution:
House Resolution No. 215.
A resolution to declare March 1-7, 2010, as Weights and Measures Week in the state of Michigan.
Whereas, The Weights and Measures Program of the Michigan Department of Agriculture Laboratory Division serves to meet the public need of standard weights and measures in the state of Michigan; and
Whereas, The employees of the Weights and Measures Program are responsible for ensuring that all weighing and measuring devices used in commerce are accurate in both their design and operation; and
Whereas, Weights and measures activities have an estimated economic impact of over $170 billion in Michigan annually; and
Whereas, This year’s theme “Michigan Weights and Measures - Keeping Pace for the Future” recognizes Michigan as one of the eight original states partnering together in 1905 to begin establishing nationwide uniform weights and measures requirements that promote a competitive, fair marketplace and serve to strengthen Michigan’s diverse economy; and
Whereas, Each year, the first week in March is set aside to commemorate the enactment of our nation’s first Weights and Measures Law in 1799 and to increase public awareness of the importance of this law; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize March 1-7, 2010, as Weights and Measures Week in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Gonzales, Ball, Barnett, Booher, Byrnes, Constan, Cushingberry, Geiss, Green, Gregory, Haugh, Huckleberry, Robert Jones, Kandrevas, Knollenberg, Lahti, LeBlanc, Leland, Lemmons, Liss, Lori, Mayes, Meadows, Neumann, Polidori, Rogers, Bettie Scott, Sheltrown, Slavens, Smith, Spade, Stanley, Switalski and Valentine offered the following resolution:
House Resolution No. 216.
A resolution to memorialize Congress to enact an extension of the funding for the Federal Highway Trust Fund.
Whereas, The Federal Highway Trust Fund was established in 1956 to provide a stable source of funds to maintain the United States interstate highway system. It is supported by federal fuel taxes and is the primary source of funding for all surface transportation programs in the nation, including highways, bridges, transit, and safety inspections; and
Whereas, As of March 1, 2010, when authorization for the surface transportation program expired, the federal government temporarily shut down the Highway Trust Fund, suspending payments to states, localities, and transit agencies and furloughing federal employees who are paid out of the fund. The shutdown is in effect until Congress passes, and the President signs, legislation to extend surface transportation programs, including funding for the Highway Trust Fund; and
Whereas, Without Highway Trust Fund dollars, Michigan will be unable to fully fund the planned 2010 capital program nor obligate funds for future projects. Local and state road projects will be delayed, increasing unemployment in Michigan. Projects may be forced to span two construction seasons, resulting in higher project costs and unnecessary inconvenience and inefficiency; now, therefore, be it
Resolved by the House of Representatives, That we memorialize Congress to enact an extension of the funding for the Federal Highway Trust Fund; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Transportation.
Reps. Rick Jones, Ball, Barnett, Booher, Lisa Brown, Byrnes, Calley, Caul, Constan, Crawford, Cushingberry, Denby, Geiss, Gonzales, Green, Gregory, Haugh, Horn, Huckleberry, Robert Jones, Kandrevas, Knollenberg, Kurtz, Lahti, LeBlanc, Leland, Lemmons, Liss, Lori, Mayes, Meadows, Miller, Moss, Pearce, Polidori, Proos, Rogers, Wayne Schmidt, Bettie Scott, Sheltrown, Slavens, Smith, Spade, Stanley, Tyler and Valentine offered the following resolution:
House Resolution No. 217.
A resolution to declare May 2010 as Motorcycle Safety Awareness Month in the state of Michigan.
Whereas, Michigan has 259,843 registered motorcycles and 544,812 individuals who have operator licenses with a motorcycle endorsement; and
Whereas, The safe operation of a motorcycle requires the use of special skills developed through a combination of training and expertise, the use of good judgment, plus a thorough knowledge of traffic laws and licensing requirements; and
Whereas, The specific use of a safety helmet, meeting the United States Department of Transportation standards, and the proper protective riding apparel is an important part of a motorcycle operator’s responsibility; and
Whereas, Motorcycle safety awareness promotion is a cooperative effort to decrease the number of injuries and fatalities associated with motorcycling; and
Whereas, The promotion of motorcycle rider education programs available through the Michigan Department of State, including recommendations that motorcycle operators wear proper gear in addition to driving their vehicles defensively and cautiously is intended to reduce the number of crashes; and
Whereas, The emergence of spring is synonymous with the return of motorcycle mavens to our state’s roadways. Throughout Michigan, motorcyclists have been on the cutting edge of promoting the wise and sensible use of this enjoyable mode of travel. Indeed, the disproportionate number of motorcycle fatalities makes it vitally important to encourage motorcyclists to understand and practice the highest degree of safety. It is also important to remind other drivers that highway safety is beneficial to all parties traveling on public roadways; and
Whereas, Motorcycle Safety Awareness Month encourages motorcycle operators to don proper protective riding attire; to maintain their motorcycles at a high level of safe operating conditions; to abide by the laws of the road; and to implement operating techniques providing an additional standard of safety. Additionally, car and truck drivers are informed of the fact that motorcyclists are resuming their travels on our public roadways, and each is encouraged to be exceptionally vigilant and watchful when approaching or passing a motorcycle on the highway; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 2010 as Motorcycle Safety Awareness Month in the state of Michigan. We encourage all of Michigan’s citizens to participate in the aims and goals of this effort.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Gonzales, Ball, Barnett, Booher, Byrnes, Caul, Constan, Cushingberry, Geiss, Green, Gregory, Huckleberry, Robert Jones, Kandrevas, Knollenberg, Lahti, LeBlanc, Leland, Lemmons, Liss, Mayes, Meadows, Neumann, Polidori, Rogers, Bettie Scott, Sheltrown, Smith, Spade, Stanley, Switalski and Valentine offered the following concurrent resolution:
House Concurrent Resolution No. 43.
A concurrent resolution to memorialize Congress to enact an extension of the funding for the Federal Highway Trust Fund.
Whereas, The Federal Highway Trust Fund was established in 1956 to provide a stable source of funds to maintain the United States interstate highway system. It is supported by federal fuel taxes and is the primary source of funding for all surface transportation programs in the nation, including highways, bridges, transit, and safety inspections; and
Whereas, As of March 1, 2010, when authorization for the surface transportation program expired, the federal government temporarily shut down the Highway Trust Fund, suspending payments to states, localities, and transit agencies and furloughing federal employees who are paid out of the fund. The shutdown is in effect until Congress passes, and the President signs, legislation to extend surface transportation programs, including funding for the Highway Trust Fund; and
Whereas, Without Highway Trust Fund dollars, Michigan will be unable to fully fund the planned 2010 capital program nor obligate funds for future projects. Local and state road projects will be delayed, increasing unemployment in Michigan. Projects may be forced to span two construction seasons, resulting in higher project costs and unnecessary inconvenience and inefficiency; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize Congress to enact an extension of the funding for the Federal Highway Trust Fund; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The concurrent resolution was referred to the Committee on Transportation.
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 25:
Senate Bill Nos. 1174 1175 1176 1177 1178 1179
The Clerk announced the enrollment printing and presentation to the Governor on Friday, February 26, for her approval of the following bills:
Enrolled House Bill No. 4202 at 3:54 p.m.
Enrolled House Bill No. 4535 at 3:56 p.m.
Enrolled House Bill No. 4724 at 3:58 p.m.
Enrolled House Bill No. 4820 at 4:00 p.m.
Enrolled House Bill No. 5140 at 4:02 p.m.
Enrolled House Bill No. 5567 at 4:04 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, February 26:
House Bill Nos. 5898 5899 5900 5901 5902 5903 5904 5905 5906 5907
The Clerk announced that the following Senate bills had been received on Tuesday, March 2:
Senate Bill Nos. 192 721 860 1094 1095 1096
Reports of Standing Committees
The Committee on Energy and Technology, by Rep. Mayes, Chair, reported
House Bill No. 5663, entitled
A bill to authorize a local unit of government to create a program to promote green energy use; to authorize a local unit of government to issue bonds and make loans from the proceeds of those bonds for certain purposes; to provide for the repayment of loans; and to prescribe the powers and duties of certain officials.
With the recommendation that the bill be referred to the Committee on Great Lakes and Environment.
Favorable Roll Call
To Report Out:
Yeas: Reps. Mayes, Geiss, Huckleberry, Johnson, Lindberg, Lipton, Melton, Scripps, Horn, Crawford, Marleau, Opsommer, Wayne Schmidt and Schuitmaker
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Great Lakes and Environment.
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, March 2, 2010
Present: Reps. Mayes, Geiss, Lisa Brown, Huckleberry, Johnson, Lindberg, Lipton, Melton, Scripps, Horn, Crawford, Marleau, Opsommer, Wayne Schmidt and Schuitmaker
Absent: Reps. Clemente, Ebli, Roberts and Proos
Excused: Reps. Clemente, Ebli, Roberts and Proos
The Committee on Urban Policy, by Rep. Leland, Chair, reported
House Concurrent Resolution No. 41.
A concurrent resolution to memorialize the Congress of the United States to enact the federal Food Desert Oasis Act to encourage the location of grocery stores in certain communities.
(For text of concurrent resolution, see House Journal No. 12, p. 126.)
With the recommendation that the concurrent resolution be adopted.
Favorable Roll Call
To Report Out:
Yeas: Reps. Leland, Barnett, Segal, Stanley, Womack, Hansen, Meltzer and Pavlov
Nays: Rep. Paul Scott
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Leland, Chair, of the Committee on Urban Policy, was received and read:
Meeting held on: Tuesday, March 2, 2010
Present: Reps. Leland, Nathan, Barnett, Segal, Stanley, Womack, Paul Scott, Hansen, Meltzer and Pavlov
Absent: Rep. Meadows
Excused: Rep. Meadows
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
House Bill No. 5899, entitled
A bill to amend 2009 PA 149, entitled “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,” (MCL 339.101 to 339.2919) by amending the title, as amended by 1993 PA 93, and by adding section 1809a,” by amending enacting section 1.
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, Roy Schmidt, Rick Jones, Agema, Amash and Kurtz
Nays: None
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
House Bill No. 5900, entitled
A bill to amend 2009 PA 148, entitled “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,” (MCL 339.101 to 339.2919) by adding section 1809b,” by amending enacting section 1.
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, Agema, Amash 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, March 2, 2010
Present: Reps. Polidori, Roberts, Byrnes, Liss, Roy Schmidt, Rick Jones, Agema, Amash and Kurtz
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, March 2, 2010
Present: Reps. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Kennedy, Young, Lund, Denby, Meekhof and Wayne Schmidt
Messages from the Senate
Senate Bill No. 192, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), as amended by 2008 PA 472.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 721, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2006 PA 605.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Senate Bill No. 860, entitled
A bill to amend 1978 PA 90, entitled “Youth employment standards act,” by amending section 4 (MCL 409.104), as amended by 1996 PA 438.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Labor.
Senate Bill No. 1094, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 714 (MCL 168.714), as amended by 1990 PA 7.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Senate Bill No. 1095, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 644e (MCL 168.644e), as amended by 2003 PA 302.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Senate Bill No. 1096, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 713 (MCL 168.713), as amended by 1990 PA 7.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Introduction of Bills
Reps. Walsh, Crawford, Horn, Bledsoe, McMillin, Agema, Denby, Opsommer and Ball introduced
House Bill No. 5908, entitled
A bill to amend 1996 PA 463, entitled “An act to establish guidelines for the decennial adoption of redistricting plans for the senate and house of representatives; to provide original jurisdiction to the supreme court to review redistricting plans enacted by the legislature for compliance with those guidelines; and to provide a procedure for the supreme court to use to redistrict the senate and house of representatives under certain circumstances,” by amending the title and sections 1, 2, 3, 4, and 5 (MCL 4.261, 4.262, 4.263, 4.264, and 4.265), section 2 as amended by 1999 PA 223, and by adding section 6; 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.
Rep. McDowell introduced
House Bill No. 5909, entitled
A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending sections 2f and 7 (MCL 21.142f and 21.147), section 2f as added by 2003 PA 262 and section 7 as amended by 2000 PA 280.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Bettie Scott, Huckleberry, Durhal, Cushingberry, Liss, Young, Geiss, Smith, Terry Brown, Polidori, Espinoza, Valentine, Leland, Gregory, Nathan, Miller, Slavens, Constan, Dean and Womack introduced
House Bill No. 5910, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 278.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Haugh, Roy Schmidt, Roberts, LeBlanc and Polidori introduced
House Bill No. 5911, entitled
A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending the title and sections 41 and 43 (MCL 432.41 and 432.43), the title as amended by 1996 PA 95, section 41 as amended by 2009 PA 25, and section 43 as amended by 1997 PA 72, and by adding section 10.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Lipton introduced
House Bill No. 5912, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding section 8f.
The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.
Rep. Lipton introduced
House Bill No. 5913, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 710e (MCL 257.710e), as amended by 2008 PA 43.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Meadows introduced
House Bill No. 5914, entitled
A bill to amend 1996 PA 463, entitled “An act to establish guidelines for the decennial adoption of redistricting plans for the senate and house of representatives; to provide original jurisdiction to the supreme court to review redistricting plans enacted by the legislature for compliance with those guidelines; and to provide a procedure for the supreme court to use to redistrict the senate and house of representatives under certain circumstances,” by amending section 1 (MCL 4.261).
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Meadows introduced
House Bill No. 5915, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 72, 73, 74, and 534 (MCL 168.72, 168.73, 168.74, and 168.534), section 73 as amended by 2004 PA 92, section 74 as amended by 1999 PA 216, and section 534 as amended by 1988 PA 116, and by adding sections 72a, 73a, 74a, 74b, 74c, 74d, 74e, and 74f.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Lund introduced
House Bill No. 5916, entitled
A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 1 of chapter II and section 4 of chapter VI (MCL 62.1 and 66.4), section 1 of chapter II as amended by 2004 PA 300 and section 4 of chapter VI as amended by 1999 PA 259, and by adding section 4 to chapter XIV.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Lund introduced
House Bill No. 5917, entitled
A bill to amend 1909 PA 278, entitled “The home rule village act,” (MCL 78.1 to 78.28) by adding section 1c.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Meadows introduced
House Joint Resolution WW, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 21 of article V, to modify the nomination process for the secretary of state and attorney general.
The joint resolution was read a first time by its title and referred to the Committee on Judiciary.
Rep. Meadows introduced
House Joint Resolution XX, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 2 and 3 of article IV, to modify the term of office for certain state offices.
The joint resolution was read a first time by its title and referred to the Committee on Judiciary.
Announcements by the Clerk
February 25, 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 State of Michigan 401K Plan as of and for the fiscal year ended September 30, 2009.
Richard J. Brown
Clerk of the House
______
Rep. Slezak moved that the House adjourn.
The motion prevailed, the time being 3:35 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, March 3, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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