No. 21

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Wednesday, March 3, 2010.

1:30 p.m.

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

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

Agema—present Durhal—present Kurtz—present Polidori—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—excused 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—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—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. James Marleau, from the 46th District, offered the following invocation:

“Lord, creator and sustainer of all that we have thank You for being You and giving us Your grace. Please guide our political leaders in the direction You would have them go. Remove temptation from our path and give us the will to stand up for what is important to You. Lord, I also ask You to look over and guide our men and women that are serving in the military from the great state of Michigan and also help those loved ones that are still here at home in these difficult times while they are serving far away. I humbly ask this in Jesus name, Amen.”

______

Rep. Segal moved that Reps. Barnett and Bennett be excused from today’s session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4821, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 867 and 881 (MCL 168.867 and 168.881), section 867 as amended by 1980 PA 200 and section 881 as amended by 1995 PA 261.

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 not adopted, a majority of the members serving not voting therefor.

Rep. Scripps 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. Scripps 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. 4821, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 867 and 881 (MCL 168.867 and 168.881), section 867 as amended by 1980 PA 200 and section 881 as amended by 1995 PA 261.

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

Roll Call No. 49 Yeas—91

Agema Donigan Kurtz Proos

Angerer Durhal Lahti Roberts

Ball Ebli LeBlanc Rocca

Bauer Espinoza Leland Rogers

Bledsoe Geiss Lemmons Schmidt, R.

Bolger Genetski Lindberg Schmidt, W.

Booher Gonzales Lipton Schuitmaker

Brown, L. Gregory Liss Scripps

Brown, T. Griffin Lori Segal

Byrnes Haase Lund Sheltrown

Byrum Haines Mayes Slavens

Calley Hammel McDowell Slezak

Caul Hansen Meadows Smith

Clemente Haugh Melton Spade

Constan Huckleberry Meltzer Stanley

Corriveau Jackson Miller Switalski

Coulouris Johnson Moore Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pearce Womack

Dillon Kowall Polidori

Nays—16

Amash Haveman McMillin Scott, B.

Crawford Hildenbrand Meekhof Scott, P.

Elsenheimer Horn Moss Stamas

Green Marleau Pavlov Young

In The Chair: Espinoza

The House agreed to the title of the bill.

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

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

______

Rep. Meekhof, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

HB 4821 does not reimburse the actual cost of the recount, therefore I can not vote in favor.”

______

Rep. Corriveau moved that Rep. Coulouris be excused temporarily from today’s session.

The motion prevailed.

Second Reading of Bills

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.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on New Economy and Quality of Life,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. McMillin moved to amend the bill as follows:

1. Amend page 1, line 1, after “Sec. 88a.” by inserting “(1)”.

2. Amend page 9, following line 20, by inserting:

(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE FUND BOARD AND THE COMMERCIALIZATION BOARD SHALL NOT MAKE A LOAN OR PROVIDE A GRANT TO ANY QUALIFIED BUSINESS OR OTHER BUSINESS IF THAT QUALIFIED BUSINESS OR OTHER BUSINESS WOULD BE COMPETING WITH ANY OTHER BUSINESS THAT IS ALREADY LOCATED IN THIS STATE.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. McMillin moved to amend the bill as follows:

1. Amend page 1, line 1, after “Sec. 88a.” by inserting “(1)”.

2. Amend page 9, following line 20, by inserting:

(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE FUND BOARD AND THE COMMERCIALIZATION BOARD SHALL NOT MAKE A LOAN OR PROVIDE A GRANT TO ANY QUALIFIED BUSINESS OR OTHER BUSINESS UNLESS THAT QUALIFIED BUSINESS OR OTHER BUSINESS AGREES IN WRITING THAT IT WILL HIRE ONLY MICHIGAN RESIDENTS, TO THE EXTENT PROVIDED BY LAW, TO CONDUCT THE WORK THAT IS BEING FUNDED UNDER THIS CHAPTER.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. McMillin moved to amend the bill as follows:

1. Amend page 9, following line 20, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 945 of the 95th Legislature is enacted into law.”.

The question being on the adoption of the amendment offered by Rep. McMillin,

Rep. Segal demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. McMillin,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 50 Yeas—41

Agema Elsenheimer Kurtz Pavlov

Amash Genetski Lori Pearce

Ball Green Lund Proos

Bolger Haines Marleau Rogers

Booher Hansen McMillin Schmidt, W.

Calley Haveman Meekhof Schuitmaker

Caul Hildenbrand Meltzer Scott, P.

Crawford Jones, Rick Moore Stamas

Daley Knollenberg Moss Tyler

Denby Kowall Opsommer Walsh

DeShazor

Nays—65

Angerer Geiss Leland Schmidt, R.

Bauer Gonzales Lemmons Scott, B.

Bledsoe Gregory Lindberg Scripps

Brown, L. Griffin Lipton Segal

Brown, T. Haase Liss Sheltrown

Byrnes Hammel Mayes Slavens

Byrum Haugh McDowell Slezak

Clemente Horn Meadows Smith

Constan Huckleberry Melton Spade

Corriveau Jackson Miller Stanley

Cushingberry Johnson Nathan Switalski

Dean Jones, Robert Nerat Tlaib

Dillon Kandrevas Neumann Valentine

Donigan Kennedy Polidori Warren

Durhal Lahti Roberts Womack

Ebli LeBlanc Rocca Young

Espinoza

In The Chair: Espinoza

Rep. Byrnes 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. 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.

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

Roll Call No. 51 Yeas—95

Angerer Espinoza LeBlanc Rocca

Ball Geiss Leland Rogers

Bauer Gonzales Lemmons Schmidt, R.

Bledsoe Green Lindberg Schmidt, W.

Bolger Gregory Lipton Schuitmaker

Booher Griffin Liss Scott, B.

Brown, L. Haase Lori Scripps

Brown, T. Haines Marleau Segal

Byrnes Hammel Mayes Sheltrown

Byrum Hansen McDowell Slavens

Calley Haugh Meadows Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Crawford Jackson Moore Stanley

Cushingberry Johnson Moss Switalski

Dean Jones, Rick Nathan Tlaib

Denby Jones, Robert Nerat Tyler

DeShazor Kandrevas Neumann Valentine

Dillon Kennedy Pavlov Walsh

Donigan Knollenberg Pearce Warren

Durhal Kowall Polidori Womack

Ebli Kurtz Proos Young

Elsenheimer Lahti Roberts

Nays—11

Agema Daley Lund Opsommer

Amash Genetski McMillin Scott, P.

Caul Haveman Meekhof

In The Chair: Espinoza

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 1045, entitled

A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 39 (MCL 256.659).

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. 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

Senate Bill No. 1045, entitled

A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 39 (MCL 256.659).

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

Roll Call No. 52 Yeas—88

Angerer Elsenheimer Lemmons Rocca

Ball Espinoza Lindberg Schmidt, R.

Bauer Geiss Lipton Schmidt, W.

Bledsoe Gonzales Liss Schuitmaker

Bolger Green Lori Scott, B.

Booher Gregory Lund Scripps

Brown, T. Haase Marleau Segal

Byrnes Haines Mayes Sheltrown

Byrum Hammel McDowell Slavens

Calley Hansen Meadows Slezak

Clemente Haugh Melton Smith

Constan Hildenbrand Meltzer Spade

Corriveau Huckleberry Miller Stamas

Crawford Jackson Moore Stanley

Cushingberry Johnson Moss Switalski

Daley Jones, Rick Nathan Tlaib

Dean Jones, Robert Nerat Tyler

Denby Kandrevas Neumann Valentine

Dillon Kennedy Pavlov Walsh

Donigan Knollenberg Polidori Warren

Durhal LeBlanc Proos Womack

Ebli Leland Roberts Young

Nays—18

Agema Genetski Kurtz Opsommer

Amash Griffin Lahti Pearce

Brown, L. Haveman McMillin Rogers

Caul Horn Meekhof Scott, P.

DeShazor Kowall

In The Chair: Espinoza

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the certification of driver education providers; to prescribe certain record-keeping and program requirements for driver education providers; to provide for the certification of driver education instructors; to prescribe the powers and duties of certain persons and departments; to prescribe certain fees; to establish a fund in the state treasury; to prescribe remedies, sanctions, and penalties; and to rescind administrative rules,”

The House agreed to the full title.

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

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

______

Rep. Genetski, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I very much believe in organ donation, however, I am concerned that passage of this bill equates to an unfunded mandate on the Secretary of State and I am concerned that this is redundant when considering laws and rules currently in place regarding organ donation.

Respectfully submitted-

Bob Genetski”

______

Rep. Segal 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

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Wednesday, March 3:

House Bill Nos. 5908 5909 5910 5911 5912 5913 5914 5915 5916 5917

House Joint Resolutions WW XX

Senate Bill No. 1180

The Clerk announced that the following Senate bills had been received on Wednesday, March 3:

Senate Bill Nos. 619 692 693 694 695 757 999 1013 1172

Reports of Standing Committees

The Committee on New Economy and Quality of Life, by Rep. Clemente, Chair, reported

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.

(For text of resolution, see House Journal No. 20, p. 222.)

With the recommendation that the resolution be adopted.

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, March 3, 2010

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

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Bill No. 5036, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2977.

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. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren and Rocca

Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported

Senate Bill No. 719, entitled

A bill to amend 1895 PA 198, entitled “An act to establish a law uniform with the laws of other states relating to the sealing of deeds and other written instruments,” by amending section 2 (MCL 565.232).

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. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca

Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported

Senate Bill No. 720, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” by amending section 3n (MCL 8.3n).

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. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca

Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported

Senate Bill No. 760, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 33b (MCL 791.233b), as amended by 1994 PA 217.

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. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca

Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported

Senate Bill No. 761, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2006 PA 574.

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. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca

Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported

Senate Bill No. 762, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 171 (MCL 750.171).

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. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca

Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported

Senate Bill No. 763, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing sections 11 and 12 (MCL 750.11 and 750.12).

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. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca

Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported

Senate Bill No. 764, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16a of chapter XVII (MCL 777.16a), as amended by 2004 PA 216.

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. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca

Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported

Senate Bill No. 765, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing chapter LXVI (MCL 750.442 to 750.447).

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. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca

Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported

Senate Bill No. 766, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16v of chapter XVII (MCL 777.16v), as amended by 2008 PA 412.

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. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca

Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported

Senate Bill No. 767, entitled

A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending section 22 (MCL 338.3622), as amended by 2007 PA 196.

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. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 3, 2010

Present: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

Senate Bill No. 251, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Cushingberry, Hammel, Bauer, Dean, Durhal, Espinoza, Gregory, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 3, 2010

Present: Reps. Cushingberry, Hammel, Bauer, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker

Absent: Rep. Bennett

The Committee on Agriculture, by Rep. Huckleberry, Chair, reported

House Bill No. 5822, entitled

A bill to amend 1976 PA 328, entitled “An act to regulate animals running at large; to provide for compensation for damage done by animals running at large; to prescribe penalties; and to repeal certain acts and parts of acts,” (MCL 433.11 to 433.20) by adding section 4a; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Huckleberry, Mayes, Griffin, Haase, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz

Nays: None

The Committee on Agriculture, by Rep. Huckleberry, Chair, reported

House Bill No. 5823, entitled

A bill to amend 1959 PA 66, entitled “An act to prohibit the running at large on or the grazing upon any land owned by or under the control of the department of conservation, by cattle, horses, sheep and swine; to provide for the enforcement of this act; and to prescribe penalties for the violation of the provisions of this act,” by amending section 1 (MCL 322.581) and by adding section 12.

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. Huckleberry, Mayes, Griffin, Haase, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz

Nays: None

The Committee on Agriculture, by Rep. Huckleberry, Chair, reported

House Bill No. 5824, entitled

A bill to amend 1879 PA 248, entitled “An act to prevent animals from running at large in certain cities and villages within this state,” by amending section 1 (MCL 433.51) and by adding section 13.

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. Huckleberry, Mayes, Griffin, Haase, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 3, 2010

Present: Reps. Huckleberry, Mayes, Griffin, Haase, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz

Absent: Rep. Barnett

Excused: Rep. Barnett

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ebli, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, March 3, 2010

Present: Reps. Ebli, Melton, Coulouris, Robert Jones, Kandrevas, Lipton, Mayes, Slezak, Calley, Kowall, Lund, Meekhof, Meltzer, Stamas and Walsh

Absent: Reps. Barnett and Warren

Excused: Rep. Barnett

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Johnson, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, March 3, 2010

Present: Reps. Johnson, Haugh, Byrnes, Melton, Stanley, Rocca, Crawford, Rick Jones and Stamas

Absent: Reps. Bettie Scott and Switalski

Excused: Reps. Bettie Scott and Switalski

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Neumann, Chair, of the Committee on Senior Health, Security, and Retirement, was received and read:

Meeting held on: Wednesday, March 3, 2010

Present: Reps. Neumann, Slavens, Robert Jones, Lemmons, Ball, DeShazor, Moore and Tyler

Absent: Rep. Constan

Excused: Rep. Constan

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 3, 2010

Present: Reps. Lindberg, Kennedy, Kandrevas, Liss, Bettie Scott, Slezak, Young, Amash, Daley, Haveman and McMillin

Messages from the Senate

House Bill No. 4324, entitled

A bill to amend 1919 PA 339, entitled “Dog law of 1919,” by amending section 6 (MCL 287.266), as amended by 2000 PA 438.

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.

Senate Bill No. 619, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 1994 PA 34.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Senate Bill No. 692, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 931a.

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. 693, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 931 (MCL 168.931), as amended by 1996 PA 583.

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. 694, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 519 (MCL 168.519).

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. 695, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as added by 2002 PA 31.

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. 757, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278b (MCL 380.1278b), as amended by 2009 PA 204.

The Senate has passed the bill.

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

Senate Bill No. 999, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 932d.

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. 1013, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 40110a, 43528a, and 43540d; and to repeal acts and parts of acts.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Senate Bill No. 1172, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17231.

The Senate has passed the bill.

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

Notices

March 2, 2010

Mr. Richard J. Brown, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

I hereby create the Subcommittee on Natural Resources and Environment to replace the Subcommittee on Natural Resources and the Subcommittee on Environmental Quality of the Standing Committee on Appropriations for the 2009‑2010 Legislative Session and appoint the following Members of the 95th Legislature to the subcommittee:

Natural Resources and Environment:

Reps. Lahti (C), Bennett, (Maj. VC), Espinoza, Spade, Booher (Min. VC), Rogers.

Sincerely,

George Cushingberry, Chair

Appropriations Committee

March 3, 2010

Mr. Richard J. Brown, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

I hereby remove the Subcommittee on History, Arts & Libraries of the Standing Committee on Appropriations for the 2009-2010 Legislative Session.

Sincerely,

George Cushingberry, Chair

Appropriations Committee

Communications from State Officers

The following communication from the Department of Energy, Labor and Economic Growth was received and read:

February 24, 2010

In accordance with Section 8 of the Michigan Employment Security Act, being Section 421.8 of the Michigan Compiled Laws, the Unemployment Insurance Agency is required to report annually to the Governor and the Legislature any amount, in excess of $1.00, that the maximum weekly unemployment benefit rate would increase if the annual increase in the United States Department of Labor’s Consumer Price Index (CPI) were applied to the maximum weekly benefit rate.

I am therefore transmitting to the Governor, and to the House and Senate for publication along with this letter in the Journals of their respective bodies, the enclosed report showing that since the last increase in the maximum weekly benefit rate to $362.00, the increase in the CPI would result in an increase in the maximum weekly unemployment benefit rate to $430.38.

Respectfully submitted,

Stephen M. Geskey, Director

Unemployment Insurance Agency

The communication was referred to the Clerk.

Introduction of Bills

Rep. Calley introduced

House Bill No. 5918, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending section 3 (MCL 432.103), as amended by 2009 PA 41.

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

Reps. McMillin, Stamas, Meekhof, Kowall, Amash, Haveman, Crawford, Horn, Calley, Bolger, Lori, Lund, Walsh, Agema, Marleau, Denby, Moss, Meltzer and Proos introduced

House Bill No. 5919, entitled

A bill to require certain state departments to create and implement health savings account options for state employees; and to provide for the powers and duties of certain state officers and entities.

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

Reps. Switalski and Lisa Brown introduced

House Bill No. 5920, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2006 PA 259.

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

Reps. Lipton, Clemente, Robert Jones, Geiss, Segal, Scripps, Stanley, Durhal, Cushingberry and Leland introduced

House Bill No. 5921, 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.

______

Rep. Slavens moved that the House adjourn.

The motion prevailed, the time being 3:50 p.m.

Associate Speaker Pro Tempore Espinoza declared the House adjourned until Thursday, March 4, at 12:00 Noon.

RICHARD J. BROWN

Clerk of the House of Representatives

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