No. 26
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2010
House Chamber, Lansing, Tuesday, March 16, 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.—e/d/s
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—e/d/s Jones, Rick—present Nathan—present Tyler—present
Daley—present Jones, Robert—present Nerat—present Valentine—excused
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. Fred Durhal Jr., from the 6th District, offered the following invocation:
“Precious Lord, thank You for allowing us to gather here together again today, to be able to set policy and set direction for the state of Michigan. As we deliberate, Lord, let us make sure that we keep in mind those who are the least fortunate of us, keep in mind the babies, keep in mind the senior citizens. Lord, bless our troops who are fighting for us in lands other then this one. Make sure, Lord, that each and every member of this House of Representatives and our whole Legislature remembers that we have the public trust, that the Lord trusts us and that the people trust us to do His work. We ask, Lord, for the continued blessings and as everyone leaves here today that You keep them from hurt, harm and danger and that You accompany them safely to their places. We ask this in Jesus’ name, Amen.”
______
Rep. Melton moved that Rep. Valentine be excused from today’s session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5550, entitled
A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 611 (MCL 141.2611), as amended by 2002 PA 500.
The bill was read a second time.
Rep. Mayes moved to amend the bill as follows:
1. Amend page 1, line 2, after “(2)” by striking out “OR (3)”.
2. Amend page 2, line 21, by striking out all of subsection (3) and inserting:
“(E) A MUNICIPALITY MAY ISSUE A REFUNDING SECURITY TO REFUND ALL OR ANY PART OF ITS OUTSTANDING SECURITIES BEFORE DECEMBER 31, 2012 IF THOSE SECURITIES ARE NOT SECURED BY THE UNLIMITED FULL FAITH AND CREDIT PLEDGE OF THE MUNICIPALITY AND THE REFUNDING IS APPROVED BY THE DEPARTMENT. THE DEPARTMENT SHALL NOT UNREASONABLY WITHHOLD APPROVAL. THE DEPARTMENT SHALL HAVE 60 DAYS FROM THE DATE IT RECEIVES A COMPLETED REQUEST TO ISSUE A REFUNDING SECURITY PURSUANT TO THIS SUBDIVISION TO APPROVE OR DENY THE REQUEST. IF THE DEPARTMENT FAILS TO APPROVE OR DENY THE REQUEST WITHIN 60 DAYS OF RECEIVING THE COMPLETED REQUEST, THE MUNICIPALITY’S REQUEST IS DEEMED APPROVED BY THE DEPARTMENT. IF THE DEPARTMENT DENIES THE REQUEST, IT SHALL ADVISE THE MUNICIPALITY IN WRITING OF THE REASONS FOR THE DENIAL.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Mayes moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Melton 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. 5550, entitled
A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 611 (MCL 141.2611), as amended by 2002 PA 500.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 73 Yeas—98
Angerer Ebli Kurtz Proos
Ball Elsenheimer Lahti Roberts
Barnett Espinoza LeBlanc Rocca
Bauer Geiss Leland Rogers
Bennett Gonzales Lemmons Schmidt, R.
Bledsoe Green Lindberg Schmidt, W.
Booher Gregory Lipton Schuitmaker
Brown, L. Griffin Liss Scott, P.
Brown, T. Haase Lori Scripps
Byrnes Haines Marleau Segal
Byrum Hammel Mayes Sheltrown
Calley Hansen McDowell Slavens
Caul Haugh Meadows Slezak
Clemente Haveman Meekhof Smith
Constan Hildenbrand Melton Spade
Corriveau Horn Miller Stamas
Coulouris Huckleberry Moore Stanley
Crawford Jackson Moss Switalski
Daley Johnson Nathan Tlaib
Dean Jones, Rick Nerat Tyler
Denby Jones, Robert Neumann Walsh
DeShazor Kandrevas Pavlov Warren
Dillon Kennedy Pearce Womack
Donigan Knollenberg Polidori Young
Durhal Kowall
Nays—8
Agema Bolger Lund Meltzer
Amash Genetski McMillin Opsommer
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Melton 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. 5551, entitled
A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 305 (MCL 141.2305).
The bill was read a second time.
Rep. Moore moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Melton 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. 5551, entitled
A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 305 (MCL 141.2305).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 74 Yeas—100
Agema Durhal Kowall Polidori
Angerer Ebli Kurtz Proos
Ball Elsenheimer Lahti Roberts
Barnett Espinoza LeBlanc Rocca
Bauer Geiss Leland Rogers
Bennett Gonzales Lemmons Schmidt, R.
Bledsoe Green Lindberg Schmidt, W.
Booher Gregory Lipton Schuitmaker
Brown, L. Griffin Liss Scott, P.
Brown, T. Haase Lori Scripps
Byrnes Haines Marleau Segal
Byrum Hammel Mayes Sheltrown
Calley Hansen McDowell Slavens
Caul Haugh Meadows Slezak
Clemente Haveman Meekhof Smith
Constan Hildenbrand Melton Spade
Corriveau Horn Miller Stamas
Coulouris Huckleberry Moore Stanley
Crawford Jackson Moss Switalski
Daley Johnson Nathan Tlaib
Dean Jones, Rick Nerat Tyler
Denby Jones, Robert Neumann Walsh
DeShazor Kandrevas Opsommer Warren
Dillon Kennedy Pavlov Womack
Donigan Knollenberg Pearce Young
Nays—6
Amash Genetski McMillin Meltzer
Bolger Lund
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Melton 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. 5552, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 1 (MCL 125.1651), as amended by 2008 PA 225.
The bill was read a second time.
Rep. Mayes moved to amend the bill as follows:
1. Amend page 11, line 16, after “(iii)” by striking out the balance of the subparagraph and inserting “THE REFUNDING OBLIGATION IS ISSUED TO REFUND AN OTHER PROTECTED OBLIGATION OR AN ELIGIBLE OBLIGATION AND THAT REFUNDING OBLIGATION IS ISSUED BEFORE DECEMBER 31, 2012. A REFUNDING OBLIGATION ISSUED UNDER THIS SUBPARAGRAPH IS A QUALIFIED REFUNDING OBLIGATION ONLY TO THE EXTENT OF THE PRINCIPAL AND INTEREST OUTSTANDING ON THE OBLIGATION BEING REFUNDED AT THE TIME THE REFUNDING OBLIGATION IS ISSUED.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Hammel moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Melton moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Bettie Scott entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5552, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 1 (MCL 125.1651), as amended by 2008 PA 225.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 75 Yeas—99
Angerer Ebli Kurtz Roberts
Ball Elsenheimer Lahti Rocca
Barnett Espinoza LeBlanc Rogers
Bauer Geiss Leland Schmidt, R.
Bennett Gonzales Lemmons Schmidt, W.
Bledsoe Green Lindberg Schuitmaker
Booher Gregory Lipton Scott, B.
Brown, L. Griffin Liss Scott, P.
Brown, T. Haase Lori Scripps
Byrnes Haines Marleau Segal
Byrum Hammel Mayes Sheltrown
Calley Hansen McDowell Slavens
Caul Haugh Meadows Slezak
Clemente Haveman Meekhof Smith
Constan Hildenbrand Melton Spade
Corriveau Horn Miller Stamas
Coulouris Huckleberry Moore Stanley
Crawford Jackson Moss Switalski
Daley Johnson Nathan Tlaib
Dean Jones, Rick Nerat Tyler
Denby Jones, Robert Neumann Walsh
DeShazor Kandrevas Pavlov Warren
Dillon Kennedy Pearce Womack
Donigan Knollenberg Polidori Young
Durhal Kowall Proos
Nays—8
Agema Bolger Lund Meltzer
Amash Genetski McMillin Opsommer
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Melton 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. 5553, entitled
A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 1 (MCL 125.1801), as amended by 2008 PA 453.
The bill was read a second time.
Rep. Mayes moved to amend the bill as follows:
1. Amend page 11, line 3, after “2012.” by inserting “A REFUNDING OBLIGATION ISSUED UNDER THIS SUBPARAGRAPH IS A QUALIFIED REFUNDING OBLIGATION ONLY TO THE EXTENT OF THE PRINCIPAL AND INTEREST OUTSTANDING ON THE OBLIGATION BEING REFUNDED AT THE TIME THE REFUNDING OBLIGATION IS ISSUED.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Melton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Melton 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. 5553, entitled
A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 1 (MCL 125.1801), as amended by 2008 PA 453.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 76 Yeas—99
Angerer Ebli Kurtz Roberts
Ball Elsenheimer Lahti Rocca
Barnett Espinoza LeBlanc Rogers
Bauer Geiss Leland Schmidt, R.
Bennett Gonzales Lemmons Schmidt, W.
Bledsoe Green Lindberg Schuitmaker
Booher Gregory Lipton Scott, B.
Brown, L. Griffin Liss Scott, P.
Brown, T. Haase Lori Scripps
Byrnes Haines Marleau Segal
Byrum Hammel Mayes Sheltrown
Calley Hansen McDowell Slavens
Caul Haugh Meadows Slezak
Clemente Haveman Meekhof Smith
Constan Hildenbrand Melton Spade
Corriveau Horn Miller Stamas
Coulouris Huckleberry Moore Stanley
Crawford Jackson Moss Switalski
Daley Johnson Nathan Tlaib
Dean Jones, Rick Nerat Tyler
Denby Jones, Robert Neumann Walsh
DeShazor Kandrevas Pavlov Warren
Dillon Kennedy Pearce Womack
Donigan Knollenberg Polidori Young
Durhal Kowall Proos
Nays—8
Agema Bolger Lund Meltzer
Amash Genetski McMillin Opsommer
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Melton 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. 5554, entitled
A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 2 (MCL 125.2152), as amended by 2007 PA 200.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Mayes moved to amend the bill as follows:
1. Amend page 14, line 8, after “2012.” by inserting “A REFUNDING OBLIGATION ISSUED UNDER THIS SUBPARAGRAPH IS A QUALIFIED REFUNDING OBLIGATION ONLY TO THE EXTENT OF THE PRINCIPAL AND INTEREST OUTSTANDING ON THE OBLIGATION BEING REFUNDED AT THE TIME THE REFUNDING OBLIGATION IS ISSUED.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Byrum moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Melton 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. 5554, entitled
A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 2 (MCL 125.2152), as amended by 2007 PA 200.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 77 Yeas—99
Angerer Ebli Kurtz Roberts
Ball Elsenheimer Lahti Rocca
Barnett Espinoza LeBlanc Rogers
Bauer Geiss Leland Schmidt, R.
Bennett Gonzales Lemmons Schmidt, W.
Bledsoe Green Lindberg Schuitmaker
Booher Gregory Lipton Scott, B.
Brown, L. Griffin Liss Scott, P.
Brown, T. Haase Lori Scripps
Byrnes Haines Marleau Segal
Byrum Hammel Mayes Sheltrown
Calley Hansen McDowell Slavens
Caul Haugh Meadows Slezak
Clemente Haveman Meekhof Smith
Constan Hildenbrand Melton Spade
Corriveau Horn Miller Stamas
Coulouris Huckleberry Moore Stanley
Crawford Jackson Moss Switalski
Daley Johnson Nathan Tlaib
Dean Jones, Rick Nerat Tyler
Denby Jones, Robert Neumann Walsh
DeShazor Kandrevas Pavlov Warren
Dillon Kennedy Pearce Womack
Donigan Knollenberg Polidori Young
Durhal Kowall Proos
Nays—8
Agema Bolger Lund Meltzer
Amash Genetski McMillin Opsommer
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Melton moved to amend the title to read as follows:
A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 2 (MCL 125.2152), as amended by 2009 PA 162.
The motion prevailed.
The House agreed to the title as amended.
Rep. Melton 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. 5937, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 27a (MCL 205.27a), as amended by 2003 PA 23.
The bill was read a second time.
Rep. Kandrevas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Melton 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. 5937, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 27a (MCL 205.27a), as amended by 2003 PA 23.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 78 Yeas—107
Agema Durhal Kurtz Polidori
Amash Ebli Lahti Proos
Angerer Elsenheimer LeBlanc Roberts
Ball Espinoza Leland Rocca
Barnett Geiss Lemmons Rogers
Bauer Genetski Lindberg Schmidt, R.
Bennett Gonzales Lipton Schmidt, W.
Bledsoe Green 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
Daley Jones, Rick Nathan Tyler
Dean Jones, Robert Nerat Walsh
Denby Kandrevas Neumann Warren
DeShazor Kennedy Opsommer Womack
Dillon Knollenberg Pavlov Young
Donigan Kowall Pearce
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Melton moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Melton moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
______
Rep. Cushingberry entered the House Chambers.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Agema, Sheltrown, LeBlanc, Pavlov, Lahti, Crawford, Kurtz, McMillin, Daley, Stamas, Hansen, Elsenheimer, Meekhof, Green, Rogers, Horn, Walsh, Meltzer, Denby, Bolger, Tyler, Lori, Calley, Booher, Rick Jones, Wayne Schmidt, Bennett, Lemmons, Leland, Pearce, Opsommer, Amash, Moss, Genetski, Haveman, Hildenbrand, Lund, Knollenberg, Haines, Marleau, Paul Scott, Proos, Terry Brown, Mayes, DeShazor, Schuitmaker, Caul, Kowall, Ball, Moore, Rocca, Dean, Durhal, Tlaib, Young, Gregory, Johnson, Bettie Scott, Geiss and Cushingberry offered the following concurrent resolution:
House Concurrent Resolution No. 45.
A concurrent resolution to memorialize Congress to adopt and present to the states for ratification an amendment to the Constitution of the United States to establish fundamental parental rights.
Whereas, The rights of parents to direct the upbringing and education of their children is a fundamental right that must be protected by the Constitution of the United States and the Michigan Constitution; and
Whereas, Our nation has historically relied first and foremost on parents to meet the real and constant needs of children; and
Whereas, The interests of children are best served when parents are free to make childrearing decisions about education, religion, and other areas of a child’s life without state interference; and
Whereas, The United States Supreme Court in Wisconsin v. Yoder (1972) has held that “This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition”; and
Whereas, However, the United States Supreme Court in Troxel v. Granville (2000) produced 6 different opinions on the nature and enforceability of parental rights under the Constitution of the United States; and
Whereas, This decision has created confusion and ambiguity about the fundamental nature of parental rights in the laws and society of several states; and
Whereas, Senator James DeMint of South Carolina and Representative Peter Hoekstra of Michigan have introduced in the United States Congress a proposed amendment to the Constitution of the United States (Senate Joint Resolution 16 and House Joint Resolution 42) that would prevent erosion of the enduring American tradition of treating parental rights as fundamental rights:
Section One: The liberty of parents to direct the upbringing and education of their children is a fundamental right.
Section Two: Neither the United States nor any state shall infringe upon this right without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.
Section Three: No treaty may be adopted nor shall any source of international law be employed to supercede, modify, interpret, or apply to the rights guaranteed by this article.
; and
Whereas, This amendment will add explicit text to the Constitution of the United States to protect in perpetuity the rights of parents as they are now enjoyed, without substantive change to current state or federal laws respecting these rights; and
Whereas, Such enumeration of these rights in the text of our nation’s constitution will preserve them from being infringed upon by the shifting ideologies and interpretations of the United States Supreme Court; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize Congress to adopt and present to the states for ratification an amendment to the Constitution of the United States to establish fundamental parental rights; 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 Judiciary.
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 Friday, March 12:
House Bill Nos. 5949 5950 5951 5952 5953 5954
Senate Bill Nos. 1221 1223 1224 1225 1226 1227
The Clerk announced the enrollment printing and presentation to the Governor on Monday, March 15, for her approval of the following bills:
Enrolled House Bill No. 4172 at 1:53 p.m.
Enrolled House Bill No. 5621 at 1:55 p.m.
Enrolled House Bill No. 5645 at 1:57 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, March 16:
Senate Bill Nos. 1228 1229
The Clerk announced that the following Senate bills had been received on Tuesday, March 16:
Senate Bill Nos. 26 27 28
Reports of Standing Committees
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
Senate Bill No. 750, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7523, 7524, and 7524a (MCL 333.7523, 333.7524, and 333.7524a), section 7523 as amended by 2006 PA 130, section 7524 as amended by 2006 PA 558, and section 7524a as amended by 1994 PA 8.
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. Donigan, Barnett, Haugh, Robert Jones, Kennedy, Lund, Denby, Meekhof and Wayne Schmidt
Nays: None
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 16, 2010
Present: Reps. Donigan, Barnett, Haugh, Robert Jones, Kennedy, Lund, Denby, Meekhof and Wayne Schmidt
Absent: Reps. Bledsoe and Young
Excused: Reps. Bledsoe and Young
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
House Bill No. 5850, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 3206 and 3209 (MCL 700.3206 and 700.3209), section 3206 as amended by 2008 PA 41 and section 3209 as added by 2006 PA 299.
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. Polidori, Roberts, Byrnes, Liss, 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 Concurrent Resolution No. 17.
A concurrent resolution to urge Michigan’s public institutions of higher education to adopt veteran-friendly policies.
(For text of concurrent resolution, see House Journal No. 33 of 2009, p. 691.)
With the recommendation that the concurrent resolution be adopted.
Favorable Roll Call
To Report Out:
Yeas: Reps. Polidori, Roberts, Byrnes, 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 16, 2010
Present: Reps. Polidori, Roberts, Byrnes, Liss, Roy Schmidt, Rick Jones, Agema, Amash and Kurtz
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:
Meeting held on: Tuesday, March 16, 2010
Present: Reps. Sheltrown, Slezak, Huckleberry, LeBlanc, Lindberg, Stanley, Stamas, Bolger and Hansen
Absent: Reps. Ebli and Horn
Excused: Reps. Ebli and Horn
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Griffin, Chair, of the Committee on Oversight and Investigations, was received and read:
Meeting held on: Tuesday, March 16, 2010
Present: Reps. Griffin, Bledsoe, Angerer, Warren, Bolger and Horn
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meadows, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, March 16, 2010
Present: Reps. Meadows, Lipton, Constan, Corriveau, Coulouris, Kandrevas, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca
Absent: Reps. Lisa Brown and Bettie Scott
Excused: Reps. Lisa Brown and Bettie Scott
Messages from the Senate
Senate Bill No. 26, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17048 (MCL 333.17048), as amended by 1996 PA 355.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 27, entitled
A bill to amend 1962 PA 192, entitled “Professional service corporation act,” by amending sections 2 and 4 (MCL 450.222 and 450.224), section 2 as amended by 1998 PA 48 and section 4 as amended by 2000 PA 335.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 28, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending sections 902 and 904 (MCL 450.4902 and 450.4904), section 902 as amended by 1997 PA 52 and section 904 as amended by 2000 PA 333.
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
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Concurrent Resolution No. 42.
Rep. Hildenbrand
Messages from the Governor
Date: March 16, 2010
Time: 8:30 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5658 (Public Act No. 13, I.E.), being
An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 12431 (MCL 333.12431), as amended by 2005 PA 43.
(Filed with the Secretary of State March 16, 2010, at 9:50 a.m.)
Date: March 16, 2010
Time: 8:28 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5657 (Public Act No. 14, I.E.), being
An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 12412 (MCL 333.12412).
(Filed with the Secretary of State March 16, 2010, at 9:52 a.m.)
Introduction of Bills
Reps. Gregory, Haugh, Stanley, Tlaib, Young, LeBlanc, Womack and Leland introduced
House Bill No. 5955, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1205 (MCL 339.1205), as amended by 1997 PA 97.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Scripps, Tlaib, Robert Jones, Durhal, Gregory, Johnson, Angerer, Dean and Lisa Brown introduced
House Bill No. 5956, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 109k.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Announcements by the Clerk
March 10, 2010
Received from the Auditor General a copy of the following audit report and/or report summary:
Financial audit of the Michigan Legislative Retirement System (MLRS) for the period October 1, 2006 through September 30, 2008.
Richard J. Brown
Clerk of the House
March 10, 2010
Received from the Legislative Retirement System (LRS), information in regard to companies that the LRS may be required to divest from its pension fund due to their activities in Sudan and Iran, in accordance with Public Acts 232 and 233 of 2008, the Michigan Sudan and Iran divestiture laws.
Richard J. Brown
Clerk of the House
______
Rep. Bettie Scott moved that the House adjourn.
The motion prevailed, the time being 2:45 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, March 17, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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