No. 42

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Wednesday, May 5, 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—excused 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—excused Haugh—present Meadows—present Slezak—present

Caul—present Haveman—excused Meekhof—excused 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

Crawford—present Jackson—present Moore—present Switalski—present

Cushingberry—present Johnson—present Moss—present Tlaib—present

Daley—present Jones, Rick—present Nathan—present Tyler—present

Dean—present Jones, Robert—present Nerat—present Valentine—present

Denby—present Kandrevas—present Neumann—present Walsh—present

DeShazor—present Kennedy—present Opsommer—present Warren—present

Dillon—present Knollenberg—present Pavlov—present Womack—present

Donigan—present Kowall—present Pearce—present Young—present

e/d/s = entered during session

Rep. Jim Stamas, from the 98th District, offered the following invocation:

“Dear Lord;

We ask that You be with us this day, grant us guidance as we gather to represent the people of Michigan. Let our actions please You. That as leaders we are just and glorify You Lord. We ask that You help those who may call Your name and for all our service men and women that serve this great state and nation.

We ask that as You open Your gates this day for Mr. Harwell that each leader may draw from his example of values, honesty and love for You Lord. We give thanks to You for sharing a man of God who did not lead by one defining example of how to live life but of a life that defines an example of how to live.

We give thanks in Your Holy name, Amen.”

______

Rep. Wayne Schmidt moved that Reps. Calley, Genetski, Haveman and Meekhof be excused from today’s session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 239.

A resolution to urge the President of the United States to ensure that recreational fishing and boating are national priorities in the Interagency Ocean Policy Task Force’s final report and to recognize the primacy of state management in the Great Lakes region.

(For text of resolution, see House Journal No. 30, p. 404.)

(The resolution was reported by the Committee on Tourism, Outdoor Recreation and Natural Resources on April 27.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Concurrent Resolution No. 47.

A concurrent resolution to urge the President of the United States to ensure that recreational fishing and boating are national priorities in the Interagency Ocean Policy Task Force’s final report and to recognize the primacy of state management in the Great Lakes region.

(For text of concurrent resolution, see House Journal No. 30, p. 405.)

(The concurrent resolution was reported by the Committee on Tourism, Outdoor Recreation and Natural Resources on April 27.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Second Reading of Bills

Senate Bill No. 484, entitled

A bill to amend 1982 PA 204, entitled “Deaf persons’ interpreters act,” (MCL 393.501 to 393.509) by adding section 8f.

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

The substitute (H-1) 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.

______

Rep. Melton moved that Rep. Meadows be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 484, entitled

A bill to amend 1982 PA 204, entitled “Deaf persons’ interpreters act,” (MCL 393.501 to 393.509) by adding section 8f.

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

Roll Call No. 173 Yeas—103

Agema Durhal Lahti Roberts

Amash Ebli LeBlanc Rocca

Angerer Elsenheimer Leland Rogers

Ball Espinoza Lemmons Schmidt, R.

Barnett Geiss Lindberg Schmidt, W.

Bauer Gonzales Lipton Schuitmaker

Bennett Green Liss Scott, B.

Bledsoe Gregory Lori Scott, P.

Bolger Griffin Lund Scripps

Booher Haase Marleau Segal

Brown, L. Haines Mayes Sheltrown

Brown, T. Hammel McDowell Slavens

Byrnes Hansen McMillin Slezak

Byrum Haugh Melton Smith

Caul Hildenbrand Meltzer Spade

Clemente Horn Miller Stamas

Constan Huckleberry Moore Stanley

Corriveau Jackson Moss Switalski

Crawford Johnson Nathan Tlaib

Cushingberry Jones, Rick Nerat Tyler

Daley Jones, Robert Neumann Valentine

Dean Kandrevas Opsommer Walsh

Denby Kennedy Pavlov Warren

DeShazor Knollenberg Pearce Womack

Dillon Kowall Polidori Young

Donigan Kurtz Proos

Nays—0

In The Chair: Byrnes

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

“An act to provide for and regulate the use of interpreters in administrative and judicial proceedings and in certain other instances; to establish standards for interpreters; to provide compensation for interpreters; to prescribe the powers and duties of certain state departments and agencies; to prescribe penalties for the violation of the provisions of this act; and to provide for the promulgation of rules,”

The House agreed to the full title.

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. 5242, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 74b.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families and Children’s Services,

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

Rep. Byrnes 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. 5242, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 74b.

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

Roll Call No. 174 Yeas—65

Angerer Durhal Lahti Schmidt, R.

Ball Ebli LeBlanc Scott, B.

Barnett Espinoza Leland Scripps

Bauer Geiss Lemmons Segal

Bennett Gonzales Lindberg Sheltrown

Bledsoe Gregory Lipton Slavens

Brown, L. Griffin Liss Slezak

Brown, T. Haase Mayes Smith

Byrnes Hammel McDowell Spade

Byrum Haugh Melton Stanley

Clemente Huckleberry Miller Switalski

Constan Jackson Nathan Tlaib

Corriveau Johnson Nerat Valentine

Cushingberry Jones, Robert Neumann Warren

Dean Kandrevas Polidori Womack

Dillon Kennedy Roberts Young

Donigan

Nays—38

Agema Green Lund Proos

Amash Haines Marleau Rocca

Bolger Hansen McMillin Rogers

Booher Hildenbrand Meltzer Schmidt, W.

Caul Horn Moore Schuitmaker

Crawford Jones, Rick Moss Scott, P.

Daley Knollenberg Opsommer Stamas

Denby Kowall Pavlov Tyler

DeShazor Kurtz Pearce Walsh

Elsenheimer Lori

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. 5243, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 74c.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families and Children’s Services,

The substitute (H-1) 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. 5243, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 74c.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Melton moved that consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Lisa Brown, Lipton, Ball, Barnett, Terry Brown, Byrnes, Constan, Crawford, Daley, Ebli, Gonzales, Haase, Hildenbrand, Horn, Robert Jones, Kowall, LeBlanc, Liss, Lori, Lund, Mayes, Neumann, Pearce, Polidori, Proos, Roberts, Rogers, Scripps, Segal, Sheltrown, Smith, Stanley, Switalski, Tyler, Valentine and Warren offered the following resolution:

House Resolution No. 275.

A resolution to declare the week of May 3 through May 7, 2010, as Teacher Appreciation Week in the state of Michigan.

Whereas, A strong, effective system of free public school education for all children and youth is essential to our democratic system of government; and

Whereas, The United States of America and the state of Michigan have made considerable progress in the social, technological and scientific fields due to our system of free and universal public education; and

Whereas, Much of this progress can be attributed to the qualified and dedicated teachers entrusted with the educational development of our children; and

Whereas, Teachers should be accorded high esteem, reflecting the value our community places on public education; and

Whereas, The importance and impact of teachers on children is known nationwide; and

Whereas, It is appropriate that teachers be recognized for their dedication and commitment to educating their students; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare the week of May 3 through May 7, 2010, as Teacher Appreciation Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Warren, Ball, Barnett, Lisa Brown, Terry Brown, Byrnes, Constan, Gonzales, Hildenbrand, Robert Jones, Kowall, LeBlanc, Liss, Lund, Mayes, Neumann, Pearce, Polidori, Proos, Roberts, Rogers, Scripps, Segal, Smith, Stanley, Switalski and Valentine offered the following resolution:

House Resolution No. 276.

A resolution to declare May 2010 as Postpartum Depression Awareness Month in the state of Michigan.

Whereas, PPD which is also known as Perinatal Mood Disorder or PMD, affects nearly 20% of families who have infants, and many more cases go unreported or undiagnosed. It affects primarily birth mothers, but it can also afflict fathers, grandparents, and adoptive parents. PPD can develop immediately after the baby is born and up to 18 months after, but can also appear during pregnancy and the adoption process. Over 2,500 women and their families are affected by PPD each year in the state of Michigan; and

Whereas, PPD/PMD is an umbrella term used to describe a whole category of Postpartum Mood Disorders, including: Postpartum Depression, Postpartum Panic/Anxiety Disorder, Postpartum OCD, Postpartum Post-traumatic Stress Disorder, and Postpartum Psychosis. The symptoms of PPD/PMD vary from person to person but can include anxiety, feeling overwhelmed, guilt, irritability, anger, rage, difficulty sleeping or sleeping too much, changes in appetite, difficulty concentrating or making simple decisions, extreme worry, panic, hopelessness, feeling disconnected from one’s baby, frightening or intrusive thoughts, inability to function in daily life, wanting to run away or escape, irrational thoughts, and thoughts of harm to self or baby, and

Whereas, Education is the best tool to fight PPD/PMD, and raising awareness among new parents, educating the public, and reaching out to health practitioners can increase the rate at which afflicted mothers get help. Some medical professionals erroneously dismiss patients’ concerns, telling them that they are just tired, stressed, need a break, or that “it is all in their head”. A simple screening tool already in use nationwide, the Edinburgh Postnatal Depression Scale, can be used by families and professionals to assess a parent with PPD/PMD. In New Jersey, a recent PPD awareness campaign was titled “Speak up when you are down.” Encouraging women and families to push for the help and support they need will result in a reduced incidence and severity of PPD; and

Whereas, Media reports have publicized the most severe cases, known as postpartum psychosis, and caused many women with PPD to fear coming forward and asking for help, imagining they will be judged or have their children taken away. The shame and guilt that goes along with PPD lead many to suffer in silence; and

Whereas, Much is unknown about the causes of PPD/PMD. Contributing factors can include a lack of social and emotional support, a difficult pregnancy or delivery, family history of depression or anxiety, biochemical and hormonal imbalance, major life changes (lost job, moving, financial hardship) and in some cases, the death of a baby. Additionally, many families in Michigan are dealing with multiple stressors in this difficult economic time, and extended families are just not able to help like they once were.; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 2010 as Postpartum Depression Awareness Month in the state of Michigan. We encourage all 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. McMillin, Daley, Horn, Kowall, Lund and Proos offered the following resolution:

House Resolution No. 277.

A resolution to urge the Governor to expedite Michigan’s withdrawal from the Midwestern Greenhouse Gas Reduction Accord.

Whereas, Signatory states in the Midwestern Greenhouse Gas Reduction Accord agree to establish greenhouse gas reduction targets and timeframes. Reducing greenhouse gas emissions generally requires putting limits on carbon dioxide, which is produced from most energy production and industrial processes. Carbon dioxide cap-and-trade policies appear to be the favored approach for the Midwestern Greenhouse Gas Reduction Accord; and

Whereas, There has been no credible economic analysis of the costs associated with carbon dioxide reduction mandates and the consequential effect of the increasing costs of doing business in the state of Michigan; and

Whereas, Forcing business, industry, and food producers to reduce carbon dioxide emissions through government mandates and cap-and-trade policies under consideration for the Midwestern Greenhouse Gas Reduction Accord will increase the cost of doing business, push companies to do business with other states or nations, and increase consumer costs for electricity, fuel, and food; and

Whereas, The Congressional Budget Office warns that the cost of cap-and-trade policies will be borne by consumers and will place a disproportionately high burden on poorer families; and

Whereas, Simply reducing carbon dioxide emissions in the state of Michigan will not have a significant impact on global greenhouse gas reduction, especially while countries like China, Russia, Mexico, and India emit an ever-increasing amount of carbon dioxide into the atmosphere; and

Whereas, A tremendous amount of economic growth would be sacrificed for a reduction in carbon dioxide emissions that would have no appreciable impact on global concentrations of the gas; and

Whereas, No state or nation has enhanced economic opportunities for its citizens or increased gross domestic product through cap-and-trade or other carbon dioxide reduction policies; and

Whereas, Europe’s cap and trade system has been undermined by political favoritism and accounting tricks and has failed to achieve its carbon dioxide reduction targets; now, therefore, be it

Resolved by the House of Representatives, That we urge the Governor to expedite Michigan’s withdrawal from the Midwestern Greenhouse Gas Reduction Accord; and be it further

Resolved, That copies of this resolution be transmitted to the Governor of Michigan.

The resolution was referred to the Committee on Great Lakes and Environment.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 278.

A resolution of tribute offered as a memorial for Ernie Harwell, former radio and television broadcaster for the Detroit Tigers.

Whereas, Members and staff of the Michigan Legislature join baseball fans and the citizens of Michigan who were saddened to learn of the passing of Ernie Harwell, who called Tigers games for 42 seasons making a distinctive mark on all who listened to his legendary play-by-play announcing on the radio every summer. As we express our gratitude for his authoritative and artful broadcasts, we also extend our sincere condolences to his family; and

Whereas, A native of Georgia, Ernie Harwell began his career as the lone sportscaster for a local station, WSB. In 1942, he enlisted in the Marines and honorably served his country during World War II. He restarted his broadcasting career on Opening Day in 1946 as a play-by-play announcer for the Atlanta Crackers and moved into the majors with the Brooklyn Dodgers in 1948; and

Whereas, Ernie Harwell joined the Tigers broadcast team in 1960 and filled the airwaves with his distinctive voice and insight until his retirement in 2002. In 1989, Mr. Harwell was inducted into the National Sportscasters and Sportswriters Association Hall of Fame. He came to love his adopted state of Michigan and the Detroit Tigers; and

Whereas, Ernie Harwell said:

It’s time to say goodbye, but I think goodbyes are sad and I’d much rather say hello. Hello to a new adventure… …And rather than goodbye, please allow me to say thank you. Thank you for letting me be a part of your family. Thank you for taking me with you to that cottage up north, to the beach, the picnic, your work place and your backyard. Thank you for sneaking your transistor under the pillow as you grew up loving the Tigers. Now, I might have been a small part of your life. But you’ve been a very large part of mine. And it’s my privilege and honor to share with you the greatest game of all.

We thank him for letting us be a part of every game and providing wonderful entertainment many summer afternoons and evenings. It was our privilege to listen. We are grateful for the positive impact he had on our state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body offer this expression of our highest tribute to honor the memory of Ernie Harwell; and be it further

Resolved, That copies of this resolution be transmitted to the Harwell family as evidence of our lasting esteem for his memory.

The question being on the adoption of the resolution,

The resolution was adopted.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, May 5, for her approval of the following bills:

Enrolled House Bill No. 5698 at 10:34 a.m.

Enrolled House Bill No. 5555 at 10:36 a.m.

Enrolled House Bill No. 5495 at 10:38 a.m.

Enrolled House Bill No. 5095 at 10:40 a.m.

Enrolled House Bill No. 5094 at 10:42 a.m.

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Wednesday, May 5:

House Bill Nos. 6102 6103 6104 6105 6106 6107 6108 6109 6110 6111 6112 6113 6114 6115

6116 6117 6118 6119 6120 6121 6122 6123 6124 6125 6126 6127 6128

House Joint Resolution EEE

Senate Bill Nos. 1315 1316

Senate Joint Resolution XX

Reports of Standing Committees

The Committee on Ethics and Elections, by Rep. Haase, Vice-Chair, reported

House Bill No. 6031, entitled

A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 18a of chapter XIV (MCL 74.18a), as amended by 2003 PA 305.

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. Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer, Kurtz and Pearce

Nays: None

The Committee on Ethics and Elections, by Rep. Haase, Vice-Chair, reported

House Bill No. 6032, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 21, 37, and 57 (MCL 389.21, 389.37, and 389.57), as amended by 2003 PA 306.

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. Haase, Lisa Brown, Scripps, Slavens, Meltzer, Kurtz and Pearce

Nays: None

The Committee on Ethics and Elections, by Rep. Haase, Vice-Chair, reported

House Bill No. 6033, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 24a, 30g, 307, 308, 323, 347, 355, 360, 426c, 426f, 426l, 792, 806, 809, 822, 823, 826, 866, 867, and 868 (MCL 168.24a, 168.30g, 168.307, 168.308, 168.323, 168.347, 168.355, 168.360, 168.426c, 168.426f, 168.426l, 168.792, 168.806, 168.809, 168.822, 168.823, 168.826, 168.866, 168.867, and 168.868), section 24a as amended by 1982 PA 154, sections 307 and 308 as added by 2003 PA 302, section 426f as amended by 1990 PA 32, sections 809 and 868 as amended by 1995 PA 261, section 826 as amended by 2003 PA 119, and section 867 as amended by 1980 PA 200; and to repeal acts and parts of acts.

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. Haase, Lisa Brown, Scripps, Slavens, Meltzer, Kurtz and Pearce

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Haase, Vice-Chair, of the Committee on Ethics and Elections, was received and read:

Meeting held on: Wednesday, May 5, 2010

Present: Reps. Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer, Kurtz and Pearce

Absent: Rep. Angerer

Excused: Rep. Angerer

The Committee on Families and Children’s Services, by Rep. Valentine, Chair, reported

Senate Bill No. 723, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 11 (MCL 722.121), as amended by 1980 PA 232, and by adding section 3g.

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. Valentine, Womack, Liss, Neumann, Slavens, Kurtz and Moore

Nays: None

The Committee on Families and Children’s Services, by Rep. Valentine, Chair, reported

Senate Bill No. 724, entitled

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. Valentine, Womack, Liss, Neumann, Slavens, Kurtz, McMillin and Moore

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Valentine, Chair, of the Committee on Families and Children’s Services, was received and read:

Meeting held on: Wednesday, May 5, 2010

Present: Reps. Valentine, Womack, Liss, Neumann, Slavens, Kurtz, McMillin and Moore

Absent: Rep. Pavlov

Excused: Rep. Pavlov

The Committee on Commerce, by Rep. Robert Jones, Chair, reported

Senate Bill No. 1135, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 8d (MCL 125.2688d), as amended by 2008 PA 495.

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. Robert Jones, Barnett, Byrum, Clemente, Haugh, Huckleberry, Lemmons, Nathan, Nerat, Roy Schmidt, Sheltrown, Womack, DeShazor, Knollenberg, Meltzer, Opsommer and Walsh

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Robert Jones, Chair, of the Committee on Commerce, was received and read:

Meeting held on: Wednesday, May 5, 2010

Present: Reps. Robert Jones, Barnett, Byrum, Clemente, Haugh, Huckleberry, Lemmons, Nathan, Nerat, Roy Schmidt, Sheltrown, Womack, DeShazor, Knollenberg, Meltzer, Opsommer and Walsh

Absent: Reps. Hansen and Meekhof

Excused: Reps. Hansen and Meekhof

The Committee on Tax Policy, by Rep. Ebli, Chair, reported

Senate Bill No. 198, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4o (MCL 205.94o), as amended by 2004 PA 172.

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. Ebli, Melton, Barnett, Robert Jones, Kandrevas, Lipton, Mayes, Meadows, Slezak, Warren, Kowall, Lund, Meltzer, Stamas and Walsh

Nays: None

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, May 5, 2010

Present: Reps. Ebli, Melton, Barnett, Robert Jones, Kandrevas, Lipton, Mayes, Meadows, Slezak, Warren, Kowall, Lund, Meltzer, Stamas and Walsh

Absent: Reps. Calley and Meekhof

Excused: Rep. Meekhof

The Committee on Labor, by Rep. Lindberg, Chair, reported

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.

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. Lindberg, Kennedy, Kandrevas, Liss, Bettie Scott, Slezak, Young, Amash, Daley and McMillin

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 5, 2010

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

Absent: Rep. Haveman

Excused: Rep. Haveman

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

House Bill No. 5999, entitled

A bill to revise, consolidate, and codify the laws relating to fireworks; to regulate the purchase, possession, sale, and use of fireworks; to establish a fireworks safety fund; to establish a fireworks safety fee; to provide for the transfer and expenditure of funds; to prescribe the powers and duties of certain state agencies; to provide for penalties and remedies; and to repeal acts and parts of acts.

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. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Booher, Lori and Proos

Nays: Reps. Caul and Haines

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

House Bill No. 6000, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2008 PA 538.

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. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Green, Hildenbrand, Lori, Proos and Rogers

Nays: Reps. Caul and Haines

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

Senate Concurrent Resolution No. 19.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Control of Saginaw Valley State University relative to the Saginaw Valley State University Health Sciences Facility.

(For text of concurrent resolution, see House Journal No. 6, p. 66.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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, May 5, 2010

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

Absent: Reps. Jackson and Genetski

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, May 5, 2010

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

Absent: Reps. Griffin and Leland

Excused: Reps. Griffin and Leland

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 5, 2010

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

Absent: Rep. Haveman

Excused: Rep. Haveman

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, May 5, 2010

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 5, 2010

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

Absent: Reps. Griffin and Hansen

Excused: Reps. Griffin and Hansen

Messages from the Senate

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,” by amending section 1 (MCL 433.11) and by adding section 4a; and to repeal acts and parts of acts.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

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 the title and sections 1, 2, 3, 4, 5, 6, 7, 9, 10, and 11 (MCL 322.581, 322.582, 322.583, 322.584, 322.585, 322.586, 322.587, 322.589, 322.590, and 322.591) and by adding section 12.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Transportation from further consideration of House Joint Resolution Y.

Rep. Opsommer

Introduction of Bills

Rep. Roy Schmidt introduced

House Bill No. 6129, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 15a (MCL 125.2665a), as added by 2008 PA 154.

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

Reps. Johnson and Meekhof introduced

House Bill No. 6130, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 521a (MCL 436.1521a), as added by 2006 PA 501.

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

Reps. Rick Jones, Agema, DeShazor, Moss, Knollenberg, Lund, Proos, Pavlov and Pearce introduced

House Bill No. 6131, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 4, 8, 25, 26, and 34 (MCL 38.1304, 38.1308, 38.1325, 38.1326, and 38.1334), section 4 as amended by 2008 PA 354, sections 8, 25, and 26 as amended by 1997 PA 143, and section 34 as amended by 2002 PA 94, and by adding sections 1b, 109, 110, 111, and 112 and article 7.

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

Rep. Moore introduced

House Bill No. 6132, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 411 (MCL 750.411), as amended by 2000 PA 339.

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

Rep. Moore introduced

House Bill No. 6133, entitled

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

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

Rep. Moore introduced

House Bill No. 6134, entitled

A bill to revise, consolidate, and codify the laws relating to fireworks; to regulate the purchase, possession, sale, and use of fireworks; to establish the fireworks safety fund; to provide for the fireworks safety fee; to prescribe the transfer of funds; to provide for the expenditure of funds; to prescribe the powers and duties of certain state agencies; to provide for penalties and remedies; and to repeal acts and parts of acts.

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

Rep. Smith introduced

House Bill No. 6135, 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.

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

Rep. Sheltrown introduced

House Bill No. 6136, 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.

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

Rep. LeBlanc introduced

House Bill No. 6137, entitled

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

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

Reps. Liss, Tlaib, Switalski, Durhal, Kandrevas, Scripps, Young, Stanley, Bledsoe, Cushingberry, Miller, Womack, Constan, Melton, Segal, Hammel, Knollenberg, Rocca, Crawford, Denby, Lipton, Rogers and Espinoza introduced

House Bill No. 6138, entitled

A bill to designate the month of October of each year as Filipino American Heritage Month in the state of Michigan.

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

Reps. Knollenberg, Rick Jones, LeBlanc, Sheltrown, Espinoza, Lori and Meltzer introduced

House Bill No. 6139, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 14 (MCL 28.434), as amended by 2000 PA 381, and by adding section 14a.

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

Reps. Johnson, Durhal and Womack introduced

House Bill No. 6140, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9d.

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

Rep. Opsommer introduced

House Joint Resolution FFF, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 9 of article IX, to provide for the use of certain revenues for transportation purposes.

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

Announcements by the Clerk

May 4, 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 principally as of and for the fiscal year ended September 30, 2009.

Richard J. Brown

Clerk of the House

By unanimous consent the House returned to the order of

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Transportation from further consideration of House Joint Resolution FFF.

Rep. Opsommer

Rep. Moore moved that the House adjourn.

The motion prevailed, the time being 4:10 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, May 6, at 12:00 Noon.

RICHARD J. BROWN

Clerk of the House of Representatives

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