No. 55
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Tuesday, June 16, 2009.
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 Lahti—present Proos—present
Amash—present Ebli—present LeBlanc—present Roberts—present
Angerer—present Elsenheimer—present Leland—present Rocca—present
Ball—present Espinoza—present Lemmons—present Rogers—present
Barnett—present Geiss—present Lindberg—present Schmidt, R.—present
Bauer—present Genetski—present Lipton—present Schmidt, W.—present
Bennett—present Gonzales—present Liss—present Schuitmaker—present
Bledsoe—present Green—present Lori—present Scott, B.—present
Bolger—present Gregory—present Lund—present Scott, P.—present
Booher—present Griffin—present Marleau—present Scripps—present
Brown, L.—present Haase—present Mayes—present Segal—present
Brown, T.—present Haines—present McDowell—present Sheltrown—present
Byrnes—present Hammel—present McMillin—present Simpson—present
Byrum—present Hansen—present Meadows—present Slavens—present
Calley—present Haugh—present Meekhof—present Slezak—present
Caul—present Haveman—present Melton—present Smith—present
Clemente—present Hildenbrand—present Meltzer—present Spade—present
Constan—present Horn—present Miller—present Stamas—present
Corriveau—present Huckleberry—present Moore—present Stanley—present
Coulouris—present Jackson—e/d/s Moss—present Switalski—present
Crawford—present Johnson—present Nathan—excused Tlaib—present
Cushingberry—e/d/s Jones, Rick—present Nerat—present Tyler—present
Daley—present Jones, Robert—present Neumann—present Valentine—present
Dean—present Kandrevas—present Opsommer—present Walsh—present
Denby—present Kennedy—present Pavlov—present Warren—present
DeShazor—present Knollenberg—present Pearce—present Womack—present
Dillon—present Kowall—present Polidori—present Young—present
Donigan—present Kurtz—present
e/d/s = entered during session
Rep. Tim Moore, from the 97th District, offered the following invocation:
“Heavenly Father; please help to guide us as we work our way through some of the toughest times in our states history. Please give us the strength, the courage and the compassion needed to be the best possible stewards of this state.
Lord, please be a beacon of hope for any of our constituents that are struggling and for our state, nation and world as a whole. Amen.”
______
Rep. Angerer moved that Rep. Nathan be excused from today’s session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4456, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34d (MCL 211.34d), as amended by 2007 PA 31, and by adding section 7ll.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Gregory 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. Gregory moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4456, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34d (MCL 211.34d), as amended by 2007 PA 31, and by adding section 7ll.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 294 Yeas—69
Angerer Durhal LeBlanc Schuitmaker
Ball Ebli Leland Scott, B.
Barnett Espinoza Lemmons Scripps
Bauer Geiss Lindberg Segal
Bennett Gonzales Lipton Sheltrown
Bledsoe Green Liss Simpson
Booher Gregory Mayes Slavens
Brown, L. Griffin McDowell Slezak
Brown, T. Haase Meadows Smith
Byrnes Hammel Melton Spade
Byrum Haugh Miller Stanley
Clemente Huckleberry Nerat Switalski
Corriveau Johnson Neumann Tlaib
Coulouris Jones, Robert Opsommer Valentine
Crawford Kandrevas Polidori Warren
Dean Kennedy Roberts Womack
Dillon Lahti Schmidt, R. Young
Donigan
Nays—38
Agema Genetski Lori Pearce
Amash Haines Lund Proos
Bolger Hansen Marleau Rocca
Calley Haveman McMillin Rogers
Caul Hildenbrand Meekhof Schmidt, W.
Constan Horn Meltzer Scott, P.
Daley Jones, Rick Moore Stamas
Denby Knollenberg Moss Tyler
DeShazor Kowall Pavlov Walsh
Elsenheimer Kurtz
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34d (MCL 211.34d), as amended by 2007 PA 31.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4985, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 48.
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. Lisa Brown moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Moss moved to amend the bill as follows:
1. Amend page 1, line 2, after “CANDIDATE” by inserting “OR WHICH REFERS TO A CANDIDATE, AN INCUMBENT OFFICE HOLDER, OR A BALLOT QUESTION,”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Lisa Brown moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Cushingberry entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4985, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 48.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 295 Yeas—100
Angerer Ebli Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Gonzales Lipton Schmidt, W.
Bennett Green Liss Schuitmaker
Bledsoe Gregory Lori Scott, B.
Bolger Griffin Lund Scott, P.
Booher Haase Marleau Scripps
Brown, L. Haines Mayes Segal
Brown, T. Hammel McDowell Sheltrown
Byrnes Hansen Meadows Simpson
Byrum Haugh Meekhof Slavens
Calley Hildenbrand Melton Slezak
Clemente Horn Meltzer Smith
Constan Huckleberry Miller Spade
Corriveau Johnson Moore Stamas
Coulouris Jones, Rick Moss Stanley
Crawford Jones, Robert Nerat Switalski
Cushingberry Kandrevas Neumann Tlaib
Dean Kennedy Opsommer Tyler
Denby Knollenberg Pavlov Valentine
DeShazor Kowall Pearce Walsh
Dillon Kurtz Polidori Warren
Donigan Lahti Proos Womack
Durhal LeBlanc Roberts Young
Nays—8
Agema Caul Elsenheimer Haveman
Amash Daley Genetski McMillin
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Ball, Bauer, Bledsoe, Bolger, Booher, Terry Brown, Byrnes, Byrum, Calley, Constan, Corriveau, Crawford, DeShazor, Dillon, Durhal, Ebli, Espinoza, Geiss, Gonzales, Gregory, Griffin, Haase, Hammel, Hansen, Haugh, Horn, Huckleberry, Johnson, Rick Jones, Robert Jones, Kandrevas, Knollenberg, Kurtz, LeBlanc, Leland, Lindberg, Lori, McDowell, Melton, Meltzer, Miller, Neumann, Polidori, Roberts, Wayne Schmidt, Segal, Sheltrown, Slavens, Slezak, Smith, Spade, Switalski, Tlaib, Tyler, Valentine, Warren and Young were named co‑sponsors of the bill.
Rep. McMillin, 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 voted ‘No’ because this bill exempts large special-interest PACs - stacking the deck against candidates.”
Rep. Agema, 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 believe it violates the first amendment.”
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 respectfully oppose HB 4985 because this bill claims to be campaign and election reform, however, even should this bill become law, phone calls from ‘issues campaigns’ would not be covered. We should treat all elections related phone calls equally under the law.”
Rep. Amash, 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:
This bill, if enacted, would be unconstitutional under the First Amendment to the Constitution of the United States of America.”
Second Reading of Bills
House Bill No. 4501, 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 1 (MCL 28.421), as amended by 2008 PA 407.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Geiss moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4501, 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 1 (MCL 28.421), as amended by 2008 PA 407.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 296 Yeas—108
Agema Donigan Kurtz Proos
Amash Durhal Lahti Roberts
Angerer Ebli LeBlanc Rocca
Ball Elsenheimer Leland Rogers
Barnett Espinoza Lemmons Schmidt, R.
Bauer Geiss Lindberg Schmidt, W.
Bennett Genetski Lipton Schuitmaker
Bledsoe Gonzales Liss Scott, B.
Bolger Green Lori Scott, P.
Booher Gregory Lund Scripps
Brown, L. Griffin Marleau Segal
Brown, T. Haase Mayes Sheltrown
Byrnes Haines McDowell Simpson
Byrum Hammel McMillin Slavens
Calley Hansen Meadows Slezak
Caul Haugh Meekhof Smith
Clemente Haveman Melton Spade
Constan Hildenbrand Meltzer Stamas
Corriveau Horn Miller Stanley
Coulouris Huckleberry Moore Switalski
Crawford Johnson Moss 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
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Agema, Terry Brown, Byrum, Crawford, Daley, Dean, Denby, Durhal, Gonzales, Haase, Hammel, Haveman, Horn, Johnson, Robert Jones, Kennedy, Lemmons, Liss, Marleau, Mayes, Melton, Neumann, Polidori, Wayne Schmidt, Schuitmaker, Scripps, Sheltrown, Slezak and Tyler were named co‑sponsors of the bill.
Second Reading of Bills
House Bill No. 4502, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222 and 223 (MCL 750.222 and 750.223), section 222 as amended by 2001 PA 135 and section 223 as amended by 1992 PA 221.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ebli moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4502, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222 and 223 (MCL 750.222 and 750.223), section 222 as amended by 2001 PA 135 and section 223 as amended by 1992 PA 221.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 297 Yeas—108
Agema Donigan Kurtz Proos
Amash Durhal Lahti Roberts
Angerer Ebli LeBlanc Rocca
Ball Elsenheimer Leland Rogers
Barnett Espinoza Lemmons Schmidt, R.
Bauer Geiss Lindberg Schmidt, W.
Bennett Genetski Lipton Schuitmaker
Bledsoe Gonzales Liss Scott, B.
Bolger Green Lori Scott, P.
Booher Gregory Lund Scripps
Brown, L. Griffin Marleau Segal
Brown, T. Haase Mayes Sheltrown
Byrnes Haines McDowell Simpson
Byrum Hammel McMillin Slavens
Calley Hansen Meadows Slezak
Caul Haugh Meekhof Smith
Clemente Haveman Melton Spade
Constan Hildenbrand Meltzer Stamas
Corriveau Horn Miller Stanley
Coulouris Huckleberry Moore Switalski
Crawford Johnson Moss 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
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5037, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2951 (MCL 600.2951), as added by 1982 PA 186.
The bill was read a second time.
Rep. Geiss moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5037, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2951 (MCL 600.2951), as added by 1982 PA 186.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 298 Yeas—108
Agema Donigan Kurtz Proos
Amash Durhal Lahti Roberts
Angerer Ebli LeBlanc Rocca
Ball Elsenheimer Leland Rogers
Barnett Espinoza Lemmons Schmidt, R.
Bauer Geiss Lindberg Schmidt, W.
Bennett Genetski Lipton Schuitmaker
Bledsoe Gonzales Liss Scott, B.
Bolger Green Lori Scott, P.
Booher Gregory Lund Scripps
Brown, L. Griffin Marleau Segal
Brown, T. Haase Mayes Sheltrown
Byrnes Haines McDowell Simpson
Byrum Hammel McMillin Slavens
Calley Hansen Meadows Slezak
Caul Haugh Meekhof Smith
Clemente Haveman Melton Spade
Constan Hildenbrand Meltzer Stamas
Corriveau Horn Miller Stanley
Coulouris Huckleberry Moore Switalski
Crawford Johnson Moss 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
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5038, 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,” (MCL 28.421 to 28.435) by adding section 3.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ebli moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5038, 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,” (MCL 28.421 to 28.435) by adding section 3.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 299 Yeas—108
Agema Donigan Kurtz Proos
Amash Durhal Lahti Roberts
Angerer Ebli LeBlanc Rocca
Ball Elsenheimer Leland Rogers
Barnett Espinoza Lemmons Schmidt, R.
Bauer Geiss Lindberg Schmidt, W.
Bennett Genetski Lipton Schuitmaker
Bledsoe Gonzales Liss Scott, B.
Bolger Green Lori Scott, P.
Booher Gregory Lund Scripps
Brown, L. Griffin Marleau Segal
Brown, T. Haase Mayes Sheltrown
Byrnes Haines McDowell Simpson
Byrum Hammel McMillin Slavens
Calley Hansen Meadows Slezak
Caul Haugh Meekhof Smith
Clemente Haveman Melton Spade
Constan Hildenbrand Meltzer Stamas
Corriveau Horn Miller Stanley
Coulouris Huckleberry Moore Switalski
Crawford Johnson Moss 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
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4221, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2008 PA 406.
The bill was read a second time.
Rep. Ebli moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Jackson entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4221, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2008 PA 406.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 300 Yeas—109
Agema Durhal Kurtz Proos
Amash Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Genetski Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen McMillin Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moore Switalski
Crawford Johnson Moss Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Jones, Robert Neumann Valentine
Dean Kandrevas Opsommer Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Dillon Kowall Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4222, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2950a (MCL 600.2950a), as amended by 2001 PA 201.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Judiciary,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Ebli moved to amend the bill as follows:
1. Amend page 2, line 5, after “OR” by striking out “POSTING A MESSAGE AS DEFINED IN” and inserting “CONDUCT THAT IS PROHIBITED UNDER”.
2. Amend page 2, line 26, after “STATE” by striking out “OR COUNTRY,” and inserting a comma and “OR A FOREIGN COUNTRY”.
3. Amend page 3, line 6, after “STATE” by striking out “OR COUNTRY,” and inserting a comma and “OR A FOREIGN COUNTRY”.
4. Amend page 3, line 20, after “STATE” by striking out “OR COUNTRY,” and inserting a comma and “OR A FOREIGN COUNTRY”.
5. Amend page 16, line 5, after “STATE” by striking out “OR COUNTRY,” and inserting a comma and “OR A FOREIGN COUNTRY”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Ebli moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4222, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2950a (MCL 600.2950a), as amended by 2001 PA 201.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 301 Yeas—109
Agema Durhal Kurtz Proos
Amash Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Genetski Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen McMillin Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moore Switalski
Crawford Johnson Moss Tlaib
Cushingberry Jones, Rick Nerat Tyler
Daley Jones, Robert Neumann Valentine
Dean Kandrevas Opsommer Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Dillon Kowall Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, June 11:
Senate Bill Nos. 636 637 638 639
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, June 12:
House Bill Nos. 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089
Senate Bill Nos. 630 631 632 633 634 635
The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, June 16:
Senate Bill Nos. 640 641
The Clerk announced that the following Senate bill had been received on Tuesday, June 16:
Senate Bill No. 245
Reports of Standing Committees
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 4568, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 231a (MCL 750.231a), as amended by 2008 PA 196.
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. Sheltrown, Slezak, Ebli, Huckleberry, Lindberg, Simpson, Stanley, Stamas, Bolger, Hansen and Horn
Nays: None
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 4569, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2008 PA 406.
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. Sheltrown, Slezak, Ebli, Huckleberry, Lindberg, Simpson, Stanley, Stamas, Bolger, Hansen and Horn
Nays: None
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 5087, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81101 (MCL 324.81101), as amended by 2004 PA 587.
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. Sheltrown, Slezak, Ebli, Huckleberry, Lindberg, Simpson, Stanley, Stamas, Bolger, Hansen and Horn
Nays: None
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, June 16, 2009
Present: Reps. Sheltrown, Slezak, Ebli, Huckleberry, Lindberg, Simpson, Stanley, Stamas, Bolger, Hansen and Horn
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
House Bill No. 4744, entitled
A bill to amend 1913 PA 380, entitled “An act to regulate gifts of real and personal property to cities, villages, townships, and counties, and the use of those gifts and other funds; and to validate all gifts made before the enactment of this act,” by amending section 2 (MCL 123.872), as amended by 2003 PA 122.
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. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Kennedy, Young, Lund, Denby, Meekhof and Wayne Schmidt
Nays: None
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
House Bill No. 4801, entitled
A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending section 7 (MCL 125.2307).
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. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Kennedy, Young, 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, June 16, 2009
Present: Reps. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Kennedy, Young, Lund, Denby, Meekhof and Wayne Schmidt
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Mayes, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Tuesday, June 16, 2009
Present: Reps. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Huckleberry, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Opsommer, Proos and Schuitmaker
Absent: Reps. Johnson, Marleau and Wayne Schmidt
Excused: Reps. Johnson, Marleau and Wayne Schmidt
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Corriveau, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, June 16, 2009
Present: Reps. Corriveau, Segal, Byrum, Coulouris, Donigan, Johnson, Liss, Neumann, Roy Schmidt, Simpson, Slavens, Valentine, Womack, Ball, Calley, Crawford, Denby, Green, Moore and Paul Scott
Absent: Rep. Marleau
Excused: Rep. Marleau
Messages from the Governor
Date: June 12, 2009
Time: 1:40 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4830 (Public Act No. 39, I.E.), being
An act to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2006 PA 598.
(Filed with the Secretary of State June 12, 2009, at 1:54 p.m.)
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 245, entitled
A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2010; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Notices
Pursuant to Rule 41, the Speaker has made the following reassignment:
House Bill No. 5076 referred to the Committee on Military and Veterans Affairs and Homeland Security on June 16, 2009.
Introduction of Bills
Reps. Denby, Opsommer, Haveman, Kowall, Moss, Rogers, Agema, Lund, Horn, Crawford, Lori, Meekhof, Schuitmaker, Liss, Haugh, Stamas, McMillin, Ball, Meltzer, Amash, Genetski, Walsh and Dean introduced
House Bill No. 5090, entitled
A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” by amending section 5 (MCL 124.505), as amended by 1985 PA 10.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. Angerer, Lisa Brown, Lori, Mayes, Sheltrown, Roy Schmidt, Valentine, Roberts, Scripps, Spade, Melton, Meekhof, Simpson, Ebli, Bennett, Espinoza, Terry Brown, Hammel, Donigan, Rick Jones, Kowall, Lemmons, Huckleberry, Durhal, Dean, Hildenbrand, Caul, Opsommer, Marleau, Agema, Lahti, Young, Moore, Constan and Robert Jones introduced
House Bill No. 5091, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16401, 16423, and 16431 (MCL 333.16401, 333.16423, and 333.16431), section 16401 as amended by 2002 PA 734 and section 16431 as amended by 1994 PA 234.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Robert Jones, Young, Simpson, Stanley, Miller, Espinoza, Lisa Brown, Slavens, Constan, Durhal, Warren, Bauer, Bettie Scott, Nathan and Geiss introduced
House Bill No. 5092, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 269 (MCL 206.269), as added by 2004 PA 313.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Warren, Smith, Meadows, Scripps, Miller, Donigan, Robert Jones, Young, Tlaib, Liss, Cushingberry, Kennedy, Bauer, Hammel, Bennett, Byrnes and Dean introduced
House Bill No. 5093, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310b.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. DeShazor and Womack introduced
House Bill No. 5094, entitled
A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending section 10 (MCL 28.610), as amended by 1998 PA 237.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Womack and DeShazor introduced
House Bill No. 5095, entitled
A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending sections 2, 3, 4, 7, 8, 9, 17, and 29 (MCL 338.1052, 338.1053, 338.1054, 338.1057, 338.1058, 338.1059, 338.1067, and 338.1079), sections 2, 3, 7, 17, and 29 as amended by 2002 PA 473, sections 4 and 8 as amended by 2000 PA 411, and section 9 as amended by 2004 PA 270, and by adding sections 6a, 37, 38, 39, 40, 41, 42, and 43.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Meadows and Sheltrown introduced
House Bill No. 5096, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 416e.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Meadows introduced
House Bill No. 5097, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. McMillin and Lund introduced
House Bill No. 5098, entitled
A bill to allow for the review, oversight, and providing of recommendations regarding the operation of certain water and sewer systems within this state; to create the water accountability advisory board; and to provide for the powers and duties of certain governmental officials and entities.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Clemente introduced
House Bill No. 5099, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88k (MCL 125.2088k), as added by 2005 PA 215.
The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.
Rep. Clemente introduced
House Bill No. 5100, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88b (MCL 125.2088b), as amended by 2008 PA 175.
The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.
Reps. LeBlanc, Meadows and Gregory introduced
House Bill No. 5101, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2170.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. LeBlanc, Meadows, Sheltrown, Polidori and Melton introduced
House Bill No. 5102, entitled
A bill to allow certain active duty service members to terminate contracts with wireless telecommunications providers; to provide for the rights and responsibilities of the parties to those terminated contracts; to provide for the powers and duties of certain state officials; to prescribe civil sanctions and provide remedies; and to provide for the disposition of civil fines.
The bill was read a first time by its title and referred to the Committee on Military and Veterans Affairs and Homeland Security.
Rep. LeBlanc introduced
House Bill No. 5103, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57v.
The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.
Rep. Mayes introduced
House Bill No. 5104, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 310b (MCL 750.310b), as added by 1996 PA 539.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Donigan introduced
House Bill No. 5105, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3107b (MCL 500.3107b), as added by 1994 PA 438.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Angerer introduced
House Bill No. 5106, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 502 and 502a (MCL 550.1502 and 550.1502a), section 502 as amended by 2003 PA 59 and section 502a as amended by 1998 PA 446.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Angerer introduced
House Bill No. 5107, entitled
A bill to amend 1984 PA 233, entitled “Prudent purchaser act,” by amending section 3 (MCL 550.53), as amended by 1996 PA 518.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Angerer introduced
House Bill No. 5108, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 315 (MCL 418.315), as amended by 1998 PA 447.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Angerer introduced
House Bill No. 5109, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3107b, 3405, 3475, and 3631 (MCL 500.3107b, 500.3405, 500.3475, and 500.3631), section 3107b as added and sections 3405 and 3631 as amended by 1994 PA 438 and section 3475 as amended by 1984 PA 280.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Slezak, Slavens, Liss, Haugh, Kandrevas, Roy Schmidt, Haase, Young, Clemente, Walsh, Womack and Wayne Schmidt introduced
House Bill No. 5110, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2008 PA 198.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Moore introduced
House Joint Resolution W, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 12 and 13 of article IV and section 15 of article V, to limit the legislative session, to reduce salaries of members of the legislature, and to limit the governor’s ability to call for extraordinary sessions.
The joint resolution was read a first time by its title and referred to the Committee on Judiciary.
Reps. Moore, DeShazor, Kurtz and Stamas introduced
House Joint Resolution X, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 37 of article IV, to provide for approval by the joint committee on administrative rules of any rule adopted by a state agency.
The joint resolution was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. Lemmons moved that the House adjourn.
The motion prevailed, the time being 4:10 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, June 17, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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