No. 37

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Thursday, April 22, 2010.

12:00 Noon.

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

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

Agema—present Durhal—present Kurtz—present Polidori—present

Amash—present Ebli—present Lahti—present Proos—present

Angerer—present Elsenheimer—present LeBlanc—present Roberts—present

Ball—present Espinoza—present Leland—present Rocca—present

Barnett—present Geiss—present Lemmons—present Rogers—present

Bauer—present Genetski—present Lindberg—present Schmidt, R.—present

Bennett—present Gonzales—present Lipton—present Schmidt, W.—present

Bledsoe—present Green—present Liss—present Schuitmaker—present

Bolger—present Gregory—present Lori—present Scott, B.—present

Booher—present Griffin—present Lund—present Scott, P.—present

Brown, L.—present Haase—present Marleau—present Scripps—present

Brown, T.—present Haines—present Mayes—present Segal—present

Byrnes—present Hammel—present McDowell—present Sheltrown—present

Byrum—present Hansen—present McMillin—present Slavens—present

Calley—present Haugh—present Meadows—present Slezak—present

Caul—present Haveman—present Meekhof—present Smith—present

Clemente—present Hildenbrand—present Melton—present Spade—present

Constan—present Horn—present Meltzer—present Stamas—present

Corriveau—present Huckleberry—present Miller—present Stanley—present

Coulouris—excused Jackson—present Moore—present Switalski—present

Crawford—present Johnson—present Moss—present Tlaib—present

Cushingberry—excused Jones, Rick—present Nathan—present Tyler—present

Daley—present Jones, Robert—present Nerat—present Valentine—present

Dean—present Kandrevas—present Neumann—present Walsh—present

Denby—present Kennedy—present Opsommer—present Warren—present

DeShazor—present Knollenberg—present Pavlov—present Womack—present

Dillon—present Kowall—present Pearce—present Young—present

Donigan—present

e/d/s = entered during session

Rep. Joel A. Sheltrown, from the 103rd District, offered the following invocation:

“Lord we come to You once again asking You for guidance. We ask for Your perfect plan for this state and for this nation. We ask for Your wisdom. We apologize for becoming the ugly American’s that You see today: no respect for one another and no seeking of Your will. We would ask that You would be with the Speaker of the House, Speaker Dillon and Minority Leader of the House, Kevin Elsenheimer, that You continue to give them wisdom so we may, as a body, be able to carry out Your will and not ours. We ask this in Your name, Amen.”

______

Rep. Melton moved that Reps. Coulouris and Cushingberry be excused from today’s session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 252.

A resolution to declare April 22, 2010 as Farmers Care Day in the state of Michigan.

(For text of resolution, see House Journal No. 35, p. 539.)

(The resolution was reported by the Committee on Agriculture on April 21.)

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 5640, entitled

A bill to authorize local units of government to adopt property assessed clean energy programs to promote the use of renewable energy systems and energy efficiency improvements by owners of real property; to provide for the financing of such programs; to authorize a local unit of government to issue bonds and make loans from the proceeds of those bonds; to provide for the repayment of loans; to authorize certain fees; to prescribe the powers and duties of certain governmental officers and entities; and to provide for remedies.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Great Lakes and Environment,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Warren 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. Meekhof moved to amend the bill as follows:

1. Amend page 11, following line 7, by inserting:

“Sec. 19. An energy efficiency improvement or renewable energy system financed under this act is exempt from taxation under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155.”.

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

Rep. Haveman moved to amend the bill as follows:

1. Amend page 8, line 9, after “property” by striking out the balance of the line through “liens.” on line 11 and inserting a period and “A lien under this subsection is not entitled to special priority over other liens.

(2) A subsequent mortgage of property that is subject to a lien imposed under subsection (1) has priority over the lien imposed under subsection (1) if all of the following apply:

(a) When the mortgage is executed, assessment payments secured by the lien are current.

(b) The proceeds of the loan secured by the mortgage are used for the purchase of the property.

(c) The purchase of the property is not a result of a foreclosure under chapter 31 or 32 of the revised judicature act of 1961, 1961 PA 236, MCL 600.3101 to 600.3285.

(3)” and renumbering the remaining subsection.

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

Rep. Warren 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. 5640, entitled

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

Roll Call No. 150 Yeas—66

Angerer Ebli Leland Scott, B.

Ball Espinoza Lemmons Scripps

Barnett Geiss Lindberg Segal

Bauer Gonzales Lipton Sheltrown

Bennett Gregory Liss Slavens

Bledsoe Griffin Mayes Slezak

Brown, L. Haase McDowell Smith

Brown, T. Hammel Meadows Spade

Byrnes Haugh Melton Stanley

Byrum Huckleberry Miller Switalski

Clemente Jackson Nathan Tlaib

Constan Johnson Nerat Valentine

Corriveau Jones, Robert Neumann Walsh

Dean Kandrevas Polidori Warren

Dillon Kennedy Roberts Womack

Donigan Lahti Schmidt, R. Young

Durhal LeBlanc

Nays—41

Agema Genetski Kurtz Pavlov

Amash Green Lori Pearce

Bolger Haines Lund Proos

Booher Hansen Marleau Rocca

Calley Haveman McMillin Rogers

Caul Hildenbrand Meekhof Schmidt, W.

Crawford Horn Meltzer Schuitmaker

Daley Jones, Rick Moore Scott, P.

Denby Knollenberg Moss Stamas

DeShazor Kowall Opsommer Tyler

Elsenheimer

In The Chair: Espinoza

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 authorize local units of government to adopt property assessed clean energy programs and to create districts to promote the use of renewable energy systems and energy efficiency improvements by owners of real property; to provide for the financing of such programs through voluntary property assessments and other means; to authorize a local unit of government to issue bonds, notes, and other evidences of indebtedness and to pay the cost of renewable energy systems and energy efficiency improvements from the proceeds thereof; to provide for the repayment of bonds, notes, and other evidences of indebtedness; to authorize certain fees; to prescribe the powers and duties of certain governmental officers and entities; and to provide for remedies.

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. 5921, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 278.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Lipton 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. McMillin moved to amend the bill as follows:

1. Amend page 4, following line 18, by inserting:

“(vi) THE BUSINESS HAS NOT BEEN CONVICTED DURING THE IMMEDIATELY PRECEDING 5 YEARS OF A CRIMINAL OFFENSE INCIDENT TO THE APPLICATION FOR OR PERFORMANCE OF A STATE CONTRACT OR SUBCONTRACT. AS USED IN THIS SUBPARAGRAPH, “BUSINESS” INCLUDES AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERIAL EMPLOYEES, AND ANY PERSON WHO, DIRECTLY OR INDIRECTLY, HOLDS A PECUNIARY INTEREST IN THAT BUSINESS OF 20% OR MORE.

(vii) THE BUSINESS HAS NOT BEEN CONVICTED DURING THE IMMEDIATELY PRECEDING 5 YEARS OF A CRIMINAL OFFENSE, OR HELD LIABLE IN A CIVIL PROCEEDING, THAT NEGATIVELY REFLECTS ON THE BUSINESS’S BUSINESS INTEGRITY, BASED ON A FINDING OF EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION OR DESTRUCTION OF RECORDS, RECEIVING STOLEN PROPERTY, OR VIOLATION OF STATE OR FEDERAL ANTITRUST STATUTES. AS USED IN THIS SUBPARAGRAPH, “BUSINESS” INCLUDES AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERIAL EMPLOYEES, AND ANY PERSON WHO, DIRECTLY OR INDIRECTLY, HOLDS A PECUNIARY INTEREST IN THAT BUSINESS OF 20% OR MORE.

(viii) THE BUSINESS WILL NOT USE THE QUALIFIED INVESTMENT RECEIVED UNDER THIS SECTION TO INDUCE A BUSINESS ENTERPRISE TO LEAVE THIS STATE.

(ix) THE BUSINESS WILL NOT USE THE QUALIFIED INVESTMENT RECEIVED UNDER THIS SECTION TO CONTRIBUTE TO THE VIOLATION OF INTERNATIONALLY RECOGNIZED WORKERS RIGHTS, AS DEFINED IN SECTION 507(4) OF THE TRADE ACT OF 1974, 19 USC 2467(4), OF WORKERS IN A COUNTRY OTHER THAN THE UNITED STATES, INCLUDING ANY DESIGNATED ZONE OR AREA IN THAT COUNTRY.

(x) THE BUSINESS OR AN AFFILIATE OF THE BUSINESS IS NOT INCORPORATED IN A TAX HAVEN COUNTRY AFTER SEPTEMBER 11, 2001 WHILE MAINTAINING THE UNITED STATES AS THE PRINCIPAL MARKET FOR THE PUBLIC TRADING OF THE CORPORATION’S STOCK. AS USED IN THIS SUBPARAGRAPH, “TAX HAVEN COUNTRY” INCLUDES A COUNTRY WITH TAX LAWS THAT FACILITATE AVOIDANCE BY A CORPORATION OR AN AFFILIATE OF THE CORPORATION OF UNITED STATES TAX OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, BARBADOS, BERMUDA, BRITISH VIRGIN ISLANDS, CAYMAN ISLANDS, COMMONWEALTH OF THE BAHAMAS, CYPRUS, GIBRALTAR, ISLE OF MAN, THE PRINCIPALITY OF LIECHTENSTEIN, THE PRINCIPALITY OF MONACO, AND THE REPUBLIC OF THE SEYCHELLES.

(xi) THE BUSINESS IS IN COMPLIANCE WITH REQUIREMENTS UNDER FEDERAL LAW MANDATING THE FUNDING OF PENSION OR RETIREMENT PLAN OBLIGATIONS TO EMPLOYEES OF THE BUSINESS.”.

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

Rep. Lipton 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. 5921, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 278.

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

Roll Call No. 151 Yeas—99

Angerer Ebli Lahti Roberts

Ball Espinoza LeBlanc Rocca

Barnett Geiss Leland Rogers

Bauer Gonzales Lemmons Schmidt, R.

Bennett Green Lindberg Schmidt, W.

Bledsoe Gregory Lipton Schuitmaker

Bolger Griffin Liss Scott, B.

Booher Haase Lori Scripps

Brown, L. Haines Marleau Segal

Brown, T. Hammel Mayes Sheltrown

Byrnes Hansen McDowell Slavens

Byrum Haugh Meadows Slezak

Calley Haveman Melton Smith

Caul Hildenbrand Meltzer Spade

Clemente Horn Miller Stamas

Constan Huckleberry Moore Stanley

Corriveau Jackson Moss Switalski

Crawford Johnson Nathan Tlaib

Daley Jones, Rick Nerat Tyler

Dean Jones, Robert Neumann Valentine

Denby Kandrevas Opsommer Walsh

DeShazor Kennedy Pavlov Warren

Dillon Knollenberg Pearce Womack

Donigan Kowall Polidori Young

Durhal Kurtz Proos

Nays—8

Agema Elsenheimer Lund Meekhof

Amash Genetski McMillin Scott, P.

In The Chair: Espinoza

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

“Mr. Speaker and members of the House:

These are targeted tax credits and such credits do not promote economic growth as well as generally applicable tax reductions.”

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:

This is another targeted tax break at the expense of other tax payers. The MSF has too much authority already and has given tax breaks to felons. These types of breaks have not been shown to promote growth.”

Rep. Elsenheimer, 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 fail to understand why the majority would move through a bill without consideration of the McMillan amendment which would protect against tax benefits for those engaged in fraud and other nefarious activities. Without these protections, the state is once again subject to the kind of black eye it received as a result of the RASCO affair. As a result, I must vote against.”

Second Reading of Bills

House Bill No. 5663, entitled

A bill to authorize a local unit of government to create a program to promote green energy use; to authorize a local unit of government to issue bonds and make loans from the proceeds of those bonds for certain purposes; to provide for the repayment of loans; and to prescribe the powers and duties of certain officials.

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

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

Rep. Haveman moved to amend the bill as follows:

(2) A subsequent mortgage of property that is subject to a lien imposed under subsection (1) has priority over the lien imposed under subsection (1) if all of the following apply:

(a) When the mortgage is executed, assessment payments secured by the lien are current.

(b) The proceeds of the loan secured by the mortgage are used for the purchase of the property.

(c) The purchase of the property is not a result of a foreclosure under chapter 31 or 32 of the revised judicature act of 1961, 1961 PA 236, MCL 600.3101 to 600.3285.

(3)” and renumbering the remaining subsection.

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

Rep. Meekhof moved to amend the bill as follows:

1. Amend page 11, following line 7, by inserting:

“Sec. 19. An energy efficiency improvement or renewable energy system financed under this act is exempt from taxation under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155.”.

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

Rep. Sheltrown 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. 5663, entitled

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

Roll Call No. 152 Yeas—65

Angerer Ebli LeBlanc Schmidt, R.

Ball Espinoza Leland Scott, B.

Barnett Geiss Lemmons Scripps

Bauer Gonzales Lindberg Segal

Bennett Gregory Lipton Sheltrown

Bledsoe Griffin Liss Slavens

Brown, L. Haase Mayes Slezak

Brown, T. Hammel McDowell Smith

Byrnes Haugh Meadows Spade

Byrum Huckleberry Melton Stanley

Clemente Jackson Miller Switalski

Constan Johnson Nathan Tlaib

Corriveau Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Warren

Dillon Kennedy Polidori Womack

Donigan Lahti Roberts Young

Durhal

Nays—42

Agema Genetski Lori Pearce

Amash Green Lund Proos

Bolger Haines Marleau Rocca

Booher Hansen McMillin Rogers

Calley Haveman Meekhof Schmidt, W.

Caul Hildenbrand Meltzer Schuitmaker

Crawford Horn Moore Scott, P.

Daley Jones, Rick Moss Stamas

Denby Knollenberg Opsommer Tyler

DeShazor Kowall Pavlov Walsh

Elsenheimer Kurtz

In The Chair: Espinoza

The question being on agreeing to the title of the bill,

Rep. Melton moved to amend the title to read as follows:

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

Senate Bill No. 1174, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1311 (MCL 500.1311), as amended by 1994 PA 227.

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

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

Rep. Melton moved to amend the bill as follows:

1. Amend page 2, line 7, after “(2)” by inserting “UNTIL MAY 1, 2012,”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Byrum moved to amend the bill as follows:

1. Amend page 2, line 7, after “(2)” by inserting “UNTIL MAY 1, 2030,”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not 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

Senate Bill No. 1174, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1311 (MCL 500.1311), as amended by 1994 PA 227.

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

Roll Call No. 153 Yeas—83

Angerer Ebli Leland Rocca

Ball Espinoza Lemmons Schmidt, R.

Barnett Geiss Lindberg Schmidt, W.

Bauer Gonzales Lipton Schuitmaker

Bennett Green Liss Scott, B.

Booher Gregory Lori Scott, P.

Brown, L. Haase Marleau Segal

Brown, T. Haines McDowell Sheltrown

Byrnes Hammel Meadows Slavens

Byrum Hansen Meekhof Smith

Calley Haugh Melton Spade

Caul Hildenbrand Meltzer Stanley

Constan Horn Moore Switalski

Corriveau Huckleberry Nathan Tlaib

Crawford Jackson Nerat Tyler

Daley Johnson Neumann Valentine

Dean Jones, Rick Opsommer Walsh

Denby Kandrevas Pavlov Warren

Dillon Kennedy Pearce Womack

Donigan Kowall Polidori Young

Durhal Lahti Roberts

Nays—24

Agema Elsenheimer Kurtz Moss

Amash Genetski LeBlanc Proos

Bledsoe Griffin Lund Rogers

Bolger Haveman Mayes Scripps

Clemente Jones, Robert McMillin Slezak

DeShazor Knollenberg Miller Stamas

In The Chair: Espinoza

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

“An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”

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.

By unanimous consent the House returned to the order of

Motions and Resolutions

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

House Resolution No. 257.

A resolution for the Honorable Andy Coulouris.

Whereas, It is with deep appreciation for his professionalism and effectiveness as a public servant that we join in commending and thanking our colleague Representative Andy Coulouris as he brings to a close his service as a member of this legislative body. His intellect, integrity, and commitment to Michigan’s future have been appreciated by members and staff alike at the Capitol, and we wish him well in the new challenges that await him; and

Whereas, A native of Saginaw, Andy Coulouris earned both his bachelor’s and law degrees from the University of Michigan. Prior to his election to the Michigan House of Representatives in 2006, he distinguished himself as an assistant prosecuting attorney in Saginaw County, as a member of the Saginaw City Council, and through his work with several community groups; and

Whereas, As a lawmaker, Representative Coulouris worked diligently to articulate the needs of his Saginaw area district during a period of exceptional economic difficulty. Balancing these needs with the harsh realities of financial pressures, Representative Coulouris provided leadership through his efforts as the chair of the Banking and Financial Services Committee, as vice chair of the Judiciary and Retiree Health Care Reforms Committees for 2007-2008, and in each of his other committee responsibilities; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our thanks to the Honorable Andy Coulouris as he brings to a close his tenure as State Representative for the Ninety-fifth District; and be it further

Resolved, That copies of this resolution be transmitted to Representative Coulouris and his family as evidence of our best wishes.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Bolger, Ball, Terry Brown, Constan, Crawford, Denby, Geiss, Hansen, Horn, Robert Jones, Kennedy, Knollenberg, Kowall, Liss, Lori, Lund, Marleau, Mayes, Nathan, Neumann, Pearce, Polidori, Rogers, Wayne Schmidt, Scripps, Smith, Spade, Tlaib, Tyler and Walsh offered the following resolution:

House Resolution No. 258.

A resolution to declare April 2010 as Junior Achievement Financial Literacy Month in the state of Michigan.

Whereas, Junior Achievement is a not-for-profit organization that fosters partnerships between business and educators and uses hands-on curriculum to help young people understand the economics of life; and

Whereas, Junior Achievement’s purpose is to inspire and prepare young people to succeed in a global economy; and

Whereas, Since Junior Achievement’s creation in 1919, the program has reached more than 79 million students. It is devoted to its mission of ensuring that every child in America has a fundamental understanding of financial literacy and the free enterprise system; and

Whereas, Junior Achievement is designed to be taught in the classroom by business, parent, and community volunteers. Classroom volunteers make economic concepts relevant, fuel the entrepreneurial spirit, and challenge students to excel; and

Whereas, Junior Achievement has been primarily funded by the private sector of businesses, individuals, and foundations. A declining economy has limited Junior Achievement’s ability to provide service that meets the demand for programs in Michigan. With local and state government support, Junior Achievement would be able to expand its delivery of curriculum to adequately prepare Michigan’s young people for a global economy, while advancing an important policy objective of the state; and

Whereas, Junior Achievement brings volunteers into the classrooms to lead exciting, hands-on activities in grades K-12. These activities show students the relevance of education to the workplace and help prepare them for secondary school and lifelong learning. Concepts and skills taught at each program level build on those learned in preceding grades; and

Whereas, Junior Achievement programs focus on developing and preparing young people for issues they will encounter in the economic and employment environment. Students are taught to use economics, business, and financial literacy to prepare for and improve their quality of life; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2010 as Junior Achievement Financial Literacy Month in the state of Michigan. We encourage Michigan’s public schools to participate in Junior Achievement Programs and thus encourage the development of entrepreneurial curricula; and be it further

Resolved, That copies of this resolution be transmitted to the Superintendent of Public Instruction and the State Board of Education.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Warren, Smith, Bauer, Lisa Brown, Ball, Terry Brown, Constan, Geiss, Robert Jones, Kennedy, Kowall, Liss, Lori, Marleau, Mayes, Nathan, Neumann, Polidori, Rogers, Tlaib and Walsh offered the following resolution:

House Resolution No. 259.

A resolution to declare April 2010 as Car Pool Month in the state of Michigan.

Whereas, Carpooling, also known as car-sharing, ride-sharing, and lift-sharing, is the shared use of a car by the driver and one or more passenger. In wartime, carpooling was encouraged to save oil. Since the mid-1970’s carpool projects have been around in a structured form in the United States of America; and

Whereas, Carpoolers use pool members’ private cars for shared journeys, usually to and from work. Hence, carpooling reduces the costs involved in repetitive or long distance driving by sharing cars. A mutual benefit exists between the driver and passenger(s); and

Whereas, According to the U.S. Census, in 2007 there were approximately 4,400,000 commuters in the state of Michigan, approximately 83% (3,655,000) of which drive to work alone; and

Whereas, Carpooling curbs both the number of miles put on a car and the amount of money spent on maintenance, while also preventing its premature decrease in value; and

Whereas, The average commute distance is 15.9 miles in the state of Michigan assuming an average of 18.5 MPG, a cost of $2.00 per gallon of gas and a mid-size sedan, the average commuting cost is $231.57 per month; and

Whereas, For every additional 0.5% increase in carpooling we would see 11,000 less cars on the road daily, a reduction in carbon dioxide by 44,000 tons per year, and a $30,500,000 yearly savings for those consumers; and

Whereas, Carpooling would create a reduction of greenhouse gas emissions, noise pollution, wear and tear of pavement, cost of maintenance and construction of additional parking structures and green space can be preserved; and

Whereas, Carpooling reduces driving stress and creates a fun and social alternative to driving alone, allowing employees to arrive to work more relaxed and reduce the transportation congestion that inhibits our daily commutes; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2010 as Car Pool Month in the state of Michigan. The members and the people of the state of Michigan recognize that carpooling is a flexible, convenient and economical way to reach your destination. Additionally, carpooling is environment friendly; and be it further

Resolved, We encourage all citizens to carpool with neighbors, coworkers, family, and friends to celebrate April 2010 as Car Pool Month.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Lisa Brown, Roberts, Warren, Scripps, Kandrevas, Ball, Terry Brown, Constan, Ebli, Geiss, Robert Jones, Kennedy, Kowall, Liss, Lori, Marleau, Mayes, Miller, Nathan, Neumann, Pearce, Polidori, Rogers, Smith, Spade, Tlaib and Walsh offered the following resolution:

House Resolution No. 260.

A resolution to declare April 22, 2010, as Earth Day in the state of Michigan.

Whereas, Earth Day is April 22, 2010; and

Whereas, Earth Day was founded by U.S. Senator Gaylord Nelson as an environmental teach-in held on April 22, 1970; and

Whereas, Almost every country on Earth is now connected by the Earth Day Network; and

Whereas, Each year Earth Day encourages citizens remember the importance of the protecting and conserving our natural resources and the environment; and

Whereas, Michigan citizens are encouraged to take action and join with the millions of people from all over the world who will take part in Earth Day activities; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 22, 2010, as Earth Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. McMillin, Meltzer, Walsh, Proos, Knollenberg, Tyler, Calley, Paul Scott, Rick Jones, Opsommer, Schuitmaker, Bolger, Pavlov, Meekhof, Kowall, Crawford, Denby, Horn, Lund, Marleau, Nathan, Neumann and Rogers offered the following resolution:

House Resolution No. 261.

A resolution to declare May 2010 as Healthcare Freedom Month in the state of Michigan.

Whereas, The U.S. Congress and President of the United States recently enacted legislation into law that will create a federal government-run healthcare system; and

Whereas, The U.S. Constitution neither enumerates nor grants the federal government power to control healthcare nor supersede the natural right of the citizens of Michigan to choose their own healthcare; and

Whereas, Residents of this state should have the freedom to choose their insurance provider and coverage without interference from the federal or state government; and

Whereas, None of our citizens should be forced by the federal government, under threat of fine and possible incarceration, to purchase something they do not want, including healthcare insurance; and

Whereas, The solution in healthcare reform lies in improving the quality and affordability of healthcare through market-based changes, not in dismantling the best healthcare system in the world and taking away our freedoms; now, therefore, be it

Resolved by the House of Representative, That the members of this legislative body declare May 2010 as Healthcare Freedom Month in the state of Michigan We encourage our citizens to do all they can to defend their right to make their own healthcare decisions without interference from the federal government.

The resolution was referred to the Committee on Judiciary.

Reps. Amash, Ball, Hansen, Lori, Lund, Marleau, Mayes, Nathan, Rogers, Wayne Schmidt and Walsh offered the following resolution:

House Resolution No. 262.

A resolution to urge county road commissions and other local road authorities to examine traffic signal timing in order to improve traffic flow and reduce vehicle emissions.

Whereas, Traffic flow is often interrupted by poorly timed traffic signals that are not geared to traffic volumes and daily directional flow. The result is congestion, dirtier air, and unhappy drivers. Intelligent traffic signals are available that work with, and not against, drivers to improve the flow of traffic and reduce congestion. Many Michigan localities have them in place already; and

Whereas, Traffic congestion and vehicles idling at traffic signals negatively affect air quality through increased emissions. Traffic signal control can decrease waiting time at lights and overall travel time, as well as reduce fuel consumption and vehicle emissions. The smart use of traffic signals would save significant time and money and positively affect the environment and traffic safety; now, therefore, be it

Resolved by the House of Representatives, That we urge county road commissions and other local road authorities to examine traffic signal timing in order to improve traffic flow and reduce vehicle emissions; and be it further

Resolved, That copies of this resolution be transmitted to the County Road Association of Michigan.

The resolution was referred to the Committee on Transportation.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Thursday, April 22:

House Bill Nos. 6056 6057

Senate Bill Nos. 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281

Senate Joint Resolution W

Reports of Standing Committees

The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported

House Bill No. 5271, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1264.

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. Warren, Nerat, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps and Wayne Schmidt

Nays: Reps. Meekhof, Daley and Pavlov

The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported

House Bill No. 5991, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20107a (MCL 324.20107a), as amended by 1996 PA 383.

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. Warren, Nerat, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts and Scripps

Nays: Reps. Meekhof, Daley, Haveman and Pavlov

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:

Meeting held on: Thursday, April 22, 2010

Present: Reps. Warren, Nerat, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps, Meekhof, Daley, Haveman, Pavlov and Wayne Schmidt

Absent: Rep. Rick Jones

Excused: Rep. Rick Jones

The Committee on Education, by Rep. Melton, Chair, reported on

House Bill No. 6004, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1246a.

Adverse Roll Call

To Report Out:

Yeas: Reps. Melton, Bledsoe, Byrum, Geiss, Sheltrown and McMillin

Nays: Reps. Lisa Brown, Corriveau, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Valentine, Pavlov, Amash, Ball, DeShazor, Pearce and Tyler

The Committee on Education, by Rep. Melton, Chair, reported

House Bill No. 6005, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2006 PA 158.

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. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Ball, DeShazor, McMillin, Pearce, Tyler and Walsh

Nays: None

The Committee on Education, by Rep. Melton, Chair, reported

House Bill No. 6008, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2009 PA 210.

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. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Ball, DeShazor, McMillin, Pearce, Tyler and Walsh

Nays: None

The Committee on Education, by Rep. Melton, Chair, reported

House Bill No. 6009, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1229 (MCL 380.1229), as added by 1995 PA 289.

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. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Ball, DeShazor, McMillin, Pearce, Tyler and Walsh

Nays: None

The Committee on Education, by Rep. Melton, Chair, reported

House Bill No. 6010, entitled

A bill to amend 1968 PA 317, entitled “An act relating to the conduct of public servants in respect to governmental decisions and contracts with public entities; to provide penalties for the violation of this act; to repeal certain acts and parts of acts; and to validate certain contracts,” by amending section 3a (MCL 15.323a), as amended by 1996 PA 203.

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. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Ball, DeShazor, McMillin, Pearce, Tyler and Walsh

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 22, 2010

Present: Reps. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Amash, Ball, DeShazor, McMillin, Pearce, Paul Scott, Tyler and Walsh

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 22, 2010

Present: Reps. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, DeShazor, Knollenberg, Pearce and Wayne Schmidt

Absent: Rep. Paul Scott

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Scripps, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Thursday, April 22, 2010

Present: Reps. Scripps, Roy Schmidt, Clemente, Johnson, Mayes, Nathan, Calley, Kowall and Marleau

Absent: Rep. Booher

Excused: Rep. Booher

Notices

Pursuant to Rule 41, the Speaker has made the following reassignment:

Senate Bill No. 1204 referred to the Committee on Tourism, Outdoor Recreation and Natural Resources on April 22, 2010.

Introduction of Bills

Rep. Ball introduced

House Bill No. 6058, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 198, 229, 259, 409d, 409e, 415, 416, 435, 436, 467e, and 467f (MCL 168.198, 168.229, 168.259, 168.409d, 168.409e, 168.415, 168.416, 168.435, 168.436, 168.467e, and 168.467f), sections 409d, 409e, 415, 416, 435, 436, 467e, and 467f as amended by 1990 PA 32, and by adding sections 357a and 357b.

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

Reps. Kurtz, DeShazor, Lori, Daley, Calley, Genetski, Agema, Opsommer and Bolger introduced

House Bill No. 6059, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5512 (MCL 324.5512).

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

Reps. Pearce and Knollenberg introduced

House Bill No. 6060, entitled

A bill to amend 1917 PA 350, entitled “An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 3 (MCL 445.403), as amended by 2006 PA 675.

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

Reps. Knollenberg and Pearce introduced

House Bill No. 6061, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 17a, 57d, 217c, 248, 248c, 248f, 249a, 251, and 807 (MCL 257.17a, 257.57d, 257.217c, 257.248, 257.248c, 257.248f, 257.249a, 257.251, and 257.807), sections 17a, 248c, and 249a as amended and section 57d as added by 1993 PA 300, sections 217c and 251 as amended by 2002 PA 642, section 248 as amended by 2004 PA 495, section 248f as amended by 2006 PA 298, and section 807 as amended by 2003 PA 152; 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.

Reps. Denby, Meekhof, Wayne Schmidt, Lund, Marleau, Haines, Knollenberg, Green, Meltzer, Walsh, Robert Jones and Huckleberry introduced

House Bill No. 6062, entitled

A bill to provide immunity from liability for personal injury and property damage to individuals providing driving services without compensation to certain individuals.

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

Reps. Miller, Robert Jones, Angerer, Kennedy, Scripps, Constan, Bauer, McDowell, Haugh, Warren, Nathan, Meadows, Lisa Brown and Byrnes introduced

House Bill No. 6063, entitled

A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending section 77 (MCL 460.1077).