No. 63

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

House Chamber, Lansing, Wednesday, July 15, 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—excused 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—excused Schmidt, W.—present

Bennett—present Gonzales—excused 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—present Moss—present Switalski—present

Crawford—present Johnson—present Nathan—present 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. Lesia Liss, from the 28th District, offered the following invocation:

“Almighty God,

Thank you for bringing us together today in this House of Representatives.

We ask for Your guidance as we consider the concerns of the people of this state who elected us to represent them.

Guide us as we discuss and write and present the bills for laws for the benefit of all the people we serve.

Help us to do what is right and just and fair.

May we always be mindful of Your goodness in us and may that goodness be reflected in the work we do.

May we be mindful of what is written in Psalm 106: ‘Blessed are they who maintain justice, who constantly do what is right.’

Amen.”

______

Rep. Angerer moved that Reps. Lipton and Gonzales be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Rep. Angerer moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Angerer moved that the Committee on Banking and Financial Services be discharged from further consideration of Senate Bill No. 462.

The motion prevailed, a majority of the members serving voting therefor.

The bill was placed on the order of Second Reading of Bills.

Second Reading of Bills

Senate Bill No. 462, entitled

A bill to provide for the licensing of mortgage loan originators; to regulate the business practices of mortgage loan originators; to establish certain obligations of employees and principals of mortgage loan originators; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies and prescribe penalties.

The bill was read a second time.

Rep. Angerer 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. Hildenbrand moved that Rep. Elsenheimer be excused from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 462, entitled

A bill to provide for the licensing of mortgage loan originators; to regulate the business practices of mortgage loan originators; to establish certain obligations of employees and principals of mortgage loan originators; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies and prescribe penalties.

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

Roll Call No. 367 Yeas—105

Agema Ebli LeBlanc Roberts

Angerer Espinoza Leland Rocca

Ball Geiss Lemmons Rogers

Barnett Genetski Lindberg Schmidt, R.

Bauer Green Liss Schmidt, W.

Bennett Gregory Lori Schuitmaker

Bledsoe Griffin Lund Scott, B.

Bolger Haase Marleau Scott, P.

Booher Haines Mayes Scripps

Brown, L. Hammel McDowell Segal

Brown, T. Hansen McMillin Sheltrown

Byrnes Haugh Meadows Simpson

Byrum Haveman Meekhof Slavens

Calley Hildenbrand Melton Slezak

Caul Horn Meltzer Smith

Clemente Huckleberry Miller Spade

Constan Jackson Moore Stamas

Corriveau Johnson Moss Stanley

Coulouris Jones, Rick Nathan Switalski

Crawford Jones, Robert Nerat Tlaib

Daley Kandrevas Neumann Tyler

Dean Kennedy Opsommer Valentine

Denby Knollenberg Pavlov Walsh

DeShazor Kowall Pearce Warren

Dillon Kurtz Polidori Womack

Donigan Lahti Proos Young

Durhal

Nays—1

Amash

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.

______

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:

SB’s 462-465 were discharged directly to the floor from the House Standing Committee on Banking and Financial Services. The committee was not afforded an opportunity to vote, and there was no time to discuss this package of bills (totaling 87 pages) with interested parties. Without having had a reasonable opportunity to analyze the implications of these bills, I cannot support the passage of this package of bills at this time.”

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Angerer moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Angerer moved that the Committee on Banking and Financial Services be discharged from further consideration of Senate Bill No. 463.

The motion prevailed, a majority of the members serving voting therefor.

The bill was placed on the order of Second Reading of Bills.

Second Reading of Bills

Senate Bill No. 463, entitled

A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending the title and sections 1a, 2, 8, 10, 11, 12, 14, 29, and 33 (MCL 445.1651a, 445.1652, 445.1658, 445.1660, 445.1661, 445.1662, 445.1664, 445.1679, and 445.1683), the title as amended by 2008 PA 66, section 1a as amended by 2009 PA 13, section 2 as amended by 2008 PA 328, section 8 as amended by 2008 PA 326, section 10 as amended by 2008 PA 69, sections 11 and 12 as amended by 2008 PA 62, section 14 as amended by 2008 PA 63, section 29 as amended by 2008 PA 529, and section 33 as amended by 2008 PA 324; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Angerer 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

Senate Bill No. 463, entitled

A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending the title and sections 1a, 2, 8, 10, 11, 12, 14, 29, and 33 (MCL 445.1651a, 445.1652, 445.1658, 445.1660, 445.1661, 445.1662, 445.1664, 445.1679, and 445.1683), the title as amended by 2008 PA 66, section 1a as amended by 2009 PA 13, section 2 as amended by 2008 PA 328, section 8 as amended by 2008 PA 326, section 10 as amended by 2008 PA 69, sections 11 and 12 as amended by 2008 PA 62, section 14 as amended by 2008 PA 63, section 29 as amended by 2008 PA 529, and section 33 as amended by 2008 PA 324; and to repeal acts and parts of acts.

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

Roll Call No. 368 Yeas—105

Agema Ebli LeBlanc Roberts

Angerer Espinoza Leland Rocca

Ball Geiss Lemmons Rogers

Barnett Genetski Lindberg Schmidt, R.

Bauer Green Liss Schmidt, W.

Bennett Gregory Lori Schuitmaker

Bledsoe Griffin Lund Scott, B.

Bolger Haase Marleau Scott, P.

Booher Haines Mayes Scripps

Brown, L. Hammel McDowell Segal

Brown, T. Hansen McMillin Sheltrown

Byrnes Haugh Meadows Simpson

Byrum Haveman Meekhof Slavens

Calley Hildenbrand Melton Slezak

Caul Horn Meltzer Smith

Clemente Huckleberry Miller Spade

Constan Jackson Moore Stamas

Corriveau Johnson Moss Stanley

Coulouris Jones, Rick Nathan Switalski

Crawford Jones, Robert Nerat Tlaib

Daley Kandrevas Neumann Tyler

Dean Kennedy Opsommer Valentine

Denby Knollenberg Pavlov Walsh

DeShazor Kowall Pearce Warren

Dillon Kurtz Polidori Womack

Donigan Lahti Proos Young

Durhal

Nays—1

Amash

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 define and regulate mortgage brokers, mortgage lenders, and mortgage servicers and their loan officers; to prescribe the powers and duties of certain public officers and agencies; to provide for the promulgation of rules; and to provide remedies and penalties,”

The House agreed to the full title.

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 that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Angerer moved that the Committee on Banking and Financial Services be discharged from further consideration of Senate Bill No. 464.

The motion prevailed, a majority of the members serving voting therefor.

The bill was placed on the order of Second Reading of Bills.

Second Reading of Bills

Senate Bill No. 464, entitled

A bill to amend 1981 PA 125, entitled “The secondary mortgage loan act,” by amending the title and sections 1, 2, 6, 6a, 6b, 11, 13, 20, 22, and 27 (MCL 493.51, 493.52, 493.56, 493.56a, 493.56b, 493.61, 493.63, 493.70, 493.72, and 493.77), the title and sections 2, 6, 6a, 6b, 11, 13, 20, and 22 as amended by 2008 PA 325, section 1 as amended by 2009 PA 14, and section 27 as amended by 2008 PA 530; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Angerer 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

Senate Bill No. 464, entitled

A bill to amend 1981 PA 125, entitled “The secondary mortgage loan act,” by amending the title and sections 1, 2, 6, 6a, 6b, 11, 13, 20, 22, and 27 (MCL 493.51, 493.52, 493.56, 493.56a, 493.56b, 493.61, 493.63, 493.70, 493.72, and 493.77), the title and sections 2, 6, 6a, 6b, 11, 13, 20, and 22 as amended by 2008 PA 325, section 1 as amended by 2009 PA 14, and section 27 as amended by 2008 PA 530; and to repeal acts and parts of acts.

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

Roll Call No. 369 Yeas—105

Agema Ebli LeBlanc Roberts

Angerer Espinoza Leland Rocca

Ball Geiss Lemmons Rogers

Barnett Genetski Lindberg Schmidt, R.

Bauer Green Liss Schmidt, W.

Bennett Gregory Lori Schuitmaker

Bledsoe Griffin Lund Scott, B.

Bolger Haase Marleau Scott, P.

Booher Haines Mayes Scripps

Brown, L. Hammel McDowell Segal

Brown, T. Hansen McMillin Sheltrown

Byrnes Haugh Meadows Simpson

Byrum Haveman Meekhof Slavens

Calley Hildenbrand Melton Slezak

Caul Horn Meltzer Smith

Clemente Huckleberry Miller Spade

Constan Jackson Moore Stamas

Corriveau Johnson Moss Stanley

Coulouris Jones, Rick Nathan Switalski

Crawford Jones, Robert Nerat Tlaib

Daley Kandrevas Neumann Tyler

Dean Kennedy Opsommer Valentine

Denby Knollenberg Pavlov Walsh

DeShazor Kowall Pearce Warren

Dillon Kurtz Polidori Womack

Donigan Lahti Proos Young

Durhal

Nays—1

Amash

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 regulate secondary mortgage loans; to regulate secondary mortgage brokers, lenders, servicers, and loan officers; to prescribe powers and duties of certain state agencies and officials; to require certain fees; to provide for the establishment of a revolving fund; to provide for the promulgation of rules; and to provide remedies and prescribe penalties,”

The House agreed to the full title.

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 that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Angerer moved that the Committee on Banking and Financial Services be discharged from further consideration of Senate Bill No. 465.

The motion prevailed, a majority of the members serving voting therefor.

The bill was placed on the order of Second Reading of Bills.

Second Reading of Bills

Senate Bill No. 465, entitled

A bill to amend 1988 PA 161, entitled “Consumer financial services act,” by amending section 9 (MCL 487.2059), as amended by 2009 PA 12.

The bill was read a second time.

Rep. Angerer 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

Senate Bill No. 465, entitled

A bill to amend 1988 PA 161, entitled “Consumer financial services act,” by amending section 9 (MCL 487.2059), as amended by 2009 PA 12.

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

Roll Call No. 370 Yeas—105

Agema Ebli LeBlanc Roberts

Angerer Espinoza Leland Rocca

Ball Geiss Lemmons Rogers

Barnett Genetski Lindberg Schmidt, R.

Bauer Green Liss Schmidt, W.

Bennett Gregory Lori Schuitmaker

Bledsoe Griffin Lund Scott, B.

Bolger Haase Marleau Scott, P.

Booher Haines Mayes Scripps

Brown, L. Hammel McDowell Segal

Brown, T. Hansen McMillin Sheltrown

Byrnes Haugh Meadows Simpson

Byrum Haveman Meekhof Slavens

Calley Hildenbrand Melton Slezak

Caul Horn Meltzer Smith

Clemente Huckleberry Miller Spade

Constan Jackson Moore Stamas

Corriveau Johnson Moss Stanley

Coulouris Jones, Rick Nathan Switalski

Crawford Jones, Robert Nerat Tlaib

Daley Kandrevas Neumann Tyler

Dean Kennedy Opsommer Valentine

Denby Knollenberg Pavlov Walsh

DeShazor Kowall Pearce Warren

Dillon Kurtz Polidori Womack

Donigan Lahti Proos Young

Durhal

Nays—1

Amash

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 regulate the providing of certain consumer financial services; to provide for licensing of certain financial institutions; to prescribe powers and duties of certain state departments and agencies; to prohibit certain activities; and to provide for remedies and penalties,”

The House agreed to the full title.

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

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

______

Rep. Cushingberry entered the House Chambers.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Walsh, Agema, Byrnes, Denby, Genetski, Haines, Hildenbrand, Rick Jones, Lahti, LeBlanc, Lund, Meekhof, Meltzer, Schuitmaker, Sheltrown, Tyler, Hansen, Knollenberg, Kowall, Leland, Marleau and Rocca offered the following resolution:

House Resolution No. 124.

A resolution to memorialize the United States Congress to enact the Automobile Dealer Economic Rights Restoration Act of 2009.

Whereas, Automobile dealers are an asset to automobile manufacturers that make it possible to penetrate communities and sell automobiles nationally. In addition, consumers benefit from greater choice, better service, and competitive prices when the automotive dealership marketplace is driven by competition and where government policy creates a fair free market environment based on performance, instead of politics; and

Whereas, The economic health of neighboring businesses and restaurants depend on the viability of automobile dealerships. Dealerships have long stood as part of the fabric of a community by serving customers, providing jobs, contributing to local charities, and participating in civic groups and activities; and

Whereas, Automobile manufacturers obtain benefits from having a national dealer network at no material cost to the manufacturers. Historically, automobile dealers have had franchise agreement protections under state law. In Michigan, for example, the provisions of 1981 PA 118 regulate the interaction between automobile manufacturers and dealers; now, therefore, be it

Resolved by the House of Representatives, That we hereby memorialize the United States Congress to enact the Automobile Dealer Economic Rights Restoration Act of 2009 (H.R. 2796); and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Commerce.

Reps. Bennett, Gonzales, Byrnes, Kandrevas, Neumann, Hammel, Proos, Booher, Horn, Spade, Womack, Polidori, Roy Schmidt, Tlaib, Bettie Scott, McDowell, Dean, Meadows, Bauer, Terry Brown, Constan, Donigan, Geiss, Lahti, LeBlanc, Lemmons, Liss, Mayes, Meltzer, Scripps, Sheltrown, Smith, Switalski, Valentine, Hansen, Leland, Marleau and Rocca offered the following resolution:

House Resolution No. 125.

A resolution to memorialize the United States Congress to appropriate $475 million for a Great Lakes Restoration Initiative.

Whereas, The Great Lakes contain more than 18 percent of the world’s, and more than 90 percent of North America’s, fresh surface water and provide drinking water to more than 9 million Michigan residents; and

Whereas, Michigan and its economy are defined by the Great Lakes and depend on its abundance of freshwater for manufacturing, tourism, fishing, public water supplies, agriculture, and numerous other uses. The Great Lakes provide Michigan with 823,000 jobs that represent nearly 25 percent of Michigan’s payroll; and

Whereas, The health of the Great Lakes is jeopardized by threats such as toxic contamination, wetlands degradation, sewage overflows, and invasive species. Inaction or delay in confronting these threats will make the problems worse and the solutions more costly; and

Whereas, Regional and state restoration plans are ready for implementation to address these threats. The Great Lakes Regional Collaboration proposed a multi-year strategy of implementable solutions to restore and protect the Great Lakes and to overcome the hurdles facing them. The Michigan Great Lakes Plan provides a framework for protecting, restoring, and sustaining Michigan’s Great Lakes; and

Whereas, There is bipartisan support for dedicating $475 million in federal money to initiate a multi-year effort to protect and restore our Great Lakes, consistent with the Great Lakes Regional Collaboration Strategy’s recommendations. The proposed Great Lakes Restoration Initiative will fund on-the-ground work to cleanup toxic hotspots, restore habitat, and combat invasive species; and

Whereas, A substantial investment in the Great Lakes system’s health will create jobs and improve Michigan’s quality of life. In 2008, Michigan Sea Grant determined that a $25 billion investment in the Great Lakes Regional Collaboration Strategy would create $7 billion to $13 billion in short-term economic gains for Michigan from increases in tourism, the fishing industry, and recreational activity, reduced costs to municipalities, and increased property values in coastal areas; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress to appropriate the $475 million called for in President Obama’s FY 2010 budget for a Great Lakes Restoration Initiative that will provide the economic investment and revitalization that the Great Lakes need; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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

Reps. Warren, Scripps, Smith, Barnett, Dean, Bauer, Byrnes, Constan, Donigan, LeBlanc, Lemmons, Liss, Neumann, Polidori, Switalski, Valentine, Lisa Brown and Leland offered the following resolution:

House Resolution No. 126.

A resolution to memorialize the United States Congress to enact the American Clean Energy and Security Act.

Whereas, The United States is currently facing historic energy and climate challenges, particularly in regards to climate change. Carbon dioxide emitted from coal-fired power plants and automobile tail pipes is warming the environment and threatening to wreak havoc on our climate, our environment, and our entire way of life. Federal government action on climate change is long overdue; and

Whereas, The Clean Energy and Security Act of 2009, introduced in the U.S. House of Representatives, lays the foundation for solving America’s energy and climate challenges. The act would increase the use of renewable energy, spur the development of a “smart” power grid, promote electric vehicles, and require the implementation of energy efficiency measures. Most importantly, the act would reduce global warming pollution by putting firm limits on how much carbon dioxide can be emitted into the air. The Clean Energy and Security Act will put Americans back to work building, delivering, and installing the systems and technologies that will help us meet our climate and energy challenges; and

Whereas, The federal government must act quickly to develop and implement a clear climate policy. We are in a climate crisis that requires strong preventative and corrective measures. The Clean Energy and Security Act of 2009 is an important first step in moving the country to a much needed and sustainable green economy; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the United States Congress to enact the American Clean Energy and Security Act; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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

Reps. Horn, Proos, Kowall, Green, Knollenberg, Crawford, Polidori, Walsh, Meekhof, Stamas, McMillin, Wayne Schmidt, Booher, Paul Scott, Ball, Meltzer, DeShazor, Daley, Pavlov, Bolger, Dean, Lori, Opsommer, Pearce, Tyler, Agema, Schuitmaker, Hildenbrand, Lund, Genetski, LeBlanc, Smith and Hansen offered the following resolution:

House Resolution No. 127.

A resolution to memorialize Congress to provide that every public employee, including every elected official, must live under the provisions of whatever “public option” for health care emerges from ongoing discussions to overhaul health care in this country.

Whereas, Discussions are being held in Washington over ways to change our health care delivery system and contain costs. While there is agreement that some method of meaningful reform is long overdue, it is of great concern to all Michigan residents that some of these changes make take away choice of health care providers or ration health care; and

Whereas, While there are many factors that have contributed to the escalating costs of health care in our country, it probably has not helped that, in health care, as with so many other things, the people who make the laws do not always have to follow the same strictures in their own lives. The health care coverage afforded members of Congress, for example, is far different than that available to most Americans. The economic realities confronting main street businesses are similarly removed in most situations from those found in the halls of government; and

Whereas, Whenever there is a disconnect between making policy and having to live under the requirements of that policy, there is the potential for a lack of true understanding of how the policy works and to what extent it impacts the daily life of a person, family, organization, or business. Clearly, in the case of such a fundamental issue as health care, it would be wise to ensure that those who create any new public option are personally affected; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress to provide that every public employee, including every elected official, must live under the provisions of whatever “public option” for health care emerges from ongoing discussions to overhaul health care in this country; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Health Policy.

Reps. Tyler, Kowall, Hansen, Lori, Simpson, Constan, Hildenbrand, Horn, Rick Jones, Lahti, LeBlanc, Lund, Meekhof, Meltzer, Proos, Schuitmaker, Booher and Marleau offered the following resolution:

House Resolution No. 128.

A resolution to memorialize the President and Congress to resolve the Mexican trucking dispute that has resulted in higher tariffs on United States goods being exported to Mexico.

Whereas, Agriculture in Michigan contributes over $71 billion dollars to the state’s economy and provides thousand of jobs. Tariffs imposed on agricultural products directly impact Michigan’s already struggling economy; and

Whereas, A federal pilot program was established to allow a small number of Mexican trucks to transport goods in the United States and was viewed as a step forward in establishing a more long-term, stable international trucking policy. Congress acted to eliminate this program, which directly resulted in Mexico establishing tariffs on roughly 90 products that represent nearly $2.4 billion in annual export revenue; and

Whereas, The North American Free Trade Agreement (NAFTA) is designed to promote free trade opportunities. The United States, as a member of NAFTA, has an obligation to uphold the principals of this treaty. Recent actions taken by the President and Congress have weakened the effectiveness of this treaty; and

Whereas, Each day that passes without a resolution to this issue is another day of lost revenue for American and Michigan farmers. Mexico has indicated that it may increase tariffs on other products if this issue is not resolved. Michigan and the country as a whole cannot afford to allow this to happen.

Resolved by the House of Representatives, That we memorialize the President and Congress to resolve the Mexican trucking dispute; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Commerce.

Reps. Terry Brown, Bauer, Constan, Dean, Donigan, Geiss, Haugh, Lahti, Lemmons, Liss, Mayes, Meltzer, Neumann, Polidori, Sheltrown, Smith, Spade, Valentine, Leland, Marleau, Rocca, Rogers and Stanley offered the following resolution:

House Resolution No. 129.

A resolution to urge the Federal Emergency Management Agency to allow additional time and flexibility for property owners in Michigan to comply with new flood insurance requirements.

Whereas, Under the National Flood Insurance Program (NFIP), most property owners must purchase flood insurance if their property is located within a mapped floodplain. The Federal Emergency Management Agency (FEMA) conducts studies and publishes maps used to determine if a property is within the floodplain; and

Whereas, FEMA is pursuing an initiative throughout Michigan to produce maps for the first time in many areas and revise existing floodplain maps in other areas. The new and revised maps would increase the amount of land within the floodplain. Consequently, a significant number of additional residences and businesses will fall within mandatory flood insurance areas; and

Whereas, FEMA has provided poor notice of the completion of new floodplain maps in Michigan and given communities insufficient time to apply for participation in the NFIP. Poorly timed and inadequate outreach to local communities about the new floodplain maps, the process for communities to participate in the NFIP, and the consequences for choosing not to participate have left communities scrambling to comply with participation requirements while property owners risk losing their homes; and

Whereas, Property owners have not been given enough time to appeal their homes placement in the floodplain. The new and revised maps inaccurately place many properties in the floodplain and do not contain vital information needed to appeal the maps. Base flood elevations have not been established for many areas and the process for receiving a state determination of these elevations is significantly backlogged; and

Whereas, The result of these problems is significant conflicts and confusion that create a potential nightmare for property owners and place them unnecessarily at risk of losing their homes. Homeowners must purchase flood insurance by a certain date but cannot purchase national flood insurance until their community completes the process of applying for participation in the NFIP. In addition, homeowners cannot appeal errors on the new or revised maps and be granted a Letter of Map Amendment (LOMA) until a base flood elevation is established but will lose their mortgage before they can receive a state elevation determination; now therefore be it

Resolved by the House of Representatives, That we urge the Federal Emergency Management Agency to provide additional time and flexibility for property owners in the state of Michigan to appeal or comply with new flood insurance requirements when they need to apply for a LOMA, when a local unit of government is in the process of applying for participation in the National Flood Insurance Program, or while property owners seek a base flood elevation determination to support their application for a LOMA; and be it further

Resolved, That copies of this resolution be transmitted to the Federal Emergency Management Agency and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Commerce.

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 Wednesday, July 15:

House Bill Nos. 5168 5169 5170 5171 5172 5173 5174 5175 5176 5177 5178 5179 5180 5181

5182 5183 5184 5185 5186 5187 5188 5189 5190 5191 5192 5193 5194 5195

5196 5197 5198 5199 5200 5201

House Joint Resolution Y

The Clerk announced that the following Senate bills had been received on Wednesday, July 15:

Senate Bill Nos. 48 528

Reports of Standing Committees

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

House Bill No. 4632, entitled

A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 2 (MCL 207.842), as amended by 2008 PA 500.

With the recommendation that the bill be referred to the Committee on Urban Policy.

Favorable Roll Call

To Report Out:

Yeas: Reps. Robert Jones, Roy Schmidt, Byrum, Haase, Haugh, Huckleberry, Lemmons, Nerat, Hansen, Meltzer, Opsommer and Walsh

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Urban Policy.

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, July 15, 2009

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

Absent: Reps. Clemente, Sheltrown and Meekhof

Excused: Reps. Clemente, Sheltrown and Meekhof

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

House Bill No. 4325, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding sections 14, 14a, 14b, 14c, and 14d.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: Rep. Amash

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

House Bill No. 4326, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2002 PA 124.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 4, line 23, after “A” by inserting “FELONY”.

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

Favorable Roll Call

To Report Out:

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

Nays: Rep. Amash

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

House Bill No. 4730, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 4a, 33b, and 64a (MCL 780.754a, 780.783b, and 780.814a), as added by 2004 PA 456.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 4731, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 5 (MCL 445.65), as amended by 2006 PA 246.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 4732, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 12c.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: Reps. Amash and Kowall

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

House Bill No. 4733, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 12d.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren and Rocca

Nays: Reps. Schuitmaker, Amash, Haveman, Rick Jones and Kowall

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

House Bill No. 4734, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 12a (MCL 445.72a), as added by 2006 PA 566.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 4735, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 11a.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 4736, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1a of chapter IX (MCL 769.1a), as amended by 1998 PA 231, and by adding section 30 to chapter IV.

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

Nays: None

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

House Bill No. 4737, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 4a, 16, 33b, 44, 64a, and 76 (MCL 780.754a, 780.766, 780.783b, 780.794, 780.814a, and 780.826), sections 4a, 33b, and 64a as added by 2004 PA 456 and sections 16, 44, and 76 as amended by 2005 PA 184.

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

Nays: None

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

House Bill No. 4738, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 30 and 31 of chapter XIIA (MCL 712A.30 and 712A.31), as amended by 1996 PA 561.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, July 15, 2009

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

Absent: Rep. Lipton

Excused: Rep. Lipton

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, July 15, 2009

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, July 15, 2009

Present: Reps. Byrum, Young, Constan, Lemmons, Polidori, Segal, Womack, Denby, Green, Haveman, Lund, Moore and Rocca

Absent: Reps. Lipton, Neumann, Sheltrown and Marleau

Excused: Reps. Lipton, Neumann, Sheltrown and Marleau

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, July 15, 2009

Present: Reps. Ebli, Melton, Barnett, Coulouris, Robert Jones, Kandrevas, Mayes, Slezak, Warren, Calley, Kowall, Lund, Stamas and Walsh

Absent: Reps. Lipton, Meekhof and Meltzer

Excused: Reps. Lipton and Meekhof

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, July 15, 2009

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. Neumann, Chair, of the Committee on Senior Health, Security, and Retirement, was received and read:

Meeting held on: Wednesday, July 15, 2009

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

Absent: Rep. Constan

Excused: Rep. Constan

Messages from the Senate

House Bill No. 4053, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 77.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

Senate Bill No. 237, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Brown, Jelinek and Scott as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 243, entitled

A bill to make appropriations for the department of energy, labor, and economic growth and certain other state purposes for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Jansen, George and Scott as conferees.

The message was referred to the Clerk for record.

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 nonconcurred in the House substitute (H-1) and appointed Senators Pappageorge, Jansen and Cherry as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 247, entitled

A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators George, Brown and Clark-Coleman as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 248, entitled

A bill to make appropriations for the department of human services and certain state purposes related to public welfare services for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

The Senate has nonconcurred in the House substitute (H-4) and appointed Senators Hardiman, Kahn and Scott as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 249, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2010; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain state and local departments, officials, and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Cropsey, Kahn and Brater as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 250, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Garcia, Cropsey and Barcia as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 254, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2010; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Hardiman, Cropsey and Anderson as conferees.

The message was referred to the Clerk for record.

Notices

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

House Bill No. 5169 referred to the Committee on Intergovernmental and Regional Affairs on July 15, 2009.

House Bill No. 5170 referred to the Committee on Intergovernmental and Regional Affairs on July 15, 2009.

House Bill No. 5171 referred to the Committee on Intergovernmental and Regional Affairs on July 15, 2009.

House Bill No. 5172 referred to the Committee on Intergovernmental and Regional Affairs on July 15, 2009.

House Bill No. 5173 referred to the Committee on Intergovernmental and Regional Affairs on July 15, 2009.

Introduction of Bills

Reps. Hansen, Stamas, Green, Sheltrown, Polidori, Horn, Clemente, Slezak, Pearce, Booher, Meekhof, DeShazor, Walsh, Moss, Hammel, Terry Brown, Espinoza, Mayes, Simpson, McDowell, Haveman, Knollenberg, Bolger, Calley, Dean, Proos and Opsommer introduced

House Bill No. 5202, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 3 (MCL 125.2683), as amended by 2008 PA 217, and by adding section 8g.

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

Rep. Rick Jones introduced

House Bill No. 5203, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2006 PA 605.

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

Announcements by the Clerk

June 29, 2009

Received from the Legislative Commission on Statutory Mandates, the Legislative Commission on Statutory Mandates June 2009 Interim Report, pursuant to Public Act 356 of 2008.

Richard J. Brown

Clerk of the House

July 14, 2009

Received from the Auditor General a copy of the following audit report and/or report summary:

Performance audit of the Advanced Purchasing and Inventory Control System (ADPICS), Department of Management and Budget, Office of the State Budget, and Michigan Department of Information Technology, July 2009.

Richard J. Brown

Clerk of the House

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 48, entitled

A bill to amend 1911 PA 209, entitled “An act to adopt and prescribe the design of a state coat-of-arms and state flag, and their use, and to prohibit the use of the same for advertising purposes, and to provide a punishment for such forbidden use,” (MCL 2.21 to 2.27) by adding section 2a.

The Senate has passed the bill.

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

Senate Bill No. 528, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20153.

The Senate has passed the bill.

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

Senate Concurrent Resolution No. 14.

A concurrent resolution to urge President Obama to grant Michigan a waiver from federal matching requirements for federal-aid highway projects.

Whereas, The condition of Michigan’s roads and infrastructure is deteriorating rapidly as dollars for construction and improvements dwindle. The Michigan Asset Management Council reports that the percentage of roads in poor condition increased from 25 percent in 2007 to 32 percent in 2008. This represents more than 17,378 lane miles of federal-aid-eligible roads. The costs of this continued deterioration are significant. In 2004, it would have cost about $3.7 billion to bring all poor and fair federal-aid roads up to a good rating. Four years later, it would have cost $7.2 billion, almost double what it would have cost in 2004. This represents $3.5 billion in lost value of our road assets. Allowing this trend to continue will have significant financial and economic effects on the state economy, which has been mired in a recession since 2002; and

Whereas, Michigan is facing a crisis in infrastructure funding exacerbated by rising inflation in materials costs and a decline in fuel tax revenue due to spikes in gas prices, reduced travel, improvements in gas mileage, and the slow economy. Last year, Governor Granholm’s Transportation Funding Task Force recommended raising transportation-related taxes and fees by over $3 billion. If not, the Michigan Department of Transportation will lose almost $600 million in federal aid beginning in 2011, and $1.9 billion between 2011 and 2013. Losing those funds would greatly reduce highway improvement projects and cost the state an estimated 17,000 jobs; and

Whereas, Since the mid-1950s, when the interstate highway system was created, Michigan has been a “donor” state for transportation dollars, contributing a greater proportionate share to the Federal Highway Trust Fund than the share of federal transportation funds returned to Michigan. Currently, Michigan receives 92 percent of the share of the federal tax revenue that the state generates; and

Whereas, Granting Michigan a waiver from the federal matching requirement, much like the Obama Administration provided to every state under the American Recovery and Reinvestment Act of 2009, would help to alleviate the need for massive fuel and vehicle registration fee increases, act to stimulate the economy, and further diversify the state economy by attracting new businesses. Michigan Representative Candice Miller recognized this need when she recently introduced H.R. 3102 in Congress, a bill to increase the federal share of costs for transportation projects for the state of Michigan; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge President Obama to grant Michigan a waiver from federal matching requirements for federal-aid highway projects; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the United States Department of Transportation, and members of the Michigan congressional delegation.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Transportation.

Senate Concurrent Resolution No. 15.

A concurrent resolution urging the United States Congress to enact legislation to waive for two years the requirement that Michigan match federal highway funds.

Whereas, The Michigan Department of Transportation (MDOT) has recently eliminated or delayed 134 road and bridge preservation projects from its 2009-2013 Five-Year Program, totaling $740 million. The department’s decision is based on the unfortunate reality that the state can no longer afford the required 20 percent matching funds; and

Whereas, MDOT announced that, by 2011, it will be forced to return $576 million in federal aid because the state is no longer in the financial position to provide the federally required 20 percent match, or $102 million. This disastrous scenario gets even worse as projected shortfalls to the highway and maintenance program are $111 million in FY 2012 and $124 million in FY 2013; and

Whereas, Michigan continues to have the highest unemployment rate in the nation at 14.1 percent. In addition, Michigan is the only state in the country to have surpassed the average national unemployment rate by 40 percent over the past 24 months. If the state is unable to sustain the current level of transportation investment, MDOT estimates that more than 17,000 additional jobs are at risk; and

Whereas, Over the past decade, Michigan has lost more than 350,000 manufacturing jobs. Consequently, the state ranking in per-capita income has fallen dramatically, from sixteenth to thirty-third. At the present, the state’s per capita income is 11 percent below the national average, the lowest figure since the federal government started compiling the data in 1929; and

Whereas, Since the 1950s, Michigan has been a federal funding “donor” state, receiving less in federal funds than it collects through the 18.4 cent per gallon federal motor fuel excise tax. Under the current federal highway authorization act, this disparity in the distribution of highway funds continues. Implausibly, Michigan receives 92 cents on every $1 it sends to Washington, D.C; and

Whereas, Under the American Recovery and Reinvestment Act of 2009, Congress waived the state matching grant requirement in order to stimulate the economy by putting people back to work. During these nearly unprecedented economic times in Michigan, this waiver needs to be applied to the allocation of federal highway funds, particularly since Michigan has been subsidizing other states’ roads for half a century; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the United States Congress to enact legislation to waive for two years the requirement that Michigan match federal highway funds; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the Speaker of the United States House of Representatives, the Majority Leader of the United States Senate, the United States Department of Transportation, and members of the Michigan congressional delegation.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Transportation.

Senate Concurrent Resolution No. 16.

A concurrent resolution to implore Governor Granholm to convince President Obama to grant Michigan a two-year waiver from federal matching requirements for federal-aid bridge and highway projects.

Whereas, Fifty-five years ago, General Motors’ share of the domestic automobile market was almost 55 percent. The company’s current home market share has dwindled to 19.6 percent, a drop of almost 2 percent within the last year alone. Over the past year, General Motors sales have fallen over 40 percent, from 1.5 million vehicles to 940,000 vehicles. Over the same period, Ford vehicle sales have fallen 32.7 percent, from 1.1 million to 743,000 vehicles; and Chrysler vehicle sales have fallen 45.7 percent, from 867,000 to 471,000 vehicles; and

Whereas, The Michigan economy has been devastated by the collapse of the domestic automobile industry. Within the past few years, the state has lost more than 700,000 auto industry-related jobs. It is expected that by the end of the decade, Michigan will have lost 1 million jobs. Of the 49 metropolitan areas in the county with over 1 million people, the Detroit-Warren-Livonia metropolitan area reported the highest unemployment rate in May 2009 at 14.9 percent. The two divisions that comprise this metropolitan area registered the highest jobless rates in the nation: Detroit-Livonia-Dearborn at 16 percent and Warren-Troy-Farmington Hills at 14.1 percent. Further, over the past year, Warren-Troy-Farmington Hills and Detroit-Livonia-Dearborn experienced the largest unemployment increases in the country (increasing by 6.7 and 6.4 percentage points, respectively). Unfortunately, the near future economic forecast is not promising as the statewide unemployment rate is expected to climb to 16.9 percent in 2010; and

Whereas, The disintegration of the domestic automobile industry is having a cascading effect on counties, cities, and villages. It has been projected that local governments are about to go through at least a decade where two-thirds of their principal revenue sources—property taxes—will not increase. In fact, the absolute dollar amount collected in property taxes in 2008 will not reach the same level of dollars collected until probably 2020 or 2022; and

Whereas, One of the key provisions of the American Recovery and Reinvestment Act (ARRA) of 2009, which apportioned $873 million to Michigan, is that the federal government waived the 20 percent local match requirement for eligible state and local road and bridge projects. However, Michigan has billions in unmet state and local transportation infrastructure needs that will require the 20 percent match requirement. By waiving the local match requirement for two years, thousands of new road and bridge construction jobs will be created, which will not only assist our ailing local governments, but improve our critical state infrastructure; now, therefore, be it

Resolved by the Senate (the House of Representative concurring), That we implore Governor Granholm to convince President Obama to grant Michigan a two-year waiver from federal matching requirements for federal-aid bridge and highway projects; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the United States Department of Transportation, and the members of the Michigan congressional delegation.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Transportation.

______

Rep. Kandrevas moved that the House adjourn.

The motion prevailed, the time being 4:35 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, July 16, at 12:00 Noon.

RICHARD J. BROWN

Clerk of the House of Representatives

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