No. 35

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Tuesday, April 20, 2010.

1:30 p.m.

The House was called to order by the Speaker Pro Tempore.

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

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

Amash—present Ebli—excused 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—present 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. Dan Scripps, from the 101st District, offered the following invocation:

“This invocation is based on a prayer of confession I recently came across in the church into which I was baptized.

Father, too often when You ask for our hands to use for Your purposes, we give them for a moment and then withdraw when the work gets hard. When You ask for our mouths to speak out against injustice, we give the merest whisper so that we may not be accused of doing nothing. When You ask for our eyes to see the pain of poverty, of hunger, of human suffering, we look away for we do not want to know. When You ask for our hearts to forgive and to love, we choose to love only those who love us back, forgive only those easy to forgive, and judge, hate or ignore the rest. When You ask for our lives that You might work through us, we give You but a portion, hoarding the rest away from You for our own selfish and prideful purposes. Lord, forgive us for serving You only when it is convenient to do so… Only in places where it is safe to do so… Only with those who make it easy to do so. Let us instead use the gifts You have given us to ensure that Your will is done, on earth as it is in Heaven. We ask this in Your name. Amen.”

______

Rep. Segal moved that Reps. Cushingberry and Ebli be excused from today’s session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4370, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320a (MCL 257.320a), as amended by 2008 PA 463.

(The bill was received from the Senate on March 25, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 13, see House Journal No. 31, p. 471.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 140 Yeas—101

Agema Elsenheimer LeBlanc Proos

Amash Espinoza Leland Roberts

Angerer Geiss Lemmons Rocca

Ball Genetski Lindberg Rogers

Barnett Gonzales Lipton Schmidt, R.

Bauer Green Liss Schmidt, W.

Bennett Gregory Lori Schuitmaker

Bledsoe Griffin Lund Scott, P.

Bolger Haase Marleau Scripps

Booher Haines Mayes Segal

Brown, L. Hammel McDowell Sheltrown

Brown, T. Hansen McMillin Slavens

Byrnes Haugh Meadows Slezak

Byrum Haveman Meekhof Smith

Calley Hildenbrand Melton Spade

Clemente Horn Meltzer Stamas

Constan Huckleberry Miller Stanley

Corriveau Jones, Rick Moore Switalski

Coulouris Jones, Robert Moss Tlaib

Crawford Kandrevas Nerat Tyler

Daley Kennedy Neumann Valentine

Dean Knollenberg Opsommer Walsh

Denby Kowall Pavlov Warren

DeShazor Kurtz Pearce Womack

Dillon Lahti Polidori Young

Donigan

Nays—6

Caul Jackson Nathan Scott, B.

Durhal Johnson

In The Chair: Byrnes

The House agreed to the full title.

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

The Speaker laid before the House

House Bill No. 4394, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 602b.

(The bill was received from the Senate on March 25, with substitute (S-5), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 13, see House Journal No. 31, p. 471.)

The question being on concurring in the substitute (S-5) made to the bill by the Senate,

Rep. Horn moved to amend the Senate substitute (S-5) as follows:

1. Amend page 2, following line 13, by inserting:

(3) ENFORCEMENT OF THIS SECTION BY STATE OR LOCAL LAW ENFORCEMENT AGENCIES SHALL BE ACCOMPLISHED ONLY AS A SECONDARY ACTION WHEN THE OPERATOR OF A MOTOR VEHICLE HAS BEEN DETAINED FOR A SUSPECTED VIOLATION OF ANOTHER SECTION OF THIS ACT.” and renumbering the remaining subsections.

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

Rep. McMillin moved to amend the Senate substitute (S-5) as follows:

1. Amend page 2, following line 13, by inserting:

(E) ENTER, SEND, OR TRANSMIT NOT MORE THAN 10 CHARACTERS.”.

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

Rep. Amash moved to amend the Senate substitute (S-5) as follows:

1. Amend page 2, following line 27, by inserting:

(5) A LAW ENFORCEMENT AGENCY SHALL NOT OBTAIN TELEPHONE, CELLULAR TELEPHONE, E-MAIL, TEXT COMMUNICATION, OR OTHER ELECTRONIC COMMUNICATIONS RECORDS, MESSAGES, OR ANY DATA ASSOCIATED WITH A VIOLATION OR ALLEGED VIOLATION OF THIS SECTION FOR USE AS EVIDENCE IN A PROSECUTION UNDER THIS SECTION.”.

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

Rep. McMillin moved to amend the Senate substitute (S-5) as follows:

1. Amend page 2, following line 13, by inserting:

(3) ENFORCEMENT OF THIS SECTION BY STATE OR LOCAL LAW ENFORCEMENT AGENCY SHALL BE ACCOMPLISHED ONLY AS A SECONDARY ACTION WHEN THE OPERATOR OF A MOTOR VEHICLE HAS BEEN DETAINED FOR A SUSPECTED VIOLATION OF ANOTHER SECTION OF THIS ACT.” and renumbering the remaining subsections.

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

The question being on concurring in the substitute (S-5) made to the bill by the Senate,

The substitute (S-5) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 141 Yeas—74

Angerer Donigan Lemmons Proos

Ball Espinoza Lindberg Roberts

Barnett Geiss Lipton Rocca

Bauer Gonzales Liss Schmidt, W.

Bennett Griffin Lori Scott, P.

Bledsoe Haase Lund Scripps

Booher Haines Marleau Segal

Brown, L. Hammel Mayes Sheltrown

Brown, T. Hansen McDowell Slavens

Byrnes Haugh Meadows Slezak

Byrum Hildenbrand Melton Smith

Calley Huckleberry Meltzer Spade

Clemente Jones, Rick Miller Switalski

Constan Jones, Robert Moss Tyler

Corriveau Kandrevas Nerat Valentine

Coulouris Kennedy Neumann Walsh

Dean Knollenberg Opsommer Warren

DeShazor Lahti Polidori Womack

Dillon LeBlanc

Nays—33

Agema Genetski Kurtz Rogers

Amash Green Leland Schmidt, R.

Bolger Gregory McMillin Schuitmaker

Caul Haveman Meekhof Scott, B.

Crawford Horn Moore Stamas

Daley Jackson Nathan Stanley

Denby Johnson Pavlov Tlaib

Durhal Kowall Pearce Young

Elsenheimer

In The Chair: Byrnes

The House agreed to the full title.

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

______

Rep. Agema, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

This bill is not sufficient to eliminate accidents. You can still surf the web etc. This gives police an excuse to pull you over if you’re looking down in your car for probable cause. It should not be a primary offense and it’s impossible to enforce according to some police I have talked to. You’re not even allowed to read a text message in this bill yet you can do all manner of other things with your phone. It’s inconsistent.”

Second Reading of Bills

House Bill No. 4406, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2835 (MCL 333.2835), as amended by 2002 PA 562.

The bill was read a second time.

Rep. Espinoza moved to substitute (H-1) the bill.

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

Rep. Espinoza moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Segal 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. 4406, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2835 (MCL 333.2835), as amended by 2002 PA 562.

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

Roll Call No. 142 Yeas—98

Agema Elsenheimer Lahti Proos

Amash Espinoza LeBlanc Roberts

Angerer Geiss Leland Rocca

Ball Genetski Lemmons Rogers

Bauer Gonzales Lindberg Schmidt, R.

Bennett Green Liss Schmidt, W.

Bledsoe Gregory Lori Schuitmaker

Bolger Griffin Lund Scott, B.

Booher Haase Marleau Scott, P.

Brown, T. Haines Mayes Scripps

Byrum Hammel McDowell Segal

Calley Hansen McMillin Sheltrown

Caul Haugh Meekhof Slavens

Clemente Haveman Melton Slezak

Constan Hildenbrand Meltzer Smith

Corriveau Horn Moore Spade

Coulouris Huckleberry Moss Stamas

Crawford Jackson Nathan Stanley

Daley Johnson Nerat Switalski

Dean Jones, Rick Neumann Tyler

Denby Jones, Robert Opsommer Valentine

DeShazor Kandrevas Pavlov Walsh

Dillon Knollenberg Pearce Womack

Donigan Kowall Polidori Young

Durhal Kurtz

Nays—9

Barnett Kennedy Meadows Tlaib

Brown, L. Lipton Miller Warren

Byrnes

In The Chair: Byrnes

The House agreed to the title of the bill.

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

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

Rep. Tlaib, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

According to the Public Health Code, physicians are already required to report the race of a woman for each abortion. House Bill 4406 singles out the Hispanic community. The Department of Community Health should already be collecting this information as required by Public Health Code and, instead of legislation we should request that the Department enforce this requirement.

There is uncertainty as to what this information would be used for, who would be accessible to the information and how it would be used in the future.

I respectfully submit these concerns in opposition to the passage of House Bill 4406.”

Second Reading of Bills

Senate Bill No. 468, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320a (MCL 257.320a), as amended by 2008 PA 463, and by adding section 602b.

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

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

Rep. Segal moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Segal 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. 468, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320a (MCL 257.320a), as amended by 2008 PA 463, and by adding section 602b.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Segal moved that consideration of the bill be postponed for the day.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 1013, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 40110a, 43528a, and 43540d; and to repeal acts and parts of acts.

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

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

Rep. Segal moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Segal 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. 1013, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 40110a, 43528a, and 43540d; and to repeal acts and parts of acts.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Segal moved that consideration of the bill be postponed for the day.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Agema moved that the Committee on Judiciary be discharged from further consideration of House Bill No. 4187.

(For first notice see House Journal No. 34, p. 531.)

The question being on the motion made by Rep. Agema,

Rep. Segal moved that consideration of the motion be postponed for the day.

The motion prevailed.

Reps. Kennedy, Byrnes, Slavens, Young, Womack, Gregory, Haase, Constan, Liss, Switalski, Green, Walsh, Geiss, Bauer, Segal, Smith, Warren, Leland, Donigan, Coulouris, Corriveau, Mayes, Jackson, Bledsoe, Stanley, Robert Jones, Scripps, Kandrevas, Wayne Schmidt, Tlaib, Griffin, Roberts, Valentine, Johnson, Barnett, Miller, Meadows, Ebli, Bettie Scott, Lisa Brown, Terry Brown, Lori, Marleau, Nathan and Rogers offered the following resolution:

House Resolution No. 251.

A resolution to declare April 20, 2010, as Equal Pay Day in the state of Michigan.

Whereas, On Tuesday, April 20, 2010, women from across the United States will join in a national day of action against inequitable pay called Equal Pay Day; and

Whereas, April 20, 2010, is symbolic of the point into this year that a woman must work in order to earn the wages paid to a man in the previous year; and

Whereas, Nationally women are paid only 78 cents for every dollar a man is paid, according to the U.S. Census Bureau; and

Whereas, According to a study by the AFL-CIO, Michigan is ranked 45th in the United States for wage parity with Michigan women paid only 72 cents for every dollar a man is paid; and

Whereas, The wage gap is even greater for most women of color; and

Whereas, The WAGE Project estimates that the wage gap costs the average American full-time woman worker between $700,000 and $2 million over the course of her lifetime which also impacts her Social Security benefits and pension; and

Whereas, Fair pay equity policies can be implemented simply and without undue costs while enhancing the American economy; and

Whereas, Fair pay strengthens the security of families today and eases future retirement costs while enhancing the American economy; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 20, 2010, as Equal Pay Day in the state of Michigan. We encourage citizens to recognize the full value of women’s skills and significant contributions to the labor force. We further encourage businesses to conduct an internal pay evaluation to ensure women are being paid fairly.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Huckleberry, Barnett, Terry Brown, Byrnes, Griffin, Haase, Hansen, Kennedy, Liss, Lori, Marleau, Mayes, Nathan, Pearce, Rogers, Scripps, Smith, Tyler, Valentine and Walsh offered the following resolution:

House Resolution No. 252.

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

Whereas, Michigan farmers are considered the first environmental stewards and today utilize tools like filter strips to protect water ways and use global positioning technology that allows them to apply the most precise amount of nutrients or crop protectants to ensure plants only receive what they need for growth; and

Whereas, Nearly 10,000 Michigan farms have voluntarily participated in educational programs to learn about sound conservation practices through the Michigan Agriculture Environmental Assurance Program (MAEAP). Additionally, nearly 1,000 Michigan farms have become MAEAP verified or have requested verification. As a result, Michigan farmers have installed more than 2,400 acres of filter strips, reduced phosphorus use by more than 184,000 pounds per year and have kept more than 55,000 tons of soil from eroding and making its way into our waterways. Because Michigan farmers care, they voluntarily spend over $1.2 million annually to implement conservation practices in order to work towards MAEAP verification; and

Whereas, Michigan farmers care about Michigan families and natural resources and are happy to provide safe, nutritious and affordable food. Michigan farmers put families first as 95% of Michigan’s 56,000 farms are family owned and operated; and

Whereas, Farmers care about consumer choice, they believe consumers should have the option of buying food that is consistent with their values and needs, and have access to balanced, objective information to help make informed choices; and

Whereas, Michigan farmers believe strongly in food safety, environmental integrity and animal care. Michigan farmers want consumers to feel confident enjoying high quality and economical meat, vegetables, fruit, milk and eggs from modern agricultural operations raised by farmers with traditional Michigan values; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 22, 2010, as Farmers Care Day in the state of Michigan. We recognize Michigan farmers as the first environmental stewards for their efforts in caring for Michigan’s land and water resources, while providing safe, affordable and wholesome food products.

The resolution was referred to the Committee on Agriculture.

Reps. Miller, Barnett, Lisa Brown, Terry Brown, Byrnes, Griffin, Haase, Hansen, Horn, Kennedy, Knollenberg, Liss, Lori, Marleau, Mayes, Nathan, Roberts, Rogers, Scripps, Smith, Tyler, Valentine and Walsh offered the following resolution:

House Resolution No. 253.

A resolution honoring the lives of the President of the Republic of Poland, Lech Kaczynski, his wife and 94 others who perished on April 10, 2010, in a plane crash in Russia.

Whereas, On April 10, 2010, the President of the Republic of Poland, Lech Kaczynski, his wife Maria, and a group of current and former Polish statesmen, family members and others departed Warsaw by plan to the Russian region of Smolensk; and

Whereas, The plan carrying the Polish delegation crashed in Smolensk, tragically killing all 96 people on board, including President Kaczynski; and

Whereas, The purpose of the delegation’s trip was to hold a ceremony in remembrance of the more than 22,000 Polish military officers, police officers, judges, other government officials, and civilians who were executed by Soviet secret police 70 years ago; and

Whereas, We express our deepest sympathy for the surviving family members of those who perished in the tragic plane crash and support for the people of Poland as they restore leadership to their institutions of government; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the life and legacy of the late President of Poland, Lech Kaczynski, and the lives and legacies of the Polish citizens who perished in the plane crash on April 10, 2010.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Schuitmaker, Bauer, Barnett, Terry Brown, Byrnes, Griffin, Haase, Hansen, Horn, Kennedy, Knollenberg, Liss, Lori, Marleau, Mayes, Nathan, Pearce, Rogers, Scripps, Tyler and Walsh offered the following resolution:

House Resolution No. 254.

A resolution to commemorate April 18-24, 2010, as Crime Victim’s Rights Week in the state of Michigan.

Whereas, As the state of Michigan continues to make strides in reducing the crime rate, we must remember that there are still far too many victims of crime. Indeed, the latest available statistics indicate Michigan families had to agonize with over 170,000 reported new victims of violent crime in just 2008 and research indicates that only roughly half of violent crimes are reported. Those who have suffered a violation of their person, property, or trust deserve to be treated with dignity and respect by our criminal and juvenile justice systems and by society at-large; and

Whereas, We recognize that our response to crime victims plays an important role in their efforts to rebuild their lives following the offense. Let all of us—policymakers, those in the criminal justice system, counselors, clergy members, and members of the general public—do what we can to respond to victims of crime with compassion and respect; and

Whereas, With the implementation of the Crime Victim’s Rights Act in 1985 and the passage of the constitutional amendment in 1988, the state of Michigan has adopted some of the nation’s most comprehensive laws to protect the rights of victims of crime and provide them certain essential services. All of us must do what we can to adhere not only to the victims’ rights laws, but the spirit of those laws as well. Let us acknowledge that just as government must be open to its citizens, so must our system of justice be open to victims of crime; and

Whereas, The national theme for 2010 is based on the provisions in the Michigan Constitution Crime Victims Rights language in Article I, Sec. 24, granting victims the right to be treated with “Fairness, Dignity, and Respect”. Let us all strive toward these rights and beyond until we create a world where fairness, dignity, and respect will be basic rights for everyone victimized by crime; and

Whereas, Through public and private efforts, our community has already taken important steps to ensure that our treatment of victims helps them to begin the healing. Let us gratefully acknowledge all those who work, often as volunteers, on behalf of crime victims. Those deserving recognition are the many law enforcement officers, prosecutors, victims service providers, corrections officers, parole and probation officers, counselors, physicians, health care professionals, and the many others whose dedication and service to crime victims helps to lessen trauma and assists in personal recoveries. Let us, in particular, express our appreciation for those victims and survivors of crime who have turned personal tragedy into a motivating force not only to improve the rights and treatment of other victims of crime, but also to build a better, more just community; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the week of April 18-24, 2010, as Crime Victim’s Rights Week in the state of Michigan. We also reaffirm our commitment to respect and enforce victims rights and address their needs with a Candlelight Vigil on Wednesday, April 21, 2010, at the State Capitol, and throughout the remainder of the year.

The question being on the adoption of the resolution,

The resolution was adopted.

Rep. Tlaib offered the following concurrent resolution:

House Concurrent Resolution No. 56.

A concurrent resolution to memorialize Congress to take urgent steps to expedite the reauthorization of the funding for the Temporary Assistance to Needy Families Emergency Contingency Fund.

Whereas, The austere economic times in which we are living require decisive actions by Congress to create and maintain jobs that will extend a lifeline to more than 100,000 individuals through subsidized jobs programs. The Temporary Assistance to Needy Families (TANF) Emergency Contingency Fund was created in 2009 as part of the American Recovery and Reinvestment Act (ARRA) to enable states to create subsidized jobs programs for low-income parents and young adults, primarily in the private sector. As we approach the September 30, 2010, expiration date for this program, it imperative for the Congress to include President Obama’s proposal to extend for one year and modestly expand the TANF Emergency Fund as part of the jobs bill that is being developed; and

Whereas, The TANF Emergency Contingency Fund has proven to be an effective way of creating jobs at a lower cost than any of the existing measures being considered in Congress. According to the Center on Budget and Policy Priorities, this is because the fund subsidizes only part of a job’s wages, wage levels for the subsidized jobs are low, and the administrative costs are generally small. Furthermore, the wages earned by people working in these jobs are helping families meet essential household needs while funneling dollars back into the economy through the purchase of goods and services; and

Whereas, The TANF Emergency Contingency Fund provides states with a means for economic stimulus and a program that has the flexibility that enables the creation of jobs both in urban and rural communities. Those having the greatest difficulty obtaining a job are afforded an opportunity to earn an income. Extending this program would build on current efforts and maximize investments that have been made, while creating additional jobs in an effective way. It is critical for Congress to take swift action; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize Congress to expedite the reauthorization of the funding for the TANF Emergency Fund program; and be it further

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

The concurrent resolution was referred to the Committee on Families and Children’s Services.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, April 15:

Senate Bill Nos. 1263 1264 1265 1266

The Clerk announced the enrollment printing and presentation to the Governor on Friday, April 16, for her approval of the following bills:

Enrolled House Bill No. 4248 at 9:36 a.m.

Enrolled House Bill No. 5200 at 9:38 a.m.

Enrolled House Bill No. 5201 at 9:40 a.m.

Enrolled House Bill No. 5279 at 9:42 a.m.

Enrolled House Bill No. 5530 at 9:44 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, April 16:

House Bill Nos. 6045 6046 6047

The Clerk announced that the following bill and joint resolution had been printed and placed upon the files of the members on Tuesday, April 20:

Senate Bill No. 1267

Senate Joint Resolution V

The Clerk announced that the following Senate bills had been received on Tuesday, April 20:

Senate Bill Nos. 751 752 753 754 755 756 1100 1101 1102

Reports of Standing Committees

The Committee on Health Policy, by Rep. Corriveau, Chair, reported

House Bill No. 4829, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16185 (MCL 333.16185), as added by 2006 PA 25.

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. Corriveau, Segal, Byrum, Donigan, Griffin, Haase, Liss, Neumann, Roy Schmidt, Slavens, Valentine, Womack, Marleau, Ball, Crawford, Denby, Green and Moore

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Corriveau, Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Tuesday, April 20, 2010

Present: Reps. Corriveau, Segal, Byrum, Donigan, Griffin, Haase, Liss, Neumann, Roy Schmidt, Slavens, Valentine, Womack, Marleau, Ball, Crawford, Denby, Green and Moore

Absent: Reps. Johnson, Calley and Paul Scott

Excused: Reps. Johnson, Calley and Paul Scott

The Committee on Government Operations, by Rep. Constan, Chair, reported

Senate Bill No. 215, entitled

A bill to amend 1975 PA 164, entitled “An act to create a commission on Spanish-speaking affairs, an office of Spanish-speaking affairs, and an interagency council on Spanish-speaking affairs; to prescribe their powers and duties; to provide for appropriations; and to abolish the advisory council for the Spanish-speaking,” by amending the title and sections 1, 2, 3, 4, 5, and 6 (MCL 18.301, 18.302, 18.303, 18.304, 18.305, and 18.306), sections 2 and 4 as amended by 2004 PA 94.

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. Constan, Angerer, Corriveau, Slezak, Warren, Walsh, Daley and McMillin

Nays: None

The Committee on Government Operations, by Rep. Constan, Chair, reported

House Concurrent Resolution No. 51.

A concurrent resolution to decry the atrocities taking place in Darfur and to urge the President and Congress to take all steps possible to alleviate the suffering and bring about a lasting political settlement in the region.

(For text of concurrent resolution, see House Journal No. 31, p. 467.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Constan, Angerer, Corriveau, Slezak, Warren, Walsh, Daley and McMillin

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Constan, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Tuesday, April 20, 2010

Present: Reps. Constan, Angerer, Corriveau, Slezak, Warren, Walsh, Daley and McMillin

Absent: Rep. Liss

Excused: Rep. Liss

The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported

House Bill No. 5724, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78m (MCL 211.78m), as amended by 2006 PA 498.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Kennedy, Lund, Meekhof and Wayne Schmidt

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Donigan, Chair, of the Committee on Intergovernmental and Regional Affairs, was received and read:

Meeting held on: Tuesday, April 20, 2010

Present: Reps. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Kennedy, Young, Lund, Denby, Meekhof and Wayne Schmidt

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:

Meeting held on: Tuesday, April 20, 2010

Present: Reps. Sheltrown, Slezak, Huckleberry, LeBlanc, Lindberg, Stanley, Stamas, Bolger, Hansen and Horn

Absent: Rep. Ebli

Excused: Rep. Ebli

Messages from the Senate

Senate Bill No. 751, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 642c.

The Senate has passed the bill.

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

Senate Bill No. 752, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 4, 5, 614, and 616 (MCL 380.4, 380.5, 380.614, and 380.616), section 4 as amended by 2008 PA 1, section 5 as amended by 2009 PA 205, section 614 as amended by 2004 PA 419, and section 616 as amended by 2003 PA 299.

The Senate has passed the bill.

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

Senate Bill No. 753, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 302 (MCL 168.302), as amended by 2005 PA 71.

The Senate has passed the bill.

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

Senate Bill No. 754, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 644g (MCL 168.644g), as amended by 2004 PA 293.

The Senate has passed the bill.

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

Senate Bill No. 755, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2005 PA 71.

The Senate has passed the bill.

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

Senate Bill No. 756, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 312 (MCL 168.312), as amended by 2006 PA 647.

The Senate has passed the bill.

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

Senate Bill No. 1100, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 1, 5, 5c, 5d, and 9 (MCL 722.111, 722.115, 722.115c, 722.115d, and 722.119), section 1 as amended by 2009 PA 155, section 5 as amended by 2007 PA 218, section 5c as amended by 2006 PA 580, section 5d as added by 2005 PA 133, and section 9 as added by 2002 PA 674.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.

Senate Bill No. 1101, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending sections 4, 5, and 13 (MCL 400.704, 400.705, and 400.713), sections 4 and 5 as amended by 1996 PA 194 and section 13 as amended by 2004 PA 281.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.

Senate Bill No. 1102, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20102, 20104, and 21313 (MCL 333.20102, 333.20104, and 333.21313), section 20102 as amended by 1990 PA 179.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.

Communications from State Officers

The following communication from the Department of Treasury was received and read:

April 16, 2010

Please find attached one copy of the Principal Residence Exemption Compliance Program Quarterly Report for the period January 1, 2010 - March 31, 2010. The report is required by Public Act 128 of 2009, the General Government Appropriations Act. Section 947 of the Act provides, in part, as follows:

(2) Of the funds appropriated in part 1, $500,000.00 shall be used for the principal residence exemption compliance program. The department shall submit quarterly progress reports that include the number of exemptions denied and the revenue received under this program. The legislative auditor general shall complete a performance audit of the principal residence exemption compliance program prior to April 1, 2010. Revenue generated to the state from the principal residence exemption compliance program shall be used to reimburse the state general fund for the $500,000.00 appropriation prior to any other allocation.

Frederick Headen, Director

Bureau of Local Government Services

The communication was referred to the Clerk.

Introduction of Bills

Reps. Sheltrown, Walsh, Huckleberry, Hildenbrand, Hansen, Terry Brown and Dean introduced

House Bill No. 6048, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5m, 5o, 6a, and 8 (MCL 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425m, 28.425o, 28.426a, and 28.428), sections 2a and 5f as amended by 2008 PA 194, section 4 as added by 1992 PA 219, sections 5, 5a, 5e, 5k, and 5m as added by 2000 PA 381, sections 5b, 5l, and 8 as amended by 2008 PA 406, sections 5c and 5d as amended by 2002 PA 719, section 5j as amended by 2004 PA 254, section 5o as amended by 2008 PA 407, and section 6a as amended by 1991 PA 34, and by adding section 5x.

The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Rep. Sheltrown introduced

House Bill No. 6049, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 399.

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

Reps. Scripps, Valentine, Geiss and Roberts introduced

House Bill No. 6050, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32729 (MCL 324.32729), as added by 2008 PA 185.

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

Reps. Switalski, McDowell, Barnett, Terry Brown, Miller and Valentine introduced

House Bill No. 6051, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 7A.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Reps. McDowell, Switalski, Barnett, Terry Brown, Miller and Valentine introduced

House Bill No. 6052, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding sections 79c, 79d, and 79e.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Reps. Crawford, Rick Jones, Elsenheimer, Hildenbrand, Meekhof, Moss, Agema, McMillin, Wayne Schmidt, Opsommer, Paul Scott, Haveman, Kowall, Calley, Proos, Horn, Lund, Moore, Pavlov, Daley, DeShazor, Bolger, Tyler, Denby, Walsh, Genetski, Lori, Meltzer, Haines, Knollenberg, Pearce, Stamas, Ball, Rogers, Green, Caul, Schuitmaker, Sheltrown, Hansen, Kurtz, Booher, LeBlanc, Mayes, Spade, Bledsoe, Haase, Geiss, Liss, Constan, Young, Slezak and Huckleberry introduced

House Bill No. 6053, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224d (MCL 750.224d), as amended by 2006 PA 401.

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

Reps. Miller, Liss and Espinoza introduced

House Bill No. 6054, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801i (MCL 257.801i), as added by 2000 PA 36.

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

Reps. Miller, Espinoza and Liss introduced

House Bill No. 6055, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 54 (MCL 169.254), as amended by 1995 PA 264.

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

Reps. Lund, Stamas, McMillin, Moss, Agema and Genetski introduced

House Joint Resolution DDD, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 26 of article IV, to require certain bills to be subject to a vote of the people before becoming law.

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

______

Rep. Polidori moved that the House adjourn.

The motion prevailed, the time being 4:40 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, April 21, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives

534 JOURNAL OF THE HOUSE [April 20, 2010] [No. 35

No. 35] [April 20, 2010] JOURNAL OF THE HOUSE 535

536 JOURNAL OF THE HOUSE [April 20, 2010] [No. 35

No. 35] [April 20, 2010] JOURNAL OF THE HOUSE 537

538 JOURNAL OF THE HOUSE [April 20, 2010] [No. 35

No. 35] [April 20, 2010] JOURNAL OF THE HOUSE 539

540 JOURNAL OF THE HOUSE [April 20, 2010] [No. 35

No. 35] [April 20, 2010] JOURNAL OF THE HOUSE 541

542 JOURNAL OF THE HOUSE [April 20, 2010] [No. 35

No. 35] [April 20, 2010] JOURNAL OF THE HOUSE 543

544 JOURNAL OF THE HOUSE [April 20, 2010] [No. 35

No. 35] [April 20, 2010] JOURNAL OF THE HOUSE 545

546 JOURNAL OF THE HOUSE [April 20, 2010] [No. 35