No. 55

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Wednesday, June 2, 2010.

10:00 a.m.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

e/d/s = entered during session

Rep. Lisa Brown, from the 39th District, offered the following invocation:

“Sir Lloyd Kenyon once wrote:

Though in a state of society some must have greater luxuries and comforts than others, yet all should have the necessaries of life; and if the poor cannot exist, in vain may the rich look for happiness or prosperity. The legislature is never so well employed as when they look to the interests of those who are at a distance from them in the ranks of society. It is their duty to do so; religion calls for it; humanity calls for it; and if there are hearts who are not awake to either of those feelings, their own interests would dictate it.

As we make decisions for the residents of the wonderful state of Michigan, please keep every single resident in mind. Thank you.”

______

Rep. Angerer moved that Reps. Johnson, Roy Schmidt and Womack be excused from today’s session.

The motion prevailed.

Rep. Wayne Schmidt moved that Rep. Moore be excused from today’s session.

The motion prevailed.

Second Reading of Bills

House Bill No. 6097, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 7704 (MCL 500.7704), as amended by 2006 PA 671.

The bill was read a second time.

Rep. Haveman 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. Angerer moved that Rep. Cushingberry be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6097, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 7704 (MCL 500.7704), as amended by 2006 PA 671.

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

Roll Call No. 237 Yeas—102

Agema Ebli Lahti Polidori

Angerer Elsenheimer LeBlanc Proos

Ball Espinoza Leland Roberts

Barnett Geiss Lemmons Rocca

Bauer Genetski Lindberg Rogers

Bennett Gonzales Lipton Schmidt, W.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scott, B.

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen McMillin Slavens

Calley Haugh Meadows Slezak

Caul Haveman Meekhof Smith

Clemente Hildenbrand Melton Spade

Constan Horn Meltzer Stamas

Corriveau Huckleberry Miller Stanley

Crawford Jackson Moss Switalski

Daley Jones, Rick Nathan Tlaib

Dean Jones, Robert Nerat Tyler

Denby Kandrevas Neumann Valentine

DeShazor Kennedy Opsommer Walsh

Dillon Knollenberg Pavlov Warren

Donigan Kowall Pearce Young

Durhal Kurtz

Nays—1

Amash

In The Chair: Scripps

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Angerer moved that when the House adjourns today it stand adjourned until Tuesday, June 8, at 1:30 p.m.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, June 1, for her approval of the following bill:

Enrolled House Bill No. 5313 at 4:13 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, June 2:

House Bill Nos. 6226 6227 6228 6229 6230 6231 6232 6233 6234

Senate Bill Nos. 1353 1354 1355 1356 1357 1358 1359 1360

The Clerk announced that the following Senate bills had been received on Wednesday, June 2:

Senate Bill Nos. 682 1315

Reports of Standing Committees

The Committee on New Economy and Quality of Life, by Rep. Clemente, Chair, reported

House Resolution No. 292.

A resolution to memorialize the United States Congress and the Department of Defense to select the Boeing NewGen Tanker aircraft for the United States Air Force.

(For text of resolution, see House Journal No. 53, p. 844.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Clemente, Stanley, Byrnes, Geiss, Griffin, Leland, Segal, Knollenberg, Bolger, Denby and Tyler

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Clemente, Chair, of the Committee on New Economy and Quality of Life, was received and read:

Meeting held on: Wednesday, June 2, 2010

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

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

Senate Bill No. 1153, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2011; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Lahti, LeBlanc, McDowell, Miller, Smith, Switalski and Tlaib

Nays: Reps. Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 2, 2010

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

Absent: Rep. Jackson

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 2, 2010

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

Absent: Rep. Bettie Scott

Excused: Rep. Bettie Scott

Messages from the Senate

House Bill No. 5363, entitled

A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending sections 51 and 53 (MCL 257.1851 and 257.1853), as amended by 2006 PA 108.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 682, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811e (MCL 257.811e), as amended by 2009 PA 99, and by adding section 811r.

The Senate has passed the bill.

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

Senate Bill No. 1315, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 18223 (MCL 333.18223), as amended by 1986 PA 174.

The Senate has passed the bill.

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

Introduction of Bills

Rep. LeBlanc introduced

House Bill No. 6235, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 409 (MCL 208.1409), as amended by 2008 PA 572.

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

Rep. LeBlanc introduced

House Bill No. 6236, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 45a (MCL 24.245a), as amended by 2004 PA 491.

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

______

Rep. Liss moved that the House adjourn.

The motion prevailed, the time being 11:55 a.m.

Associate Speaker Pro Tempore Scripps declared the House adjourned until Tuesday, June 8, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives

868 JOURNAL OF THE HOUSE [June 2, 2010] [No. 55

No. 55] [June 2, 2010] JOURNAL OF THE HOUSE 869

870 JOURNAL OF THE HOUSE [June 2, 2010] [No. 55

No. 55] [June 2, 2010] JOURNAL OF THE HOUSE 871

872 JOURNAL OF THE HOUSE [June 2, 2010] [No. 55