No. 18
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Thursday, March 5, 2009.
12:00 Noon.
The House was called to order by Associate Speaker Pro Tempore Espinoza.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Durhal—present 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—present Schmidt, W.—present
Bennett—present Gonzales—present Liss—present Schuitmaker—present
Bledsoe—present Green—present Lori—present Scott, B.—present
Bolger—present Gregory—present Lund—present Scott, P.—present
Booher—present Griffin—excused 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—excused Smith—present
Clemente—present Hildenbrand—excused 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—excused Nathan—present Tlaib—present
Cushingberry—present 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—excused
Dillon—present Kowall—present Polidori—present Young—present
Donigan—present Kurtz—present
e/d/s = entered during session
Rep. Larry DeShazor, from the 61st District, offered the following invocation:
“Heavenly Father, As we begin our work today, may we remind ourselves of the tremendous honor the people of Michigan have given us. Our responsibilities are many, and we are called upon to offer a vision and direction that will serve the needs of our great State. May our decisions be based upon what is right, just and fair. In the spirit of cooperation and unity, may we work together to give our citizens every ability to prosper.
May God bless our efforts today, and bless the people of the state of Michigan. We ask all of this in the name of the God we serve. Amen.”
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Rep. Opsommer moved that Reps. Elsenheimer and Hildenbrand be excused from today’s session.
The motion prevailed.
Rep. Angerer moved that Reps. Griffin, Johnson, Melton and Womack be excused from today’s session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4217, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 241b (MCL 18.1241b), as added by 1995 PA 38.
The bill was read a second time.
Rep. Miller moved to amend the bill as follows:
1. Amend page 2, line 10, after “BUILDINGS” by inserting “OR IN COLD WEATHER APPLICATIONS”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Miller 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. 4217, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 241b (MCL 18.1241b), as added by 1995 PA 38.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 27 Yeas—69
Angerer Durhal LeBlanc Rocca
Ball Ebli Leland Schmidt, R.
Barnett Espinoza Lemmons Scott, B.
Bauer Geiss Lindberg Scripps
Bennett Gonzales Lipton Segal
Bledsoe Gregory Liss Sheltrown
Brown, L. Haase Marleau Simpson
Brown, T. Hammel Mayes Slavens
Byrnes Hansen McDowell Slezak
Byrum Haugh Meadows Smith
Clemente Huckleberry Miller Spade
Constan Jackson Nathan Stanley
Corriveau Jones, Rick Nerat Switalski
Coulouris Jones, Robert Neumann Tlaib
Cushingberry Kandrevas Polidori Valentine
Dean Kennedy Proos Warren
Dillon Lahti Roberts Young
Donigan
Nays—35
Agema DeShazor Lori Pearce
Amash Genetski Lund Rogers
Bolger Green McMillin Schmidt, W.
Booher Haines Meekhof Schuitmaker
Calley Haveman Meltzer Scott, P.
Caul Horn Moore Stamas
Crawford Knollenberg Moss Tyler
Daley Kowall Opsommer Walsh
Denby Kurtz Pavlov
In The Chair: Espinoza
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.
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Rep. Agema, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
Departments can do this on their own. We don’t need another bill to mandate common sense. Useless law continues to take taxpayers money as a result. It should be the department supervisors that make such mundane decisions.”
Second Reading of Bills
House Bill No. 4248, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as added by 2007 PA 95.
The bill was read a second time.
Rep. Smith 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. 4248, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as added by 2007 PA 95.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 28 Yeas—98
Angerer Donigan Leland Rocca
Ball Durhal Lemmons Rogers
Barnett Ebli Lindberg Schmidt, R.
Bauer Espinoza Lipton Schmidt, W.
Bennett Geiss Liss Schuitmaker
Bledsoe Gonzales Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Haase Marleau Scripps
Brown, L. Haines Mayes Segal
Brown, T. Hammel McDowell Sheltrown
Byrnes Hansen Meadows Simpson
Byrum Haugh Meekhof Slavens
Calley Haveman Miller Slezak
Caul Horn Moore Smith
Clemente Huckleberry Moss Spade
Constan Jackson Nathan Stamas
Corriveau Jones, Rick Nerat Stanley
Coulouris Jones, Robert Neumann Switalski
Crawford Kandrevas Opsommer Tlaib
Cushingberry Kennedy Pavlov Tyler
Daley Knollenberg Pearce Valentine
Dean Kowall Polidori Walsh
Denby Kurtz Proos Warren
DeShazor Lahti Roberts Young
Dillon LeBlanc
Nays—6
Agema Genetski McMillin Meltzer
Amash Green
In The Chair: Espinoza
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.
Second Reading of Bills
House Bill No. 4315, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 520c (MCL 750.520c), as amended by 2007 PA 163.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Meadows 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. 4315, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 520c (MCL 750.520c), as amended by 2007 PA 163.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 29 Yeas—104
Agema Dillon Lahti Proos
Amash Donigan LeBlanc Roberts
Angerer Durhal Leland Rocca
Ball Ebli Lemmons Rogers
Barnett Espinoza Lindberg Schmidt, R.
Bauer Geiss Lipton Schmidt, W.
Bennett Genetski Liss Schuitmaker
Bledsoe Gonzales Lori Scott, B.
Bolger Green Lund Scott, P.
Booher Gregory Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Meltzer Smith
Clemente Horn Miller Spade
Constan Huckleberry Moore Stamas
Corriveau Jackson Moss Stanley
Coulouris Jones, Rick Nathan Switalski
Crawford Jones, Robert Nerat Tlaib
Cushingberry Kandrevas Neumann Tyler
Daley Kennedy Opsommer Valentine
Dean Knollenberg Pavlov Walsh
Denby Kowall Pearce Warren
DeShazor Kurtz Polidori Young
Nays—0
In The Chair: Espinoza
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.
Second Reading of Bills
House Bill No. 4159, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 115g, 115i, and 115j (MCL 400.115g, 400.115i, and 400.115j), section 115g as amended by 2004 PA 193 and sections 115i and 115j as amended by 2002 PA 648.
The bill was read a second time.
Rep. Smith 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. 4159, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 115g, 115i, and 115j (MCL 400.115g, 400.115i, and 400.115j), section 115g as amended by 2004 PA 193 and sections 115i and 115j as amended by 2002 PA 648.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 30 Yeas—104
Agema Dillon Lahti Proos
Amash Donigan LeBlanc Roberts
Angerer Durhal Leland Rocca
Ball Ebli Lemmons Rogers
Barnett Espinoza Lindberg Schmidt, R.
Bauer Geiss Lipton Schmidt, W.
Bennett Genetski Liss Schuitmaker
Bledsoe Gonzales Lori Scott, B.
Bolger Green Lund Scott, P.
Booher Gregory Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Meltzer Smith
Clemente Horn Miller Spade
Constan Huckleberry Moore Stamas
Corriveau Jackson Moss Stanley
Coulouris Jones, Rick Nathan Switalski
Crawford Jones, Robert Nerat Tlaib
Cushingberry Kandrevas Neumann Tyler
Daley Kennedy Opsommer Valentine
Dean Knollenberg Pavlov Walsh
Denby Kowall Pearce Warren
DeShazor Kurtz Polidori Young
Nays—0
In The Chair: Espinoza
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.
By unanimous consent the House returned to the order of
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, March 5:
House Bill Nos. 4505 4506 4507 4508 4509 4510 4511 4512 4513 4514 4515
Senate Bill Nos. 320 321 322 323 324 325 326 327 328 329 330 331
The Clerk announced that the following Senate bills had been received on Thursday, March 5:
Senate Bill Nos. 23 96
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Ebli, Chair, reported
House Bill No. 4515, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 434 (MCL 208.1434), as added by 2008 PA 580.
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. Ebli, Barnett, Coulouris, Robert Jones, Kandrevas, Lipton, Mayes, Slezak, Warren, Calley, Kowall, Lund, Meekhof, Meltzer, Stamas and Walsh
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ebli, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Thursday, March 5, 2009
Present: Reps. Ebli, Barnett, Coulouris, Robert Jones, Kandrevas, Lipton, Mayes, Slezak, Warren, Calley, Kowall, Lund, Meekhof, Meltzer, Stamas and Walsh
Absent: Rep. Melton
Excused: Rep. Melton
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
House Resolution No. 31.
A resolution to encourage the Michigan Department of Natural Resources and the Michigan Public Service Commission to promote Project Safe Passage.
(For text of resolution, see House Journal No. 14, p. 208.)
With the recommendation that the resolution be adopted.
Favorable Roll Call
To Report Out:
Yeas: Reps. Warren, Nerat, Bledsoe, Kennedy, Leland, Roberts, Scripps, Daley, Haveman, Rick Jones, Pavlov and Wayne Schmidt
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:
Meeting held on: Thursday, March 5, 2009
Present: Reps. Warren, Nerat, Bledsoe, Kennedy, Leland, Meadows, Roberts, Scripps, Meekhof, Daley, Haveman, Rick Jones, Pavlov and Wayne Schmidt
Absent: Rep. Ebli
Excused: Rep. Ebli
The Committee on Transportation, by Rep. Byrnes, Chair, reported
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.
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. Byrnes, Kandrevas, Donigan, Geiss, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, DeShazor, Knollenberg, Wayne Schmidt and Paul Scott
Nays: None
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 4054, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1011.
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. Byrnes, Kandrevas, Donigan, Geiss, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, DeShazor, Knollenberg, Wayne Schmidt and Paul Scott
Nays: None
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 4224, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2004 PA 420.
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. Byrnes, Kandrevas, Donigan, Geiss, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, DeShazor, Knollenberg, Pearce, Wayne Schmidt and Paul Scott
Nays: None
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 4225, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601b (MCL 257.601b), as amended by 2008 PA 296.
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. Byrnes, Kandrevas, Donigan, Geiss, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, DeShazor, Wayne Schmidt and Paul Scott
Nays: Rep. Knollenberg
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrnes, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Thursday, March 5, 2009
Present: Reps. Byrnes, Kandrevas, Donigan, Geiss, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, DeShazor, Knollenberg, Pearce, Wayne Schmidt and Paul Scott
Absent: Rep. Griffin
Excused: Rep. Griffin
The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported
House Bill No. 4453, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending the title and section 3204 (MCL 600.3204), the title as amended by 1999 PA 239 and section 3204 as amended by 2004 PA 186, and by adding section 3205.
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. Coulouris, Scripps, Clemente, Johnson, Mayes and Nathan
Nays: None
The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported
House Bill No. 4454, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 3205a and 3205b.
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. Coulouris, Scripps, Clemente, Johnson, Mayes and Nathan
Nays: None
The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported
House Bill No. 4455, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 3205c, 3205d, and 3205e; and to repeal acts and parts of acts.
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. Coulouris, Scripps, Clemente, Johnson, Mayes and Nathan
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Coulouris, Chair, of the Committee on Banking and Financial Services, was received and read:
Meeting held on: Thursday, March 5, 2009
Present: Reps. Coulouris, Scripps, Clemente, Johnson, Mayes, Nathan, Booher, Calley, Kowall and Marleau
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrum, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, March 5, 2009
Present: Reps. Byrum, Young, Lemmons, Segal, Sheltrown, Denby, Green, Marleau and Rocca
Absent: Reps. Constan, Lipton, Neumann, Polidori, Womack, Haveman, Lund and Moore
Excused: Reps. Constan, Lipton, Neumann, Polidori, Womack, Haveman, Lund and Moore
Messages from the Senate
Senate Bill No. 23, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 433 (MCL 168.433), as amended by 1999 PA 218.
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. 96, entitled
A bill to amend 1965 PA 290, entitled “Boiler act of 1965,” by amending section 13c (MCL 408.763c), as added by 2008 PA 159.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Communications from State Officers
The following communication from the Department of State Police was received and read:
February 9, 2009
I am pleased to submit the 2007-2008 Concealed Pistol License Annual Report required by Public Act 372 of 1927, as amended. This report details the concealed pistol license activity between July 1, 2007 and June 30, 2008.
The revised laws regarding concealed pistol licensure went into effect on July 1, 2001. Below is a summary of the activity since that date.
Year Applications Received Total Approved # of criminal Violations
2001-2002 62,902 53,000 92
2002-2003 29,914 27,499 221
2003-2004 35,585 31,121 398
2004-2005 58,366 54,677 403
2005-2006 40,238 36,754 548
2006-2007 22,403 23,790 938
2007-2008 33,411 26,578 1,319
Sincerely,
Peter C. Munoz
DIRECTOR
The communication was referred to the Clerk.
Introduction of Bills
Reps. Slezak, Haugh, Liss, Roy Schmidt, McMillin, Huckleberry, Durhal, Barnett, Leland, Womack, Spade, Simpson and Rogers introduced
House Bill No. 4516, entitled
A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 3 (MCL 207.843).
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Stamas, Moore, Horn, Paul Scott, Rocca, Meltzer, Lund, Knollenberg, Pearce, McMillin, Wayne Schmidt, Hansen, Haveman, Durhal, Agema, Slezak, Meekhof, Walsh, Calley, Rogers, Mayes, Genetski and Kowall introduced
House Bill No. 4517, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2008 PA 198.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Johnson and Meadows introduced
House Bill No. 4518, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 506b.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Lindberg, Lahti, Simpson, Miller, McDowell, Sheltrown and Terry Brown introduced
House Bill No. 4519, entitled
A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending section 34a (MCL 257.1334a).
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Barnett, Haugh, Liss, Polidori, Gregory, Bledsoe, Slavens, Wayne Schmidt, Mayes, Constan and Donigan introduced
House Bill No. 4520, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” (MCL 117.1 to 117.38) by adding section 5k.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
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Rep. Simpson moved that the House adjourn.
The motion prevailed, the time being 12:55 p.m.
Associate Speaker Pro Tempore Espinoza declared the House adjourned until Tuesday, March 10, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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