No. 28

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

House Chamber, Lansing, Tuesday, March 31, 2009.

1:30 p.m.

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

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—present 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—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—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—present

Dillon—present Kowall—present Polidori—present Young—present

Donigan—present Kurtz—present

e/d/s = entered during session

Rep. Marc R. Corriveau, from the 20th District, offered the following invocation:

“Dear heavenly Father, as we gather today in this chamber, we pray that You grant us the wisdom and guidance to come together for the greater good of all Michigan residents.

Our great state of Michigan is in crisis.

Our residents and our industries are facing the toughest times we’ve seen in our lifetimes.

We ask that You please guide us as we work to create a better life for every Michigan resident.

We ask that You bless this chamber and the public servants who are assembled here today.

Through Your grace, we will work as one to make a brighter day for Michigan.

We give thanks to You that we have been given the opportunity to serve the people of Michigan.

In Your name, we offer this prayer. Amen.”

______

The Speaker Pro Tempore assumed the Chair.

Messages from the Senate

Senate Concurrent Resolution No. 11.

A concurrent resolution to approve the State Officers Compensation Commission determinations.

Whereas, Pursuant to the provisions of Article IV, Section 12 of the Michigan Constitution, the State Officers Compensation Commission is responsible for making determinations regarding the salaries and expense allowances of the members of the Legislature, the Governor, the Lieutenant Governor, the Attorney General, the Secretary of State, and the Justices of the Supreme Court; and

Whereas, The State Officers Compensation Commission met on February 12, 2009, and March 9, 2009, to determine the salaries and expense allowances for the members of the Legislature, the Governor, the Lieutenant Governor, the Attorney General, the Secretary of State, and the Justices of the Supreme Court; and

Whereas, The State Officers Compensation Commission has concluded its proceedings and on March 9, 2009, made its determinations that a 10 percent reduction to current salaries, supplemental salaries, and expense allowances for legislative and executive branch positions is appropriate. The commission recommended no reduction in salary for the Justices of the Supreme Court; and

Whereas, On March 23, 2009, the Legislature received the determinations of the State Officers Compensation Commission; and

Whereas, These determinations shall be the salaries and expense allowances only if the legislature approves them by a concurrent resolution adopted by a majority of the members elected to and serving in each house. If the salary and expense determinations are approved, the salary and expense determinations shall become effective for the legislative session immediately following the next general election, which will commence January 1, 2011; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That, pursuant to Article IV, Section 12 of the Michigan Constitution and MCL 15.217, we hereby approve the determinations of the State Officers Compensation Commission that put in place a 10 percent reduction in the salaries, supplemental salaries, and expense allowances of the members of the Legislature, the Governor, the Lieutenant Governor, the Attorney General, and the Secretary of State and make no reduction in the salaries of the Justices of the Supreme Court; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor, the Attorney General, the Secretary of State, the State Court Administrator, and the Director of the Department of Management and Budget.

The Senate has adopted the concurrent resolution.

The question being on the adoption of the concurrent resolution,

Rep. Angerer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 101 Yeas—103

Agema Ebli LeBlanc Roberts

Amash Elsenheimer Leland Rocca

Angerer Espinoza Lemmons Rogers

Ball Geiss Lindberg Schmidt, R.

Barnett Genetski Lipton Schmidt, W.

Bauer Gonzales Liss Schuitmaker

Bledsoe Green Lori Scott, B.

Bolger Gregory Lund Scott, P.

Booher Griffin 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 Melton Smith

Clemente Hildenbrand Meltzer Spade

Constan Horn Miller Stamas

Corriveau Huckleberry Moore Stanley

Coulouris Jones, Rick Moss 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

Nays—7

Bennett Durhal Johnson Young

Cushingberry Jackson Nathan

In The Chair: Byrnes

______

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

“Mr. Speaker and members of the House:

The issue is as French Philosopher Rene Descartes ‘I think therefore I am.’ The problems of Michigan is not the salary of the elected officials - it’s the constant denigration of the value of the service of labor. The manipulation of symbols to head off the deform proposals of wholesale constitutional change of government is wrong headed. The old adage that you get what you pay for is as true as one of my mentors statement; Chairman George Montgomery said of a similar resolution that those who support such are worth less. The privilege of serving the people of Michigan is hard work when done properly. The sad fact is that term limits has daunted the aspirations of Michigan’s Constitutional parents dream - a truly people’s House wizened through rigor, reform, real references to history, arts, and sciences. No matter the cut in salary it will never be enough to greedy naysayer, anarchists, and mischievous self servers still trying to pull the wool over the publics eyes! We must better educate our legislators, judges, executives, and citizenry on the value of an activist government free of undue pressure- truly public servants.”

Second Reading of Bills

Senate Bill No. 379, entitled

A bill to amend 1988 PA 161, entitled “Consumer financial services act,” by amending section 9 (MCL 487.2059), as amended by 1999 PA 275.

The bill was read a second time.

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

The motion prevailed.

Rep. Roberts 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. 379, entitled

A bill to amend 1988 PA 161, entitled “Consumer financial services act,” by amending section 9 (MCL 487.2059), as amended by 1999 PA 275.

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

Roll Call No. 102 Yeas—109

Agema Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Genetski Lindberg Schmidt, R.

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 Simpson

Calley Haugh Meadows Slavens

Caul Haveman Meekhof Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Opsommer Walsh

DeShazor Knollenberg Pavlov Warren

Dillon Kowall Pearce Womack

Donigan Kurtz Polidori 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. Roberts moved that the bill be given immediate effect.

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

Second Reading of Bills

Senate Bill No. 380, entitled

A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending section 1a (MCL 445.1651a), as amended by 2008 PA 66.

The bill was read a second time.

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

The motion prevailed.

Rep. Roberts 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. 380, entitled

A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending section 1a (MCL 445.1651a), as amended by 2008 PA 66.

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

Roll Call No. 103 Yeas—109

Agema Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Genetski Lindberg Schmidt, R.

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 Simpson

Calley Haugh Meadows Slavens

Caul Haveman Meekhof Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Opsommer Walsh

DeShazor Knollenberg Pavlov Warren

Dillon Kowall Pearce Womack

Donigan Kurtz Polidori 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. Roberts moved that the bill be given immediate effect.

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

Second Reading of Bills

Senate Bill No. 381, entitled

A bill to amend 1981 PA 125, entitled “The secondary mortgage loan act,” by amending section 1 (MCL 493.51), as amended by 2008 PA 325.

The bill was read a second time.

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

The motion prevailed.

Rep. Roberts 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. 381, entitled

A bill to amend 1981 PA 125, entitled “The secondary mortgage loan act,” by amending section 1 (MCL 493.51), as amended by 2008 PA 325.

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

Roll Call No. 104 Yeas—109

Agema Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Genetski Lindberg Schmidt, R.

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 Simpson

Calley Haugh Meadows Slavens

Caul Haveman Meekhof Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Opsommer Walsh

DeShazor Knollenberg Pavlov Warren

Dillon Kowall Pearce Womack

Donigan Kurtz Polidori 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. Roberts 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. 4400, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 907 (MCL 257.907), as amended by 2008 PA 463.

The bill was read a second time.

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

The motion prevailed.

Rep. Roberts 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. 4400, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 907 (MCL 257.907), as amended by 2008 PA 463.

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

Roll Call No. 105 Yeas—110

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Genetski Lipton Schmidt, W.

Bennett Gonzales Liss Schuitmaker

Bledsoe Green Lori Scott, B.

Bolger Gregory Lund Scott, P.

Booher Griffin 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 Melton Smith

Clemente Hildenbrand Meltzer Spade

Constan Horn Miller Stamas

Corriveau Huckleberry Moore Stanley

Coulouris Jackson Moss Switalski

Crawford Johnson Nathan Tlaib

Cushingberry Jones, Rick Nerat Tyler

Daley Jones, Robert Neumann Valentine

Dean Kandrevas Opsommer Walsh

Denby Kennedy Pavlov Warren

DeShazor Knollenberg Pearce Womack

Dillon Kowall Polidori Young

Donigan Kurtz

Nays—0

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Roberts 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. 4401, entitled

A bill to amend 1964 PA 286, entitled “An act to provide for the organization, powers, and duties of the state transportation commission and the state transportation department; to provide for the appointment, powers, and duties of the state transportation director; to abolish the office of state highway commissioner and the commissioner’s advisory board and to transfer their powers and duties; to provide for penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 3 (MCL 247.803).

The bill was read a second time.

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

The motion prevailed.

Rep. Roberts 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. 4401, entitled

A bill to amend 1964 PA 286, entitled “An act to provide for the organization, powers, and duties of the state transportation commission and the state transportation department; to provide for the appointment, powers, and duties of the state transportation director; to abolish the office of state highway commissioner and the commissioner’s advisory board and to transfer their powers and duties; to provide for penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 3 (MCL 247.803).

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

Roll Call No. 106 Yeas—110

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Genetski Lipton Schmidt, W.

Bennett Gonzales Liss Schuitmaker

Bledsoe Green Lori Scott, B.

Bolger Gregory Lund Scott, P.

Booher Griffin 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 Melton Smith

Clemente Hildenbrand Meltzer Spade

Constan Horn Miller Stamas

Corriveau Huckleberry Moore Stanley

Coulouris Jackson Moss Switalski

Crawford Johnson Nathan Tlaib

Cushingberry Jones, Rick Nerat Tyler

Daley Jones, Robert Neumann Valentine

Dean Kandrevas Opsommer Walsh

Denby Kennedy Pavlov Warren

DeShazor Knollenberg Pearce Womack

Dillon Kowall Polidori Young

Donigan Kurtz

Nays—0

In The Chair: Byrnes

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 227, entitled

A bill to amend 2008 PA 260, entitled “Subsidized guardianship assistance act,” by amending the title and sections 1, 2, 3, 4, 5, 6, and 9 (MCL 722.871, 722.872, 722.873, 722.874, 722.875, 722.876, and 722.879) and by adding sections 5a and 5b; and to repeal acts and parts of acts.

The bill was read a second time.

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

The motion prevailed.

Rep. Roberts 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. 227, entitled

A bill to amend 2008 PA 260, entitled “Subsidized guardianship assistance act,” by amending the title and sections 1, 2, 3, 4, 5, 6, and 9 (MCL 722.871, 722.872, 722.873, 722.874, 722.875, 722.876, and 722.879) and by adding sections 5a and 5b; 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. 107 Yeas—110

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Genetski Lipton Schmidt, W.

Bennett Gonzales Liss Schuitmaker

Bledsoe Green Lori Scott, B.

Bolger Gregory Lund Scott, P.

Booher Griffin 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 Melton Smith

Clemente Hildenbrand Meltzer Spade

Constan Horn Miller Stamas

Corriveau Huckleberry Moore Stanley

Coulouris Jackson Moss Switalski

Crawford Johnson Nathan Tlaib

Cushingberry Jones, Rick Nerat Tyler

Daley Jones, Robert Neumann Valentine

Dean Kandrevas Opsommer Walsh

Denby Kennedy Pavlov Warren

DeShazor Knollenberg Pearce Womack

Dillon Kowall Polidori Young

Donigan Kurtz

Nays—0

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 provide for subsidy payments to certain guardians of minors; and to provide for duties and responsibilities of certain state departments and agencies,”

The House agreed to the full title.

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

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

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Jackson to the Chair.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4384, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.10cc) by adding section 9d.

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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4385, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9e.

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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4386, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9h.

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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4387, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9h.

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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4388, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9d.

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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4390, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 6t.

With the recommendation that the substitute (H-2) 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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4391, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9f.

With the recommendation that the substitute (H-2) 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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4392, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9i.

With the recommendation that the substitute (H-2) 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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4649, entitled

A bill to amend 1984 PA 34, entitled “Michigan low income heating assistance and shut-off protection act,” by amending section 7 (MCL 400.1207).

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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4650, entitled

A bill to amend 1984 PA 34, entitled “Michigan low income heating assistance and shut-off protection act,” (MCL 400.1201 to 400.1217) by adding section 7a.

With the recommendation that the substitute (H-2) 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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4655, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9m.

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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4656, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9p.

With the recommendation that the substitute (H-2) 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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4657, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9k.

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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4658, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9o.

With the recommendation that the substitute (H-2) 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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4659, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9n.

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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4660, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9g.

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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4661, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9l.

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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4662, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9j.

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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Bill No. 4673, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9q.

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. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Mayes, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Thursday, March 26, 2009

Present: Reps. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Absent: Reps. Huckleberry and Johnson

Excused: Reps. Huckleberry and Johnson

Second Reading of Bills

House Bill No. 4384, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9d.

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

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

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

The motion prevailed.

Rep. Roberts 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. Hansen 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. 4384, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9d.

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

Roll Call No. 108 Yeas—106

Angerer Ebli Leland Roberts

Ball Elsenheimer Lemmons Rocca

Barnett Espinoza Lindberg Rogers

Bauer Geiss Lipton Schmidt, R.

Bennett Gonzales Liss Schmidt, W.

Bledsoe Green Lori Schuitmaker

Bolger Gregory Lund Scott, B.

Booher Griffin Marleau Scott, P.

Brown, L. Haase Mayes Scripps

Brown, T. Haines McDowell Segal

Byrnes Hammel McMillin Sheltrown

Byrum Haugh Meadows Simpson

Calley Haveman Meekhof Slavens

Caul Hildenbrand Melton Slezak

Clemente Horn Meltzer Smith

Constan Huckleberry Miller Spade

Corriveau Jackson Moore Stamas

Coulouris Johnson Moss Stanley

Crawford Jones, Rick Nathan Switalski

Cushingberry 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 LeBlanc

Nays—3

Agema Amash Genetski

In The Chair: Jackson

The House agreed to the title of the bill.

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

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

______

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

“Mr. Speaker and members of the House:

This will simply encourage more people to not pay their bills and raise the rates of those that do. We should not be telling private entities what they must provide for free. There are many agencies that help in this arena already.”

Second Reading of Bills

House Bill No. 4385, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9e.

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

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

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

The motion prevailed.

Rep. Roberts 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. 4385, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9e.

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

Roll Call No. 109 Yeas—108

Agema Donigan Lahti Proos

Amash Durhal LeBlanc Roberts

Angerer Ebli Leland Rocca

Ball Elsenheimer Lemmons Rogers

Barnett Espinoza Lindberg Schmidt, R.

Bauer Geiss Lipton Schmidt, W.

Bennett Gonzales Liss Schuitmaker

Bledsoe Green Lori Scott, B.

Bolger Gregory Lund Scott, P.

Booher Griffin Marleau Scripps

Brown, L. Haase Mayes Segal

Brown, T. Haines McDowell Sheltrown

Byrnes Hammel McMillin Simpson

Byrum Haugh Meadows Slavens

Calley Haveman Meekhof Slezak

Caul Hildenbrand Melton Smith

Clemente Horn Meltzer Spade

Constan Huckleberry Miller Stamas

Corriveau Jackson Moore Stanley

Coulouris Johnson Moss Switalski

Crawford Jones, Rick Nathan Tlaib

Cushingberry Jones, Robert Nerat Tyler

Daley Kandrevas Neumann Valentine

Dean Kennedy Opsommer Walsh

Denby Knollenberg Pavlov Warren

DeShazor Kowall Pearce Womack

Dillon Kurtz Polidori Young

Nays—1

Genetski

In The Chair: Jackson

The House agreed to the title of the bill.

Rep. Roberts 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. 4386, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9h.

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

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

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

The motion prevailed.

Rep. Roberts 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. 4386, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9h.

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

Roll Call No. 110 Yeas—103

Angerer Durhal LeBlanc Rocca

Ball Ebli Leland Rogers

Barnett Elsenheimer Lemmons Schmidt, R.

Bauer Espinoza Lindberg Schmidt, W.

Bennett Geiss Lipton Schuitmaker

Bledsoe Gonzales Liss Scott, B.

Bolger Green Lori Scott, P.

Booher Gregory Lund Scripps

Brown, L. Griffin Marleau Segal

Brown, T. Haase Mayes Sheltrown

Byrnes Haines McDowell Simpson

Byrum Hammel McMillin Slavens

Calley Haugh Meadows Slezak

Caul Hildenbrand Melton Smith

Clemente Horn Meltzer Spade

Constan Huckleberry Miller Stamas

Corriveau Jackson Moore Stanley

Coulouris Johnson Moss Switalski

Crawford Jones, Rick Nathan Tlaib

Cushingberry Jones, Robert Nerat Tyler

Daley Kandrevas Neumann Valentine

Dean Kennedy Pavlov Walsh

Denby Knollenberg Pearce Warren

DeShazor Kowall Polidori Womack

Dillon Kurtz Proos Young

Donigan Lahti Roberts

Nays—6

Agema Genetski Meekhof Opsommer

Amash Haveman

In The Chair: Jackson

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

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

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9s.

The motion prevailed.

The House agreed to the title as amended.

Rep. Roberts 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. 4387, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9h.

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

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

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

The motion prevailed.

Rep. Roberts 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. 4387, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9h.

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

Roll Call No. 111 Yeas—106

Angerer Ebli Leland Roberts

Ball Elsenheimer Lemmons Rocca

Barnett Espinoza Lindberg Rogers

Bauer Geiss Lipton Schmidt, R.

Bennett Gonzales Liss Schmidt, W.

Bledsoe Green Lori Schuitmaker

Bolger Gregory Lund Scott, B.

Booher Griffin Marleau Scott, P.

Brown, L. Haase Mayes Scripps

Brown, T. Haines McDowell Segal

Byrnes Hammel McMillin Sheltrown

Byrum Hansen Meadows Simpson

Calley Haugh Meekhof Slavens

Caul Hildenbrand Melton Slezak

Clemente Horn Meltzer Smith

Constan Huckleberry Miller Spade

Corriveau Jackson Moore Stamas

Coulouris Johnson Moss Stanley

Crawford Jones, Rick Nathan Switalski

Cushingberry 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 LeBlanc

Nays—4

Agema Amash Genetski Haveman

In The Chair: Jackson

The House agreed to the title of the bill.

Rep. Roberts 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. 4388, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9d.

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

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

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

The motion prevailed.

Rep. Roberts 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. 4388, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9d.

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

Roll Call No. 112 Yeas—103

Angerer Durhal Lahti Rocca

Ball Ebli LeBlanc Rogers

Barnett Elsenheimer Leland Schmidt, R.

Bauer Espinoza Lemmons Schmidt, W.

Bennett Geiss Lindberg Schuitmaker

Bledsoe Gonzales Lipton Scott, B.

Bolger Green Liss Scott, P.

Booher Gregory Lori Scripps

Brown, L. Griffin Lund Segal

Brown, T. Haase Marleau Sheltrown

Byrnes Haines Mayes Simpson

Byrum Hammel McDowell Slavens

Calley Hansen Meadows Slezak

Caul Haugh Melton Smith

Clemente Hildenbrand Meltzer Spade

Constan Horn Miller Stamas

Corriveau Huckleberry Moore Stanley

Coulouris Jackson Moss Switalski

Crawford Johnson Nathan Tlaib

Cushingberry Jones, Rick Nerat Tyler

Daley Jones, Robert Neumann Valentine

Dean Kandrevas Pavlov Walsh

Denby Kennedy Pearce Warren

DeShazor Knollenberg Polidori Womack

Dillon Kowall Proos Young

Donigan Kurtz Roberts

Nays—7

Agema Genetski McMillin Opsommer

Amash Haveman Meekhof

In The Chair: Jackson

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

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

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9r.

The motion prevailed.

The House agreed to the title as amended.

Rep. Roberts 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. 4390, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 6t.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Roberts 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. 4390, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 6t.

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

Roll Call No. 113 Yeas—103

Angerer Durhal Lahti Rocca

Ball Ebli LeBlanc Rogers

Barnett Elsenheimer Leland Schmidt, R.

Bauer Espinoza Lemmons Schmidt, W.

Bennett Geiss Lindberg Schuitmaker

Bledsoe Gonzales Lipton Scott, B.

Bolger Green Liss Scott, P.

Booher Gregory Lori Scripps

Brown, L. Griffin Lund Segal

Brown, T. Haase Marleau Sheltrown

Byrnes Haines Mayes Simpson

Byrum Hammel McDowell Slavens

Calley Hansen Meadows Slezak

Caul Haugh Melton Smith

Clemente Hildenbrand Meltzer Spade

Constan Horn Miller Stamas

Corriveau Huckleberry Moore Stanley

Coulouris Jackson Nathan Switalski

Crawford Johnson Nerat Tlaib

Cushingberry Jones, Rick Neumann Tyler

Daley Jones, Robert Opsommer Valentine

Dean Kandrevas Pavlov Walsh

Denby Kennedy Pearce Warren

DeShazor Knollenberg Polidori Womack

Dillon Kowall Proos Young

Donigan Kurtz Roberts

Nays—7

Agema Genetski McMillin Moss

Amash Haveman Meekhof

In The Chair: Jackson

The House agreed to the title of the bill.

Rep. Roberts 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. 4391, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9f.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Roberts 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. 4391, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9f.

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

Roll Call No. 114 Yeas—110

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Genetski Lipton Schmidt, W.

Bennett Gonzales Liss Schuitmaker

Bledsoe Green Lori Scott, B.

Bolger Gregory Lund Scott, P.

Booher Griffin 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 Melton Smith

Clemente Hildenbrand Meltzer Spade

Constan Horn Miller Stamas

Corriveau Huckleberry Moore Stanley

Coulouris Jackson Moss Switalski

Crawford Johnson Nathan Tlaib

Cushingberry Jones, Rick Nerat Tyler

Daley Jones, Robert Neumann Valentine

Dean Kandrevas Opsommer Walsh

Denby Kennedy Pavlov Warren

DeShazor Knollenberg Pearce Womack

Dillon Kowall Polidori Young

Donigan Kurtz

Nays—0

In The Chair: Jackson

The House agreed to the title of the bill.

Rep. Roberts 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. 4392, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9i.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Roberts 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. 4392, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9i.

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

Roll Call No. 115 Yeas—110

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Genetski Lipton Schmidt, W.

Bennett Gonzales Liss Schuitmaker

Bledsoe Green Lori Scott, B.

Bolger Gregory Lund Scott, P.

Booher Griffin 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 Melton Smith

Clemente Hildenbrand Meltzer Spade

Constan Horn Miller Stamas

Corriveau Huckleberry Moore Stanley

Coulouris Jackson Moss Switalski

Crawford Johnson Nathan Tlaib

Cushingberry Jones, Rick Nerat Tyler

Daley Jones, Robert Neumann Valentine

Dean Kandrevas Opsommer Walsh

Denby Kennedy Pavlov Warren

DeShazor Knollenberg Pearce Womack

Dillon Kowall Polidori Young

Donigan Kurtz

Nays—0

In The Chair: Jackson

The House agreed to the title of the bill.

Rep. Roberts 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. 4649, entitled

A bill to amend 1984 PA 34, entitled “Michigan low income heating assistance and shut-off protection act,” by amending section 7 (MCL 400.1207).

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

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

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

The motion prevailed.

Rep. Roberts 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. 4649, entitled

A bill to amend 1984 PA 34, entitled “Michigan low income heating assistance and shut-off protection act,” by amending section 7 (MCL 400.1207).

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

Roll Call No. 116 Yeas—110

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Genetski Lipton Schmidt, W.

Bennett Gonzales Liss Schuitmaker

Bledsoe Green Lori Scott, B.

Bolger Gregory Lund Scott, P.

Booher Griffin 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 Melton Smith

Clemente Hildenbrand Meltzer Spade

Constan Horn Miller Stamas

Corriveau Huckleberry Moore Stanley

Coulouris Jackson Moss Switalski

Crawford Johnson Nathan Tlaib

Cushingberry Jones, Rick Nerat Tyler

Daley Jones, Robert Neumann Valentine

Dean Kandrevas Opsommer Walsh

Denby Kennedy Pavlov Warren

DeShazor Knollenberg Pearce Womack

Dillon Kowall Polidori Young

Donigan Kurtz

Nays—0

In The Chair: Jackson

The House agreed to the title of the bill.

Rep. Roberts 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. 4650, entitled

A bill to amend 1984 PA 34, entitled “Michigan low income heating assistance and shut-off protection act,” (MCL 400.1201 to 400.1217) by adding section 7a.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Roberts 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. 4650, entitled

A bill to amend 1984 PA 34, entitled “Michigan low income heating assistance and shut-off protection act,” (MCL 400.1201 to 400.1217) by adding section 7a.

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

Roll Call No. 117 Yeas—110

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Genetski Lipton Schmidt, W.

Bennett Gonzales Liss Schuitmaker

Bledsoe Green Lori Scott, B.

Bolger Gregory Lund Scott, P.

Booher Griffin 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 Melton Smith

Clemente Hildenbrand Meltzer Spade

Constan Horn Miller Stamas

Corriveau Huckleberry Moore Stanley

Coulouris Jackson Moss Switalski

Crawford Johnson Nathan Tlaib

Cushingberry Jones, Rick Nerat Tyler

Daley Jones, Robert Neumann Valentine

Dean Kandrevas Opsommer Walsh

Denby Kennedy Pavlov Warren

DeShazor Knollenberg Pearce Womack

Dillon Kowall Polidori Young

Donigan Kurtz

Nays—0

In The Chair: Jackson

The House agreed to the title of the bill.

Rep. Roberts 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. 4655, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9m.

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

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

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

The motion prevailed.

Rep. Roberts 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. 4655, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9m.

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

Roll Call No. 118 Yeas—109

Agema Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Genetski Lindberg Schmidt, R.

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 Simpson

Calley Haugh Meadows Slavens

Caul Haveman Meekhof Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Opsommer Walsh

DeShazor Knollenberg Pavlov Warren

Dillon Kowall Pearce Womack

Donigan Kurtz Polidori Young

Durhal

Nays—1

Amash

In The Chair: Jackson

The House agreed to the title of the bill.

Rep. Roberts 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. 4656, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9p.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Roberts 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. 4656, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9p.

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

Roll Call No. 119 Yeas—104

Angerer Durhal Lahti Roberts

Ball Ebli LeBlanc Rocca

Barnett Elsenheimer Leland Rogers

Bauer Espinoza Lemmons Schmidt, R.

Bennett Geiss Lindberg Schmidt, W.

Bledsoe Gonzales Lipton Schuitmaker

Bolger Green Liss Scott, B.

Booher Gregory Lori Scott, P.

Brown, L. Griffin Lund Scripps

Brown, T. Haase Marleau Segal

Byrnes Haines Mayes Sheltrown

Byrum Hammel McDowell Simpson

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Pavlov Walsh

DeShazor Knollenberg Pearce Warren

Dillon Kowall Polidori Womack

Donigan Kurtz Proos Young

Nays—6

Agema Genetski Meekhof Opsommer

Amash Haveman

In The Chair: Jackson

The House agreed to the title of the bill.

Rep. Roberts 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. 4657, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9k.

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

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

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

The motion prevailed.

Rep. Roberts 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. 4657, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9k.

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

Roll Call No. 120 Yeas—109

Agema Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Genetski Lindberg Schmidt, R.

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 Simpson

Calley Haugh Meadows Slavens

Caul Haveman Meekhof Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Opsommer Walsh

DeShazor Knollenberg Pavlov Warren

Dillon Kowall Pearce Womack

Donigan Kurtz Polidori Young

Durhal

Nays—1

Amash

In The Chair: Jackson

The House agreed to the title of the bill.

Rep. Roberts 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. 4658, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9o.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Roberts 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. 4658, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9o.

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

Roll Call No. 121 Yeas—104

Angerer Durhal Lahti Roberts

Ball Ebli LeBlanc Rocca

Barnett Elsenheimer Leland Rogers

Bauer Espinoza Lemmons Schmidt, R.

Bennett Geiss Lindberg Schmidt, W.

Bledsoe Gonzales Lipton Schuitmaker

Bolger Green Liss Scott, B.

Booher Gregory Lori Scott, P.

Brown, L. Griffin Lund Scripps

Brown, T. Haase Marleau Segal

Byrnes Haines Mayes Sheltrown

Byrum Hammel McDowell Simpson

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Pavlov Walsh

DeShazor Knollenberg Pearce Warren

Dillon Kowall Polidori Womack

Donigan Kurtz Proos Young

Nays—6

Agema Genetski Meekhof Opsommer

Amash Haveman

In The Chair: Jackson

The House agreed to the title of the bill.

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

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

______

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

“Mr. Speaker and members of the House:

This is needless regulation. This will cost us all in increased utility bills. How far must we regulate before we have become socialists.”

Second Reading of Bills

House Bill No. 4659, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9n.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Energy and Technology,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Roberts 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. 4659, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9n.

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

Roll Call No. 122 Yeas—104

Angerer Durhal Lahti Roberts

Ball Ebli LeBlanc Rocca

Barnett Elsenheimer Leland Rogers

Bauer Espinoza Lemmons Schmidt, R.

Bennett Geiss Lindberg Schmidt, W.

Bledsoe Gonzales Lipton Schuitmaker

Bolger Green Liss Scott, B.

Booher Gregory Lori Scott, P.

Brown, L. Griffin Lund Scripps

Brown, T. Haase Marleau Segal

Byrnes Haines Mayes Sheltrown

Byrum Hammel McDowell Simpson

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Pavlov Walsh

DeShazor Knollenberg Pearce Warren

Dillon Kowall Polidori Womack

Donigan Kurtz Proos Young

Nays—6

Agema Genetski Meekhof Opsommer

Amash Haveman

In The Chair: Jackson

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

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

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9q.

The motion prevailed.

The House agreed to the title as amended.

Rep. Roberts 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. 4660, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9g.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Energy and Technology,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Roberts 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. 4660, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9g.

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

Roll Call No. 123 Yeas—108

Agema Durhal Lahti Proos

Angerer Ebli LeBlanc Roberts

Ball Elsenheimer Leland Rocca

Barnett Espinoza Lemmons Rogers

Bauer Geiss Lindberg Schmidt, R.

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 Simpson

Calley Haugh Meadows Slavens

Caul Haveman Meekhof Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Opsommer Walsh

DeShazor Knollenberg Pavlov Warren

Dillon Kowall Pearce Womack

Donigan Kurtz Polidori Young

Nays—2

Amash Genetski

In The Chair: Jackson

The House agreed to the title of the bill.

Rep. Roberts 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. 4661, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9l.

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

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

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

The motion prevailed.

Rep. Roberts 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. 4661, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9l.

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

Roll Call No. 124 Yeas—109

Agema Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Genetski Lindberg Schmidt, R.

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 Simpson

Calley Haugh Meadows Slavens

Caul Haveman Meekhof Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Opsommer Walsh

DeShazor Knollenberg Pavlov Warren

Dillon Kowall Pearce Womack

Donigan Kurtz Polidori Young

Durhal

Nays—1

Amash

In The Chair: Jackson

The House agreed to the title of the bill.

Rep. Roberts 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. 4662, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9j.

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

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

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

The motion prevailed.

Rep. Roberts 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. 4662, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9j.

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

Roll Call No. 125 Yeas—107

Angerer Ebli LeBlanc Roberts

Ball Elsenheimer Leland Rocca

Barnett Espinoza Lemmons Rogers

Bauer Geiss Lindberg Schmidt, R.

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 Simpson

Calley Haugh Meadows Slavens

Caul Haveman Meekhof Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Opsommer Walsh

DeShazor Knollenberg Pavlov Warren

Dillon Kowall Pearce Womack

Donigan Kurtz Polidori Young

Durhal Lahti Proos

Nays—3

Agema Amash Genetski

In The Chair: Jackson

The House agreed to the title of the bill.

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

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

______

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:

More needless regulations that adds to your utility bill. Few people read this type of stuff but it all adds cost.”

Second Reading of Bills

House Bill No. 4673, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9q.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Energy and Technology,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Roberts 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. 4673, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9q.

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

Roll Call No. 126 Yeas—104

Angerer Durhal Lahti Roberts

Ball Ebli LeBlanc Rocca

Barnett Elsenheimer Leland Rogers

Bauer Espinoza Lemmons Schmidt, R.

Bennett Geiss Lindberg Schmidt, W.

Bledsoe Gonzales Lipton Schuitmaker

Bolger Green Liss Scott, B.

Booher Gregory Lori Scott, P.

Brown, L. Griffin Lund Scripps

Brown, T. Haase Marleau Segal

Byrnes Haines Mayes Sheltrown

Byrum Hammel McDowell Simpson

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Spade

Corriveau Huckleberry Miller Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Pavlov Walsh

DeShazor Knollenberg Pearce Warren

Dillon Kowall Polidori Womack

Donigan Kurtz Proos Young

Nays—6

Agema Genetski Meekhof Opsommer

Amash Haveman

In The Chair: Jackson

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

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

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9r.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Roberts moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Miller, Ball, Booher, Terry Brown, Byrnes, Caul, Constan, Cushingberry, Dean, Durhal, Geiss, Genetski, Gonzales, Green, Gregory, Hansen, Haugh, Horn, Robert Jones, Knollenberg, Kurtz, Lahti, Leland, Liss, Marleau, Mayes, Meadows, Meltzer, Moore, Moss, Neumann, Opsommer, Polidori, Proos, Roberts, Rocca, Rogers, Roy Schmidt, Wayne Schmidt, Scripps, Sheltrown, Simpson, Smith, Spade, Stanley, Switalski, Tlaib, Tyler, Valentine, Warren and Young offered the following resolution:

House Resolution No. 59.

A resolution designating April 2, 2009, as Community College Day in the state of Michigan.

Whereas, The first Michigan two-year college, Grand Rapids Junior College, opened in 1914, and provided high school graduates with two years of general education classes preparing them for future education or workforce experience; and

Whereas, Twenty-seven additional community colleges have been established throughout the state of Michigan since 1914. The community colleges of Michigan include: Alpena Community College, Bay College, Delta College, Glen Oaks Community College, Gogebic Community College, Grand Rapids Community College, Henry Ford Community College, Jackson Community College, Kalamazoo Valley Community College, Kellogg Community College, Kirtland Community College, Lake Michigan Community College, Lansing Community College, Macomb Community College, Mid Michigan Community College, Monroe County Community College, Montcalm Community College, Mott Community College, Muskegon Community College, North Central Michigan Community College, Northwestern Michigan College, Oakland Community College, St. Clair County Community College, Schoolcraft College, Southwestern Michigan College, Washtenaw Community College, Wayne County Community College District, and West Shore Community College. These institutions educate nearly a half-million students each year; and

Whereas, Michigan community colleges have developed and evolved their educational offerings to include state-of-the-art technical and vocational programs while maintaining high academic standards; and

Whereas, Our state’s community colleges are now recognized as leaders in workforce preparation, training, and retraining, as well as offering community services and cultural opportunities to Michigan communities; and

Whereas, Students investing in a Michigan community college education enjoy an attractive return on investment because of future earning capacity; and

Whereas, The role community colleges play in Michigan’s economic development continues to be more vital as our state’s workforce looks to compete both nationally and globally for the jobs of tomorrow; now, therefore, be it

Resolved in the House of Representatives, That the members of this legislative body recognize April 2, 2009, as Community College Day in the state of Michigan and urge the appropriate observance; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Community College Association members as a token of our appreciation.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Miller, Ball, Terry Brown, Byrnes, Constan, Cushingberry, Dean, DeShazor, Durhal, Geiss, Gonzales, Green, Gregory, Haugh, Robert Jones, Kurtz, Lahti, Leland, Marleau, Mayes, Meadows, Moss, Neumann, Proos, Rocca, Roy Schmidt, Smith, Spade, Valentine, Warren and Young offered the following resolution:

House Resolution No. 60.

A resolution recognizing April 2009 as Multiple Birth Awareness Month in the state of Michigan.

Whereas, The National Organization of Mothers of Twins Clubs, Inc., Twins Magazine and the Fetal Hope Foundation have joined with local organizations to establish and celebrate April as the first annual National Multiple Birth Awareness Month; and

Whereas, Multiple births are on the rise. The number of live births in twin deliveries rose 1 percent between 2004 and 2005 to 133,122 births; this number has almost doubled since 1980 (from 68,339). In 2005, there were also 6,208 triplets, 418 quadruplets and 68 quintuplets born nationwide; and

Whereas, This month will be used to spread awareness about the issues that families of multiple births face including what to know when expecting multiples, twin-to-twin transfusion Syndrome and other fetal issues directly affecting multiple birth pregnancies, premature births and low birth weights, multiples with special needs; the exception physical and bonding demands placed on parents, and the separation of multiples in classrooms; and

Whereas, There are many local support groups for parents of multiples. By raising awareness of multiple births, this month also encourages parents of multiples or who are expecting multiples to seek out the resources and support found with local mothers of twins clubs, through their prenatal care provider, pediatrician, local hospital or the Michigan Organization of Mothers of Twins Clubs. These clubs are established to serve parents or guardians of multiple birth children through education, research and fellowship; and

Whereas, We join with the many parents of multiples to celebrate the joys and challenges they face in raising their twins, triplets or more and support efforts to educate our communities about the needs and challenges of multiple birth children; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize and celebrate the month of April 2009 as Multiple Birth Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Byrnes, Ball, Booher, Terry Brown, Caul, Constan, Cushingberry, Dean, Durhal, Geiss, Gonzales, Green, Gregory, Haugh, Robert Jones, Knollenberg, Kurtz, Lahti, Leland, Liss, Marleau, Mayes, Meadows, Moss, Polidori, Proos, Roberts, Rogers, Roy Schmidt, Bettie Scott, Sheltrown, Smith, Spade, Stanley, Valentine, Warren and Young offered the following resolution:

House Resolution No. 61.

A resolution proclaiming the week of April 20-24, 2009, as Graduate Education Week in the state of Michigan.

Whereas, A graduate education attracts students from across the nation and world to Michigan universities for advanced training; and

Whereas, In graduate certificate, masters, specialist and doctoral programs across the state, graduate educators are providing access to cutting edge knowledge and analytic skills essential to ensuring that Michigan workers are among the most productive, creative, and innovative in the world; and

Whereas, Graduate students make vital contributions to the teaching and research that underpins our new knowledge-based economy and supports community engagement while serving as teaching and research assistants; and

Whereas, Michigan graduate students continue to change the way we fuel Michigan’s economy by stimulating entrepreneurship, improving the quality of life, researching (to name a few) renewable energy sources, water quality, new technologies, agricultural productivity, transportation enhancements, sustainability, management of natural resources, disease prevention, medical innovations, healthcare delivery mechanisms, unique health care issues for children and the elderly; and

Whereas, Michigan teachers/faculty with advanced degrees are creating learning environments that assist Michigan’s children, young adults, and lifetime learners to become more productive and informed citizens who are able to meet Michigan’s workforce needs; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body proclaim the week of April 20-24, 2009, as Graduate Education Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Cushingberry, Amash, Dean, Durhal, Gonzales, Gregory, Robert Jones, Lahti, Leland and Roy Schmidt offered the following resolution:

House Resolution No. 62.

A resolution to memorialize the United States Congress to repeal the federal Controlled Substances Act and allow all scheduled drugs to be regulated at the state level.

Whereas, The Controlled Substances Act (CSA) of 1970, upon which all federal drug laws are based, is a failure. Nearly 40 years after the CSA was passed, there are 400,000 people in prison for nonviolent drug crimes. Nearly a trillion dollars have been spent on enforcement, both in the U.S. and through aggressive interdiction efforts overseas. Many urban areas, such as Detroit, Los Angeles, and Chicago, can resemble war zones as violence is bred by illegal drug trafficking. Yet, illicit drugs like cocaine and marijuana are as cheap and abundant as they were in 1970. The street price of both drugs has actually dropped since the government began keeping track in the early 1980s; and

Whereas, The failure of the CSA is evidenced by its treatment of medical marijuana. People with chronic illnesses and the doctors that treat them know that marijuana can ameliorate a patient’s fatigue, restore appetite, diminish pain, remedy nausea, cure vomiting and curtail weight loss. People suffering with multiple sclerosis, Crohn’s disease, migraine headaches, severe nausea and vomiting, convulsive disorders, and the AIDS wasting syndrome find that marijuana is more effective, less toxic, and less expensive than conventional medicines. Yet, federal SWAT teams storm medical marijuana clinics and make patients feel like criminals. In California, the federal government prevented a dying woman from possessing medical marijuana, solely for her own use, to treat the symptoms of her illnesses, even though the voters of California had determined that she should be left alone; and

Whereas, The federal CSA is unconstitutional. The tenth amendment of the Constitution asserts that powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. There is no mention of drugs in the Constitution. Each state should have the ability to prohibit, or allow, drug use according to state drug laws and the wishes of it’s population; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the United States Congress to repeal the federal Controlled Substances Act and allow all scheduled drugs to be regulated at the state level; 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 Judiciary.

Reps. McMillin, Cushingberry, Durhal, Genetski, Gregory, Griffin, Knollenberg, Kurtz, Lahti, Leland, Marleau, Moss, Rocca, Rogers, Roy Schmidt, Bettie Scott and Young offered the following resolution:

House Resolution No. 63.

A resolution to urge the Michigan Public Service Commission to act quickly to prevent the recently proposed hikes in Michigan consumers’ electric rates.

Whereas, Nearly 4 million homes and businesses in Michigan depend on Detroit Edison and Consumers Energy to supply one of the most basic of consumer needs, electricity. Electricity is vital to every enterprise in Michigan. Reliable and reasonably priced electricity is critical to Michigan’s future; and

Whereas, Detroit Edison and Consumers Energy recently proposed significant rate increases. Detroit Edison is proposing a $378 million rate increase, while Consumers Energy is proposing a $215 million rate increase. These are on top of rate increases that just took effect last year. In 2008, Detroit Edison’s and Consumers Energy’s electric rates increased by three to four percent; and

Whereas, Now is not the time to raise Michigan consumers’ electric rates. Michigan has the highest unemployment rate in the nation. More than 11 percent of Michigan residents are out of a job. Foreclosures are at an all-time high. Homeowner’s taxes are going up, while their home values are receding. Our manufacturers and our businesses are struggling. The last thing Michigan consumers need is an 11 percent hike in their electric rates; and

Whereas, The proposed rate hikes can take effect automatically under a new state law if the Michigan Public Service Commission fails to act within six months of the requests being filed. In 2008, the commission reduced Consumers Energy’s and Detroit Edison’s electric rate increase requests by 60 and 71 percent respectively. Clearly, there is reason to think the utilities’ current rate increase proposals are significantly higher than warranted. However, if the commission doesn’t act within six months these dramatic rate increases can go into effect; now, therefore, be it

Resolved by the House of Representatives, That we urge the Michigan Public Service Commission to act quickly to prevent the recently proposed hikes in Michigan consumers’ electric rates; and be it further

Resolved, That copies of this resolution be transmitted to Chairman of the Michigan Public Service Commission.

The resolution was referred to the Committee on Judiciary.

Reps. Coulouris, Ball, Booher, Terry Brown, Byrnes, Constan, Cushingberry, Dean, DeShazor, Durhal, Geiss, Gonzales, Green, Gregory, Griffin, Haugh, Horn, Rick Jones, Robert Jones, Knollenberg, Kurtz, Lahti, Leland, Lipton, Liss, Marleau, Mayes, Meadows, Moore, Moss, Neumann, Opsommer, Polidori, Proos, Roberts, Rocca, Rogers, Roy Schmidt, Scripps, Sheltrown, Smith, Spade, Stanley, Switalski, Tlaib, Valentine, Warren and Young offered the following resolution:

House Resolution No. 64.

A resolution recognizing April 2009 as Financial Literacy for Youth Month in the state of Michigan.

Whereas, The informed use of credit and other financial products and services benefits individual consumers and promotes economic growth; and

Whereas, Financial literacy encourages greater economic self-sufficiency, higher levels of home ownership, and enhanced retirement security, particularly among low- and moderate income citizens; and

Whereas, The past decade has seen declining personal savings rates, increased bankruptcy filings, and rising percentages of family income devoted to serving household debt; and

Whereas, Only 26 percent of 13- to 21-year-olds reported that their parents actively taught them how to manage money; and

Whereas, A 2008 study by Jump$tart Coalition for Personal Financial Literacy found that high school seniors know even less about credit cards, retirement funds, insurance, and other personal finance basics than seniors did five years ago; and

Whereas, Personal financial education is essential to ensure that our youths are prepared to manage money, credit, and debt, while also becoming responsible workers, heads of households, investors, entrepreneurs, business leaders, and citizens; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize April 2009 as Financial Literacy for Youth Month in the state of Michigan. This month will raise public awareness about the need for increased financial literacy in our schools and among our children and to urge the awareness of the serious problems that are associated with a lack of understanding about personal finances; and be it further

Resolved, That we call on each parent, school, business, community organization, and unit of government to observe the month with appropriate programs and activities.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Knollenberg, Agema, Amash, Caul, Genetski, Green, Marleau, McMillin, Meltzer, Moss, Opsommer, Polidori and Sheltrown offered the following resolution:

House Resolution No. 65.

A resolution to memorialize the Congress of the United States to increase the federal capital loss deduction from $3,000 to $6,000.

Whereas, Our nation, the state of Michigan in particular, is facing one of the most challenging recessions in memory. Financial and credit markets have been particularly hard hit by this fiscal tsunami. Clearly, as our state and the nation adjusts to the realities of these new economic forces, the federal government should step up and come to the aid of the average taxpayer ravaged by these forces of change; and

Whereas, With the stock market hitting unprecedented lows and blue chip stock values plummeting, investments have been especially affected by our economic downturn. Nonetheless, the crisis in the housing market and the credit crunch have forced many individual investors to cash out stocks at a loss, to pay their mortgages and keep their families afloat in the face of these trying times. The Internal Revenue Code provides a certain amount of tax relief for capital losses in excess of gains in these circumstances, but considering the state of the economy, more needs to be done to help the average taxpayer; and

Whereas, Indeed, the United States Congress should make every effort to help taxpayers weather our economic storm. The most obvious solution would be to extend the tax relief for those taxpayers who have been forced by the economy to sell capital assets at a loss. The current maximum deduction for a capital loss is $3,000. This deduction, at a minimum, should be increased to $6,000. This simple reform would go a long way to help alleviate the effects of this recession on our average taxpayers; now, therefore, be it

Resolved by the House of Representatives, That we hereby memorialize the Congress of the United States to increase the federal capital loss deduction from $3,000 to $6,000; 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 Tax Policy.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members on Thursday, March 26:

Senate Bill No. 410

The Clerk announced the enrollment printing and presentation to the Governor on Friday, March 27, for her approval of the following bill:

Enrolled House Bill No. 4515 at 11:17 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, March 27:

House Bill Nos. 4705 4706 4707 4708 4709 4710 4711 4712 4713 4714 4715 4716 4717 4718

4719 4720 4721 4722

The Clerk announced the enrollment printing and presentation to the Governor on Monday, March 30, for her approval of the following bill:

Enrolled House Bill No. 4582 at 2:54 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, March 31:

Senate Bill Nos. 411 412

Reports of Standing Committees

The Committee on Energy and Technology, by Rep. Mayes, Chair, reported

House Concurrent Resolution No. 13.

A concurrent resolution to urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.

(For text of concurrent resolution, see House Journal No. 22, p. 381.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Mayes, Geiss, Clemente, Huckleberry, Lindberg, Lipton, Melton, Scripps, Horn, Crawford, Opsommer, Proos and Wayne Schmidt

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Mayes, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Tuesday, March 31, 2009

Present: Reps. Mayes, Geiss, Clemente, Huckleberry, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker

Absent: Reps. Lisa Brown, Ebli and Johnson

Excused: Reps. Lisa Brown, Ebli and Johnson

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

House Bill No. 4475, entitled

A bill to establish the autism research fund in the department of community health; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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. Corriveau, Segal, Byrum, Coulouris, Donigan, Liss, Neumann, Roy Schmidt, Simpson, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green, Moore and Paul Scott

Nays: None

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

House Bill No. 4477, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2008 PA 560.

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. Corriveau, Segal, Byrum, Coulouris, Donigan, Liss, Neumann, Roy Schmidt, Simpson, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green, Moore and Paul Scott

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, March 31, 2009

Present: Reps. Corriveau, Segal, Byrum, Coulouris, Donigan, Liss, Neumann, Roy Schmidt, Simpson, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green, Moore and Paul Scott

Absent: Reps. Johnson and Womack

Excused: Reps. Johnson and Womack

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

House Bill No. 4722, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 447.

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. Constan, Liss, Corriveau, Simpson, 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, March 31, 2009

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 31, 2009

Present: Reps. Leland, Nathan, Barnett, Segal, Stanley, Paul Scott, Hansen, Meltzer and Pavlov

Absent: Reps. Meadows and Womack

Excused: Reps. Meadows and Womack

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, March 31, 2009

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

Absent: Rep. Ebli

Excused: Rep. Ebli

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, March 31, 2009

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

Messages from the Senate

Senate Concurrent Resolution No. 10.

A concurrent resolution to urge Congress to enact a waiver or exclusion for youth motorcycles and all-terrain vehicles from the lead requirements of the Consumer Product Safety Improvement Act and to encourage the Consumer Product Safety Commission to exclude those products under their regulatory authority.

Whereas, In the aftermath of highly-publicized recalls of children’s toys and products containing toxic substances, most notably lead, Congress enacted H.R. 4040 in 2008 to reform and strengthen the authority of the U.S. Consumer Product Safety Commission to monitor the safety of goods sold in the global marketplace. The act prohibits the manufacture and sale of children’s products containing lead. “Containing lead” is considered as more than 600 parts per million (ppm) by February 10, 2009, whether the lead is in the paint or content of the product; and

Whereas, Under the newly-enacted law, “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. This law has had the unintended consequence of halting nationwide sales of off-road motorcycles, all-terrain vehicles (ATV), and after-market parts manufactured for young riders; and

Whereas, Off-road cycling and power sports involving youths is a multimillion-dollar industry. An estimated 100,000 youth bikes were sold in the United States in 2008, and current inventory aimed at children under the age of 12 is valued at $100 million; and

Whereas, Under the doctrine enunciated in Chevron, U.S.A., Inc. v. Natural Res. Def. Council, 467 U.S. 837, 842-45 (1984), a regulatory agency is permitted to adopt a reasonable interpretation of a statute that Congress entrusts that agency to administer. In choosing among reasonable interpretations, an agency may consider their policy implications. (Chevron, 467 U.S. at 843.) Here, substantial policy implications point in favor of staying the effective date of Section 101(a)(2) until the final substantive rules and interpretative regulations can be established and regulated entities can, as a practical matter, determine whether particular new and existing products are in compliance with the lead content requirements; and

Whereas, The components, parts, and accessories of the youth motor vehicles that have been targeted by the lead law include lead battery terminals, fittings and connectors, engine housings, chassis parts, tire valve stems, brake levers, clutch levers, and many others. Yet the industry points out that lead-containing parts and accessories are highly unlikely to be touched by children, and any contact that may occur poses no risk to children ages 12 and younger; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge Congress to enact a waiver or exclusion for youth motorcycles, all-terrain, and snowmobiles vehicles from the lead requirements of the Consumer Product Safety Improvement Act; and be it further

Resolved, That we also urge the Consumer Products Safety Commission under the doctrine enunciated in Chevron, U.S.A., Inc. v. Natural Res. Def. Council, 467 U.S. 837, 842-45 (1984), to issue a regulation exempting youth motorcycles, all-terrain vehicles, and snowmobiles from the lead requirements of the Consumer Product Safety Improvement Act; and be it further

Resolved, That copies of this resolution be transmitted to the Consumer Product Safety Commission, 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 Senate has adopted the concurrent resolution.

Reps. Agema, Cushingberry, DeShazor, Gonzales, Hansen, Horn, Rick Jones, Robert Jones and Kurtz were named co‑sponsors of the concurrent resolution.

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

Messages from the Governor

Date: March 31, 2009

Time: 9:20 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4582 (Public Act No. 3, I.E.), being

An act to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2009; and to provide for the expenditure of the appropriations.

(Filed with the Secretary of State March 31, 2009, at 10:05 a.m.)

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

March 27, 2009

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Community Health and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-051 CH (Secretary of State Filing #09-03-03) on this date at 4:07 p.m. for the Department of Community Health, entitled “Medical Marihuana”.

These rules become effective on April 4, 2009.

March 27, 2009

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy Labor & Economic Growth and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-012 LG (Secretary of State Filing #09-03-04) on this date at 4:09 p.m. for the Department of Energy Labor & Economic Growth, entitled “Part 29. Communication Towers”.

These rules take effect 14 days after filing with the Secretary of State.

March 27, 2009

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of History Arts & Libraries and the State Office of Administrative Hearings and Rules filed Administrative Rule #2006-058 HA (Secretary of State Filing #09-03-05) on this date at 4:11 p.m. for the Department of History Arts & Libraries, entitled “State Aid Rules”.

These rules take effect on October 1, 2009.

Sincerely,

Terri Lynn Land

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Reps. Espinoza, Pavlov and Haase introduced

House Bill No. 4723, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 8a (MCL 125.2688a), as amended by 2008 PA 116.

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

Reps. Pavlov, Espinoza and Haase introduced

House Bill No. 4724, entitled

A bill to create the blue water bridge oversight committee in the legislative council; to provide for certain duties, functions, and powers; and to provide for certain duties of certain state agencies.

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

Reps. Espinoza, Pavlov and Haase introduced

House Bill No. 4725, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 2 (MCL 207.772), as amended by 2008 PA 284.

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

Reps. Roy Schmidt, Green, Gregory, Kandrevas, Slezak, Robert Jones, Dean and Cushingberry introduced

House Bill No. 4726, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 321a (MCL 257.321a), as amended by 2004 PA 362.

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

Rep. Huckleberry introduced

House Bill No. 4727, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2006 PA 574.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.

Reps. Amash, Agema, Lund, Meltzer, McMillin, Wayne Schmidt, Knollenberg, Denby, Paul Scott, Rogers, Kurtz, Bolger, Opsommer, Calley, Crawford, Daley, Haveman, Stamas, Genetski, Walsh, Moss, Marleau, Meekhof, Hildenbrand and Elsenheimer introduced

House Bill No. 4728, entitled

A bill to repeal 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601).

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

Reps. Angerer, Sheltrown, Leland, Bolger, Melton, Durhal, Lori, Meadows and Dean introduced

House Bill No. 4729, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 14; and to repeal acts and parts of acts.

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

Reps. Bolger, Sheltrown, Leland, Melton, Durhal, Lori, Meadows and Dean introduced

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.

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

Reps. Corriveau, Sheltrown, Leland, Melton, Durhal, Lori, Meadows and Dean introduced

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.

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

Reps. Valentine, Sheltrown, Leland, Melton, Durhal, Lori, Meadows and Dean introduced

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.

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

Reps. Johnson, Sheltrown, Leland, Melton, Durhal, Lori, Meadows and Dean introduced

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.

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

Reps. Dean, Sheltrown, Leland, Melton, Durhal, Lori and Meadows introduced

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.

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

Reps. Jackson, Sheltrown, Leland, Melton, Durhal, Lori, Meadows and Dean introduced

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.

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

Reps. Stamas, Bolger, Sheltrown, Leland, Melton, Durhal, Meadows and Dean introduced

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.

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

Reps. Lori, Bolger, Sheltrown, Leland, Melton and Durhal introduced

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.

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

Reps. Terry Brown, Sheltrown, Leland, Melton, Durhal, Meadows and Dean introduced

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.

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

Reps. Melton, Rick Jones and Dean introduced

House Bill No. 4739, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 15 (MCL 423.215), as amended by 1994 PA 112.

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

Reps. Melton and Coulouris introduced

House Bill No. 4740, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 463.

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

Reps. Rick Jones, Melton and Dean introduced

House Bill No. 4741, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1242.

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

Reps. Bettie Scott, Geiss, Young, Womack, Kennedy, Constan, Liss, Haugh, Tlaib, Miller, Gonzales, Nathan, Robert Jones, Durhal, Gregory, Hammel, Bennett, Leland, Smith, Warren, Lemmons, Terry Brown, Polidori, Huckleberry, Bledsoe, Espinoza, Stanley and Spade introduced

House Bill No. 4742, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 520m (MCL 750.520m), as amended by 2008 PA 380.

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

Reps. Booher, Horn, Caul, Wayne Schmidt, Calley, Lahti, Hansen, Kowall, Rogers and Coulouris introduced

House Bill No. 4743, entitled

A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4205 (MCL 487.14205).

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

Reps. Booher, Horn, Caul, Wayne Schmidt, Calley, Hansen, Lahti and Kowall introduced

House Bill No. 4744, entitled

A bill to amend 1913 PA 380, entitled “An act to regulate gifts of real and personal property to cities, villages, townships, and counties, and the use of those gifts and other funds; and to validate all gifts made before the enactment of this act,” by amending section 2 (MCL 123.872), as amended by 2003 PA 122.

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

Reps. Melton, Gregory, Johnson, Polidori, LeBlanc, Rogers, Stamas and Dean introduced

House Bill No. 4745, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 4, 5, and 614 (MCL 380.4, 380.5, and 380.614), section 4 as amended by 2008 PA 1, section 5 as amended by 2005 PA 61, and section 614 as amended by 2004 PA 419.

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

Reps. LeBlanc, Gregory, Johnson, Polidori, Agema, Melton, Rogers, Stamas and Dean introduced

House Bill No. 4746, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 302 and 644g (MCL 168.302 and 168.644g), section 302 as amended by 2005 PA 71 and section 644g as amended by 2004 PA 293, and by adding section 642c.

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

Reps. LeBlanc, Mayes, Stamas, Hildenbrand, Terry Brown, Neumann, McMillin, Calley, Daley, Espinoza, Rick Jones, Meltzer, Hammel, Crawford, Amash, Sheltrown, Spade, Moore, Elsenheimer, Johnson, Huckleberry, Lori, Bennett, Genetski, Pavlov, Opsommer, Kowall, Lund, Agema, Walsh, Kurtz, Miller, Melton, Dean, Byrum and Leland introduced

House Bill No. 4747, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 658 (MCL 257.658), as amended by 2002 PA 494.

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

Rep. LeBlanc introduced

House Bill No. 4748, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 636 (MCL 257.636).

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

Rep. Clemente introduced

House Bill No. 4749, entitled

A bill to amend 1996 PA 354, entitled “Savings bank act,” by amending section 512 (MCL 487.3512).

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

Announcements by the Clerk

March 27, 2009

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

Performance audit of the Principal Residence Exemption Program, Department of Treasury, March 2009.

Richard J. Brown

Clerk of the House

______

Rep. Rocca moved that the House adjourn.

The motion prevailed, the time being 4:15 p.m.

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

RICHARD J. BROWN

Clerk of the House of Representatives

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