No. 30
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Thursday, April 2, 2009.
12:00 Noon.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Durhal—present Lahti—present Proos—present
Amash—present Ebli—present LeBlanc—present Roberts—present
Angerer—present Elsenheimer—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. Goeff Hansen, from the 100th District, offered the following invocation:
“Our Heavenly Father, creator of all things. We thank You for this day. We thank You for this beautiful state and ask You to bless us as we serve the people of Michigan. God, we ask You to lay Your hand upon us as we work to turn our great state around. Now more then ever Your guidance is needed as we make our decisions-not as republicans and democrats, but as legislators speaking for every man, woman, boy or girl. These things we ask in the name of Jesus Christ our Savior. Amen.”
Reports of Standing Committees
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
House Bill No. 4435, entitled
A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Booher, Caul and Hildenbrand
Nays: Reps. Moss, Proos and Schuitmaker
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
House Bill No. 4437, entitled
A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski and Tlaib
Nays: Reps. Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, April 1, 2009
Present: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
The Speaker laid before the House
House Resolution No. 40.
A resolution to memorialize the Congress of the United States to enact an oversight mechanism or structure to ensure that the federal stimulus assistance to the domestic automotive industry be used to pay outstanding debts due to the tool, die, and mold industry.
(For text of resolution, see House Journal No. 17, p. 267.)
(The resolution was reported by the Committee on Commerce on April 1, with substitute (H-1), see House Journal No. 29, p. 562; substitute (H-1) adopted and resolution postponed for the day on April 1, see House Journal No. 29, p. 577.)
The question being on the adoption of the resolution,
Rep. Meltzer moved to substitute (H-4) the resolution as follows:
Substitute for House Resolution No. 40.
A resolution memorializing the Congress of the United States to give fair consideration to all facets of the domestic automotive industry in the distribution of the $5 billion federal auto supplier TARP funding, and to enact an oversight mechanism to assure that the funds are fairly distributed.
Whereas, Our domestic automobile industry has been the focus of much of the economic revitalization activity in Congress. While the health and well-being of the automotive industry is a key to our nation’s, and, in particular, Michigan’s economic recovery, attention should be paid to all facets of the automotive manufacturing process. For example, the production from our local tool, die, and mold shops is one of the first steps in the development of new and redesigned products that ultimately grace the showroom floor. Due to the fact that their contribution to the process takes place up to 24 months or more in advance of motor vehicle production, auto supplier TARP funds may take months to trickle down to the tool, die, and mold shops, and may not reach down to that level at all; and
Whereas, The tool, die, and mold industry plays a key role in the automotive manufacturing industry. As has the entire domestic automotive industry, the domestic tooling, machining, and molding industries have been also hard hit by the tumultuous forces of foreign competition, rapidly escalating materials costs, and tight credit. This has resulted in job losses and economic hardships throughout the entire automotive and related industries. Indeed, in Michigan, tool, die, and mold employment peaked around 1998, and, by 2003 it had lost over 30,000 jobs. Many of the companies threatened are higher wage, mom and pop operations scattered throughout every corner of the state; and
Whereas, Clearly, as the entire automotive industry is striving to keep its head above water, it is incumbent on Washington to recognize that all facets of the industry are struggling. Congress must assure that these auto supplier TARP payments flow to the manufacturers and their first suppliers and on down to our tool, die, and mold operations in Michigan; now, therefore, be it
Resolved by the House of Representatives, That we hereby memorialize the Congress of the United States to give fair consideration to all facets of the domestic automotive industry in the distribution of the $5 billion federal auto supplier TARP funding, and to enact an oversight mechanism to ensure that the funds are fairly distributed; 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 motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
Rep. Meltzer demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 136 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
Second Reading of Bills
House Bill No. 4473, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 1980 PA 457.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Labor,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Reps. Haase and McMillin moved to amend the bill as follows:
1. Amend page 3, line 8, after the first “THE” by striking out “5” and inserting “10”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Haase moved to amend the bill as follows:
1. Amend page 2, line 8, after the second “A” by striking out “FULLY PAID”.
2. Amend page 2, line 9, after “EMPLOYED” by inserting “FULL- OR PART-TIME”.
3. Amend page 2, line 9, after “MORE,” by inserting “OR WHO HAS BEEN A VOLUNTEER FIRE FIGHTER 60 MONTHS OR MORE,”.
4. Amend page 2, line 12, after “A” by striking out “FULLY PAID”.
5. Amend page 2, line 17, after “WORK-RELATED” by inserting “OR VOLUNTEER-RELATED”.
6. Amend page 3, line 3, after the second “A” by striking out “FULLY PAID”.
7. Amend page 3, line 6, after “MEMBER” by striking out the balance of the line.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Lund moved to amend the bill as follows:
1. Amend page 2, line 15, after “ITSELF,” by inserting “WHO IMMEDIATELY PRIOR TO THAT ACTIVE SERVICE EMPLOYMENT RECEIVED A PHYSICAL EXAMINATION THAT DID NOT SHOW ANY EVIDENCE OF ANY RESPIRATORY TRACT, BLADDER, SKIN, BRAIN, KIDNEY, BLOOD, OR LYMPHATIC CANCER,”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Haase moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4473, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 1980 PA 457.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 137 Yeas—96
Angerer Espinoza Lemmons Rogers
Ball Geiss Lindberg Schmidt, R.
Barnett Gonzales Lipton Schmidt, W.
Bauer Green Liss Schuitmaker
Bennett Gregory Lori Scott, B.
Bledsoe Griffin Marleau Scott, P.
Bolger Haase Mayes Scripps
Brown, L. Haines McDowell Segal
Brown, T. Hammel McMillin Sheltrown
Byrnes Hansen Meadows Simpson
Byrum Haugh Melton Slavens
Calley Haveman Meltzer Slezak
Clemente Huckleberry Miller Smith
Constan Jackson Moore Spade
Corriveau Johnson Moss Stamas
Coulouris Jones, Rick Nathan Stanley
Cushingberry Jones, Robert Nerat Switalski
Dean Kandrevas Neumann Tlaib
Denby Kennedy Pavlov Tyler
DeShazor Knollenberg Pearce Valentine
Dillon Kowall Polidori Walsh
Donigan Lahti Proos Warren
Durhal LeBlanc Roberts Womack
Ebli Leland Rocca Young
Nays—14
Agema Crawford Hildenbrand Lund
Amash Daley Horn Meekhof
Booher Elsenheimer Kurtz Opsommer
Caul Genetski
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Barnett, Bauer, Bennett, Lisa Brown, Terry Brown, Byrum, Constan, Corriveau, Dean, Denby, DeShazor, Donigan, Durhal, Ebli, Espinoza, Geiss, Gonzales, Gregory, Griffin, Hammel, Hansen, Haugh, Huckleberry, Jackson, Rick Jones, Robert Jones, Kennedy, Lahti, Leland, Lipton, Liss, Lori, Mayes, McDowell, McMillin, Meadows, Melton, Neumann, Polidori, Roberts, Rocca, Rogers, Roy Schmidt, Wayne Schmidt, Bettie Scott, Paul Scott, Scripps, Segal, Sheltrown, Slavens, Slezak, Smith, Spade, Stamas, Stanley, Switalski, Tlaib, Valentine and Warren were named co‑sponsors of the bill.
______
Rep. Elsenheimer, 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 actually a bill which I could support, but where do the revenues to support this program come from? This state is bleeding $5 million dollars per work day, and the legislature is taking up bills to create new lines of expenditure. It’s unrealistic, and unfortunate. Let’s bring this bill up again when we have identified how we will pay for it.”
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:
The question is how many others areas will this spill into. As a pilot, can I presume I got face cancer because I was flying above the ozone layers? There are too many jobs this will filter into. You can’t presume cause when about 50% of disease is genetic. There are too many factors in sickness to automatically presume the cause was your employment. Most firefighters wear their mask at all times when in dangerous areas. This is a special carve out and will be a lawyers dream .come true and raise the costs to our municipalities.”
Second Reading of Bills
Senate Bill No. 399, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 64 (MCL 421.64), as amended by 2003 PA 174.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Labor,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 399, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 64 (MCL 421.64), as amended by 2003 PA 174.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 138 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 protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to provide for the collection of such contributions; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of the provisions of this act; and to repeal all acts and parts of acts inconsistent with the provisions of this act,”
The House agreed to the full title.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
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.
The bill was read a second time.
Rep. Ball moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 139 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
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Barnett, Bennett, Bledsoe, Lisa Brown, Terry Brown, Byrnes, Byrum, Calley, Caul, Clemente, Constan, Crawford, Daley, Dean, Denby, Dillon, Donigan, Elsenheimer, Espinoza, Gonzales, Haase, Hammel, Hansen, Haveman, Hildenbrand, Horn, Rick Jones, Robert Jones, Kandrevas, Kennedy, Kowall, LeBlanc, Leland, Lori, Marleau, Mayes, McDowell, Meekhof, Moore, Polidori, Proos, Roberts, Rocca, Rogers, Wayne Schmidt, Schuitmaker, Paul Scott, Scripps, Segal, Simpson, Slavens, Slezak, Spade, Stamas, Tyler, Valentine, Walsh and Warren were named co‑sponsors of the bill.
______
Rep. Amash, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I strongly support autism research. Autism is a devastating disorder, and a growing threat to our children. But HB 4475 and HB 4477 are going to weaken autism funding and reduce the chances of finding a cure.
These bills propose to create a checkbox through which individual taxpayers can choose to pay additional taxes to a state-managed autism research fund. Common sense-and historical experience-shows this will backfire. A small percentage of voters will choose to donate money to a state fund. (The actual percentage is unknown because no fact-finding has been presented as to its actual effects.) Meanwhile, every taxpayer will see the checkbox and gain false confidence that the government, and some other concerned citizens, are taking care of the problem. When these taxpayers consider other opportunities to contribute to autism research, many will decline, convinced that autism research already has solid funding. Even within government, legislators who support these bills will move on to other issues because the autism fund is supposedly doing its work. Everyone will feel good while no good is being done to fight autism.
Historical precedent confirms my worst fears about this bill. In 2006, our state tax forms contained three checkboxes for charitable causes - the Children’s Trust Fund (focusing on child abuse), the Military Family Relief Fund, and the Children of Veterans Tuition Grant Program. All are good causes. Less than 1% of taxpayers contributed any money to these funds, which raised only a few hundred thousand dollars each. Even more tragically, every taxpayer was encouraged to believe that these causes were being effectively funded by someone else.
Meanwhile, the small amounts of money that these bills may generate will be offset by administrative costs and are vulnerable to being misdirected. HB 4475 provides that the ‘state treasurer shall direct the investment of the fund.’ The state treasurer is not in the best position to evaluate how to direct autism money among state-wide hospitals, schools, and charities. Lobbying, personal agendas, and inside connections will influence how the funds are spent.
I have enormous concern for the many families across our state whose children have been diagnosed with autism. But well-intentioned government proposals that actually reduce total funding, breed complacency, and encourage waste are not the right solution.”
Second Reading of Bills
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.
The bill was read a second time.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 140 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
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Ball, Barnett, Bauer, Booher, Lisa Brown, Terry Brown, Byrnes, Byrum, Calley, Caul, Clemente, Constan, Corriveau, Crawford, Daley, Dean, Denby, Dillon, Durhal, Ebli, Espinoza, Geiss, Gonzales, Green, Gregory, Haase, Haines, Hammel, Hansen, Haugh, Haveman, Hildenbrand, Huckleberry, Jackson, Johnson, Rick Jones, Robert Jones, Kandrevas, Kennedy, Kowall, LeBlanc, Leland, Lemmons, Lipton, Lori, Marleau, Mayes, McDowell, Meadows, Moore, Nathan, Opsommer, Polidori, Proos, Roberts, Rocca, Rogers, Wayne Schmidt, Paul Scott, Scripps, Segal, Simpson, Slavens, Slezak, Smith, Spade, Tlaib, Tyler, Valentine, Walsh and Warren were named co‑sponsors of the bill.
______
Rep. Amash, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I strongly support autism research. Autism is a devastating disorder, and a growing threat to our children. But HB 4475 and HB 4477 are going to weaken autism funding and reduce the chances of finding a cure.
These bills propose to create a checkbox through which individual taxpayers can choose to pay additional taxes to a state-managed autism research fund. Common sense-and historical experience-shows this will backfire. A small percentage of voters will choose to donate money to a state fund. (The actual percentage is unknown because no fact-finding has been presented as to its actual effects.) Meanwhile, every taxpayer will see the checkbox and gain false confidence that the government, and some other concerned citizens, are taking care of the problem. When these taxpayers consider other opportunities to contribute to autism research, many will decline, convinced that autism research already has solid funding. Even within government, legislators who support these bills will move on to other issues because the autism fund is supposedly doing its work. Everyone will feel good while no good is being done to fight autism.
Historical precedent confirms my worst fears about this bill. In 2006, our state tax forms contained three checkboxes for charitable causes - the Children’s Trust Fund (focusing on child abuse), the Military Family Relief Fund, and the Children of Veterans Tuition Grant Program. All are good causes. Less than 1% of taxpayers contributed any money to these funds, which raised only a few hundred thousand dollars each. Even more tragically, every taxpayer was encouraged to believe that these causes were being effectively funded by someone else.
Meanwhile, the small amounts of money that these bills may generate will be offset by administrative costs and are vulnerable to being misdirected. HB 4475 provides that the ‘state treasurer shall direct the investment of the fund.’ The state treasurer is not in the best position to evaluate how to direct autism money among state-wide hospitals, schools, and charities. Lobbying, personal agendas, and inside connections will influence how the funds are spent.
I have enormous concern for the many families across our state whose children have been diagnosed with autism. But well-intentioned government proposals that actually reduce total funding, breed complacency, and encourage waste are not the right solution.”
Second Reading of Bills
Senate Bill No. 322, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
The bill was read a second time.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 322, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 141 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. Angerer 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. 4026, entitled
A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 2c (MCL 29.2c), as amended by 2006 PA 189.
The bill was read a second time.
Rep. Hammel moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4026, entitled
A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 2c (MCL 29.2c), as amended by 2006 PA 189.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 142 Yeas—91
Angerer DeShazor Kennedy Rocca
Ball Dillon Kurtz Schmidt, R.
Barnett Donigan Lahti Schmidt, W.
Bauer Durhal LeBlanc Scott, B.
Bennett Ebli Leland Scott, P.
Bledsoe Espinoza Lemmons Scripps
Bolger Geiss Lindberg Segal
Booher Gonzales Lipton Sheltrown
Brown, L. Green Liss Simpson
Brown, T. Gregory Lori Slavens
Byrnes Griffin Mayes Slezak
Byrum Haase McDowell Smith
Calley Hammel Meadows Spade
Caul Hansen Melton Stamas
Clemente Haugh Miller Stanley
Constan Hildenbrand Nathan Switalski
Corriveau Horn Nerat Tlaib
Coulouris Huckleberry Neumann Tyler
Crawford Jackson Opsommer Valentine
Cushingberry Johnson Pearce Warren
Daley Jones, Rick Polidori Womack
Dean Jones, Robert Proos Young
Denby Kandrevas Roberts
Nays—19
Agema Haveman McMillin Pavlov
Amash Knollenberg Meekhof Rogers
Elsenheimer Kowall Meltzer Schuitmaker
Genetski Lund Moore Walsh
Haines Marleau Moss
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Meltzer, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
No Vote Explanation
House Bill 4026
I have concerns with this legislation as it allows a non-elected state official to set new fees without Legislative oversight. I believe that this lack of accountability is problematic to taxpayers across the state. In response to the poor economy, there has been no greater outcry for accountability when it comes to how taxpayer dollars are spent. Setting up a system where there are no checks and balances creates a system that has the potential to prioritize an agenda separate from that which was intended.
For this reason, I cannot support this legislation at this time.”
Second Reading of Bills
House Bill No. 4680, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3135 (MCL 500.3135), as amended by 2002 PA 697.
The bill was read a second time.
Rep. Meadows moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4680, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3135 (MCL 500.3135), as amended by 2002 PA 697.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 143 Yeas—68
Angerer Durhal LeBlanc Schmidt, R.
Barnett Ebli Leland Scott, B.
Bauer Espinoza Lemmons Scripps
Bennett Geiss Lindberg Segal
Bledsoe Gonzales Lipton Sheltrown
Brown, L. Gregory Liss Simpson
Brown, T. Griffin Mayes Slavens
Byrnes Haase McDowell Slezak
Byrum Hammel Meadows Smith
Clemente Haugh Melton Spade
Constan Huckleberry Miller Stanley
Corriveau Jackson Nathan Switalski
Coulouris Johnson Nerat Tlaib
Cushingberry Jones, Robert Neumann Valentine
Dean Kandrevas Polidori Warren
Dillon Kennedy Roberts Womack
Donigan Lahti Rocca Young
Nays—42
Agema Elsenheimer Kurtz Pavlov
Amash Genetski Lori Pearce
Ball Green Lund Proos
Bolger Haines Marleau Rogers
Booher Hansen McMillin Schmidt, W.
Calley Haveman Meekhof Schuitmaker
Caul Hildenbrand Meltzer Scott, P.
Crawford Horn Moore Stamas
Daley Jones, Rick Moss Tyler
Denby Knollenberg Opsommer Walsh
DeShazor Kowall
In The Chair: Byrnes
The House agreed to the title of the bill.
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:
No Vote Explanation
HB 4680 - Kreiner auto insurance
I oppose this change because it will dramatically increase the cost of car insurance at a time when our economy is already weak and families are struggling to get by. It also includes a provision making the change retroactive, which will set a chilling and dangerous precedent that will discourage job providers from investing in our state.
For these reasons I cannot support this bill at this time.”
Rep. McMillin, 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:
Serious changes need to be made to correct the effects of Kreiner. This bill, though, went too far. I hope to see this bill back from the Senate in a form I can support - that corrects many wrongs from Kreiner.”
Rep. Haines, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I oppose this change because it will dramatically increase the cost of car insurance at a time when our economy is already weak and families are struggling to get by. It also includes a provision making the change retroactive, which will set a chilling and dangerous precedent that will discourage job providers from investing in our state.
For these reasons I cannot support this bill at this time.”
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4096, entitled
A bill to amend 1966 PA 189, entitled “An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts,” by amending sections 1, 2, and 4 (MCL 780.651, 780.652, and 780.654), section 1 as amended by 2003 PA 185 and section 4 as amended by 2002 PA 112.
(The bill was received from the Senate on April 1, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 29, p. 581.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 144 Yeas—94
Agema Donigan Kowall Polidori
Amash Ebli Kurtz Proos
Angerer Elsenheimer LeBlanc Roberts
Ball Espinoza Leland Rocca
Barnett Geiss Lindberg Rogers
Bauer Genetski Lipton Schmidt, R.
Bledsoe Gonzales Liss Schmidt, W.
Bolger Green Lori Schuitmaker
Booher Gregory Lund Scott, P.
Brown, L. Griffin Marleau Scripps
Brown, T. Haase Mayes Segal
Byrnes Haines McDowell Sheltrown
Byrum Hammel McMillin Simpson
Calley Hansen Meadows Slavens
Caul Haugh Meekhof Slezak
Clemente Haveman Meltzer Spade
Corriveau Hildenbrand Moore Stamas
Coulouris Horn Moss Switalski
Crawford Huckleberry Nerat Tyler
Daley Jones, Rick Neumann Valentine
Dean Jones, Robert Opsommer Walsh
Denby Kandrevas Pavlov Warren
DeShazor Kennedy Pearce Womack
Dillon Knollenberg
Nays—16
Bennett Jackson Melton Smith
Constan Johnson Miller Stanley
Cushingberry Lahti Nathan Tlaib
Durhal Lemmons Scott, B. Young
In The Chair: Byrnes
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 4397, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 622 and 1223 (MCL 380.622 and 380.1223), as amended by 2008 PA 307.
(The bill was received from the Senate on April 1, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 29, p. 581.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 145 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 full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4496, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 501 (MCL 208.1501).
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 146 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 full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4045, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2008 PA 284.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 147 Yeas—104
Angerer Durhal Lahti Proos
Ball Ebli LeBlanc Roberts
Barnett Elsenheimer Leland Rocca
Bauer Espinoza Lemmons Schmidt, R.
Bennett Geiss Lindberg Schmidt, W.
Bledsoe Gonzales Lipton Schuitmaker
Bolger Gregory Liss Scott, B.
Booher Griffin Lori Scott, P.
Brown, L. Haase Lund Scripps
Brown, T. Haines Marleau Segal
Byrnes Hammel Mayes Sheltrown
Byrum Hansen McDowell Simpson
Calley Haugh McMillin Slavens
Caul Haveman 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 Opsommer Walsh
DeShazor Knollenberg Pavlov Warren
Dillon Kowall Pearce Womack
Donigan Kurtz Polidori Young
Nays—6
Agema Genetski Meekhof Rogers
Amash Green
In The Chair: Byrnes
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Meekhof, having reserved the right to explain his nay vote, made the following statement:
“Mr. Speaker and members of the House:
I can not continue to vote for carve out tax breaks for one city in Michigan. We need lower taxes for all.”
Second Reading of Bills
House Bill No. 4264, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2008 PA 448.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Robert Jones moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Robert Jones moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4264, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2008 PA 448.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 148 Yeas—109
Agema Durhal Kurtz 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
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Lahti, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 148 because of a possible conflict of interest.”
Second Reading of Bills
House Bill No. 4709, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 117 (MCL 208.1117).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
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. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4709, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 117 (MCL 208.1117).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 149 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. Angerer 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. 4047, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 402 (MCL 380.402), as amended by 2000 PA 230.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Bettie Scott moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4047, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 402 (MCL 380.402), as amended by 2000 PA 230.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 150 Yeas—71
Angerer Durhal LeBlanc Scott, B.
Ball Ebli Leland Scripps
Barnett Espinoza Lemmons Segal
Bauer Geiss Lindberg Sheltrown
Bennett Gonzales Lipton Simpson
Bledsoe Gregory Liss Slavens
Brown, L. Griffin Mayes Slezak
Brown, T. Haase McDowell Smith
Byrnes Hammel Meadows Spade
Byrum Haugh Melton Stanley
Clemente Huckleberry Miller Switalski
Constan Jackson Nathan Tlaib
Corriveau Johnson Nerat Valentine
Coulouris Jones, Rick Neumann Walsh
Dean Jones, Robert Polidori Warren
DeShazor Kandrevas Roberts Womack
Dillon Kennedy Rocca Young
Donigan Lahti Schmidt, R.
Nays—38
Agema Genetski Lori Pavlov
Amash Green Lund Pearce
Bolger Haines Marleau Proos
Booher Hansen McMillin Rogers
Calley Haveman Meekhof Schmidt, W.
Caul Hildenbrand Meltzer Schuitmaker
Crawford Horn Moore Scott, P.
Daley Knollenberg Moss Stamas
Denby Kowall Opsommer Tyler
Elsenheimer Kurtz
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Barnett, Constan, Durhal, Espinoza, Gregory, Haugh, Jackson, Johnson, Robert Jones, Leland, Lemmons, Lipton, Liss, Miller, Nathan, Polidori, Smith, Stanley, Tlaib, Womack and Young were named co‑sponsors of the bill.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4258, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2009; and to provide for the expenditure of the appropriations.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 151 Yeas—99
Agema Ebli Lemmons Rogers
Angerer Elsenheimer Lindberg Schmidt, R.
Ball Espinoza Lipton Schmidt, W.
Barnett Geiss Liss Schuitmaker
Bauer Gonzales Lori Scott, B.
Bennett Gregory Lund Scott, P.
Bledsoe Griffin Marleau Scripps
Bolger Haase Mayes Segal
Booher Haines McDowell Sheltrown
Brown, L. Hammel Meadows Simpson
Brown, T. Hansen Melton Slavens
Byrnes Haugh Meltzer Slezak
Byrum Hildenbrand Miller Smith
Calley Horn Moore Spade
Caul Huckleberry Moss Stamas
Clemente Jackson Nathan Stanley
Constan Johnson Nerat Switalski
Corriveau Jones, Rick Neumann Tlaib
Coulouris Jones, Robert Opsommer Tyler
Crawford Kandrevas Pavlov Valentine
Dean Kennedy Pearce Walsh
DeShazor Knollenberg Polidori Warren
Dillon Lahti Proos Womack
Donigan LeBlanc Roberts Young
Durhal Leland Rocca
Nays—10
Amash Genetski Kowall McMillin
Daley Green Kurtz Meekhof
Denby Haveman
In The Chair: Byrnes
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Warren, Booher, Constan, Dean, Geiss, Gonzales, Griffin, Hansen, Robert Jones, Lahti, Lemmons, Marleau, Meadows, Polidori, Proos, Spade, Stanley, Tlaib, Tyler, Valentine and Walsh offered the following resolution:
House Resolution No. 69.
A resolution declaring April 2009 as Car Pool Month in the state of Michigan.
Whereas, Carpooling, also known as car-sharing, ride-sharing, lift-sharing, is the shared use of a car by the driver and one or more passengers. Carpool projects have been around in a structured form since the mid-1970s in the United States of America; and
Whereas, Carpoolers use pool members’ private cars for shared journeys, usually to and from work. Hence, carpooling reduces the costs involved in repetitive or long distance driving by sharing cars. A mutual benefit exists between the driver and passenger(s); and
Whereas, According to the U.S. Census: In 2007 there were approximately 4,400,000 commuters in the state of Michigan, approximately 83% (3,655,000) of which drive to work alone; and
Whereas, Carpooling reduces the number of cars on the road, the need for parking spaces, the cost of maintaining and building more parking structures and bridges, the wear and tear of pavement, and the transportation congestion that inhibits our daily commutes; and
Whereas, Carpooling curbs both the number of miles put on a car and the amount of money spent on maintenance, while also preventing its premature decrease in value; and
Whereas, In a global perspective, the reduction of greenhouse gas emissions, noise pollution, and green space can be preserved. In wartime, carpooling was encouraged to save oil. Today, carpooling can once again reduce the national dependency on oil and share the cost of gas; and
Whereas, Carpooling reduces driving stress and creates a fun and social alternative to driving alone, allowing employees to arrive to work more relaxed; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 2009 as Car Pool Month in the state of Michigan. The members and the people of the state of Michigan recognize that carpooling is a flexible, convenient and economical way to reach your destination. Additionally, carpooling helps reduce vehicle emissions to help keep our air clean and reduce transportation cost; and be it further
Resolved, We encourage all citizens to carpool with neighbors, coworkers, family, friends to celebrate April 2009 as Car Pool Month.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Knollenberg, Agema, Amash, Booher, Daley, Genetski, Green, Haines, Hansen, Horn, Kowall, Opsommer, Proos, Rogers, Paul Scott and Walsh offered the following resolution:
House Resolution No. 70.
A resolution to urge the President and the Congress of the United States to refrain from excessive interference in the operations of private corporations, allowing the shareholders and boards of directors to make their own decisions on who should lead those companies and control the day-to-day operations of the enterprise.
Whereas, The recent White House move to oust the chair and CEO of General Motors as a step to revamping the country’s largest auto manufacturer has raised concerns across our state and nation. Given the scope and complexities of the financial problems facing the entire economy and not just this industry, this particular federal action in dictating who will be the day-to-day manager of a private corporation raises a specter of concern and precedent that goes beyond any single company or industry; and
Whereas, Government-initiated decisions for a business that competes in the global marketplace run the risks of inflexibility; conflicts of interest with other governmental, lobbyist, or special-interest goals; and ignoring the very strength of our system of free enterprise. The long-term historical track record of governmentally run endeavors provides cause for concern in the eyes of many people. To subject this state’s primary industry to such a granular level of federal governmental control is especially worrisome to the people of Michigan; and
Whereas, The actions and attitudes of the administration demonstrated toward the domestic auto industry also seem to stand in stark contrast to how failing financial companies seeking federal help have been treated. While the public justifiably seeks and demands oversight, accountability, and transparency in how its federal tax dollars are spent, and the corporations of the auto industry accepting such money should accept and be prepared to openly account for their use of such monies and provide transparency in their reforms, the federal government should not micro-manage those companies once it has chosen to grant loans or in the alternative not grant them. This contrast is even more profound when noting that the failing financial industry, by creating a tight loan environment and overall economic uncertainty, may have contributed to the condition of the auto industry and all other industries in economic stagnation. The seemingly discriminatory treatment bestowed upon the auto industry through the course of this governmental intervention is even more precisely outlined when noting that while the government has loaned and given the financial industry at least 20 times as much money, it not only has not replaced financial company presidents but it infamously allowed, in a completely non-transparent way, the executives of one notorious financial institution to receive nearly $170 million in bonuses. The disparateness of these actions, coupled with the concern of the historical precedent this action sets as the first “nationalization” of an industry, move us to determine and declare our grave concern; now, therefore, be it
Resolved by the House of Representatives, That, if the federal government decides to assist a private industry during economically hard times, we urge the President and the Congress of the United States to allow such companies to make their own leadership decisions and otherwise run the day-to-day operations without undue interference; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Commerce.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, April 2:
House Bill Nos. 4750 4751 4752 4753 4754 4755 4756
Senate Bill Nos. 419 420 421 422 423 424 425 426 427 428
The Clerk announced that the following Senate bills had been received on Thursday, April 2:
Senate Bill Nos. 383 384 385 386 387
Messages from the Senate
House Bill No. 4159, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 115g, 115i, and 115j (MCL 400.115g, 400.115i, and 400.115j), section 115g as amended by 2004 PA 193 and sections 115i and 115j as amended by 2002 PA 648.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Bill No. 383, entitled
A bill to amend 1846 RS 81, entitled “Of fraudulent conveyances and contracts, relative to goods, chattels, and things in action,” by amending section 1 (MCL 566.131).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 384, entitled
A bill to amend 1846 RS 63, entitled “Of uses and trusts,” (MCL 555.1 to 555.27) by adding section 28.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 385, entitled
A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending section 1 (MCL 566.31).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 386, entitled
A bill to amend 1967 PA 224, entitled “Powers of appointment act of 1967,” by amending section 13 (MCL 556.123).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 387, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1103, 1104, 1105, 1106, 1107, 1201, 1209, 1210, 1212, 1214, 1308, 1403, 1507, 2501, 2504, 2511, 2519, 2705, 2722, 2901, 2904, 2907, 3104, 3403, 3703, 3705, 3713, 3715, 3801, 3803, 3805, 3914, 3915, 5407, 5421, 6101, 7101, 7102, 7103, 7104, 7105, 7201, 7202, 7203, 7204, 7205, 7206, 7207, 7301, 7302, 7303, 7304, 7305, 7401, 7402, 7403, 7404, 7405, 7406, 7407, 7410, 7501, 7502, 7503, 7504, 7505, 7506, 7507, and 7508 (MCL 700.1103, 700.1104, 700.1105, 700.1106, 700.1107, 700.1201, 700.1209, 700.1210, 700.1212, 700.1214, 700.1308, 700.1403, 700.1507, 700.2501, 700.2504, 700.2511, 700.2519, 700.2705, 700.2722, 700.2901, 700.2904, 700.2907, 700.3104, 700.3403, 700.3703, 700.3705, 700.3713, 700.3715, 700.3801, 700.3803, 700.3805, 700.3914, 700.3915, 700.5407, 700.5421, 700.6101, 700.7101, 700.7102, 700.7103, 700.7104, 700.7105, 700.7201, 700.7202, 700.7203, 700.7204, 700.7205, 700.7206, 700.7207, 700.7301, 700.7302, 700.7303, 700.7304, 700.7305, 700.7401, 700.7402, 700.7403, 700.7404, 700.7405, 700.7406, 700.7407, 700.7410, 700.7501, 700.7502, 700.7503, 700.7504, 700.7505, 700.7506, 700.7507, and 700.7508), sections 1103 and 7503 as amended by 2000 PA 177, section 1104 as amended by 2006 PA 299, sections 1105, 3803, 7303, and 7406 as amended and section 7410 as added by 2004 PA 314, section 1106 as amended by 2004 PA 532, sections 1107, 1214, 2504, 7206, 7501, and 7507 as amended by 2000 PA 54, sections 2519, 3715, 7401, 7502, and 7508 as amended by 2005 PA 204, section 3705 as amended by 2004 PA 481, and section 3805 as amended by 2007 PA 73, by amending the heading of article VII and the headings of parts 1, 2, 3, 4, and 5 of article VII, by adding sections 7107, 7108, 7109, 7110, 7111, 7112, 7113, 7208, 7209, 7210, 7211, 7411, 7412, 7413, 7414, 7415, 7416, 7417, 8201, 8202, 8204, and 8206, and by adding parts 6, 7, 8, and 9 to article VII; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Communications from State Officers
The following communication from the Michigan Economic Development Corporation was received and read:
April 1, 2009
Attached you will find the 21st Century Jobs Fund report for Fiscal Year 2008, as required in MCL 125.2088n of the Michigan Strategic Fund Act and the 21st Century Jobs Trust Fund legislation.
If you have any questions regarding the information in this report, please feel free to contact James McBryde in our Office of Governmental Affairs at 517.335.1847.
Sincerely,
D. Gregory Main
President and CEO
The communication was referred to the Clerk.
Introduction of Bills
Rep. Hansen introduced
House Bill No. 4757, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 40107b.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Rep. Donigan introduced
House Bill No. 4758, entitled
A bill to amend 2008 PA 456, entitled “An act to amend 1966 PA 346, entitled “An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,” (MCL 125.1401 to 125.1499c) by adding chapter 3B,” by repealing enacting section 1.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Reps. Polidori, Constan, Neumann, Sheltrown, Geiss, Byrnes, Spade, Clemente, Gonzales and Meadows introduced
House Bill No. 4759, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 513 (MCL 436.1513), as amended by 2007 PA 11.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Genetski, Roy Schmidt, Haines, Haase, Opsommer, Ball, DeShazor, Kurtz, LeBlanc, Proos, Barnett, Tyler, Daley, Pavlov, Lund, Knollenberg, Rick Jones, Agema, Moss, Meltzer, Walsh, Terry Brown, Bolger, Stamas, Moore and Slezak introduced
House Bill No. 4760, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1531f.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Genetski, Roy Schmidt, Haines, Opsommer, Ball, DeShazor, Kurtz, LeBlanc, Proos, Tyler, Pearce, Pavlov, Daley, Lund, Knollenberg, Rick Jones, Moss, Meltzer, Walsh and Slezak introduced
House Bill No. 4761, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1531i.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Genetski, Haines, Opsommer, Ball, Barnett, Caul, Pearce, Tyler, Daley, Lund, Knollenberg, Rick Jones, Agema, Meltzer, Walsh, Bolger, Stamas and Moore introduced
House Bill No. 4762, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2008 PA 316.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Nerat, Geiss, Haase, Slavens, Warren, Scripps, Segal, Liss, Kennedy, Valentine, Leland, Byrnes, Meadows and McDowell introduced
House Bill No. 4763, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by amending the heading of part 54C and by adding section 5490.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Reps. Geiss, Nerat, Haase, Slavens, Warren, Scripps, Segal, Liss, Kennedy, Valentine, Leland, Byrnes, Meadows and McDowell introduced
House Bill No. 4764, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5491 (MCL 333.5491), as added by 2007 PA 159.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Reps. Warren, Nerat, Geiss, Haase, Slavens, Scripps, Segal, Liss, Kennedy, Valentine, Leland, Byrnes, Meadows and McDowell introduced
House Bill No. 4765, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5494.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Reps. Segal, Nerat, Geiss, Haase, Slavens, Warren, Scripps, Liss, Kennedy, Valentine, Leland, Byrnes, Meadows and McDowell introduced
House Bill No. 4766, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5495.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Reps. Haase, Nerat, Geiss, Slavens, Warren, Scripps, Segal, Liss, Kennedy, Valentine, Leland, Byrnes, Meadows and McDowell introduced
House Bill No. 4767, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5496.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Reps. McDowell, Nerat, Geiss, Haase, Slavens, Warren, Scripps, Segal, Liss, Kennedy, Valentine, Leland, Byrnes and Meadows introduced
House Bill No. 4768, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5497.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Reps. Slavens, Nerat, Geiss, Haase, Warren, Scripps, Segal, Liss, Kennedy, Valentine, Leland, Byrnes, Meadows and McDowell introduced
House Bill No. 4769, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5498.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Reps. Lahti, Spade, Lindberg, Nerat, McDowell, Roy Schmidt and Dean introduced
House Bill No. 4770, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1061.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Haase, Lisa Brown, Slavens, Lindberg, Tlaib, Roberts, Espinoza, Liss, Miller, Nathan, Switalski, Haugh, Pavlov, McMillin, Paul Scott, Womack and Genetski introduced
House Bill No. 4771, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1280b (MCL 380.1280b), as added by 2000 PA 230, and by adding section 1280c; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Kennedy, Miller, Kandrevas and Liss introduced
House Bill No. 4772, entitled
A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. Elsenheimer, Marleau, Rick Jones and Ball introduced
House Bill No. 4773, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20206.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Hansen, Elsenheimer, Marleau, Rick Jones and Ball introduced
House Bill No. 4774, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17751 (MCL 333.17751), as amended by 2006 PA 672.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Schuitmaker, Elsenheimer, Marleau, Rick Jones and Ball introduced
House Bill No. 4775, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7407 (MCL 333.7407), as amended by 2001 PA 236.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Wayne Schmidt, Elsenheimer, Marleau, Rick Jones and Ball introduced
House Bill No. 4776, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7333b.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Rick Jones, Elsenheimer, Marleau and Ball introduced
House Bill No. 4777, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7333a (MCL 333.7333a), as added by 2001 PA 231.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Marleau, Elsenheimer, Rick Jones and Ball introduced
House Bill No. 4778, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16279.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Hansen, Haveman, Spade, Booher, Sheltrown and Dean introduced
House Bill No. 4779, entitled
A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending section 9 (MCL 28.609), as amended by 2005 PA 239.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Rogers, Moss, Lund, Lori, Meekhof, Opsommer, Walsh, Haveman, Crawford, Agema and Horn introduced
House Joint Resolution Q, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 31 of article IV and section 18 of article V, to limit the budget, to require certain deposits into certain state funds, and to require a 2/3 majority for certain appropriations.
The joint resolution was read a first time by its title and referred to the Committee on Appropriations.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
House Bill No. 4277, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11503, 11514, and 11539 (MCL 324.11503, 324.11514, and 324.11539), section 11503 as amended by 2007 PA 212 and section 11514 as amended by 2008 PA 394.
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. Warren, Nerat, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts and Scripps
Nays: Reps. Meekhof, Daley, Haveman, Rick Jones, Pavlov and Wayne Schmidt
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
House Bill No. 4278, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 17201 (MCL 324.17201), as amended by 2006 PA 494, and by adding section 17208.
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. Warren, Nerat, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps and Rick Jones
Nays: Reps. Meekhof, Daley, Haveman, Pavlov and Wayne Schmidt
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
House Bill No. 4279, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 17209.
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. Warren, Nerat, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps and Rick Jones
Nays: Reps. Meekhof, Daley, Haveman, Pavlov and Wayne Schmidt
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
House Bill No. 4280, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 17211.
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. Warren, Nerat, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps and Rick Jones
Nays: Reps. Meekhof, Daley, Haveman, Pavlov and Wayne Schmidt
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
House Bill No. 4281, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 17201 (MCL 324.17201), as amended by 2006 PA 494, and by adding sections 17210, 17215, and 17217.
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. Warren, Nerat, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps and Rick Jones
Nays: Reps. Meekhof, Daley, Haveman, Pavlov and Wayne Schmidt
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:
Meeting held on: Thursday, April 2, 2009
Present: Reps. Warren, Nerat, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps, Meekhof, Daley, Haveman, Rick Jones, Pavlov and Wayne Schmidt
The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported
House Bill No. 4743, entitled
A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4205 (MCL 487.14205).
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Coulouris, Scripps, Clemente, Mayes, Booher, Calley, Kowall and Marleau
Nays: None
The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported
House Bill No. 4749, entitled
A bill to amend 1996 PA 354, entitled “Savings bank act,” by amending section 512 (MCL 487.3512).
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. Coulouris, Scripps, Clemente, Mayes, Booher, Calley, Kowall and Marleau
Nays: None
The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported
Senate Bill No. 195, entitled
A bill to amend 1943 PA 20, entitled “An act relative to the investment of funds of public corporations of the state; and to validate certain investments,” by amending section 1 (MCL 129.91), as amended by 2008 PA 308.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Coulouris, Scripps, Clemente, Mayes, Booher, Calley and Kowall
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Coulouris, Chair, of the Committee on Banking and Financial Services, was received and read:
Meeting held on: Thursday, April 2, 2009
Present: Reps. Coulouris, Scripps, Clemente, Mayes, Nathan, Booher, Calley, Kowall and Marleau
Absent: Rep. Johnson
Excused: Rep. Johnson
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
House Bill No. 4438, entitled
A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Caul and Haines
Nays: Reps. Green, Hildenbrand and Proos
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
House Bill No. 4441, entitled
A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Booher, Caul, Green, Lori and Schuitmaker
Nays: Reps. Moss, Agema, Hildenbrand, Proos and Rogers
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Melton, Chair, of the Committee on Education, was received and read:
Meeting held on: Thursday, April 2, 2009
Present: Reps. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Amash, Ball, DeShazor, McMillin, Pearce, Paul Scott, Tyler and Walsh
Second Reading of Bills
House Bill No. 4437, entitled
A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Proos moved to amend the bill as follows:
1. Amend page 26, after line 15, by inserting:
“Sec. 234. Due to the current budgetary problems in this state and a lack of transparency related to departmental spending, the department shall:
(a) Implement a spending plan for fiscal year 2009-2010 which incorporates a 5.0% general fund reduction from the dollars appropriated in part 1.
(b) Provide the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director a list of budget cuts sufficient to reduce department spending by 5.0% in fiscal year 2010-2011.
Sec. 235. (1) It is the intent of the legislature that any federal dollars appropriated in part 1 from the American recovery and reinvestment act of 2009, Public Law 11-5 shall not be included in the base funding for any program but will be maintained in separate line items.
(2) In addition to the funds appropriated in part 1, any additional federal funding awarded to Michigan through recalculation of formulas and under the redistribution provisions of the American recovery and reinvestment act of 2009, Public Law 11-5 shall also be allocated in separate line items and will not be included in base funding for any program.
Sec. 236. From the funds appropriated in part 1, the department shall develop, post, and maintain on a user-friendly and publicly accessible Internet site, all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made. Funds appropriated in part 1 from the federal American recovery and reinvestment act shall also be included on a publicly accessible website maintained by the Michigan economic recovery office. The department shall not provide financial information on its website under this section if doing so would violate an applicable federal or state law, rule, regulation, or guideline that establishes privacy or security standards.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Smith moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4437, entitled
A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Lahti moved to amend the bill as follows:
1. Amend page 72, following line 1, by inserting:
“Sec. 930. It is the intent of the Legislature that the department only close existing facilities where employees can commute to another facility for employment.”.
The motion was seconded and the amendment was not adopted, a majority of the members serving not voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 152 Yeas—63
Angerer Donigan Kennedy Scripps
Barnett Durhal LeBlanc Segal
Bauer Ebli Leland Sheltrown
Bennett Espinoza Lemmons Simpson
Bledsoe Geiss Lipton Slavens
Brown, L. Gonzales Liss Slezak
Brown, T. Gregory Mayes Smith
Byrnes Griffin McDowell Spade
Byrum Haase Meadows Stanley
Clemente Hammel Melton Switalski
Constan Haugh Nathan Tlaib
Corriveau Huckleberry Neumann Valentine
Coulouris Jackson Polidori Warren
Cushingberry Johnson Roberts Womack
Dean Jones, Robert Schmidt, R. Young
Dillon Kandrevas Scott, B.
Nays—47
Agema Genetski Lindberg Pavlov
Amash Green Lori Pearce
Ball Haines Lund Proos
Bolger Hansen Marleau Rocca
Booher Haveman McMillin Rogers
Calley Hildenbrand Meekhof Schmidt, W.
Caul Horn Meltzer Schuitmaker
Crawford Jones, Rick Miller Scott, P.
Daley Knollenberg Moore Stamas
Denby Kowall Moss Tyler
DeShazor Kurtz Nerat Walsh
Elsenheimer Lahti Opsommer
In The Chair: Byrnes
Rep. Angerer 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. 4441, entitled
A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2010; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Genetski moved to amend the bill as follows:
1. Amend page 15, following line 23, by inserting:
“Sec. 218. A university receiving an appropriation in part 1 shall:
(a) Implement a spending reduction plan, to be implemented by fiscal year 2011-2012, which incorporates a 5.0% reduction in operation costs from the dollars appropriated in part 1 in order to mitigate the base funding disparity which may be created by incorporating funds received from the American recovery and reinvestment act of 2009, Public Law 11-5.
(b) Provide the senate and house appropriations subcommittees on higher education and the senate and house fiscal agencies with the list of reforms and reductions sufficient to meet a 5% reduction in operation costs prior to the end of fiscal year 2009-2010.
Sec. 219. A university receiving an appropriation in part 1 shall agree to develop, post, and maintain, a user-friendly and publicly accessible Internet site, with all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made. The colleges may use, as a model for such reporting, the college portrait web reporting template in an effort to better improve university transparency and to further identify effective educational practices.
Sec. 220. (1) It is the intent of the legislature that any federal dollars appropriated in part 1 from the American recovery and reinvestment act of 2009, Public Law 11-5 shall not be included in the base funding for any program but will be maintained in separate line items.
(2) In addition to the funds appropriated in part 1, any additional federal funding awarded to Michigan through recalculation of formulas and under the redistribution provisions of the American recovery and reinvestment act of 2009, Public Law 11-5 shall also be allocated in separate line items and will not be included in base funding for any program.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Agema moved to amend the bill as follows:
1. Amend page 15, following line 23, by inserting:
“Sec. 218. (1) In light of sections 1, 3, and 4 of 1846 RS 83, MCL 551.1, 551.3, and 551.4, and section 1 of 1939 PA 168, MCL 551.271, a state institution of higher education receiving funding under this act shall not use funds appropriated in part 1 to extend employee benefits to the unmarried partners of the institution’s employees.
(2) If a state institution of higher education fails to comply with subsection (1), the state treasurer shall withhold 5.0% from the monthly installments paid to the institution under section 212(1) of this act until the requirements of subsection (1) are met.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Bauer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4441, entitled
A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2010; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 153 Yeas—89
Angerer Ebli LeBlanc Schmidt, W.
Ball Espinoza Leland Schuitmaker
Barnett Geiss Lemmons Scott, B.
Bauer Gonzales Lindberg Scott, P.
Bennett Green Lipton Scripps
Bledsoe Gregory Liss Segal
Bolger Griffin Lori Sheltrown
Booher Haase Marleau Simpson
Brown, L. Haines Mayes Slavens
Brown, T. Hammel McDowell Slezak
Byrnes Hansen Meadows Smith
Byrum Haugh Meekhof Spade
Caul Haveman Melton Stamas
Clemente Horn Miller Stanley
Constan Huckleberry Moore Switalski
Corriveau Jackson Nathan Tlaib
Coulouris Johnson Nerat Tyler
Cushingberry Jones, Rick Neumann Valentine
Dean Jones, Robert Polidori Walsh
DeShazor Kandrevas Roberts Warren
Dillon Kennedy Rocca Womack
Donigan Lahti Schmidt, R. Young
Durhal
Nays—21
Agema Elsenheimer Kurtz Opsommer
Amash Genetski Lund Pavlov
Calley Hildenbrand McMillin Pearce
Crawford Knollenberg Meltzer Proos
Daley Kowall Moss Rogers
Denby
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Genetski, 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:
I can not in good conscience vote for this bill as I am greatly concerned that it allocates federal monies to cover spending cuts without enough guidance from the federal government as to what state governments can do with the money.”
Second Reading of Bills
House Bill No. 4435, entitled
A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Amash moved to amend the bill as follows:
1. Amend page 10, following line 9, by inserting:
“Sec. 252. A community college receiving an appropriation in part 1 shall:
(a) Implement a spending reduction plan, to be implemented by fiscal year 2011-2012, which incorporates a 5.0% reduction in operation costs from the dollars appropriated in part 1 in order to mitigate the base funding disparity which may be created by incorporating funds received from the American recovery and reinvestment act of 2009, Public Law 11-5.
(b) Provide the senate and house appropriations subcommittees on community colleges and the senate and house fiscal agencies with the list of reforms and reductions sufficient to meet a 5% reduction in operation costs prior to the end of fiscal year 2009-2010.
Sec. 253. A community college receiving an appropriation in part 1 shall develop, post, and maintain, a user-friendly and publicly accessible Internet site, with all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made. The colleges may use, as a model for such reporting, the college portrait web reporting template in an effort to better improve university transparency and to further identify effective educational practices.
Sec. 254. (1) It is the intent of the legislature that any federal dollars appropriated in part 1 from the American recovery and reinvestment act of 2009, Public Law 11-5 shall not be included in the base funding for any program but will be maintained in separate line items.
(2) In addition to the funds appropriated in part 1, any additional federal funding awarded to Michigan through recalculation of formulas and under the redistribution provisions of the American recovery and reinvestment act of 2009, Public Law 11-5 shall also be allocated in separate line items and will not be included in base funding for any program.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Miller moved to amend the bill as follows:
1. Amend page 9, line 27, by striking out all of section 249 and inserting:
“Sec. 249. It is the intent of the legislature to study the feasibility of legislation that would provide rules and guidelines for a path to consolidation of community college districts and the creation of intercollege agreements pursuant to section 28 of article VII of the state constitution of 1963. The legislature also intends to study the feasibility of appropriating additional funds to districts that have a local property tax to provide incentives to enter into those agreements.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Miller moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4435, entitled
A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 154 Yeas—88
Angerer Dillon Kandrevas Roberts
Ball Donigan Kennedy Rocca
Barnett Durhal Kurtz Schmidt, R.
Bauer Ebli Lahti Schmidt, W.
Bennett Espinoza LeBlanc Scott, B.
Bledsoe Geiss Leland Scott, P.
Bolger Gonzales Lemmons Scripps
Booher Green Lindberg Segal
Brown, L. Gregory Lipton Sheltrown
Brown, T. Griffin Liss Simpson
Byrnes Haase Marleau Slavens
Byrum Haines Mayes Slezak
Caul Hammel McDowell Smith
Clemente Hansen Meadows Spade
Constan Haugh Melton Stamas
Corriveau Hildenbrand Meltzer Stanley
Coulouris Horn Miller Switalski
Crawford Huckleberry Moore Tlaib
Cushingberry Jackson Nathan Valentine
Dean Johnson Nerat Warren
Denby Jones, Rick Neumann Womack
DeShazor Jones, Robert Polidori Young
Nays—22
Agema Haveman Meekhof Proos
Amash Knollenberg Moss Rogers
Calley Kowall Opsommer Schuitmaker
Daley Lori Pavlov Tyler
Elsenheimer Lund Pearce Walsh
Genetski McMillin
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Meekhof, 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:
While I support many programs in this budget, I cannot support it because it is based on numbers we already know are faulty.
We are facing a $1.5 billion budget shortfall next year and a billion dollar shortfall this year, and the problem is growing larger all the time because the state is taking in $5 million-a-day less than expected.
These budgets fail to address our structural budget shortfall. They are bloated well beyond the governor’s recommendation and they fail to include the potential impact of a GM or Chrysler bankruptcy. Bankruptcies in the auto industry will drastically affect the state budget but they haven’t been factored in.
There are many lawmakers who want to take the easy way out by using federal stimulus funds to fill our budget hole, but this is a bad idea because a year or two from now when the money is gone, all we will have to show for it is another budget deficit and more national debt. Stimulus funds must be used to create jobs.
We need to make real reforms now and reduce spending now. If we don’t get our budget mess under control, we can’t do the things we need to do to attract jobs to our state and fix our economy.
Republicans worked to improve this bill by proposing a 5-percent cut to the budget to make sure we are not spending more than we can afford, but this proposal was defeated. Republicans also proposed keeping the federal stimulus funds separate, in order to ensure that funding levels are maintainable after the stimulus funds are gone.
Finally, Republicans asked for an amendment to increase transparency so taxpayers can see how their money is spent, but this too was defeated.
For these reasons, I cannot support this bill at this time.”
Rep. Genetski, 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:
I cannot in good conscience vote for this budget as I fear the State currently does not have the money to cover the expenditures within it.”
Rep. Walsh, 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:
Community colleges play a crucial role in our state’s education system, and I believe they need proper and consistent funding to continue their excellent work.
However, this legislation will do more harm than good for our community colleges as it imposes a tuition cap on community colleges only. The state has significantly lowered community college funding since the early ’80s. Moreover, community colleges are now realizing declining local revenue as home values plummet across the state. The Legislature must respect the need of locally elected community college boards to establish tuition as they deem appropriate, particularly under the aforementioned circumstances, for the continued operation of their respective institutions.
Community colleges consistently raise tuition at a dramatically lower rate than other universities, and for this they should be applauded, not punished.
For these reasons, I cannot support this legislation at present time.”
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Angerer moved that the Committee on Appropriations be discharged from further consideration of House Bill No. 4309.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
House Bill No. 4309, entitled
A bill 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.
The bill was read a second time.
Rep. Cushingberry moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Cushingberry moved to amend the bill as follows:
1. Amend page 3, line 19, by striking out all of subsection (5), renumbering the remaining subsection, and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Moss moved to amend the bill as follows:
1. Amend page 4, following line 18, by inserting:
“Sec. 203. (1) In addition to the money appropriated in part 1, negative appropriations for budgetary savings from state general fund/general purpose revenue for state departments shall be implemented in the amounts listed below for each department:
Education...................................................................................................................................... $ (371,900)
Attorney general........................................................................................................................... (1,582,400)
Legislative auditor general........................................................................................................... (627,500)
Management and budget............................................................................................................... (14,594,400)
State.............................................................................................................................................. (1,306,500)
Treasury........................................................................................................................................ (7,154,600)
Michigan strategic fund................................................................................................................ (1,457,800)
Community health........................................................................................................................ (152,883,600)
Corrections................................................................................................................................... (97,405,600)
Human services............................................................................................................................ (61,060,300)
Agriculture.................................................................................................................................... (1,600,100)
Environmental quality.................................................................................................................. (2,187,200)
Natural resources.......................................................................................................................... (523,200)
Military and veterans affairs......................................................................................................... (1,985,400)
State police................................................................................................................................... (14,246,100)
Energy, labor and economic growth............................................................................................. (3,635,200)
History, arts and libraries............................................................................................................. (1,970,900)
Judiciary....................................................................................................................................... (7,966,000)
Civil rights.................................................................................................................................... (611,600)
Executive office............................................................................................................................ (265,900)
Legislature.................................................................................................................................... (5,649,700)
TOTAL BUDGETARY SAVINGS............................................................................................... $ (379,085,800)”
(2) The negative appropriations for budgetary savings in subsection (1) shall be satisfied by savings identified by the director of each department and approved by the state budget director. Appropriation authorizations shall be adjusted after the approval of transfers by the legislature pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.” and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Cushingberry moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4309, entitled
A bill 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 155 Yeas—104
Agema Dillon Knollenberg Opsommer
Amash Donigan Kowall Pavlov
Angerer Durhal Kurtz Pearce
Ball Ebli Lahti Polidori
Barnett Elsenheimer LeBlanc Proos
Bauer Espinoza Leland Roberts
Bennett Geiss Lemmons Rocca
Bledsoe Genetski Lindberg Rogers
Bolger Gonzales Lipton Schmidt, R.
Booher Green Liss Schmidt, W.
Brown, L. Gregory Lori Schuitmaker
Brown, T. Griffin Lund Scott, B.
Byrnes Haase Marleau Scott, P.
Byrum Haines Mayes Scripps
Calley Hammel McDowell Segal
Caul Hansen McMillin Sheltrown
Clemente Haugh Meadows Simpson
Constan Haveman Meekhof Slavens
Corriveau Hildenbrand Melton Slezak
Coulouris Horn Meltzer Stamas
Crawford Huckleberry Miller Stanley
Cushingberry Johnson Moore Switalski
Daley Jones, Rick Moss Tyler
Dean Jones, Robert Nathan Valentine
Denby Kandrevas Nerat Walsh
DeShazor Kennedy Neumann Womack
Nays—6
Jackson Spade Warren Young
Smith Tlaib
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
House Bill No. 4447, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 11n, 15, 18, 20, 20d, 20j, 22a, 22b, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32d, 32l, 32n, 39, 39a, 51a, 51c, 51d, 53a, 54, 54a, 56, 61a, 62, 64, 74, 81, 94a, 98, 99, 101, 104, 107, 147, and 164c (MCL 388.1603, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1611n, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620j, 388.1622a, 388.1622b, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1629, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632d, 388.1632l, 388.1632n, 388.1639, 388.1639a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a, 388.1656, 388.1661a, 388.1662, 388.1664, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1701, 388.1704, 388.1707, 388.1747, and 388.1764c), sections 3, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 20, 20d, 20j, 22a, 22b, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32d, 32l, 39, 39a, 51a, 51c, 51d, 53a, 54, 54a, 56, 61a, 62, 64, 74, 81, 94a, 98, 99, 104, 107, 147, and 164c as amended and section 11n as added by 2008 PA 268, section 8b as amended by 2007 PA 92, section 32n as added by 2007 PA 137, and section 101 as amended by 2006 PA 342; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Green, Hildenbrand, Lori and Schuitmaker
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, April 2, 2009
Present: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
Second Reading of Bills
House Bill No. 4447, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 11n, 15, 18, 20, 20d, 20j, 22a, 22b, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32d, 32l, 32n, 39, 39a, 51a, 51c, 51d, 53a, 54, 54a, 56, 61a, 62, 64, 74, 81, 94a, 98, 99, 101, 104, 107, 147, and 164c (MCL 388.1603, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1611n, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620j, 388.1622a, 388.1622b, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1629, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632d, 388.1632l, 388.1632n, 388.1639, 388.1639a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a, 388.1656, 388.1661a, 388.1662, 388.1664, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1701, 388.1704, 388.1707, 388.1747, and 388.1764c), sections 3, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 20, 20d, 20j, 22a, 22b, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32d, 32l, 39, 39a, 51a, 51c, 51d, 53a, 54, 54a, 56, 61a, 62, 64, 74, 81, 94a, 98, 99, 104, 107, 147, and 164c as amended and section 11n as added by 2008 PA 268, section 8b as amended by 2007 PA 92, section 32n as added by 2007 PA 137, and section 101 as amended by 2006 PA 342; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hansen moved to amend the bill as follows:
1. Amend page 95, line 8, after “to” by striking out “8.63%” and inserting “11.5%”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Calley moved to amend the bill as follows:
1. Amend page 10, line 23, after “12.” by striking out the balance of the subdivision.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Melton moved to amend the bill as follows:
1. Amend page 164, line 12, after “exceed” by striking out “$1,750,000.00” and inserting “$850,000.00” and adjusting the totals in section 11 and enacting section 1 accordingly.
2. Amend page 172, line 3, by striking out all of section 98A and inserting:
“SEC. 98A. FROM THE FEDERAL FUNDING AWARDED TO THIS STATE UNDER TITLE VIII OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009, PUBLIC LAW 111-5, THERE IS ALLOCATED $24,533,000.00 FOR 2008-2009 FOR EDUCATION TECHNOLOGY GRANTS. UP TO 50% OF THIS FUNDING SHALL BE USED FOR FORMULA GRANTS DESCRIBED UNDER SECTION 2412(A)(2)(A) OF THE ENHANCING EDUCATION THROUGH TECHNOLOGY PART OF THE NO CHILD LEFT BEHIND ACT OF 2001, PUBLIC LAW 107-110, 20 USC 6762(A)(2)(A), AND UP TO 50% OF THIS FUNDING SHALL BE USED FOR COMPETITIVE GRANTS DESCRIBED UNDER SECTION 2412(A)(2)(B) OF THE ENHANCING EDUCATION THROUGH TECHNOLOGY PART OF THE NO CHILD LEFT BEHIND ACT OF 2001, PUBLIC LAW 107-110, 20 USC 6762(A)(2)(B).”.
The motion prevailed and the amendments were 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. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4447, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 11n, 15, 18, 20, 20d, 20j, 22a, 22b, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32d, 32l, 32n, 39, 39a, 51a, 51c, 51d, 53a, 54, 54a, 56, 61a, 62, 64, 74, 81, 94a, 98, 99, 101, 104, 107, 147, and 164c (MCL 388.1603, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1611n, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620j, 388.1622a, 388.1622b, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1629, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632d, 388.1632l, 388.1632n, 388.1639, 388.1639a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a, 388.1656, 388.1661a, 388.1662, 388.1664, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1701, 388.1704, 388.1707, 388.1747, and 388.1764c), sections 3, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 20, 20d, 20j, 22a, 22b, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32d, 32l, 39, 39a, 51a, 51c, 51d, 53a, 54, 54a, 56, 61a, 62, 64, 74, 81, 94a, 98, 99, 104, 107, 147, and 164c as amended and section 11n as added by 2008 PA 268, section 8b as amended by 2007 PA 92, section 32n as added by 2007 PA 137, and section 101 as amended by 2006 PA 342; 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. 156 Yeas—107
Agema Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Leland Rogers
Barnett Geiss Lemmons Schmidt, R.
Bauer Genetski Lindberg Schmidt, W.
Bennett Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Bolger Gregory Lori Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Simpson
Byrum Hansen Meadows Slavens
Caul Haugh Meekhof Slezak
Clemente Haveman Melton Smith
Constan Hildenbrand Meltzer Spade
Corriveau Horn Miller Stamas
Coulouris Huckleberry Moore Stanley
Crawford Jackson Moss Switalski
Cushingberry Johnson Nathan Tlaib
Daley Jones, Rick Nerat Tyler
Dean Jones, Robert Neumann Valentine
Denby Kandrevas Opsommer Walsh
DeShazor Kennedy Pavlov Warren
Dillon Knollenberg Pearce Womack
Donigan Kowall Polidori Young
Durhal Kurtz Proos
Nays—3
Amash Calley McMillin
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 11n, 15, 18, 20, 20d, 20j, 22a, 22b, 22d, 22e, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32c, 32d, 32j, 32l, 32n, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 54c, 56, 57, 61a, 62, 64, 65, 74, 81, 94a, 98, 99, 99a, 99n, 99p, 101, 104, 107, 147, and 164c (MCL 388.1603, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1611n, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1622e, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1629, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632c, 388.1632d, 388.1632j, 388.1632l, 388.1632n, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a, 388.1654c, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1664, 388.1665, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1699a, 388.1699n, 388.1699p, 388.1701, 388.1704, 388.1707, 388.1747, and 388.1764c), sections 3, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 20d, 22a, 22b, 22d, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32c, 32d, 32j, 32l, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 54c, 56, 57, 61a, 62, 64, 65, 74, 81, 94a, 98, 99, 99p, 104, 107, 147, and 164c as amended and sections 11n, 22e, and 99a as added by 2008 PA 268, section 8b as amended by 2007 PA 92, sections 20, 20j, and 32b as amended by 2008 PA 561, section 32n as added by 2007 PA 137, section 99n as added by 2008 PA 112, and section 101 as amended by 2006 PA 342, and by adding sections 22f, 32a, and 98a; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer 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. 4438, entitled
A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Haines moved to amend the bill as follows:
1. Amend page 17, following line 12, by inserting:
“Sec. 227. Due to the current budgetary problems in this state and a lack of transparency related to departmental spending, the department shall:
(a) Implement a spending plan for fiscal year 2009-2010 which incorporates a 5.0% general fund reduction from the dollars appropriated in part 1.
(b) Provide the house and senate appropriations subcommittees responsible for the department budget and the house and senate fiscal agencies a list of budget cuts sufficient to reduce department spending by 5.0% in fiscal year 2010-2011.
Sec. 228. In addition to the funds appropriated in part 1, any additional federal funding awarded to Michigan through recalculation of formulas and under the redistribution provisions of the American recovery and reinvestment act of 2009, Public Law 11-5 shall also be allocated in separate line items and will not be included in base funding for any program.
Sec. 229. From the funds appropriated in part 1, the department shall develop, post, and maintain on a user-friendly and publicly accessible Internet site, all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made. Funds appropriated in part 1 from the federal American recovery and reinvestment act shall also be included on a publicly accessible website maintained by the Michigan economic recovery office. The department shall not provide financial information on its website under this section if doing so would violate a federal or state law, rule, regulation, or guideline that establishes privacy or security standards applicable to that section.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Cushingberry moved to amend the bill as follows:
1. Amend page 9, line 8, by striking out “300,000” and inserting “360,000” and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Cushingberry moved to amend the bill as follows:
1. Amend page 17, following line 12, by inserting:
“Sec. 225. It is the intent of the legislature that not later than 60 days after the state receives audited membership counts from intermediate school districts, the state superintendent of public instruction shall investigate and report to the legislature on the issue of pupil membership fraud and the incidence of students counted in membership in a district and not remaining in that district for the balance of the school year.”.
The motion prevailed and the amendment 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. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4438, entitled
A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 157 Yeas—74
Angerer Ebli LeBlanc Schmidt, R.
Ball Espinoza Leland Scott, B.
Barnett Geiss Lemmons Scott, P.
Bauer Gonzales Lindberg Scripps
Bennett Gregory Lipton Segal
Bledsoe Griffin Liss Sheltrown
Brown, L. Haase Mayes Simpson
Brown, T. Haines McDowell Slavens
Byrnes Hammel Meadows Slezak
Byrum Hansen Melton Smith
Clemente Haugh Miller Spade
Constan Horn Moore Stanley
Corriveau Huckleberry Nathan Switalski
Coulouris Jackson Nerat Tlaib
Cushingberry Johnson Neumann Valentine
Dean Jones, Robert Polidori Warren
Dillon Kandrevas Roberts Womack
Donigan Kennedy Rocca Young
Durhal Lahti
Nays—36
Agema DeShazor Kurtz Pavlov
Amash Elsenheimer Lori Pearce
Bolger Genetski Lund Proos
Booher Green Marleau Rogers
Calley Haveman McMillin Schmidt, W.
Caul Hildenbrand Meekhof Schuitmaker
Crawford Jones, Rick Meltzer Stamas
Daley Knollenberg Moss Tyler
Denby Kowall Opsommer Walsh
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Introduction of Bills
Reps. Rick Jones, Genetski, Meekhof, Elsenheimer, Mayes, Sheltrown, Schuitmaker, Marleau, Calley, Hansen, Hildenbrand, Espinoza, Horn, Lund, Pearce, Opsommer, Knollenberg, Moore, Stamas, Pavlov and Daley introduced
House Bill No. 4780, entitled
A bill to amend 1895 PA 1, entitled “An act to provide for the incorporation of Masonic Associations; and to impose certain duties upon the department of commerce,” (MCL 457.221 to 457.227) by adding section 4a.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Sheltrown introduced
House Bill No. 4781, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 216 and 719a (MCL 257.216 and 257.719a), section 216 as amended by 2008 PA 539 and section 719a as amended by 1996 PA 136, and by adding sections 38a, 49a, and 74a.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Rep. Sheltrown introduced
House Bill No. 4782, entitled
A bill to regulate recreational vehicle dealers, manufacturers, wholesalers, warrantors, and their representatives; to regulate dealings between recreational vehicle manufacturers, wholesalers, warrantors, and dealers; to regulate dealings between consumers and recreational vehicle manufacturers, wholesalers, warrantors, and dealers; to prohibit certain trade practices; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide remedies.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Rep. Opsommer introduced
House Bill No. 4783, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” (MCL 28.421 to 28.435) by adding section 12c.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Mayes and Moore introduced
House Bill No. 4784, entitled
A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending section 50 (MCL 338.3650).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Hammel introduced
House Bill No. 4785, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 27 and 28 (MCL 421.27 and 421.28), section 27 as amended by 2002 PA 192 and section 28 as amended by 1994 PA 422.
The bill was read a first time by its title and referred to the Committee on Labor.
Rep. Johnson introduced
House Bill No. 4786, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 28 (MCL 421.28), as amended by 1994 PA 422.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. Melton and Johnson introduced
House Bill No. 4787, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 5 and 1280 (MCL 380.5 and 380.1280), section 5 as amended by 2005 PA 61 and section 1280 as amended by 2006 PA 123, and by adding sections 1280c and 1320 and part 6d.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Johnson and Melton introduced
House Bill No. 4788, 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 Education.
Reps. Melton and Johnson introduced
House Bill No. 4789, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2008 PA 268.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Switalski, Tlaib, Young, Bettie Scott, Durhal, Johnson, Liss and Nathan introduced
House Bill No. 4790, entitled
A bill to provide compensation for individuals wrongly imprisoned for crimes; to prescribe the powers and duties of certain state governmental officers and agencies; and to provide remedies.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Switalski, Tlaib, Young, Bettie Scott, Durhal, Johnson, Liss and Nathan introduced
House Bill No. 4791, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2007 PA 154.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Paul Scott and Byrnes introduced
House Bill No. 4792, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310c.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Byrum, Byrnes, Slezak, Walsh, Crawford, Horn, Wayne Schmidt, Calley, Denby, Meltzer, Knollenberg, Roy Schmidt, LeBlanc, Miller, Geiss, Bledsoe, Donigan, Bauer, Switalski, Lisa Brown, Polidori, Lahti, Pearce, Rick Jones, Schuitmaker, Meekhof, Moore, Daley, Stamas, Lipton, Segal and Meadows introduced
House Bill No. 4793, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2004 and 2005 (MCL 339.2004 and 339.2005), section 2004 as amended by 1988 PA 463 and section 2005 as amended by 1998 PA 90.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Haase, Byrum, Kennedy, Huckleberry, Scripps, Terry Brown, Geiss, Donigan, Durhal, Bauer, Gregory, Haugh, Leland, Segal and Meadows introduced
House Bill No. 4794, entitled
A bill to amend 1966 PA 138, entitled “The family support act,” by amending section 2 (MCL 552.452), as amended by 2002 PA 574.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Kennedy, Byrum, Haase, Huckleberry, Scripps, Terry Brown, Geiss, Donigan, Durhal, Bauer, Haugh, Leland, Segal and Meadows introduced
House Bill No. 4795, entitled
A bill to amend 1956 PA 205, entitled “The paternity act,” by amending section 2 (MCL 722.712), as amended by 2004 PA 253.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Byrum, Haase, Kennedy, Huckleberry, Scripps, Terry Brown, Geiss, Donigan, Durhal, Bauer, Gregory, Haugh, Leland, Segal and Meadows introduced
House Bill No. 4796, entitled
A bill to amend 1846 RS 84, entitled “Of divorce,” (MCL 552.1 to 552.45) by adding section 40.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Sheltrown, Polidori, Mayes, Espinoza, Spade, Lahti, Constan, Nerat, Neumann, Lemmons, Warren, Hammel, Donigan, Johnson, Scripps and Dean introduced
House Bill No. 4797, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16205 (MCL 333.16205), as amended by 1986 PA 290.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Sheltrown, Polidori and Mayes introduced
House Bill No. 4798, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 513 (MCL 436.1513), as amended by 2007 PA 11.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Meadows introduced
House Bill No. 4799, entitled
A bill to amend 1846 RS 12, entitled “Of certain state officers,” by amending section 33 (MCL 14.33), as amended by 1996 PA 563.
The bill was read a first time by its title and referred to the Committee on Judiciary.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Angerer moved that when the House adjourns today it stand adjourned until Tuesday, April 21, at 1:30 p.m.
The motion prevailed.
Messages from the Senate
Senate Concurrent Resolution No. 12.
A concurrent resolution prescribing the legislative schedule.
Resolved by the Senate (the House of Representatives concurring), That when the Legislature adjourns on Thursday, April 2, 2009, it stands adjourned until Tuesday, April 21, 2009, at 10:00 a.m. for the Senate and 1:30 p.m. for the House of Representatives.
The Senate has adopted the concurrent resolution.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
______
Rep. Proos moved that the House adjourn.
The motion prevailed, the time being 7:00 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, April 21, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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