No. 49
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Tuesday, June 2, 2009.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Durhal—present 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—excused 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. James Marleau, from the 46th District, offered the following invocation:
“God of power and might, wisdom and justice, through You authority is rightly administered, laws are enacted, and judgment is decreed. Assist with Your spirit of counsel to the leaders of this great state of Michigan. May we always seek the ways of righteousness, justice and mercy. Grant that we may be enabled by Your powerful protection to lead our State with honesty and integrity. We ask this through Christ our Lord. Amen.”
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Rep. Segal moved that Rep. Coulouris be excused from today’s session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4906, entitled
A bill to amend 2004 PA 174, entitled “Streamlined sales and use tax administration act,” by amending section 25 (MCL 205.825), as amended by 2008 PA 437.
The bill was read a second time.
Rep. Ebli moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4906, entitled
A bill to amend 2004 PA 174, entitled “Streamlined sales and use tax administration act,” by amending section 25 (MCL 205.825), as amended by 2008 PA 437.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 264 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
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau 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—2
Amash McMillin
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4977, entitled
A bill to amend 1988 PA 511, entitled “Community corrections act,” by amending section 8 (MCL 791.408).
The bill was read a second time.
Rep. Kandrevas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4977, entitled
A bill to amend 1988 PA 511, entitled “Community corrections act,” by amending section 8 (MCL 791.408).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 265 Yeas—71
Angerer Ebli LeBlanc Scripps
Barnett Espinoza Leland Segal
Bauer Geiss Lemmons Sheltrown
Bennett Gonzales Lindberg Simpson
Bledsoe Gregory Lipton Slavens
Brown, L. Griffin Liss Slezak
Brown, T. Haase Mayes Smith
Byrnes Hammel McDowell Spade
Byrum Haugh Meadows Stamas
Caul Haveman Melton Stanley
Clemente Huckleberry Miller Switalski
Constan Jackson Nathan Tlaib
Corriveau Johnson Nerat Valentine
Cushingberry Jones, Rick Neumann Walsh
Dean Jones, Robert Polidori Warren
Dillon Kandrevas Roberts Womack
Donigan Kennedy Schmidt, R. Young
Durhal Lahti Scott, B.
Nays—38
Agema Elsenheimer Lori Pavlov
Amash Genetski Lund Pearce
Ball Green Marleau Proos
Bolger Haines McMillin Rocca
Booher Hansen Meekhof Rogers
Calley Hildenbrand Meltzer Schmidt, W.
Crawford Horn Moore Schuitmaker
Daley Knollenberg Moss Scott, P.
Denby Kowall Opsommer Tyler
DeShazor Kurtz
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 432, 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 second time.
Rep. Johnson moved to amend the bill as follows:
1. Amend page 2, line 19, after “THE” by inserting “LICENSED PREMISES FOR THE OPERATION OF A”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 2, following line 22, by inserting:
“(4) SUBJECT TO THE PROVISIONS OF SECTION 531, THE COMMISSION MAY ISSUE A LICENSE TO A PRIVATE ENTITY FOR THE SALE OF ALCOHOLIC LIQUOR FOR CONSUMPTION ON THE LICENSED PREMISES OF A RESTAURANT LOCATED ON LAND OWNED BY WESTERN MICHIGAN UNIVERSITY IF BOTH OF THE FOLLOWING CIRCUMSTANCES EXIST:
(A) THE LAND IS LEASED OR SUBLEASED AT FAIR MARKET VALUE TO A PRIVATE ENTITY THAT OWNS, LEASES, OR SUBLEASES THE RESTAURANT.
(B) THE RESTAURANT IS LOCATED WITHIN AN AREA DESIGNATED FOR INDUSTRIAL, RESEARCH, OR COMMERCIAL DEVELOPMENT BY THE GOVERNING BOARD OF WESTERN MICHIGAN UNIVERSITY.” and renumbering the remaining subsections.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Amash moved to amend the bill as follows:
1. Amend page 2, line 16, after “BY” by striking out the balance of the line through “(A)” on line 18 and inserting “ANY COLLEGE OR UNIVERSITY IF”.
2. Amend page 2, line 20, by striking out all of subdivision (B).
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Angerer moved to amend the bill as follows:
1. Amend page 3, line 26, after “institute,” by striking out “and”.
2. Amend page 3, line 27, after “college” by inserting a comma and “AND THE LA-Z-BOY CENTER AT MONROE COMMUNITY COLLEGE”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Segal moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 432, 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 266 Yeas—96
Angerer Elsenheimer Lahti Rocca
Ball Espinoza LeBlanc Rogers
Barnett Geiss Leland Schmidt, R.
Bauer Gonzales Lemmons Schmidt, W.
Bennett Green Lindberg Scott, B.
Bledsoe Gregory Lipton Scott, P.
Bolger Griffin Liss Scripps
Booher Haase Lori Segal
Brown, L. Haines Lund Sheltrown
Brown, T. Hammel Mayes Simpson
Byrnes Hansen McDowell Slavens
Byrum Haugh Meadows Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Crawford Jackson Moss Switalski
Cushingberry Johnson Nathan Tlaib
Dean Jones, Rick Nerat Tyler
Denby Jones, Robert Neumann Valentine
Dillon Kandrevas Pavlov Walsh
Donigan Kennedy Polidori Warren
Durhal Knollenberg Proos Womack
Ebli Kowall Roberts Young
Nays—13
Agema DeShazor Marleau Opsommer
Amash Genetski McMillin Pearce
Calley Kurtz Meekhof Schuitmaker
Daley
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 create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Segal moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4932, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 310b (MCL 750.310b), as added by 1996 PA 539.
The bill was read a second time.
Rep. Johnson 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. Rocca moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4932, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 310b (MCL 750.310b), as added by 1996 PA 539.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 267 Yeas—107
Agema Durhal Lahti Roberts
Amash Ebli LeBlanc Rocca
Angerer Elsenheimer Leland Rogers
Ball Espinoza Lemmons Schmidt, R.
Barnett Geiss Lindberg Schmidt, W.
Bauer Genetski Lipton Schuitmaker
Bennett Gonzales Liss Scott, B.
Bledsoe Green Lori Scott, P.
Bolger Gregory Lund Scripps
Booher Griffin Marleau Segal
Brown, L. Haase Mayes Sheltrown
Brown, T. Haines McDowell Simpson
Byrnes Hammel McMillin Slavens
Byrum Hansen Meadows Slezak
Calley Haugh Meekhof Smith
Caul Haveman Melton Spade
Clemente Hildenbrand Meltzer Stamas
Constan Horn Miller Stanley
Corriveau Huckleberry Moore Switalski
Crawford Jackson Moss Tlaib
Cushingberry Johnson Nathan Tyler
Daley Jones, Rick Nerat Valentine
Dean Kandrevas Neumann Walsh
Denby Kennedy Opsommer Warren
DeShazor Knollenberg Pavlov Womack
Dillon Kowall Polidori Young
Donigan Kurtz Proos
Nays—2
Jones, Robert Pearce
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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Rep. Segal moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. LeBlanc offered the following resolution:
House Resolution No. 105.
A resolution declaring the second Saturday in July as Cruisin’ Michigan Day in the state of Michigan.
Whereas, The Michigan Avenue corridor through Wayne County has a tremendous automotive endowment and heritage that has produced significant wealth and economic investment for the state and its residents; and
Whereas, Michigan Avenue is where the world headquarters of the Ford Motor Company is located, as well many other automotive facilities, factories and museums; and
Whereas, To celebrate and observe Michigan Avenue’s contributions to the automotive industry and love affair with the automobile, five Wayne County communities – Dearborn, Dearborn Heights, Inkster, Westland and Wayne – are teaming up with automotive enthusiast Don Nicholson, local car clubs, chambers of commerce and corporate sponsors to host the annual Cruisin’ Michigan cruise and car show on the second Saturday in July; and
Whereas, This inaugural event will provide significant economic benefits for the businesses located along Michigan Avenue, as well as for local service organizations such as the Kiwanis, Rotary and other clubs that will be able to sell merchandise to support their missions; and
Whereas, Cruisin’ Michigan will promote Michigan and recognize the contributions it has made to the automotive industry; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body designate the second Saturday in July as Cruisin’ Michigan Day.
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Nerat offered the following resolution:
House Resolution No. 106.
A resolution to memorialize the Congress of the United States to rectify the imbalance in federal transportation funding that has consistently put Michigan near the bottom of the 50 states in the percentage of federal transportation tax dollars returned to this state each year.
Whereas, Since the creation of the federal highway system and the construction of the interstate network that began in the 1950s, Michigan has paid more than its share—much more—of the costs of the nation’s network of roads. Through a complicated formula that has changed over a span of more than 5 decades, one thing has remained unchanged: Michigan has been, and continues to be, a “donor state,” one sending significantly more money to Washington that it receives in return; and
Whereas, Since the enactment of the Federal Aid Highway Act of 1956 and up to and including the 2006-2007 Fiscal Year, Michigan has, through the various federal transportation taxes paid by Michigan drivers, paid out more than $1.4 billion than it has been allocated in program funds. This shortfall, which represents a 94 percent return, places Michigan at 46th out of the 50 states in the money returned to fund projects in our state. The overall result of this policy is an insufficiently maintained highway network that becomes even more expensive to care for than it needs to be; and
Whereas, Although this serious imbalance in the redistribution of federal transportation tax dollars has always been disturbing and unfair, the harmful impact of this continuing injustice is exacerbated as Michigan struggles in the throes of the transformational challenges facing our economy. No longer can we absorb this annual inequity without seriously jeopardizing the safety of all who utilize our aging highway infrastructure; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to rectify the imbalance in federal transportation funding that has consistently put Michigan near the bottom of the 50 states in the percentage of federal transportation tax dollars returned to this state each year; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Transportation.
Reps. Opsommer, Amash, Ball, Genetski, Lori, McMillin, Pearce, Sheltrown and Tyler offered the following concurrent resolution:
House Concurrent Resolution No. 22.
A concurrent resolution to memorialize the Congress of the United States to enact legislation to end the current federal gas tax highway program or to allow individual states to opt out.
Whereas, Federal motor fuel and motor vehicle taxes are collected for transactions in each state and then deposited into the Federal Aid Highway Program of the Highway Trust Fund, where they are later redistributed back to the states for approved highway projects. Each state’s federal motor fuel taxes are calculated on the basis of the gallons of gasoline and diesel fuels sold within its boundaries; and
Whereas, Michigan has been a donor state for transportation dollars for many years, getting back less than it sends out and seeing its dollars in essence go to subsidize roads or policy projects in other states. In recent years, Michigan has received federal transportation dollars at levels between 87 and 92 percent of the share of the tax revenue that the state and its citizens generated for the Highway Trust Fund. At a 100 percent level, the state would receive an additional $100-150 million each year. This current inequitable and unfair federal highway funding practice makes it far more difficult for Michigan to maintain the quality of its highways and puts pressure on Michigan to increase its own gas tax in order to compensate; and
Whereas, The federal government frequently uses these dollars to financially coerce states to adopt federal rules and laws only tangentially related to road construction, holding back money if Michigan does not acquiesce to pressure in instances in which the federal government would ordinarily have no standing. Additionally, only about 60 percent of the federal fuel taxes paid by motorists go to roads. There were 7,000 individual earmarks enacted in the transportation reauthorization bill in 2005, which clearly detracts from the original intent of the highway program and further jeopardizes Michigan’s roads; and
Whereas, The interstate highway system was completed in the early 1980s, fulfilling the original goals of the federal highway program. The program should be ended and the responsibility turned back to the states either in whole or individually so they can opt out of collecting federal gas taxes. This would allow the states to make decisions regarding their own gas taxes in full knowledge that they would actually be able to keep and use all of the dollars that are generated. Opt-out states would be free to pursue transportation objectives that are in the best interest of their citizens while still meeting certain performance standards and maintaining and enhancing segments of interstate highway in their state; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to enact legislation to either end the current federal highway program or allow states to opt out and maintain their own roads; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The concurrent resolution was referred to the Committee on Transportation.
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 Friday, May 29:
House Bill Nos. 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024
5025 5026 5027 5028 5029 5030
Reports of Standing Committees
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
Senate Bill No. 349, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43521 (MCL 324.43521), as amended by 1996 PA 585.
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. Sheltrown, Slezak, Ebli, Huckleberry, Lindberg, Simpson, Stanley, Stamas, Bolger and Hansen
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:
Meeting held on: Tuesday, June 2, 2009
Present: Reps. Sheltrown, Slezak, Ebli, Huckleberry, Lindberg, Simpson, Stanley, Stamas, Bolger and Hansen
Absent: Rep. Horn
Excused: Rep. Horn
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
House Bill No. 4940, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20153.
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. Corriveau, Segal, Byrum, Donigan, Johnson, Liss, Neumann, Roy Schmidt, Simpson, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green and Paul Scott
Nays: None
The Committee on Health Policy, by Rep. Corriveau, Chair, reported
House Bill No. 4941, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n (MCL 777.13n), as amended by 2008 PA 37.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Corriveau, Segal, Byrum, Donigan, Johnson, Liss, Neumann, Roy Schmidt, Simpson, Slavens, Valentine, Marleau, Ball, Calley, Crawford, Denby, Green and Paul Scott
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Corriveau, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, June 2, 2009
Present: Reps. Corriveau, Segal, Byrum, Donigan, Johnson, Liss, Neumann, Roy Schmidt, Simpson, Slavens, Valentine, Womack, Marleau, Ball, Calley, Crawford, Denby, Green, Moore and Paul Scott
Absent: Rep. Coulouris
Excused: Rep. Coulouris
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
House Bill No. 4520, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” (MCL 117.1 to 117.38) by adding section 5k.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Kennedy, Young, Lund, Denby, Meekhof and Wayne Schmidt
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Donigan, Chair, of the Committee on Intergovernmental and Regional Affairs, was received and read:
Meeting held on: Tuesday, June 2, 2009
Present: Reps. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Kennedy, Young, Lund, Denby, Meekhof and Wayne Schmidt
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Mayes, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Tuesday, June 2, 2009
Present: Reps. Mayes, Lisa Brown, Ebli, Huckleberry, Johnson, Lindberg, Melton, Roberts, Scripps, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker
Absent: Reps. Geiss, Clemente, Lipton, Horn and Crawford
Excused: Reps. Geiss, Clemente, Lipton, Horn and Crawford
Communications from State Officers
The following communication from the Department of Community Health was received and read:
May 20, 2009
In accordance with MCL 333.7524a., I am pleased to present to the Michigan Legislature the 17th comprehensive report on asset forfeiture. Michigan’s asset forfeiture program saves taxpayer money and deprives drug criminals of cash and property obtained through illegal activity. Michigan’s law enforcement community has done an outstanding job of stripping drug dealers of illicit gain and utilizing these proceeds to expand and enhance drug enforcement efforts to protect our citizens.
During 2008, over $25.3 million in cash and assets amassed by drug traffickers was forfeited and placed into the fight against drugs through the use of state and federal forfeiture laws. Extensive multi-agency teamwork is evident in this report. Considerable assets were obtained as the result of joint enforcement involving several agencies at the federal, state and local levels.
Forfeiture funds were used to further enforce drug laws by providing resources for drug enforcement personnel, needed equipment, undercover informant and investigative costs, and matching funds to obtain federal grants. Some of the forfeited assets were also used for drug and gang prevention education programs.
I commend our law enforcement community for the tremendous job they have done and submit this report for your information and review.
Sincerely,
Deborah J. Hollis, Acting Director
Office of Drug Control Policy
The communication was referred to the Clerk.
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
May 27, 2009
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy Labor & Economic Growth and the State Office of Administrative Hearings and Rules filed Administrative Rule #2007-010-LG (Secretary of State Filing #09-05-07) on this date at 11:35 a.m. for the Department of Energy Labor & Economic Growth, entitled “Electric Interconnection and Net Metering Standards”.
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a (6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
May 27, 2009
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy Labor & Economic Growth and the State Office of Administrative Hearings and Rules filed Administrative Rule #2009-006-LG (Secretary of State Filing #09-05-08) on this date at 11:37 a.m. for the Department of Energy Labor & Economic Growth, entitled “Part 1a. Abrasive Wheels”.
These rules take effect 14 days after filing with the Secretary of State.
May 28, 2009
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Environmental Quality and the State Office of Administrative Hearings and Rules filed Administrative Rule #2007-038-EQ (Secretary of State Filing #09-05-09) on this date at 11:20 a.m. for the Department of Environmental Quality, entitled “Part 8. Emission Limitations and Prohibitions-Oxides of Nitrogen (NOx)”.
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a (6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
May 28, 2009
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy, Labor and Economic Growth and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-001-LG (Secretary of State Filing #09-05-10) on this date at 11:22 a.m. for the Department of Energy, Labor and Economic Growth, entitled “Michigan Boiler Rules”.
These rules take effect 60 days after filing with the Secretary of State.
May 28, 2009
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy, Labor and Economic Growth and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-048-SR (Secretary of State Filing #09-05-11) on this date at 11:24 a.m. for the Department of Energy, Labor and Economic Growth, entitled “Public School Retirement Board – General Hearing Rules”.
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a (6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
May 29, 2009
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Agriculture and the State Office of Administrative Hearings and Rules filed Administrative Rule #2007-048-AC (Secretary of State Filing #09-05-12) on this date at 11:26 a.m. for the Department of Agriculture, entitled “Regulation No. 561. Dispensing Facility Reid Vapor Pressure”.
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a (6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
May 29, 2009
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy, Labor and Economic Growth and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-013-LG (Secretary of State Filing #09-05-13) on this date at 11:28 a.m. for the Department of Energy, Labor and Economic Growth, entitled “Health Care Facilities Fire Safety Rules”.
These rules become effective 60 days after filing with the Secretary of State.
Sincerely,
Terri Lynn Land
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
Introduction of Bills
Rep. Opsommer introduced
House Bill No. 5031, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 504 and 43509 (MCL 324.504 and 324.43509), section 504 as amended by 2004 PA 130 and section 43509 as amended by 1996 PA 585.
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. 5032, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 112, 115, 213, 305, and 404 (MCL 18.1112, 18.1115, 18.1213, 18.1305, and 18.1404), sections 115, 305, and 404 as amended by 1999 PA 8 and section 213 as amended by 2006 PA 269, and by adding sections 241c and 255.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Reps. Scripps and Meadows introduced
House Bill No. 5033, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5838a and 5851 (MCL 600.5838a and 600.5851), section 5838a as amended by 1993 PA 78 and section 5851 as amended by 1993 PA 283.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Byrnes introduced
House Bill No. 5034, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2918 (MCL 600.2918).
The bill was read a first time by its title and referred to the Committee on Judiciary.
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Rep. Marleau moved that the House adjourn.
The motion prevailed, the time being 3:05 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, June 3, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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