No. 8
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2010
House Chamber, Lansing, Tuesday, February 2, 2010.
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 Kurtz—present Polidori—present
Amash—present Ebli—excused Lahti—present Proos—present
Angerer—present Elsenheimer—present LeBlanc—present Roberts—present
Ball—present Espinoza—present Leland—present Rocca—present
Barnett—excused Geiss—present Lemmons—present Rogers—present
Bauer—present Genetski—present Lindberg—present Schmidt, R.—present
Bennett—present Gonzales—present Lipton—present Schmidt, W.—present
Bledsoe—present Green—present Liss—present Schuitmaker—present
Bolger—present Gregory—present Lori—present Scott, B.—excused
Booher—present Griffin—present Lund—present Scott, P.—present
Brown, L.—present Haase—present Marleau—present Scripps—present
Brown, T.—present Haines—present Mayes—present Segal—present
Byrnes—present Hammel—present McDowell—present Sheltrown—present
Byrum—present Hansen—present McMillin—present Slavens—present
Calley—present Haugh—present Meadows—present Slezak—present
Caul—present Haveman—present Meekhof—present Smith—present
Clemente—present Hildenbrand—present Melton—present Spade—present
Constan—present Horn—present Meltzer—present Stamas—present
Corriveau—present Huckleberry—present Miller—present Stanley—present
Coulouris—present Jackson—present Moore—excused Switalski—present
Crawford—present Johnson—present Moss—present Tlaib—present
Cushingberry—excused Jones, Rick—present Nathan—present Tyler—present
Daley—present Jones, Robert—present Nerat—present Valentine—present
Dean—present Kandrevas—present Neumann—present Walsh—present
Denby—present Kennedy—present Opsommer—present Warren—present
DeShazor—present Knollenberg—present Pavlov—present Womack—present
Dillon—present Kowall—present Pearce—present Young—present
Donigan—present
e/d/s = entered during session
Rep. Kenneth B. Horn, from the 94th District, offered the following invocation:
“Dear Lord, we thank You today for the blessings You have bestowed on the people of Michigan.
We thank You for the beauty and bounty of Your creation, particularly the magnificence of our Great Lakes.
We thank You for the freedoms that we enjoy in this great nation.
We pray for the men and the women in our armed forces who lay their lives on the line to protect those freedoms.
We thank the families that have lost loved ones who made the ultimate sacrifice for our country and ask that You be with them in their time of sorrow.
We thank You for our health and happiness and ask that the burden of those suffering in our state not be too much to bear.
Please comfort those at home and abroad struggling with the devastation of poverty and natural disasters.
As we keep them in our thoughts and prayers we ask that aid be swift and plentiful.
Please help us to remember that it is Your will we serve. As Representatives of our districts we have been given an awesome responsibility.
Please grant us the courage and wisdom to fulfill our duties with the utmost respect for those we serve.
We ask for Your guidance today and everyday Lord, in Your name we pray. Amen.”
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Rep. Opsommer moved that Rep. Moore be excused from today’s session.
The motion prevailed.
Rep. Angerer moved that Reps. Barnett, Cushingberry, Ebli and Bettie Scott be excused from today’s session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5749, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17967 (MCL 333.17967), as added by 2008 PA 471.
The bill was read a second time.
Rep. McMillin moved to substitute (H-1) the bill.
The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Gregory 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. 5749, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17967 (MCL 333.17967), as added by 2008 PA 471.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 18 Yeas—104
Agema Durhal Kurtz Polidori
Amash Elsenheimer Lahti Proos
Angerer Espinoza LeBlanc Roberts
Ball Geiss Leland Rocca
Bauer Genetski Lemmons Rogers
Bennett Gonzales Lindberg Schmidt, R.
Bledsoe Green Lipton Schmidt, W.
Bolger Gregory Liss Schuitmaker
Booher Griffin Lori Scott, P.
Brown, L. Haase Lund Scripps
Brown, T. Haines Marleau Segal
Byrnes Hammel Mayes Sheltrown
Byrum Hansen McDowell Slavens
Calley Haugh McMillin Slezak
Caul Haveman Meadows Smith
Clemente Hildenbrand Meekhof Spade
Constan Horn Melton Stamas
Corriveau Huckleberry Meltzer Stanley
Coulouris Jackson Miller Switalski
Crawford Johnson Moss Tlaib
Daley Jones, Rick Nathan Tyler
Dean Jones, Robert Nerat Valentine
Denby Kandrevas Neumann Walsh
DeShazor Kennedy Opsommer Warren
Dillon Knollenberg Pavlov Womack
Donigan Kowall Pearce Young
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.
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 Government Operations be discharged from further consideration of House Bill No. 4194.
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. 4194, entitled
A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 75 (MCL 38.1075), as amended by 1998 PA 501.
The bill was read a second time.
Rep. Knollenberg moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Slavens 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. 4194, entitled
A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 75 (MCL 38.1075), as amended by 1998 PA 501.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 19 Yeas—103
Agema Durhal Kurtz Proos
Amash Elsenheimer Lahti Roberts
Angerer Espinoza LeBlanc Rocca
Ball Geiss Leland Rogers
Bauer Genetski Lemmons Schmidt, R.
Bennett Gonzales Lindberg Schmidt, W.
Bledsoe Green Lipton Schuitmaker
Bolger Gregory Liss Scott, P.
Booher Griffin Lori Scripps
Brown, L. Haase Lund Segal
Brown, T. Haines Marleau Sheltrown
Byrnes Hammel Mayes Slavens
Byrum Hansen McDowell Slezak
Calley Haugh McMillin Smith
Caul Haveman Meadows Spade
Clemente Hildenbrand Meekhof Stamas
Constan Horn Melton Stanley
Corriveau Huckleberry Meltzer Switalski
Coulouris Jackson Miller Tlaib
Crawford Johnson Moss Tyler
Daley Jones, Rick Nerat Valentine
Dean Jones, Robert Neumann Walsh
Denby Kandrevas Opsommer Warren
DeShazor Kennedy Pavlov Womack
Dillon Knollenberg Pearce Young
Donigan Kowall Polidori
Nays—1
Nathan
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. Agema, Amash, Ball, Bledsoe, Bolger, Booher, Lisa Brown, Terry Brown, Byrnes, Byrum, Calley, Clemente, Corriveau, Crawford, Dean, Denby, DeShazor, Elsenheimer, Espinoza, Geiss, Genetski, Gonzales, Green, Gregory, Griffin, Haase, Haines, Hammel, Hansen, Haugh, Haveman, Hildenbrand, Horn, Rick Jones, Robert Jones, Kennedy, Knollenberg, Kurtz, LeBlanc, Leland, Lipton, Liss, Lori, Lund, Mayes, Meadows, Meekhof, Melton, Meltzer, Miller, Moss, Neumann, Opsommer, Pavlov, Pearce, Polidori, Proos, Rocca, Rogers, Roy Schmidt, Wayne Schmidt, Schuitmaker, Paul Scott, Sheltrown, Slezak, Spade, Stamas, Stanley, Tyler, Valentine, Walsh and Womack were named co‑sponsors of the bill.
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 Wednesday, February 3, at 6:00 p.m.
The motion prevailed.
Reps. Corriveau, Ball, Bolger, Booher, Terry Brown, Calley, Clemente, Constan, Daley, Dean, DeShazor, Durhal, Geiss, Genetski, Gonzales, Green, Griffin, Haines, Huckleberry, Rick Jones, Robert Jones, Kandrevas, Knollenberg, Kowall, Kurtz, Lahti, LeBlanc, Leland, Lemmons, Liss, Lund, Marleau, Mayes, McDowell, Moss, Neumann, Opsommer, Pavlov, Pearce, Polidori, Rocca, Rogers, Wayne Schmidt, Schuitmaker, Scripps, Sheltrown, Switalski and Tyler offered the following resolution:
House Resolution No. 204.
A resolution recognizing January 31-February 6, 2010, as Catholic Schools Week in the state of Michigan.
Whereas, There are 63,803 students attending 255 Catholic elementary and high schools throughout our great state; and
Whereas, The Constitution of Michigan states that “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged”; and
Whereas, Catholic schools provide young people with a strong foundation of values and academic skills needed to become responsible citizens of our state and nation; and
Whereas, The Catholic Church sees the parents as the primary educators and that parental supervision and involvement play a major role in the education of students; and
Whereas, Catholic schools believe that teaching morals and values is essential to the complete education of the student since every member of society continually makes moral decisions; and
Whereas, Catholic schools educate many students who are non-Catholic and many students who are economically disadvantaged; and
Whereas, Catholic school educators are dedicated to producing academically-strong students who also commit themselves to service; and
Whereas, January 31-February 6, 2010, has been designated as Catholic Schools Week, with the theme “Catholic SchoolsDividends for Life,” as denoted by the National Catholic Educational Association (NCEA) and the United States Conference of Catholic Bishops; and
Whereas, The dividends of a Catholic school education: faith, knowledge, morals and discipline last a lifetime; and
Whereas, The common good of the state of Michigan is strengthened through the existence of Catholic schools; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize January 31-February 6, 2010, as Catholic Schools Week in the state of Michigan, due to the great accomplishments and contributions of Catholic schools in and to our state; be it further
Resolved, That copies of this resolution be transmitted to the Michigan Catholic Conference with our highest esteem.
The question being on the adoption of the resolution,
The resolution was adopted.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following Senate bills had been received on Wednesday, January 27:
Senate Bill Nos. 325 413 883 952 953 954 1061
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Thursday, January 28:
House Bill Nos. 5767 5768 5769 5770 5771 5772
Senate Bill Nos. 1091 1092 1093 1094 1095 1096
Senate Joint Resolution R
The Clerk announced that the following Senate bill had been received on Tuesday, February 2:
Senate Bill No. 1010
The Clerk announced that the following bill had been printed and placed upon the files of the members on Tuesday, February 2:
Senate Bill No. 1097
Reports of Standing Committees
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, February 2, 2010
Present: Reps. Mayes, Geiss, Lisa Brown, Clemente, Huckleberry, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos and Schuitmaker
Absent: Reps. Ebli, Johnson and Wayne Schmidt
Excused: Reps. Ebli, Johnson and Wayne Schmidt
Messages from the Senate
Senate Bill No. 325, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 539l.
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. 413, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 483a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Senate Bill No. 883, entitled
A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” (MCL 205.171 to 205.191) by adding section 14a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 952, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 482 (MCL 168.482), as amended by 1998 PA 142.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Senate Bill No. 953, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 483b.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Senate Bill No. 954, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 488 (MCL 168.488), as added by 1998 PA 142.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Senate Bill No. 1010, entitled
A bill to amend an act of the Territorial Laws, p. 1131, vol. III, approved April 22, 1833, entitled “An act to establish Kalamazoo college and to prescribe its powers and duties,” by amending section 3 (MCL 390.753), as amended by 1985 PA 203.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 1061, entitled
A bill to amend 1974 PA 359, entitled “An act to authorize the department of natural resources to convey certain lands lying within the boundaries of the lakeshore zone and parkway location of the Sleeping Bear dunes national lakeshore park to the United States; to provide for cession of certain jurisdiction of this state and to determine the measure thereof over such lands; to authorize acceptance of relinquished jurisdiction over such lands or portions thereof; and to repeal certain acts and parts of acts,” by amending section 8 (MCL 3.908), as amended by 1996 PA 30; 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 Appropriations.
House Concurrent Resolution No. 40.
A concurrent resolution providing for a joint convention of the House of Representatives and the Senate.
(For text of resolution, see House Journal No. 7, p. 75.)
The Senate has adopted the concurrent resolution and named Senators Anderson, Barcia, Basham, Cherry, Gleason and Jacobs as co‑sponsors.
The concurrent resolution was referred to the Clerk for record.
Introduction of Bills
Reps. Leland, Donigan, Lindberg, Byrnes, Haugh, Lahti and Nerat introduced
House Bill No. 5773, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending sections 51, 77, 82, and 203 (MCL 259.51, 259.77, 259.82, and 259.203), section 51 as amended by 2002 PA 35, sections 77 and 82 as amended by 1996 PA 370, and section 203 as amended by 2008 PA 25.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Lahti, McDowell, Neumann and Wayne Schmidt introduced
House Bill No. 5774, entitled
A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending sections 6 and 8 of chapter IV (MCL 224.6 and 224.8), section 6 as amended by 2006 PA 598 and section 8 as amended by 1994 PA 320.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Reps. Wayne Schmidt, McDowell and Neumann introduced
House Bill No. 5775, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 252, 254, 267, and 269 (MCL 168.252, 168.254, 168.267, and 168.269), section 254 as amended by 1999 PA 218 and section 269 as amended by 1990 PA 7.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Reps. Lindberg, Lahti, McDowell, Neumann and Wayne Schmidt introduced
House Bill No. 5776, entitled
A bill to amend 1966 PA 261, entitled “An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 3 (MCL 46.403).
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Reps. Lahti, McDowell, Neumann and Lindberg introduced
House Bill No. 5777, entitled
A bill to regulate the use of ropes, chains, wires, or similar devices in blocking access to certain land; and to provide for penalties.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Reps. Lori, Walsh, Kurtz, DeShazor, Denby and Tyler introduced
House Bill No. 5778, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 62b and 62c (MCL 791.262b and 791.262c), section 62b as amended by 2000 PA 211 and section 62c as amended by 1988 PA 293.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Announcements by the Clerk
January 29, 2010
Received from the Auditor General a copy of the following audit report and/or report summary:
Financial statements of the State Building Authority, a blended component unit of the State of Michigan, as of and for the fiscal year ended September 30, 2009.
January 29, 2010
Received from the Auditor General a copy of the following audit report and/or report summary:
Financial statements of the Michigan Higher Education Assistance Authority, a discretely presented component unit of the State of Michigan, as of and for the fiscal year ended September 30, 2009.
Richard J. Brown
Clerk of the House
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Rep. Young moved that the House adjourn.
The motion prevailed, the time being 3:30 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, February 3, at 6:00 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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