No. 11

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Tuesday, February 9, 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—present Lahti—present Proos—present

Angerer—present Elsenheimer—present LeBlanc—present Roberts—present

Ball—present Espinoza—present Leland—excused Rocca—present

Barnett—present Geiss—present Lemmons—excused 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—excused Moore—present Switalski—present

Crawford—present Johnson—present Moss—present Tlaib—present

Cushingberry—e/d/s 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. Deb Kennedy, from the 23rd District, offered the following invocation:

“We gather with thankful hearts for Your mercy and bountiful blessings. Our visionary pioneers - our grandparents and great-grandparents - arrived in Michigan with hope in their hearts. Today - looking to the future - we think of our children and grandchildren that have that same hope in their heart. Help us to act for the good of all Your people. Alone we don’t have the strength to tackle these challenges. But You have put us in this place, at this time, together, for a reason. Help us trust You will give us strength, courage and discernment for all we are called to do.

Let us see the potential, the positives, the possibilities, that await and together the people said Amen.”

______

Rep. Angerer moved that Reps. Jackson, Leland, Lemmons and Bettie Scott be excused from today’s session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4931, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2008 PA 565.

The bill was read a second time.

Rep. Haveman 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. 4931, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2008 PA 565.

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

Roll Call No. 23 Yeas—104

Agema Donigan Kowall Polidori

Amash Durhal Kurtz Proos

Angerer Ebli Lahti Roberts

Ball Elsenheimer LeBlanc Rocca

Barnett Espinoza Lindberg Rogers

Bauer Geiss Lipton Schmidt, R.

Bennett Genetski Liss Schmidt, W.

Bledsoe Gonzales Lori Schuitmaker

Bolger Green Lund Scott, P.

Booher Gregory Marleau Scripps

Brown, L. Griffin Mayes Segal

Brown, T. Haase McDowell Sheltrown

Byrnes Haines McMillin Slavens

Byrum Hammel Meadows Slezak

Calley Hansen Meekhof Smith

Caul Haugh Melton Spade

Clemente Haveman Meltzer Stamas

Constan Hildenbrand Miller Stanley

Corriveau Horn Moore Switalski

Coulouris Huckleberry Moss Tlaib

Crawford Johnson Nathan Tyler

Daley Jones, Rick Nerat Valentine

Dean Jones, Robert Neumann Walsh

Denby Kandrevas Opsommer Warren

DeShazor Kennedy Pavlov Womack

Dillon Knollenberg 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.

Second Reading of Bills

House Bill No. 5698, entitled

A bill to amend 1967 PA 288, entitled “Land division act,” by amending sections 102, 151, 172, 173, 198, 210, 224a, 229, 242, 244, 255b, 256, 257, and 290 (MCL 560.102, 560.151, 560.172, 560.173, 560.198, 560.210, 560.224a, 560.229, 560.242, 560.244, 560.255b, 560.256, 560.257, and 560.290), section 102 as amended by 1996 PA 591 and section 224a as amended by 1996 PA 219.

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

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

Rep. Barnett 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. 5698, entitled

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

Roll Call No. 24 Yeas—104

Agema Donigan Kowall Polidori

Amash Durhal Kurtz Proos

Angerer Ebli Lahti Roberts

Ball Elsenheimer LeBlanc Rocca

Barnett Espinoza Lindberg Rogers

Bauer Geiss Lipton Schmidt, R.

Bennett Genetski Liss Schmidt, W.

Bledsoe Gonzales Lori Schuitmaker

Bolger Green Lund Scott, P.

Booher Gregory Marleau Scripps

Brown, L. Griffin Mayes Segal

Brown, T. Haase McDowell Sheltrown

Byrnes Haines McMillin Slavens

Byrum Hammel Meadows Slezak

Calley Hansen Meekhof Smith

Caul Haugh Melton Spade

Clemente Haveman Meltzer Stamas

Constan Hildenbrand Miller Stanley

Corriveau Horn Moore Switalski

Coulouris Huckleberry Moss Tlaib

Crawford Johnson Nathan Tyler

Daley Jones, Rick Nerat Valentine

Dean Jones, Robert Neumann Walsh

Denby Kandrevas Opsommer Warren

DeShazor Kennedy Pavlov Womack

Dillon Knollenberg 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.

Second Reading of Bills

House Bill No. 5456, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 759e.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Ethics and Elections,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. McMillin moved to amend the bill as follows:

1. Amend page 1, line 2, after “LIST” by inserting “FOR ELECTORS 60 YEARS OF AGE OR OLDER”.

2. Amend page 1, line 4, after “ELECTOR” by inserting “60 YEARS OF AGE OR OLDER”.

3. Amend page 2, line 5, after “FOR” by striking out “THE ELECTOR” and inserting “AN ELECTOR 60 YEARS OF AGE OR OLDER”.

4. Amend page 2, line 10, after “FOR” by striking out “THE ELECTOR” and inserting “AN ELECTOR 60 YEARS OF AGE OR OLDER”.

5. Amend page 2, line 14, after “ELECTOR” by inserting “60 YEARS OF AGE OR OLDER”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Hildenbrand moved to amend the bill as follows:

1. Amend page 3, line 8, after “PREVIOUS” by striking out the balance of the line and inserting “YEAR.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. McMillin moved to amend the bill as follows:

1. Amend page 1, line 2, after “LIST” by inserting “FOR ELECTORS 60 YEARS OF AGE OR OLDER AND ACTIVE MILITARY PERSONNEL”.

2. Amend page 1, line 4, after “ELECTOR” by inserting “60 YEARS OF AGE OR OLDER AND ACTIVE MILITARY PERSONNEL”.

3. Amend page 2, line 5, after “FOR” by striking out “THE ELECTOR” and inserting “AN ELECTOR 60 YEARS OF AGE OR OLDER OR ACTIVE MILITARY PERSONNEL”.

4. Amend page 2, line 10, after “FOR” by striking out “THE ELECTOR” and inserting “AN ELECTOR 60 YEARS OF AGE OR OLDER OR ACTIVE MILITARY PERSONNEL”.

5. Amend page 2, line 14, after “ELECTOR” by inserting “60 YEARS OF AGE OR OLDER OR ACTIVE MILITARY PERSONNEL”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not 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.

______

Rep. Cushingberry entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5456, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 759e.

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

Roll Call No. 25 Yeas—83

Angerer Dillon Kurtz Rogers

Ball Donigan Lahti Schmidt, R.

Barnett Durhal LeBlanc Schmidt, W.

Bauer Ebli Lindberg Schuitmaker

Bennett Espinoza Lipton Scripps

Bledsoe Geiss Liss Segal

Booher Gonzales Lori Sheltrown

Brown, L. Green Mayes Slavens

Brown, T. Gregory McDowell Slezak

Byrnes Griffin Meadows Smith

Byrum Haase Melton Spade

Calley Haines Miller Stanley

Caul Hammel Nathan Switalski

Clemente Haugh Nerat Tlaib

Constan Huckleberry Neumann Tyler

Corriveau Johnson Opsommer Valentine

Coulouris Jones, Robert Pearce Walsh

Crawford Kandrevas Polidori Warren

Cushingberry Kennedy Proos Womack

Dean Knollenberg Roberts Young

DeShazor Kowall Rocca

Nays—22

Agema Genetski Lund Moore

Amash Hansen Marleau Moss

Bolger Haveman McMillin Pavlov

Daley Hildenbrand Meekhof Scott, P.

Denby Horn Meltzer Stamas

Elsenheimer Jones, Rick

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:

I can not vote for HB 5456. It is an unfunded mandate on local governments.”

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.

Reps. Huckleberry, Espinoza, McDowell, Nerat, Byrum, Segal, Scripps, Barnett, Slezak, Griffin, Terry Brown, Valentine, Haase, Ball, Booher, Byrnes, Calley, Caul, Constan, Dean, DeShazor, Durhal, Geiss, Gonzales, Gregory, Hansen, Haugh, Robert Jones, Kowall, Kurtz, Lindberg, Liss, Lori, Lund, Mayes, Neumann, Opsommer, Pearce, Polidori, Proos, Rogers, Sheltrown, Slavens, Spade, Stanley, Switalski and Tyler offered the following resolution:

House Resolution No. 207.

A resolution honoring the Michigan potato industry for its role in meeting the food needs of the citizens of the state of Michigan in an economical manner.

Whereas, The Michigan potato industry has become economically viable with the assistance of research, promotion, education, and communication; and

Whereas, These factors have fostered a competitiveness that has yielded a near-doubling of the annual value of the Michigan potato crop in only a dozen years, from $80 million in 1996 to $156 million in 2008; and

Whereas, The Michigan potato industry is capable of meeting the fresh-potato needs of every man, woman and child in Michigan while also emerging as a leading supplier to the nation’s chip manufacturers, strengthening its role as one of Michigan’s leading produce commodities; and

Whereas, The Michigan potato industry has stepped forward in these difficult times to provide locally grown potatoes to Michigan State Industries (MSI) when Governor Jennifer Granholm instituted a new government purchasing policy termed “Buy Michigan First.” The Michigan-grown potatoes are not only competitive with out-of-state supplies but also claim the natural advantage of lower freight costs in an era of high energy prices and furthermore retain money within the state for circulation through local economies; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the Michigan potato industry for its thriving viability despite a severe economic downturn; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Potato Industry Commission, in recognition of our most sincere commendation of Michigan potato growers for their vital participation in the collaboration between the Legislature, the Executive Office, state agencies and the agricultural community to gain maximum benefits from limited state funds during these difficult economic times.

The resolution was referred to the Committee on Agriculture.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, February 4, for her approval of the following bill:

Enrolled House Bill No. 5626 at 3:04 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, February 5:

House Bill Nos. 5779 5780 5781 5782 5783

Senate Bill Nos. 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114

The Clerk announced that the following Senate bills had been received on Tuesday, February 9:

Senate Bill Nos. 794 795 1001 1071

Reports of Standing Committees

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported

House Resolution No. 200.

A resolution to express support of public policies that promote outdoor activities for Michigan’s children.

(For text of resolution, see House Journal No. 4, p. 40.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Sheltrown, Slezak, Ebli, Huckleberry, LeBlanc, Lindberg, Stanley, Stamas, Hansen and Horn

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, February 9, 2010

Present: Reps. Sheltrown, Slezak, Ebli, Huckleberry, LeBlanc, Lindberg, Stanley, Stamas, Hansen and Horn

Absent: Rep. Bolger

Excused: Rep. Bolger

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 9, 2010

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

Absent: Reps. Johnson, Lipton, Melton, Crawford and Proos

Excused: Reps. Johnson, Lipton, Melton, Crawford and Proos

Messages from the Senate

House Bill No. 4723, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 3 (MCL 125.2683), as amended by 2008 PA 217, and by adding section 8g.

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.

House Bill No. 4724, entitled

A bill to provide for certain duties of certain state agencies.

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.

Senate Bill No. 794, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1084.

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. 795, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 219, 303, 625n, 732a, and 904d (MCL 257.219, 257.303, 257.625n, 257.732a, and 257.904d), section 219 as amended by 2005 PA 317, sections 303, 732a, and 904d as amended by 2008 PA 463, and section 625n as amended by 2008 PA 539, and by adding section 304.

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. 1001, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 1982 PA 438.

The Senate has passed the bill.

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

Senate Bill No. 1071, entitled

A bill to amend 1994 PA 204, entitled “The children’s ombudsman act,” by amending section 10 (MCL 722.930), as amended by 2004 PA 560.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Transportation from further consideration of Senate Bill No. 199.

Rep. Opsommer

Messages from the Governor

Date: February 5, 2010

Time: 1:20 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5626 (Public Act No. 4, I.E.), being

An act to amend 1981 PA 80, entitled “An act to authorize certain cities and counties to issue general obligation bonds or obligations to fund an operating deficit or projected operating deficit; to prescribe the powers and duties of the state administrative board; to provide for the levy of ad valorem property taxes to pay the principal and interest on the bonds or obligations; to prescribe certain conditions related to the bonds or obligations; and to provide remedies for enforcement of this act,” by amending the title and sections 3, 4, 8, and 9 (MCL 141.1003, 141.1004, 141.1008, and 141.1009), the title and sections 3, 8, and 9 as amended by 1987 PA 279 and section 4 as amended by 2002 PA 444.

(Filed with the Secretary of State February 5, 2010, at 1:33 p.m.)

Introduction of Bills

Rep. Lori introduced

House Bill No. 5784, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 328a.

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

Rep. Geiss introduced

House Bill No. 5785, entitled

A bill to amend 1989 PA 257, entitled “An act to regulate the activities of businesses engaged in the cleaning, repair, alteration, or storage of clothing and certain other articles; to provide for the disposition of those articles that are unclaimed; and to repeal certain acts and parts of acts,” by amending sections 3, 5, 9, and 11 (MCL 445.1753, 445.1755, 445.1759, and 445.1761).

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

Reps. Caul, Ball, Booher, Walsh, Hildenbrand, Liss, Schuitmaker, Meekhof, Rogers, Calley, Sheltrown, Wayne Schmidt, Moore and Terry Brown introduced

House Bill No. 5786, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding sections 7mm and 9m.