No. 57
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2010
House Chamber, Lansing, Wednesday, June 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—present Rocca—present
Barnett—present Geiss—present Lemmons—present Rogers—present
Bauer—present Genetski—present Lindberg—present Schmidt, R.—present
Bennett—excused Gonzales—present Lipton—present Schmidt, W.—present
Bledsoe—present Green—present Liss—present Schuitmaker—present
Bolger—present Gregory—present Lori—present Scott, B.—present
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
Crawford—present Jackson—e/d/s Moore—present Switalski—present
Cushingberry—present Johnson—present Moss—present Tlaib—present
Daley—present Jones, Rick—present Nathan—present Tyler—present
Dean—present Jones, Robert—present Nerat—present Valentine—present
Denby—present Kandrevas—present Neumann—present Walsh—present
DeShazor—present Kennedy—present Opsommer—present Warren—present
Dillon—present Knollenberg—present Pavlov—present Womack—present
Donigan—present Kowall—present Pearce—present Young—present
e/d/s = entered during session
Rep. Brian N. Calley, from the 87th District, offered the following invocation:
“Lord, this state needs You now. Help us to return to the beginning, to the first day of this nation, when we called You the Creator. When we acknowledged that our unalienable rights of Life, Liberty and the Pursuit of Happiness, come from You. I Corinthians 16:9: ‘For a great door and effectual is opened unto me,’ and, Lord, that is so true for everyone in this room and for the citizens of this state. But walking through that door does not promise us a parade on the other side, for the second part of that verse says, ‘and there are many adversaries.’ Give us courage to face down those adversaries. Give us the strength to overcome them and we will give You the Glory. In Jesus’ name, Amen.”
______
Rep. Angerer moved that Rep. Bennett be excused from today’s session.
The motion prevailed.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 187.
A resolution to express support for active transportation infrastructure options that promote walking and bicycle usage and reduce childhood obesity.
(For text of resolution, see House Journal No. 105 of 2009, p. 2407.)
(The resolution was reported by the Committee on Transportation on May 27.)
The question being on the adoption of the resolution,
The resolution was adopted.
The Speaker laid before the House
House Concurrent Resolution No. 34.
A concurrent resolution to express support for active transportation infrastructure options that promote walking and bicycle usage and reduce childhood obesity.
(For text of concurrent resolution, see House Journal No. 105 of 2009, p. 2409.)
(The concurrent resolution was reported by the Committee on Transportation on May 27.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Third Reading of Bills
House Bill No. 5889, entitled
A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2011; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.
(The bill was read a third time and postponed for the day on March 25, see House Journal No. 31, p. 462.)
The question being on the passage of the bill,
Rep. Agema moved to amend the bill as follows:
1. Amend page 9, line 7, by striking out “551,352,700” and inserting “564,192,700”.
2. Amend page 9, line 8, by striking out “307,403,800” and inserting “314,563,800”.
3. Amend page 9, line 9, by striking out “1,468,944,100” and inserting “1,488,944,100”.
4. Amend page 9, line 17, by striking out “894,756,500” and inserting “914,756,500” and adjusting the subtotals, totals, and section 201 accordingly.
5. Amend page 34, following line 15, by inserting:
“Sec. 505. The appropriation to county road commissions and cities and villages in part 1 includes the recognition of $20,000,000.00 to be redirected from the 21st century jobs fund to the Michigan transportation fund for distribution to county road commissions and cities and villages in accordance with the provision of 1951 PA 51.”.
The motion was seconded and the amendments were not adopted, a majority of the members serving not voting therefor.
The question being on the passage of the bill,
Rep. Moss moved to amend the bill as follows:
1. Amend page 19, following line 12, by inserting:
“Sec. 236. (1) The department shall provide a detailed monthly spending report to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director if the department was found to have exceeded its spending authority in the immediately preceding fiscal year.
(2) The monthly report shall be provided by the department director no later than the 15th day of each month and shall innumerate all expenditures made in the previous month. This report shall be provided to the senate and house appropriations committees though testimony delivered under oath.”.
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,
Rep. Gonzales moved to substitute (H-5) the bill.
The motion was seconded and the substitute (H-5) was adopted, a majority of the members serving 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. 249 Yeas—59
Angerer Ebli Leland Scott, B.
Barnett Espinoza Lemmons Segal
Bauer Geiss Lipton Sheltrown
Bledsoe Gonzales Liss Slavens
Brown, L. Gregory Mayes Slezak
Brown, T. Griffin McDowell Smith
Byrum Haase Meadows Spade
Clemente Hammel Melton Stanley
Constan Haugh Miller Switalski
Corriveau Huckleberry Nathan Tlaib
Cushingberry Johnson Nerat Valentine
Dean Jones, Robert Neumann Warren
Dillon Kandrevas Polidori Womack
Donigan Kennedy Roberts Young
Durhal LeBlanc Schmidt, R.
Nays—47
Agema Elsenheimer Lahti Pearce
Amash Genetski Lindberg Proos
Ball Green Lori Rocca
Bolger Haines Lund Rogers
Booher Hansen Marleau Schmidt, W.
Byrnes Haveman McMillin Schuitmaker
Calley Hildenbrand Meekhof Scott, P.
Caul Horn Meltzer Scripps
Crawford Jones, Rick Moore Stamas
Daley Knollenberg Moss Tyler
Denby Kowall Opsommer Walsh
DeShazor Kurtz Pavlov
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Melton moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Schuitmaker, 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:
This bill takes money from the general fund to spend on roads, but it fails to identify where in the general fund the money is actually going to come from.
Roads are absolutely a priority, but so is having a balanced budget. It is utterly irresponsible to spend money that the state does not have on the hopes that funds will be found later. These types of short-sighted decisions are setting the stage for yet another budget crisis and yet another tax hike.
For these reasons, I cannot support this bill at this time.”
Second Reading of Bills
House Bill No. 6129, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 15a (MCL 125.2665a), as added by 2008 PA 154.
The bill was read a second time.
Rep. Roy Schmidt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Melton 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. 6129, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 15a (MCL 125.2665a), as added by 2008 PA 154.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 250 Yeas—85
Angerer Ebli Kurtz Rocca
Ball Espinoza Lahti Schmidt, R.
Barnett Geiss LeBlanc Schmidt, W.
Bauer Gonzales Leland Scott, B.
Bledsoe Green Lemmons Scripps
Booher Gregory Lindberg Segal
Brown, L. Griffin Lipton Sheltrown
Brown, T. Haase Liss Slavens
Byrnes Haines Lori Slezak
Byrum Hammel Lund Smith
Calley Haugh Mayes Spade
Caul Haveman McDowell Stamas
Clemente Hildenbrand Meadows Stanley
Constan Horn Melton Switalski
Corriveau Huckleberry Moss Tlaib
Crawford Johnson Nathan Tyler
Cushingberry Jones, Rick Nerat Valentine
Dean Jones, Robert Neumann Walsh
Denby Kandrevas Pearce Warren
Dillon Kennedy Polidori Womack
Donigan Knollenberg Roberts Young
Durhal
Nays—21
Agema Genetski Meekhof Pavlov
Amash Hansen Meltzer Proos
Bolger Kowall Miller Rogers
Daley Marleau Moore Schuitmaker
DeShazor McMillin Opsommer Scott, P.
Elsenheimer
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Melton 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. 6203, entitled
A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending sections 2 and 16 (MCL 125.2782 and 125.2796), section 2 as amended by 2006 PA 70.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on New Economy and Quality of Life,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Clemente moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Melton 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. 6203, entitled
A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending sections 2 and 16 (MCL 125.2782 and 125.2796), section 2 as amended by 2006 PA 70.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 251 Yeas—91
Angerer Espinoza LeBlanc Roberts
Ball Geiss Leland Rocca
Barnett Gonzales Lemmons Schmidt, R.
Bauer Green Lindberg Schmidt, W.
Bledsoe Gregory Lipton Scott, B.
Booher Griffin Liss Scripps
Brown, L. Haase Lori Segal
Brown, T. Haines Lund Sheltrown
Byrnes Hammel Mayes Slavens
Byrum Hansen McDowell Slezak
Calley Haugh Meadows Smith
Caul Haveman Melton Spade
Clemente Hildenbrand Meltzer Stamas
Constan Horn Miller Stanley
Corriveau Huckleberry Moore Switalski
Crawford Johnson Moss Tlaib
Cushingberry Jones, Rick Nathan Tyler
Dean Jones, Robert Nerat Valentine
Denby Kandrevas Neumann Walsh
Dillon Kennedy Pavlov Warren
Donigan Knollenberg Pearce Womack
Durhal Kurtz Polidori Young
Ebli Lahti Proos
Nays—15
Agema DeShazor Marleau Rogers
Amash Elsenheimer McMillin Schuitmaker
Bolger Genetski Meekhof Scott, P.
Daley Kowall Opsommer
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Melton moved to amend the title to read as follows:
A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending sections 6 and 16 (MCL 125.2786 and 125.2796).
The motion prevailed.
The House agreed to the title as amended.
Rep. Melton moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Jackson entered the House Chambers.
Second Reading of Bills
House Bill No. 4556, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 675d (MCL 257.675d), as amended by 2008 PA 171.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Green moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Melton 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. 4556, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 675d (MCL 257.675d), as amended by 2008 PA 171.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 252 Yeas—103
Agema Ebli Lahti Proos
Amash Elsenheimer LeBlanc Roberts
Angerer Espinoza Leland Rogers
Ball Geiss Lemmons Schmidt, R.
Barnett Genetski Lindberg Schmidt, W.
Bauer Gonzales Lipton Schuitmaker
Bledsoe Green Liss Scott, B.
Booher Gregory 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
Crawford Jackson Moore Switalski
Cushingberry 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
Durhal Kurtz Polidori
Nays—4
Bolger Griffin Miller Rocca
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Melton 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. 1153, 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, 2011; 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. Smith moved to amend the bill as follows:
1. Amend page 18, line 2, after “professionals,” by inserting “pharmacists, pharmacy technicians,”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Proos moved to amend the bill as follows:
1. Amend page 6, line 8, by striking out “100” and inserting “(320,000,000)” and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 30, following line 19, by inserting:
“Sec. 233. (1) The negative appropriation in part 1 for inmate housing fund represents correctional cost savings of $320,000,000 which roughly equates to an $7,111.00 reduction in the department’s annual cost per prisoner to place Michigan in line with the average cost per prisoner of comparable states and shall be satisfied by cost savings realized through departmental savings and efficiencies directly or indirectly affecting its cost per offender.
(2) Appropriation authorization adjustments required due to negative appropriations for correctional cost savings shall be made only after the approval of transfers by the legislature under section 393 of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) By March 1, 2011, the department shall report to the senate and house of representatives appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the status of actions taken to meet the savings identified in this section.”.
The question being on the adoption of the amendments offered by Proos,
Rep. Proos demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Proos,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 253 Yeas—43
Agema Elsenheimer Kurtz Pearce
Amash Genetski Lori Proos
Ball Green Lund Rocca
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 Pavlov
Nays—64
Angerer Ebli LeBlanc Schmidt, R.
Barnett Espinoza Leland Scott, B.
Bauer Geiss Lemmons Scripps
Bledsoe Gonzales Lindberg Segal
Brown, L. Gregory Lipton Sheltrown
Brown, T. Griffin Liss Slavens
Byrnes Haase Mayes Slezak
Byrum Hammel McDowell Smith
Clemente Haugh Meadows Spade
Constan Huckleberry Melton Stanley
Corriveau Jackson Miller Switalski
Cushingberry Johnson Nathan Tlaib
Dean Jones, Robert Nerat Valentine
Dillon Kandrevas Neumann Warren
Donigan Kennedy Polidori Womack
Durhal Lahti Roberts Young
In The Chair: Byrnes
Rep. Proos moved to amend the bill as follows:
1. Amend page 12, following line 21, by inserting:
“Sec. 112. CORRECTIONS COST SAVINGS
Corrections cost savings............................................................................................................... $ (68,800,000)
GROSS APPROPRIATION.......................................................................................................... $ (68,800,000)
Appropriated from:
Special revenue funds:
State general fund/general purpose.............................................................................................. $ (68,800,000)”
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 30, following line 19, by inserting:
“Sec. 233. (1) The negative appropriation in part 1 for correctional cost savings of $68,800,000.00 represents the identified employee economic increases for salaries and wages, insurance, and retirement in sections 106, 107, 108, 109, and 110 of part 1 that directly impact and increase the cost per prisoner per day for an average prisoner population of 45,000 by $4.19 over the appropriations under 2009 PA 114 for the same functions for the fiscal year ending September 30, 2010, and expresses the directive of the legislature that the department identify savings to offset the effect of those employee economic increases.
(2) Appropriation authorization adjustments required due to negative appropriations for correctional cost savings shall be made only after the approval of transfers by the legislature under section 393 of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) By March 1, 2011, the department shall report to the senate and house of representatives appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the status of actions taken to meet the savings identified in this section.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Proos moved to amend the bill as follows:
1. Amend page 12, following line 21, by inserting:
“Sec. 112. CORRECTIONS COST SAVINGS
Corrections cost savings............................................................................................................... $ (46,689,200)
GROSS APPROPRIATION.......................................................................................................... $ (46,689,200)
Appropriated from:
Special revenue funds:
State general fund/general purpose.............................................................................................. $ (46,689,200)”
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 30, following line 19, by inserting:
“Sec. 233. (1) The negative appropriation in part 1 for correctional cost savings of $46,689,200.00 represents the identified employee economic increases for salaries and wages, insurance, and retirement in sections 106, 107, 108, 109, and 110 of part 1 that are directly attributable to the 3% classified civil service pay raise and that directly impact and increase the cost per prisoner per day for an average prisoner population of 45,000 by $2.84 over the appropriations under 2009 PA 114 for the same functions for the fiscal year ending September 30, 2010, and expresses the directive of the legislature that the department identify savings to offset the effect of those employee economic increases.
(2) Appropriation authorization adjustments required due to negative appropriations for correctional cost savings shall be made only after the approval of transfers by the legislature under section 393 of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) By March 1, 2011, the department shall report to the senate and house of representatives appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the status of actions taken to meet the savings identified in this section.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Moss moved to amend the bill as follows:
1. Amend page 32, following line 7, by inserting:
“Sec. 236. (1) The department shall provide a detailed monthly spending report to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director if the department was found to have exceeded its spending authority in the immediately preceding fiscal year.
(2) The monthly report shall be provided by the department director no later than the 15th day of each month and shall innumerate all expenditures made in the previous month. This report shall be provided to the senate and house appropriations committees through testimony delivered under oath.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Melton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Melton 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. 1153, 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, 2011; 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 254 Yeas—63
Angerer Ebli LeBlanc Scott, B.
Barnett Espinoza Leland Scripps
Bauer Geiss Lemmons Segal
Bledsoe Gonzales Lindberg Sheltrown
Brown, L. Gregory Lipton Slavens
Brown, T. Griffin Liss Slezak
Byrnes Haase Mayes Smith
Byrum Hammel McDowell Spade
Clemente Haugh Meadows Stanley
Constan Huckleberry Melton Switalski
Corriveau Jackson Nathan Tlaib
Cushingberry Johnson Nerat Valentine
Dean Jones, Robert Neumann Warren
Dillon Kandrevas Polidori Womack
Donigan Kennedy Roberts Young
Durhal Lahti Schmidt, R.
Nays—44
Agema Elsenheimer Kurtz Pavlov
Amash Genetski Lori Pearce
Ball Green Lund Proos
Bolger Haines Marleau Rocca
Booher Hansen McMillin Rogers
Calley Haveman Meekhof Schmidt, W.
Caul Hildenbrand Meltzer Schuitmaker
Crawford Horn Miller Scott, P.
Daley Jones, Rick Moore Stamas
Denby Knollenberg Moss Tyler
DeShazor Kowall Opsommer Walsh
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Melton 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. Melton moved that Rule 41 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Melton 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. Agema, Genetski, Kurtz, Moore, Crawford, McMillin, Walsh, Bolger, Haveman, Booher, Meekhof, Hildenbrand, Calley, Proos, Tyler, Paul Scott, Meltzer, Rick Jones, Moss, Marleau, Lund, Caul, Daley, Horn, Pavlov and Rogers offered the following resolution:
House Resolution No. 295.
A resolution to express support for Arizona’s new legislation regarding immigration and to oppose any boycott of Arizona businesses.
Whereas, The state of Arizona has recently taken action in response to problems its citizens face as the result of illegal immigration. The strong reaction in some quarters to Arizona’s enactment of a measure to require law enforcement personnel to take action reflects a lack of full appreciation of the ineffectiveness of federal immigration laws and policies to safeguard our border; and
Whereas, The United States is in the midst of a major wave of immigration. Unlike other periods of high immigration in our nation’s history, the newcomers to this country in recent years include a very large percentage of illegal immigrants. In spite of the fact that there have been calls for federal action for many years to deal with illegal immigration, very few effective steps have been taken until now. Arizona’s action demonstrates a sensitivity to the public’s concerns about safety, as well as economic and other issues; and
Whereas, Arizona’s location, on the front lines of the immigration issue, makes this entire matter much more than the theoretical debate it can become elsewhere in the country. When she signed the law, which requires police personnel to make a reasonable attempt to determine a person’s immigration status when there is reasonable suspicion, Arizona Governor Jan Brewer addressed concerns about racial profiling and called for proper training to prevent it from occurring; and
Whereas, Arizona’s actions may yet propel the federal government to step up to its responsibilities at long last. Calls for boycotts or other actions toward Arizona do not reflect the realities of immigration, the needs of the people of Arizona, or the will of the American people; now, therefore, be it
Resolved by the House of Representatives, That we express support for Arizona’s new legislation regarding immigration and oppose any boycott of Arizona businesses; and be it further
Resolved, That copies of this resolution be transmitted to the Governor of Arizona.
The resolution was referred to the Committee on Judiciary.
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 Wednesday, June 9:
House Bill Nos. 6237 6238 6239 6240 6241 6242 6243
Senate Bill Nos. 1371 1372 1373 1374 1375 1376 1377 1378
The Clerk announced that the following Senate bill had been received on Wednesday, June 9:
Senate Bill No. 1343
Reports of Standing Committees
The Committee on Ethics and Elections, by Rep. Angerer, Chair, reported
House Bill No. 6163, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2912i.
With the recommendation that the bill be referred to the Committee on Judiciary.
Favorable Roll Call
To Report Out:
Yeas: Reps. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer and Kurtz
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Judiciary.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Angerer, Chair, of the Committee on Ethics and Elections, was received and read:
Meeting held on: Wednesday, June 9, 2010
Present: Reps. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer and Kurtz
Absent: Rep. Pearce
Excused: Rep. Pearce
The Committee on Tax Policy, by Rep. Ebli, Chair, reported
House Bill No. 6175, 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.
With the recommendation that the bill be referred to the Committee on Health Policy.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ebli, Melton, Barnett, Robert Jones, Kandrevas, Lipton, Mayes, Meadows, Slezak, Warren, Calley, Kowall, Lund, Meekhof, Stamas and Walsh
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Health Policy.
The Committee on Tax Policy, by Rep. Ebli, Chair, reported
House Bill No. 6176, entitled
A bill to establish the American Red Cross Michigan 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.
With the recommendation that the bill be referred to the Committee on Health Policy.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ebli, Melton, Barnett, Robert Jones, Kandrevas, Lipton, Mayes, Meadows, Slezak, Warren, Calley, Kowall, Lund, Meekhof, Stamas and Walsh
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Health Policy.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ebli, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, June 9, 2010
Present: Reps. Ebli, Melton, Barnett, Robert Jones, Kandrevas, Lipton, Mayes, Meadows, Slezak, Warren, Calley, Kowall, Lund, Meekhof, Meltzer, Stamas and Walsh
The Committee on Regulatory Reform, by Rep. Johnson, Chair, reported
Senate Bill No. 470, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 1029.
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. Johnson, Haugh, Byrnes, Stanley, Switalski, Crawford, Rick Jones and Stamas
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Johnson, Chair, of the Committee on Regulatory Reform, was received and read:
Meeting held on: Wednesday, June 9, 2010
Present: Reps. Johnson, Haugh, Byrnes, Stanley, Switalski, Crawford, Rick Jones and Stamas
Absent: Reps. Melton, Bettie Scott and Rocca
Excused: Reps. Melton, Bettie Scott and Rocca
The Committee on Agriculture, by Rep. Huckleberry, Chair, reported
House Bill No. 5280, entitled
A bill to amend 2000 PA 92, entitled “Food law of 2000,” by amending sections 1105 and 1109 (MCL 289.1105 and 289.1109), section 1105 as amended by 2008 PA 338 and section 1109 as amended by 2007 PA 113, and by adding section 4102.
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. Huckleberry, Mayes, Barnett, Griffin, Haase, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz
Nays: None
The Committee on Agriculture, by Rep. Huckleberry, Chair, reported
House Bill No. 5837, entitled
A bill to amend 2000 PA 92, entitled “Food law of 2000,” by amending sections 1105 and 1109 (MCL 289.1105 and 289.1109), section 1105 as amended by 2008 PA 338 and section 1109 as amended by 2007 PA 113, and by adding section 4102.
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. Huckleberry, Mayes, Barnett, Griffin, Haase, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz
Nays: None
The Committee on Agriculture, by Rep. Huckleberry, Chair, reported
House Bill No. 5843, entitled
A bill to amend 2000 PA 92, entitled “Food law of 2000,” by amending section 4105 (MCL 289.4105), as amended by 2007 PA 113.
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. Huckleberry, Mayes, Barnett, Griffin, Haase, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Huckleberry, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Wednesday, June 9, 2010
Present: Reps. Huckleberry, Mayes, Barnett, Griffin, Haase, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz
The Committee on Judiciary, by Rep. Meadows, Chair, reported
House Bill No. 5175, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding sections 1060, 1060a, 1060b, 1062, 1064, 1066, 1068, and 1070.
With the recommendation that the substitute (H-4) 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. Meadows, Lipton, Lisa Brown, Byrnes, Constan, Kandrevas, Schuitmaker and Kowall
Nays: None
The Committee on Judiciary, by Rep. Meadows, Chair, reported
House Bill No. 5482, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding sections 1060c and 1072.
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. Meadows, Lipton, Lisa Brown, Byrnes, Constan, Kandrevas, Schuitmaker and Kowall
Nays: None
The Committee on Judiciary, by Rep. Meadows, Chair, reported
House Bill No. 5483, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2001 PA 211, and by adding section 18s.
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. Meadows, Lipton, Lisa Brown, Byrnes, Constan, Kandrevas, Schuitmaker and Kowall
Nays: None
The Committee on Judiciary, by Rep. Meadows, Chair, reported
House Bill No. 5484, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712A.32) by adding section 18r to chapter XIIA.
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. Meadows, Lipton, Lisa Brown, Byrnes, Constan, Kandrevas, Schuitmaker and Kowall
Nays: None
The Committee on Judiciary, by Rep. Meadows, Chair, reported
House Bill No. 5485, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2001 PA 211.
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. Meadows, Lipton, Lisa Brown, Byrnes, Constan, Kandrevas, Schuitmaker and Kowall
Nays: None
The Committee on Judiciary, by Rep. Meadows, Chair, reported
House Bill No. 5486, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712A.32) by adding section 18q to chapter XIIA.
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. Meadows, Lipton, Lisa Brown, Byrnes, Constan, Kandrevas, Schuitmaker and Kowall
Nays: None
The Committee on Judiciary, by Rep. Meadows, Chair, reported
House Bill No. 5487, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712A.32) by adding section 18n to chapter XIIA.
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. Meadows, Lipton, Lisa Brown, Constan, Kandrevas, Schuitmaker, Amash and Kowall
Nays: Rep. Byrnes
The Committee on Judiciary, by Rep. Meadows, Chair, reported
House Bill No. 5488, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712A.32) by adding section 18o to chapter XIIA.
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. Meadows, Lipton, Lisa Brown, Byrnes, Constan, Kandrevas, Schuitmaker and Kowall
Nays: None
The Committee on Judiciary, by Rep. Meadows, Chair, reported
House Bill No. 5489, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712A.32) by adding section 18p to chapter XIIA.
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. Meadows, Lipton, Lisa Brown, Byrnes, Constan, Kandrevas, Schuitmaker and Kowall
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meadows, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, June 9, 2010
Present: Reps. Meadows, Lipton, Lisa Brown, Byrnes, Constan, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca
Absent: Rep. Corriveau
Excused: Rep. Corriveau
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Clemente, Chair, of the Committee on New Economy and Quality of Life, was received and read:
Meeting held on: Wednesday, June 9, 2010
Present: Reps. Clemente, Stanley, Byrnes, Geiss, Griffin, Leland, Segal, Knollenberg, Bolger, Denby and Tyler
Notices
Pursuant to Rule 41 as suspended, the Speaker has made the following reassignments:
Senate Bill No. 1085 referred to the Committee on Labor on June 9, 2010.
Senate Bill No. 1086 referred to the Committee on Labor on June 9, 2010.
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of House Bill No. 5882.
Rep. Angerer
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 6135, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 33b (MCL 791.233b), as amended by 1994 PA 217.
The Senate has passed the bill by a 3/4 vote, 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. 6136, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2006 PA 574.
The 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. 6137, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 171 (MCL 750.171).
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. 1343, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 434 (MCL 208.1434), as amended by 2009 PA 240.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.
Introduction of Bills
Rep. Moore introduced
House Bill No. 6244, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 48703 (MCL 324.48703), as amended by 2008 PA 291.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Reps. Clemente and Griffin introduced
House Bill No. 6245, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 15a (MCL 125.1415a), as amended by 1994 PA 363, and by adding section 18.
The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.
Rep. Angerer introduced
House Bill No. 6246, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 322 (MCL 168.322), as amended by 2003 PA 302.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Rep. Angerer introduced
House Bill No. 6247, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 4 (MCL 168.4), as amended by 2003 PA 302.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Rep. Donigan introduced
House Bill No. 6248, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 642a (MCL 168.642a), as amended by 2005 PA 71.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Rep. Donigan introduced
House Bill No. 6249, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 381 (MCL 168.381), as amended by 2006 PA 122.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Rep. Genetski introduced
House Bill No. 6250, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3406q (MCL 500.3406q), as amended by 2003 PA 88.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Lahti, McDowell, Lindberg, Nerat, Smith, Hammel and Neumann introduced
House Bill No. 6251, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 1 (MCL 125.1651), as amended by 2008 PA 225.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Reps. Liss, Constan, Slavens and Geiss introduced
House Bill No. 6252, entitled
A bill to amend 1999 PA 276, entitled “Banking code of 1999,” (MCL 487.11101 to 487.15105) by adding section 4103b.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Reps. Melton, Johnson and Womack introduced
House Bill No. 6253, entitled
A bill to amend 1990 PA 72, entitled “Local government fiscal responsibility act,” by amending section 21 (MCL 141.1221), as amended by 2003 PA 282.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Reps. Womack, Melton and Johnson introduced
House Bill No. 6254, entitled
A bill to amend 1990 PA 72, entitled “Local government fiscal responsibility act,” by amending section 18 (MCL 141.1218).
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Reps. Johnson, Melton and Womack introduced
House Bill No. 6255, entitled
A bill to amend 1990 PA 72, entitled “Local government fiscal responsibility act,” by amending section 20 (MCL 141.1220).
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
______
Rep. Lindberg moved that the House adjourn.
The motion prevailed, the time being 4:05 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, June 10, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives
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