No. 82
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2010
House Chamber, Lansing, Wednesday, September 22, 2010.
10:00 a.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 Proos—present
Amash—present Ebli—present Lahti—present Roberts—present
Angerer—present Elsenheimer—present LeBlanc—present Rocca—present
Ball—present Espinoza—present Leland—present Rogers—present
Barnett—present Geiss—present Lemmons—present Schmidt, R.—present
Bauer—present Genetski—present Lindberg—present Schmidt, W.—present
Bennett—present Gonzales—present Lipton—present Schuitmaker—present
Bledsoe—present Green—present Liss—present Scott, B.—excused
Bolger—present Gregory—present Lori—present Scott, P.—present
Booher—present Griffin—present Lund—present Scripps—present
Brown, L.—present Haase—present Marleau—present Segal—present
Brown, T.—present Haines—present Mayes—present Sheltrown—present
Byrnes—present Hammel—present McDowell—present Slavens—present
Byrum—present Hansen—present McMillin—present Slezak—present
Calley—present Haugh—present Meadows—present Smith—present
Caul—present Haveman—present Meekhof—present Spade—present
Clemente—present Hildenbrand—present Melton—present Stamas—present
Constan—present Horn—present Meltzer—present Stanley—present
Corriveau—present Huckleberry—present Miller—present Switalski—present
Crawford—present Jackson—present Moss—present Tlaib—present
Cushingberry—present Johnson—present Nathan—present Tyler—present
Daley—present Jones, Rick—present Nerat—present Valentine—present
Dean—present Jones, Robert—present Neumann—present Walsh—present
Denby—present Kandrevas—present Opsommer—present Warren—present
DeShazor—present Kennedy—present Pavlov—present Womack—present
Dillon—present Knollenberg—present Pearce—present Young—present
Donigan—present Kowall—present Polidori—present
e/d/s = entered during session
Rep. Gail Haines, from the 43rd District, offered the following invocation:
“Good and gracious God, we lift up our praises to You and thank You for bringing us together this day.
We give You thanks for this lovely Autumn weather, the glorious sunshine and rain, as these good things come from Your loving hands.
Let us show our respect for one another and treat one another as You have taught us.
Let us be ever mindful of Your will.
Lord, we remember those who serve in our Armed Forces and those who have sacrificed their lives for us. We pray for those overseas and separated from their loved ones that they find strength in You.
Let us be ever mindful of the cost of freedom.
As we stand before You today, we ask that You give us determination to defend the principles of freedom, love and tolerance, strength to protect the innocent, and clarity of vision to guide the state towards economic prosperity, justice, and peace.
Let us be ever mindful of our mission to serve You.
Bless us each with Your never-ending love and grace.
In Your precious name we pray. Amen.”
______
Rep. Angerer moved that Rep. Bettie Scott be excused from today’s session.
The motion prevailed.
______
Rep. Angerer moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
Reports of Select Committees
The Speaker laid before the House the conference report relative to
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.
(The conference report was received from the Senate on September 21, consideration of which, under the rules, was postponed until today.)
(For conference report, see House Journal No. 81, p. 1497.)
The question being on the adoption of the conference report,
The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 399 Yeas—64
Angerer Durhal Lahti Roberts
Barnett Ebli LeBlanc Schmidt, R.
Bauer Espinoza Leland Scripps
Bennett 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 Miller Tlaib
Cushingberry Johnson Nathan Valentine
Dean Jones, Robert Nerat Warren
Dillon Kandrevas Neumann Womack
Donigan Kennedy Polidori Young
Nays—42
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 Moss Stamas
Daley Jones, Rick Opsommer Tyler
Denby Knollenberg Pavlov Walsh
DeShazor Kowall
In The Chair: Byrnes
Second Reading of Bills
House Bill No. 6042, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7333b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Agriculture,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Daley moved to substitute (H-2) the bill.
The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Rick Jones moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6042, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7333b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 400 Yeas—92
Angerer Ebli Lahti Roberts
Ball Elsenheimer LeBlanc Rocca
Barnett Espinoza Leland Rogers
Bauer Geiss Lemmons Schmidt, R.
Bledsoe Gonzales Lindberg Schmidt, W.
Bolger Green Lipton Schuitmaker
Booher Gregory Liss Scott, P.
Brown, L. Griffin Lund Scripps
Brown, T. Haase Marleau Segal
Byrnes Haines Mayes Sheltrown
Byrum Hammel McDowell Slavens
Calley Hansen Meadows Slezak
Clemente Haugh Melton Smith
Constan Hildenbrand Meltzer Spade
Corriveau Huckleberry Miller Stanley
Crawford Jackson Moss Switalski
Cushingberry Johnson Nathan Tlaib
Dean Jones, Rick Nerat Tyler
Denby Jones, Robert Neumann Valentine
DeShazor Kandrevas Opsommer Walsh
Dillon Kennedy Pavlov Warren
Donigan Knollenberg Polidori Womack
Durhal Kowall Proos Young
Nays—14
Agema Daley Kurtz Meekhof
Amash Genetski Lori Pearce
Bennett Haveman McMillin Stamas
Caul Horn
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. Angerer moved that Rep. Gregory be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 884, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 31 (MCL 205.31), as amended by 2002 PA 657.
The Senate has amended the House substitute (H-3) as follows:
1. Amend page 4, following line 18, by striking out all of subsection (6) and renumbering the remaining subsections.
The Senate has concurred in the House substitute (H-3) as amended, ordered that the bill be given immediate effect and agreed to the title as amended.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Angerer moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment to the House substitute (H-3) made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 401 Yeas—57
Angerer Donigan Kandrevas Roberts
Barnett Durhal Kennedy Schmidt, R.
Bauer Ebli LeBlanc Scripps
Bennett Espinoza Leland Segal
Bledsoe Geiss Lemmons Sheltrown
Brown, L. Gonzales Lindberg Slavens
Brown, T. Griffin Lipton Smith
Byrnes Haase Liss Stanley
Byrum Hammel McDowell Switalski
Clemente Haugh Meadows Tlaib
Constan Huckleberry Miller Valentine
Corriveau Jackson Nathan Warren
Cushingberry Johnson Nerat Womack
Dean Jones, Robert Polidori Young
Dillon
Nays—48
Agema Genetski Lori Pearce
Amash Green Lund Proos
Ball Haines Marleau Rocca
Bolger Hansen Mayes Rogers
Booher Haveman McMillin Schmidt, W.
Calley Hildenbrand Meekhof Schuitmaker
Caul Horn Melton Scott, P.
Crawford Jones, Rick Meltzer Slezak
Daley Knollenberg Moss Spade
Denby Kowall Neumann Stamas
DeShazor Kurtz Opsommer Tyler
Elsenheimer Lahti Pavlov Walsh
In The Chair: Byrnes
Second Reading of Bills
House Bill No. 6043, entitled
A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-7) previously recommended by the Committee on Agriculture,
The substitute (H-7) was adopted, a majority of the members serving voting therefor.
Rep. Daley moved to substitute (H-5) the bill.
The motion did not prevail and the substitute (H-5) was 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.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6043, entitled
A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 402 Yeas—91
Angerer Ebli LeBlanc Rocca
Ball Elsenheimer Leland Rogers
Barnett Espinoza Lemmons Schmidt, R.
Bauer Geiss Lindberg Schmidt, W.
Bledsoe Gonzales Lipton Schuitmaker
Bolger Green Liss Scott, P.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Slavens
Byrum Hansen Meadows Slezak
Calley Haugh Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Huckleberry Miller Stanley
Corriveau Jackson Moss Switalski
Crawford Johnson Nathan Tlaib
Cushingberry Jones, Rick Nerat Tyler
Dean Jones, Robert Neumann Valentine
Denby Kandrevas Opsommer Walsh
DeShazor Kennedy Pavlov Warren
Dillon Knollenberg Polidori Womack
Donigan Kowall Proos Young
Durhal Lahti Roberts
Nays—14
Agema Daley Kurtz Meekhof
Amash Genetski Lori Pearce
Bennett Haveman McMillin Stamas
Caul Horn
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Dean 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. 5287, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 750 (MCL 257.750), as amended by 1988 PA 446.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 32, p. 494),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. LeBlanc moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean 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. 5287, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 750 (MCL 257.750), as amended by 1988 PA 446.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 403 Yeas—103
Agema Durhal Kurtz Proos
Amash 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, P.
Bolger Griffin Lori Scripps
Booher Haase Lund Segal
Brown, L. Haines Marleau Sheltrown
Brown, T. Hammel Mayes Slavens
Byrnes Hansen McDowell Slezak
Byrum Haugh McMillin Smith
Calley Haveman Meadows Spade
Caul Hildenbrand Meekhof Stamas
Clemente Horn Melton Stanley
Constan Huckleberry Miller Switalski
Corriveau Jackson Moss Tlaib
Crawford Johnson Nathan Tyler
Cushingberry Jones, Rick Nerat Valentine
Daley Jones, Robert Neumann Walsh
Dean Kandrevas Opsommer Warren
DeShazor Kennedy Pavlov Womack
Dillon Knollenberg Pearce Young
Donigan Kowall Polidori
Nays—2
Denby Meltzer
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Agema, Bledsoe, Lisa Brown, Terry Brown, Clemente, Corriveau, Dean, Geiss, Genetski, Gonzales, Griffin, Hildenbrand, Huckleberry, Rick Jones, Robert Jones, Kennedy, Leland, Liss, Marleau, Mayes, Meadows, Melton, Nathan, Rocca, Segal, Sheltrown, Slavens, Spade, Switalski, Tlaib, Valentine and Walsh were named co‑sponsors of the bill.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 6426, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 205, 525, 543, 609, 901, 903, 909, and 1027 (MCL 436.1205, 436.1525, 436.1543, 436.1609, 436.1901, 436.1903, 436.1909, and 436.2027), section 205 as amended by 2001 PA 274, sections 525 and 1027 as amended by 2008 PA 218, section 543 as amended by 2005 PA 269, section 901 as amended by 2008 PA 11, and section 903 as amended by 2000 PA 431, and by adding sections 1029 and 1031.
The Senate has amended the bill as follows:
1. Amend page 11, line 21, by striking out all of subdivision (AA) and relettering the remaining subdivision.
2. Amend page 16, line 14, after “SECTION” by striking out “525(1)(BB)” and inserting “525(1)(AA)”.
3. Amend page 24, line 10, after “COMMISSION” by striking out the balance of the subsection and inserting a period.
4. Amend page 27, line 18, after “SECTION” by striking out “525(1)(BB)” and inserting “525(1)(AA)”.
5. Amend page 28, line 17, after “THE” by striking out “LICENSURE” and inserting “REGISTRATION”.
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Dean moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 404 Yeas—77
Angerer Espinoza Leland Schmidt, R.
Barnett Geiss Lemmons Schmidt, W.
Bennett Gonzales Lindberg Scripps
Bolger Griffin Lipton Segal
Booher Haase Liss Sheltrown
Brown, L. Haines Lund Slavens
Brown, T. Hammel Marleau Slezak
Byrnes Hansen McDowell Smith
Clemente Haugh Meadows Spade
Constan Huckleberry Melton Stamas
Corriveau Jackson Miller Stanley
Crawford Johnson Moss Switalski
Cushingberry Jones, Rick Nathan Tlaib
Dean Jones, Robert Nerat Tyler
Denby Kandrevas Polidori Valentine
Dillon Kennedy Proos Walsh
Donigan Kowall Roberts Warren
Durhal Lahti Rocca Womack
Ebli LeBlanc Rogers Young
Elsenheimer
Nays—28
Agema Caul Horn Meltzer
Amash Daley Knollenberg Neumann
Ball DeShazor Kurtz Opsommer
Bauer Genetski Lori Pavlov
Bledsoe Green Mayes Pearce
Byrum Haveman McMillin Schuitmaker
Calley Hildenbrand Meekhof Scott, P.
In The Chair: Byrnes
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 6270, entitled
A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending sections 302 and 306 (MCL 32.702 and 32.706), section 302 as amended by 2002 PA 654.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Military and Veterans Affairs and Homeland Security,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. LeBlanc moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean 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. 6270, entitled
A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending sections 302 and 306 (MCL 32.702 and 32.706), section 302 as amended by 2002 PA 654.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 405 Yeas—104
Agema Donigan Kowall Pearce
Amash Durhal Kurtz Polidori
Angerer Ebli Lahti Proos
Ball Elsenheimer LeBlanc Roberts
Barnett Espinoza Leland Rocca
Bauer Geiss Lemmons Rogers
Bennett Genetski Lindberg Schmidt, R.
Bledsoe Gonzales Lipton Schmidt, W.
Bolger Green 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
Crawford Jackson Miller 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
Nays—1
Young
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Dean moved to amend the title to read as follows:
A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 306 (MCL 32.706).
The motion prevailed.
The House agreed to the title as amended.
Rep. Dean 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. 6271, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 55 (MCL 38.55), as amended by 2004 PA 33.
The bill was read a second time.
Rep. LeBlanc moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean 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. 6271, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 55 (MCL 38.55), as amended by 2004 PA 33.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 406 Yeas—104
Agema Donigan Kowall Pearce
Amash Durhal Kurtz Polidori
Angerer Ebli Lahti Proos
Ball Elsenheimer LeBlanc Roberts
Barnett Espinoza Leland Rocca
Bauer Geiss Lemmons Rogers
Bennett Genetski Lindberg Schmidt, R.
Bledsoe Gonzales Lipton Schmidt, W.
Bolger Green 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
Crawford Jackson Miller 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
Nays—1
Young
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Dean 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. 1226, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending sections 20d and 68 (MCL 38.20d and 38.68), section 20d as amended by 2002 PA 93 and section 68 as added by 1996 PA 487, and by adding sections 35 and 68d.
The bill was read a second time.
Rep. Cushingberry moved to substitute (H-23) the bill.
The motion did not prevail and the substitute (H-23) was not adopted, a majority of the members serving not voting therefor.
Rep. Cushingberry moved to substitute (H-31) the bill.
The motion prevailed and the substitute (H-31) was adopted, a majority of the members serving voting therefor.
Rep. Cushingberry moved to amend the bill as follows:
1. Amend page 10, following line 22, by inserting:
“(3) THE DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET SHALL ENSURE, TO THE MAXIMUM EXTENT POSSIBLE, THAT PAYMENTS MADE UNDER THIS SECTION SHALL BE APPLIED FOR ANY TAX CREDITS OR TAX LIABILITY REDUCTION UNDER THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010, PUBLIC LAW 111-152.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Dean moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean 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. 1226, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending sections 20d and 68 (MCL 38.20d and 38.68), section 20d as amended by 2002 PA 93 and section 68 as added by 1996 PA 487, and by adding sections 35 and 68d.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Meadows moved to substitute (H-33) the bill.
The motion was seconded and the substitute (H-33) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Dean moved that consideration of the bill be postponed for the day.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. McMillin moved that the Committee on Judiciary be discharged from further consideration of House Resolution No. 313.
(For first notice see House Journal No. 81, p. 1524.)
The question being on the motion made by Rep. McMillin,
Rep. Dean moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Dean moved that when the House adjourns today it stand adjourned until Thursday, September 23, at 10:00 a.m.
The motion prevailed.
Reps. Bauer, Ball, Lisa Brown, Terry Brown, Constan, Geiss, Griffin, Robert Jones, LeBlanc, Liss, Lori, Neumann, Proos, Slavens, Spade, Valentine and Warren offered the following resolution:
House Resolution No. 334.
A resolution to declare September 2010 as College Savings Month in the state of Michigan.
Whereas, As our state prepares to compete in the global economy of the 21st century, it is imperative that the children of our state have access to the education and skills that will ensure their success in the future; and
Whereas, Through the hard work and dedication of the families and loved ones of the youth of Michigan, students will have the opportunity to pursue higher education and a chance for educational advancement; and
Whereas, It is extremely important that our state maintain access to postsecondary education and encourage parents, family members, friends and neighbors to save for our young people’s education; and
Whereas, The federal and state governments must continue to encourage savings for the future and provide parents, grandparents, friends and businesses additional opportunities to support the educational needs and goals of our children; and
Whereas, It is in the interest of the state to ensure that the people of Michigan have the opportunity to obtain a postsecondary education and to encourage parents to save for their children’s education; and
Whereas, The Michigan Education Trust, the nation’s first prepaid college tuition plan, was provided by the State of Michigan as a Section 529 Qualified Tuition Plan (QTP), which was passed by our state’s legislature through duly enacted laws; and
Whereas, The Michigan Education Savings Program continues to help families save for college expenses and has been named one of the top college savings programs in the nation; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare September 2010 as College Savings Month in the State of Michigan.
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 bills had been printed and placed upon the files of the members on Wednesday, September 22:
House Bill Nos. 6463 6464 6465 6466 6467 6468 6469 6470 6471 6472 6473
Senate Bill Nos. 1500 1501
The Clerk announced that the following Senate bills had been received on Wednesday, September 22:
Senate Bill Nos. 1108 1109 1110 1234 1235 1237 1238 1476 1477 1478 1488 1499
Reports of Standing Committees
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 4495, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 32b (MCL 257.32b), as amended by 1983 PA 91.
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. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, DeShazor and Knollenberg
Nays: None
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 4976, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1062.
With the recommendation that the bill be referred to the Committee on Military and Veterans Affairs and Homeland Security.
Favorable Roll Call
To Report Out:
Yeas: Reps. Byrnes, Kandrevas, Donigan, Geiss, Haugh, Leland, Nerat, Roy Schmidt, Young, DeShazor and Knollenberg
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Military and Veterans Affairs and Homeland Security.
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 6200, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1062.
With the recommendation that the bill be referred to the Committee on Military and Veterans Affairs and Homeland Security.
Favorable Roll Call
To Report Out:
Yeas: Reps. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, DeShazor and Knollenberg
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Military and Veterans Affairs and Homeland Security.
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 6282, entitled
A bill to amend 1976 PA 295, entitled “State transportation preservation act of 1976,” by amending section 10 (MCL 474.60), as amended by 2008 PA 570.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, line 20, after “JONESVILLE” by striking out “WEST OF” and inserting “FROM”.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, DeShazor, Knollenberg, Pearce and Paul Scott
Nays: None
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 6462, 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 promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; 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 sections 9a, 10c, and 20a (MCL 247.659a, 247.660c, and 247.670a), section 9a as amended by 2007 PA 199, section 10c as amended by 2008 PA 485, and section 20a as amended by 2005 PA 5.
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. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, DeShazor and Knollenberg
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrnes, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Tuesday, September 21, 2010
Present: Reps. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, DeShazor, Knollenberg, Pearce, Wayne Schmidt and Paul Scott
Absent: Rep. Bolger
The Committee on Commerce, by Rep. Robert Jones, Chair, reported
House Bill No. 6345, entitled
A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12a (MCL 125.2162a), as amended by 2009 PA 162.
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. Robert Jones, Barnett, Byrum, Clemente, Haugh, Huckleberry, Lemmons, Nathan, Nerat, Roy Schmidt, Sheltrown, Womack, Hansen, DeShazor, Meltzer, Opsommer and Walsh
Nays: Reps. Knollenberg and Meekhof
The Committee on Commerce, by Rep. Robert Jones, Chair, reported
Senate Bill No. 1222, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), as amended by 2008 PA 472.
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. Robert Jones, Barnett, Byrum, Clemente, Haugh, Huckleberry, Lemmons, Nerat, Roy Schmidt, Sheltrown, Womack, Hansen, DeShazor, Knollenberg, Meekhof, Meltzer, Opsommer and Walsh
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Robert Jones, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Wednesday, September 22, 2010
Present: Reps. Robert Jones, Barnett, Byrum, Clemente, Haugh, Huckleberry, Lemmons, Nathan, Nerat, Roy Schmidt, Sheltrown, Womack, Hansen, DeShazor, Knollenberg, Meekhof, Meltzer, Opsommer and Walsh
The Committee on Education, by Rep. Melton, Chair, reported
Senate Bill No. 1014, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1531f.
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. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Pavlov, Ball, DeShazor, Pearce, Paul Scott, Tyler and Walsh
Nays: None
The Committee on Education, by Rep. Melton, Chair, reported
House Resolution No. 320.
A resolution to memorialize Congress to enact the Literacy for All, Results for the Nation Act.
(For text of resolution, see House Journal No. 75, p. 1311.)
With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.
Substitute for House Resolution No. 320.
A resolution to memorialize Congress to enact the Literacy Education for All, Results for the Nation Act.
Whereas, Literacy development begins at birth and requires a sustained engagement and investment. The Literacy Education for All, Results for the Nation (LEARN) Act, H.R. 4037, would provide aid to states and educational agencies for comprehensive planning to improve the literacy of students from birth through grade twelve. Discretionary grants would be provided to bridge America’s learning gap by supporting text-rich learning environments to improve reading, writing, and academic achievement. The act would provide for competitive subgrants focused on early language and literacy development in children under the age of six and districts with the highest percentages of disadvantaged or low-performing students. The Secretary of Education would perform a five-year evaluation of initiatives funded through the act, thus making school districts and states accountable for the dollars they receive and programs they support; and
Whereas, According to the most recent National Assessment of Educational Progress (NAEP), approximately 70 percent of fourth and eighth graders read below the proficiency level. Only one-third of secondary school students who enter the ninth grade can expect to graduate in four years with adequate skills needed to succeed in higher education and their place of work. These statistics are worrisome when 25 of today’s fastest growing professions require higher than average literacy skills; and
Whereas, The LEARN Act would benefit Michigan, especially Detroit and other urban centers. Forty-seven percent of Detroit’s adults are functionally illiterate and over 50 percent of displaced Detroit workers are literacy challenged. This low rate of literacy impacts the ability of Michigan’s largest city to attract industries seeking professionals that are prepared for today’s work environment. This challenge exacerbates joblessness, poverty, and crime; now, therefore, be it
Resolved by the House of Representatives, That we memorialize Congress to enact the Literacy Education for All, Results for the Nation Act (LEARN); 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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Ball and Walsh
Nays: Reps. Pavlov, Amash, McMillin and Paul Scott
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Melton, Chair, of the Committee on Education, was received and read:
Meeting held on: Wednesday, September 22, 2010
Present: Reps. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Pavlov, Amash, Ball, DeShazor, McMillin, Pearce, Paul Scott, Tyler and Walsh
Absent: Rep. Valentine
Excused: Rep. Valentine
The Committee on Ethics and Elections, by Rep. Angerer, Chair, reported
House Bill No. 6022, entitled
A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” (MCL 4.411 to 4.431) by adding section 11a.
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. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer, Kurtz and Pearce
Nays: None
The Committee on Ethics and Elections, by Rep. Angerer, Chair, reported
House Bill No. 6023, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 50 (MCL 169.250), as added by 1994 PA 385.
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. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer and Kurtz
Nays: None
The Committee on Ethics and Elections, by Rep. Angerer, Chair, reported
Senate Bill No. 1126, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 305 (MCL 168.305), as amended by 2004 PA 287.
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. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer and Kurtz
Nays: None
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, September 22, 2010
Present: Reps. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer, Kurtz and Pearce
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 4958, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 601e.
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. Byrnes, Kandrevas, Donigan, Geiss, Haugh, Leland, Nerat, Roy Schmidt, Young, Knollenberg, Pearce and Wayne Schmidt
Nays: None
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 4959, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2008 PA 297.
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. Byrnes, Kandrevas, Donigan, Geiss, Haugh, Leland, Nerat, Roy Schmidt, Young, Knollenberg, Pearce and Wayne Schmidt
Nays: None
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 4960, entitled
A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657).
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. Byrnes, Kandrevas, Donigan, Geiss, Haugh, Leland, Nerat, Roy Schmidt, Young and Knollenberg
Nays: Reps. Griffin and DeShazor
The Committee on Transportation, by Rep. Byrnes, Chair, reported
Senate Bill No. 276, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 709 (MCL 257.709), as amended by 2000 PA 127.
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. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Knollenberg, Pearce and Paul Scott
Nays: Reps. Bolger and DeShazor
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrnes, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Wednesday, September 22, 2010
Present: Reps. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, DeShazor, Knollenberg, Pearce, Wayne Schmidt and Paul Scott
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, September 22, 2010
Present: Reps. Clemente, Stanley, Byrnes, Geiss, Griffin, Leland, Segal, Knollenberg, Bolger, Denby and Tyler
Messages from the Senate
House Bill No. 5307, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 1b (MCL 400.1b), as amended by 1995 PA 223.
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. 5473, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 12 (MCL 28.432), as amended by 2008 PA 195.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5520, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2a (MCL 28.422a), as amended by 2008 PA 194.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5654, entitled
A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending section 51 (MCL 460.1051).
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. 5716, entitled
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2008 PA 310, and by adding section 3i.
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. 6427, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2009 PA 82.
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. 5599, entitled
A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 408 (MCL 484.1408), as amended by 2008 PA 48.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5666, entitled
A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2008 PA 396.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5717, entitled
A bill to amend 1975 PA 169, entitled “Charitable organizations and solicitations act,” by amending section 2 (MCL 400.272) and by adding section 19.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5920, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2006 PA 259.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 6038, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7212, 7403, and 7404 (MCL 333.7212, 333.7403, and 333.7404), as amended by 2002 PA 710.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 7212 and 7218 (MCL 333.7212 and 333.7218), section 7212 as amended by 2002 PA 710 and section 7218 as amended by 1998 PA 319.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 6226, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2002 PA 710.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 1108, 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 2009 PA 39 and section 8 as amended by 1994 PA 320.
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. 1109, 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 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. 1110, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 252 (MCL 168.252).
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. 1234, entitled
A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending section 3 (MCL 125.2873), as amended by 2007 PA 44.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Senate Bill No. 1235, entitled
A bill to amend 1948 (1st Ex Sess) PA 31, entitled “An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district’s boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district’s boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district’s boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies,” by amending the title and section 1 (MCL 123.951), the title as amended by 1998 PA 190 and section 1 as amended by 1993 PA 121.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Senate Bill No. 1237, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22225 (MCL 333.22225), as amended by 1993 PA 88.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Senate Bill No. 1238, entitled
A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 1 (MCL 125.1801), as amended by 2008 PA 453.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.
Senate Bill No. 1476, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 254 (MCL 168.254), as amended by 1999 PA 218.
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. 1477, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 267 (MCL 168.267).
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. 1478, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 269 (MCL 168.269), as amended by 1990 PA 7.
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. 1488, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32607 (MCL 324.32607), as amended by 2004 PA 546.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Senate Bill No. 1499, entitled
A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 11 (MCL 36.11), as amended by 1982 PA 391.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Military and Veterans Affairs and Homeland Security.
Notices
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. 5779.
Rep. Angerer
Introduction of Bills
Reps. Pearce, Denby, Rogers, Lori, Opsommer, Tyler, Ball and Moss introduced
House Bill No. 6474, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 226, 801, and 803b (MCL 257.226, 257.801, and 257.803b), section 226 as amended by 2004 PA 163 and sections 801 and 803b as amended by 2009 PA 99.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Polidori and Constan introduced
House Bill No. 6475, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1290.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Polidori and Constan introduced
House Bill No. 6476, entitled
A bill to provide for the disclosure of certain information to participants and parents or legal guardians of certain participants involved in athletic activity conducted by certain nonprofit and private sports associations.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. LeBlanc introduced
House Bill No. 6477, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80212 (MCL 324.80212), as added by 2000 PA 229.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Reps. Lemmons and Bettie Scott introduced
House Bill No. 6478, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 411a, 412a, and 416 (MCL 380.411a, 380.412a, and 380.416), sections 411a and 416 as amended by 2007 PA 29 and section 412a as amended by 2004 PA 303.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Rep. Lemmons introduced
House Bill No. 6479, entitled
A bill to create a commission regarding industrial hemp use; to provide for certain powers and duties for state agencies; and to provide for the issuance of certain reports and recommendations.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Rep. Lemmons introduced
House Bill No. 6480, entitled
A bill to define and regulate industrial hemp; to provide for licensure of certain persons engaged in the growing or processing of industrial hemp; to provide for certain powers and duties for certain state agencies; to provide for the creation of certain funds; and to provide for certain remedies and penalties.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Agema, Genetski, Rick Jones, Haines, Kowall, Tyler and McMillin introduced
House Bill No. 6481, entitled
A bill to amend 1887 PA 128, entitled “An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act,” by amending section 2 (MCL 551.102), as amended by 2006 PA 578.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Agema, Genetski, Kowall, Tyler, Walsh, Pearce and Haveman introduced
House Bill No. 6482, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 1902 (MCL 324.1902), as amended by 2004 PA 587; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Reps. Genetski, Agema, Kowall, Tyler, Walsh, Pearce and Haveman introduced
House Bill No. 6483, 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 promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; 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 10 (MCL 247.660), as amended by 2007 PA 210.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Reps. Wayne Schmidt, Byrnes, Gonzales, Ball, LeBlanc, Donigan, Tyler, Proos and Haugh introduced
House Bill No. 6484, entitled
A bill to amend 1964 PA 183, entitled “An act creating the state building authority with power to acquire, construct, furnish, equip, own, improve, enlarge, operate, mortgage, and maintain facilities for the use of the state or any of its agencies; to act as a developer or co-owner of facilities as a condominium project for the use of the state or any of its agencies; to authorize the execution of leases pertaining to those facilities by the building authority with the state or any of its agencies; to authorize the payment of true rentals by the state; to provide for the issuance of revenue obligations by the building authority to be paid from the true rentals to be paid by the state and other resources and security provided for and pledged by the building authority; to authorize the creation of funds; to authorize the conveyance of lands by the state or any of its agencies for the purposes authorized in this act; to authorize the appointment of a trustee for bondholders; to permit remedies for the benefit of parties in interest; to provide for other powers and duties of the authority; and to provide for other matters in relation to the authority and its obligations,” by amending section 1 (MCL 830.411), as amended by 2005 PA 67, and by adding section 8b.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Mayes, Espinoza, McDowell, Byrum, Huckleberry, Terry Brown, Neumann and Horn introduced
House Bill No. 6485, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11506 (MCL 324.11506), as amended by 2007 PA 212.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Reps. Agema, Genetski, Kowall, Tyler, Walsh, Pearce and Haveman introduced
House Joint Resolution NNN, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 35 of article IX, to reduce the proportion of certain lease revenue required to be deposited in the Michigan natural resources trust fund.
The joint resolution was read a first time by its title and referred to the Committee on Great Lakes and Environment.
______
Rep. Haase moved that the House adjourn.
The motion prevailed, the time being 5:50 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, September 23, at 10:00 a.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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