No. 25
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Tuesday, March 24, 2009.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Durhal—present Lahti—present Proos—present
Amash—present Ebli—present LeBlanc—present Roberts—present
Angerer—present Elsenheimer—present Leland—present Rocca—present
Ball—present Espinoza—present Lemmons—present Rogers—present
Barnett—present Geiss—present Lindberg—present Schmidt, R.—present
Bauer—present Genetski—present Lipton—present Schmidt, W.—present
Bennett—present Gonzales—present Liss—present Schuitmaker—present
Bledsoe—present Green—present Lori—present Scott, B.—present
Bolger—present Gregory—present Lund—present Scott, P.—present
Booher—present Griffin—present Marleau—present Scripps—present
Brown, L.—present Haase—present Mayes—present Segal—present
Brown, T.—present Haines—present McDowell—present Sheltrown—present
Byrnes—present Hammel—present McMillin—present Simpson—present
Byrum—present Hansen—present Meadows—present Slavens—present
Calley—present Haugh—present Meekhof—present Slezak—present
Caul—present Haveman—present Melton—present Smith—present
Clemente—present Hildenbrand—present Meltzer—present Spade—present
Constan—present Horn—present Miller—present Stamas—present
Corriveau—present Huckleberry—present Moore—present Stanley—present
Coulouris—present Jackson—excused Moss—present Switalski—present
Crawford—present Johnson—present Nathan—present Tlaib—present
Cushingberry—present Jones, Rick—present Nerat—present Tyler—present
Daley—present Jones, Robert—present Neumann—present Valentine—present
Dean—present Kandrevas—present Opsommer—present Walsh—present
Denby—present Kennedy—present Pavlov—present Warren—present
DeShazor—present Knollenberg—present Pearce—present Womack—present
Dillon—present Kowall—present Polidori—present Young—present
Donigan—present Kurtz—present
e/d/s = entered during session
Rep. Lee Gonzales, from the 49th District, offered the following invocation:
“Colleagues and friends - As we gather once again let us take a moment to give thanks for the privilege that has been bestowed upon us in serving the citizens of our great state. While we acknowledge that we come from different places, hold different values and cherish different beliefs, we are gathered here today as one legislative body with a unified purpose to serve the citizens of Michigan.
Let us pledge our best efforts to help one another and to create sound policy intended to improve the lives of all Michigan citizens. Recognizing the sacrifices our constituents have made in these troubled economic times, may we lead with wisdom, strength and humility as we deliberate the issues confronting us today.
Let us do not just what we think is right, but what is right for our communities and our state. As Harry S. Truman stated ‘It’s remarkable how much you can accomplish if you don’t care who gets the credit.’
Please join me as we stand together in common fellowship. Let us open our minds, shed our differences and depart in unity.
And with Aldo Vagnozzi in our thoughts, please join me in saying, Amen.”
______
Rep. Angerer moved that Rep. Jackson be excused from today’s session.
The motion prevailed.
Messages from the Senate
Senate Concurrent Resolution No. 7.
A concurrent resolution to honor the memory of Harmon G. Cropsey, former member of the Michigan House of Representatives and Senate.
You shall know the truth, and the truth shall make you free.
—Jesus Christ
If we work upon marble, it will perish;
If on brass, time will efface it;
If we rear temples, they will crumble into dust;
But if we work upon immortal minds,
And imbue them with principles,
With the just fear of God and love of our fellow-men,
We engrave on those tablets something that will brighten to all eternity.
—Daniel Webster
Whereas, The members and staff of the Michigan Legislature were saddened to learn of the passing of Harmon G. Cropsey on March 13, 2009, which gentleman of principle and integrity touched many people over the course of his long and productive life, and whose example of commitment to service will endure through the record of the values with which he lived his life; and
Whereas, Harmon Cropsey’s life was rooted in farm, family, and faith, and as a student at Michigan State University and graduate of Iowa State University, he farmed in both Iowa and Michigan; and
Whereas, Like so many of his generation, he put his personal dreams and aspirations on hold during World War II, became a navigator and pilot with the Navy for four years, flew more than 40 missions out of England, and earned the Air Medal and the Distinguished Flying Cross before returning to civilian life; and
Whereas, In the Cass County area, Harmon Cropsey was active in a host of organizations, including the Farm Bureau, veterans posts, political associations, and pro-life groups; and
Whereas, Harmon Cropsey was deeply involved in education, having served as the legislative agent for the Friends of Michigan Schools, as a member of the Senate Education Committee, and as a member on the boards of Geneva Public School, Lewis Cass Intermediate School District, Capitol City Christian School, South Riley Bible School, and Noah Webster Academy (the first public school academy in Michigan); and
Whereas, Harmon Cropsey was actively involved in the spiritual life of the communities where he lived by helping to start two churches and serving on the board of deacons of Volinia Baptist Church, Diamond Lake Baptist Church, East DeWitt Bible Church, and South Riley Bible Church; and
Whereas, First elected as a legislator in a special election for the Michigan House of Representatives in August 1981, Harmon Cropsey came to the Michigan Senate in 1983; and
Whereas, During his 10 years as a lawmaker, Harmon Cropsey contributed to the shaping of public policy not only by sharing his deep understanding of religious, educational, and agricultural issues, but also through his work as the chairman of the Senate Local Government and Veterans Committee, and his unpretentious and unselfish manner earned him the respect of members on both sides of the aisle; and,
Whereas, Harmon Cropsey was a model of marital faithfulness, having been married to his wife, Marian, for 65 years, the offspring of that union being seven children, 19 grandchildren and 27 great-grandchildren; and
Whereas, Having lived for over 91 years, it can be said of Harmon Cropsey, as was said of the patriarch Job, that he “died, being old and full of days”; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of Harmon G. Cropsey, a member of the Michigan House of Representatives from 1981 to 1982 and of the Michigan Senate from 1983 to 1990; and be it further
Resolved, That copies of this resolution be transmitted to the Cropsey family as evidence of the esteem that will long be held for his life and service to others.
The Senate has adopted the concurrent resolution.
The Speaker and the entire membership of the House of Representatives were named co‑sponsors of the concurrent resolution.
The question being on the adoption of the concurrent resolution,
The resolution was adopted by unanimous standing vote.
Second Reading of Bills
House Bill No. 4479, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 37 (MCL 211.37), as amended by 1994 PA 415.
The bill was read a second time.
Rep. Barnett moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Barnett moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4479, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 37 (MCL 211.37), as amended by 1994 PA 415.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 75 Yeas—109
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Johnson Moss Switalski
Crawford Jones, Rick Nathan Tlaib
Cushingberry Jones, Robert Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4507, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81131 (MCL 324.81131), as amended by 2008 PA 240.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Espinoza 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. 4507, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81131 (MCL 324.81131), as amended by 2008 PA 240.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 76 Yeas—109
Agema Durhal Lahti Proos
Amash Ebli LeBlanc Roberts
Angerer Elsenheimer Leland Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bennett Gonzales Liss Schuitmaker
Bledsoe Green Lori Scott, B.
Bolger Gregory Lund Scott, P.
Booher Griffin Marleau Scripps
Brown, L. Haase Mayes Segal
Brown, T. Haines McDowell Sheltrown
Byrnes Hammel McMillin Simpson
Byrum Hansen Meadows Slavens
Calley Haugh Meekhof Slezak
Caul Haveman Melton Smith
Clemente Hildenbrand Meltzer Spade
Constan Horn Miller Stamas
Corriveau Huckleberry Moore Stanley
Coulouris Johnson Moss Switalski
Crawford Jones, Rick Nathan Tlaib
Cushingberry Jones, Robert Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4166, entitled
A bill to require disclosure of certain information in connection with refund anticipation loans; to prescribe certain duties and obligations of the parties to a refund anticipation loan; and to prescribe penalties.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Tlaib 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. 4166, entitled
A bill to require disclosure of certain information in connection with refund anticipation loans; to prescribe certain duties and obligations of the parties to a refund anticipation loan; and to prescribe penalties.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 77 Yeas—106
Angerer Ebli Leland Roberts
Ball Elsenheimer Lemmons Rocca
Barnett Espinoza Lindberg Rogers
Bauer Geiss Lipton Schmidt, R.
Bennett Gonzales Liss Schmidt, W.
Bledsoe Green Lori Schuitmaker
Bolger Gregory Lund Scott, B.
Booher Griffin Marleau Scott, P.
Brown, L. Haase Mayes Scripps
Brown, T. Haines McDowell Segal
Byrnes Hammel McMillin Sheltrown
Byrum Hansen Meadows Simpson
Calley Haugh Meekhof Slavens
Caul Haveman Melton Slezak
Clemente Hildenbrand Meltzer Smith
Constan Horn Miller Spade
Corriveau Huckleberry Moore Stamas
Coulouris Johnson Moss Stanley
Crawford Jones, Rick Nathan Switalski
Cushingberry Jones, Robert Nerat Tlaib
Daley Kandrevas Neumann Tyler
Dean Kennedy Opsommer Valentine
Denby Knollenberg Pavlov Walsh
DeShazor Kowall Pearce Warren
Dillon Kurtz Polidori Womack
Donigan Lahti Proos Young
Durhal LeBlanc
Nays—3
Agema Amash Genetski
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to require disclosure of certain information in connection with refund anticipation loans; and to prescribe penalties.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Bauer, Bledsoe, Lisa Brown, Terry Brown, Clemente, Gonzales, Gregory, Haase, Haugh, Huckleberry, Johnson, Rick Jones, Robert Jones, Kennedy, Lahti, Lemmons, Lipton, Liss, Lori, Mayes, McDowell, Nathan, Nerat, Polidori, Roberts, Segal, Slavens, Smith, Spade, Stanley, Valentine and Warren were named co‑sponsors of the bill.
Second Reading of Bills
House Bill No. 4607, entitled
A bill to require disclosure of certain information in connection with refund anticipation loans; to prescribe certain duties and obligations of the parties to a refund anticipation loan; and to prescribe penalties.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Johnson 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. 4607, entitled
A bill to require disclosure of certain information in connection with refund anticipation loans; to prescribe certain duties and obligations of the parties to a refund anticipation loan; and to prescribe penalties.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 78 Yeas—106
Angerer Ebli Leland Roberts
Ball Elsenheimer Lemmons Rocca
Barnett Espinoza Lindberg Rogers
Bauer Geiss Lipton Schmidt, R.
Bennett Gonzales Liss Schmidt, W.
Bledsoe Green Lori Schuitmaker
Bolger Gregory Lund Scott, B.
Booher Griffin Marleau Scott, P.
Brown, L. Haase Mayes Scripps
Brown, T. Haines McDowell Segal
Byrnes Hammel McMillin Sheltrown
Byrum Hansen Meadows Simpson
Calley Haugh Meekhof Slavens
Caul Haveman Melton Slezak
Clemente Hildenbrand Meltzer Smith
Constan Horn Miller Spade
Corriveau Huckleberry Moore Stamas
Coulouris Johnson Moss Stanley
Crawford Jones, Rick Nathan Switalski
Cushingberry Jones, Robert Nerat Tlaib
Daley Kandrevas Neumann Tyler
Dean Kennedy Opsommer Valentine
Denby Knollenberg Pavlov Walsh
DeShazor Kowall Pearce Warren
Dillon Kurtz Polidori Womack
Donigan Lahti Proos Young
Durhal LeBlanc
Nays—3
Agema Amash Genetski
In The Chair: Byrnes
The question being on agreeing to the title of the bill,
Rep. Angerer moved to amend the title to read as follows:
A bill to prescribe certain duties and obligations of the parties to a refund anticipation loan; and to prescribe penalties.
The motion prevailed.
The House agreed to the title as amended.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Barnett, Bauer, Terry Brown, Constan, Durhal, Geiss, Gonzales, Haase, Haugh, Robert Jones, Lemmons, Liss, Mayes, McDowell, Melton, Nathan, Roberts, Scripps, Segal, Spade, Switalski, Tlaib and Valentine were named co‑sponsors of the bill.
House Bill No. 4313, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1212 (MCL 380.1212), as amended by 2003 PA 299.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Walsh moved to substitute (H-3) the bill.
The motion was seconded and the substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
The question being on the passage of the bill,
Rep. Opsommer moved to substitute (H-7) the bill.
The motion was seconded and the substitute (H-7) was not adopted, a majority of the members serving not voting therefor.
The question being on the passage of the bill,
Point of Order
Rep. Elsenheimer requested a ruling of the Chair on if a 3/4 vote is required on passage pursuant to Article 9, Section 3 of the Michigan Constitution.
The Chair ruled this bill is not in violation of Article 9, Section 3 as it does not increase the ad valorem property tax.
Rep. Hildenbrand appealed the decision of the Chair.
The question being, “Shall the judgment of the Chair stand as the judgment of the House?”
The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 79 Yeas—66
Angerer Durhal Leland Scott, B.
Barnett Ebli Lemmons Scripps
Bauer Espinoza Lindberg Segal
Bennett Geiss Lipton Sheltrown
Bledsoe Gonzales Liss Simpson
Brown, L. Gregory Mayes Slavens
Brown, T. Griffin McDowell Slezak
Byrnes Haase Meadows Smith
Byrum Hammel Melton Spade
Clemente Haugh Miller Stanley
Constan Huckleberry Nathan Switalski
Corriveau Johnson Nerat Tlaib
Coulouris Jones, Robert Neumann Valentine
Cushingberry Kandrevas Polidori Warren
Dean Kennedy Roberts Womack
Dillon Lahti Schmidt, R. Young
Donigan LeBlanc
Nays—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
In The Chair: Byrnes
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. 80 Yeas—74
Angerer Durhal Lipton Schuitmaker
Ball Ebli Liss Scott, B.
Barnett Espinoza Lori Scott, P.
Bauer Geiss Mayes Scripps
Bennett Gonzales McDowell Segal
Bledsoe Gregory Meadows Sheltrown
Booher Haase Melton Simpson
Brown, L. Hammel Miller Slavens
Brown, T. Hansen Nathan Smith
Byrnes Haugh Nerat Spade
Byrum Huckleberry Neumann Stanley
Clemente Johnson Opsommer Switalski
Constan Kandrevas Pearce Tlaib
Corriveau Kennedy Polidori Tyler
Coulouris Lahti Proos Valentine
Cushingberry LeBlanc Roberts Warren
Dean Leland Rocca Womack
Dillon Lemmons Schmidt, R. Young
Donigan Lindberg
Nays—35
Agema Elsenheimer Jones, Robert Moore
Amash Genetski Knollenberg Moss
Bolger Green Kowall Pavlov
Calley Griffin Kurtz Rogers
Caul Haines Lund Schmidt, W.
Crawford Haveman Marleau Slezak
Daley Hildenbrand McMillin Stamas
Denby Horn Meekhof Walsh
DeShazor Jones, Rick Meltzer
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. Agema, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
While I supported this last year, this year no amendments were allowed to limit it’s use. My school districts were wise in their use; however, others were not. Schools should not be bonding for long term issues. We must not raise taxes in this economic environment. Also, it requires a 3/4 vote to pass this according to article 9, sec 3 and MCL380.1211.”
______
Rep. Angerer moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Knollenberg, Agema, Ball, Barnett, Booher, Terry Brown, DeShazor, Geiss, Griffin, Haines, Hammel, Rick Jones, Robert Jones, LeBlanc, Lori, Meltzer, Miller, Neumann, Pearce, Rocca, Sheltrown, Switalski, Tyler, Valentine and Leland offered the following resolution:
House Resolution No. 51.
A resolution to memorialize the President of the United States and the Congress to do everything within their authority to stop American International Group from using taxpayer dollars to pay bonuses to their employees.
Whereas, Our nation is facing an unprecedented economic crisis, resulting, in large part, from escalations in energy costs, reduced availability of credit, and international market forces largely beyond our control. In addition, failed investments in exotic financial tools such as hedge funds that became overexposed to market risks further exacerbated the financial uncertainty; and
Whereas, American International Group (AIG), an international insurance and financial services firm, was our nation’s 18th largest business in 2008. Its failed financial and hedge fund gambles were a contributing factor in our nation’s economic collapse, and, without federal economic assistance, would have led to the company’s demise and untold further damage to our financial markets. This bailout, however, cost the American taxpayers at least $170 billion; and
Whereas, To add insult to injury, after receiving the most recent bail-out installment check of $165 million, AIG paid out exorbitant, post-bailout retention bonuses of $220 million for company executives, many of who were responsible for the company’s original downfall. These bonuses included checks of over $1 million each for 73 different company employees. Clearly, fairness demands that these bonus monies be returned to American taxpayers. The anticipated morass of contractual and legal roadblocks in getting these bonus funds back into the federal coffers, however, can only be addressed by the President and Congress; now, therefore, be it
Resolved by the House of Representatives, That we hereby memorialize the President of the United States and the Congress to do everything within their authority to stop American International Group from using taxpayer dollars to pay bonuses to their employees; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Banking and Financial Services.
Reps. Valentine, Ball, Barnett, Terry Brown, Caul, Constan, Cushingberry, Dean, Durhal, Geiss, Gonzales, Griffin, Hammel, Rick Jones, Robert Jones, Lahti, LeBlanc, Lemmons, Lipton, Liss, Lori, Miller, Neumann, Pearce, Polidori, Rocca, Roy Schmidt, Sheltrown, Spade, Switalski, Tyler and Leland offered the following resolution:
House Resolution No. 52.
A resolution honoring the 25th anniversary of MEA-Retired.
Whereas, Michigan Education Association-Retried (MEA-Retired) is celebrating its 25th anniversary as an organization of retired public school employees who remain exceptionally passionate about the cause of public education in our state; and
Whereas, After many years of advocacy for quality school employee retirement benefits through a variety of organizations and arrangements, the Michigan Education Association and the National Education Association formally created their respective retired organizations in the 1980s; and
Whereas, MEA-Retired’s membership has grown to more than 40,000 members, including both retired and active school employees; and
Whereas, The legislative and political action of MEA-Retired is a critical component of MEA’s overall success in advocating both for a quality education for all Michigan students and for quality work environments and retirement benefits for all public school employees; and
Whereas, MEA-Retired’s leadership in the MEA Scholarship program has helped extend the hope and promise of a college education to hundreds of worthy students over the past decade; and
Whereas, The guidance and experience of MEA-Retired’s elected leadership continues to provide sage counsel to those who have picked up the mantle of MEA leadership; now, therefore, be it
Resolved, That the Michigan House of Representatives salutes MEA-Retired on the occasion of its 25th anniversary; and be it further
Resolved, That the MEA members value the continuing commitment of retired public school employees to ensuring an outstanding public education for Michigan’s students.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Valentine, Ball, Barnett, Terry Brown, Constan, Cushingberry, Dean, Durhal, Geiss, Gonzales, Griffin, Hammel, Robert Jones, Lahti, LeBlanc, Lemmons, Lipton, Liss, Lori, Miller, Neumann, Polidori, Rocca, Roy Schmidt, Spade, Switalski and Leland offered the following resolution:
House Resolution No. 53.
A resolution honoring the 25th anniversary of the merger between the Michigan Education Support Personnel Association and the Michigan Education Association.
Whereas, 2009 marks the 25th anniversary of the merger between the Michigan Educational Support Personnel Association (ESP) and the Michigan Education Association (MEA); and
Whereas, Following from the initial organizing of ESP members in the mid-1970s, the 1984 merger of the two associations made MEA one of the first state associations to provide full membership rights to all non-supervisory members of the education workforce as a unified organization; and
Whereas, During the past quarter century, thousands of school employees from the paraprofessional, clerical, food service, transportation, custodial, maintenance, skilled trades, security, technical, health and student services ranks have joined the MEA, now making up approximately one-third of overall active membership; and
Whereas, The combination of those ESP members with other active and retired MEA members create an exceptionally strong education union that advocates for the working conditions of all school employees and the learning conditions of all Michigan students; and
Whereas, The leadership of MEA ESP has been instrumental in the fight against a litany of anti-public school employee initiatives, including the defeat of vouchers in 2000 and ongoing battles against privatization of school employee jobs, and will continue to be critical in facing the challenges still ahead; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor the many contributions of ESP members on the occasion of the 25th anniversary of the MESPA/ESP merger; now, be it further
Resolved, That thanks to the involvement of ESP members, MEA is a stronger union and a better advocate for public schools, their employees and, especially, their students.
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 Friday, March 20:
House Bill Nos. 4629 4630 4631 4632 4633 4634 4635 4636 4637 4638 4639 4640 4641 4642
4643 4644 4645 4646 4647 4648 4649 4650 4651 4652 4653 4654 4655 4656
4657 4658 4659 4660 4661 4662 4663 4664 4665 4666 4667 4668 4669 4670
4671 4672 4673 4674
Senate Bill Nos. 394 395 396 397 398 399 400 401
The Clerk announced that the following Senate bill had been received on Tuesday, March 24:
Senate Bill No. 227
Messages from the Senate
Senate Bill No. 227, entitled
A bill to amend 2008 PA 260, entitled “Subsidized guardianship assistance act,” by amending the title and sections 1, 2, 3, 4, 5, 6, and 9 (MCL 722.871, 722.872, 722.873, 722.874, 722.875, 722.876, and 722.879) and by adding sections 5a and 5b; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.
Senate Concurrent Resolution No. 6.
A concurrent resolution to urge the government of Turkey to cease all discrimination against the Ecumenical Patriarchate.
Whereas, The Ecumenical Patriarchate, located in Istanbul, Turkey, is the sacred See that presides in a spirit of brotherhood over a communion of the self-governing churches of the Orthodox Christian world. The See is led by Ecumenical Patriarch Bartholomew, who is the 269th in direct succession to the Apostle Andrew and holds titular primacy as “primus inter pares,” meaning “first among equals” in the community of Orthodox churches worldwide; and
Whereas, Ecumenical Patriarch Bartholomew has a long record of bringing Christian, Muslim, and Jewish religious leaders together to denounce terrorism and promote peace, dialogue, and tolerance, including after the 9/11 attacks. For his leadership, he was awarded the Congressional Gold Medal in 1997; and
Whereas, The Orthodox Christian Church, in existence for nearly 2,000 years, numbers approximately 300 million members worldwide with more than 2 million members in the United States. Since 1453, the continuing presence of the Ecumenical Patriarchate in Turkey has been a living testament to the religious coexistence of Christians and Muslims. This religious coexistence is in jeopardy because the government of Turkey refuses to recognize the rights and religious freedoms of the Ecumenical Patriarchate, which is considered a minority religion by the Turkish government; and
Whereas, The government of Turkey has limited the candidates available to hold the office of Ecumenical Patriarch to only Turkish nationals. While there were once millions of Orthodox Christians living in Turkey at the turn of the 20th century, due to the continued policies of minority discrimination during this period by the Turkish government, there remain fewer than 3,000 of the Ecumenical Patriarch’s flock left in Turkey today; and
Whereas, The government of Turkey has impeded training for Orthodox Christian clergy, confiscated nearly all of the properties of the Ecumenical Patriarchate, and has placed taxes on a charity hospital run by the Ecumenical Patriarchate; and
Whereas, The European Union began accession negotiations with Turkey on October 3, 2005. The European Union defined membership criteria for accession at the Copenhagen European Council in 1993, obligating candidate countries to achieve certain levels of reform, including stability of institutions guaranteeing democracy, adherence to the rule of law, and respect for and protection of minorities and human rights. The Turkish government’s current treatment of the Ecumenical Patriarchate is inconsistent with the membership in the European Union; and
Whereas, Orthodox Christians in Michigan and throughout the United States stand to lose their spiritual leader because of the continued actions of the Turkish government; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we urge the government of Turkey to uphold and safeguard religious and human rights without compromise; cease its discrimination of the Ecumenical Patriarchate; grant the Ecumenical Patriarch appropriate international recognition, ecclesiastic succession, and the right to train clergy of all nationalities; and respect the property rights and human rights of the Ecumenical Patriarchate; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the United States Ambassador to the Republic of Turkey, the Ambassador of the Republic of Turkey to the United States, and the Michigan congressional delegation.
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Committee on Government Operations.
Notices
March 19, 2009
Mr. Richard J. Brown, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48913
Dear Mr. Clerk:
I hereby request the following changes to the membership for the subcommittee on Investigations, Intergovernmental Affairs and Oversight for the 2009-2010 Legislative Session by adding the following members:
Representatives Gregory, Hammel and Genetski.
Sincerely,
George Cushingberry, Chair
Appropriations Committee
March 19, 2009
Mr. Richard J. Brown, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48913
Dear Mr. Clerk:
In accordance with MCLA 38.1026 of the Legislative Retirement System statute, I hereby appoint the following person to the Legislative Retirement System Board of Trustees for the following term:
Defined Contribution Plan Participant:
4 year term, 2009-2012
Donald Gilmer to replace Virgil Smith
Thank you for attention on this matter.
Regards,
Andy Dillon
Speaker of the House of Representatives
District 17
Announcements by the Clerk
Received from the State Officers Compensation Commission:
March 18, 2009
On February 12, 2009 and March 9, 2009, the State Officers Compensation Commission (SOCC) met to determine salaries and expense allowances for the governor, lieutenant governor, attorney general, secretary of state, justices of the supreme court, and members of the legislature. The SOCC has concluded its proceedings for 2009. This letter provides notice of the SOCC’s determinations, as required by Section 6 of Public Act 357 of 1968 (MCL 15.216).
The SOCC has determined that ten percent reductions to the current salaries, supplemental salaries, and expense allowances for legislative and executive branch positions are appropriate. Issues regarding the constitutionality of a reduction in judicial salaries were raised before the SOCC. The SOCC recommended no reduction in the current salary for the Justices of the Supreme Court.
The 2009 SOCC salary and expense allowance recommendations are:
Office Proposed Salary Proposed Expense Allowance
Governor $159,300 $54,000
Lieutenant Governor $111,510 $18,000
Attorney General $112,410 n/a
Secretary of State $112,410 n/a
Justice $164,610 n/a
Legislator $71,685 $10,000
The 2009 SOCC legislative supplemental salary recommendations are:
Office Supplement
Speaker of the House $27,000
Senate Majority Leader $26,000
Minority Leader-House and Senate $22,000
Majority Floor Leader-House and Senate $12,000
Minority Floor Leader-House and Senate $10,000
Appropriations Committee Chair-House and Senate $7,000
Speaker Pro Tempore-House and Senate $5,513
Pursuant to Article 4, Section 12, of the Michigan Constitution, if approved by the Legislature, these recommendations would take effect for the legislative session immediately following the 2010 general election (January 2011).
Richard J. Brown
Clerk of the House of Representatives
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Government Operations, by Rep. Constan, Chair, reported
Senate Concurrent Resolution No. 6.
A concurrent resolution to urge the government of Turkey to cease all discrimination against the Ecumenical Patriarchate.
(For text of concurrent resolution, see today’s Journal, p. 438.)
With the recommendation that the concurrent resolution be adopted.
Favorable Roll Call
To Report Out:
Yeas: Reps. Constan, Liss, Corriveau, Slezak, Walsh and McMillin
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Constan, Chair, of the Committee on Government Operations, was received and read:
Meeting held on: Tuesday, March 24, 2009
Present: Reps. Constan, Liss, Corriveau, Slezak, Walsh and McMillin
Absent: Reps. Simpson, Warren and Daley
Excused: Reps. Simpson, Warren and Daley
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Mayes, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Tuesday, March 24, 2009
Present: Reps. Mayes, Geiss, Lisa Brown, Clemente, Ebli, Huckleberry, Johnson, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Marleau, Opsommer, Proos, Wayne Schmidt and Schuitmaker
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Corriveau, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, March 24, 2009
Present: Reps. Corriveau, Segal, Byrum, Coulouris, Donigan, Johnson, Liss, Neumann, Roy Schmidt, Simpson, Slavens, Valentine, Womack, Marleau, Ball, Calley, Crawford, Denby, Green, Moore and Paul Scott
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Polidori, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:
Meeting held on: Tuesday, March 24, 2009
Present: Reps. Polidori, Roberts, Byrnes, Liss, Roy Schmidt, Rick Jones, Agema, Amash and Kurtz
Introduction of Bills
Reps. DeShazor, Kurtz, Robert Jones, Nathan, Durhal, Young, Stanley, Bledsoe, Kandrevas, Scripps, Miller, Bettie Scott, Gregory, Genetski, Smith, Bolger, Moore, Rocca, Proos, Crawford, Calley, Denby, Caul, Pavlov, Polidori, Gonzales, Johnson, Dean, Wayne Schmidt, Ball, Pearce, Moss, Agema, Haines, Tyler, Lori, Paul Scott, Lemmons, Roy Schmidt, Meltzer, Kowall, Knollenberg, Rick Jones, Hansen, Sheltrown, Leland, Tlaib, Donigan, Clemente and Cushingberry introduced
House Bill No. 4675, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2007 PA 154.
The bill was read a first time by its title and referred to the Committee on Labor.
Reps. Kurtz, Proos, Pavlov, Caul, Elsenheimer, Pearce, Paul Scott, Daley, Moore, Rick Jones, Bolger, Crawford, Polidori, Terry Brown, Stanley, Bledsoe, Durhal, Liss, Lund and Opsommer introduced
House Bill No. 4676, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7kk (MCL 211.7kk), as added by 2006 PA 612.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Warren, Meekhof, Espinoza, Bennett, Young, Scripps, Miller, Lipton, Roberts, Smith, Bauer, Robert Jones, Valentine, Leland and Cushingberry introduced
House Bill No. 4677, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2005, 2030, 2035, 74101, 74102a, 74116, 74117, 74122, 74123, 78105, and 83106 (MCL 324.2005, 324.2030, 324.2035, 324.74101, 324.74102a, 324.74116, 324.74117, 324.74122, 324.74123, 324.78105, and 324.83106), sections 2005, 2030, and 2035 as added and sections 74101, 74122, 78105, and 83106 as amended by 2004 PA 587, section 74102a as amended by 2006 PA 307, sections 74116 and 74123 as added by 1995 PA 58, and section 74117 as amended by 2006 PA 477, and by adding sections 1911 and 2045; 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. Meekhof, Warren, Espinoza, Bennett, Young, Scripps, Miller, Lipton, Roberts, Smith, Bauer, Robert Jones, Valentine, Leland and Cushingberry introduced
House Bill No. 4678, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 805.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Reps. Haugh, Slezak, Gregory, Nathan, Roy Schmidt, Huckleberry, Kennedy, Womack, Young, Barnett, Bledsoe, Slavens, Durhal, Stanley, Byrum, Segal, Geiss, Kandrevas, Wayne Schmidt, Miller and Liss introduced
House Bill No. 4679, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 254.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Meadows introduced
House Bill No. 4680, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3135 (MCL 500.3135), as amended by 2002 PA 697.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Wayne Schmidt moved that the House adjourn.
The motion prevailed, the time being 5:00 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, March 25, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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