No. 64

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

House Chamber, Lansing, Thursday, July 16, 2009.

12:00 Noon.

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 not present.

Rep. Pam Byrnes, from the 52nd District, offered the following invocation:

“Creator, open our hearts to peace and healing between all people.

Creator, open our hearts to provide and protect for all children of the earth.

Creator, open our hearts to respect for the earth, and all the gifts of the earth.

Creator, open our hearts to end exclusion, violence, and fear among all.

Thank You for the gifts of this day and every day. Amen.”

Motions and Resolutions

Reps. Haines, Hildenbrand, Agema, Moss, Green, Rogers, Booher, Denby, Kowall, Meekhof, Pavlov, Rocca, Knollenberg, Genetski and Tyler offered the following concurrent resolution:

House Concurrent Resolution No. 25.

A concurrent resolution to memorialize Congress to correct the inequities that exist in federal spending among the states.

Whereas, Michigan has historically received far less from the federal government than it sends each year to Washington, D.C. The scope of this negative return is greater than almost all of the other states, with Michigan ranked forty-fifth in the percentage of federal spending in our state when compared to the federal tax dollars returned to the other states through federal expenditures; and

Whereas, According to data from the 2007 fiscal year, Michigan received $7,114 per capita, while the national per capita average was $8,339. If Michigan had received the national per capita figure, it would have received more than $13.7 billion more in federal funds for the year. While this amount fluctuates, the fact that Michigan receives far less than it contributes does not; and

Whereas, With the erosion of the manufacturing sector that for many years was the driving engine of America, Michigan has been at the epicenter of the economic collapse. Our nation’s worst unemployment level expresses the depth of the state’s difficulties; and

Whereas, As the border state with the busiest international crossings with Canada and as the state with the strongest stake in the quality and security of country’s largest source of fresh water, Michigan will continue to play a pivotal role in shaping our nation’s future; and

Whereas, The enormous disparity between what this state receives compared to what it contributes to the federal treasury has always represented a crushing burden to the taxpayers of this state. At this difficult time in history, as we grapple with our lifetime’s most pressing economic challenges, this inequity can no longer be ignored. Michigan cannot continue to underwrite, in effect, the economies of the states that receive more than they send to Washington; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize Congress to correct the inequities that exist in federal spending among the states, especially as this impacts the state of Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the Speaker of the United States House of Representatives, the President of the United States Senate, and members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on Government Operations.

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 Thursday, July 16:

House Bill Nos. 5202 5203

Senate Bill Nos. 681 682 683 684 685 686 687 688 689 690 691 692 693 694

695 696 697 698 699 700 701 702 703 704 705 706 707 708

709 710 711 712

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Byrnes, Chair, of the Committee on Transportation, was received and read:

Meeting held on: Thursday, July 16, 2009

Present: Reps. Byrnes, Kandrevas, Geiss, Haugh, Leland, Roy Schmidt, Young, Opsommer and DeShazor

Absent: Reps. Donigan, Griffin, Nerat, Bolger, Knollenberg, Pearce, Wayne Schmidt and Paul Scott

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Byrum, Chair, of the Committee on Insurance, was received and read:

Meeting held on: Thursday, July 16, 2009

Present: Reps. Byrum, Young, Constan, Neumann, Polidori, Segal, Denby, Green, Lund and Marleau

Absent: Reps. Lemmons, Lipton, Sheltrown, Womack, Haveman, Moore and Rocca

Excused: Reps. Lemmons, Lipton, Sheltrown, Womack, Haveman, Moore and Rocca

Communications from State Officers

The following communication from the Department of Treasury was received and read:

July 15, 2009

Please find attached one copy of the Personal Property Audit Quarterly Report for the period April 1, 2009-June 30, 2009. The report is required by Public Act 261 of 2008, the General Government Appropriations Act. Section 947 of the Act provides, in part, as follows:

(1) Of the $4,749,200.00 included in part 1 for the revenue enhancement program, $4,249,200.00 shall be used for revenue collection enhancement activities including auditing functions.

(2) The department of treasury shall submit quarterly progress reports to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies, regarding personal property tax audits funded under subsection (1). The report shall include the number of audits, revenue generated, and number of complaints received by the department related to the audits.

Frederick Headen, Director

Bureau of Local Government Services

The communication was referred to the Clerk.

Introduction of Bills

Reps. Agema, Hildenbrand, Haines, Proos, Rogers, Genetski, Booher, Lemmons, Horn, Denby, Meekhof, Dean, Opsommer and Moss introduced

House Bill No. 5204, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2977.

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

Rep. Robert Jones introduced

House Bill No. 5205, entitled

A bill to authorize the state administrative board to convey certain interests in property in Kalamazoo county; to prescribe certain conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.

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

Rep. Robert Jones introduced

House Bill No. 5206, entitled

A bill to authorize the state administrative board to convey certain state owned property in Kalamazoo county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget in implementing the conveyance; and to provide for disposition of revenue derived from the conveyance.

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

Rep. Robert Jones introduced

House Bill No. 5207, entitled

A bill to authorize the state administrative board to accept and convey certain real property in Kalamazoo county; to prescribe certain conditions for the acceptance and conveyance; and to provide for disposition of the revenue derived from the conveyance.

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

Reps. Haveman, Rogers, Genetski, Hansen, Kowall, Proos, Wayne Schmidt, Daley, McMillin, Booher, DeShazor, Kurtz, Bolger, Lori, Tyler, Denby and Moss introduced

House Bill No. 5208, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 10, 15, 54, and 62 (MCL 421.10, 421.15, 421.54, and 421.62), section 10 as amended by 2003 PA 84, section 15 as amended by 1996 PA 498, section 54 as amended by 2002 PA 192, and section 62 as amended by 1995 PA 125.

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

Rep. McMillin introduced

House Bill No. 5209, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20919 (MCL 333.20919), as amended by 2006 PA 582.

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

Reps. Slavens, Constan, Nerat, Liss, Neumann, Polidori, Kandrevas, Slezak, Lisa Brown, Nathan, Barnett, Roberts and Clemente introduced

House Bill No. 5210, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11b (MCL 400.11b), as amended by 2000 PA 61.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.

Reps. Donigan, Lisa Brown, Meadows, Haase, Barnett, Polidori, Bauer, Warren and Byrnes introduced

House Bill No. 5211, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending sections 203 and 501 (MCL 125.3203 and 125.3501), section 501 as amended by 2008 PA 12.

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

Reps. Donigan, Lisa Brown, Meadows, Haase, Barnett, Polidori, Bauer, Warren and Byrnes introduced

House Bill No. 5212, entitled

A bill to amend 2008 PA 33, entitled “Michigan planning enabling act,” by amending sections 3, 31, 33, 39, and 41 (MCL 125.3803, 125.3831, 125.3833, 125.3839, and 125.3841).

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

Reps. Donigan, Bauer, Gonzales, Robert Jones, Coulouris and Barnett introduced

House Bill No. 5213, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7523, 7524, and 7524a (MCL 333.7523, 333.7524, and 333.7524a), section 7523 as amended by 2006 PA 130, section 7524 as amended by 2006 PA 558, and section 7524a as amended by 1994 PA 8.

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

Reps. Geiss, Bledsoe, Young, Durhal, LeBlanc, Tlaib and Meadows introduced

House Bill No. 5214, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 2 (MCL 15.232), as amended by 1996 PA 553.

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

______

Rep. Angerer announced that pursuant to House Rule 1(2), the House will stand adjourned until Tuesday, July 28, at 1:30 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, July 28, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives

1316 JOURNAL OF THE HOUSE [July 16, 2009] [No. 64

No. 64] [July 16, 2009] JOURNAL OF THE HOUSE 1317

1318 JOURNAL OF THE HOUSE [July 16, 2009] [No. 64