No. 71

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

House Chamber, Lansing, Wednesday, September 9, 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—excused 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—e/d/s Moss—present Switalski—present

Crawford—present Johnson—present Nathan—present Tlaib—present

Cushingberry—present Jones, Rick—present Nerat—excused 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. John Proos, from the 79th District, offered the following invocation:

“Heavenly Father, we stand in this chamber today humbled by the many gifts that You have bestowed on each of us, our families, our communities and our state. We are grateful for the rains and sun that bring abundant fruits, grains and vegetables to our table and nourishment to fulfill Your will.

Yet we also stand with concern for our future and ask that You grace each of us with a sense of hope that our future will be secure in Your hands.

As St. Paul wrote in his letter to the Romans (Rom. 5:3-5), ‘And we rejoice in the hope of the glory of God. Not only so but we also rejoice in our sufferings, because we know that suffering produces perseverance, perseverance character and character hope. And hope does not disappoint us, because God has poured out His love into our hearts by the Holy Spirit, whom He has given us.’

Lord help us to remain hopeful for our future.

In a special way we ask that You bless and protect the men and women who are serving our nation proudly throughout our one world.

In Your Heavenly name we pray,

Amen.”

______

Rep. Segal moved that Reps. Bennett and Nerat be excused from today’s session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4199, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 41325.

(The bill was received from the Senate on September 2, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 70, p. 1448.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 406 Yeas—85

Angerer Donigan Kennedy Rogers

Ball Durhal Kowall Schmidt, R.

Barnett Ebli Lahti Schmidt, W.

Bauer Elsenheimer LeBlanc Schuitmaker

Bledsoe Espinoza Leland Scott, B.

Bolger Geiss Lemmons Scott, P.

Booher Gonzales Lindberg Scripps

Brown, L. Gregory Lipton Segal

Brown, T. Griffin Liss Sheltrown

Byrnes Haase Lori Simpson

Byrum Haines Mayes Slavens

Calley Hammel McDowell Slezak

Caul Hansen Meadows Smith

Clemente Haugh Melton Spade

Constan Hildenbrand Miller Stanley

Corriveau Horn Moore Switalski

Coulouris Huckleberry Nathan Tlaib

Crawford Johnson Neumann Valentine

Cushingberry Jones, Rick Polidori Warren

Dean Jones, Robert Roberts Womack

DeShazor Kandrevas Rocca Young

Dillon

Nays—22

Agema Haveman Meekhof Pearce

Amash Knollenberg Meltzer Proos

Daley Kurtz Moss Stamas

Denby Lund Opsommer Tyler

Genetski Marleau Pavlov Walsh

Green McMillin

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. 4325, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding sections 14, 14a, 14b, 14c, and 14d.

The bill was read a second time.

Rep. Spade moved to amend the bill as follows:

1. Amend page 1, line 4, after “ACT.” by inserting “EQUIPMENT IS NOT SUBJECT TO FORFEITURE BY REASON OF ANY ACT OR OMISSION ESTABLISHED BY THE OWNER OF THAT EQUIPMENT TO HAVE BEEN COMMITTED OR OMITTED WITHOUT THE OWNER’S KNOWLEDGE OR CONSENT.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Spade moved to amend the bill as follows:

1. Amend page 11, line 6, after “effect” by striking out the balance of the enacting section and inserting “January 1, 2010.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Spade moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Segal 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. 4325, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding sections 14, 14a, 14b, 14c, and 14d.

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

Roll Call No. 407 Yeas—104

Agema Durhal Kurtz Roberts

Angerer Ebli LeBlanc Rocca

Ball Elsenheimer Leland Rogers

Barnett Espinoza Lemmons Schmidt, R.

Bauer Geiss Lindberg Schmidt, W.

Bledsoe Genetski Lipton Schuitmaker

Bolger Gonzales Liss Scott, B.

Booher Green Lori Scott, P.

Brown, L. Gregory Lund Scripps

Brown, T. Griffin Marleau Segal

Byrnes Haase Mayes Sheltrown

Byrum Haines McDowell Simpson

Calley Hammel Meadows Slavens

Caul Hansen Meekhof Slezak

Clemente Haugh Melton Smith

Constan Haveman Meltzer Spade

Corriveau Hildenbrand Miller Stamas

Coulouris Horn Moore Stanley

Crawford Huckleberry Moss Switalski

Cushingberry Johnson Nathan Tlaib

Daley Jones, Rick Neumann Tyler

Dean Jones, Robert Opsommer Valentine

Denby Kandrevas Pavlov Walsh

DeShazor Kennedy Pearce Warren

Dillon Knollenberg Polidori Womack

Donigan Kowall Proos Young

Nays—3

Amash Lahti McMillin

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Segal 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. 4326, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2002 PA 124.

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. 63, p. 1306),

The amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Gonzales moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Gonzales moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Segal 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. 4326, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2002 PA 124.

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

Roll Call No. 408 Yeas—105

Agema Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Genetski Lipton Schmidt, W.

Bledsoe Gonzales Liss Schuitmaker

Bolger Green Lori Scott, B.

Booher Gregory Lund Scott, P.

Brown, L. Griffin Marleau Scripps

Brown, T. Haase Mayes Segal

Byrnes Haines McDowell Sheltrown

Byrum Hammel McMillin Simpson

Calley Hansen Meadows Slavens

Caul Haugh Meekhof Slezak

Clemente Haveman Melton Smith

Constan Hildenbrand Meltzer Spade

Corriveau Horn Miller Stamas

Coulouris Huckleberry Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Neumann Tyler

Dean Kandrevas Opsommer Valentine

Denby Kennedy Pavlov Walsh

DeShazor Knollenberg Pearce Warren

Dillon Kowall Polidori Womack

Donigan Kurtz Proos Young

Durhal

Nays—2

Amash Lahti

In The Chair: Byrnes

The question being on agreeing to the title of the bill,

Rep. Segal moved to amend the title to read as follows:

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 motion prevailed.

The House agreed to the title as amended.

Rep. Segal 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. 4731, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 5 (MCL 445.65), as amended by 2006 PA 246.

The bill was read a second time.

Rep. Meadows moved to amend the bill as follows:

1. Amend page 3, following line 4, by inserting:

“Enacting section 1. This amendatory act takes effect January 1, 2010.” and renumbering the remaining enacting section.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Corriveau moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Segal 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. 4731, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 5 (MCL 445.65), as amended by 2006 PA 246.

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

Roll Call No. 409 Yeas—107

Agema Durhal Lahti Roberts

Amash Ebli LeBlanc Rocca

Angerer Elsenheimer Leland Rogers

Ball Espinoza Lemmons Schmidt, R.

Barnett Geiss Lindberg Schmidt, W.

Bauer Genetski Lipton Schuitmaker

Bledsoe Gonzales Liss Scott, B.

Bolger Green Lori Scott, P.

Booher Gregory Lund Scripps

Brown, L. Griffin Marleau Segal

Brown, T. Haase Mayes Sheltrown

Byrnes Haines McDowell Simpson

Byrum Hammel McMillin Slavens

Calley Hansen Meadows Slezak

Caul Haugh Meekhof Smith

Clemente Haveman Melton Spade

Constan Hildenbrand Meltzer Stamas

Corriveau Horn Miller Stanley

Coulouris Huckleberry Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Neumann Valentine

Dean Kandrevas Opsommer Walsh

Denby Kennedy Pavlov Warren

DeShazor Knollenberg Pearce Womack

Dillon Kowall Polidori Young

Donigan Kurtz Proos

Nays—0

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Segal moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Espinoza to the Chair.

Second Reading of Bills

House Bill No. 4732, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 12c.

The bill was read a second time.

Rep. Meadows moved to amend the bill as follows:

1. Amend page 2, following line 22, by inserting:

“Enacting section 1. This amendatory act takes effect January 1, 2010.” and renumbering the remaining enacting section.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Valentine moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Segal 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. 4732, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 12c.

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

Roll Call No. 410 Yeas—98

Angerer Durhal LeBlanc Rocca

Ball Ebli Leland Rogers

Barnett Elsenheimer Lemmons Schmidt, R.

Bauer Espinoza Lindberg Schmidt, W.

Bledsoe Geiss Lipton Schuitmaker

Bolger Gonzales Liss Scott, B.

Booher Green Lori Scott, P.

Brown, L. Gregory Lund Scripps

Brown, T. Griffin Marleau Segal

Byrnes Haase Mayes Sheltrown

Byrum Hammel McDowell Simpson

Calley Hansen Meadows Slavens

Caul Haugh Melton Slezak

Clemente Haveman Miller Smith

Constan Hildenbrand Moore Spade

Corriveau Horn Moss Stamas

Coulouris Huckleberry Nathan Stanley

Crawford Johnson Neumann Switalski

Cushingberry Jones, Rick Opsommer Tlaib

Daley Jones, Robert Pavlov Tyler

Dean Kandrevas Pearce Valentine

Denby Kennedy Polidori Warren

DeShazor Kowall Proos Womack

Dillon Kurtz Roberts Young

Donigan Lahti

Nays—9

Agema Haines McMillin Meltzer

Amash Knollenberg Meekhof Walsh

Genetski

In The Chair: Espinoza

The House agreed to the title of the bill.

Rep. Segal 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. 4733, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 12d.

The bill was read a second time.

Rep. Meadows moved to amend the bill as follows:

1. Amend page 1, following line 6, by inserting:

“Enacting section 1. This amendatory act takes effect January 1, 2010.” and renumbering the remaining enacting section.

The motion prevailed and the amendment 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. Segal 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. 4733, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 12d.

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

Roll Call No. 411 Yeas—68

Angerer Durhal Leland Schmidt, R.

Barnett Ebli Lemmons Scott, B.

Bauer Espinoza Lindberg Scripps

Bledsoe Geiss Lipton Segal

Bolger Gonzales Liss Sheltrown

Brown, L. Gregory Lori Simpson

Brown, T. Griffin Mayes Slavens

Byrnes Haase McDowell Slezak

Byrum Hammel Meadows Smith

Clemente Haugh Melton Spade

Constan Huckleberry Miller Stanley

Corriveau Johnson Nathan Switalski

Coulouris Jones, Robert Neumann Tlaib

Cushingberry Kandrevas Pearce Valentine

Dean Kennedy Polidori Warren

Dillon Lahti Roberts Womack

Donigan LeBlanc Rocca Young

Nays—39

Agema Elsenheimer Kowall Pavlov

Amash Genetski Kurtz Proos

Ball Green Lund Rogers

Booher Haines Marleau Schmidt, W.

Calley Hansen McMillin Schuitmaker

Caul Haveman Meekhof Scott, P.

Crawford Hildenbrand Meltzer Stamas

Daley Horn Moore Tyler

Denby Jones, Rick Moss Walsh

DeShazor Knollenberg Opsommer

In The Chair: Espinoza

The House agreed to the title of the bill.

Rep. Segal moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Jackson entered the House Chambers.

Second Reading of Bills

House Bill No. 4730, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 4a, 33b, and 64a (MCL 780.754a, 780.783b, and 780.814a), as added by 2004 PA 456.

The bill was read a second time.

Rep. Meadows moved to amend the bill as follows:

1. Amend page 2, following line 25, by inserting:

“Enacting section 1. This amendatory act takes effect January 1, 2010.” and renumbering the remaining enacting section.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Bolger moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Segal moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Segal moved that Rep. Cushingberry be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4730, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 4a, 33b, and 64a (MCL 780.754a, 780.783b, and 780.814a), as added by 2004 PA 456.

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

Roll Call No. 412 Yeas—107

Agema Ebli Lahti Roberts

Amash Elsenheimer LeBlanc Rocca

Angerer Espinoza Leland Rogers

Ball Geiss Lemmons Schmidt, R.

Barnett Genetski Lindberg Schmidt, W.

Bauer Gonzales Lipton Schuitmaker

Bledsoe Green Liss Scott, B.

Bolger Gregory Lori Scott, P.

Booher Griffin Lund Scripps

Brown, L. Haase Marleau Segal

Brown, T. Haines Mayes Sheltrown

Byrnes Hammel McDowell Simpson

Byrum Hansen McMillin Slavens

Calley Haugh Meadows Slezak

Caul Haveman Meekhof Smith

Clemente Hildenbrand Melton Spade

Constan Horn Meltzer Stamas

Corriveau Huckleberry Miller Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Neumann Valentine

Denby Kandrevas Opsommer Walsh

DeShazor Kennedy Pavlov Warren

Dillon Knollenberg Pearce Womack

Donigan Kowall Polidori Young

Durhal Kurtz Proos

Nays—0

In The Chair: Espinoza

The House agreed to the title of the bill.

Rep. Segal 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. 4734, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 12a (MCL 445.72a), as added by 2006 PA 566.

The bill was read a second time.

Rep. Meadows moved to amend the bill as follows:

1. Amend page 2, following line 18, by inserting:

“Enacting section 1. This amendatory act takes effect January 1, 2010.” and renumbering the remaining enacting section.

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. Segal 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. 4734, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 12a (MCL 445.72a), as added by 2006 PA 566.

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

Roll Call No. 413 Yeas—108

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.

Bledsoe Gonzales Lipton Schuitmaker

Bolger Green Liss Scott, B.

Booher Gregory Lori Scott, P.

Brown, L. Griffin Lund Scripps

Brown, T. Haase Marleau Segal

Byrnes Haines Mayes Sheltrown

Byrum Hammel McDowell Simpson

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Haveman Meekhof Smith

Constan Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Miller Stanley

Crawford Jackson Moore Switalski

Cushingberry Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Neumann Valentine

Denby Kandrevas Opsommer Walsh

DeShazor Kennedy Pavlov Warren

Dillon Knollenberg Pearce Womack

Donigan Kowall Polidori Young

Nays—0

In The Chair: Espinoza

The House agreed to the title of the bill.

Rep. Segal 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. 4735, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 11a.

The bill was read a second time.

Rep. Meadows moved to amend the bill as follows:

1. Amend page 2, following line 22, by inserting:

“Enacting section 1. This amendatory act takes effect January 1, 2010.” and renumbering the remaining enacting section.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Jackson moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Segal 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. 4735, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 11a.

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

Roll Call No. 414 Yeas—78

Angerer Donigan LeBlanc Schmidt, R.

Ball Durhal Leland Scott, B.

Barnett Ebli Lemmons Scott, P.

Bauer Espinoza Lindberg Scripps

Bledsoe Geiss Lipton Segal

Bolger Gonzales Liss Sheltrown

Brown, L. Green Lori Simpson

Brown, T. Gregory Marleau Slavens

Byrnes Griffin Mayes Slezak

Byrum Haase McDowell Smith

Clemente Haines Meadows Spade

Constan Hammel Melton Stanley

Corriveau Haugh Miller Switalski

Coulouris Huckleberry Nathan Tlaib

Crawford Jackson Neumann Valentine

Cushingberry Johnson Polidori Walsh

Dean Jones, Robert Roberts Warren

Denby Kandrevas Rocca Womack

DeShazor Kennedy Rogers Young

Dillon Lahti

Nays—30

Agema Hansen Lund Pavlov

Amash Haveman McMillin Pearce

Booher Hildenbrand Meekhof Proos

Calley Horn Meltzer Schmidt, W.

Caul Jones, Rick Moore Schuitmaker

Daley Knollenberg Moss Stamas

Elsenheimer Kowall Opsommer Tyler

Genetski Kurtz

In The Chair: Espinoza

The House agreed to the title of the bill.

Rep. Segal 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. 4736, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1a of chapter IX (MCL 769.1a), as amended by 1998 PA 231, and by adding section 30 to chapter IV.

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

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

Rep. Meadows moved to amend the bill as follows:

1. Amend page 8, following line 16, by inserting:

“Enacting section 1. This amendatory act takes effect January 1, 2010.” and renumbering the remaining enacting section.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Segal 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. 4736, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1a of chapter IX (MCL 769.1a), as amended by 1998 PA 231, and by adding section 30 to chapter IV.

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

Roll Call No. 415 Yeas—107

Agema Ebli Lahti Roberts

Amash Elsenheimer LeBlanc Rocca

Angerer Espinoza Leland Rogers

Ball Geiss Lemmons Schmidt, R.

Barnett Genetski Lindberg Schmidt, W.

Bauer Gonzales Lipton Schuitmaker

Bledsoe Green Liss Scott, B.

Bolger Gregory Lori Scott, P.

Booher Griffin Lund Scripps

Brown, L. Haase Marleau Segal

Brown, T. Haines Mayes Sheltrown

Byrnes Hammel McDowell Simpson

Byrum Hansen McMillin Slavens

Calley Haugh Meadows Slezak

Caul Haveman Meekhof Smith

Clemente Hildenbrand Melton Spade

Constan Horn Meltzer Stamas

Corriveau Huckleberry Miller Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Neumann Valentine

Denby Kandrevas Opsommer Walsh

DeShazor Kennedy Pavlov Warren

Dillon Knollenberg Pearce Womack

Donigan Kowall Polidori Young

Durhal Kurtz Proos

Nays—0

In The Chair: Espinoza

The question being on agreeing to the title of the bill,

Rep. Segal moved to amend the title to read as follows:

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1a of chapter IX (MCL 769.1a), as amended by 2009 PA 27, and by adding section 30 to chapter IV.

The motion prevailed.

The House agreed to the title as amended.

Rep. Segal 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. 4737, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 4a, 16, 33b, 44, 64a, and 76 (MCL 780.754a, 780.766, 780.783b, 780.794, 780.814a, and 780.826), sections 4a, 33b, and 64a as added by 2004 PA 456 and sections 16, 44, and 76 as amended by 2005 PA 184.

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

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

Rep. Meadows moved to amend the bill as follows:

1. Amend page 32, following line 18, by inserting:

“Enacting section 1. This amendatory act takes effect January 1, 2010.” and renumbering the remaining enacting section.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Lori moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Segal 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. 4737, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 4a, 16, 33b, 44, 64a, and 76 (MCL 780.754a, 780.766, 780.783b, 780.794, 780.814a, and 780.826), sections 4a, 33b, and 64a as added by 2004 PA 456 and sections 16, 44, and 76 as amended by 2005 PA 184.

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

Roll Call No. 416 Yeas—108

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.

Bledsoe Gonzales Lipton Schuitmaker

Bolger Green Liss Scott, B.

Booher Gregory Lori Scott, P.

Brown, L. Griffin Lund Scripps

Brown, T. Haase Marleau Segal

Byrnes Haines Mayes Sheltrown

Byrum Hammel McDowell Simpson

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Haveman Meekhof Smith

Constan Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Miller Stanley

Crawford Jackson Moore Switalski

Cushingberry Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Neumann Valentine

Denby Kandrevas Opsommer Walsh

DeShazor Kennedy Pavlov Warren

Dillon Knollenberg Pearce Womack

Donigan Kowall Polidori Young

Nays—0

In The Chair: Espinoza

The question being on agreeing to the title of the bill,

Rep. Segal moved to amend the title to read as follows:

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 4a, 16, 33b, 44, 64a, and 76 (MCL 780.754a, 780.766, 780.783b, 780.794, 780.814a, and 780.826), sections 4a, 33b, and 64a as added by 2004 PA 456 and sections 16, 44, and 76 as amended by 2009 PA 28.

The motion prevailed.

The House agreed to the title as amended.

Rep. Segal 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. 4738, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 30 and 31 of chapter XIIA (MCL 712A.30 and 712A.31), as amended by 1996 PA 561.

The bill was read a second time.

Rep. Meadows moved to amend the bill as follows:

1. Amend page 9, following line 16, by inserting:

“Enacting section 1. This amendatory act takes effect January 1, 2010.” and renumbering the remaining enacting section.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Terry Brown moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Segal 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. 4738, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 30 and 31 of chapter XIIA (MCL 712A.30 and 712A.31), as amended by 1996 PA 561.

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

Roll Call No. 417 Yeas—108

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.

Bledsoe Gonzales Lipton Schuitmaker

Bolger Green Liss Scott, B.

Booher Gregory Lori Scott, P.

Brown, L. Griffin Lund Scripps

Brown, T. Haase Marleau Segal

Byrnes Haines Mayes Sheltrown

Byrum Hammel McDowell Simpson

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Haveman Meekhof Smith

Constan Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Miller Stanley

Crawford Jackson Moore Switalski

Cushingberry Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Neumann Valentine

Denby Kandrevas Opsommer Walsh

DeShazor Kennedy Pavlov Warren

Dillon Knollenberg Pearce Womack

Donigan Kowall Polidori Young

Nays—0

In The Chair: Espinoza

The House agreed to the title of the bill.

Rep. Segal 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. 4729, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 14; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Reps. Opsommer and Miller moved to amend the bill as follows:

1. Amend page 1, line 6, after “OF” by striking out “9” and inserting “11”.

2. Amend page 2, line 16, after “COMMUNITY,” by striking out the balance of the line through “GOVERNOR.” on line 17 and inserting “1 APPOINTED BY THE GOVERNOR FROM A LIST OF 3 OR MORE NOMINEES SUBMITTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND 1 APPOINTED BY THE GOVERNOR FROM A LIST OF 3 OR MORE NOMINEES SUBMITTED BY THE MAJORITY LEADER OF THE SENATE.”.

3. Amend page 2, following line 17, by inserting:

“(G) TWO MEMBERS OF THE NONPROFIT COMMUNITY FROM ORGANIZATIONS WHOSE MISSIONS DEAL SUBSTANTIALLY WITH PROTECTING CONSUMER PRIVACY, 1 APPOINTED BY THE GOVERNOR FROM A LIST OF 3 OR MORE NOMINEES SUBMITTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND 1 APPOINTED BY THE GOVERNOR FROM A LIST OF 3 OR MORE NOMINEES SUBMITTED BY THE MAJORITY LEADER OF THE SENATE.”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Segal 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. 4729, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 14; and to repeal acts and parts of acts.

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

Roll Call No. 418 Yeas—103

Angerer Ebli Lahti Rocca

Ball Elsenheimer LeBlanc Rogers

Barnett Espinoza Leland Schmidt, R.

Bauer Geiss Lemmons Schmidt, W.

Bledsoe Gonzales Lindberg Schuitmaker

Bolger Green Lipton Scott, B.

Booher Gregory Liss Scott, P.

Brown, L. Griffin Lori Scripps

Brown, T. Haase Lund Segal

Byrnes Haines Marleau Sheltrown

Byrum Hammel Mayes Simpson

Calley Hansen McDowell Slavens

Caul Haugh Meadows Slezak

Clemente Haveman Meekhof Smith

Constan Hildenbrand Melton Spade

Corriveau Horn Miller Stamas

Coulouris Huckleberry Moore Stanley

Crawford Jackson Moss Switalski

Cushingberry Johnson Nathan Tlaib

Daley Jones, Rick Neumann Tyler

Dean Jones, Robert Opsommer Valentine

Denby Kandrevas Pavlov Walsh

DeShazor Kennedy Pearce Warren

Dillon Knollenberg Polidori Womack

Donigan Kowall Proos Young

Durhal Kurtz Roberts

Nays—5

Agema Genetski McMillin Meltzer

Amash

In The Chair: Espinoza

The House agreed to the title of the bill.

Rep. Segal moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Thursday, September 3:

House Bill Nos. 5285 5286 5287 5288 5289 5290 5291 5292 5293 5294 5295 5296 5297 5298

5299 5300 5301 5302 5303 5304 5305 5306 5307 5308 5309 5310 5311 5312

5313 5314 5315 5316 5317

House Joint Resolution BB

The Clerk announced that the following Senate bill had been received on Wednesday, September 9:

Senate Bill No. 589

Notices

Pursuant to Rule 41, the Speaker has made the following reassignments:

House Bill No. 5298 referred to the Committee on Families and Children’s Services on September 3, 2009.

House Bill No. 5299 referred to the Committee on Families and Children’s Services on September 3, 2009.

House Bill No. 5311 referred to the Committee on Judiciary on September 3, 2009.

House Bill No. 5307 referred to the Committee on Appropriations on September 9, 2009.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Families and Children’s Services, by Rep. Valentine, Chair, reported

House Bill No. 5298, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1148 (MCL 380.1148).

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. Valentine, Womack, Liss, Neumann, Slavens, Kurtz, McMillin, Moore and Pavlov

Nays: None

The Committee on Families and Children’s Services, by Rep. Valentine, Chair, reported

House Bill No. 5299, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2009 PA 73.

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. Valentine, Womack, Liss, Neumann, Slavens, Kurtz, McMillin, Moore and Pavlov

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Valentine, Chair, of the Committee on Families and Children’s Services, was received and read:

Meeting held on: Wednesday, September 9, 2009

Present: Reps. Valentine, Womack, Liss, Neumann, Slavens, Kurtz, McMillin, Moore and Pavlov

The Committee on Tax Policy, by Rep. Ebli, Chair, reported

House Bill No. 5295, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 261 (MCL 208.1261).

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. Ebli, Melton, Barnett, Coulouris, Robert Jones, Kandrevas, Lipton, Mayes, Slezak, Warren, Calley, Kowall, Lund, Meekhof, Meltzer, Stamas and Walsh

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ebli, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, September 9, 2009

Present: Reps. Ebli, Melton, Barnett, Coulouris, Robert Jones, Kandrevas, Lipton, Mayes, Slezak, Warren, Calley, Kowall, Lund, Meekhof, Meltzer, Stamas and Walsh

The Committee on Senior Health, Security, and Retirement, by Rep. Neumann, Chair, reported

House Bill No. 5190, entitled

A bill to prescribe the senior medical alert as the official response to reports of certain missing persons; to provide for the broadcast of information regarding those incidents; and to provide for certain civil immunity.

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. Neumann, Slavens, Robert Jones, Lemmons, Ball, DeShazor and Tyler

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Neumann, Chair, of the Committee on Senior Health, Security, and Retirement, was received and read:

Meeting held on: Wednesday, September 9, 2009

Present: Reps. Neumann, Slavens, Constan, Robert Jones, Lemmons, Ball, DeShazor, Moore and Tyler

The Committee on Regulatory Reform, by Rep. Johnson, Chair, reported

House Bill No. 4640, entitled

A bill to amend 2003 PA 238, entitled “Michigan notary public act,” by amending section 25 (MCL 55.285), as amended by 2006 PA 426.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Johnson, Haugh, Griffin, Stanley, Rocca and Stamas

Nays: Rep. Bettie Scott

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Johnson, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, September 9, 2009

Present: Reps. Johnson, Haugh, Byrnes, Griffin, Melton, Bettie Scott, Stanley, Rocca, Crawford, Rick Jones and Stamas

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Byrnes, Chair, of the Committee on Public Employee Health Care Reform, was received and read:

Meeting held on: Thursday, September 3, 2009

Present: Reps. Byrnes, Melton, Haugh, Johnson, Lahti, Scripps, Segal, Stanley, Pavlov, Bolger, Genetski, Lori and Rogers

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Byrnes, Chair, of the Committee on Public Employee Health Care Reform, was received and read:

Meeting held on: Tuesday, September 8, 2009

Present: Reps. Byrnes, Melton, Haugh, Johnson, Lahti, Segal, Stanley, Pavlov, Bolger, Genetski, Lori and Rogers

Absent: Rep. Scripps

Excused: Rep. Scripps

Messages from the Senate

Senate Bill No. 589, entitled

A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending section 7a (MCL 252.307a), as added by 2006 PA 447.

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.

Messages from the Governor

The following message from the Governor was received September 9, 2009 and read:

EXECUTIVE ORDER

No. 2009 – 43

AMENDING EXECUTIVE ORDER 2009-36

EXECUTIVE REORGANIZATION

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive branch of state government or in the assignment of functions among its units that the Governor considers necessary for efficient administration;

WHEREAS, on July 13, 2009, Executive Order 2009-36 was issued, consolidating the functions of the Department of History, Arts, and Libraries among various other state departments that already perform similar or related functions to assure a more efficient and effective organization of the executive branch of state government;

WHEREAS, Executive Order 2009-36, by its terms, is effective October 1, 2009 and, until September 11, 2009, remains subject to a 60-day review period under Section 2 of Article V of the Michigan Constitution of 1963;

WHEREAS, the purpose and intent of Executive Order 2009-36 is to achieve essential cost savings while, to the extent feasible consistent with diminishing state revenues, preserving both the integrity of and public access to the vital collections and other public resources currently managed by the Department of History, Arts, and Libraries;

WHEREAS, the purpose and intent of Executive Order 2009-36 also is to protect and preserve important state treasures housed in the Michigan Library and Historical Center during a time of severe fiscal constraints;

WHEREAS, it is in the best interests of an efficient and effective government that Executive Order 2009-36 be amended;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. Section II.B.4 of Executive Order 2009-36 is amended to read as follows:

“4. The unclassified position of State Librarian created by Section 5 of the Library of Michigan Act, 1982 PA 540, MCL 397.15, is abolished. The Superintendent of Public Instruction, in cooperation with the Civil Service Commission if necessary, shall designate a qualified employee of the Department of Education to serve as the state librarian as soon as practicable.”

II. Section II.H.7 of Executive Order 2009-36 is amended to read as follows:

“7. The Director of the Department of Natural Resources shall supervise and administer the assigned functions transferred to the Department of Natural Resources under Section II.H of this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. To achieve efficient administration and effectuate necessary cost savings consistent with appropriations provided by law, the Director shall evaluate and implement measures designed to reduce expenditures, eliminate duplicative services, and generate revenue while protecting the core functions of the former Department of History, Arts, and Libraries transferred to the Department of Natural Resources. The guiding purpose of any and all such measures, consistent with the purpose and intent of this Order, shall be to strike a careful and prudent balance between the goal of achieving efficient administration and necessary cost savings and that of preserving and maintaining public access to the important and unique collections and resources entrusted to the former Department of History, Arts, and Libraries, including, but not limited to, Michigan’s Civil War and other military flags. Unless the Director determines it to be impracticable, the measures may include, but shall not be limited to, all of the following:

a. Instituting an admission fee for museum facilities and exhibits.

b. If the Department of History, Arts, and Libraries has not already done so, entering into a memorandum of understanding with a qualified non-profit organization, society, or foundation willing to assume responsibility for the publication of any or all magazines or journals published by the Department or taking other steps to eliminate the expenditure of state funds appropriated for the publications while preserving these important functions to the extent feasible.

c. Entering into a memorandum of understanding with a qualified non-profit organization, society, or foundation willing to assume responsibility for the staffing and operation of the museum store and for the development and operation of online sales of merchandise from, or related to, this state’s museums or archives, if the Director determines that such an agreement will reduce state expenditures or enhance state revenues and is otherwise in the best interests of this state.

d. If the Department of History, Arts, and Libraries has not already done so, entering into a memorandum of understanding with a qualified non-profit organization, society, or foundation willing to assume responsibility for the administration and preservation of the Michigan historical markers program under the Michigan Historical Markers Act, 1955 PA 10, MCL 399.151, if the Director determines that such an agreement will reduce state expenditures or enhance state revenues and is otherwise in the best interests of this state.

e. Depositing any state funds generated by such activities into the general fund of this state.

f. Taking such other measures as may be necessary or appropriate to limit expenditures consistent with available appropriations.”

III. Section II.B.8 of Executive Order 2009-36 is amended to read as follows:

“8. The Superintendent of Public Instruction shall administer the assigned functions transferred to the Department of Education under Section II.B of this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. To achieve efficient administration and effectuate necessary cost savings consistent with appropriations provided by law, the Library of Michigan shall evaluate and implement measures designed to reduce expenditures and eliminate duplicative services. Subject to available appropriations, the Library of Michigan shall focus on the provision of leadership and critical services to libraries and patrons throughout this state, including, but not limited to, all of the following:

a. Continuing this state’s vital role in maintaining and delivering online services to libraries around this state, including prioritizing the provision of services that affect libraries and their patrons throughout this state such as continued support for, and availability of, the Michigan eLibrary (MeL) and MelCat, the statewide online catalog and resource sharing systems.

b. Continuing state-level support for the cost savings and effective delivery of statewide library services achieved through the leadership of the Library of Michigan and the collaboration and resource sharing of libraries throughout this state.

c. Preserving important collections maintained by the Library of Michigan, including the Michigan Collection, the Rare Books Collection, and the Genealogy Collection.”

IV. Section II of Executive Order 2009-36 is amended to add the following new Section II.P to read as follows:

“P. Michigan Library and Historical Center

1. Subject to available appropriations, the Department of Education, the Department of Natural Resources, the Michigan Commission for the Blind, and other state department and agencies shall actively cooperate to facilitate the continued operation of the Michigan Library and Historical Center and the preservation of the important historical resources and library collections maintained at the Center on behalf of the People of the State of Michigan.”

IV. Section IV.A of Executive Order 2009-36 is amended to read as follows:

“A. The Michigan Center for Innovation and Reinvention Board is created as an advisory body within the Department of Natural Resources. The Board will, among other tasks, consider potential ideas to preserve and maximize the benefits to the public of the existing Michigan Library and Historical Center, including public input and scrutiny regarding the most effective delivery of state library and historical services and facilities including, but not limited to, collections, buildings, and skilled personnel. The Board shall recognize the importance of preserving unique historical assets and collections,including, but not limited to, Michigan’s Civil War and other military flags, the Michigan Collection, the Rare Books Collection, and the Genealogy Collection of the Library of Michigan. Qualified individuals recommended for consideration for appointment to the Board should include librarians, historians, archivists, and others with relevant expertise.”

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this amendatory order are effective 60 days after the issuance of this amendatory order.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 9th day of September, in the year of our Lord, two thousand nine.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

Date: September 3, 2009

Time: 3:35 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5122 (Public Act No. 86, I.E.), being

An act to amend 1972 PA 106, entitled “An act to provide for the licensing, regulation, control, and prohibition of outdoor advertising adjacent to certain roads and highways; to prescribe powers and duties of certain state agencies and officials; to promulgate rules; to provide remedies and prescribe penalties for violations; and to repeal acts and parts of acts,” by amending sections 2, 7, 7a, 11a, 17, 18, and 21 (MCL 252.302, 252.307, 252.307a, 252.311a, 252.317, 252.318, and 252.321), sections 2, 7, 17, and 18 as amended and section 11a as added by 2006 PA 448 and section 7a as added by 2006 PA 447.

(Filed with the Secretary of State September 3, 2009, at 4:30 p.m.)

Communications from State Officers

The following communication from the Department of Energy, Labor and Economic Growth was received and read:

September 1, 2009

The enclosed Report on Status of Power Quality in Michigan, is submitted on behalf of the Michigan Public Service Commission (Commission) in accordance with Section 10p of 2008 PA 286, MCL 460.10p (Act 286), and represents the results of the research conducted by the Commission and its Staff. The report is available on the Commission’s Web site under reports and also in Case No. U-15945. The report provides the Commission’s findings regarding electric power quality, service reliability and power plant generating cost efficiency and the consequent impact on end-use customers.

The Commission reviewed existing performance measurements for evaluating the service quality, reliability and power plant generating cost efficiency of electric utilities operating in Michigan under the Commission’s jurisdiction. Power quality performance measurements in ten states, half in Michigan’s geographical region (Illinois, Indiana, Wisconsin, Ohio and Minnesota) and half based on perceived progressive regulation (Delaware, District of Columbia, Utah, California and Pennsylvania) were also investigated. The research indicated that the states had similar performance measurements for power reliability and customer service to those that currently are in place in Michigan, although some other states are using additional performance measurements.

The Commission solicited comments on implementation of the provisions of Act 286 in Case No. U-15895 and U-15901 for power quality disturbances and power plant generating cost efficiency. In Case No. U-15945, the Commission solicited further comments on power quality standards, rules, and distributed a customer questionnaire, which was also available on the Commission’s Web site.

The Commission concludes as a result of the investigation no statutory changes are needed at this time. However, the Commission intends to adopt in subsequent orders Staff’s recommendation that new additional reporting requirements be established for electric power quality, reliability and power plant generating cost efficiency.

Specifically, Consumers Energy Company and The Detroit Edison Company, who serve a majority of the industrial companies in Michigan, will be required to provide new information in an annual power quality report by April 2, 2010, and for each of the next three years. The annual report will contain data on all primary customer power quality investigations conducted in the past year for end-use customers, derived from their power quality meters, and the outcome of such investigations. At the end of the three year period, Staff will file a report to the Commission regarding new standards and recommend if they should be applied to all electric utilities. The Staff will examine the data to determine if the two companies are meeting IEEE power quality standards.

In addition, three new performance reliability measurements for service quality will be reported by Consumers Energy and The Detroit Edison Company: (1) System Average Interruption Duration Index — SAIDI, (2) System Average Interruption Frequency Index — SAIFI, and (3) Customer Average Interruption Duration Index — CAIDI. Each index will be reported with and without “major events” on a rolling five year average using the industry standard IEEE methodology of calculation. These indices have been proven to show the reliability of electricity in a utility’s power system and will be useful to the Commission in identifying utility performance trends for each specific utility. The intent of the information is not to benchmark the utilities nationwide or within the state, but to review current performance levels to determine improvement.

The Commission will instruct Staff to add reporting requirements for electric utilities to be filed as part of existing filings to evaluate power plant generating cost efficiency. These requirements will allow the Commission to more closely monitor power plant generating cost efficiency. Based on these reports, the Commission will apprise the Governor and the Legislature of any future developments that may warrant action.

Very truly yours,

Orijakor N. Isiogu, Chairman

Monica Martinez, Commissioner

Steven A. Transeth, Commissioner

The communication was referred to the Clerk.

Introduction of Bills

Rep. Hammel introduced

House Bill No. 5318, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4805 (MCL 600.4805), as amended by 2003 PA 178.

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

Reps. Scripps, Roberts, Valentine, Geiss, Warren, Smith and Bledsoe introduced

House Bill No. 5319, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 4.

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

Reps. Neumann, Polidori, Gonzales, LeBlanc, Young, Robert Jones, Espinoza, Leland, Constan, Miller, Sheltrown, Hammel, Geiss, Byrum, Spade and Haase introduced

House Bill No. 5320, entitled

A bill to regulate certain activities involving automatic fire protection systems; to establish certain licensing and endorsement standards; to provide for certain powers and duties for certain state agencies; to create boards; to create a fund for certain purposes and to impose fees; and to provide for penalties and remedies.

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

Reps. Scripps, Moore, Lindberg, Ball, Mayes, Slavens, Melton, McDowell, Lahti, Neumann, Haveman, Valentine, Hansen and Wayne Schmidt introduced

House Bill No. 5321, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 22b (MCL 388.1622b), as amended by 2009 PA 73.

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

Reps. Moore, Scripps, Lindberg, Opsommer, Haveman, Wayne Schmidt, Neumann and Booher introduced

House Bill No. 5322, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 11 (MCL 388.1611), as amended by 2009 PA 73.

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

Reps. Hammel, Mayes, Roy Schmidt, Robert Jones, Clemente, Geiss, Neumann, Walsh, Marleau, Valentine, LeBlanc, Constan, Bettie Scott, Gregory, Gonzales, Liss, Switalski, Dean, Haugh, Scripps, Meadows and Kowall introduced

House Bill No. 5323, entitled

A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending sections 13, 15, 17, 19, 19a, 20c, 20d, and 20j (MCL 38.1133, 38.1135, 38.1137, 38.1139, 38.1139a, 38.1140c, 38.1140d, and 38.1140j), sections 13, 19, and 20d as amended and section 19a as added by 2008 PA 425, section 15 as amended and section 20j as added by 1996 PA 485, and sections 17 and 20c as amended by 2000 PA 307.

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

Reps. Constan, Huckleberry, Kennedy, Simpson and Polidori introduced

House Bill No. 5324, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 298c (MCL 18.1298c), as added by 1988 PA 306.

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

Rep. Haveman introduced

House Bill No. 5325, entitled

A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending sections 8 and 9 (MCL 423.238 and 423.239).

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

Reps. McMillin and Opsommer introduced

House Bill No. 5326, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11a of chapter XVII (MCL 777.11a), as amended by 2005 PA 265.

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

Reps. Angerer, Polidori, Roy Schmidt, Byrum and Ebli introduced

House Bill No. 5327, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2008 PA 573.

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

Reps. Hansen, Meekhof, Marleau, Booher, Horn, Stamas, Proos, Kurtz, Pearce, Tyler, Moss, Denby, Meltzer, Wayne Schmidt, Agema, Kowall, McMillin, Pavlov and Calley introduced

House Bill No. 5328, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 14.

The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Reps. Calley and McMillin introduced

House Joint Resolution CC, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 28 to article I, to provide a right to independent health care.

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

Reps. McMillin, Agema, Calley and Amash introduced

House Joint Resolution DD, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 12 and 13 of article IV and by adding section 55 to article IV and section 43 to article IX, to limit the legislative session, to reduce salaries and expense allowances of members of the legislature, to reduce compensation of state legislators who have absences from legislative session, to prohibit state-paid retirement and health care for legislators, and to limit spending on the legislative budget.

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

Announcements by the Clerk

September 3, 2009

Received from the Auditor General financial statements, together with the Auditors’ Report, of the Bureau of State Lottery for the six-month periods ended March 31, 2009 and 2008.

Richard J. Brown

Clerk of the House

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Barnett, Liss, Haase, Robert Jones, Lipton, Stanley, Segal, Lindberg, Lemmons, Young, Slavens, Kandrevas, Corriveau, Donigan, Roberts, Valentine, Polidori, Tlaib, LeBlanc, Nathan, Bettie Scott, Roy Schmidt, Geiss, Simpson, Byrum, Kennedy, McDowell, Melton, Meadows, Clemente, Scripps, Griffin, Smith, Warren, Byrnes, Coulouris, Mayes, Womack, Gregory, Dillon, Espinoza, Constan, Leland, Neumann, Lahti, Haugh, Terry Brown, Bauer, Miller, Slezak, Jackson, Huckleberry, Lisa Brown, Durhal, Angerer, Sheltrown, Spade, Switalski, Ebli, Dean, Gonzales and Cushingberry offered the following resolution:

House Resolution No. 150.

A resolution to memorialize the Congress of the United States to enact legislation prohibiting states with levels of unemployment that exceed the national average from being donor states.

Whereas, Michigan has been buffeted by the tumultuous forces of global economic change, volatile energy costs, and turmoil in the financial markets. This confluence of forces has been particularity hard on the manufacturing sector which has long been the bulwark of Michigan’s economy. As a result, Michigan has led the nation in unemployment, all the while being a donor state when it comes to federal investment and reimbursement funding. Clearly the Great Lakes State has been paying more than its fair share at a time when it can afford it the least; and

Whereas, As of July 2009, Michigan’s unemployment rate of 15% continues to lead the nation. In fact, the state’s unemployment rate has led the nation for 26 of the last 27 months, and has exceeded the national average by more than 50% for most of this decade. Despite years of effort to diversify our state economy and streamline industrial and manufacturing operations, Michigan has been stuck in an economic whirlpool. Efforts to revitalize our economy, such as the recent economic recovery package and a host of other state-level development programs will take time to see fruition, but in the meantime Michigan is one of the nation’s largest donor states when it comes to federal revenue returns; and

Whereas, Indeed, Michigan, and many of the Midwestern states, have long been donor states when it comes to federal highway funding, military spending, and a number of other federal programs that could go a long way toward jumpstarting the state economy. In the classic example of highway funding, since the mid-1950’s when the interstate highway system was created, Michigan has been a donor state for transportation funding. Michigan contributes a greater proportionate share to the Federal Highway Trust Fund than the share of federal highway transportation funds returned to Michigan. Currently, Michigan receives 92% of the share of the federal tax revenue that the state generates. Simple fairness and equity demand that states, like Michigan, with extraordinarily high unemployment rates should not also be donor states; now, therefore, be it

Resolved by the House of Representatives, That we hereby memorialize the Congress of the United States to enact legislation prohibiting states with levels of unemployment that exceed the national average from being donor states; 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.

The resolution was referred to the Committee on Tax Policy.

Rep. Mayes offered the following resolution:

House Resolution No. 151.

A resolution to memorialize the Congress of the United States to increase funding available for beach water quality monitoring.

Whereas, Beaches provide recreational opportunities for millions of people and support a thriving tourism industry. However, disease-causing bacteria, viruses, and other pathogens from sewage and other sources can contaminate water at beaches and increase the risk of swimmers getting sick; and

Whereas, Michigan has over 3,200 miles of Great Lakes shoreline and more than 900 swimming beaches along those shorelines, but can only afford to monitor regularly water quality at less than 25 percent of those beaches. Swimmers at beaches without monitoring may be swimming in water that places their health at risk; and

Whereas, The federal Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000 authorized funding to assist state and local programs that monitor water quality at coastal beaches and notify the public of any problems. This funding has been critical to maintain viable monitoring programs that protect public health, detect pollution sources, and increase public confidence in beach safety; and

Whereas, The current funding for coastal states does not accurately reflect monitoring needs. Congress has appropriated only $10 million annually for 35 state and territorial programs despite an authorization for up to $30 million. Nationwide coastal states and territories have only been able to monitor water quality at 57 percent of beaches and generally only on a weekly basis; and

Whereas, The BEACH Act authorization expired in 2005 and has not been renewed. Current congressional bills would reauthorize and increase potential funding for beach monitoring; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to reauthorize funding for the Beaches Environmental Assessment and Coastal Health Act and to increase appropriations to levels sufficient for funding water quality monitoring at all coastal beaches; 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.

The resolution was referred to the Committee on Great Lakes and Environment.

Reps. Warren, Byrnes, Scripps, Smith, Miller, Espinoza, Neumann, Liss, Roberts and Leland offered the following concurrent resolution:

House Concurrent Resolution No. 28.

A concurrent resolution to memorialize the United States Congress to appropriate $475 million for a Great Lakes Restoration Initiative.

Whereas, The Great Lakes contain more than 18 percent of the world’s, and more than 90 percent of North America’s, fresh surface water and provide drinking water to more than 9 million Michigan residents; and

Whereas, Michigan and its economy are defined by the Great Lakes and depend on its abundance of freshwater for manufacturing, tourism, fishing, public water supplies, agriculture, and numerous other uses. The Great Lakes provide Michigan with 823,000 jobs that represent nearly 25 percent of Michigan’s payroll; and

Whereas, The health of the Great Lakes is jeopardized by threats such as toxic contamination, wetlands degradation, sewage overflows, and invasive species. Inaction or delay in confronting these threats will make the problems worse and the solutions more costly; and

Whereas, Regional and state restoration plans are ready for implementation to address these threats. The Great Lakes Regional Collaboration proposed a multi-year strategy of implementable solutions to restore and protect the Great Lakes and to overcome the hurdles facing them. The Michigan Great Lakes Plan provides a framework for protecting, restoring, and sustaining Michigan’s Great Lakes; and

Whereas, There is bipartisan support for dedicating $475 million in federal money to initiate a multi-year effort to protect and restore our Great Lakes, consistent with the Great Lakes Regional Collaboration Strategy’s recommendations. The proposed Great Lakes Restoration Initiative will fund on-the-ground work to cleanup toxic hotspots, restore habitat, and combat invasive species; and

Whereas, A substantial investment in the Great Lakes system’s health will create jobs and improve Michigan’s quality of life. In 2008, Michigan Sea Grant determined that a $25 billion investment in the Great Lakes Regional Collaboration Strategy would create $7 billion to $13 billion in short-term economic gains for Michigan from increases in tourism, the fishing industry, and recreational activity, reduced costs to municipalities, and increased property values in coastal areas; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize Congress to appropriate the $475 million called for in President Obama’s FY 2010 budget for a Great Lakes Restoration Initiative that will provide the economic investment and revitalization that the Great Lakes need; 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.

The concurrent resolution was referred to the Committee on Great Lakes and Environment.

Reports of Standing Committees

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Bill No. 5155, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20190.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker and Kowall

Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Bill No. 5156, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Constan, Coulouris, Kandrevas, Bettie Scott and Warren

Nays: Reps. Schuitmaker, Amash, Haveman, Rick Jones and Kowall

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Bill No. 5157, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 416e.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Constan, Coulouris, Kandrevas, Bettie Scott and Warren

Nays: Reps. Schuitmaker, Amash, Haveman, Rick Jones and Kowall

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Bill No. 5158, entitled

A bill to require that crisis pregnancy organizations obtain informed consent from women served by those organizations; and to provide remedies and prescribe penalties.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Corriveau, Coulouris, Kandrevas, Bettie Scott and Warren

Nays: Reps. Constan, Schuitmaker, Amash and Rick Jones

The Committee on Judiciary, by Rep. Meadows, Chair, reported on

House Bill No. 5159, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.

Adverse Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Coulouris, Kandrevas, Bettie Scott and Warren

Nays: Reps. Corriveau, Schuitmaker, Amash, Haveman, Rick Jones and Kowall

The Committee on Judiciary, by Rep. Meadows, Chair, reported on

House Bill No. 5160, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 416e.

Adverse Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Coulouris, Kandrevas, Bettie Scott and Warren

Nays: Reps. Corriveau, Schuitmaker, Amash, Haveman, Rick Jones and Kowall

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Bill No. 5161, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 416e.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott and Warren

Nays: Reps. Schuitmaker, Amash, Haveman, Rick Jones and Kowall

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Bill No. 5162, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott and Warren

Nays: Reps. Schuitmaker, Amash, Haveman, Rick Jones and Kowall

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Bill No. 5163, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1169, 1507, and 1507b (MCL 380.1169, 380.1507, and 380.1507b), sections 1169 and 1507 as amended and section 1507b as added by 2004 PA 165.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 3, line 17, after “district” by striking out “shall” and inserting “may”.

2. Amend page 3, line 21, after “life.” by inserting “If the board of a school district provides instruction in sex education under this section,”.

3. Amend page, 3 line 23, after “AGE-APPROPRIATE” by striking out “FOR ALL GRADE LEVELS”.

4. Amend page 7, line 25, after “SHALL” by striking out “INCLUDE INFORMATION” and inserting “EMPHASIZE”.

The bill and amendments were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren and Schuitmaker

Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Bill No. 5164, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17751 and 17763 (MCL 333.17751 and 333.17763), as amended by 2006 PA 672.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Corriveau, Coulouris, Kandrevas, Bettie Scott and Warren

Nays: Reps. Constan, Schuitmaker, Amash and Kowall

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Bill No. 5165, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 98.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott and Warren

Nays: Reps. Schuitmaker and Amash

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Bill No. 5311, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34a (MCL 791.234a), as amended by 2008 PA 158.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott and Warren

Nays: Reps. Schuitmaker, Amash, Rick Jones, Kowall and Rocca

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Resolution No. 118.

A resolution to memorialize Congress to adopt legislation expressing the sense that national health care reform should ensure that the health care needs of women and of all individuals in the United States are met.

(For text of resolution, see House Journal No. 60, p. 1220.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas and Warren

Nays: Rep. Amash

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Resolution No. 119.

A resolution to express the sense of this legislative body that the state of Michigan should intensify its efforts to reduce the high rates of teen pregnancies.

(For text of resolution, see House Journal No. 60, p. 1220.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Warren and Schuitmaker

Nays: Rep. Amash

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Resolution No. 120.

A resolution to memorialize the Congress of the United States to enact the Prevention First Act to increase access to birth control to prevent unintended pregnancies and reduce the need for abortions.

(For text of resolution, see House Journal No. 60, p. 1221.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas and Warren

Nays: Reps. Schuitmaker, Amash and Kowall

The Committee on Judiciary, by Rep. Meadows, Chair, reported

House Concurrent Resolution No. 23.

A concurrent resolution to urge the Department of Community Health to promote programs to identify and address inequities in the prevention, treatment, and research of diseases threatening the health of women.

(For text of concurrent resolution, see House Journal No. 60, p. 1222.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas and Warren

Nays: Reps. Schuitmaker and Amash

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 9, 2009

Present: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca

Rep. Johnson moved that the House adjourn.

The motion prevailed, the time being 4:45 p.m.

Associate Speaker Pro Tempore Espinoza declared the House adjourned until Thursday, September 10, at 12:00 Noon.

RICHARD J. BROWN