No. 85
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Wednesday, October 7, 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. Jennifer Haase, from the 32nd District, offered the following invocation:
“Lord, please help us learn to be strong but not rude; learn to be kind but not weak; learn to be bold but not a bully; learn to be humble, but not timid; be proud but not arrogant, develop humor without folly. For with these skills that You grant to us, we hope to serve You by doing the right thing and making the right choices for the people of Michigan. We ask this in Your name, Amen.”
______
Rep. Angerer moved that Reps. Bennett and Nerat be excused from today’s session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4989, entitled
A bill to regulate guaranteed asset protection waivers offered or provided in connection with finance agreements for certain motor vehicles; to provide for the powers and duties of certain state governmental officers and entities; and to provide remedies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Insurance,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Rocca moved to amend the bill as follows:
1. Amend page 2, line 27, by striking out all of subdivision (f) and inserting:
“(f) “Free look period” means the period of time during which a borrower may cancel a guaranteed asset protection waiver without penalty, fees, or costs to the borrower. A free look period must begin on the effective date of the guaranteed asset protection waiver, and the term of a free look period must be at least 30 days.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Rocca moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4989, entitled
A bill to regulate guaranteed asset protection waivers offered or provided in connection with finance agreements for certain motor vehicles; to provide for the powers and duties of certain state governmental officers and entities; and to provide remedies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 491 Yeas—106
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 Lahti
Nays—1
Amash
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4990, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 127.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Johnson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Jackson entered the House Chambers.
Rep. Angerer moved that Rep. Dillon 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. 4990, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 127.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 492 Yeas—106
Agema Elsenheimer LeBlanc Roberts
Angerer Espinoza Leland Rocca
Ball Geiss Lemmons Rogers
Barnett Genetski Lindberg Schmidt, R.
Bauer Gonzales Lipton Schmidt, W.
Bledsoe Green Liss Schuitmaker
Bolger Gregory Lori Scott, B.
Booher Griffin Lund Scott, P.
Brown, L. Haase Marleau Scripps
Brown, T. Haines Mayes Segal
Byrnes Hammel McDowell Sheltrown
Byrum Hansen McMillin Simpson
Calley Haugh Meadows Slavens
Caul Haveman Meekhof Slezak
Clemente Hildenbrand Melton Smith
Constan Horn Meltzer Spade
Corriveau Huckleberry Miller Stamas
Coulouris Jackson 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
Donigan Kowall Polidori Womack
Durhal Kurtz Proos Young
Ebli Lahti
Nays—1
Amash
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4991, entitled
A bill to amend 1950 (Ex Sess) PA 27, entitled “Motor vehicle sales finance act,” by amending section 13 (MCL 492.113), as amended by 2002 PA 699.
The bill was read a second time.
Rep. Johnson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4991, entitled
A bill to amend 1950 (Ex Sess) PA 27, entitled “Motor vehicle sales finance act,” by amending section 13 (MCL 492.113), as amended by 2002 PA 699.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 493 Yeas—106
Agema Elsenheimer LeBlanc Roberts
Angerer Espinoza Leland Rocca
Ball Geiss Lemmons Rogers
Barnett Genetski Lindberg Schmidt, R.
Bauer Gonzales Lipton Schmidt, W.
Bledsoe Green Liss Schuitmaker
Bolger Gregory Lori Scott, B.
Booher Griffin Lund Scott, P.
Brown, L. Haase Marleau Scripps
Brown, T. Haines Mayes Segal
Byrnes Hammel McDowell Sheltrown
Byrum Hansen McMillin Simpson
Calley Haugh Meadows Slavens
Caul Haveman Meekhof Slezak
Clemente Hildenbrand Melton Smith
Constan Horn Meltzer Spade
Corriveau Huckleberry Miller Stamas
Coulouris Jackson 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
Donigan Kowall Polidori Womack
Durhal Kurtz Proos Young
Ebli Lahti
Nays—1
Amash
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4992, entitled
A bill to amend 1966 PA 224, entitled “Retail installment sales act,” by amending section 3 (MCL 445.853).
The bill was read a second time.
Rep. Melton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4992, entitled
A bill to amend 1966 PA 224, entitled “Retail installment sales act,” by amending section 3 (MCL 445.853).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 494 Yeas—106
Agema Elsenheimer LeBlanc Roberts
Angerer Espinoza Leland Rocca
Ball Geiss Lemmons Rogers
Barnett Genetski Lindberg Schmidt, R.
Bauer Gonzales Lipton Schmidt, W.
Bledsoe Green Liss Schuitmaker
Bolger Gregory Lori Scott, B.
Booher Griffin Lund Scott, P.
Brown, L. Haase Marleau Scripps
Brown, T. Haines Mayes Segal
Byrnes Hammel McDowell Sheltrown
Byrum Hansen McMillin Simpson
Calley Haugh Meadows Slavens
Caul Haveman Meekhof Slezak
Clemente Hildenbrand Melton Smith
Constan Horn Meltzer Spade
Corriveau Huckleberry Miller Stamas
Coulouris Jackson 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
Donigan Kowall Polidori Womack
Durhal Kurtz Proos Young
Ebli Lahti
Nays—1
Amash
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Angerer moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
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 Wednesday, October 7:
House Bill No. 5499
House Joint Resolution HH
Senate Bill Nos. 883 884 885
The Clerk announced that the following Senate bills had been received on Wednesday, October 7:
Senate Bill Nos. 553 555
Reports of Standing Committees
The Committee on New Economy and Quality of Life, by Rep. Clemente, Chair, reported
Senate Bill No. 418, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88q (MCL 125.2088q), as added by 2008 PA 175.
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. Clemente, Stanley, Byrnes, Griffin, Segal, Bolger, Denby and Tyler
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Clemente, Chair, of the Committee on New Economy and Quality of Life, was received and read:
Meeting held on: Wednesday, October 7, 2009
Present: Reps. Clemente, Stanley, Byrnes, Griffin, Segal, Bolger, Denby and Tyler
Absent: Reps. Geiss, Leland and Knollenberg
Excused: Reps. Geiss, Leland and Knollenberg
Messages from the Senate
Senate Bill No. 553, entitled
A bill to amend 1984 PA 34, entitled “Michigan low income heating assistance and shut-off protection act,” by amending section 7 (MCL 400.1207).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Senate Bill No. 555, entitled
A bill to amend 1984 PA 34, entitled “Michigan low income heating assistance and shut-off protection act,” (MCL 400.1201 to 400.1217) by adding section 7a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Introduction of Bills
Reps. Knollenberg, Lund, Rick Jones, Genetski, Meltzer, DeShazor, McMillin, Amash and Lori introduced
House Bill No. 5500, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1209.
The bill was read a first time by its title and referred to the Committee on Education.
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Rep. Gonzales moved that the House adjourn.
The motion prevailed, the time being 3:20 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, October 8, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives
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