No. 91

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

House Chamber, Lansing, Wednesday, October 21, 2009.

1:30 p.m.

The House was called to order by Associate Speaker Pro Tempore Jackson.

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—excused

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—excused Jackson—present Moss—present Switalski—present

Crawford—present Johnson—present Nathan—e/d/s 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—excused Pavlov—present Warren—present

DeShazor—present Knollenberg—present Pearce—present Womack—present

Dillon—present Kowall—present Polidori—present Young—present

Donigan—present Kurtz—present

e/d/s = entered during session

Rep. Lee Gonzales, from the 49th District, offered the following invocation:

“I stand before you today to read the following Prayer of Hope, as written by the organization ChildHelp to recognize its tireless efforts to end child abuse and neglect in America:

Dear God,

Our prayer is for the children, little ones so small,

Who suffer neglect, abuse and pain behind a silent wall.

Please protect and comfort them;

Let Your presence calm their fear.

Give them courage to tell someone,

Help all of us to hear.

Instill in each one of us to remember them in our prayers.

Please give them hope and

Let them know a nation truly cares.

For the love of a child,

Amen.”

______

Rep. Angerer moved that Reps. Bennett, Coulouris, Kennedy, Nerat and Simpson be excused from today’s session.

The motion prevailed.

Second Reading of Bills

House Bill No. 5213, entitled

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

The bill was read a second time.

Rep. Donigan 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. 5213, entitled

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

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

Roll Call No. 504 Yeas—103

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 Slavens

Byrum Hansen McMillin Slezak

Calley Haugh Meadows Smith

Caul Haveman Meekhof Spade

Clemente Hildenbrand Melton Stamas

Constan Horn Meltzer Stanley

Corriveau Huckleberry Miller Switalski

Crawford Jackson Moore Tlaib

Cushingberry Johnson Moss Tyler

Daley Jones, Rick Neumann Valentine

Dean Jones, Robert Opsommer Walsh

Denby Kandrevas Pavlov Warren

Dillon Knollenberg Pearce Womack

Donigan Kowall Polidori Young

Durhal Kurtz Proos

Nays—1

DeShazor

In The Chair: Jackson

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.

Reps. Angerer, Lisa Brown, Terry Brown, Byrnes, Constan, Durhal, Espinoza, Geiss, Gregory, Haase, Haugh, Huckleberry, Jackson, Johnson, Leland, Lemmons, Lipton, Liss, Lori, Mayes, Meadows, Meekhof, Polidori, Schuitmaker, Sheltrown, Slavens, Slezak, Smith, Tlaib, Tyler and Valentine were named co‑sponsors of the bill.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4922, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 8 (MCL 207.808), as amended by 2008 PA 257.

(The bill was received from the Senate on October 15, with substitute (S-8), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 20, see House Journal No. 89, p. 2119.)

The question being on concurring in the substitute (S-8) made to the bill by the Senate,

Rep. McMillin moved to amend the Senate substitute (S-8) as follows:

1. Amend page 15, following line 24, by inserting:

(13) EACH YEAR, EVERY MEMBER OF THE MICHIGAN ECONOMIC GROWTH AUTHORITY BOARD SHALL DISCLOSE IN A PUBLIC DOCUMENT ALL OF HIS OR HER PERSONAL INVESTMENT DECISIONS MADE IN THE IMMEDIATELY PRECEDING 5-YEAR PERIOD.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Clemente moved to amend the Senate substitute (S-8) as follows:

1. Amend page 15, line 14, by striking out all of subsection (12).

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

Rep. Clemente moved to amend the Senate substitute (S-8) as follows:

1. Amend page 12, line 2, after “SUBSECTION,” by inserting “BEGINNING CALENDAR YEAR 2010,”.

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

The question being on concurring in the substitute (S-8) made to the bill by the Senate,

The substitute (S-8), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 505 Yeas—93

Angerer Elsenheimer Kurtz Roberts

Ball Espinoza Lahti Rocca

Barnett Geiss LeBlanc Rogers

Bauer Genetski Leland Schmidt, R.

Bolger Gonzales Lemmons Schmidt, W.

Booher Green Lindberg Schuitmaker

Brown, L. Gregory Lipton Scott, B.

Brown, T. Griffin Liss Scripps

Byrnes Haase Lori Segal

Byrum Haines Marleau Sheltrown

Calley Hammel Mayes Slavens

Caul Hansen McDowell Slezak

Clemente Haugh Meadows Spade

Constan Hildenbrand Meekhof Stamas

Corriveau Horn Melton Stanley

Crawford Huckleberry Meltzer Switalski

Cushingberry Jackson Moore Tlaib

Dean Johnson Moss Tyler

Denby Jones, Rick Neumann Valentine

DeShazor Jones, Robert Pavlov Walsh

Dillon Kandrevas Pearce Warren

Donigan Knollenberg Polidori Womack

Durhal Kowall Proos Young

Ebli

Nays—11

Agema Daley McMillin Scott, P.

Amash Haveman Miller Smith

Bledsoe Lund Opsommer

In The Chair: Jackson

The House agreed to the full title.

______

Rep. Miller, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

For the past several months we have wrestled with balancing the state budget. Our revenue does not match our expenditures and so we have been forced to make drastic cuts to education, health care, and public safety services among other important things. When the state awards a targeted tax break to an industry or company, that is as much an expenditure of state resources as any line item in the state budget. When we consider the record of job creation associated with these targeted tax carve-outs, which is murky at best and corporate welfare at worst, we cannot afford these expenditures at this time.”

Second Reading of Bills

House Bill No. 4876, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2006 PA 443.

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 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. Nathan entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4876, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2006 PA 443.

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

Roll Call No. 506 Yeas—98

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Schmidt, R.

Barnett Geiss Lindberg Schmidt, W.

Bauer Gonzales Lipton Schuitmaker

Bledsoe Green Liss Scott, B.

Bolger Gregory Lori Scripps

Booher Griffin Lund Segal

Brown, L. Haase Marleau Sheltrown

Brown, T. Haines Mayes Slavens

Byrnes Hammel McDowell Slezak

Byrum Hansen Meadows Smith

Calley Haugh Meekhof Spade

Caul Haveman Melton Stamas

Clemente Hildenbrand Miller Stanley

Constan Huckleberry Moore Switalski

Corriveau Jackson Moss Tlaib

Cushingberry Johnson Nathan Tyler

Daley Jones, Rick Neumann Valentine

Dean Jones, Robert Opsommer Walsh

Denby Kandrevas Pavlov Warren

DeShazor Knollenberg Pearce Womack

Dillon Kowall Polidori Young

Donigan Kurtz

Nays—7

Crawford Horn Meltzer Scott, P.

Genetski McMillin Rogers

In The Chair: Jackson

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.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Schuitmaker, Smith, Warren, Byrum, Lisa Brown, Liss, Roberts, Byrnes, Bauer, Ball, Terry Brown, Constan, Dean, DeShazor, Durhal, Espinoza, Geiss, Gonzales, Green, Haines, Hansen, Knollenberg, Kurtz, Lori, Marleau, Mayes, Opsommer, Proos, Rogers, Bettie Scott, Segal, Sheltrown, Spade, Valentine, Booher and Meekhof offered the following resolution:

House Resolution No. 173.

A resolution to urge the Governor and Surgeon General of Michigan and the Michigan Department of Community Health to raise awareness about the benefits of breastfeeding.

Whereas, The breastfeeding of a child is an important and basic act of nurture which provides many well-recognized benefits to mother and child. Breastfeeding is the optimal form of infant nutrition. Breastfeeding protects babies against many diseases such as ear infections, gastroenteritis, and severe lower respiratory infections. According to the United States Agency for Healthcare Research and Quality breastfeeding is associated with lower rates of sudden infant death syndrome, childhood obesity, type 2 diabetes, and leukemia. The maternal health benefits of breastfeeding include reduced risk for type 2 diabetes, as well as breast and ovarian cancers. Breastfeeding results in lower health care costs, including fewer sick care visits, prescriptions and hospitalizations; and

Whereas, Recognizing these benefits, many important national health professional organizations promote breastfeeding. The American Academy of Pediatrics, the American Academy of Family Physicians, the American College of Obstetricians, and the American Public Health Association, among others, officially recommend that most infants breastfeed for at least 12 months. The federal Healthy People 2010 Initiative has adopted goals that include 75 percent of new mothers initiating breastfeeding and at least 50 percent continuing to breastfeed at six months duration; and

Whereas, The lack of breastfeeding is a public health issue in Michigan. According to the 2001 Ross Mothers Survey, 64.3 percent of Michigan mothers initiated breastfeeding their infants as compared to 69.5 percent of mothers nationwide. There has been a positive trend for breastfeeding rates in Michigan since 1991 when only about 49 percent of women breastfed their infants. However, the state still falls short of meeting the Healthy People 2010 goals; and

Whereas, Supportive programs can increase breastfeeding rates. The Michigan Breastfeeding Initiative (BFI) Mother-to-Mother Program, a collaboration between the Michigan Department of Community Health Women, Infants, and Children (WIC) Program and Michigan State University Extension Children, Youth, Family, and Communities Program, promotes breastfeeding among low-income women. While visiting mothers in their homes, peer counselors provide breastfeeding information, encouragement, and support. During the 2006 to 2007 fiscal year, 2,632 pregnant or breastfeeding women completed the BFI Mother-to-Mother Program. Of the women enrolled in the program, 96 percent initiated breastfeeding compared to 51 percent of women in the overall Michigan WIC population; and

Whereas, Supportive environments can help new mothers feel secure about breastfeeding in public. Many mothers cite issues related to breastfeeding in public and at work as factors contributing to their decision to quit breastfeeding Although worksite support for breastfeeding has improved, much more can be done to ensure that employers understand how and why support for their breastfeeding employees is important, and feasible. When a mother chooses to breastfeed, we have a responsibility to protect and support her decision by providing an environment that enables her to be successful; now, therefore, be it

Resolved by the House of Representatives, That we urge the Governor and Surgeon General of Michigan and the Michigan Department of Community Health to raise awareness about the benefits of breastfeeding; and be it further

Resolved, That copies of this resolution be transmitted to the Governor and Surgeon General of Michigan and the Director of the Michigan Department of Community Health.

The resolution was referred to the Committee on Health Policy.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, October 20, for her approval of the following bills:

Enrolled House Bill No. 4436 at 4:06 p.m.

Enrolled House Bill No. 4441 at 4:08 p.m.

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Wednesday, October 21:

House Bill Nos. 5522 5523 5524 5525 5526 5527 5528 5529 5530

House Joint Resolutions KK LL

Senate Bill Nos. 907 908 909 910 911 912 913 914 915 916 917 918 919 920

921 922 923 924 925 926 927

The Clerk announced that the following Senate bills had been received on Wednesday, October 21:

Senate Bill Nos. 760 761 762 763 764 765 766 767

Reports of Standing Committees

The Committee on Ethics and Elections, by Rep. Angerer, Chair, reported

House Bill No. 5279, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2006 PA 605.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer, Kurtz and Pearce

Nays: None

The Committee on Ethics and Elections, by Rep. Angerer, Chair, reported

House Bill No. 5530, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 713 and 714 (MCL 168.713 and 168.714), as amended by 1990 PA 7.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer, Kurtz and Pearce

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Angerer, Chair, of the Committee on Ethics and Elections, was received and read:

Meeting held on: Wednesday, October 21, 2009

Present: Reps. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer, Kurtz and Pearce

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

House Bill No. 5514, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 1 (MCL 722.111), as amended by 2007 PA 217.

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, October 21, 2009

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

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

House Bill No. 5200, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2511 (MCL 339.2511), as amended by 1990 PA 164.

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, Byrnes, Griffin, Stanley, Rocca and Stamas

Nays: Rep. Bettie Scott

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

House Bill No. 5201, entitled

A bill to repeal 1972 PA 286, entitled “Land sales act,” (MCL 565.801 to 565.835).

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, Byrnes, Griffin, Stanley, Rocca and Stamas

Nays: Rep. Bettie Scott

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

Senate Bill No. 674, entitled

A bill to amend 1955 PA 233, entitled “An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; to provide for the issuance of bonds to acquire, construct, extend, or improve the systems; and to prescribe penalties and provide remedies,” by amending section 7 (MCL 124.287), as amended by 2002 PA 241.

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, Byrnes, Griffin, Bettie Scott, Stanley, Rocca, Rick Jones and Stamas

Nays: None

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

Senate Bill No. 675, entitled

A bill to amend 1955 PA 233, entitled “An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; to provide for the issuance of bonds to acquire, construct, extend, or improve the systems; and to prescribe penalties and provide remedies,” by amending section 1 (MCL 124.281), as amended by 1981 PA 154.

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, Byrnes, Griffin, Bettie Scott, Stanley, Rocca, Rick Jones and Stamas

Nays: None

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

Senate Bill No. 676, entitled

A bill to amend 1955 PA 233, entitled “An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; to provide for the issuance of bonds to acquire, construct, extend, or improve the systems; and to prescribe penalties and provide remedies,” by amending section 10 (MCL 124.290), as amended by 1981 PA 154.

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, Byrnes, Griffin, Bettie Scott, Stanley, Rocca, Rick Jones and Stamas

Nays: None

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

Senate Bill No. 677, entitled

A bill to amend 1955 PA 233, entitled “An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; to provide for the issuance of bonds to acquire, construct, extend, or improve the systems; and to prescribe penalties and provide remedies,” by amending section 8 (MCL 124.288), as amended by 1981 PA 154.

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, Byrnes, Griffin, Bettie Scott, Stanley, Rocca, Rick Jones and Stamas

Nays: None

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

Senate Bill No. 678, entitled

A bill to amend 1955 PA 233, entitled “An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; to provide for the issuance of bonds to acquire, construct, extend, or improve the systems; and to prescribe penalties and provide remedies,” by amending section 4d (MCL 124.284d), as added by 1985 PA 178.

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, Byrnes, Griffin, Bettie Scott, Stanley, Rocca, Rick Jones and Stamas

Nays: None

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

Senate Bill No. 679, entitled

A bill to amend 1955 PA 233, entitled “An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; to provide for the issuance of bonds to acquire, construct, extend, or improve the systems; and to prescribe penalties and provide remedies,” by amending section 4e (MCL 124.284e), as added by 1985 PA 178.

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, Byrnes, Griffin, Bettie Scott, Stanley, Rocca, Rick Jones and Stamas

Nays: None

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, October 21, 2009

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

Absent: Reps. Melton and Crawford

Excused: Reps. Melton and Crawford

The Committee on New Economy and Quality of Life, by Rep. Clemente, Chair, reported

House Bill No. 5479, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2008 PA 448.

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. Clemente, Stanley, Byrnes, Geiss, Leland and Segal

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 21, 2009

Present: Reps. Clemente, Stanley, Byrnes, Geiss, Leland, Segal, Knollenberg, Bolger, Denby and Tyler

Absent: Rep. Griffin

Excused: Rep. Griffin

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

House Bill No. 4931, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2008 PA 565.

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, Kandrevas, Bettie Scott, Warren, Amash, Haveman, Rick Jones, Kowall and Rocca

Nays: None

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

House Bill No. 5009, entitled

A bill to amend 2008 PA 148, entitled “Personal property trust perpetuities act,” by amending section 4 (MCL 554.94).

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, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Kowall and Rocca

Nays: None

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

House Bill No. 5010, entitled

A bill to amend 1988 PA 418, entitled “Uniform statutory rule against perpetuities,” by amending section 5 (MCL 554.75), as amended by 2008 PA 149.

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, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Kowall and Rocca

Nays: None

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

House Bill No. 5512, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 507 (MCL 600.507), as amended by 2006 PA 607.

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

1. Amend page 1, line 5, after “(2)” by inserting “SUBJECT TO SECTION 550,”.

2. Amend page 2, line 2, after “SUBSECTION.” by inserting “IN THE 2014 ELECTION, THE INITIAL TERM OF OFFICE OF THE JUDGESHIP BEING RESTORED SHALL BE 8 YEARS.”.

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, Kandrevas, Bettie Scott, Warren, Haveman, Rick Jones, Kowall and Rocca

Nays: Rep. Amash

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

House Bill No. 5513, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 550 (MCL 600.550), as amended by 1990 PA 54.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: Rep. 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, October 21, 2009

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

Absent: Rep. Coulouris

Excused: Rep. Coulouris

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, October 21, 2009

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

Absent: Rep. Coulouris

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Robert Jones, Chair, of the Committee on Commerce, was received and read:

Meeting held on: Wednesday, October 21, 2009

Present: Reps. Robert Jones, Roy Schmidt, Byrum, Clemente, Haase, Haugh, Huckleberry, Lemmons, Nathan, Sheltrown, Hansen, DeShazor, Knollenberg, Meekhof, Meltzer, Opsommer and Walsh

Absent: Reps. Nerat and Womack

Excused: Reps. Nerat and Womack

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 21, 2009

Present: Reps. Cushingberry, Hammel, Bauer, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker

Absent: Rep. Bennett

Messages from the Senate

Senate Bill No. 760, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 33b (MCL 791.233b), as amended by 1994 PA 217.

The Senate has passed the bill.

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

Senate Bill No. 761, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2006 PA 574.

The Senate has passed the bill.

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

Senate Bill No. 762, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 171 (MCL 750.171).

The Senate has passed the bill.

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

Senate Bill No. 763, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing sections 11 and 12 (MCL 750.11 and 750.12).

The Senate has passed the bill.

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

Senate Bill No. 764, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16a of chapter XVII (MCL 777.16a), as amended by 2004 PA 216.

The Senate has passed the bill.

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

Senate Bill No. 765, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing chapter LXVI (MCL 750.442 to 750.447).

The Senate has passed the bill.

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

Senate Bill No. 766, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16v of chapter XVII (MCL 777.16v), as amended by 2008 PA 412.

The Senate has passed the bill.

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

Senate Bill No. 767, entitled

A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending section 22 (MCL 338.3622), as amended by 2007 PA 196.

The Senate has passed the bill.

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

Introduction of Bills

Rep. Meltzer introduced

House Bill No. 5531, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 491 (MCL 18.1491).

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

Rep. Paul Scott introduced

House Bill No. 5532, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 10a and 10b (MCL 400.10a and 400.10b), as added by 1996 PA 190, and by adding section 10c.

The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.

Rep. Sheltrown introduced

House Bill No. 5533, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 121 (MCL 389.121), as amended by 1997 PA 135.

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

______

Rep. Durhal moved that the House adjourn.

The motion prevailed, the time being 2:35 p.m.

Associate Speaker Pro Tempore Jackson declared the House adjourned until Thursday, October 22, at 12:00 Noon.

RICHARD J. BROWN

Clerk of the House of Representatives

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