No. 106

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

House Chamber, Lansing, Wednesday, December 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—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—present Jackson—present Moss—present Switalski—present

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

Cushingberry—present Jones, Rick—present Nerat—present Tyler—present

Daley—present Jones, Robert—present Neumann—present Valentine—present

Dean—present Kandrevas—present Opsommer—present Walsh—present

Denby—present Kennedy—present Pavlov—present Warren—present

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

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

Donigan—present Kurtz—present

e/d/s = entered during session

Rep. John Espinoza, from the 83rd District, offered the following invocation:

“Heavenly Father we ask that You guide our actions so that we represent, as my friend and colleague from Saginaw says, those that have no idea who their representative may be, or have any means to contact us. It is they who are busy surviving who at this time need us most. We ask that You protect those we have sent into harms way at home and abroad. We ask for these things in Your son’s name. Amen.”

______

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

The motion prevailed.

Second Reading of Bills

House Bill No. 5095, entitled

A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending sections 2, 3, 4, 7, 8, 9, 17, and 29 (MCL 338.1052, 338.1053, 338.1054, 338.1057, 338.1058, 338.1059, 338.1067, and 338.1079), sections 2, 3, 7, 17, and 29 as amended by 2002 PA 473, sections 4 and 8 as amended by 2000 PA 411, and section 9 as amended by 2004 PA 270, and by adding sections 6a, 37, 38, 39, 40, 41, 42, and 43.

The bill was read a second time.

Rep. Meadows 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. Meadows moved to amend the bill as follows:

1. Amend page 19, line 9, after “SUBSECTIONS” by striking out “(3), (4), AND (5)” and inserting “(4), (5), (6), AND (7)”.

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

Rep. Womack 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. 5095, entitled

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

Roll Call No. 592 Yeas—105

Agema Ebli Kurtz Polidori

Amash Elsenheimer Lahti Proos

Angerer Espinoza LeBlanc Roberts

Ball Geiss Leland Rocca

Barnett Genetski Lemmons Schmidt, R.

Bauer Gonzales Lindberg Schmidt, W.

Bledsoe Green Lipton Schuitmaker

Bolger Gregory Liss Scott, B.

Booher Griffin Lori Scott, P.

Brown, L. Haase Lund Scripps

Brown, T. Haines Marleau Segal

Byrnes Hammel Mayes Sheltrown

Byrum Hansen McDowell Slavens

Calley Haugh McMillin Slezak

Caul Haveman Meadows Smith

Clemente Hildenbrand Meekhof Spade

Constan Horn Melton Stamas

Corriveau Huckleberry Meltzer Stanley

Coulouris Jackson Miller Switalski

Crawford Johnson Moore Tlaib

Cushingberry Jones, Rick Moss Tyler

Daley Jones, Robert Nathan Valentine

Dean Kandrevas Nerat Walsh

DeShazor Kennedy Neumann Warren

Dillon Knollenberg Pavlov Womack

Donigan Kowall Pearce Young

Durhal

Nays—3

Denby Opsommer Rogers

In The Chair: Byrnes

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

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

A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending the title and sections 2, 3, 4, 7, 8, 9, 14, 17, 19, 25, and 29 (MCL 338.1052, 338.1053, 338.1054, 338.1057, 338.1058, 338.1059, 338.1064, 338.1067, 338.1069, 338.1075, and 338.1079), the title and sections 2, 3, 7, 14, 17, 19, and 29 as amended by 2002 PA 473, sections 4 and 8 as amended by 2000 PA 411, and sections 9 and 25 as amended by 2004 PA 270, and by adding sections 6a, 37, 38, 39, 40, 41, and 42.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 5094, entitled

A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending section 10 (MCL 28.610), as amended by 1998 PA 237.

The bill was read a second time.

Rep. Meadows moved to substitute (H-1) the bill.

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

Rep. DeShazor 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. 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. 5094, entitled

A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending section 10 (MCL 28.610), as amended by 1998 PA 237.

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

Roll Call No. 593 Yeas—107

Agema Ebli Lahti Proos

Amash 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 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

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Donigan Kowall Pearce Young

Durhal Kurtz Polidori

Nays—0

In The Chair: Byrnes

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5091, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16401, 16423, and 16431 (MCL 333.16401, 333.16423, and 333.16431), section 16401 as amended by 2002 PA 734 and section 16431 as amended by 1994 PA 234.

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

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Angerer moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was 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. 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. 5091, entitled

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

Roll Call No. 594 Yeas—84

Agema Ebli Knollenberg Pearce

Amash Elsenheimer Kowall Polidori

Angerer Espinoza Kurtz Proos

Ball Geiss Lahti Roberts

Barnett Genetski Leland Rogers

Bolger Gonzales Lemmons Schmidt, R.

Booher Green Lori Schmidt, W.

Brown, L. Gregory Lund Schuitmaker

Brown, T. Haase Marleau Scripps

Calley Haines Mayes Segal

Caul Hansen McDowell Sheltrown

Corriveau Haugh McMillin Slavens

Coulouris Haveman Meekhof Slezak

Crawford Hildenbrand Melton Smith

Cushingberry Huckleberry Meltzer Spade

Daley Jackson Moore Stamas

Dean Johnson Nathan Tlaib

Denby Jones, Rick Nerat Tyler

DeShazor Jones, Robert Neumann Valentine

Dillon Kandrevas Opsommer Walsh

Donigan Kennedy Pavlov Young

Nays—23

Bauer Durhal Lipton Scott, B.

Bledsoe Griffin Liss Scott, P.

Byrnes Hammel Meadows Stanley

Byrum Horn Miller Switalski

Clemente LeBlanc Moss Warren

Constan Lindberg Rocca

In The Chair: Byrnes

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

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

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16423 and 16431 (MCL 333.16423 and 333.16431), section 16431 as amended by 1994 PA 234.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Womack, under Rule 31, made the following statement:

“Mr. Speaker and members of the House:

I did not vote on Roll Call No. 594 because of a possible conflict of interest.”

Second Reading of Bills

Senate Bill No. 968, entitled

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

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Angerer moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was 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. 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

Senate Bill No. 968, entitled

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

Roll Call No. 595 Yeas—84

Agema Ebli Knollenberg Pearce

Amash Elsenheimer Kowall Polidori

Angerer Espinoza Kurtz Proos

Ball Geiss Lahti Roberts

Barnett Genetski Leland Rogers

Bolger Gonzales Lemmons Schmidt, R.

Booher Green Lori Schmidt, W.

Brown, L. Gregory Lund Schuitmaker

Brown, T. Haase Marleau Scripps

Calley Haines Mayes Segal

Caul Hansen McDowell Sheltrown

Corriveau Haugh McMillin Slavens

Coulouris Haveman Meekhof Slezak

Crawford Hildenbrand Melton Smith

Cushingberry Huckleberry Meltzer Spade

Daley Jackson Moore Stamas

Dean Johnson Nathan Tlaib

Denby Jones, Rick Nerat Tyler

DeShazor Jones, Robert Neumann Valentine

Dillon Kandrevas Opsommer Walsh

Donigan Kennedy Pavlov Young

Nays—23

Bauer Durhal Lipton Scott, B.

Bledsoe Griffin Liss Scott, P.

Byrnes Hammel Meadows Stanley

Byrum Horn Miller Switalski

Clemente LeBlanc Moss Warren

Constan Lindberg Rocca

In The Chair: Byrnes

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

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

A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 16401 (MCL 333.16401), as amended by 2002 PA 734.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Womack, under Rule 31, made the following statement:

“Mr. Speaker and members of the House:

I did not vote on Roll Call No. 595 because of a possible conflict of interest.”

Second Reading of Bills

House Bill No. 5105, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3107b (MCL 500.3107b), as added by 1994 PA 438.

The bill was read a second time.

Rep. Angerer moved to amend the bill as follows:

1. Amend page 2, following line 7, by inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:

(a) Senate Bill No. 968.

(b) Senate Bill No. 970.

(d) Senate Bill No. 972.

(e) Senate Bill No. 973.

(f) House Bill No. 5091.”.

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

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. 5105, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3107b (MCL 500.3107b), as added by 1994 PA 438.

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

Roll Call No. 596 Yeas—99

Agema Elsenheimer Kurtz Polidori

Amash Espinoza Lahti Proos

Angerer Geiss LeBlanc Roberts

Ball Genetski Leland Rocca

Barnett Gonzales Lemmons Rogers

Bauer Green Lindberg Schmidt, R.

Bledsoe Gregory Liss Schmidt, W.

Bolger Griffin Lori Schuitmaker

Booher Haase Lund Scott, P.

Brown, T. Haines Marleau Scripps

Byrnes Hammel Mayes Segal

Byrum Hansen McDowell Sheltrown

Calley Haugh McMillin Slavens

Caul Haveman Meadows Slezak

Clemente Hildenbrand Meekhof Smith

Corriveau Horn Melton Spade

Coulouris Huckleberry Meltzer Stamas

Crawford Jackson Moore Stanley

Daley Johnson Moss Tlaib

Dean Jones, Rick Nathan Tyler

Denby Jones, Robert Nerat Valentine

DeShazor Kandrevas Neumann Walsh

Dillon Kennedy Opsommer Warren

Donigan Knollenberg Pavlov Womack

Ebli Kowall Pearce

Nays—9

Brown, L. Durhal Miller Switalski

Constan Lipton Scott, B. Young

Cushingberry

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

Senate Bill No. 970, entitled

A bill to amend 1984 PA 233, entitled “Prudent purchaser act,” by amending section 3 (MCL 550.53), as amended by 1996 PA 518.

The bill was read a second time.

Rep. Angerer moved to amend the bill as follows:

1. Amend page 6, following line 11, by inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:

(a) Senate Bill No. 968.

(b) Senate Bill No. 971.

(d) Senate Bill No. 973.

(e) House Bill No. 5091.

(f) House Bill No. 5105.”.

The motion prevailed and the amendment was 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. 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

Senate Bill No. 970, entitled

A bill to amend 1984 PA 233, entitled “Prudent purchaser act,” by amending section 3 (MCL 550.53), as amended by 1996 PA 518.

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

Roll Call No. 597 Yeas—102

Agema Elsenheimer Lahti Polidori

Amash Espinoza LeBlanc Proos

Angerer Geiss Leland Roberts

Ball Genetski Lemmons Rocca

Barnett Gonzales Lindberg Rogers

Bauer Green Lipton Schmidt, R.

Bledsoe Gregory Liss Schmidt, W.

Bolger Griffin Lori Schuitmaker

Booher Haase Lund Scott, P.

Brown, L. Haines Marleau Scripps

Brown, T. Hammel Mayes Segal

Byrnes Hansen McDowell Sheltrown

Byrum Haugh McMillin Slavens

Calley Haveman Meadows Slezak

Caul Hildenbrand Meekhof Smith

Clemente Horn Melton Spade

Corriveau Huckleberry Meltzer Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Daley Jones, Rick Nathan Tlaib

Dean Jones, Robert Nerat Tyler

Denby Kandrevas Neumann Valentine

DeShazor Kennedy Opsommer Walsh

Dillon Knollenberg Pavlov Warren

Donigan Kowall Pearce Womack

Ebli Kurtz

Nays—6

Constan Durhal Scott, B. Young

Cushingberry Miller

In The Chair: Byrnes

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to authorize certain organizations to enter into prudent purchaser agreements with health care providers; to control health care costs, assure appropriate utilization of health care services, and maintain quality of health care; to provide for the regulation of certain organizations, health care providers, health care facilities, and prudent purchaser arrangements; to establish a joint legislative committee to investigate the degree of competition in the health care coverage market in this state; and to provide for the powers and duties of certain state officers and agencies,”

The House agreed to the full title.

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

Senate Bill No. 971, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 502 and 502a (MCL 550.1502 and 550.1502a), section 502 as amended by 2003 PA 59 and section 502a as amended by 1998 PA 446.

The bill was read a second time.

Rep. Angerer moved to amend the bill as follows:

1. Amend page 9, following line 24, by inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:

(a) Senate Bill No. 968.

(b) Senate Bill No. 970.

(d) Senate Bill No. 973.

(e) House Bill No. 5091.

(f) House Bill No. 5105.”.

The motion prevailed and the amendment was 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. 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

Senate Bill No. 971, entitled

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

Roll Call No. 598 Yeas—102

Agema Elsenheimer Lahti Polidori

Amash Espinoza LeBlanc Proos

Angerer Geiss Leland Roberts

Ball Genetski Lemmons Rocca

Barnett Gonzales Lindberg Rogers

Bauer Green Lipton Schmidt, R.

Bledsoe Gregory Liss Schmidt, W.

Bolger Griffin Lori Schuitmaker

Booher Haase Lund Scott, P.

Brown, L. Haines Marleau Scripps

Brown, T. Hammel Mayes Segal

Byrnes Hansen McDowell Sheltrown

Byrum Haugh McMillin Slavens

Calley Haveman Meadows Slezak

Caul Hildenbrand Meekhof Smith

Clemente Horn Melton Spade

Corriveau Huckleberry Meltzer Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Daley Jones, Rick Nathan Tlaib

Dean Jones, Robert Nerat Tyler

Denby Kandrevas Neumann Valentine

DeShazor Kennedy Opsommer Walsh

Dillon Knollenberg Pavlov Warren

Donigan Kowall Pearce Womack

Ebli Kurtz

Nays—6

Constan Durhal Scott, B. Young

Cushingberry Miller

In The Chair: Byrnes

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal certain acts and parts of acts,”

The House agreed to the full title.

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

Senate Bill No. 972, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 315 (MCL 418.315), as amended by 1998 PA 447.

The bill was read a second time.

Rep. Angerer moved to amend the bill as follows:

1. Amend page 6, following line 3, by inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:

(a) Senate Bill No. 968.

(b) Senate Bill No. 970.

(d) Senate Bill No. 973.

(e) House Bill No. 5091.

(f) House Bill No. 5105.”.

The motion prevailed and the amendment was 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. 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

Senate Bill No. 972, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 315 (MCL 418.315), as amended by 1998 PA 447.

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

Roll Call No. 599 Yeas—101

Agema Elsenheimer Kurtz Polidori

Amash Espinoza Lahti Proos

Angerer Geiss LeBlanc Roberts

Ball Genetski Leland Rocca

Barnett Gonzales Lemmons Rogers

Bauer Green Lindberg Schmidt, R.

Bledsoe Gregory Liss Schmidt, W.

Bolger Griffin Lori Schuitmaker

Booher Haase Lund Scott, P.

Brown, L. Haines Marleau Scripps

Brown, T. Hammel Mayes Segal

Byrnes Hansen McDowell Sheltrown

Byrum Haugh McMillin Slavens

Calley Haveman Meadows Slezak

Caul Hildenbrand Meekhof Smith

Clemente Horn Melton Spade

Corriveau Huckleberry Meltzer Stamas

Coulouris Jackson Moore Stanley

Crawford Johnson Moss Switalski

Daley Jones, Rick Nathan Tlaib

Dean Jones, Robert Nerat Tyler

Denby Kandrevas Neumann Valentine

DeShazor Kennedy Opsommer Walsh

Dillon Knollenberg Pavlov Warren

Donigan Kowall Pearce Womack

Ebli

Nays—7

Constan Durhal Miller Young

Cushingberry Lipton Scott, B.

In The Chair: Byrnes

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise and consolidate the laws relating to worker’s disability compensation; to increase the administrative efficiency of the adjudicative processes of the worker’s compensation system; to improve the qualifications of the persons having adjudicative functions within the worker’s compensation system; to prescribe certain powers and duties; to create the board of worker’s compensation magistrates and the worker’s compensation appellate commission; to create certain other boards; to provide certain procedures for the resolution of claims, including mediation and arbitration; to prescribe certain benefits for persons suffering a personal injury under the act; to prescribe certain limitations on obtaining benefits under the act; to create, and provide for the transfer of, certain funds; to prescribe certain fees; to prescribe certain remedies and penalties; to repeal certain parts of this act on specific dates; and to repeal certain acts and parts of acts,”

The House agreed to the full title.

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

Senate Bill No. 973, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3405, 3475, and 3631 (MCL 500.3405, 500.3475, and 500.3631), sections 3405 and 3631 as amended by 1994 PA 438 and section 3475 as amended by 1984 PA 280.

The bill was read a second time.

Rep. Angerer moved to amend the bill as follows:

1. Amend page 9, following line 17, by inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:

(a) Senate Bill No. 968.

(b) Senate Bill No. 970.

(d) Senate Bill No. 972.

(e) House Bill No. 5091.

(f) House Bill No. 5105.”.

The motion prevailed and the amendment was 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. Angerer moved that the bill be placed on its immediate passage.

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

______

Rep. Angerer moved that Rep. Jackson be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 973, entitled

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

Roll Call No. 600 Yeas—102

Agema Ebli Lahti Polidori

Amash Elsenheimer LeBlanc Proos

Angerer Espinoza Leland Roberts

Ball Geiss Lemmons Rocca

Barnett Genetski Lindberg Rogers

Bauer Gonzales Lipton Schmidt, R.

Bledsoe Green Liss Schmidt, W.

Bolger Gregory Lori Schuitmaker

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen McMillin Slavens

Calley Haugh Meadows Slezak

Caul Haveman Meekhof Smith

Clemente Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Moore Stanley

Crawford Johnson Moss Switalski

Cushingberry Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Opsommer Walsh

DeShazor Knollenberg Pavlov Warren

Dillon Kowall Pearce Womack

Donigan Kurtz

Nays—5

Constan Miller Scott, B. Young

Durhal

In The Chair: Byrnes

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”

The House agreed to the full title.

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. 4885, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 1304, 1312, 1321, and 1344 (MCL 600.1304, 600.1312, 600.1321, and 600.1344), sections 1304 and 1321 as amended by 2004 PA 12, section 1312 as amended by 2005 PA 6, and section 1344 as amended by 2002 PA 739, and by adding sections 1301c, 1310a, and 1310b.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4885, entitled

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

Roll Call No. 601 Yeas—66

Angerer Ebli Leland Schmidt, R.

Barnett Espinoza Lemmons Scott, B.

Bauer Geiss Lindberg Scripps

Bledsoe Gonzales Lipton Segal

Brown, L. Gregory Liss Sheltrown

Brown, T. Griffin Mayes Slavens

Byrnes Haase McDowell Slezak

Byrum Hammel Meadows Smith

Clemente Haugh Melton Spade

Constan Huckleberry Miller Stanley

Corriveau Jackson Nathan Switalski

Coulouris Johnson Nerat Tlaib

Cushingberry Jones, Robert Neumann Valentine

Dean Kandrevas Polidori Warren

Dillon Kennedy Roberts Womack

Donigan Lahti Rocca Young

Durhal LeBlanc

Nays—42

Agema Elsenheimer Kurtz Pavlov

Amash Genetski Lori Pearce

Ball Green Lund Proos

Bolger Haines Marleau Rogers

Booher Hansen McMillin Schmidt, W.

Calley Haveman Meekhof Schuitmaker

Caul Hildenbrand Meltzer Scott, P.

Crawford Horn Moore Stamas

Daley Jones, Rick Moss Tyler

Denby Knollenberg Opsommer Walsh

DeShazor Kowall

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. 4886, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2003 PA 114.

The bill was read a second time.

Rep. Nathan moved to substitute (H-1) the bill.

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

Rep. Nathan 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. 4886, entitled

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

Roll Call No. 602 Yeas—66

Angerer Ebli Leland Schmidt, R.

Barnett Espinoza Lemmons Scott, B.

Bauer Geiss Lindberg Scripps

Bledsoe Gonzales Lipton Segal

Brown, L. Gregory Liss Sheltrown

Brown, T. Griffin Mayes Slavens

Byrnes Haase McDowell Slezak

Byrum Hammel Meadows Smith

Clemente Haugh Melton Spade

Constan Huckleberry Miller Stanley

Corriveau Jackson Nathan Switalski

Coulouris Johnson Nerat Tlaib

Cushingberry Jones, Robert Neumann Valentine

Dean Kandrevas Polidori Warren

Dillon Kennedy Roberts Womack

Donigan Lahti Rocca Young

Durhal LeBlanc

Nays—42

Agema Elsenheimer Kurtz Pavlov

Amash Genetski Lori Pearce

Ball Green Lund Proos

Bolger Haines Marleau Rogers

Booher Hansen McMillin Schmidt, W.

Calley Haveman Meekhof Schuitmaker

Caul Hildenbrand Meltzer Scott, P.

Crawford Horn Moore Stamas

Daley Jones, Rick Moss Tyler

Denby Knollenberg Opsommer Walsh

DeShazor Kowall

In The Chair: Byrnes

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Angerer moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.

The motion prevailed, 3/5 of the members present voting therefor.

______

Rep. Angerer moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

Rep. Angerer moved that when the House adjourns today it stand adjourned until Thursday, December 10, at 10:00 a.m.

The motion prevailed.

Reps. McMillin, Amash, Genetski, Agema, Lund, Paul Scott, Walsh, Marleau, Moss, Kowall, Moore, Stamas, Haveman, Hansen, Booher, Caul, Crawford, Green, Haugh, Horn, Lori, Meekhof, Meltzer, Nathan, Opsommer and Rogers offered the following resolution:

House Resolution No. 189.

A resolution to memorialize the United States Congress to investigate the integrity of climate change science and require greater public transparency in this research.

Whereas, Historic decisions have been, and will be made, based on the scientific results of climate researchers. Vast sums of public research dollars in the United States and across the world have been given to climate researchers to assess the state of the climate and to inform policymakers of the true level of human-caused climate change; and

Whereas, Our country is on the verge of major policy actions with significant ramifications for the American public because scientists have said the risks of climate change are grave. Lawmakers are considering legislation to implement a national carbon cap and trade program and President Barack Obama is considering committing the country to international greenhouse gas reduction mandates. These are dramatic actions that could severely restrain the economic growth of the country and the State of Michigan and reduce the quality of American lives; and

Whereas, Recently revealed emails from leading climate change researchers cast doubt over the veracity of the climate scientists’ conclusions. For years, policymakers and the public have been told that there is a scientific consensus that the Earth is warming. However, emails sent between some climate researchers indicate that the so-called consensus may have been contrived. It appears that data unsupportive of a warming trend in the Earth’s climate has been ignored and that scientific papers skeptical of global warming have been prevented from being published. The Intergovernmental Panel on Climate Change (IPCC) was created in order to help government leaders around the world make informed science-based decisions about climate change. However, the IPCC used the results from these researchers to support its conclusion that human activity is causing climate change; and

Whereas, It is critical that the information used by the United States government to make important policy decisions be accurate, unbiased, trustworthy, complete, and transparent. We cannot afford to make ill advised decisions and waste taxpayer dollars based on faulty research; and

Whereas, The Congress must undertake an investigation to ferret out the truth behind climate change science, to find out if there is information that has been hidden because it did not support the conclusion that the Earth is warming, and to ensure that all climate research the federal government depends upon is conducted and published according to the highest standards of integrity and ethics; now, therefore, be it

Resolved by the House of Representatives, That memorialize the United States Congress to investigate the integrity of climate change science and require greater public transparency in this research; 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.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, December 9:

House Bill Nos. 5650 5651 5652 5653 5654 5655 5656 5657 5658 5659 5660 5661 5662 5663

5664 5665 5666 5667

Senate Bill Nos. 1009 1010 1011

The Clerk announced that the following Senate bills had been received on Wednesday, December 9:

Senate Bill Nos. 891 892 893

Reports of Standing Committees

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

House Bill No. 5575, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 462j.

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

1. Amend page 3, line 7, after “MCL” by striking out “780.16B” and inserting “780.766B”.

2. Amend page 5, line 1, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act takes effect March 1, 2010.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:

(a) House Bill No. 5576.

(b) House Bill No. 5577.

(d) House Bill No. 5579.”.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Lipton, Constan, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Haveman, Rick Jones, Kowall and Rocca

Nays: Rep. Amash

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

House Bill No. 5576, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2006 PA 156.

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

1. Amend page 5, line 4, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act takes effect March 1, 2010.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:

(a) House Bill No. 5575.

(b) House Bill No. 5577.

(d) House Bill No. 5579.”.

The bill and amendment 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, Schuitmaker, Haveman, Rick Jones, Kowall and Rocca

Nays: Rep. Amash

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

House Bill No. 5577, 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.

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

Nays: Rep. Amash

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

House Bill No. 5578, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2007 PA 156.

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

Nays: Rep. Amash

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

House Bill No. 5579, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” (MCL 780.751 to 780.834) by adding section 16b.

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

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

“Enacting section 1. This amendatory act takes effect March 1, 2010.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:

(a) House Bill No. 5575.

(b) House Bill No. 5576.

(d) House Bill No. 5578.”.

The bill and amendment 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, Schuitmaker, 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, December 9, 2009

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

The Committee on Labor, by Rep. Lindberg, Chair, reported

House Resolution No. 175.

A resolution to urge the Congress of the United States to enact and put into immediate effect a Humphrey-Hawkins Full Employment Act.

(For text of resolution, see House Journal No. 95, p. 2200.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Lindberg, Kennedy, Liss, Bettie Scott, Slezak and Young

Nays: Reps. Amash and McMillin

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, December 9, 2009

Present: Reps. Lindberg, Kennedy, Liss, Bettie Scott, Slezak, Young, Amash, Daley, Haveman and McMillin

Absent: Rep. Kandrevas

Excused: Rep. Kandrevas

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

Senate Bill No. 786, entitled

A bill to amend 1943 PA 148, entitled “An act to provide for the regulation and licensing of proprietary schools in the state; to require surety; to provide for collection and disposition of fees; and to prescribe penalties for the violation of this act,” by amending sections 1, 1a, 2, 2a, and 2b (MCL 395.101, 395.101a, 395.102, 395.102a, and 395.102b), sections 1, 2, 2a, and 2b as amended and section 1a as added by 1983 PA 60.

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. Johnson, Haugh, Byrnes, Griffin, Stanley, Rocca, Crawford, 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, December 9, 2009

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

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 5404, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.

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

Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 5593, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16315 and 16327 (MCL 333.16315 and 333.16327), section 16315 as amended by 2007 PA 166 and section 16327 as added by 1993 PA 80.

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. Cushingberry, Hammel, Bauer, Terry Brown, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Smith, Spade, Switalski, Lori and Proos

Nays: Reps. Moss, Agema, Booher, Caul, Genetski, Haines, Hildenbrand and Schuitmaker

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 5626, entitled

A bill to amend 1981 PA 80, entitled “Fiscal stabilization act,” by amending sections 4 and 9 (MCL 141.1004 and 141.1009), section 4 as amended by 2002 PA 444 and section 9 as amended by 1987 PA 279.

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. Cushingberry, Hammel, Bauer, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Genetski and Hildenbrand

Nays: Reps. Moss, Agema, Booher, Caul, Green, Haines, Proos and Rogers

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 5645, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2150, 2151, 2154, and 51106 (MCL 324.2150, 324.2151, 324.2154, and 324.51106), section 2150 as amended by 1996 PA 585, section 2151 as added by 1995 PA 60, section 2154 as amended by 2004 PA 513, and section 51106 as amended by 2006 PA 382.

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

1. Amend page 5, line 9, after “~~Partial~~” by inserting “EXCEPT FOR THE 2010 STATE FISCAL YEAR ONLY, PARTIAL payments do not satisfy payments obligated by this state.”.

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

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 5657, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 12412 (MCL 333.12412).

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. Cushingberry, Hammel, Bauer, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Green, Lori, Proos and Schuitmaker

Nays: Reps. Moss, Agema, Booher, Caul, Genetski, Haines, Hildenbrand and Rogers

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 5658, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 12431 (MCL 333.12431), as amended by 2005 PA 43.

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:

Nays: Reps. Moss, Booher, Caul, Genetski, Haines, Hildenbrand and Rogers

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 5659, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 12425 (MCL 333.12425).

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. Cushingberry, Hammel, Bauer, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski and Tlaib

Nays: Reps. Moss, Agema, Booher, Caul, Genetski, Haines, Hildenbrand, Proos, Rogers and Schuitmaker

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, December 9, 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

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, December 9, 2009

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

Absent: Rep. Leland

Excused: Rep. Leland

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, December 9, 2009

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

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, December 9, 2009

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

Absent: Rep. Sheltrown

Excused: Rep. Sheltrown

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, December 9, 2009

Present: Reps. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Amash, Ball, DeShazor, McMillin, Pearce, Tyler and Walsh

Absent: Rep. Paul Scott

Messages from the Senate

House Bill No. 4257, entitled

A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending section 310 (MCL 484.2310), as amended by 2005 PA 235.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4787, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 5, 507, and 1701a (MCL 380.5, 380.507, and 380.1701a), section 5 as amended by 2005 PA 61, section 507 as amended by 1995 PA 289, and section 1701a as amended by 2008 PA 1, and by adding sections 1280c and 1320 and part 6d.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4) and amended the title to read as follows:

A bill to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 5, 6, 449, 504, 507, 1246, 1280, 1311, and 1536 (MCL 380.5, 380.6, 380.449, 380.504, 380.507, 380.1246, 380.1280, 380.1311, and 380.1536), section 5 as amended by 2005 PA 61, sections 6, 504, and 1311 as amended by 2008 PA 1, section 449 as amended by 2004 PA 303, section 507 as amended by 1995 PA 289, section 1246 as amended by 2004 PA 148, section 1280 as amended by 2006 PA 123, and section 1536 as added by 2006 PA 335, and by adding sections 11c, 1249, 1280c, and 1280d and part 6e.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 4788, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 15 (MCL 423.215), as amended by 1994 PA 112.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4).

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5298, entitled

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

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

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.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 6 (MCL 388.1606), as amended by 2009 PA 121.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 891, entitled

A bill to amend 1935 PA 220, entitled “An act to provide family home care for children committed to the care of the state, to create the Michigan children’s institute under the control of the Michigan social welfare commission, to prescribe the powers and duties thereof, and to provide penalties for violations of certain provisions of this act,” by amending section 9 (MCL 400.209), as amended by 2004 PA 470.

The Senate has passed the bill.

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

Senate Bill No. 892, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 43 of chapter X (MCL 710.43), as amended by 1996 PA 409.

The Senate has passed the bill.

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

Senate Bill No. 893, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19c (MCL 712A.19c), as amended by 2008 PA 203.

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 981.

Rep. Angerer

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 926.

Rep. Angerer

Introduction of Bills

Rep. Johnson introduced

House Bill No. 5668, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3801 (MCL 600.3801), as amended by 1988 PA 2.

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

Rep. Switalski introduced

House Bill No. 5669, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20101b (MCL 324.20101b), as amended by 2000 PA 368.

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

Rep. Switalski introduced

House Bill No. 5670, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 10121 (MCL 333.10121), as added by 2008 PA 39.

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

Rep. Pavlov introduced

House Bill No. 5671, entitled

A bill to require public employers to make information concerning health benefits offered to public employees available to the public; to specify the information required in the report; and to provide for duties and responsibilities of public employers and certain state agencies and officers.

The bill was read a first time by its title and referred to the Committee on Public Employee Health Care Reform.

Rep. Spade introduced

House Bill No. 5672, entitled

A bill to amend 1937 PA 72, entitled “Division of deafness act,” by amending section 8 (MCL 408.208), as added by 1988 PA 434.

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

Reps. Rick Jones, Amash, Agema, Marleau, Moss, Paul Scott, Tyler, Lori, Meltzer, Bolger, DeShazor, Moore, Meekhof, Ball, Booher, Calley, Proos, McMillin, Lund, Walsh, Elsenheimer, Genetski, Pearce, Opsommer, Hansen, Mayes, Sheltrown, Schuitmaker, Crawford, Haveman, Kowall, Hildenbrand and Haines introduced

House Bill No. 5673, entitled

A bill to amend 1901 PA 6, entitled “An act to provide for the employment of clerks or assistants in the executive office of this state,” by amending section 1 (MCL 10.11), as amended by 2002 PA 379.

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

Reps. Hammel and Dean introduced

House Bill No. 5674, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 7 (MCL 691.1407), as amended by 2005 PA 318.

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

Reps. Hammel and Dean introduced

House Bill No. 5675, entitled

A bill to amend 1846 RS 171, entitled “Of county jails and the regulation thereof,” (MCL 801.1 to 801.27) by adding section 24.

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

Reps. Constan and Amash introduced

House Bill No. 5676, entitled

A bill to create the Michigan public defense act; to provide for a public defense commission; to provide for a state office of public defense; to provide for a state public defender and a state appellate defender; to provide for attorney representation of indigent criminal and juvenile defendants; to provide standards for the appointment of legal counsel; to create the public defense fund; to provide for deposits into and expenditures from the fund; to provide for the assessment of certain fees; to require dissemination of certain information to the public; and to repeal acts and parts of acts.

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

Reps. Amash, Agema, Meekhof, Horn, Walsh, McMillin, Moss, Lori, Calley, Haveman, Daley, Genetski, Lund, Rogers, Kowall and Opsommer introduced

House Bill No. 5677, entitled

A bill to require just compensation for certain reductions in the value of real property due to land use regulations; and to require certain duties of certain governmental entities.

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

Reps. Amash, Agema, Meekhof, Horn, Walsh, McMillin, Moss, Bolger, Lori, Calley, Daley, Haveman, Genetski, Lund, Rogers, Kowall and Opsommer introduced

House Joint Resolution PP, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 7 to article X, to require just compensation for certain reductions in the value of private real property due to land use regulation.

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

Reps. Amash, Lund, McMillin, Agema, Genetski, Calley, Haveman, Rick Jones, Green, Elsenheimer, Meekhof, Knollenberg, Haines, Hildenbrand, Marleau, Paul Scott, Kurtz, Meltzer, Bolger, Tyler, Kowall, Rogers, DeShazor and Daley introduced

House Joint Resolution QQ, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 26 of article IV, to provide for concurrence of 2/3 of the members of each house to impose or increase certain taxes.

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

______

Rep. Calley moved that the House adjourn.

The motion prevailed, the time being 5:45 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, December 10, at 10:00 a.m.

RICHARD J. BROWN

Clerk of the House of Representatives

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