No. 24

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Wednesday, March 10, 2010.

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 Kurtz—present Polidori—present

Amash—present Ebli—present Lahti—present Proos—present

Angerer—present Elsenheimer—present LeBlanc—present Roberts—present

Ball—present Espinoza—present Leland—present Rocca—present

Barnett—present Geiss—present Lemmons—present Rogers—present

Bauer—present Genetski—present Lindberg—present Schmidt, R.—present

Bennett—present Gonzales—excused Lipton—present Schmidt, W.—present

Bledsoe—present Green—present Liss—present Schuitmaker—present

Bolger—present Gregory—present Lori—present Scott, B.—present

Booher—present Griffin—present Lund—present Scott, P.—present

Brown, L.—present Haase—present Marleau—present Scripps—present

Brown, T.—present Haines—present Mayes—present Segal—present

Byrnes—present Hammel—present McDowell—present Sheltrown—present

Byrum—present Hansen—present McMillin—present Slavens—present

Calley—present Haugh—present Meadows—present Slezak—present

Caul—present Haveman—present Meekhof—present Smith—present

Clemente—present Hildenbrand—present Melton—present Spade—present

Constan—present Horn—present Meltzer—present Stamas—present

Corriveau—present Huckleberry—present Miller—present Stanley—present

Coulouris—excused Jackson—present Moore—present Switalski—present

Crawford—present Johnson—present Moss—present Tlaib—present

Cushingberry—present Jones, Rick—present Nathan—present Tyler—present

Daley—present Jones, Robert—present Nerat—present Valentine—present

Dean—present Kandrevas—present Neumann—present Walsh—present

Denby—present Kennedy—present Opsommer—present Warren—present

DeShazor—present Knollenberg—present Pavlov—present Womack—present

Dillon—present Kowall—present Pearce—present Young—present

Donigan—present

e/d/s = entered during session

Rep. Tim Moore, from the 97th District, offered the following invocation:

“Guide us, Gracious Father, through all the changing circumstances of life; that in all things present and future, we may have a calm, consistent and peaceful spirit;

Lord, we pray for safety. As we travel mile after mile, we ask that You guide and protect us and keep us safe.

Lord, we pray for wisdom, as we make decisions that will affect every resident of our state, we ask You to bless our hearts and minds with Your wisdom.

Lord, we pray for courage, the courage to honor Your word in all that we do in this chamber.

Lord, we pray for our service men and women and their families, as they are making supreme sacrifices to protect our freedom and liberty.

Lord, we ask with all of our hearts: ‘Lead us not into temptation, but deliver us from evil.’ Amen.”

______

Rep. Dean moved that Reps. Coulouris and Gonzales be excused from today’s session.

The motion prevailed.

Motions and Resolutions

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 221.

A resolution of tribute offered as a memorial for Roy L. Spencer, former member of the House of Representatives.

Whereas, With the passing of Roy Spencer, Michigan has lost a gentleman who served his community, profession, state, and nation with exceptional distinction. The example of his unselfishness and leadership over the course of his accomplishment-filled life is a model of the highest standards of citizenship and patriotism; and

Whereas, Roy Spencer, a life-long resident of Attica Township in Lapeer County, embodied the spirit of selflessness and duty long associated with the well-named “Greatest Generation.” As the upheaval of war brewed overseas, he joined the Army and graduated from Officer Candidate School prior to taking up arms in Europe throughout the war. Decorated many times for bravery on the field of battle, Roy Spencer earned the Bronze Star in the Battle of the Bulge and attained the rank of captain. His return to Michigan changed the focus of his attention, but not his commitment to the service of others. In addition to achieving success in agriculture, he took on responsibilities in township government and with the local school board; and

Whereas, Roy Spencer brought his sense of unselfish dedication to Lansing following his election to the House of Representatives in 1960. For 8 terms, he worked diligently as the state implemented a new constitution and adjusted to sharply changing economic and social conditions. His steady contributions to the legislative process included his many years with the Taxation and Education Committees. His expertise in tax matters continued to serve the people of this state even after the conclusion of his legislative service, as he served on the Michigan Tax Tribunal until 1985. Clearly, Roy Spencer was a gentleman with an exceptional sense of citizenship in all aspects of his life; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Roy L. Spencer, a member of this legislative body from 1961 to 1976; and be it further

Resolved, That copies of this resolution be transmitted to the Spencer family as evidence of our lasting esteem for his memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

Messages from the Senate

The Speaker laid before the House

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.

(The bill was received from the Senate on March 4, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 9, see House Journal No. 22, p. 256.)

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

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

Roll Call No. 63 Yeas—98

Angerer Elsenheimer LeBlanc Rocca

Ball Espinoza Leland Rogers

Barnett Geiss Lemmons Schmidt, R.

Bauer Green Lindberg Schmidt, W.

Bennett Gregory Lipton Schuitmaker

Bledsoe Griffin Liss Scott, B.

Bolger Haase Lori Scott, P.

Booher Haines Mayes Scripps

Brown, L. Hammel McDowell Segal

Brown, T. Hansen Meadows Sheltrown

Byrnes Haugh Melton Slavens

Byrum Haveman Meltzer Slezak

Calley Hildenbrand Miller Smith

Clemente Horn Moore Spade

Constan Huckleberry Moss Stamas

Corriveau Jackson Nathan Stanley

Crawford Johnson Nerat Switalski

Cushingberry Jones, Rick Neumann Tlaib

Dean Jones, Robert Opsommer Tyler

Denby Kandrevas Pavlov Valentine

DeShazor Kennedy Pearce Walsh

Dillon Knollenberg Polidori Warren

Donigan Kowall Proos Womack

Durhal Kurtz Roberts Young

Ebli Lahti

Nays—9

Agema Daley Lund McMillin

Amash Genetski Marleau Meekhof

Caul

In The Chair: Byrnes

The House agreed to the title as amended.

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

Second Reading of Bills

Senate Bill No. 251, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

The bill was read a second time.

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

The motion prevailed.

Rep. Dean 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. 251, 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. 64 Yeas—107

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Genetski Lipton Schmidt, W.

Bennett Green Liss Schuitmaker

Bledsoe Gregory Lori Scott, B.

Bolger Griffin Lund Scott, P.

Booher Haase Marleau Scripps

Brown, L. Haines Mayes Segal

Brown, T. Hammel McDowell Sheltrown

Byrnes Hansen McMillin Slavens

Byrum Haugh Meadows Slezak

Calley Haveman Meekhof Smith

Caul Hildenbrand Melton Spade

Clemente Horn Meltzer Stamas

Constan Huckleberry Miller Stanley

Corriveau 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

Dillon Kowall Pearce Young

Donigan Kurtz Polidori

Nays—0

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Dean 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. 4986, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2009 PA 16.

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

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

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

The motion prevailed.

Rep. Dean 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. 4986, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2009 PA 16.

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

Roll Call No. 65 Yeas—74

Angerer Ebli Lahti Schmidt, R.

Ball Espinoza LeBlanc Schmidt, W.

Barnett Geiss Leland Scott, B.

Bauer Gregory Lemmons Scripps

Bennett Griffin Lindberg Segal

Bledsoe Haase Lipton Sheltrown

Brown, L. Haines Liss Slavens

Brown, T. Hammel Lund Slezak

Byrnes Hansen Mayes Smith

Byrum Haugh McDowell Spade

Clemente Haveman Meadows Stanley

Constan Huckleberry Melton Switalski

Corriveau Jackson Nathan Tlaib

Cushingberry Johnson Nerat Valentine

Dean Jones, Rick Neumann Walsh

Denby Jones, Robert Polidori Warren

Dillon Kandrevas Roberts Womack

Donigan Kennedy Rocca Young

Durhal Knollenberg

Nays—33

Agema Elsenheimer Marleau Pavlov

Amash Genetski McMillin Pearce

Bolger Green Meekhof Proos

Booher Hildenbrand Meltzer Rogers

Calley Horn Miller Schuitmaker

Caul Kowall Moore Scott, P.

Crawford Kurtz Moss Stamas

Daley Lori Opsommer Tyler

DeShazor

In The Chair: Byrnes

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

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

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending sections 4 and 9 (MCL 207.774 and 207.779), section 4 as amended by 2009 PA 16 and section 9 as amended by 2005 PA 340.

The motion prevailed.

The House agreed to the title as amended.

Rep. Dean 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. 5899, entitled

A bill to amend 2009 PA 149, entitled “An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” (MCL 339.101 to 339.2919) by amending the title, as amended by 1993 PA 93, and by adding section 1809a,” by amending enacting section 1.

The bill was read a second time.

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

The motion prevailed.

Rep. Dean 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. 5899, 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. 66 Yeas—107

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Genetski Lipton Schmidt, W.

Bennett Green Liss Schuitmaker

Bledsoe Gregory Lori Scott, B.

Bolger Griffin Lund Scott, P.

Booher Haase Marleau Scripps

Brown, L. Haines Mayes Segal

Brown, T. Hammel McDowell Sheltrown

Byrnes Hansen McMillin Slavens

Byrum Haugh Meadows Slezak

Calley Haveman Meekhof Smith

Caul Hildenbrand Melton Spade

Clemente Horn Meltzer Stamas

Constan Huckleberry Miller Stanley

Corriveau 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

Dillon Kowall Pearce Young

Donigan Kurtz Polidori

Nays—0

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Dean 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. 5900, entitled

A bill to amend 2009 PA 148, entitled “An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” (MCL 339.101 to 339.2919) by adding section 1809b,” by amending enacting section 1.

The bill was read a second time.

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

The motion prevailed.

Rep. Dean 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. 5900, 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. 67 Yeas—107

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Genetski Lipton Schmidt, W.

Bennett Green Liss Schuitmaker

Bledsoe Gregory Lori Scott, B.

Bolger Griffin Lund Scott, P.

Booher Haase Marleau Scripps

Brown, L. Haines Mayes Segal

Brown, T. Hammel McDowell Sheltrown

Byrnes Hansen McMillin Slavens

Byrum Haugh Meadows Slezak

Calley Haveman Meekhof Smith

Caul Hildenbrand Melton Spade

Clemente Horn Meltzer Stamas

Constan Huckleberry Miller Stanley

Corriveau 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

Dillon Kowall Pearce Young

Donigan Kurtz Polidori

Nays—0

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Dean 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. 1172, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17231.

The bill was read a second time.

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

The motion prevailed.

Rep. Dean 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. 1172, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17231.

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

Roll Call No. 68 Yeas—107

Agema Durhal Lahti Proos

Amash Ebli LeBlanc Roberts

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Genetski Lipton Schmidt, W.

Bennett Green Liss Schuitmaker

Bledsoe Gregory Lori Scott, B.

Bolger Griffin Lund Scott, P.

Booher Haase Marleau Scripps

Brown, L. Haines Mayes Segal

Brown, T. Hammel McDowell Sheltrown

Byrnes Hansen McMillin Slavens

Byrum Haugh Meadows Slezak

Calley Haveman Meekhof Smith

Caul Hildenbrand Melton Spade

Clemente Horn Meltzer Stamas

Constan Huckleberry Miller Stanley

Corriveau 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

Dillon Kowall Pearce Young

Donigan Kurtz Polidori

Nays—0

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 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,”

The House agreed to the full title.

Rep. Dean 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. Hildenbrand moved that the Committee on Great Lakes and Environment be discharged from further consideration of House Bill No. 4908.

(For first notice see House Journal No. 23, p. 274.)

The question being on the motion made by Rep. Hildenbrand,

Rep. Hildenbrand withdrew the motion.

Rep. Hildenbrand moved that the Committee on Great Lakes and Environment be discharged from further consideration of House Bill No. 4898.

(For first notice see House Journal No. 23, p. 274.)

The question being on the motion made by Rep. Hildenbrand,

Rep. Hildenbrand withdrew the motion.

Rep. Hildenbrand moved that the Committee on Government Operations be discharged from further consideration of House Bill No. 4988.

(For first notice see House Journal No. 23, p. 274.)

The question being on the motion made by Rep. Hildenbrand,

Rep. Hildenbrand withdrew the motion.

Reps. Agema, Proos, Elsenheimer, Hildenbrand, Meekhof, Genetski, Marleau, Wayne Schmidt, Paul Scott, Green, Pavlov, DeShazor, Denby, Crawford, Tyler, Kurtz, Booher, Bolger, Amash, Kowall, Walsh, Knollenberg, Haines, Rogers, Schuitmaker, Haveman, Rick Jones, Pearce, Lori, Lund, McMillin, Ball, Hansen and Stamas offered the following resolution:

House Resolution No. 222.

A resolution to extend subpoena power to the House Appropriations Committee relative to the operation of the Michigan Home Based Child Care Council within the Department of Human Services budget.

Whereas, Full access to accurate information is essential for sound decision making by any public or private body. Section 1 of 1931 PA 118, being MCL § 4.101, provides, in part, that

Committees and commissions of or appointed by the legislature may by resolution of the legislature be authorized to administer oaths, subpoena witnesses and/or to examine the books and records of any persons, partnerships or corporations involved in a matter properly before any of such committees or commissions.

Section 1 of 1952 PA 46, being MCL § 4.541, provides, in part, that

…any standing or select committee of the senate or the house of representatives, and any joint select committee of the senate and house of representatives, shall be authorized to subpoena and have produced before any such committee, or inspect the records and files of any state department, board, institution or agency; and it shall be the duty of any state department, board, institution or agency to produce before the committee as required by the subpoena, or permit the members of any such committee to inspect its records and files.

Pursuant to Rule 37 of the Standing Rules of the House of Representatives, the authority for a committee to issue subpoenas shall be granted by resolution, with the vote for adoption by record roll call and a majority of members elected and serving required for adoption; and

Whereas, With the enactment of 2009 PA 129 in November, the Michigan Home Based Child Care Council effectively lost its funding. In spite of this, it appears that the Department of Human Service continues to operate this program. This situation demands a full review of this matter and compels the House Appropriations Committee to seek the testimony and information about the operation and budget of this program; now, therefore, be it

Resolved by the House of Representatives, That, pursuant to MCL § 4.101 and MCL § 4.541 and Rule 37 of the Standing Rules of the House of Representatives, we hereby grant subpoena power to the House Appropriations Committee relative to the operation of the Michigan Home Based Child Care Council within the Department of Human Services budget.

The resolution was referred to the Committee on Judiciary.

Reps. Kurtz, Ball, Byrnes, Crawford, Cushingberry, Griffin, Hansen, Robert Jones, Kowall, Liss, Lori, Lund, Marleau, Mayes, Pearce, Schuitmaker, Sheltrown, Slavens, Smith, Spade, Tyler and Valentine offered the following resolution:

House Resolution No. 223.

A resolution to declare March 2010 as Emergency Services Month in the state of Michigan.

Whereas, Emergency services offices in the state of Michigan provide citizens with efficient and comprehensive responses to emergency situations, designed to save lives, prevent property damage, and protect our environmental resources; and

Whereas, Emergency services in Michigan consists of police, fire, ambulance, and other types of personnel; and

Whereas, Effective emergency service management requires agencies from many different services to work closely together and to have open lines of communication; and

Whereas, Every Michigan community benefits from the services that emergency services personnel provide; and

Whereas, Countless hours of planning and training are needed for emergency services personnel to be prepared for any situation that may arise; and

Whereas, Focused and specific training is required to prepare emergency services professionals to provide citizens with a timely and adequate response; and

Whereas, Countless lives are saved every year by the heroic efforts of emergency services professionals; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2010 as Emergency Services Month in the state of Michigan; and be if further

Resolved, That we commend all emergency services personnel across the state of Michigan for their efforts to improve the lives of Michigan citizens.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Slavens, Ball, Byrnes, Crawford, Cushingberry, Ebli, Griffin, Hansen, Robert Jones, Kowall, LeBlanc, Liss, Lori, Lund, Marleau, Mayes, Miller, Pearce, Schuitmaker, Segal, Sheltrown, Smith, Spade, Tyler and Valentine offered the following resolution:

House Resolution No. 224.

A resolution to declare March 12, 2010, as Girl Scout Day in the state of Michigan.

Whereas, March 12, 2010, marks the 98th anniversary of the Girl Scouts of the United States of America, founded by Juliette Gordon Low in Savannah, Georgia, in 1912; and

Whereas, The purpose of Girl Scouting is to inspire girls with the highest ideals of character, conduct, patriotism, and service so that they may become happy and resourceful citizens; and

Whereas, Throughout the organization’s distinguished history, Girl Scouting has instilled millions of girls and women with the courage, confidence, and character to make the world a better place; and

Whereas, Through participation in a Girl Scout troop, girls develop the skills that will serve them throughout their lives so that they may contribute to their communities; and

Whereas, Girl Scouting takes an active role in increasing girls’ awareness of the opportunities in math, science, sports, technology, and many other fields of interest that can expand their horizons; and

Whereas, For 98 years, Girl Scouting has served as a voice for girls in Michigan while providing the opportunity to become better friends, stronger women, and empowered leaders; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 12, 2010, as Girl Scout Day in the state of Michigan; and be it further

Resolved, That the members of this legislative body commend and congratulate all the girls and women in Michigan who participate in Girl Scouting.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Schuitmaker, Ball, Byrnes, Crawford, Cushingberry, Griffin, Hansen, Robert Jones, Liss, Lori, Marleau, Mayes, Sheltrown, Slavens, Smith, Spade, Tyler and Valentine offered the following concurrent resolution:

House Concurrent Resolution No. 44.

A concurrent resolution to memorialize Congress and the Michigan Department of Education to support an increase in the nutritional quality and options available through school lunch programs.

Whereas, All children, regardless of income, need a healthy school lunch each day in compliance with the Richard B. Russell National School Lunch Program established in 1946; and

Whereas, A disproportionate rise in poor health indicators, including obesity, risk for heart disease, diagnoses of cancer, and adult onset diabetes, are linked to diet. Studies indicate that almost 1 in 3 American children are overweight or obese. A significant percentage of children who rely on free and reduced-price school meals are considered at risk for these diet-related degenerative diseases; and

Whereas, Health experts recommend a greater emphasis in the American diet on fruits, vegetables, whole grains, and legumes, which contain fiber and essential nutrients, including vitamins and minerals, are low in fat and calories, and contain no cholesterol. Exposure to more plant-based entrees in the school cafeteria would positively influence children’s health; and

Whereas, In order to provide variety and encourage consumption and participation, school lunch programs should offer a selection of menu items and foods from which children may choose, including plant-based meals and nondairy healthful beverage alternatives; therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize Congress and the Michigan Department of Education to support an increase in the nutritional quality and options available through school lunch programs; 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, the members of the Michigan congressional delegation, and the Michigan Department of Education.

The concurrent resolution was referred to the Committee on Education.

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, March 10:

House Bill Nos. 5925 5926 5927 5928 5929 5930 5931 5932 5933 5934 5935 5936 5937

The Clerk announced that the following Senate bills had been received on Wednesday, March 10:

Senate Bill Nos. 185 492

Reports of Standing Committees

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

House Bill No. 5937, 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 27a (MCL 205.27a), as amended by 2003 PA 23.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Ebli, Robert Jones, Kandrevas, Lipton, Mayes, Meadows, Slezak, Warren, Calley, Lund, Meekhof, Stamas and Walsh

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 10, 2010

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

Absent: Reps. Melton and Kowall

Excused: Rep. Kowall

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

House Bill No. 4379, entitled

A bill to amend 1968 PA 318, entitled “An act to implement the provisions of section 10 of article 4 of the constitution relating to substantial conflicts of interest on the part of members of the legislature and state officers in respect to contracts with the state and the political subdivisions thereof; to provide for penalties for the violation thereof; to repeal all acts and parts of acts in conflict with this act; and to validate certain contracts,” (MCL 15.301 to 15.310) by adding section 2a.

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 and Kurtz

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, March 10, 2010

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. 5242, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 74b.

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. Valentine, Womack, Liss, Neumann and Slavens

Nays: Rep. Moore

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

House Bill No. 5243, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 74c.

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. Valentine, Womack, Liss, Neumann, Slavens and Kurtz

Nays: None

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

House Bill No. 5244, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 74a.

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. Valentine, Womack, Liss, Neumann and Slavens

Nays: None

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

House Bill No. 5838, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 74d.

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. Valentine, Womack, Liss, Neumann and Slavens

Nays: None

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

House Bill No. 5934, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14a of chapter XVII (MCL 777.14a), as added by 2002 PA 29.

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 and Slavens

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, March 10, 2010

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

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

House Bill No. 5405, 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, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gregory, Jackson, Lahti, 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

Senate Bill No. 1131, entitled

A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” by amending sections 31, 32, 33, and 53 (MCL 288.501, 288.502, 288.503, and 288.523), sections 31 and 53 as amended by 2008 PA 136.

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, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib and Lori

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

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

Senate Bill No. 1132, entitled

A bill to amend 2001 PA 267, entitled “Manufacturing milk law of 2001,” by amending sections 110 and 125 (MCL 288.670 and 288.685), as amended by 2008 PA 147, and by adding section 110b.

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, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib and Lori

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 10, 2010

Present: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, 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. Gonzales

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

House Bill No. 5756, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 27 (MCL 421.27), as amended by 2002 PA 192.

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. Lindberg, Kennedy, Kandrevas, Liss, Bettie Scott, Slezak, Young, Amash, Daley, Haveman and McMillin

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 10, 2010

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

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

House Bill No. 4970, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8102) by adding section 5109.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Meadows, Kandrevas, Bettie Scott, Schuitmaker, Amash, Haveman, Rick Jones and Rocca

Nays: None

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

House Bill No. 5783, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1335 (MCL 600.1335), as amended by 2004 PA 12.

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, Warren, Schuitmaker, Amash, Haveman and Rocca

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 10, 2010

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

Absent: Reps. Coulouris and Kowall

Excused: Reps. Coulouris and Kowall

Messages from the Senate

House Bill No. 4172, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21530; and to repeal acts and parts of acts.

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. 5621, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 53b (MCL 211.53b), as amended by 2008 PA 122.

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.

Senate Bill No. 185, entitled

A bill to amend 1972 PA 348, entitled “An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,” (MCL 554.601 to 554.616) by adding section 1b.

The Senate has passed the bill.

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

Senate Bill No. 492, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2 and 13 (MCL 125.2652 and 125.2663), section 2 as amended by 2007 PA 204 and section 13 as amended by 2007 PA 202.

The Senate has passed the bill.

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

Notices

March 9, 2010

Mr. Richard J. Brown, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

Dear Mr. Clerk:

I hereby make the following changes to the House Standing Committees for the 2009-2010 Legislative Session:

Banking Health Policy

Remove Rep. Coulouris Remove Rep. Coulouris

Add Rep. Scripps (C), Roy Schmidt (Maj. VC) Add Rep. Haase

Commerce Tax Policy

Remove Rep. Haase Remove Rep. Coulouris

Add Rep. Barnett (Maj. VC) Add Rep. Meadows

Please feel free to contact me should you have any questions regarding this letter.

Regards,

Andy Dillon

Speaker

Michigan House of Representatives

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Great Lakes and Environment from further consideration of House Bill No. 4908.

Rep. Hildenbrand

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Great Lakes and Environment from further consideration of House Bill No. 4898.

Rep. Hildenbrand

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 4988.

Rep. Hildenbrand

Introduction of Bills

Rep. DeShazor introduced

House Bill No. 5938, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ee.

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

Rep. DeShazor introduced

House Bill No. 5939, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4bb.

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

Reps. Genetski, Rick Jones, Elsenheimer, Kowall, Bolger, Tyler, Rogers, Haines, Denby, Moss, Calley, Marleau, Horn, Walsh, Moore, Schuitmaker, Daley, Pavlov, Meekhof, Haveman, Lund, Liss, Agema, Pearce, Kurtz, Paul Scott, Lori, Knollenberg, Ball, Crawford, McMillin, Caul, Proos, Booher, Wayne Schmidt, Hildenbrand and DeShazor introduced

House Bill No. 5940, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 14k.

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

Reps. Haveman, Rick Jones, Elsenheimer, Kowall, Bolger, Knollenberg, Tyler, Rogers, Denby, Moss, Calley, Marleau, Horn, Walsh, Meltzer, Moore, Schuitmaker, Daley, Pavlov, Meekhof, Lund, Genetski, Liss, Agema, Pearce, Kurtz, Paul Scott, Lori, Ball, Crawford, McMillin, Caul, Proos, Booher, Wayne Schmidt, Hildenbrand and DeShazor introduced

House Bill No. 5941, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10c.

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

Reps. Proos, Stamas, Meltzer, Pavlov, Agema, Moss, Marleau, Denby, Tyler, Liss, Bolger, Calley, Lori, Horn, Moore, Schuitmaker, Daley, Rick Jones, Meekhof, Elsenheimer, Pearce, Genetski, Walsh, Kowall, Rogers, Kurtz, Paul Scott, Knollenberg, Ball, Crawford, McMillin, Caul, Booher, Wayne Schmidt, Hildenbrand and DeShazor introduced

House Bill No. 5942, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10c.

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

Reps. Rick Jones, Kurtz, Calley, Opsommer, Knollenberg, Denby, Elsenheimer, Kowall, Bolger, Genetski, Tyler, Agema, Haines, Moss, Marleau, Walsh, Meltzer, Moore, Schuitmaker, Daley, Pavlov, Meekhof, Crawford, McMillin, Haveman, Lund, Liss, Rogers, Pearce, Paul Scott, Lori, Horn, Ball, Caul, Proos, Booher, Wayne Schmidt, Hildenbrand and DeShazor introduced

House Bill No. 5943, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57v.

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

Reps. Haines, Rick Jones, Elsenheimer, Kowall, Bolger, Knollenberg, Tyler, Rogers, Denby, Moss, Calley, Marleau, Lori, Horn, Walsh, Meltzer, Moore, Schuitmaker, Daley, Pavlov, Meekhof, Proos, Haveman, Lund, Genetski, Liss, Agema, Pearce, Kurtz, Paul Scott, Ball, Crawford, McMillin, Caul, Booher, Wayne Schmidt, Hildenbrand and DeShazor introduced

House Bill No. 5944, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 14k.

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

Reps. Rick Jones, Kurtz, Calley, Opsommer, McMillin, Knollenberg, Denby, Haveman, Elsenheimer, Kowall, Bolger, Genetski, Tyler, Haines, Moss, Marleau, Walsh, Moore, Schuitmaker, Daley, Pavlov, Caul, Meekhof, Crawford, Lund, Liss, Rogers, Agema, Pearce, Paul Scott, Lori, Horn, Meltzer, Ball, Proos, Booher, Wayne Schmidt, Hildenbrand and DeShazor introduced

House Bill No. 5945, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10c.

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

Rep. Lahti introduced

House Bill No. 5946, entitled

A bill to amend 1976 PA 295, entitled “State transportation preservation act of 1976,” (MCL 474.51 to 474.70) by adding section 10h.

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

Reps. Slezak, Paul Scott, Liss, Womack, Neumann and Haugh introduced

House Bill No. 5947, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712A.32) by adding section 19d to chapter XIIA.

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

Reps. Slezak, Paul Scott, Liss, Womack, Neumann and Haugh introduced

House Bill No. 5948, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2882 (MCL 333.2882), as amended by 2002 PA 691.

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

______

Rep. Scripps moved that the House adjourn.

The motion prevailed, the time being 3:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, March 11, at 12:00 Noon.

RICHARD J. BROWN

Clerk of the House of Representatives

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