No. 54
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2010
House Chamber, Lansing, Tuesday, June 1, 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—excused Kurtz—present Polidori—present
Amash—present Ebli—present Lahti—present Proos—present
Angerer—present Elsenheimer—present LeBlanc—present Roberts—present
Ball—present Espinoza—excused Leland—present Rocca—present
Barnett—present Geiss—present Lemmons—present Rogers—present
Bauer—present Genetski—present Lindberg—present Schmidt, R.—present
Bennett—present Gonzales—present 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
Crawford—present Jackson—present Moore—present Switalski—excused
Cushingberry—present Johnson—present Moss—present Tlaib—e/d/s
Daley—present Jones, Rick—present Nathan—present Tyler—present
Dean—present Jones, Robert—present Nerat—present Valentine—present
Denby—present Kandrevas—present Neumann—present Walsh—present
DeShazor—present Kennedy—present Opsommer—present Warren—present
Dillon—present Knollenberg—present Pavlov—present Womack—present
Donigan—present Kowall—present Pearce—present Young—present
e/d/s = entered during session
Rep. Darwin L. Booher, from the 102nd District, offered the following invocation:
“Almighty God, I stand before You today thanking You for the great privilege You have granted each one of us. Currently our state and our nation are at major crossroads. Many of the decisions we make today will have lasting impacts on the future of our state and nation. Our Forefathers before us also faced many of the same challenges as we are facing and like them we must look within ourselves to do what is right for the people who elected us. During times like these there can be no party-lines and there can be no agenda. Right now we must all be Americans! As Americans we have been granted special rights and freedoms that came at a terrible price. We have fought many battles in many countries and many lives have been lost to preserve these rights. But now the time for fighting is over and we all need to stand united and rise up to the challenges that this state and nation have elected us to do. Our districts have elected us because they have faith in us. Our state needs us to do what is right. I know what my heart is telling me, and I know each of you are feeling the same way. We must join as one people and as one voice to meet these challenges. Let’s stand as one nation under God and give liberty and justice for all.
Lord give us wisdom in this process. In Gods name we pray, Amen.
Written by Chad Booher, son of Representative Booher.”
______
Rep. Segal moved that Reps. Durhal, Espinoza and Switalski be excused from today’s session.
The motion prevailed.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 171.
A resolution to memorialize Congress to enact the FAA Reauthorization Act of 2009 with language that treats all employees of the express carrier industry equally under federal labor laws.
(For text of resolution, see House Journal No. 90 of 2009, p. 2126.)
(The resolution was reported by the Committee on Labor on May 26.)
The question being on the adoption of the resolution,
The resolution was adopted.
Second Reading of Bills
Senate Bill No. 1097, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 11a (MCL 380.11a), as amended by 2006 PA 515.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Tyler moved to amend the bill as follows:
1. Amend page 5, line 14, by striking out all of subdivisions (A) and (B) and inserting:
“(A) THAT A STUDENT OR GRADUATE IS NOT ELIGIBLE TO BE AWARDED A SCHOLARSHIP UNLESS THE STUDENT OR GRADUATE IS ENROLLED IN THE SCHOOL DISTRICT FOR ALL OF GRADES 9 TO 12 AND MEETS 1 OF THE FOLLOWING:
(i) IS A RESIDENT OF THE SCHOOL DISTRICT FOR ALL OF GRADES 9 TO 12.
(ii) WAS ENROLLED IN THE SCHOOL DISTRICT FOR THE 2009-2010 SCHOOL YEAR BUT WAS NOT A RESIDENT OF THE SCHOOL DISTRICT FOR THAT SCHOOL YEAR, AND IS ENROLLED IN THE SCHOOL DISTRICT CONTINUOUSLY AFTER THAT SCHOOL YEAR UNTIL GRADUATION.
(B) THAT THE AMOUNT OF A SCHOLARSHIP AWARDED TO A STUDENT OR GRADUATE WHO WAS NOT ENROLLED IN AND A CONTINUOUS RESIDENT OF THE SCHOOL DISTRICT FOR ALL OF GRADES K TO 12 SHALL BE ADJUSTED BASED ON LENGTH OF ENROLLMENT AND CONTINUOUS RESIDENCY OR, FOR A STUDENT OR GRADUATE DESCRIBED IN SUBDIVISION (A)(ii), BASED ON LENGTH OF ENROLLMENT.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Segal moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1097, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 11a (MCL 380.11a), as amended by 2006 PA 515.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 230 Yeas—97
Angerer Ebli Lahti Proos
Ball Elsenheimer LeBlanc Roberts
Barnett Geiss Leland Rocca
Bauer Genetski Lemmons Rogers
Bennett Gonzales Lindberg Schmidt, R.
Bledsoe Green Lipton Schmidt, W.
Bolger Gregory Liss Schuitmaker
Booher Griffin Lori Scott, B.
Brown, L. Haase Lund Scott, P.
Brown, T. Haines Marleau Scripps
Byrnes Hammel Mayes Segal
Byrum Hansen McDowell Sheltrown
Calley Haugh Meadows Slavens
Caul Hildenbrand Meekhof Slezak
Clemente Huckleberry Melton Smith
Constan Jackson Meltzer Spade
Corriveau Johnson Miller Stamas
Crawford Jones, Rick Moore Stanley
Cushingberry Jones, Robert Moss Tyler
Daley Kandrevas Nathan Valentine
Dean Kennedy Nerat Walsh
Denby Knollenberg Neumann Warren
DeShazor Kowall Pavlov Womack
Dillon Kurtz Polidori Young
Donigan
Nays—7
Agema Haveman McMillin Pearce
Amash Horn Opsommer
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 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,”
The House agreed to the full title.
Rep. Segal moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Segal moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
______
Rep. Tlaib entered the House Chambers.
Second Reading of Bills
House Bill No. 6168, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 9928 (MCL 600.9928).
The bill was read a second time.
Rep. Bledsoe moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Segal moved that Rep. Dean 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. 6168, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 9928 (MCL 600.9928).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 231 Yeas—104
Agema Ebli Lahti Polidori
Amash Elsenheimer LeBlanc Proos
Angerer Geiss Leland Roberts
Ball Genetski Lemmons Rocca
Barnett Gonzales Lindberg Rogers
Bauer Green Lipton Schmidt, R.
Bennett Gregory Liss Schmidt, W.
Bledsoe Griffin Lori Schuitmaker
Bolger Haase Lund Scott, B.
Booher Haines Marleau Scott, P.
Brown, L. Hammel Mayes Scripps
Brown, T. Hansen McDowell Segal
Byrnes Haugh McMillin Sheltrown
Byrum Haveman Meadows Slavens
Calley Hildenbrand Meekhof Slezak
Caul Horn Melton Smith
Clemente Huckleberry Meltzer Spade
Constan Jackson Miller Stamas
Corriveau Johnson Moore Stanley
Crawford Jones, Rick Moss Tlaib
Cushingberry Jones, Robert Nathan Tyler
Daley Kandrevas Nerat Valentine
Denby Kennedy Neumann Walsh
DeShazor Knollenberg Opsommer Warren
Dillon Kowall Pavlov Womack
Donigan Kurtz Pearce Young
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6169, entitled
A bill to amend 1956 PA 5, entitled “Michigan uniform municipal court act,” (MCL 730.501 to 730.534) by adding section 8a.
The bill was read a second time.
Rep. Bledsoe moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6169, entitled
A bill to amend 1956 PA 5, entitled “Michigan uniform municipal court act,” (MCL 730.501 to 730.534) by adding section 8a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 232 Yeas—104
Agema Ebli Lahti Polidori
Amash Elsenheimer LeBlanc Proos
Angerer Geiss Leland Roberts
Ball Genetski Lemmons Rocca
Barnett Gonzales Lindberg Rogers
Bauer Green Lipton Schmidt, R.
Bennett Gregory Liss Schmidt, W.
Bledsoe Griffin Lori Schuitmaker
Bolger Haase Lund Scott, B.
Booher Haines Marleau Scott, P.
Brown, L. Hammel Mayes Scripps
Brown, T. Hansen McDowell Segal
Byrnes Haugh McMillin Sheltrown
Byrum Haveman Meadows Slavens
Calley Hildenbrand Meekhof Slezak
Caul Horn Melton Smith
Clemente Huckleberry Meltzer Spade
Constan Jackson Miller Stamas
Corriveau Johnson Moore Stanley
Crawford Jones, Rick Moss Tlaib
Cushingberry Jones, Robert Nathan Tyler
Daley Kandrevas Nerat Valentine
Denby Kennedy Neumann Walsh
DeShazor Knollenberg Opsommer Warren
Dillon Kowall Pavlov Womack
Donigan Kurtz Pearce Young
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6170, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 10, 11, and 492 (MCL 168.10, 168.11, and 168.492), section 492 as amended by 1989 PA 142.
The bill was read a second time.
Rep. Bledsoe moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6170, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 10, 11, and 492 (MCL 168.10, 168.11, and 168.492), section 492 as amended by 1989 PA 142.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 233 Yeas—104
Agema Ebli Lahti Polidori
Amash Elsenheimer LeBlanc Proos
Angerer Geiss Leland Roberts
Ball Genetski Lemmons Rocca
Barnett Gonzales Lindberg Rogers
Bauer Green Lipton Schmidt, R.
Bennett Gregory Liss Schmidt, W.
Bledsoe Griffin Lori Schuitmaker
Bolger Haase Lund Scott, B.
Booher Haines Marleau Scott, P.
Brown, L. Hammel Mayes Scripps
Brown, T. Hansen McDowell Segal
Byrnes Haugh McMillin Sheltrown
Byrum Haveman Meadows Slavens
Calley Hildenbrand Meekhof Slezak
Caul Horn Melton Smith
Clemente Huckleberry Meltzer Spade
Constan Jackson Miller Stamas
Corriveau Johnson Moore Stanley
Crawford Jones, Rick Moss Tlaib
Cushingberry Jones, Robert Nathan Tyler
Daley Kandrevas Nerat Valentine
Denby Kennedy Neumann Walsh
DeShazor Knollenberg Opsommer Warren
Dillon Kowall Pavlov Womack
Donigan Kurtz Pearce Young
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6197, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 1213 (MCL 700.1213), as amended by 2000 PA 54, and by adding section 2723.
The bill was read a second time.
Rep. Kandrevas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6197, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 1213 (MCL 700.1213), as amended by 2000 PA 54, and by adding section 2723.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 234 Yeas—105
Agema Ebli Lahti Polidori
Amash Elsenheimer LeBlanc Proos
Angerer Geiss Leland Roberts
Ball Genetski Lemmons Rocca
Barnett Gonzales Lindberg Rogers
Bauer Green Lipton Schmidt, R.
Bennett Gregory Liss Schmidt, W.
Bledsoe Griffin Lori Schuitmaker
Bolger Haase Lund Scott, B.
Booher Haines Marleau Scott, P.
Brown, L. Hammel Mayes Scripps
Brown, T. Hansen McDowell Segal
Byrnes Haugh McMillin Sheltrown
Byrum Haveman Meadows Slavens
Calley Hildenbrand Meekhof Slezak
Caul Horn Melton Smith
Clemente Huckleberry Meltzer Spade
Constan Jackson Miller Stamas
Corriveau Johnson Moore Stanley
Crawford Jones, Rick Moss Tlaib
Cushingberry Jones, Robert Nathan Tyler
Daley Kandrevas Nerat Valentine
Dean Kennedy Neumann Walsh
Denby Knollenberg Opsommer Warren
DeShazor Kowall Pavlov Womack
Dillon Kurtz Pearce Young
Donigan
Nays—0
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
Senate Bill No. 1154, entitled
A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2011; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.
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, Bennett, Terry Brown, Dean, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade and Tlaib
Nays: Reps. Moss, Agema, Booher, Caul, Genetski, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
Second Reading of Bills
Senate Bill No. 1154, entitled
A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2011; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Moss moved to amend the bill as follows:
1. Amend page 17, following line 21, by inserting:
“Sec. 228. (1) The department shall provide a detailed monthly spending report to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director if the department was found to have exceeded its spending authority in the immediately preceding fiscal year.
(2) The monthly report shall be provided by the department director no later than the 15th day of each month and shall innumerate all expenditures made in the previous month. This report shall be provided to the senate and house appropriations committees through testimony delivered under oath.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Haines moved to amend the bill as follows:
1. Amend page 9, following line 27, by inserting:
“Sec. 116. STATE EMPLOYEE-RELATED SALARY SAVINGS
State employee-related salary savings.......................................................................................... $ (1,363,400)
GROSS APPROPRIATION.......................................................................................................... $ (1,363,400)
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... (1,147,100)
State general fund/general purpose.............................................................................................. $ (216,300)”
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 17, following line 21, by inserting:
“Sec. 228. The negative appropriation for state employee-related salary savings in part 1 shall be satisfied by the approval of transfers by the legislature under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, in order to recognize savings equal to the scheduled salary increase for classified state civil service employees for fiscal year 2011 pursuant to section 5, article XI of the state constitution of 1963.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Segal moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Segal moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1154, entitled
A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2011; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 235 Yeas—61
Angerer Geiss Leland Schmidt, R.
Bauer Gonzales Lemmons Scott, B.
Bennett Gregory Lindberg Scripps
Bledsoe Griffin Lipton Segal
Brown, L. Haase Liss Sheltrown
Brown, T. Hammel Mayes Slavens
Byrnes Haugh McDowell Slezak
Byrum Huckleberry Meadows Smith
Clemente Jackson Melton Spade
Constan Johnson Miller Stanley
Corriveau Jones, Robert Nathan Tlaib
Cushingberry Kandrevas Nerat Valentine
Dean Kennedy Neumann Warren
Dillon Lahti Polidori Womack
Donigan LeBlanc Roberts Young
Ebli
Nays—44
Agema DeShazor Kowall Pavlov
Amash Elsenheimer Kurtz Pearce
Ball Genetski Lori Proos
Barnett Green Lund Rocca
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
In The Chair: Byrnes
The House agreed to the title of the bill.
Rep. Segal moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Segal moved that Rep. Spade be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Cushingberry, Chair, reported
House Concurrent Resolution No. 58.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Control of Saginaw Valley State University relative to the Saginaw Valley State University Health Sciences Facility.
(For text of concurrent resolution, see House Journal No. 52, p. 826.)
With the recommendation that the concurrent resolution be adopted.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Gregory, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Tuesday, June 1, 2010
Present: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Tlaib, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker
Absent: Reps. Durhal, Espinoza and Switalski
The Speaker laid before the House
House Concurrent Resolution No. 58.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Control of Saginaw Valley State University relative to the Saginaw Valley State University Health Sciences Facility.
(For text of concurrent resolution, see House Journal No. 52, p. 826.)
(The concurrent resolution was reported by the Committee on Appropriations on June 1.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 236 Yeas—102
Agema Ebli Lahti Polidori
Angerer Elsenheimer LeBlanc Proos
Ball Geiss Leland Roberts
Barnett Genetski Lemmons Rocca
Bauer Gonzales Lindberg Rogers
Bennett Green Lipton Schmidt, R.
Bledsoe Gregory Liss Schmidt, W.
Bolger Griffin Lori Schuitmaker
Booher Haase Lund Scott, B.
Brown, L. Haines Marleau Scott, P.
Brown, T. Hammel Mayes Scripps
Byrnes Hansen McDowell Segal
Byrum Haugh Meadows Sheltrown
Calley Haveman Meekhof Slavens
Caul Hildenbrand Melton Slezak
Clemente Horn Meltzer Smith
Constan Huckleberry Miller Stamas
Corriveau Jackson Moore Stanley
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
Nays—2
Amash McMillin
In The Chair: Byrnes
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Segal moved that when the House adjourns today it stand adjourned until Wednesday, June 2, at 10:00 a.m.
The motion prevailed.
Reps. Agema, Daley, Amash, Green, McMillin, Wayne Schmidt, DeShazor, Meekhof, Pavlov, Horn, Rogers, Pearce, Tyler, Hildenbrand, Kowall, Moss, Denby, Lori, Ball, Calley, Haveman, Hansen, Walsh, Sheltrown, Crawford, Griffin, Lund, Mayes and Stamas offered the following resolution:
House Resolution No. 293.
A resolution to urge the U.S. Environmental Protection Agency to rescind rules that would require dairy farms to have oil spill prevention plans for milk storage tanks.
Whereas, The U.S. Environmental Protection Agency (EPA) has classified milk as an oil subject to federal regulation. The EPA will soon be requiring small and large dairy farms to prepare and implement oil spill prevention plans for potential spills from milk bulk tanks; and
Whereas, The EPA has stretched common sense in subjecting farmers to laws clearly never intended to apply to milk. The federal Clean Water Act requirements to prevent oil spills were obviously directed at petroleum-based oils, not milk. EPA’s actions represent a clear overreach and an example of misplaced priorities that will apply more unnecessary government regulation to our nation’s farmers while more serious problems are not addressed; and
Whereas, The preparation and implementation of an oil spill, prevention, control, and countermeasure plan will cost thousands of dairy farmers time and money with little discernible environmental benefit. The EPA has created an onerous solution searching for a problem; now, therefore, be it
Resolved by the House of Representatives, That we urge the U.S. Environmental Protection Agency to rescind rules that would require dairy farms to have oil spill prevention plans for milk storage tanks; and be it further
Resolved, That copies of this resolution be transmitted to Administrator of the U.S. Environmental Protection Agency, 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 Friday, May 28:
House Bill Nos. 6214 6215 6216 6217 6218 6219 6220 6221 6222 6223 6224 6225
Reports of Standing Committees
The Committee on Urban Policy, by Rep. Leland, Chair, reported
House Bill No. 6223, entitled
A bill to amend 1980 PA 87, entitled “The uniform condemnation procedures act,” by amending section 5 (MCL 213.55), as amended by 2006 PA 439.
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. Leland, Nathan, Meadows, Segal, Stanley and Hansen
Nays: Reps. Meltzer and Pavlov
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Leland, Chair, of the Committee on Urban Policy, was received and read:
Meeting held on: Tuesday, June 1, 2010
Present: Reps. Leland, Nathan, Meadows, Segal, Stanley, Paul Scott, Hansen, Meltzer and Pavlov
Absent: Reps. Barnett and Womack
Excused: Reps. Barnett and Womack
The Committee on Intergovernmental and Regional Affairs, by Rep. Donigan, Chair, reported
House Bill No. 6124, entitled
A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 9 (MCL 46.9), as amended by 1982 PA 344.
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. Donigan, Barnett, Haugh, Robert Jones, Kennedy, Lund, Denby, Meekhof and Wayne Schmidt
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Donigan, Chair, of the Committee on Intergovernmental and Regional Affairs, was received and read:
Meeting held on: Tuesday, June 1, 2010
Present: Reps. Donigan, Barnett, Bledsoe, Haugh, Robert Jones, Kennedy, Lund, Denby, Meekhof and Wayne Schmidt
Absent: Rep. Young
Excused: Rep. Young
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 5681, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2008 PA 299.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Sheltrown, Slezak, Huckleberry, LeBlanc, Stamas, Bolger, Hansen and Horn
Nays: Reps. Ebli and Lindberg
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 6053, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224d (MCL 750.224d), as amended by 2006 PA 401.
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. Sheltrown, Slezak, Ebli, Huckleberry, LeBlanc, Lindberg, Stanley, Stamas, Bolger, Hansen and Horn
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:
Meeting held on: Tuesday, June 1, 2010
Present: Reps. Sheltrown, Slezak, Ebli, Huckleberry, LeBlanc, Lindberg, Stanley, Stamas, Bolger, Hansen and Horn
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Mayes, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Tuesday, June 1, 2010
Present: Reps. Mayes, Geiss, Lisa Brown, Ebli, Huckleberry, Lindberg, Lipton, Melton, Roberts, Scripps, Horn, Crawford, Opsommer, Proos, Wayne Schmidt and Schuitmaker
Absent: Reps. Clemente, Johnson and Marleau
Excused: Reps. Clemente, Johnson and Marleau
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Corriveau, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, June 1, 2010
Present: Reps. Corriveau, Segal, Byrum, Haase, Liss, Roy Schmidt, Slavens, Valentine, Ball, Calley, Denby and Green
Absent: Reps. Donigan, Griffin, Johnson, Neumann, Womack, Marleau, Crawford, Moore and Paul Scott
Excused: Rep. Johnson
Messages from the Governor
The following message from the Governor was received June 1, 2010 and read:
EXECUTIVE ORDER
No. 2010 - 5
MICHIGAN CENTER FOR INNOVATION AND REINVENTION BOARD
Department OF NATURAL RESOURCES AND ENVIRONMENT
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, the Governor is responsible for the faithful execution of the laws;
WHEREAS, the Michigan Center for Innovation and Reinvention Board was created within the Department of Natural Resources and Environment by Executive Order 2009-36;
WHEREAS, it is necessary and desirable to extend the date until which members shall serve on the Michigan Center for Innovation and Reinvention Board, as well as to extend the date by which the Michigan Center for Innovation and Reinvention Board must complete its work;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
A. Members of the Michigan Center for Innovation and Reinvention Board shall serve until July 1, 2010, by which date the Michigan Center for Innovation and Reinvention Board shall complete its work and submit a final report to the Governor.
This Order is effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 1st day of June, in the year of our Lord, two thousand and ten.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The message was referred to the Clerk.
Introduction of Bills
Reps. Lisa Brown and Rick Jones introduced
House Bill No. 6226, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2002 PA 710.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Haines, Rick Jones, Agema, Lund, Calley, Pearce and Opsommer introduced
House Bill No. 6227, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17015 (MCL 333.17015), as amended by 2006 PA 77.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Wayne Schmidt, Roy Schmidt, Lori, Mayes, Meekhof and Rogers introduced
House Bill No. 6228, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 296.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Roy Schmidt, Wayne Schmidt, Lori, Mayes, Meekhof and Rogers introduced
House Bill No. 6229, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16o of chapter XVII (MCL 777.16o), as amended by 2004 PA 457.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Opsommer introduced
House Bill No. 6230, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 1m.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Constan, Miller, Bettie Scott, Switalski, Geiss, Kandrevas, Scripps, Liss, Walsh and Young introduced
House Bill No. 6231, entitled
A bill to amend 2006 PA 593, entitled “An act to provide for the sharing of certain health care coverage information; to provide for the powers and duties of certain departments and agencies; and to provide penalties and fines,” by amending sections 1, 3, and 7 (MCL 550.281, 550.283, and 550.287) and by adding section 6.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Rep. Neumann introduced
House Bill No. 6232, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 642a (MCL 168.642a), as amended by 2005 PA 71.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Reps. McMillin, Calley, Daley, Pavlov, Stamas, Moore, Rocca, Moss, Bolger, Tyler, Denby, Rick Jones, Walsh, Proos, Meadows, Lund, Knollenberg, Haines and Crawford introduced
House Bill No. 6233, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601b (MCL 257.601b), as amended by 2008 PA 296.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Meadows, Lahti, Sheltrown, Lindberg, Scripps, McDowell and Angerer introduced
House Bill No. 6234, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111a (MCL 324.40111a), as amended by 2009 PA 199.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
______
Rep. Lori moved that the House adjourn.
The motion prevailed, the time being 4:10 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, June 2, at 10:00 a.m.
RICHARD J. BROWN
Clerk of the House of Representatives
852 JOURNAL OF THE HOUSE [June 1, 2010] [No. 54
No. 54] [June 1, 2010] JOURNAL OF THE HOUSE 853
854 JOURNAL OF THE HOUSE [June 1, 2010] [No. 54
No. 54] [June 1, 2010] JOURNAL OF THE HOUSE 855
856 JOURNAL OF THE HOUSE [June 1, 2010] [No. 54
No. 54] [June 1, 2010] JOURNAL OF THE HOUSE 857
858 JOURNAL OF THE HOUSE [June 1, 2010] [No. 54
No. 54] [June 1, 2010] JOURNAL OF THE HOUSE 859
860 JOURNAL OF THE HOUSE [June 1, 2010] [No. 54
No. 54] [June 1, 2010] JOURNAL OF THE HOUSE 861
862 JOURNAL OF THE HOUSE [June 1, 2010] [No. 54
No. 54] [June 1, 2010] JOURNAL OF THE HOUSE 863
864 JOURNAL OF THE HOUSE [June 1, 2010] [No. 54
No. 54] [June 1, 2010] JOURNAL OF THE HOUSE 865
866 JOURNAL OF THE HOUSE [June 1, 2010] [No. 54