No. 22
State of Michigan
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2011
House Chamber, Lansing, Tuesday, March 8, 2011.
1:30 p.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Gilbert—present Lipton—present Pscholka—present
Ananich—present Glardon—present Liss—present Rendon—present
Barnett—present Goike—present Lori—present Rogers—present
Bauer—present Haines—present Lund—present Rutledge—present
Bledsoe—present Hammel—present Lyons—present Santana—present
Bolger—present Haugh—present MacGregor—present Schmidt, R.—present
Brown—present Haveman—present MacMaster—present Schmidt, W.—present
Brunner—present Heise—present McBroom—present Scott—present
Bumstead—present Hobbs—present McCann—present Segal—present
Byrum—present Hooker—present McMillin—present Shaughnessy—present
Callton—present Horn—present Meadows—present Shirkey—present
Cavanagh—present Hovey-Wright—present Melton—present Slavens—present
Clemente—present Howze—present Moss—present Smiley—present
Constan—present Hughes—present Muxlow—present Somerville—present
Cotter—present Huuki—present Nathan—present Stallworth—present
Crawford—present Irwin—present Nesbitt—present Stamas—present
Daley—present Jackson—present O’Brien—present Stanley—present
Damrow—present Jacobsen—present Oakes—present Stapleton—present
Darany—present Jenkins—present Olson—present Switalski—present
Denby—present Johnson—present Olumba—present Talabi—present
Dillon—present Kandrevas—present Opsommer—present Tlaib—present
Durhal—present Knollenberg—present Ouimet—present Townsend—present
Farrington—present Kowall—present Outman—present Tyler—present
Forlini—present Kurtz—present Pettalia—present Walsh—present
Foster—present LaFontaine—present Poleski—present Womack—present
Franz—present Lane—present Potvin—present Yonker—present
Geiss—present LeBlanc—present Price—present Zorn—present
Genetski—present Lindberg—present
e/d/s = entered during session
Rep. Harold L. Haugh, from the 42nd District, offered the following invocation:
“Dear Lord and Everlasting Father, We are gathered here today at this time, in this very special place of honor and government, to ask for Your Divine blessings, favor and direction. To thank You for the men and women represented here today that have heard the call to serve and have dedicated themselves to the prosperity of the State of Michigan and its citizens.
We thank You and pray for our State Representatives.
We thank You and pray for the citizens of this great State.
We pray for this session and all of the decisions and choices that must be made here today and in the future.
We ask this day for Your continued favor to be upon all of us here in this State.
This I pray in Your Precious Name, Amen.”
Messages from the Senate
Senate Concurrent Resolution No. 12.
A concurrent resolution of tribute offered as a memorial for James Damman, former Lieutenant Governor and former member of the House of Representatives.
Whereas, It is with great respect for his contributions to our state as a businessman, legislator, and Lieutenant Governor that we honor the memory of James Damman. We also offer our sincere condolences to his family and wish them to know of the gratitude that his home state has for his distinguished public service; and
Whereas, A native of Grosse Pointe Park, a graduate of the University of Detroit, and a veteran of service with the United States Army, James Damman was a successful businessman prior to turning his skills and energies to the civic arena in the Troy community. In addition to his involvement with various organizations, he served on the Troy City Council. In 1971, he brought his business savvy and commitment to others to Lansing for the first of his two terms in the House of Representatives; and
Whereas, A member of the House Appropriations Committee for 1973-74, James Damman was recognized for his knowledge and effectiveness, and in 1975, he was elected as Michigan’s Lieutenant Governor, serving with Governor William Milliken. In this responsibility, his notable leadership included working on such key issues as taxation reform, substance abuse, and equal employment opportunity in our state; and
Whereas, Jim Damman’s concern for others and his penchant for leadership continued to mark his life long after he left elective office. Following achievements in real estate, he founded a successful technology company in Texas and remained active in charitable groups. Clearly, this talented and devoted family man touched the lives of many over the years who remain forever grateful for the gifts he shared; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of James Damman, Michigan’s Lieutenant Governor from 1975 to 1978 and a member of the Michigan House of Representatives from 1971 to 1974; and be it further
Resolved, That copies of this resolution be transmitted to the Damman family as evidence of our lasting esteem for his memory.
The Senate has adopted the concurrent resolution.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted by unanimous standing vote.
The Speaker and the entire membership of the House of Representatives were named co‑sponsors of the concurrent resolution.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Third Reading of Bills
Senate Bill No. 22, entitled
A bill to amend 1988 PA 418, entitled “Uniform statutory rule against perpetuities,” by amending section 5 (MCL 554.75), as amended by 2008 PA 149.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 29 Yeas—109
Agema Gilbert Lindberg Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Haines Lori Rutledge
Bledsoe Hammel Lund Santana
Bolger Haugh Lyons Schmidt, R.
Brown Haveman MacGregor Schmidt, W.
Brunner Heise MacMaster Scott
Bumstead Hobbs McBroom Segal
Byrum Hooker McCann Shaughnessy
Callton Horn McMillin Shirkey
Cavanagh Hovey-Wright Meadows Slavens
Clemente Howze Melton Smiley
Constan Hughes Moss Somerville
Cotter Huuki Muxlow Stallworth
Crawford Irwin Nathan Stamas
Daley Jackson Nesbitt Stanley
Damrow Jacobsen O’Brien Stapleton
Darany Jenkins Oakes Switalski
Denby Johnson Olson Talabi
Dillon Kandrevas Opsommer Tlaib
Durhal Knollenberg Ouimet Townsend
Farrington Kowall Outman Tyler
Forlini Kurtz Pettalia Walsh
Foster LaFontaine Poleski Womack
Franz Lane Potvin Yonker
Geiss LeBlanc Price Zorn
Genetski
Nays—1
Olumba
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to adopt the uniform statutory rule against perpetuities,”
The House agreed to the full title.
Rep. Farrington moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 23, entitled
A bill to amend 2008 PA 148, entitled “Personal property trust perpetuities act,” by amending section 4 (MCL 554.94).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 30 Yeas—109
Agema Gilbert Lindberg Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Haines Lori Rutledge
Bledsoe Hammel Lund Santana
Bolger Haugh Lyons Schmidt, R.
Brown Haveman MacGregor Schmidt, W.
Brunner Heise MacMaster Scott
Bumstead Hobbs McBroom Segal
Byrum Hooker McCann Shaughnessy
Callton Horn McMillin Shirkey
Cavanagh Hovey-Wright Meadows Slavens
Clemente Howze Melton Smiley
Constan Hughes Moss Somerville
Cotter Huuki Muxlow Stallworth
Crawford Irwin Nathan Stamas
Daley Jackson Nesbitt Stanley
Damrow Jacobsen O’Brien Stapleton
Darany Jenkins Oakes Switalski
Denby Johnson Olson Talabi
Dillon Kandrevas Opsommer Tlaib
Durhal Knollenberg Ouimet Townsend
Farrington Kowall Outman Tyler
Forlini Kurtz Pettalia Walsh
Foster LaFontaine Poleski Womack
Franz Lane Potvin Yonker
Geiss LeBlanc Price Zorn
Genetski
Nays—1
Olumba
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to exclude certain personal property held in trust from the rule against perpetuities and similar rules that potentially affect the duration of trusts,”
The House agreed to the full title.
Rep. Farrington 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. 149, entitled
A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 7a and 17 (MCL 252.307a and 252.317), section 7a as amended by 2010 PA 350 and section 17 as amended by 2009 PA 86.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Transportation (for amendment, see House Journal No. 20, p. 266),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Farrington moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Farrington moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, March 3, for his approval of the following bill:
Enrolled House Bill No. 4212 at 4:35 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, March 4:
House Bill Nos. 4372 4373 4374 4375 4376 4377 4378 4379 4380 4381 4382 4383 4384 4385
4386 4387
Senate Bill Nos. 222 223 224 225 226 227 228 229
The Clerk announced that the following Senate bill had been received on Tuesday, March 8:
Senate Bill No. 98
Reports of Standing Committees
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
House Bill No. 4111, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 503 (MCL 324.503), as amended by 2004 PA 587.
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. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Haugh and Stapleton
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Foster, Chair, of the Committee on Natural Resources, Tourism, and Outdoor Recreation, was received and read:
Meeting held on: Tuesday, March 8, 2011
Present: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Haugh, Stapleton, Bledsoe and Slavens
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Horn, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Tuesday, March 8, 2011
Present: Reps. Horn, Shirkey, Opsommer, Crawford, Haveman, Kowall, Franz, Jacobsen, McBroom, Nesbitt, Outman, Price, Zorn, Roy Schmidt, Santana, Irwin, Brunner, Melton, Cavanagh, Smiley and Switalski
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kurtz, Chair, of the Committee on Families, Children, and Seniors, was received and read:
Meeting held on: Tuesday, March 8, 2011
Present: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens and Stapleton
Absent: Rep. Lane
Excused: Rep. Lane
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wayne Schmidt, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, March 8, 2011
Present: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente, Melton and Olumba
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. McMillin, Chair, of the Committee on Oversight, Reform, and Ethics, was received and read:
Meeting held on: Tuesday, March 8, 2011
Present: Reps. McMillin, Jacobsen, Denby, Price, Bledsoe and Brown
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Damrow, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:
Meeting held on: Tuesday, March 8, 2011
Present: Reps. Damrow, Franz, Haines, Tyler, Zorn, Nathan, Darany, Smiley, Liss and Clemente
Absent: Rep. Callton
Excused: Rep. Callton
Messages from the Senate
Senate Bill No. 98, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 2882a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Introduction of Bills
Reps. Hooker, Agema, Tyler, Yonker, Hughes, Damrow, Liss, Outman, Daley, Heise, Opsommer, Jenkins, Jacobsen, MacGregor, Lori, Goike, Rogers and Bumstead introduced
House Bill No. 4388, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10d.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Reps. Stamas, Johnson, Liss, Denby, Roy Schmidt, Haveman, Walsh, Horn, Lyons, Melton and Haines introduced
House Bill No. 4389, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16185 (MCL 333.16185), as added by 2006 PA 25.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Stamas, Denby, Roy Schmidt, Haveman, Walsh, Horn, Lyons, Melton, Tlaib and Barnett introduced
House Bill No. 4390, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 13 and 15 (MCL 421.13 and 421.15), section 13 as amended by 1985 PA 197 and section 15 as amended by 1996 PA 498, and by adding section 15a.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. McCann, Meadows, Kandrevas, Melton, Stapleton, Dillon, Tlaib and Hovey-Wright introduced
House Bill No. 4391, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310b.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Segal, Meadows, Melton, Stapleton, Dillon, Kandrevas, McCann, Tlaib and Hovey-Wright introduced
House Bill No. 4392, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 4b to chapter IX.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Forlini, Lori, Wayne Schmidt, Haines, Tyler, Huuki, Agema, Moss, Franz, Lane, Smiley, Lund, Ananich, Byrum, Liss and Haugh introduced
House Bill No. 4393, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2006 PA 443.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Haveman, Wayne Schmidt, Bumstead, Tyler, Jacobsen, Johnson, Heise, Walsh, Rendon, Byrum, MacGregor, Gilbert, Genetski, Dillon, Roy Schmidt, Haugh, Geiss, Hughes, Shirkey, McMillin, Crawford, Lyons, Knollenberg, Outman, Kurtz, Daley, Hooker, Bledsoe, Denby, LaFontaine, Shaughnessy, Kowall, Callton, Goike, Franz, Moss, Agema, Brown and Tlaib introduced
House Bill No. 4394, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 27c.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Ananich, Dillon, Smiley, Santana, Hovey-Wright, Poleski, Shirkey, Townsend, Cavanagh, Scott and Oakes introduced
House Bill No. 4395, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 402.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Hooker, Yonker, Rendon, Opsommer, Heise, Byrum, Bumstead, Hughes, Outman and Agema introduced
House Bill No. 4396, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1290.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Callton introduced
House Bill No. 4397, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7421.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Announcements by the Clerk
March 4, 2011
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit of the Office of Professional Preparation Services, Michigan Department of Education, March 2011.
March 4, 2011
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit of the Use of Transportation-Related Funding for the period October 1, 2007 through September 30, 2009, as required by Section 306 of both Act 275, P.A. 2008 and Act 129, P.A. 2007, March 2011.
Gary L. Randall
Clerk of the House
______
Rep. Santana moved that the House adjourn.
The motion prevailed, the time being 2:35 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, March 9, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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