No. 88
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Wednesday, October 14, 2009.
1:30 p.m.
The House was called to order by Associate Speaker Pro Tempore Haase.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Durhal—present Lahti—present Proos—present
Amash—present Ebli—present LeBlanc—present Roberts—present
Angerer—present Elsenheimer—present Leland—excused Rocca—present
Ball—present Espinoza—present Lemmons—present Rogers—present
Barnett—present Geiss—present Lindberg—present Schmidt, R.—present
Bauer—present Genetski—present Lipton—present Schmidt, W.—present
Bennett—excused Gonzales—present Liss—present Schuitmaker—present
Bledsoe—present Green—excused Lori—present Scott, B.—present
Bolger—present Gregory—present Lund—present Scott, P.—e/d/s
Booher—present Griffin—present Marleau—present Scripps—present
Brown, L.—present Haase—present Mayes—present Segal—present
Brown, T.—present Haines—present McDowell—present Sheltrown—present
Byrnes—present Hammel—present McMillin—present Simpson—excused
Byrum—present Hansen—present Meadows—present Slavens—present
Calley—e/d/s Haugh—present Meekhof—present Slezak—present
Caul—present Haveman—present Melton—present Smith—present
Clemente—present Hildenbrand—present Meltzer—present Spade—present
Constan—present Horn—present Miller—present Stamas—present
Corriveau—present Huckleberry—present Moore—present Stanley—present
Coulouris—present Jackson—present Moss—present Switalski—present
Crawford—present Johnson—present Nathan—present Tlaib—present
Cushingberry—present Jones, Rick—present Nerat—excused Tyler—present
Daley—present Jones, Robert—present Neumann—present Valentine—present
Dean—present Kandrevas—present Opsommer—present Walsh—present
Denby—present Kennedy—present Pavlov—present Warren—present
DeShazor—present Knollenberg—present Pearce—present Womack—present
Dillon—present Kowall—present Polidori—present Young—present
Donigan—present Kurtz—present
e/d/s = entered during session
Rep. Jimmy Womack, from the 7th District, offered the following invocation:
“Eternal God before the mountains were brought forth and ever Thou have formed the earth and the world even from everlasting to everlasting Thou art God. Thank You for this new day and another opportunity to serve You.
This afternoon we find ourselves in a place hallowed by Your presence, illuminated by the smile of Your approval. May we be so blessed to feel Your very spirit move through us and between us.
By Your mercy may Your anointing fall fresh on each and everyone of us who have been called to service. May we be empowered with the qualities of an effective leader, able to delegate and to appreciate the work of others, to recognize our limitations and to seek wise council and to persevere through these tough times.
We have been told that it is only right that You who made everything and for whom everything was made should bring Your children into glory. So we ask dear Lord in this world of kings and great men and women that You will bless us with the greatest attribute of a true leader, that You will bless us each with a servants heart…in Your matchless name we pray, Amen!”
______
Rep. Angerer moved that Reps. Bennett, Leland, Nerat and Simpson be excused from today’s session.
The motion prevailed.
Rep. Opsommer moved that Rep. Green be excused from today’s session.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 71, entitled
A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 10 (MCL 207.810), as amended by 2006 PA 283.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on New Economy and Quality of Life,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Clemente moved to amend the bill as follows:
1. Amend page 2, line 19, by striking out all of subdivision (F) and inserting:
“(F) THE NUMBER OF JOBS REQUIRED UNDER THE WRITTEN AGREEMENT TO BE CREATED OR RETAINED FOR EACH AUTHORIZED BUSINESS TO BE ELIGIBLE FOR THE TAX CREDITS UNDER THE WRITTEN AGREEMENT INCLUDING THE MAXIMUM NUMBER OF JOBS WHICH CAN BE UTILIZED TO CALCULATE THE CREDIT FOR EACH AUTHORIZED BUSINESS UNDER THE WRITTEN AGREEMENT.”.
2. Amend page 3, line 2, after “of” by striking out “new”.
3. Amend page 3, line 2, after “INVESTMENT” by inserting “REQUIRED OR OTHERWISE ANTICIPATED”.
4. Amend page 3, line 2, after “UNDER” by striking out “NEW”.
5. Amend page 3, line 3, after “section 8(5)” by inserting “OR (9)”.
6. Amend page 3, line 7, after “FOR” by striking out “THAT YEAR” and inserting “THE MOST RECENT PERIOD THAT INFORMATION IS AVAILABLE”.
7. Amend page 3, line 9, after “FOR” by inserting “TAX CREDITS AUTHORIZED UNDER SECTION 8(5) OR (9) FOR”.
8. Amend page 3, line 16, by striking out all of subsection (2) and inserting:
“(2) A REVIEW AND COMMENTS CONCERNING THE REPORT SHALL BE INCLUDED IN THE AUDITOR GENERAL’S POSTAUDIT OF THE AUTHORITY.”.
9. Amend page 3, following line 18, by inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:
(a) Senate Bill No. 70.
(b) Senate Bill No. 774.
(c) House Bill No. 4922.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
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. 71, entitled
A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 10 (MCL 207.810), as amended by 2006 PA 283.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 497 Yeas—103
Agema Durhal Kurtz Proos
Amash Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bledsoe Gonzales Liss Schuitmaker
Bolger Gregory Lori Scott, B.
Booher Griffin Lund Scripps
Brown, L. Haase Marleau Segal
Brown, T. Haines Mayes Sheltrown
Byrnes Hammel McDowell Slavens
Byrum Hansen McMillin Slezak
Caul Haugh Meadows Smith
Clemente Haveman Meekhof Spade
Constan Hildenbrand Melton Stamas
Corriveau Horn Meltzer Stanley
Coulouris Huckleberry Miller Switalski
Crawford Jackson Moore Tlaib
Cushingberry Johnson Moss Tyler
Daley Jones, Rick Nathan Valentine
Dean Jones, Robert Neumann Walsh
Denby Kandrevas Opsommer Warren
DeShazor Kennedy Pavlov Womack
Dillon Knollenberg Pearce Young
Donigan Kowall Polidori
Nays—0
In The Chair: Haase
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to promote economic growth and job creation within this state; to create and regulate the Michigan economic growth authority; to prescribe the powers and duties of the authority and of state and local officials; to assess and collect a fee; to approve certain plans and the use of certain funds; and to provide qualifications for and determine eligibility for tax credits and other incentives for authorized businesses and for qualified taxpayers,”
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.
______
Rep. Calley entered the House Chambers.
Second Reading of Bills
Senate Bill No. 774, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 431 (MCL 208.1431), as amended by 2008 PA 111.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on New Economy and Quality of Life,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Clemente moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Clemente moved to amend the bill as follows:
1. Amend page 6, line 9, after “APPROVED” by inserting “IN THAT CALENDAR YEAR”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
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.
______
Rep. Paul Scott entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 774, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 431 (MCL 208.1431), as amended by 2008 PA 111.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 498 Yeas—104
Agema Durhal Kurtz Proos
Angerer Ebli Lahti Roberts
Ball Elsenheimer LeBlanc Rocca
Barnett Espinoza Lemmons Rogers
Bauer Geiss Lindberg Schmidt, R.
Bledsoe Genetski Lipton Schmidt, W.
Bolger Gonzales Liss Schuitmaker
Booher Gregory Lori Scott, B.
Brown, L. Griffin Lund Scott, P.
Brown, T. Haase Marleau Scripps
Byrnes Haines Mayes Segal
Byrum Hammel McDowell Sheltrown
Calley Hansen McMillin Slavens
Caul Haugh Meadows Slezak
Clemente Haveman Meekhof Smith
Constan Hildenbrand Melton Spade
Corriveau Horn Meltzer Stamas
Coulouris Huckleberry Miller Stanley
Crawford Jackson Moore Switalski
Cushingberry Johnson Moss Tlaib
Daley Jones, Rick Nathan Tyler
Dean Jones, Robert Neumann Valentine
Denby Kandrevas Opsommer Walsh
DeShazor Kennedy Pavlov Warren
Dillon Knollenberg Pearce Womack
Donigan Kowall Polidori Young
Nays—1
Amash
In The Chair: Haase
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”
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.
Second Reading of Bills
Senate Bill No. 70, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2003 PA 114.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Ebli 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. 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. 70, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2003 PA 114.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 499 Yeas—105
Agema Durhal Kurtz Proos
Amash Ebli Lahti Roberts
Angerer Elsenheimer LeBlanc Rocca
Ball Espinoza Lemmons Rogers
Barnett Geiss Lindberg Schmidt, R.
Bauer Genetski Lipton Schmidt, W.
Bledsoe Gonzales Liss Schuitmaker
Bolger Gregory Lori Scott, B.
Booher Griffin Lund Scott, P.
Brown, L. Haase Marleau Scripps
Brown, T. Haines Mayes Segal
Byrnes Hammel McDowell Sheltrown
Byrum Hansen McMillin Slavens
Calley Haugh Meadows Slezak
Caul Haveman Meekhof Smith
Clemente Hildenbrand Melton Spade
Constan Horn Meltzer Stamas
Corriveau Huckleberry Miller Stanley
Coulouris Jackson Moore Switalski
Crawford Johnson Moss Tlaib
Cushingberry Jones, Rick Nathan Tyler
Daley Jones, Robert Neumann Valentine
Dean Kandrevas Opsommer Walsh
Denby Kennedy Pavlov Warren
DeShazor Knollenberg Pearce Womack
Dillon Kowall Polidori Young
Donigan
Nays—0
In The Chair: Haase
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. 5375, entitled
A bill to provide for loans, grants, and other assistance for energy efficiency and renewable energy projects; to create a restricted fund; and to provide for the powers and duties of certain state and local governmental officers and entities.
The bill was read a second time.
Rep. Schuitmaker moved to amend the bill as follows:
1. Amend page 2, line 16, after “department.” by inserting “This subsection is subject to section 3.”.
2. Amend page 2, following line 22, by inserting:
“Sec. 3. If the department provides a grant, loan, or other form of assistance for an energy efficiency or renewable energy project with money received under the American recovery and reinvestment act of 2009, Public Law 111-5, including, but not limited to, money in the fund, the department shall not impose a condition on the assistance that is more restrictive than required under the American recovery and reinvestment act of 2009, Public Law 111-5, other than a reasonable administrative condition.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Scripps 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. 5375, entitled
A bill to provide for loans, grants, and other assistance for energy efficiency and renewable energy projects; to create a restricted fund; and to provide for the powers and duties of certain state and local governmental officers and entities.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 500 Yeas—82
Angerer Donigan LeBlanc Schmidt, R.
Ball Durhal Lemmons Schmidt, W.
Barnett Ebli Lindberg Schuitmaker
Bauer Espinoza Lipton Scott, B.
Bledsoe Geiss Liss Scripps
Bolger Gonzales Lori Segal
Brown, L. Gregory Mayes Sheltrown
Brown, T. Griffin McDowell Slavens
Byrnes Haase Meadows Slezak
Byrum Hammel Melton Smith
Calley Hansen Miller Spade
Caul Haugh Moore Stanley
Clemente Hildenbrand Moss Switalski
Constan Huckleberry Nathan Tlaib
Corriveau Jackson Neumann Tyler
Coulouris Johnson Pavlov Valentine
Crawford Jones, Robert Polidori Walsh
Cushingberry Kandrevas Proos Warren
Dean Kennedy Roberts Womack
DeShazor Kowall Rocca Young
Dillon Lahti
Nays—23
Agema Genetski Kurtz Opsommer
Amash Haines Lund Pearce
Booher Haveman Marleau Rogers
Daley Horn McMillin Scott, P.
Denby Jones, Rick Meekhof Stamas
Elsenheimer Knollenberg Meltzer
In The Chair: Haase
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.
Reps. Marleau and Horn moved that their names be removed as co‑sponsors of the bill.
The motion prevailed.
Reps. Angerer, Bauer, Constan, Dean, Durhal, Gregory, Haugh, Robert Jones, Kandrevas, Kennedy, Lahti, Lemmons, Liss, McDowell, Meadows, Neumann, Segal, Sheltrown, Slezak and Young were named co‑sponsors of the bill.
By unanimous consent the House returned to the order of
Motions and Resolutions
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL § 51.76
Reps. LeBlanc, Booher, Terry Brown, Durhal, Espinoza, Geiss, Gonzales, Gregory, Hammel, Hansen, Haugh, Robert Jones, Lemmons, Polidori, Sheltrown, Valentine, Byrnes, Byrum, Slavens, Rick Jones, Kowall, Marleau, Rogers and Walsh offered the following concurrent resolution:
House Concurrent Resolution No. 30.
A concurrent resolution relative to secondary road patrol funds for counties, cities, and villages.
Whereas, Section 76 of Chapter 14 of the Revised Statutes of 1846, being MCL § 51.76, as added by 1978 PA 416, permits secondary road patrol services to be provided by county sheriff departments to cities and villages. This section also provides that a secondary road patrol agreement is void if the city or village reduces the number of sworn law enforcement officers below the highest number employed at any time within the immediately preceding 36 months, unless the Michigan Legislature, by concurrent resolution, recognizes that the reduction was due to cuts in general services due to economic conditions. Section 77 of Chapter 14, being MCL § 51.77, also provides a similar maintenance of effort standard for counties providing these secondary road patrol services, unless it is recognized that the reduction was merely due to cuts in general services due to economic conditions; and
Whereas, Indeed, subsection 3 of MCL § 51.76 specifically provides, in part, that: “A concurrent resolution adopted by a majority vote of the Senate and the House of Representatives which states that the city or village is required to reduce general services because of economic conditions and is not reducing law enforcement services shall be presumptive that the city or village has not violated the strictures of this subsection”; and
Whereas, In all of Michigan’s counties, cities, and villages, general services have been reduced as a result of serious economic difficulties. These reductions in services have occurred in direct reaction to economic conditions; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That counties, cities, and villages in Michigan have been required to reduce general services because of economic conditions and are not reducing law enforcement services as stipulated in sections 76 or 77 of Chapter 14 of the Revised Statutes of 1846, as added by 1978 PA 416; and be it further
Resolved, That counties, cities, and villages have met the necessary terms of their agreements for secondary road patrol services as they relate to maintenance of effort.
The concurrent resolution was referred to the Committee on Intergovernmental and Regional Affairs.
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, October 14:
House Bill Nos. 5506 5507 5508 5509 5510 5511
The Clerk announced that the following Senate bills had been received on Wednesday, October 14:
Senate Bill Nos. 276 776 852
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Ebli, Chair, reported
House Bill No. 5479, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2008 PA 448.
With the recommendation that the bill be referred to the Committee on New Economy and Quality of Life.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ebli, Melton, Barnett, Coulouris, Robert Jones, Lipton, Mayes, Slezak, Calley, Kowall, Lund, Meekhof, Stamas and Walsh
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on New Economy and Quality of Life.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ebli, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, October 14, 2009
Present: Reps. Ebli, Melton, Barnett, Coulouris, Robert Jones, Kandrevas, Lipton, Mayes, Slezak, Calley, Kowall, Lund, Meekhof, Stamas and Walsh
Absent: Reps. Warren and Meltzer
Excused: Rep. Meltzer
The Committee on Labor, by Rep. Lindberg, Chair, reported
House Bill No. 5241, entitled
A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending section 3 (MCL 38.1603), as amended by 2008 PA 366.
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. 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, October 14, 2009
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. 4876, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2006 PA 443.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Meadows, Lipton, Constan, Corriveau, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca
Nays: None
The Committee on Judiciary, by Rep. Meadows, Chair, reported
House Bill No. 5273, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1084.
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, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Haveman and Kowall
Nays: None
The Committee on Judiciary, by Rep. Meadows, Chair, reported
House Bill No. 5274, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 303, 322, 625n, 732a, and 904d (MCL 257.303, 257.322, 257.625n, 257.732a, and 257.904d), sections 303, 732a, and 904d as amended by 2008 PA 463, section 322 as amended by 2008 PA 462, and section 625n as amended by 2008 PA 539.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 8, line 23, by striking out “FOR THE FIRST YEAR” and inserting “DURING THE TIME”.
2. Amend page 8, line 25, after “PROJECT.” by striking out the balance of the line through “LICENSE,” on line 26 and inserting “AT THE END OF THE PERSON’S PARTICIPATION IN THE DWI/SOBRIETY COURT PROGRAM,”.
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Haveman and Kowall
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, October 14, 2009
Present: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca
The Committee on Senior Health, Security, and Retirement, by Rep. Neumann, Chair, reported
House Bill No. 5191, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21771 (MCL 333.21771).
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. Neumann, Slavens, Constan, Robert Jones, Lemmons, Ball, DeShazor, Moore and Tyler
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Neumann, Chair, of the Committee on Senior Health, Security, and Retirement, was received and read:
Meeting held on: Wednesday, October 14, 2009
Present: Reps. Neumann, Slavens, Constan, Robert Jones, Lemmons, Ball, DeShazor, Moore and Tyler
The Committee on Regulatory Reform, by Rep. Johnson, Chair, reported
House Bill No. 4759, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 513 (MCL 436.1513), as amended by 2007 PA 11.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Johnson, Haugh, Byrnes, Griffin, Melton, Bettie Scott, Stanley and Rick Jones
Nays: Rep. Stamas
The Committee on Regulatory Reform, by Rep. Johnson, Chair, reported
House Bill No. 5153, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 513 (MCL 436.1513), as amended by 2009 PA 48.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Johnson, Haugh, Byrnes, Griffin, Melton, Bettie Scott, Stanley and Rocca
Nays: Rep. Stamas
The Committee on Regulatory Reform, by Rep. Johnson, Chair, reported
House Bill No. 5508, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 525 and 913 (MCL 436.1525 and 436.1913), section 525 as amended by 2008 PA 218 and section 913 as amended by 2006 PA 131, and by adding section 544.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Johnson, Haugh, Byrnes, Griffin, Melton and Stanley
Nays: Rep. Crawford
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Johnson, Chair, of the Committee on Regulatory Reform, was received and read:
Meeting held on: Wednesday, October 14, 2009
Present: Reps. Johnson, Haugh, Byrnes, Griffin, Melton, Bettie Scott, Stanley, Rocca, Crawford, Rick Jones and Stamas
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Valentine, Chair, of the Committee on Families and Children’s Services, was received and read:
Meeting held on: Wednesday, October 14, 2009
Present: Reps. Valentine, Womack, Liss, Neumann, Slavens, Kurtz, McMillin, Moore and Pavlov
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Robert Jones, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Wednesday, October 14, 2009
Present: Reps. Robert Jones, Roy Schmidt, Byrum, Clemente, Haase, Haugh, Huckleberry, Lemmons, Nathan, Sheltrown, Womack, Hansen, DeShazor, Knollenberg, Meekhof, Meltzer, Opsommer and Walsh
Absent: Rep. Nerat
Excused: Rep. Nerat
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Angerer, Chair, of the Committee on Ethics and Elections, was received and read:
Meeting held on: Wednesday, October 14, 2009
Present: Reps. Angerer, Haase, Lisa Brown, Donigan, Scripps, Slavens, Meltzer, Kurtz and Pearce
Messages from the Senate
Senate Bill No. 276, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 709 (MCL 257.709), as amended by 2000 PA 127.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 776, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by 2008 PA 197.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 852, entitled
A bill to provide for loans, grants, and other assistance for energy efficiency and renewable energy projects; to create a restricted fund; and to provide for the powers and duties of certain state and local governmental officers and entities.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Communications from State Officers
The following communication from the Department of Treasury was received and read:
October 9, 2009
Under provisions of the Glenn Steil Revenue Sharing Act, PA 140 of 1971, the Department of Treasury is required to file an annual report with the legislature identifying local units of government that have failed to file required financial data with the Department. That report is attached. For your information, the Department posts the audits received from local units of government on our website at http://www.michigan.gov/treasury/0,1607,7-121-1751_31038—-,00.html If there is any other information or assistance that I can provide, please feel free to contact me at 241-1186.
Larry Steckelberg
Legislative Liaison
Michigan Department of Treasury
The communication was referred to the Clerk.
Introduction of Bills
Reps. Kowall, Crawford, Kurtz, Gregory, McMillin, Moss, Knollenberg, Haines, Polidori, Denby, Marleau, Walsh, Mayes and Meadows introduced
House Bill No. 5512, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 507 (MCL 600.507), as amended by 2006 PA 607.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Kowall, Crawford, Kurtz, Gregory, McMillin, Moss, Knollenberg, Haines, Polidori, Denby, Marleau, Walsh, Mayes and Meadows introduced
House Bill No. 5513, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 550 (MCL 600.550), as amended by 1990 PA 54.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Calley, Genetski, Kurtz, McMillin, Moore, Lund, Walsh, Crawford, Meekhof, Proos, Daley, Pavlov, Stamas, Horn, Hansen, Miller, Lahti, McDowell, DeShazor, Rocca, Moss, Opsommer, Lori, Pearce, Tyler, Booher, Denby, Rick Jones, Agema, Elsenheimer, Hildenbrand, Schuitmaker, Amash, Rogers, Caul, Ball, Wayne Schmidt, Haveman, Bolger, Meltzer, Haines, Knollenberg, Sheltrown, Roy Schmidt, Scripps, Barnett, Segal, Roberts, Polidori, Robert Jones, Johnson, Dean, Mayes, Corriveau, Kennedy and Meadows introduced
House Bill No. 5514, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 1 (MCL 722.111), as amended by 2007 PA 217.
The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.
Reps. Warren, Dean, Smith, Byrum, Lisa Brown, Liss, Mayes, Tlaib, Roberts and Byrnes introduced
House Bill No. 5515, entitled
A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and section 302 (MCL 37.2302), the title as amended by 1992 PA 258.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Huckleberry introduced
House Bill No. 5516, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 1 (MCL 722.111), as amended by 2007 PA 217.
The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.
Rep. Paul Scott introduced
House Bill No. 5517, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 21a (MCL 169.221a), as added by 1994 PA 411.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Reps. Slezak, Paul Scott, Moore, LeBlanc, Bolger, Green, Rick Jones, Lund, Lori, Walsh, Kurtz, McMillin, Dean, Genetski, Wayne Schmidt, Haveman, Daley, Knollenberg, Kowall, Hansen, Spade, Sheltrown and Mayes introduced
House Joint Resolution II, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by adding section 28 to article I, to establish the right to life of all human beings from the beginning of their biological development.
The joint resolution was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. Espinoza moved that the House adjourn.
The motion prevailed, the time being 3:05 p.m.
Associate Speaker Pro Tempore Haase declared the House adjourned until Thursday, October 15, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives
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