of the house of representativeslegislature.mi.gov/(s(fphmqblbr1zq4pwdoipvy3rk... · regular session...

No. 32STATE OF MICHIGAN

JOURNALOF THE

House of Representatives95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Tuesday, April 13, 2010.

1:30 p.m.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Agema—present Durhal—present Kurtz—present Polidori—presentAmash—present Ebli—present Lahti—present Proos—presentAngerer—present Elsenheimer—present LeBlanc—present Roberts—presentBall—present Espinoza—present Leland—present Rocca—presentBarnett—present Geiss—present Lemmons—present Rogers—presentBauer—present Genetski—present Lindberg—present Schmidt, R.—presentBennett—present Gonzales—present Lipton—present Schmidt, W.—presentBledsoe—present Green—present Liss—present Schuitmaker—presentBolger—present Gregory—present Lori—present Scott, B.—presentBooher—present Griffin—present Lund—present Scott, P.—presentBrown, L.—present Haase—present Marleau—present Scripps—presentBrown, T.—present Haines—present Mayes—present Segal—presentByrnes—present Hammel—present McDowell—present Sheltrown—presentByrum—present Hansen—present McMillin—present Slavens—presentCalley—present Haugh—excused Meadows—present Slezak—presentCaul—present Haveman—present Meekhof—present Smith—presentClemente—present Hildenbrand—present Melton—present Spade—presentConstan—present Horn—present Meltzer—present Stamas—presentCorriveau—present Huckleberry—present Miller—present Stanley—presentCoulouris—present Jackson—present Moore—present Switalski—presentCrawford—present Johnson—present Moss—present Tlaib—presentCushingberry—excused Jones, Rick—present Nathan—present Tyler—presentDaley—present Jones, Robert—present Nerat—present Valentine—presentDean—present Kandrevas—present Neumann—present Walsh—presentDenby—present Kennedy—present Opsommer—present Warren—presentDeShazor—present Knollenberg—present Pavlov—present Womack—presentDillon—present Kowall—present Pearce—present Young—presentDonigan—present

e/d/s = entered during session

Rep. Lesia Liss, from the 28th District, offered the following invocation:

“Welcome Back Everyone! While some of you celebrated Passover and some of us celebrated Easter or other spring rituals, many of us are rejoicing at the signs of spring time: a time of renewal and hope, a time of new growths and re-awakening. I spent some time reflecting, counting my blessings and today I ask that you reflect on some of your blessings as I include the Beatitudes in today’s invocation.

O Heavenly King, the Comforter, the Spirit of Truth, Who art everywhere and fillest all things, Treasure of good, and the Giver of life, come and help us be mindful of all blessings.1. Blessed are the poor in spirit; for theirs is the Kingdom of Heaven.2. Blessed are they that mourn; for they shall be comforted.3. Blessed are the meek; for they shall inherit the earth.4. Blessed are they, that hunger and thirst for righteousness; for they shall be filled.5. Blessed are the merciful; for they shall obtain mercy.6. Blessed are the pure in heart; for they shall see God.7. Blessed are the peacemakers; for they shall be called the sons of God.8. Blessed are they which are persecuted for righteousness’ sake; for theirs is the Kingdom of Heaven.9. Blessed are ye, when men shall revile you and persecute you, and shall say all manner of evil against you falsely for My sake.

May God’s abundant blessing be upon you and all our constituents! God Bless America! God Bless Michigan! God Bless You! Amen.”

______

Rep. Angerer moved that Reps. Cushingberry and Haugh be excused from today’s session. The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House House Resolution No. 240. A resolution to urge the Great Lakes-St. Lawrence River Basin Water Resources Council to scrutinize carefully the proposed diversion at Waukesha, Wisconsin. (For text of resolution, see House Journal No. 30, p. 405.) (The resolution was reported by the Committee on Great Lakes and Environment on March 25.) The question being on the adoption of the resolution, The resolution was adopted.

The Speaker laid before the House House Concurrent Resolution No. 49. A concurrent resolution to urge the Great Lakes-St. Lawrence River Basin Water Resources Council to scrutinize carefully the proposed diversion at Waukesha, Wisconsin. (For text of concurrent resolution, see House Journal No. 30, p. 407.) (The concurrent resolution was reported by the Committee on Great Lakes and Environment on March 25.) The question being on the adoption of the concurrent resolution, The concurrent resolution was adopted.

482 JOURNAL OF THE HOUSE [April 13, 2010] [No. 32

Messages from the Senate

The Speaker laid before the House House Bill No. 4248, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as added by 2007 PA 95. (The bill was received from the Senate on March 17, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 18, see House Journal No. 27, p. 349.) The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 130 Yeas—100

Angerer Durhal Kurtz ProosBall Ebli Lahti RobertsBarnett Elsenheimer LeBlanc RoccaBauer Espinoza Leland RogersBennett Geiss Lemmons Schmidt, R.Bledsoe Gonzales Lindberg Schmidt, W.Bolger Green Lipton SchuitmakerBooher Gregory Liss Scott, B.Brown, L. Griffin Lori ScrippsBrown, T. Haase Lund SegalByrnes Haines Marleau SheltrownByrum Hammel Mayes SlavensCalley Hansen McDowell SlezakCaul Haveman Meadows SmithClemente Hildenbrand Melton SpadeConstan Horn Miller StamasCorriveau Huckleberry Moore StanleyCoulouris Jackson Moss SwitalskiCrawford Johnson Nathan TlaibDaley Jones, Rick Nerat TylerDean Jones, Robert Neumann ValentineDenby Kandrevas Opsommer WalshDeShazor Kennedy Pavlov WarrenDillon Knollenberg Pearce WomackDonigan Kowall Polidori Young

Nays—7

Agema Genetski Meekhof Scott, P.Amash McMillin Meltzer

In The Chair: Byrnes

The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

No. 32] [April 13, 2010] JOURNAL OF THE HOUSE 483

The Speaker laid before the House House Bill No. 5279, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2006 PA 605. (The bill was received from the Senate on March 23, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 24, see House Journal No. 29, p. 389.) The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Durhal Lahti ProosAmash Ebli LeBlanc RobertsAngerer Elsenheimer Leland RoccaBall Espinoza Lemmons RogersBarnett Geiss Lindberg Schmidt, R.Bauer Genetski Lipton Schmidt, W.Bennett Gonzales Liss SchuitmakerBledsoe Green Lori Scott, B.Bolger Gregory Lund Scott, P.Booher Griffin Marleau ScrippsBrown, L. Haase Mayes SegalBrown, T. Haines McDowell SheltrownByrnes Hammel McMillin SlavensByrum Hansen Meadows SlezakCalley Haveman Meekhof SmithCaul Hildenbrand Melton SpadeClemente Horn Meltzer StamasConstan Huckleberry Miller StanleyCorriveau Jackson Moore SwitalskiCoulouris Johnson Moss TlaibCrawford Jones, Rick Nathan TylerDaley Jones, Robert Nerat ValentineDean Kandrevas Neumann WalshDenby Kennedy Opsommer WarrenDeShazor Knollenberg Pavlov WomackDillon Kowall Pearce YoungDonigan Kurtz Polidori

Nays—0


The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House House Bill No. 5530, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 713 and 714 (MCL 168.713 and 168.714), as amended by 1990 PA 7. (The bill was received from the Senate on March 23, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 24, see House Journal No. 29, p. 389.) The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:




Nays—0


The House agreed to the title as amended. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Second Reading of Bills

Senate Bill No. 129, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 24a (MCL 168.24a), as amended by 1982 PA 154. The bill was read a second time.

Rep. Angerer moved to amend the bill as follows: 1. Amend page 3, line 8, after “BOARD.” by inserting “NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS OF THIS SUBSECTION, IF A CITY OR VILLAGE THAT LIES IN MORE THAN 1 COUNTY CONDUCTS AN ELECTION ON THE SAME DATE AS A SCHOOL DISTRICT THAT LIES WITHIN THE CITY OR VILLAGE THAT IS CONDUCTING AN ELECTION, THAT PORTION OF THE SCHOOL DISTRICT ELECTION HELD WITHIN THAT CITY OR VILLAGE SHALL BE CANVASSED BY THE CANVASSING BOARD RESPONSIBLE FOR CANVASSING THE CITY OR VILLAGE ELECTION.”. The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor. Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed.


Rep. Angerer moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order ofThird Reading of Bills

Senate Bill No. 129, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 24a (MCL 168.24a), as amended by 1982 PA 154. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:



Nays—0


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”


The House agreed to the full title. Rep. Angerer moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


Senate Bill No. 130, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 307 (MCL 168.307), as added by 2003 PA 302. The bill was read a second time. Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Angerer moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 130, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 307 (MCL 168.307), as added by 2003 PA 302. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:




Nays—0


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” The House agreed to the full title. Rep. Angerer moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


Senate Bill No. 455, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 866 (MCL 168.866). The bill was read a second time. Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Angerer moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 455, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 866 (MCL 168.866). Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Durhal Lahti ProosAmash Ebli LeBlanc RobertsAngerer Elsenheimer Leland RoccaBall Espinoza Lemmons RogersBarnett Geiss Lindberg Schmidt, R.Bauer Genetski Lipton Schmidt, W.Bennett Gonzales Liss SchuitmakerBledsoe Green Lori Scott, B.Bolger Gregory Lund Scott, P.Booher Griffin Marleau ScrippsBrown, L. Haase Mayes SegalBrown, T. Haines McDowell SheltrownByrnes Hammel McMillin SlavensByrum Hansen Meadows SlezakCalley Haveman Meekhof SmithCaul Hildenbrand Melton SpadeClemente Horn Meltzer Stamas


Constan Huckleberry Miller StanleyCorriveau Jackson Moore SwitalskiCoulouris Johnson Moss TlaibCrawford Jones, Rick Nathan TylerDaley Jones, Robert Nerat ValentineDean Kandrevas Neumann WalshDenby Kennedy Opsommer WarrenDeShazor Knollenberg Pavlov WomackDillon Kowall Pearce YoungDonigan Kurtz Polidori

Nays—0


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” The House agreed to the full title. Rep. Angerer moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


House Bill No. 5783, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1335 (MCL 600.1335), as amended by 2004 PA 12. The bill was read a second time. Rep. Meadows moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Angerer moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


House Bill No. 5783, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1335 (MCL 600.1335), as amended by 2004 PA 12. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Durhal Lahti ProosAmash Ebli LeBlanc RobertsAngerer Elsenheimer Leland Rocca


Ball Espinoza Lemmons RogersBarnett Geiss Lindberg Schmidt, R.Bauer Genetski Lipton Schmidt, W.Bennett Gonzales Liss SchuitmakerBledsoe Green Lori Scott, B.Bolger Gregory Lund Scott, P.Booher Griffin Marleau ScrippsBrown, L. Haase Mayes SegalBrown, T. Haines McDowell SheltrownByrnes Hammel McMillin SlavensByrum Hansen Meadows SlezakCalley Haveman Meekhof SmithCaul Hildenbrand Melton SpadeClemente Horn Meltzer StamasConstan Huckleberry Miller StanleyCorriveau Jackson Moore SwitalskiCoulouris Johnson Moss TlaibCrawford Jones, Rick Nathan TylerDaley Jones, Robert Nerat ValentineDean Kandrevas Neumann WalshDenby Kennedy Opsommer WarrenDeShazor Knollenberg Pavlov WomackDillon Kowall Pearce YoungDonigan Kurtz Polidori

Nays—0


The House agreed to the title of the bill. Rep. Angerer moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


House Bill No. 4480, entitled A bill to authorize the state administrative board to convey a certain parcel of state owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance. The bill was read a second time. Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Angerer moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


House Bill No. 4480, entitled A bill to authorize the state administrative board to convey a certain parcel of state owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:




Nays—0


The House agreed to the title of the bill. Rep. Angerer moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.

Messages from the Governor

The following line items veto message from the Governor was received and read:

Executive Office, Lansing, April 1, 2010Michigan House of Representatives State CapitolLansing, Michigan 48909-7514

Dear Legislators: Today I have signed Enrolled House Bill 5394, which authorizes $492,800 in fiscal year 2010 supplemental appropriations for the Departments of Education and Transportation. However, I am returning it to you because of several items of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific vetoes are contained in the attached copy of the bill, which has been filed with the Secretary of State.


I am concerned with the boilerplate provision that requires the Library of Michigan to maintain custody of the non-Michigan genealogy and federal documents collections and to not sell, lease, or otherwise dispose of these collections. I want to preserve the Library of Michigan’s flexibility in exploring suitable candidates to assume the custodial responsibilities of these collections. Therefore, I have vetoed sections 101(7), 302, and 1001. I thank the Legislature for its work on this legislation.

Respectfully,Jennifer M. GranholmGovernor

The bill was signed by the Governor April 1, 2010, at 5:31 p.m. The bill was filed with the Secretary of State April 2, 2010, at 11:48 a.m. and assigned Public Act No. 47, I.E. The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwith-stand ing, Rep. Angerer moved that the disapproved line items be re-referred to the Committee on Appropriations. The motion prevailed.

By unanimous consent the House returned to the order ofMotions and Resolutions

Rep. Angerer moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order. The motion prevailed, 3/5 of the members present voting therefor.

Reps. Miller, Lisa Brown, Terry Brown, Byrnes, Espinoza, Griffin, Hildenbrand, Robert Jones, Kandrevas, Knollenberg, LeBlanc, Liss, Lori, Lund, Marleau, Mayes, Nathan, Pearce, Roberts, Schuitmaker, Scripps, Sheltrown, Slavens, Tyler, Valentine, Walsh and Warren offered the following resolution: House Resolution No. 243. A resolution to declare April 15, 2010, as Community College Day in the state of Michigan. Whereas, The first Michigan two-year college, Grand Rapids Junior College, opened in 1914, and provided high school graduates with two years of general education classes preparing them for future education or workforce experience; and Whereas, Twenty-seven additional community colleges have been established throughout the state of Michigan since 1914. The community colleges of Michigan include: Alpena Community College, Bay College, Delta College, Glen Oaks Com-munity College, Gogebic Community College, Grand Rapids Community College, Henry Ford Community College, Jackson Community College, Kalamazoo Valley Community College, Kellogg Community College, Kirtland Community College, Lake Michigan Community College, Lansing Community College, Macomb Community College, Mid Michigan Community College, Monroe County Community College, Montcalm Community College, Mott Community College, Muskegon Community College, North Central Community College, Northwestern Michigan College, Oakland Community College, St. Clair County Community College, Schoolcraft College, Southwestern Michigan College, Washtenaw Com-munity College, Wayne County Community College District, and West Shore Community College. These institutions educate nearly a half-million students each year; and Whereas, Michigan community colleges have developed and evolved their educational offerings to include state-of-the-art technical and vocational programs while maintaining high academic standards; and Whereas, Our state’s community colleges are now recognized as leaders in workforce preparation, training, and retraining, as well as offering community services and cultural opportunities to Michigan communities; and Whereas, Students investing in a Michigan community college education enjoy an attractive return on investment because of future earning capacity; and Whereas, The role community colleges play in Michigan’s economic development continues to be more vital as our state’s workforce looks to compete both nationally and globally for the jobs of tomorrow; now, therefore, be it Resolved by the House of Representatives, That the members of this legislative body declare April 15, 2010, as Community College Day in the state of Michigan; and be it further Resolved, That copies of this resolution be transmitted to the Michigan Community College Association members as a token of our appreciation. The question being on the adoption of the resolution, The resolution was adopted.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 324.36105 and 324.36106. Reps. Hildenbrand, Crawford, Lori, Mayes, Meekhof, Pearce, Stamas and Walsh offered the following concurrent reso-lu tion: House Concurrent Resolution No. 52. A concurrent resolution to approve certain designated open space land applications for property in Kent County.


Whereas, Section 36105(2) and Section 36106(9) of Part 361, Farmland and Open Space Preservation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, require the Department of Agriculture to submit each applica-tion for designated open space easements along with an analysis of the cost to the legislature; and Whereas, The Department of Agriculture has received two applications for designated open space easements, both located in Vergennes Township, Kent County; and Whereas, The two parcels are located adjacent to the Flat River, a Designated Natural River classified as such under Part 305, Natural Rivers, of the Natural Resources and Environmental Protection Act, 1994 PA 451, and therefore qualify for the open space easement program; and Whereas, The legislature has reviewed the applications and analysis and determined that it is in the interest of the state of Michigan to enter into said easements; now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That we hereby approve the following designated open space land applications submitted by the Department of Agriculture: 1) Abraham DeHaan; location-Vergennes Township, Kent County; size-15 acres; cost per year-$691.00; proposed term-10 years; and 2) William J. Schreur; location-Vergennes Township, Kent County; size-27 acres; cost per year-$1,242.00; proposed term-10 years; and be it further Resolved, That copies of this resolution be transmitted to the Department of Agriculture. The concurrent resolution was referred to the Committee on Appropriations.

Rep. Knollenberg offered the following concurrent resolution: House Concurrent Resolution No. 53. A concurrent resolution to memorialize the Congress of the United States to enact the Automobile Dealer Economic Rights Restoration Act. Whereas, Our nation, the state of Michigan in particular, has been ravaged by economic forces far beyond our control. This has led to historic job losses, falling home values, and the near devastation of our domestic automobile manufacturing industry. This has had an incomparable impact in the Great Lake State, which has so long depended on the auto industry as the foundation of our economy; and Whereas, One of the most unfortunate aspects of the downturn in the automotive industry was the automakers’ overzealous reaction in eliminating automobile dealerships across the entire nation. These family businesses have been a key link in the automotive industry, offering sales and service of automobiles, in many cases, for over a century. Indeed, automobile dealerships mean much more than that. They are the face of the manufacturers, and for many smaller communities, the face of the town. Their contributions to the local economy, support of community interests, and con tributions to charitable causes and recreational activities have paid enormous benefits for generations; and Whereas, Legislation has been introduced in each house of the United States Congress to provide support for the restoration of many of these automobile franchise agreements. The Automobile Dealer Economic Rights Restoration Act has been introduced as H.R. 2743 and S. 1304. This important legislation is critical in helping get our automobile dealers back in business while most of their businesses’ infrastructure is still in place. Clearly, the timely passage of this legislation is critical; now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That we hereby memorialize the Congress of the United States to enact the Automobile Dealer Economic Rights Restoration Act; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. The concurrent resolution was referred to the Committee on Commerce.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Friday, March 26, for her approval of the following bill: Enrolled House Bill No. 4677 at 2:44 p.m. The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Friday, March 26: House Bill Nos. 5996 5997 5998 5999 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 House Joint Resolutions AAA BBB Senate Bill Nos. 1242 1243 1244 1245 1246 1247 1248 1249


The Clerk announced the enrollment printing and presentation to the Governor on Monday, March 29, for her approval of the following bills: Enrolled House Bill No. 4610 at 10:09 a.m. Enrolled House Bill No. 5018 at 10:11 a.m. Enrolled House Bill No. 5219 at 10:13 a.m. Enrolled House Bill No. 5405 at 10:15 a.m. Enrolled House Bill No. 5937 at 10:17 a.m. The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, March 30, for her approval of the following bill: Enrolled House Bill No. 5752 at 11:15 a.m. The Clerk announced that the following Senate bills had been received on Tuesday, April 13: Senate Bill Nos. 115 941

Reports of Standing Committees

The Committee on Judiciary, by Rep. Meadows, Chair, reported House Bill No. 5287, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 750 (MCL 257.750), as amended by 1988 PA 446. With the recommendation that the following amendment be adopted and that the bill then pass. 1. Amend page 1, line 1, after “(1)” by striking out “A” and inserting “EXCEPT WITH REGARD TO SPECIFIC TRAFFIC UNITS, SELECTIVE ENFORCEMENT UNITS, OR WHERE FEDERAL GRANT REQUIREMENTS MAY REQUIRE A QUOTA, A”. The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out: Yeas: Reps. Meadows, Lisa Brown, Constan, Kandrevas, Warren, Schuitmaker, Amash, Haveman, Rick Jones and Rocca Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported House Bill No. 5958, entitled A bill to amend 1967 PA 270, entitled “An act to provide for the collection, reporting, and release of certain information or data relating to health care research or education, patient safety, health care entities, practitioners, or professions, or certain governmentally funded programs; to limit the liability with respect to the collection, reporting, and release of certain infor mation or data; and to safeguard the confidential character of certain information or data,” by amending section 2 (MCL 331.532), as amended by 1993 PA 86. 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, Kandrevas, Warren, Schuitmaker, Haveman, Rick Jones and Rocca Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported House Bill No. 5959, entitled A bill to amend 1975 PA 46, entitled “An act to create the office of the legislative corrections ombudsman; to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of corrections; and to provide remedies from administrative acts,” by amending section 5 (MCL 4.355).


With the recommendation that the following amendment be adopted and that the bill then pass. 1. Amend page 1, line 1, after “request” by inserting “AND WITHOUT THE REQUIREMENT OF ANY RELEASE”. The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out: Yeas: Reps. Meadows, Lipton, Lisa Brown, Constan, Kandrevas, Warren, Schuitmaker, Haveman, Rick Jones and Rocca Nays: None

The Committee on Judiciary, by Rep. Meadows, Chair, reported House Bill No. 5995, entitled A bill to amend 1925 PA 289, entitled “An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institu tions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,” by amending section 3 (MCL 28.243), as amended by 2004 PA 222. 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, Kandrevas, Warren, Schuitmaker, Amash and Rocca Nays: Rep. Rick Jones

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Meadows, Chair, of the Committee on Judiciary, was received and read: Meeting held on: Wednesday, March 31, 2010 Present: Reps. Meadows, Lipton, Lisa Brown, Constan, Kandrevas, Warren, Schuitmaker, Amash, Haveman, Rick Jones and Rocca Absent: Reps. Corriveau, Coulouris, Bettie Scott and Kowall Excused: Reps. Corriveau, Coulouris, Bettie Scott and Kowall

The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported House Bill No. 6011, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 63 (MCL 38.63), as added by 1996 PA 487. 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. Griffin, Bledsoe, Angerer, Bolger and Horn Nays: Rep. Warren

The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported House Bill No. 6012, entitled A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 74 (MCL 38.1074), as added by 1996 PA 486. 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


The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported House Bill No. 6013, entitled A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending the title and sections 102, 105, 106, 108, 201, 202, 204, 204a, 204b, 204c, 204d, 204e, 204f, 205, and 206 (MCL 4.1102, 4.1105, 4.1106, 4.1108, 4.1201, 4.1202, 4.1204, 4.1204a, 4.1204b, 4.1204c, 4.1204d, 4.1204e, 4.1204f, 4.1205, and 4.1206), the title as amended by 1988 PA 100, sections 102 and 106 as amended by 1995 PA 189, sections 201 and 202 as amended by 1999 PA 264, section 204 as amended by 1998 PA 431, section 204a as added by 1998 PA 429, section 204b as added by 1998 PA 404, section 204c as added by 1998 PA 414, section 204d as added by 1998 PA 413, section 204e as added by 1998 PA 403, and sec tion 204f as added by 1998 PA 411, and by adding section 111; and to repeal acts and parts of acts. With the recommendation that the following amendment be adopted and that the bill then pass. 1. Amend page 6, following line 4, by inserting: “(4) THE LEGISLATIVE ADMINISTRATIVE AGENCY SHALL DEVELOP, POST, AND MAINTAIN ON A PUBLICLY ACCESSIBLE INTERNET SITE ALL EXPENDITURES MADE BY THE AGENCY WITHIN A FISCAL YEAR AND THE PURPOSE FOR WHICH EACH EXPENDITURE WAS MADE.” and renumbering the remaining subsection. The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call


The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported House Bill No. 6014, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 442 (MCL 18.1442), as added by 1991 PA 72. 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


The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported House Bill No. 6015, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 35 (MCL 24.235), as amended by 1995 PA 178. 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



The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported House Bill No. 6016, entitled A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending the title and sections 204c, 204d, 501, and 601 (MCL 4.1204c, 4.1204d, 4.1501, and 4.1601), the title as amended by 1988 PA 100, section 204c as added by 1998 PA 414, section 204d as added by 1998 PA 413, and section 601 as amended by 1999 PA 95, and by adding sec-tion 502; and to repeal acts and parts of acts. 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



The following report, submitted by Rep. Griffin, Chair, of the Committee on Oversight and Investigations, was received and read: Meeting held on: Tuesday, April 13, 2010 Present: Reps. Griffin, Bledsoe, Angerer, Warren, Bolger and Horn


The following report, submitted by Rep. Donigan, Chair, of the Committee on Intergovernmental and Regional Affairs, was received and read: Meeting held on: Tuesday, April 13, 2010 Present: Reps. Donigan, Barnett, Bledsoe, Robert Jones, Kennedy, Young, Lund, Denby, Meekhof and Wayne Schmidt Absent: Rep. Haugh Excused: Rep. Haugh


The following report, submitted by Rep. Meadows, Chair, of the Committee on Judiciary, was received and read: Meeting held on: Tuesday, April 13, 2010 Present: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Bettie Scott, Schuitmaker, Amash, Haveman, Kowall and Rocca Absent: Reps. Kandrevas, Warren and Rick Jones Excused: Reps. Kandrevas, Warren and Rick Jones

Messages from the Senate

Senate Bill No. 115, entitled A bill to amend 1993 PA 354, entitled “Railroad code of 1993,” (MCL 462.101 to 462.451) by adding section 318. 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. 941, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 10a and 10b (MCL 400.10a and 400.10b), as added by 1996 PA 190, and by adding section 10c. The Senate has passed the bill. The bill was read a first time by its title and referred to the Committee on Families and Children’s Services.


House Concurrent Resolution No. 50. A concurrent resolution providing for a joint convention of the House of Representatives and the Senate. (For text of resolution, see House Journal No. 31, p. 467.) The Senate has adopted the concurrent resolution and named Senators Clarke, Jacobs and Switalski as co-sponsors. The concurrent resolution was referred to the Clerk for record.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4187.

Rep. Agema

April 13, 2010

Mr. Richard J. Brown, ClerkMichigan House of RepresentativesState Capitol BuildingLansing, Michigan 48913

Pursuant to Public Act 394 of 2008, I hereby appoint the following individuals to the Electronic Waste Advisory Council. 1) Dave Baumgarten, an individual representing covered computer manufactures. 2) Robert Perry, an individual representing retailers of covered computers or covered video display devices. 3) Miles Handy, an individual representing an agency responsible for a countywide recycling program. 4) Representative Rebekah Warren to represent the Michigan House of Representatives. Thank you for your kind attention to this matter.

Regards,Andy DillonSpeaker of the HouseDistrict 17

Messages from the Governor

The following message from the Governor was received March 31, 2010 and read:

EXECUTIVE ORDERNo. 2010 - 4

DEPARTMENT OF COMMUNITY HEALTHDEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH

IMPLEMENTATION OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT

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, each principal department of state government is under the supervision of the Governor unless otherwise provided by the Constitution; WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, the Governor is responsible to take care that the laws be faithfully executed; WHEREAS, the Patient Protection and Affordable Care Act, Public Law 111-148, as amended, was duly enacted by the United States Congress and the President of the United States and is now the law of the land; WHEREAS, Michigan residents and businesses will benefit from this new federal law through enhanced access to quality and affordable health care, critical insurance market reforms, and reductions in the cost of health care for Michigan families and job providers;


WHEREAS, enactment of the Patient Protection and Affordable Care Act reinforces the State of Michigan’s long stand-ing commitment to improving the health of state residents by increasing citizen access to health care, reducing costs, and improving the quality of health care; WHEREAS, a coordinated response by the executive branch of this state is necessary for the implementation of the Patient Protection and Affordable Care Act and to assure that this state takes appropriate further action to increase access, reduce costs, and improve the quality of health care in Michigan; NOW THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:I. DEFINITIONS As used in this Order: A. “Civil Service Commission” means the commission created under Section 5 of Article XI of the Michigan Con sti-tution of 1963. B. “Commissioner of Financial and Insurance Regulation” means the head of the Office of Financial and Insurance Regu lation. C. “Department of Community Health” or “Department” means the principal department of state government created as the Department of Mental Health under Section 400 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.500, and renamed the Department of Community Health under Executive Order 1996-1, MCL 330.3101. D. “Department of Human Services” means the principal department of state government created as the Department of Social Services under Section 450 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.550, renamed the Family Independence Agency under 1995 PA 223, MCL 400.1, and renamed the Department of Human Services under Executive Order 2004-38. E. “Department of Technology, Management, and Budget” means the principal department of state government created as the Department of Management and Budget under Section 121 of The Management and Budget Act, 1984 PA 431, MCL 18.1121, and renamed under Executive Order 2009-55, MCL 18.441. F. “Health Insurance Reform Coordinating Council” or “Council” means the council created within the Department of Community Health under Section II of this Order. G. “Office of Financial and Insurance Regulation” means the office within the Department of Energy, Labor, and Eco-nomic Growth established by Executive Order 2000-4, MCL 445.2003, as the Office of Financial and Insurance Services and renamed the Office of Financial and Insurance Regulation under Executive Order 2008-2, MCL 445.2005. H. “Office of the State Employer” means the autonomous office created within the Department of Management and Budget under Executive Order 1979-5, whose duties include, but are not limited to, those assigned by Executive Orders 1979-5, 1981-3, 1988-6, 2002-18, 2004-31, 2007-30, 2008-22, and 2009-55. I. “Patient Protection and Affordable Care Act” or “Act” means the federal Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010. J. “State Budget Director” means the individual appointed by the Governor under Section 321 of The Management and Budget Act, 1984 PA 431, MCL 18.1321. K. “State Personnel Director” means the administrative and principal executive officer of the Civil Service Commission provided for under Section 5 of Article XI of the Michigan Constitution of 1963 and Section 204 of the Executive Organiza tion Act of 1965, 1965 PA 380, MCL 16.304.II. HEALTH INSURANCE REFORM COORDINATING COUNCIL A. The Health Insurance Reform Coordinating Council is created as an advisory body within the Department of Com-munity Health. B. The Council shall consist of the following members: 1. The Director of the Department of Community Health. 2. The Director of the Department of Human Services, or his or her designee from within the Department of Human Services. 3. The Director of the Department of Technology, Management, and Budget, or his or her designee from within the Department of Technology, Management, and Budget. 4. The State Budget Director, or his or her designee from within the State Budget Office. 5. The State Personnel Director, or his or her designee from within the Civil Service Commission. 6. The Director of the Office of the State Employer, or his or her designee from within the Office of the State Employer. 7. The Commissioner of Financial and Insurance Regulation, or his or her designee from within the Office of Financial and Insurance Regulation. 8. The Director of the Medical Services Administration within the Department of Community Health. C. The Director of the Department, or his or her designee, shall serve as the Chairperson of the Council. The Council shall elect a member of the Council to serve as Vice-Chairperson of the Council.III. CHARGE TO THE COUNCIL A. The Council shall act in an advisory capacity to the Governor and the Director of the Department of Community Health and shall do all of the following: 1. Conduct a comprehensive evaluation of the Patient Protection and Affordable Care Act, Public Law 111-148, as amended, and the potential impact of the Act upon the health care system within this state to identify crucial decision


points or state action items necessary to comply with the Act or to further enhance access to health care, reduce costs, and improve the quality of health care. 2. Identify and recommend mechanisms to assure a coordinated and efficient state response to implementation of the Act. 3. Engage with relevant stakeholders to assist in the development of recommendations for implementation of the Act. 4. Facilitate collaboration with appropriate federal agencies when necessary regarding the establishment of new rules, regulations, or mechanisms for implementation of the Act. 5. Develop recommendations for implementation of a health insurance exchange in this state. 6. Analyze the impact of the Act on state departments and agencies, including, but not limited to, budgetary implica tions of the Act for this state. 7. Identify federal grants, pilot programs, and other non-state funding sources to assist with implementation of the Act and other measures to further enhance access to health care, reduce costs, and to improve the quality of health care in this state. 8. Recommend executive action or legislation to effectively and efficiently implement the Act. 9. Submit to the Director of the Department and to the Governor a strategic plan for the effective and efficient imple-mentation of the Act. 10. Perform other functions related to implementation of the Act as requested by the Director of the Department or the Governor. B. The Council may establish advisory workgroups composed of Council members or others deemed necessary by the Council to assist the Council in performing its duties and responsibilities. Members may include, without limitation, doctors, nurses, health care professionals, patient advocates, representatives from health plans and health insurers, and others with expertise in the private sector, organized labor, government agencies, and at institutions of higher education. The Council may adopt, reject, or modify any recommendations proposed by an advisory workgroup.IV. OPERATIONS OF THE COUNCIL A. The Council shall be staffed and assisted by personnel from the Department, subject to available funding. Any budget-ing, procurement, or related management functions of the Council shall be performed under the direction and super vision of the Director of the Department. B. The Council shall adopt procedures consistent with Michigan law and this Order governing its organization and operations. C. A majority of the members of the Council serving constitutes a quorum for the transaction of the Council’s business. The Council shall act by a majority vote of its serving members. D. The Council shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Council. E. The Council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Council may also consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education. F. Members of the Council shall serve without compensation. Members of the Council may receive reimbursement for necessary travel and expenses consistent with relevant statutes and the rules and procedures of the Civil Service Commission and the Department of Technology, Management, and Budget, subject to available funding. G. The Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Council and the performance of its duties as the Director of the Department deems advisable and necessary, in accordance with this Order, the relevant statutes, and the rules and procedures of the Civil Service Commission and the Department of Technology, Management, and Budget, subject to available funding. H. The Council may accept donations of labor, services, or other things of value from any public or private agency or person. I. Members of the Council shall refer all legal, legislative, and media contacts to the Department.V. OFFICE OF FINANCIAL AND INSURANCE REGULATION A. The Commissioner of Financial and Insurance Regulation shall establish within the Office of Financial and Insur-ance Regulation an Office of Health Insurance Consumer Assistance to do all of the following: 1. Coordinate with the Office of Financial and Insurance Regulation and with consumer assistance organizations the receipt and response to inquiries and complaints concerning health insurance coverage relating to federal health insurance requirements and related requirements under Michigan law. 2. Assist with the filing of complaints and appeals, including filing appeals with an internal appeal or grievance process of a group health plan or health insurance issuer and with the provision of information about any external appeal process. 3. Collect, track, and quantify problems and inquiries encountered by consumers. 4. Educate consumers on their rights and responsibilities with respect to group health plans and health insurance coverage.


5. Assist consumers with enrollment in a group health plan or health insurance coverage by providing information, referral, and assistance. 6. Resolve problems with obtaining premium tax credits under Section 36B of the federal Internal Revenue Code of 1986. 7. Collect and report relevant data to the United States Secretary of Health and Human Services to the extent provided by federal law on the types of problems and inquiries encountered by consumers. B. The Commissioner of Financial and Insurance Regulation shall designate an individual within the Office of Financial and Insurance Regulation to serve as the Michigan Health Insurance Consumer Assistance Ombudsman and to supervise and direct the Office of Health Insurance Consumer Assistance.VI. MISCELLANEOUS A. The Director of the Department of Community Health shall provide direction and supervision for the implementation of Sections II, II, and IV of this Order. The Commissioner of Financial and Insurance Regulation shall provide direction and supervision for implementation of Section V of this Order. B. All departments, committees, commissioners, or officers of this state, or of any political subdivision of this state, shall give to the Health Insurance Reform Coordinating Council or to any member or representative of the Council, any necessary assistance required by the Council or any member or representative of the Council, in the performance of the duties of the Council so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or review of the Council. This Order is effective upon filing.

[SEAL] Given under my hand this 31st day of March, in the year of

our Lord, two thousand and ten.Jennifer M. GranholmGovernorBy the Governor:Terri L. LandSecretary of State

The message was referred to the Clerk.

Date: March 26, 2010Time: 3:32 p.m.

To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 5621 (Public Act No. 24, I.E.), being An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 53b (MCL 211.53b), as amended by 2008 PA 122. (Filed with the Secretary of State March 26, 2010, at 4:00 p.m.)


To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 5825 (Public Act No. 26, I.E.), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of


persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2008 PA 37. (Filed with the Secretary of State March 26, 2010, at 4:04 p.m.)


To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 5662 (Public Act No. 29, I.E.), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 43509, 43532, and 43533 (MCL 324.43509, 324.43532, and 324.43533), sections 43509 and 43533 as amended by 1996 PA 585 and section 43532 as amended by 2002 PA 108. (Filed with the Secretary of State March 26, 2010, at 4:10 p.m.)


To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 5481 (Public Act No. 30, I.E.), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 48721 (MCL 324.48721), as added by 1995 PA 57. (Filed with the Secretary of State March 26, 2010, at 4:12 p.m.)


To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 5645 (Public Act No. 31, I.E.), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 2154 (MCL 324.2154), as amended by 2004 PA 513. (Filed with the Secretary of State March 26, 2010, at 4:14 p.m.)



To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 5752 (Public Act No. 32, I.E.), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 2001, 2005, and 2030 (MCL 324.2001, 324.2005, and 324.2030), as added by 2004 PA 587, and by adding sections 1911 and 2045; and to repeal acts and parts of acts. (Filed with the Secretary of State March 31, 2010, at 2:01 p.m.)


To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 4677 (Public Act No. 34, I.E.), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 78101, 78105, and 83106 (MCL 324.78101, 324.78105, and 324.83106), section 78101 as amended by 2006 PA 466 and sections 78105 and 83106 as amended by 2004 PA 587, and by adding section 78119. (Filed with the Secretary of State March 31, 2010, at 1:39 p.m.)


To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 5018 (Public Act No. 36, I.E.), being An act to amend 1984 PA 270, entitled “An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts,” (MCL 125.2001 to 125.2094) by adding chapter 3A. (Filed with the Secretary of State March 31, 2010, at 1:43 p.m.)


To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 5937 (Public Act No. 38, I.E.), being An act to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer


of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 27a (MCL 205.27a), as amended by 2003 PA 23. (Filed with the Secretary of State March 31, 2010, at 1:47 p.m.)


To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 5219 (Public Act No. 39, I.E.), being An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2080) by adding section 1079. (Filed with the Secretary of State March 31, 2010, at 1:49 p.m.)


To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 5405 (Public Act No. 40, I.E.), being An act to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations. (Filed with the Secretary of State March 31, 2010, at 1:51 p.m.)

Date: April 1, 2010Time: 3:02 p.m.

To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 4610 (Public Act No. 46, I.E.), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 72101, 72102, 72105a, and 72110 (MCL 324.72101, 324.72102, 324.72105a, and 324.72110), section 72101 as amended and section 72105a as added by 1997 PA 129 and sections 72102 and 72110 as added by 1995 PA 58, and by adding section 72110a. (Filed with the Secretary of State April 2, 2010, at 11:46 a.m.)

Communications from State Officers

The following communication from the Department of State Police was received and read:

March 29, 2010 Enclosed is the Fiscal Year 2009 Annual Report and Evaluation for the Secondary Road Patrol and Traffic Accident Prevention Program. This report satisfies the reporting requirements contained in Public ACT 416 of 1978, as amended. Copies of this report are transmitted to the Governor’s Office, Clerk of the House, Secretary of the Senate, Chair of the House Appropriations Committee, Chair of the Senate Appropriations Committee, each county sheriff, the Michigan Sheriffs’ Association, and the Deputy Sheriff’s Association of Michigan.


Should you have any questions about this report, please contact Ms. Kim Kelly at (517) 333-5303.Sincerely,MICHAEL L. PRINCE, DIRECTOROffice of Highway Safety Planning

The communication was referred to the Clerk.

The following communication from the Department of Education was received and read:

March 31, 2010 I hereby transmit the legislatively required, most recent annual reports (per MCL 397.21) of the Library of Michigan. The report for 2008 is tardy due to transition staffing issues from the changes to the Department of History, Arts and Libraries, and I apologize for the delay. The report for FYO8 can be found at: http://www.michigan.gov/mde/0,1607,7-140-54504_19270_19411-223891—,00.html The report for FY09 can be found at: http://www.michigan.gov/mde/0,1607,7-140-54504_19270_19411-231830—,00.html If you have any questions or concerns please feel free to call our legislative liaison, Lisa Hansknecht, at 517-335-4913.

Sincerely,Carol Wolenberg, Deputy SuperintendentDepartment of Education

The communication was referred to the Clerk.

Introduction of Bills

Rep. Neumann introduced House Bill No. 6026, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7403a. The bill was read a first time by its title and referred to the Committee on Health Policy.

Rep. Neumann introduced House Bill No. 6027, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2006 PA 259. The bill was read a first time by its title and referred to the Committee on Health Policy.

Rep. Bledsoe introduced House Bill No. 6028, entitled A bill to amend 1990 PA 72, entitled “Local government fiscal responsibility act,” (MCL 141.1201 to 141.1291) by adding section 45. The bill was read a first time by its title and referred to the Committee on Education.

Rep. Bledsoe introduced House Bill No. 6029, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 11a (MCL 388.1611 and 388.1611a), section 11 as amended by 2009 PA 203 and section 11a as amended by 2009 PA 121. The bill was read a first time by its title and referred to the Committee on Appropriations.

Reps. Lisa Brown, Liss, Barnett, Donigan and Slavens introduced House Bill No. 6030, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 569a, 671, and 792a (MCL 168.569a, 168.671, and 168.792a), section 569a as added by 1985 PA 24, section 671 as amended by 1995 PA 261, and section 792a 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. Haase, Lisa Brown, Liss, Barnett, Donigan and Slavens introduced House Bill No. 6031, entitled A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 18a of chapter XIV (MCL 74.18a), as amended by 2003 PA 305. The bill was read a first time by its title and referred to the Committee on Ethics and Elections.

Reps. Lisa Brown, Liss, Haase, Barnett, Donigan and Slavens introduced House Bill No. 6032, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 21, 37, and 57 (MCL 389.21, 389.37, and 389.57), as amended by 2003 PA 306. The bill was read a first time by its title and referred to the Committee on Ethics and Elections.

Reps. Rogers and Lisa Brown introduced House Bill No. 6033, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 24a, 30g, 307, 308, 323, 347, 355, 360, 426c, 426f, 426l, 792, 806, 809, 822, 823, 826, 866, 867, and 868 (MCL 168.24a, 168.30g, 168.307, 168.308, 168.323, 168.347, 168.355, 168.360, 168.426c, 168.426f, 168.426l, 168.792, 168.806, 168.809, 168.822, 168.823, 168.826, 168.866, 168.867, and 168.868), section 24a as amended by 1982 PA 154, sections 307 and 308 as added by 2003 PA 302, section 426f as amended by 1990 PA 32, sections 809 and 868 as amended by 1995 PA 261, section 826 as amended by 2003 PA 119, and section 867 as amended by 1980 PA 200; and to repeal acts and parts of acts. The bill was read a first time by its title and referred to the Committee on Ethics and Elections.

Reps. Johnson, Corriveau, Ball and Roy Schmidt introduced House Bill No. 6034, entitled A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 401e, 402b, 608, 609, 610, 612, and 613 (MCL 550.1401e, 550.1402b, 550.1608, 550.1609, 550.1610, 550.1612, and 550.1613), section 401e as added by 1996 PA 516, section 402b as amended by 1999 PA 7, section 608 as amended by 1991 PA 73, and section 609 as amended by 2003 PA 59, and by adding sections 220, 409b, and 419c. The bill was read a first time by its title and referred to the Committee on Health Policy.

Reps. Ball, Corriveau, Johnson and Roy Schmidt introduced House Bill No. 6035, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3539 (MCL 500.3539), as amended by 2005 PA 306, and by adding chapter 37A. The bill was read a first time by its title and referred to the Committee on Health Policy.

Reps. Roy Schmidt, Ball, Johnson and Corriveau introduced House Bill No. 6036, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2213b, 3406f, and 3711 (MCL 500.2213b, 500.3406f, and 500.3711), section 2213b as amended by 1998 PA 457, section 3406f as added by 1996 PA 517, and section 3711 as added by 2003 PA 88, and by adding sections 2264b and 3710. The bill was read a first time by its title and referred to the Committee on Health Policy.

Reps. Corriveau, Ball, Johnson and Roy Schmidt introduced House Bill No. 6037, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3501, 3503, 3519, and 3537 (MCL 500.3501, 500.3503, 500.3519, and 500.3537), sections 3501 and 3537 as added by 2000 PA 252, section 3503 as amended by 2006 PA 366, and section 3519 as amended by 2005 PA 306, and by adding section 3406s and chap-ter 37B. The bill was read a first time by its title and referred to the Committee on Health Policy.


Rep. Rick Jones introduced House Bill No. 6038, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7212, 7403, and 7404 (MCL 333.7212, 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.

Rep. Lemmons introduced House Bill No. 6039, entitled A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending section 13 (MCL 423.243). The bill was read a first time by its title and referred to the Committee on Labor.

Reps. Haase, Sheltrown, Miller, Hammel, Byrnes, Ebli, Valentine, Gregory, Smith, Segal, Stanley, Geiss, Robert Jones, Warren, Young, Bledsoe, Bettie Scott, LeBlanc, Melton, Cushingberry, Switalski, Slezak, Barnett, Liss, Nerat, Griffin, Scripps, Meadows, Johnson, Byrum, Durhal, Jackson, Womack, Kennedy, Haugh, Slavens, Constan, Polidori, Terry Brown, Espinoza, Hansen, Neumann, McDowell, Spade, Lahti, Lindberg, Mayes, Kandrevas, Clemente, Corriveau, Coulouris, Donigan, Lisa Brown, Tlaib, Stamas, Daley, Calley, Hildenbrand, Rocca, Ball, Opsommer and Huckleberry introduced House Bill No. 6040, entitled A bill to provide for the establishment of a grant program and procedures of administering that program; to provide for methods for certain farm product producers to access school-related food programs; to provide for the setting of standards for qualification for the grant program; to provide for certain powers and duties for the department of agriculture; and to provide for the dissemination of certain information to schools and farm product producers. The bill was read a first time by its title and referred to the Committee on Agriculture.

Reps. Meadows, Sheltrown, Haase, Miller, Hammel, Byrnes, Ebli, Valentine, Gregory, Smith, Segal, Stanley, Geiss, Robert Jones, Warren, Young, Bledsoe, Bettie Scott, LeBlanc, Melton, Cushingberry, Switalski, Slezak, Liss, McDowell, Nerat, Scripps, Johnson, Byrum, Durhal, Jackson, Womack, Kennedy, Haugh, Barnett, Slavens, Constan, Polidori, Terry Brown, Espinoza, Hansen, Neumann, Spade, Lahti, Lindberg, Mayes, Kandrevas, Clemente, Griffin, Corriveau, Coulouris, Donigan, Lisa Brown, Tlaib, Stamas, Daley, Calley, Hildenbrand, Rocca, Opsommer, Ball and Huckleberry introduced House Bill No. 6041, entitled A bill to establish a program to designate, promote, and market to public entities certain products grown, processed, and manufactured in this state; to provide for certain powers for certain state departments and agencies; to provide for certain grants to certain persons; and to provide for the promulgation of rules. The bill was read a first time by its title and referred to the Committee on Agriculture.

Reps. Rick Jones and Miller introduced House Bill No. 6042, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7333b. The bill was read a first time by its title and referred to the Committee on Agriculture.

Reps. Miller and Rick Jones introduced House Bill No. 6043, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b. The bill was read a first time by its title and referred to the Committee on Agriculture.

Rep. Clemente introduced House Bill No. 6044, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2009 PA 241. The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.


Reps. Walsh, Wayne Schmidt, Knollenberg, Daley, Stamas, Denby, Tyler, Bolger, Opsommer, Meekhof, Marleau, Hansen, Haines, Lund, DeShazor, Pavlov, Moore, Rocca, Horn, Calley, McMillin, Rick Jones, Haveman, Kowall, Lori, Proos, Crawford, Booher, Ball, Paul Scott and Rogers introduced House Joint Resolution CCC, entitled A joint resolution to petition the congress of the United States to call a convention to propose an amendment to the constitution of the United States to require that congress shall make no law that applies to the citizens of the United States that does not apply equally to the members of the United States Senate or members of the United States House of Representatives and congress shall make no law that applies to the members of the United States Senate or members of the United States House of Representatives that does not apply equally to the citizens of the United States. The joint resolution was read a first time by its title and referred to the Committee on Judiciary.

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Rep. Roberts moved that the House adjourn. The motion prevailed, the time being 5:05 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, April 14, at 1:30 p.m.

RICHARD J. BROWNClerk of the House of Representatives


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