House of Representatives 95Th Legislature REGULAR SESSION of 2010
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No. 50 STATE OF MICHIGAN JOURNAL OF THE House of Representatives 95th Legislature REGULAR SESSION OF 2010 House Chamber, Lansing, Thursday, May 20, 2010. 12:00 Noon. The House was called to order by the Speaker Pro Tempore. The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present. Agema—present Durhal—present Kurtz—present Polidori—present Amash—present Ebli—present Lahti—present Proos—present Angerer—present Elsenheimer—present LeBlanc—present Roberts—present Ball—present Espinoza—present Leland—present Rocca—present Barnett—present Geiss—present Lemmons—present Rogers—present Bauer—present Genetski—present Lindberg—present Schmidt, R.—present Bennett—present Gonzales—present Lipton—present Schmidt, W.—present Bledsoe—present Green—present Liss—present Schuitmaker—present Bolger—present Gregory—present Lori—present Scott, B.—present Booher—present Griffin—present Lund—present Scott, P.—present Brown, L.—present Haase—present Marleau—present Scripps—present Brown, T.—present Haines—present Mayes—present Segal—present Byrnes—present Hammel—present McDowell—present Sheltrown—present Byrum—present Hansen—present McMillin—present Slavens—present Calley—present Haugh—present Meadows—present Slezak—present Caul—present Haveman—present Meekhof—present Smith—present Clemente—present Hildenbrand—present Melton—present Spade—present Constan—present Horn—present Meltzer—present Stamas—present Corriveau—present Huckleberry—present Miller—present Stanley—present Crawford—present Jackson—present Moore—present Switalski—present Cushingberry—present Johnson—present Moss—present Tlaib—excused Daley—present Jones, Rick—present Nathan—present Tyler—present Dean—present Jones, Robert—present Nerat—present Valentine—present Denby—present Kandrevas—present Neumann—present Walsh—present DeShazor—present Kennedy—present Opsommer—present Warren—present Dillon—present Knollenberg—present Pavlov—present Womack—present Donigan—present Kowall—present Pearce—present Young—present e/d/s = entered during session 776 JOURNAL OF THE HOUSE [May 20, 2010] [No. 50 Rep. Larry DeShazor, from the 61st District, offered the following invocation: “Heavenly Father, As we begin our work today, may we remind ourselves of the tremendous honor the people of Michigan have given us. Our responsibilities are many, and we are called upon to offer a vision and direction that will serve the needs of our great State. May our decisions be based upon what is right, just and fair. In the spirit of cooperation and unity, may we work together to give our citizens every ability to prosper. May God bless our efforts today, and bless the people of the state of Michigan. We ask all of this in the name of the God we serve. Amen.” ______ Rep. Melton moved that Rep. Tlaib be excused from today’s session. The motion prevailed. Comments and Recommendations Rep. Dean moved that Rule 75 be suspended. The motion prevailed, 3/5 of the members present voting therefor. Rep. Dean moved that the following remarks be printed in the Journal. The motion prevailed. Rep. Hildenbrand: “I rise today to honor the life of Sgt. Lucas Tyler Beachnaw. Sgt. Beachnaw was a 23 year-old soldier serving in the United States Army when he gave his life, the ultimate sacrifice, for our great country. Sgt. Beachnaw and fellow soldiers came under small arms fire on January 13, 2010 when several of them lost their lives. Although it has been several months since his passing, the gallery today is filled with family and friends of Sgt. Beachnaw who dearly miss him everyday. While Sgt Beachnaw and I grew up in the same town, I never had the opportunity to meet him. Word traveled fast through our small town and it didn’t take me long to realize that Luke was a special young man who was loved by so many in our community. The same day that Sgt Beachnaw’s body was being brought back to Grand Rapids - I will never forget seeing dozens of large beautiful American flags that blew in the wind as they lined the bridge over the Grand River to honor Sgt. Beachnaw and his family. I was privileged to join with Senator Hardiman and the hundreds of others from our community, at Sgt Beachnaw’s memorial service. His life, character and love for this country are truly admirable to us all. I would like to read the words that are etched on Sgt. Beachnaw’s headstone that are an important reminder for all of us. It’s a Winston Churchill quote that says: ‘We sleep soundly in our beds because rough men stand ready in the night to visit violence on those who would do us harm.’ Sgt. Beachnaw lived by those words everyday and in his service to our great nation. Senator Hardiman and I presented a memorial tribute over in the Senate to the family. In addition, I have a U.S. and Michigan Flag that were both flown over this State Capitol on January 22, 2010 the day of Sgt. Beachnaw’s memorial service and funeral to present to his mother and father. Would my colleagues please rise and honor the many family and friends here in the gallery and honor the passing of Sgt. Lucas Tyler Beachnaw.” By unanimous consent the House returned to the order of Reports of Standing Committees The Speaker laid before the House House Concurrent Resolution No. 52. A concurrent resolution to approve certain designated open space land applications for property in Kent County. (For text of concurrent resolution, see House Journal No. 32, p. 492.) (The concurrent resolution was reported by the Committee on Appropriations on May 12.) The question being on the adoption of the concurrent resolution, The concurrent resolution was adopted, a majority of the members serving voting therefor. No. 50] [May 20, 2010] JOURNAL OF THE HOUSE 777 Second Reading of Bills House Bill No. 5244, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 74a. Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families and Children’s Services, The substitute (H-1) was not adopted, a majority of the members serving not voting therefor. Rep. Spade 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. McMillin moved to amend the bill as follows: 1. Amend page 6, line 2, after “unless” by striking out the balance of the enacting section and inserting “all of the following bills of the 95th Legislature are enacted into law: (a) House Bill No. 5771. (b) House Bill No. 5838.”. The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor. Rep. Spade moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Melton 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. 5244, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 74a. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows: Roll Call No. 206 Yeas—94 Angerer Durhal Lahti Proos Ball Ebli LeBlanc Roberts Barnett Elsenheimer Leland Rocca Bauer Espinoza Lemmons Rogers Bennett Geiss Lindberg Schmidt, R. Bledsoe Gonzales Liss Schmidt, W. Bolger Green Lori Schuitmaker Booher Gregory Lund Scott, P. Brown, L. Griffin Marleau Scripps Brown, T. Haase Mayes Segal Byrnes Haines McDowell Sheltrown Byrum Hammel McMillin Slavens Calley Hansen Meadows Slezak Caul Haugh Meekhof Smith Clemente Hildenbrand Melton Spade Constan Huckleberry Meltzer Stanley Corriveau Jackson Miller Switalski Cushingberry Johnson Moss Tyler Daley Jones, Rick Nathan Valentine Dean Jones, Robert Nerat Walsh Denby Kandrevas Neumann Warren DeShazor Kennedy Pavlov Womack Dillon Knollenberg Polidori Young Donigan Kowall 778 JOURNAL OF THE HOUSE [May 20, 2010] [No. 50 Nays—13 Agema Haveman Lipton Pearce Amash Horn Moore Scott, B. Crawford Kurtz Opsommer Stamas Genetski In The Chair: Byrnes The House agreed to the title of the bill. Rep. Melton 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. 5838, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 74d. Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families and Children’s Services, The substitute (H-1) was adopted, a majority of the members serving voting therefor. Rep. Agema moved to amend the bill as follows: 1. Amend page 2, following line 4, 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. 1173. (b) Senate Bill No. 1179.”. The question being on the adoption of the amendment offered by Rep. Agema, Rep. Agema demanded the yeas and nays. The demand was supported. The question being on the adoption of the amendment offered by Rep. Agema, The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows: Roll Call No. 207 Yeas—44 Agema Elsenheimer Kurtz Pavlov Amash Genetski LeBlanc Pearce Ball Green Lori Proos Bolger Haines Lund Rocca Booher Hansen Marleau Rogers Calley Haveman McMillin Schmidt, W. Caul Hildenbrand Meekhof Schuitmaker Crawford Horn Meltzer Scott, P.