House of Representatives 95Th Legislature REGULAR SESSION of 2010
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No. 96 STATE OF MICHIGAN JOURNAL OF THE House of Representatives 95th Legislature REGULAR SESSION OF 2010 House Chamber, Lansing, Thursday, December 2, 2010. 10:00 a.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—e/d/s Lahti—present Proos—present Amash—present Ebli—excused LeBlanc—present Roberts—present Angerer—present Elsenheimer—present Leland—present Rocca—present Ball—present Espinoza—present Lemmons—excused Rogers—present Barnett—present Geiss—present Lindberg—present Schmidt, R.—present Bauer—present Genetski—present Lipton—present Schmidt, W.—present Bennett—present Gonzales—present Liss—present Schuitmaker—present Bledsoe—present Green—present Lori—present Scott, B.—excused Bolger—present Gregory—present Lund—present Scott, P.—present 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 Shirkey—present Byrum—present Hansen—present Meadows—present Slavens—present Calley—present 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—excused Stamas—present Corriveau—present Huckleberry—present Moss—present Stanley—present Crawford—present Jackson—present Nathan—e/d/s Switalski—excused Cushingberry—present Johnson—present Nerat—excused Tlaib—present Daley—present Jones, Rick—present Neumann—present Tyler—present Dean—present Kandrevas—present Oakes—present Valentine—present Denby—present Kennedy—present Opsommer—present Walsh—present DeShazor—present Knollenberg—present Pavlov—present Warren—present Dillon—present Kowall—present Pearce—present Womack—e/d/s Donigan—present Kurtz—present Polidori—present Young—present e/d/s = entered during session 1990 JOURNAL OF THE HOUSE [December 2, 2010] [No. 96 Rep. Eileen Kowall, from the 44th District, offered the following invocation: “Dear Lord, As we gather this new day, I pray that You give us understanding, insight, and a generous heart of gratitude for all our many blessings. On this last day of session before Christmas, let us radiate the light of Christ everyday, in every way, in all that we do, and in all that we say. I pray we keep the spirit of Christmas at heart as we continue our work this day. We ask guidance, protection of our loved ones, and health and well-being to all who serve the people of our great state and nation. And lest we not forget, please bless and keep our troops serving in faraway places. We ask for Your direction as we strive to do what is best for the people of the state of Michigan. May the grace of the Lord be with each of us in this holiday season. Amen.” ______ Rep. Angerer moved that Reps. Ebli, Lemmons, Miller, Nerat, Bettie Scott and Switalski be excused from today’s session. The motion prevailed. Comments and Recommendations Rep. Angerer moved that Rule 75 be suspended. The motion prevailed, 3/5 of the members present voting therefor. Rep. Angerer moved that the following remarks be printed in the Journal. The motion prevailed. Rep. Corriveau: “LET IT BE KNOWN, That it is with deep appreciation for the hard work, dedication, and professionalism that Janet Olszewski has put forth on behalf of the people of Michigan that we offer this expression of our sincere gratitude. As the people of Michigan recognize the loyalty and devotion to public service of this assiduous individual, we add our sentiments of gratefulness for a job well done. Janet Olszewski spent the better part of 30-plus years working to make Michigan a safer and healthier place for the men, women and children who call this state home. Her tenure as a state employee began in 1977 with a post in the Office of Services to the Aging. Ms. Olszewski quickly expanded her public health expertise and earned a reputation for being one of the smartest people in the room who knew how to bring people together and solve problems. That reputation and a track record of delivering results propelled her to leadership positions within the former Department of Public Health and the state’s Medicaid program. Director of the MDCH since 2003, Ms. Olszewski oversaw one of state government’s largest departments, a department charged with promoting the health and safety of all Michigan residents. She led the department during some of our state’s most challenging economic times. As resources dwindled and the need among our residents swelled to new heights, Ms. Olszewski expertly guided the MDCH’s efforts to provide more effective services and programs in a more efficient manner. Never did she waver from the department’s mission to protect the most vulnerable among us. Janet Olszewski created a culture that encouraged employees to unleash their innovation and they responded, making Michigan a national leader in several public health arenas. She herself became a public health leader in the state of Michigan and beyond. Her extensive knowledge and proven leadership vaulted her to prominent positions in several state and national organizations and garnered her numerous awards. More importantly, she is directly responsible for improving the lives of countless Michigan families. A public servant of the highest integrity, she leaves a legacy of leadership and service before self that will serve as a beacon for the countless employees and colleagues she has mentored and inspired. IN SPECIAL TRIBUTE, Therefore, it is with deep gratitude that this document is signed and dedicated to join with the citizens of Michigan in saluting Janet Olszewski for her many outstanding years in public service. We wish her the very best as she departs state government to embark upon a new life chapter.” No. 96] [December 2, 2010] JOURNAL OF THE HOUSE 1991 By unanimous consent the House returned to the order of Third Reading of Bills Senate Bill No. 589, entitled A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending section 7a (MCL 252.307a), as added by 2006 PA 447. (The bill was read a third time and postponed temporarily on December 1, see House Journal No. 95, p. 1972.) The question being on the passage of the bill, Rep. Oakes moved to substitute (H-1) the bill. The motion was seconded and the substitute (H-1) was adopted, a majority of the members present voting therefor. The question being on the passage of the bill, Rep. Oakes moved to amend the bill as follows: 1. Amend page 2, line 19, after “BETWEEN” by striking out “OCTOBER 1, 2009” and inserting “DECEMBER 1, 2010”. 2. Amend page 2, line 20, by striking out “NOVEMBER 15, 2010” and inserting “MARCH 1, 2011”. The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows: Roll Call No. 520 Yeas—68 Agema Dillon Johnson Pavlov Angerer Donigan Kandrevas Pearce Ball Elsenheimer Knollenberg Polidori Bolger Espinoza Kowall Proos Booher Gonzales Kurtz Rogers Brown, T. Green Lahti Schmidt, W. Byrnes Gregory LeBlanc Schuitmaker Calley Griffin Liss Scott, P. Caul Haines Lund Segal Clemente Hammel Marleau Sheltrown Corriveau Hansen Mayes Shirkey Crawford Haugh Meekhof Spade Cushingberry Haveman Melton Stamas Daley Hildenbrand Meltzer Stanley Dean Horn Moss Tyler Denby Huckleberry Neumann Walsh DeShazor Jackson Oakes Young Nays—30 Amash Geiss Lori Scripps Barnett Genetski McMillin Slavens Bauer Haase Meadows Slezak Bennett Jones, Rick Opsommer Smith Bledsoe Kennedy Roberts Tlaib Brown, L. Leland Rocca Valentine Byrum Lindberg Schmidt, R. Warren Constan Lipton In The Chair: Byrnes The question being on agreeing to the title of the bill, Rep. Angerer moved to amend the title to read as follows: A bill to amend 1972 PA 106, entitled “An act to provide for the licensing, regulation, control, and prohibition of outdoor advertising adjacent to certain roads and highways; to prescribe powers and duties of certain state agencies and 1992 JOURNAL OF THE HOUSE [December 2, 2010] [No. 96 officials; to promulgate rules; to provide remedies and prescribe penalties for violations; and to repeal acts and parts of acts,” by amending section 7a (MCL 252.307a), as amended by 2009 PA 86. The motion prevailed. The House agreed to the title as amended. Rep. Angerer moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor. By unanimous consent the House returned to the order of Messages from the Senate The Speaker laid before the House House Bill No. 5921, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 278. (The bill was received from the Senate on November 30, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 1, see House Journal No. 94, p. 1924.) The question being on concurring in the substitute (S-2) made to the bill by the Senate, The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows: Roll Call No. 521 Yeas—85 Angerer Dillon Knollenberg Roberts Ball Donigan Kowall Rocca Barnett Espinoza Lahti Rogers Bauer Geiss LeBlanc Schmidt, R. Bennett Gonzales Leland Schmidt, W. Bledsoe Green Lindberg Schuitmaker Bolger Gregory Lipton Scripps Booher Griffin Liss Segal Brown, L. Haase Lori Sheltrown Brown, T. Haines Marleau Slavens Byrnes Hammel Mayes Slezak Byrum Hansen McDowell Smith Caul Haugh Meadows Spade Clemente Hildenbrand Melton Stamas Constan Horn Meltzer Stanley Corriveau Huckleberry Neumann Tlaib Crawford Jackson Oakes Tyler Cushingberry Johnson Pavlov Valentine Daley Jones, Rick Pearce Walsh Dean Kandrevas Polidori Warren Denby Kennedy Proos Young DeShazor Nays—14 Agema Genetski McMillin Opsommer Amash Haveman Meekhof Scott, P.