No. 95

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Friday, December 19, 2008.

12:01 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.

Accavitti—present Dillon—e/d/s Lahti—present Pearce—present

Acciavatti—present Donigan—present LaJoy—present Polidori—present

Agema—present Ebli—present Law, David—present Proos—present

Amos—present Elsenheimer—present Law, Kathleen—present Robertson—present

Angerer—present Emmons—present LeBlanc—present Rocca—present

Ball—present Espinoza—present Leland—present Sak—present

Bauer—present Farrah—present Lemmons—present Schuitmaker—present

Bennett—excused Gaffney—present Lindberg—present Scott—present

Bieda—present Garfield—present Marleau—present Shaffer—present

Booher—present Gillard—present Mayes—present Sheen—present

Brandenburg—present Gonzales—present McDowell—present Sheltrown—present

Brown—present Green—present Meadows—present Simpson—present

Byrnes—present Griffin—present Meekhof—present Smith, Alma—present

Byrum—present Hammel—present Meisner—present Smith, Virgil—present

Calley—present Hammon—present Melton—present Spade—present

Casperson—present Hansen—present Meltzer—present Stahl—present

Caswell—present Hildenbrand—present Miller—excused Stakoe—present

Caul—present Hood—present Moolenaar—present Steil—excused

Cheeks—present Hoogendyk—present Moore—present Tobocman—present

Clack—present Hopgood—present Moss—present Vagnozzi—excused

Clemente—present Horn—present Nitz—present Valentine—present

Condino—present Huizenga—present Nofs—present Walker—present

Constan—present Hune—present Opsommer—present Ward—present

Corriveau—present Jackson—present Palmer—present Warren—present

Coulouris—present Johnson—present Palsrok—present Wenke—present

Cushingberry—e/d/s Jones, Rick—present Pastor—present Wojno—present

Dean—present Jones, Robert—present Pavlov—present Young—present

DeRoche—present Knollenberg—present

e/d/s = entered during session

Rep. John Espinoza, from the 83rd District, offered the following invocation:

“Heavenly Father we ask for Your blessing upon the members of this house, the people’s house. We ask that You watch over our brothers and sisters that have served the people of Michigan as their representatives in this institution. Protect them in their future endeavors. We ask for these things in Your son’s name, Amen.”

______

Rep. Tobocman moved that Reps. Bennett, Miller and Vagnozzi be excused from today’s session.

The motion prevailed.

Rep. Hansen moved that Rep. Steil be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Tobocman moved that the Committee on Great Lakes and Environment be discharged from further consideration of Senate Bill No. 1532.

The motion prevailed, a majority of the members serving voting therefor.

The bill was placed on the order of Second Reading of Bills.

Second Reading of Bills

Senate Bill No. 1532, entitled

A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” (MCL 445.571 to 445.576) by adding section 2a.

The bill was read a second time.

Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Hansen moved that Rep. Elsenheimer be excused from the balance of today’s session.

The motion prevailed.

Rep. Hansen moved that Rep. Emmons be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1532, entitled

A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” (MCL 445.571 to 445.576) by adding section 2a.

Was read a third time and passed, 3/4 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1190 Yeas—102

Accavitti Donigan LaJoy Pearce

Acciavatti Ebli Law, David Polidori

Agema Espinoza Law, Kathleen Proos

Amos Farrah LeBlanc Robertson

Angerer Gaffney Leland Rocca

Ball Garfield Lemmons Sak

Bauer Gillard Lindberg Schuitmaker

Bieda Gonzales Marleau Scott

Booher Green Mayes Shaffer

Brandenburg Griffin McDowell Sheen

Brown Hammel Meadows Sheltrown

Byrnes Hammon Meekhof Simpson

Byrum Hansen Meisner Smith, Alma

Calley Hildenbrand Melton Smith, Virgil

Casperson Hood Meltzer Spade

Caswell Hoogendyk Moolenaar Stahl

Caul Hopgood Moore Stakoe

Cheeks Horn Moss Tobocman

Clack Huizenga Nitz Valentine

Clemente Hune Nofs Walker

Condino Jackson Opsommer Ward

Constan Johnson Palmer Warren

Corriveau Jones, Rick Palsrok Wenke

Coulouris Jones, Robert Pastor Wojno

Dean Knollenberg Pavlov Young

DeRoche Lahti

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

Rep. Tobocman 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

Motions and Resolutions

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Tobocman moved that the Committee on Great Lakes and Environment be discharged from further consideration of Senate Bill No. 1648.

The motion prevailed, a majority of the members serving voting therefor.

The bill was placed on the order of Second Reading of Bills.

Second Reading of Bills

Senate Bill No. 1648, entitled

A bill to provide state payments to reverse vending machine manufacturers for the cost of retrofitting certain reverse vending machines; to provide money to certain dealers for the purchase of certain new reverse vending machines; to create the beverage container redemption antifraud fund; and to provide for the powers and duties of certain state governmental officers and entities.

The bill was read a second time.

Rep. Warren moved to amend the bill as follows:

1. Amend page 3, line 25, after “of” by striking out “updating” and inserting “retrofitting”.

2. Amend page 6, line 22, by striking out all of subdivision (d) and inserting:

“(d) The department shall expend money from the fund, upon appropriation, only for the purposes of this act and the reverse vending machine antifraud act, including, but not limited to, administration of those acts. However, the department may not use more than $100,000.00 from the fund in any state fiscal year for administration of this act and the reverse vending machine antifraud act.”.

3. Amend page 11, line 16, by striking out all of enacting section 1 and renumbering the remaining enacting section.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1648, entitled

A bill to provide state payments to reverse vending machine manufacturers for the cost of retrofitting certain reverse vending machines; to provide money to certain dealers for the purchase of certain new reverse vending machines; to create the beverage container redemption antifraud fund; and to provide for the powers and duties of certain state governmental officers and entities.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1191 Yeas—100

Accavitti DeRoche Jones, Robert Palsrok

Acciavatti Donigan Knollenberg Pastor

Agema Ebli Lahti Pavlov

Amos Emmons LaJoy Pearce

Angerer Espinoza Law, David Polidori

Ball Farrah Law, Kathleen Proos

Bauer Gaffney LeBlanc Robertson

Bieda Garfield Leland Rocca

Booher Gillard Lemmons Sak

Brandenburg Gonzales Lindberg Schuitmaker

Brown Green Marleau Scott

Byrnes Griffin Mayes Sheltrown

Byrum Hammel McDowell Simpson

Calley Hammon Meadows Smith, Alma

Casperson Hansen Meekhof Smith, Virgil

Caswell Hildenbrand Meisner Spade

Caul Hood Melton Stahl

Cheeks Hoogendyk Meltzer Stakoe

Clack Hopgood Moolenaar Tobocman

Clemente Horn Moore Valentine

Condino Huizenga Moss Ward

Constan Hune Nitz Warren

Corriveau Jackson Nofs Wenke

Coulouris Johnson Opsommer Wojno

Dean Jones, Rick Palmer Young

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

Rep. Tobocman moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Angerer moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Tobocman moved that the Committee on Transportation be discharged from further consideration of Senate Bill No. 1525.

The motion prevailed, a majority of the members serving voting therefor.

The bill was placed on the order of Second Reading of Bills.

Second Reading of Bills

Senate Bill No. 1525, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2006 PA 658.

The bill was read a second time.

Rep. Gonzales moved to amend the bill as follows:

1. Amend page 7, line 8, after “WEBSITE” by inserting “OR, IF A LOCAL AUTHORITY DOES NOT HAVE A WEBSITE, THEN ON THE WEBSITE OF A STATEWIDE ROAD ASSOCIATION OF WHICH IT IS A MEMBER”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Hansen moved that Rep. DeRoche be excused from the balance of today’s session.

The motion prevailed.

Rep. Hansen moved that Rep. Nitz be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1525, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2006 PA 658.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1192 Yeas—98

Accavitti Donigan Knollenberg Pearce

Acciavatti Ebli LaJoy Polidori

Agema Emmons Law, David Proos

Amos Espinoza Law, Kathleen Robertson

Angerer Farrah LeBlanc Rocca

Ball Gaffney Leland Sak

Bauer Garfield Lemmons Schuitmaker

Bieda Gillard Marleau Scott

Booher Gonzales Mayes Shaffer

Brandenburg Green McDowell Sheen

Brown Griffin Meadows Simpson

Byrnes Hammel Meekhof Smith, Alma

Byrum Hammon Meisner Smith, Virgil

Calley Hansen Melton Spade

Casperson Hildenbrand Meltzer Stahl

Caswell Hood Moolenaar Stakoe

Caul Hoogendyk Moore Tobocman

Clack Hopgood Moss Valentine

Clemente Horn Nofs Walker

Condino Huizenga Opsommer Ward

Constan Hune Palmer Warren

Corriveau Jackson Palsrok Wenke

Coulouris Johnson Pastor Wojno

Dean Jones, Rick Pavlov Young

Dillon Jones, Robert

Nays—3

Lahti Lindberg Sheltrown

In The Chair: Sak

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”

The House agreed to the full title.

Rep. Tobocman 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

House Bill No. 4611, entitled

A bill to authorize a process for retired law enforcement officers to carry concealed firearms in this state; to prescribe certain powers and duties of the department of state police, the commission on law enforcement standards, and certain other state officers and agencies; to impose certain civil and criminal penalties; to impose certain requirements on certain persons issued certificates to carry concealed firearms; to provide for certain civil immunity; to allow for the collection of certain fees; to create certain funds; to provide for the forfeiture of firearms under certain circumstances; and to provide for the promulgation of rules.

The Senate has substituted (S-5) the bill.

The Senate has passed the bill as substituted (S-5) and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (S-5) made to the bill by the Senate,

The substitute (S-5) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1193 Yeas—94

Accavitti Emmons Lahti Pastor

Acciavatti Espinoza LaJoy Pavlov

Agema Farrah Law, David Pearce

Amos Gaffney Law, Kathleen Polidori

Angerer Garfield LeBlanc Proos

Ball Gillard Leland Robertson

Bieda Gonzales Lemmons Rocca

Booher Green Lindberg Sak

Brandenburg Griffin Marleau Schuitmaker

Brown Hammel Mayes Scott

Byrnes Hammon McDowell Shaffer

Byrum Hansen Meadows Sheen

Calley Hildenbrand Meekhof Sheltrown

Casperson Hood Meisner Simpson

Caswell Hoogendyk Melton Smith, Virgil

Caul Hopgood Meltzer Spade

Clack Horn Moolenaar Stahl

Clemente Huizenga Moore Stakoe

Constan Hune Moss Tobocman

Corriveau Jackson Nofs Walker

Coulouris Johnson Opsommer Ward

Dean Jones, Rick Palmer Wenke

Donigan Jones, Robert Palsrok Wojno

Ebli Knollenberg

Nays—6

Bauer Smith, Alma Warren Young

Condino Valentine

In The Chair: Sak

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

______

Rep. Dillon entered the House Chambers.

House Bill No. 4612, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2005 PA 207.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill 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 11b of chapter XVII (MCL 777.11b), as amended by 2008 PA 24.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (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. 1194 Yeas—102

Accavitti Ebli LaJoy Pearce

Acciavatti Emmons Law, David Polidori

Agema Espinoza Law, Kathleen Proos

Amos Farrah LeBlanc Robertson

Angerer Gaffney Leland Rocca

Ball Garfield Lemmons Sak

Bauer Gillard Lindberg Schuitmaker

Bieda Gonzales Marleau Scott

Booher Green Mayes Shaffer

Brandenburg Griffin McDowell Sheen

Brown Hammel Meadows Sheltrown

Byrnes Hammon Meekhof Simpson

Byrum Hansen Meisner Smith, Alma

Calley Hildenbrand Melton Smith, Virgil

Casperson Hood Meltzer Spade

Caswell Hoogendyk Moolenaar Stahl

Caul Hopgood Moore Stakoe

Clack Horn Moss Tobocman

Clemente Huizenga Nitz Valentine

Condino Hune Nofs Walker

Constan Jackson Opsommer Ward

Corriveau Johnson Palmer Warren

Coulouris Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

Dillon Knollenberg Pavlov Young

Donigan Lahti

Nays—0

In The Chair: Sak

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

______

Rep. Tobocman moved that Rep. Melton be excused temporarily from today’s session.

The motion prevailed.

House Bill No. 6627, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20173a (MCL 333.20173a), as amended by 2008 PA 123.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (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. 1195 Yeas—99

Accavitti Donigan Knollenberg Pearce

Acciavatti Ebli LaJoy Polidori

Agema Emmons Law, David Proos

Amos Espinoza Law, Kathleen Robertson

Angerer Farrah LeBlanc Rocca

Ball Gaffney Leland Sak

Bauer Garfield Lemmons Schuitmaker

Bieda Gillard Lindberg Scott

Booher Gonzales Marleau Shaffer

Brandenburg Green Mayes Sheen

Brown Griffin McDowell Simpson

Byrnes Hammel Meadows Smith, Alma

Byrum Hammon Meekhof Smith, Virgil

Calley Hansen Meisner Spade

Casperson Hildenbrand Meltzer Stahl

Caswell Hood Moolenaar Stakoe

Caul Hoogendyk Moore Tobocman

Clack Hopgood Moss Valentine

Clemente Horn Nitz Walker

Condino Huizenga Nofs Ward

Constan Hune Opsommer Warren

Corriveau Jackson Palmer Wenke

Coulouris Johnson Palsrok Wojno

Dean Jones, Rick Pastor Young

Dillon Jones, Robert Pavlov

Nays—2

Lahti Sheltrown

In The Chair: Sak

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5651, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16334 and part 179A.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (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. 1196 Yeas—78

Accavitti Donigan Jones, Robert Polidori

Acciavatti Ebli Lahti Proos

Angerer Emmons LaJoy Sak

Ball Espinoza Law, David Scott

Bauer Farrah Law, Kathleen Shaffer

Bieda Gaffney LeBlanc Sheen

Booher Gillard Leland Sheltrown

Brown Gonzales Lemmons Simpson

Byrnes Griffin Lindberg Smith, Alma

Byrum Hammel Marleau Smith, Virgil

Casperson Hammon Mayes Spade

Caul Hansen McDowell Stakoe

Clack Hildenbrand Meadows Tobocman

Clemente Hood Meisner Valentine

Condino Hopgood Moore Ward

Constan Huizenga Nitz Warren

Corriveau Hune Nofs Wenke

Coulouris Jackson Palsrok Wojno

Dean Johnson Pastor Young

Dillon Jones, Rick

Nays—23

Agema Green Moolenaar Robertson

Amos Hoogendyk Moss Rocca

Brandenburg Horn Opsommer Schuitmaker

Calley Knollenberg Palmer Stahl

Caswell Meekhof Pavlov Walker

Garfield Meltzer Pearce

In The Chair: Sak

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5192, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 3f; and to repeal acts and parts of acts.

The Senate has amended the bill as follows:

1. Amend page 1, line 6, after “ACT” by inserting “NOTWITHSTANDING ANY OTHER PROVISION OR EXEMPTION UNDER THIS ACT”.

The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1197 Yeas—100

Accavitti Ebli Lahti Pavlov

Acciavatti Emmons LaJoy Pearce

Agema Espinoza Law, David Polidori

Amos Farrah Law, Kathleen Proos

Angerer Gaffney LeBlanc Robertson

Ball Garfield Leland Rocca

Bauer Gillard Lemmons Sak

Bieda Gonzales Lindberg Schuitmaker

Booher Green Marleau Scott

Brandenburg Griffin Mayes Shaffer

Brown Hammel McDowell Sheen

Byrnes Hammon Meadows Sheltrown

Byrum Hansen Meekhof Simpson

Calley Hildenbrand Meisner Smith, Alma

Casperson Hood Melton Smith, Virgil

Caswell Hoogendyk Meltzer Spade

Caul Hopgood Moolenaar Stahl

Clack Horn Moore Stakoe

Clemente Huizenga Moss Tobocman

Constan Hune Nitz Valentine

Corriveau Jackson Nofs Walker

Coulouris Johnson Opsommer Ward

Dean Jones, Rick Palmer Warren

Dillon Jones, Robert Palsrok Wenke

Donigan Knollenberg Pastor Young

Nays—0

In The Chair: Sak

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

______

Rep. Tobocman moved that Reps. Virgil Smith and Wojno be excused temporarily from today’s session.

The motion prevailed.

House Bill No. 6307, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16631.

The Senate has amended the bill as follows:

1. Amend page 3, line 3, after “MAINTAIN,” by striking out “AND” and inserting “AMEND, OR”.

The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1198 Yeas—94

Accavitti Donigan LaJoy Pearce

Acciavatti Ebli Law, David Polidori

Amos Emmons Law, Kathleen Proos

Angerer Espinoza LeBlanc Robertson

Ball Farrah Leland Rocca

Bauer Gaffney Lemmons Sak

Bieda Gillard Lindberg Schuitmaker

Booher Gonzales Marleau Scott

Brandenburg Green Mayes Shaffer

Brown Griffin McDowell Sheen

Byrnes Hammel Meadows Sheltrown

Byrum Hammon Meekhof Simpson

Calley Hansen Meisner Smith, Alma

Casperson Hildenbrand Melton Spade

Caswell Hood Meltzer Stahl

Caul Hopgood Moolenaar Stakoe

Clack Horn Moore Tobocman

Clemente Huizenga Moss Valentine

Condino Hune Nitz Walker

Constan Jackson Nofs Ward

Corriveau Johnson Palsrok Warren

Coulouris Jones, Rick Pastor Wenke

Dean Jones, Robert Pavlov Young

Dillon Lahti

Nays—6

Agema Hoogendyk Opsommer Palmer

Garfield Knollenberg

In The Chair: Sak

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

______

Rep. Hansen moved that Reps. Acciavatti, LaJoy and David Law be excused from the balance of today’s session.

The motion prevailed.

Rep. Tobocman moved that Reps. Jackson and Johnson be excused temporarily from today’s session.

The motion prevailed.

House Bill No. 6500, entitled

A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending sections 12d, 13, 19, 20d, 20j, and 20k (MCL 38.1132d, 38.1133, 38.1139, 38.1140d, 38.1140j, and 38.1140k), sections 12d, 19, and 20d as amended by 2000 PA 307, section 13 as amended by 2008 PA 273, and sections 20j and 20k as added by 1996 PA 485, and by adding section 19a; and to repeal acts and parts of acts.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1965 PA 314, entitled “An act to authorize the investment of assets of public employee retirement systems or plans created and established by the state or any political subdivision; to provide for the payment of certain costs and investment expenses; to authorize investment in variable rate interest loans; to define and limit the investments which may be made by an investment fiduciary with the assets of a public employee retirement system; and to prescribe the powers and duties of investment fiduciaries and certain state departments and officers,” by amending sections 12d, 13, 19, and 20d (MCL 38.1132d, 38.1133, 38.1139, and 38.1140d), sections 12d, 19, and 20d as amended by 2000 PA 307 and section 13 as amended by 2008 PA 273, and by adding section 19a.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (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. 1199 Yeas—74

Accavitti Coulouris Lahti Polidori

Angerer Dean Law, Kathleen Proos

Ball Dillon LeBlanc Rocca

Bauer Donigan Leland Sak

Bieda Ebli Lemmons Schuitmaker

Booher Espinoza Lindberg Scott

Brandenburg Farrah Mayes Shaffer

Brown Gaffney McDowell Sheltrown

Byrnes Gillard Meadows Simpson

Byrum Gonzales Meisner Smith, Alma

Calley Griffin Melton Spade

Casperson Hammel Moore Stakoe

Caswell Hammon Moss Tobocman

Caul Hansen Nitz Valentine

Clack Hildenbrand Nofs Ward

Clemente Hood Palmer Warren

Condino Hopgood Palsrok Wenke

Constan Horn Pearce Young

Corriveau Jones, Robert

Nays—21

Agema Huizenga Meekhof Pavlov

Amos Hune Meltzer Robertson

Emmons Jones, Rick Moolenaar Sheen

Garfield Knollenberg Opsommer Stahl

Green Marleau Pastor Walker

Hoogendyk

In The Chair: Sak

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

______

Rep. Tobocman moved that Rep. Meisner be excused temporarily from today’s session.

The motion prevailed.

Rep. Hansen moved that Rep. Nitz be excused temporarily from today’s session.

The motion prevailed.

Rep. Tobocman moved that Rep. Clack be excused temporarily from today’s session.

The motion prevailed.

House Bill No. 6493, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” (MCL 125.1401 to 125.1499c) by adding chapter 3B.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (S-4) made to the bill by the Senate,

The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1200 Yeas—92

Accavitti Donigan Knollenberg Pearce

Agema Ebli Lahti Polidori

Amos Emmons Law, Kathleen Proos

Angerer Espinoza LeBlanc Robertson

Ball Farrah Leland Rocca

Bauer Gaffney Lemmons Sak

Bieda Garfield Lindberg Schuitmaker

Booher Gillard Marleau Scott

Brandenburg Gonzales Mayes Shaffer

Brown Green McDowell Sheen

Byrnes Griffin Meadows Sheltrown

Byrum Hammel Meekhof Simpson

Calley Hammon Melton Smith, Alma

Casperson Hansen Meltzer Spade

Caswell Hildenbrand Moolenaar Stahl

Caul Hood Moore Stakoe

Clemente Hoogendyk Moss Tobocman

Condino Hopgood Nofs Valentine

Constan Horn Opsommer Walker

Corriveau Huizenga Palmer Ward

Coulouris Hune Palsrok Warren

Dean Jones, Rick Pastor Wenke

Dillon Jones, Robert Pavlov Young

Nays—0

In The Chair: Sak

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Second Reading of Bills

Senate Bill No. 1264, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 409 (MCL 208.1409), as amended by 2007 PA 145.

The bill was read a second time.

Rep. Bieda moved to amend the bill as follows:

1. Amend page 1, line 4, after “expenditures” by inserting “IN THIS STATE”.

2. Amend page 2, line 8, after “expenditures” by inserting “IN THIS STATE”.

3. Amend page 2, line 14, after “expenditures” by inserting “IN THIS STATE”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Condino moved to amend the bill as follows:

1. Amend page 2, line 6, after “the” by striking out “2008” and inserting “2009”.

2. Amend page 2, line 11, after “the” by striking out “2009” and inserting “2010”.

3. Amend page 2, line 12, after “after” by striking out “2009” and inserting “2010”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1264, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 409 (MCL 208.1409), as amended by 2007 PA 145.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1201 Yeas—90

Accavitti Dillon Lahti Pearce

Agema Donigan LeBlanc Polidori

Amos Ebli Leland Proos

Angerer Emmons Lemmons Robertson

Ball Espinoza Lindberg Rocca

Bauer Farrah Marleau Sak

Bieda Gaffney Mayes Schuitmaker

Booher Gonzales McDowell Scott

Brandenburg Green Meadows Shaffer

Brown Griffin Meekhof Sheen

Byrnes Hammel Meisner Sheltrown

Byrum Hammon Melton Simpson

Calley Hansen Meltzer Smith, Alma

Casperson Hildenbrand Moolenaar Spade

Caswell Hood Moore Stahl

Caul Hoogendyk Moss Stakoe

Clack Hopgood Nofs Tobocman

Clemente Horn Opsommer Valentine

Condino Huizenga Palmer Ward

Constan Hune Palsrok Warren

Corriveau Jones, Rick Pastor Wenke

Coulouris Jones, Robert Pavlov Young

Dean Knollenberg

Nays—2

Garfield Walker

In The Chair: Sak

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”

The House agreed to the full title.

Rep. Tobocman moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

Senate Bill No. 1066, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 3a and 320d.

(The bill was read a second time, substitute (H-2)* adopted and bill postponed temporarily on December 18, see House Journal No. 94, p. 3143.)

Rep. Meadows moved to amend the bill as follows:

1. Amend page 2, line 16, after “A” by striking out the balance of the line through “500.8302,” on line 18 and inserting “MOVING VIOLATION”.

2. Amend page 6, line 24, after “SECTION” by striking out the comma and inserting a colon and:

“(A)”.

3. Amend page 6, following line 26, by inserting:

“(B) “MOVING VIOLATION” MEANS AN ACT OR OMISSION PROHIBITED UNDER THIS ACT OR A LOCAL ORDINANCE SUBSTANTIALLY CORRESPONDING TO THIS ACT THAT INVOLVES THE OPERATION OF A MOTOR VEHICLE, AND FOR WHICH A FINE MAY BE IMPOSED.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Condino moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1066, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 3a and 320d.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1202 Yeas—79

Accavitti Donigan Jones, Rick Proos

Agema Ebli Jones, Robert Robertson

Amos Emmons Knollenberg Rocca

Angerer Espinoza Law, Kathleen Schuitmaker

Ball Farrah Leland Scott

Bauer Gaffney Lemmons Shaffer

Bieda Garfield Marleau Sheen

Booher Gillard Mayes Sheltrown

Brandenburg Gonzales Meekhof Simpson

Brown Green Meisner Smith, Alma

Byrnes Griffin Melton Stahl

Byrum Hammel Moore Stakoe

Casperson Hammon Moss Tobocman

Caul Hansen Nofs Valentine

Clack Hildenbrand Opsommer Walker

Clemente Hood Palsrok Ward

Condino Hopgood Pastor Warren

Constan Horn Pavlov Wenke

Dean Huizenga Pearce Young

Dillon Hune Polidori

Nays—15

Calley Hoogendyk McDowell Palmer

Caswell Lahti Meadows Sak

Corriveau LeBlanc Meltzer Spade

Coulouris Lindberg Moolenaar

In The Chair: Sak

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”

The House agreed to the full title.

Rep. Tobocman 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

Motions and Resolutions

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Tobocman moved that the Committee on Commerce be discharged from further consideration of Senate Bill No. 146.

The motion prevailed, a majority of the members serving voting therefor.

The bill was placed on the order of Second Reading of Bills.

Second Reading of Bills

Senate Bill No. 146, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending sections 2, 4, 14, and 14a (MCL 207.552, 207.554, 207.564, and 207.564a), section 2 as amended by 2007 PA 146, section 4 as amended by 2004 PA 437, section 14 as amended by 2007 PA 146, and section 14a as amended by 2007 PA 39, and by adding section 17a.

The bill was read a second time.

Rep. Spade moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Spade moved to amend the bill as follows:

1. Amend page 7, following line 26, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 6611 of the 94th Legislature is enacted into law.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Tobocman moved that Reps. Farrah, Hood, Lahti, Leland, Scott, Virgil Smith, Wojno and Young be excused temporarily from today’s session.

The motion prevailed.

Rep. Hansen moved that Reps. Hoogendyk, Palmer and Gaffney be excused from the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 146, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending sections 2, 4, 14, and 14a (MCL 207.552, 207.554, 207.564, and 207.564a), section 2 as amended by 2007 PA 146, section 4 as amended by 2004 PA 437, section 14 as amended by 2007 PA 146, and section 14a as amended by 2007 PA 39, and by adding section 17a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1203 Yeas—71

Accavitti Dean Law, Kathleen Pearce

Amos Dillon LeBlanc Polidori

Angerer Donigan Lindberg Proos

Ball Ebli Marleau Robertson

Bieda Emmons Mayes Rocca

Booher Espinoza McDowell Sak

Brandenburg Gonzales Meadows Shaffer

Brown Green Meekhof Sheen

Calley Griffin Meisner Sheltrown

Casperson Hammel Melton Simpson

Caswell Hammon Meltzer Spade

Caul Hansen Moore Stahl

Clack Hildenbrand Moss Stakoe

Clemente Hopgood Nitz Tobocman

Condino Horn Nofs Valentine

Constan Huizenga Palsrok Ward

Corriveau Jones, Rick Pastor Wenke

Coulouris Knollenberg Pavlov

Nays—13

Agema Gillard Moolenaar Smith, Alma

Bauer Hune Opsommer Walker

Byrnes Jones, Robert Schuitmaker Warren

Byrum

In The Chair: Sak

The question being on agreeing to the title of the bill,

Rep. Tobocman moved to amend the title to read as follows:

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 2 (MCL 207.552), as amended by 2008 PA 170.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Hansen moved that Rep. Garfield be excused from the balance of today’s session.

The motion prevailed.

Rep. Tobocman moved that Rep. Hopgood be excused temporarily from today’s session.

The motion prevailed.

Rep. Tobocman moved to reconsider the vote by which the House passed the bill.

The motion prevailed, 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. 1204 Yeas—57

Accavitti Dillon Knollenberg Pearce

Agema Emmons Lahti Polidori

Ball Espinoza LeBlanc Proos

Bieda Gillard Lemmons Robertson

Brandenburg Gonzales Marleau Rocca

Brown Green McDowell Shaffer

Calley Hammel Meekhof Sheen

Casperson Hansen Meltzer Simpson

Caswell Hildenbrand Moss Smith, Virgil

Caul Horn Nitz Spade

Clack Huizenga Nofs Stahl

Condino Jackson Palsrok Tobocman

Constan Johnson Pastor Valentine

Corriveau Jones, Rick Pavlov Wenke

Dean

Nays—31

Amos Donigan Mayes Schuitmaker

Angerer Ebli Meadows Sheltrown

Bauer Griffin Meisner Smith, Alma

Booher Hammon Melton Stakoe

Byrnes Hune Moolenaar Walker

Byrum Jones, Robert Moore Ward

Clemente Law, Kathleen Opsommer Warren

Coulouris Lindberg Sak

In The Chair: Sak

The question being on agreeing to the title of the bill,

Rep. Tobocman moved to amend the title to read as follows:

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 2 (MCL 207.552), as amended by 2008 PA 170.

The motion prevailed.

The House agreed to the title as amended.

Rep. Tobocman 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

Motions and Resolutions

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Tobocman moved that the Committee on Education be discharged from further consideration of Senate Bill No. 861.

The motion prevailed, a majority of the members serving voting therefor.

The bill was placed on the order of Second Reading of Bills.

Second Reading of Bills

Senate Bill No. 861, entitled

A bill to authorize the creation of promise zones and implementation of promise zone development plans; to provide for the creation of promise zone authorities; to prescribe the powers and duties of promise zone authorities; to provide for the capture and disbursement of certain tax revenue; to prescribe powers and duties of certain state and local officials; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Melton 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. Melton moved to amend the bill as follows:

1. Amend page 4, line 2, after “than” by striking out “5” and inserting “3”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Melton moved to amend the bill as follows:

1. Amend page 13, line 8, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5375 of the 94th Legislature is enacted into law.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Melton moved to amend the bill as follows:

1. Amend page 6, line 1, after “tuition” by inserting “necessary to obtain a bachelor’s degree”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Tobocman moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 861, entitled

A bill to authorize the creation of promise zones and implementation of promise zone development plans; to provide for the creation of promise zone authorities; to prescribe the powers and duties of promise zone authorities; to provide for the capture and disbursement of certain tax revenue; to prescribe powers and duties of certain state and local officials; and to repeal acts and parts of acts.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Tobocman moved that consideration of the bill be postponed temporarily.

The motion prevailed.

______

Rep. Tobocman moved that Rep. Melton be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5089, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2005 PA 4.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (S-3) made to the bill by the Senate,

The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1205 Yeas—93

Accavitti Donigan Lahti Polidori

Agema Ebli Law, Kathleen Proos

Amos Emmons LeBlanc Robertson

Angerer Espinoza Leland Rocca

Ball Farrah Lemmons Sak

Bauer Gillard Lindberg Schuitmaker

Bieda Gonzales Marleau Scott

Booher Green Mayes Shaffer

Brandenburg Griffin McDowell Sheen

Brown Hammel Meadows Sheltrown

Byrnes Hammon Meekhof Simpson

Byrum Hansen Meisner Smith, Alma

Calley Hildenbrand Meltzer Smith, Virgil

Casperson Hood Moolenaar Spade

Caswell Hopgood Moore Stahl

Caul Horn Moss Stakoe

Clack Huizenga Nitz Tobocman

Clemente Hune Nofs Valentine

Condino Jackson Opsommer Walker

Constan Johnson Palsrok Ward

Corriveau Jones, Rick Pastor Warren

Coulouris Jones, Robert Pavlov Wenke

Dean Knollenberg Pearce Young

Dillon

Nays—0

In The Chair: Sak

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 6092, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 422a.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (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. 1206 Yeas—92

Accavitti Dillon Lahti Pearce

Agema Donigan Law, Kathleen Polidori

Amos Ebli LeBlanc Proos

Angerer Emmons Leland Robertson

Ball Espinoza Lemmons Rocca

Bauer Farrah Lindberg Sak

Bieda Gillard Marleau Schuitmaker

Booher Gonzales Mayes Scott

Brandenburg Green McDowell Shaffer

Brown Griffin Meadows Sheen

Byrnes Hammel Meekhof Sheltrown

Byrum Hammon Meisner Simpson

Calley Hansen Melton Smith, Alma

Casperson Hildenbrand Meltzer Spade

Caswell Hopgood Moolenaar Stahl

Caul Horn Moore Stakoe

Clack Huizenga Moss Tobocman

Clemente Hune Nitz Valentine

Condino Jackson Nofs Walker

Constan Johnson Opsommer Ward

Corriveau Jones, Rick Palsrok Warren

Coulouris Jones, Robert Pastor Wenke

Dean Knollenberg Pavlov Young

Nays—0

In The Chair: Sak

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 6611, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 434.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (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. 1207 Yeas—94

Accavitti Donigan Law, Kathleen Polidori

Agema Ebli LeBlanc Proos

Amos Emmons Leland Robertson

Angerer Espinoza Lemmons Rocca

Ball Farrah Lindberg Sak

Bauer Gillard Marleau Schuitmaker

Bieda Gonzales Mayes Scott

Booher Green McDowell Shaffer

Brandenburg Griffin Meadows Sheen

Brown Hammel Meekhof Sheltrown

Byrnes Hammon Meisner Simpson

Byrum Hansen Melton Smith, Alma

Calley Hildenbrand Meltzer Smith, Virgil

Casperson Hood Moolenaar Spade

Caswell Hopgood Moore Stahl

Caul Horn Moss Stakoe

Clack Huizenga Nitz Tobocman

Clemente Hune Nofs Valentine

Condino Jackson Opsommer Walker

Constan Johnson Palsrok Ward

Corriveau Jones, Rick Pastor Warren

Coulouris Jones, Robert Pavlov Wenke

Dean Knollenberg Pearce Young

Dillon Lahti

Nays—0

In The Chair: Sak

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Senate Bill No. 158, entitled

A bill to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 136b (MCL 750.136b), as amended by 1999 PA 273.

The Senate has amended the House substitute (H-1) as follows:

1. Amend page 1, line 7, after “provide” by striking out “the”.

2. Amend page 1, line 8, after the second “or” by striking out “the”.

3. Amend page 2, line 4, after “injury” by striking out the balance of the subdivision and inserting “to a child that seriously impairs the child’s health or physical well-being, including , but not limited to, brain damage, a skull or bone fracture, subdural hemorrhage or hematoma, dislocation, sprain, internal injury, poisoning, burn or scald, or severe cut.”.

4. Amend page 3, line 5, by striking out “EITHER” and inserting “ANY”.

5. Amend page 3, line 5, after “FOLLOWING” by striking out “APPLIES” and inserting “APPLY”.

6. Amend page 3, line 9, after “CIRCUMSTANCES” by striking out “CREATES” and inserting “POSES”.

7. Amend page 3, line 9, after “HARM” by inserting “OR INJURY”.

8. Amend page 3, line 14, after “if” by striking out “EITHER” and inserting “ANY”.

9. Amend page 3, line 14, after “FOLLOWING” by striking out “APPLIES” and inserting “APPLY”.

10. Amend page 3, line 18, after “CIRCUMSTANCES” by striking out “CREATES” and inserting “POSES”.

11. Amend page 3, line 18, after “HARM” by inserting “OR INJURY”.

12. Amend page 4, following line 6, by striking out all of subsection (11).

The Senate has concurred in the House substitute (H-1) as amended, ordered that the bill be given immediate effect and agreed to the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendments to the House substitute (H-1) made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1208 Yeas—90

Accavitti Donigan LeBlanc Polidori

Amos Ebli Leland Proos

Angerer Emmons Lemmons Robertson

Ball Espinoza Lindberg Rocca

Bauer Farrah Marleau Sak

Bieda Gillard Mayes Schuitmaker

Booher Gonzales McDowell Scott

Brandenburg Griffin Meadows Shaffer

Brown Hammel Meekhof Sheltrown

Byrnes Hammon Meisner Simpson

Byrum Hansen Melton Smith, Alma

Calley Hildenbrand Meltzer Smith, Virgil

Casperson Hood Moolenaar Spade

Caswell Hopgood Moore Stahl

Caul Horn Moss Stakoe

Clack Huizenga Nitz Tobocman

Clemente Hune Nofs Valentine

Condino Jackson Opsommer Walker

Constan Johnson Palsrok Ward

Corriveau Jones, Rick Pastor Warren

Coulouris Jones, Robert Pavlov Wenke

Dean Knollenberg Pearce Young

Dillon Law, Kathleen

Nays—4

Agema Green Lahti Sheen

In The Chair: Sak

Senate Bill No. 1175, entitled

A bill 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,” by amending section 88d (MCL 125.2088d), as amended by 2008 PA 223 and by adding section 88r.

The Senate has substituted (S-2) the House substitute (H-1).

The Senate has concurred in the House substitute (H-1) as substituted (S-2), ordered that the bill be given immediate effect, agreed to the full title and amended the title to read as follows:

A bill 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,” by amending section 88d (MCL 125.2088d), as amended by 2008 PA 223.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 be suspended.