No. 107

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

House Chamber, Lansing, Thursday, December 10, 2009.

10:00 a.m.

The House was called to order by Associate Speaker Pro Tempore Espinoza.

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

Agema—present Durhal—present Lahti—present Proos—present

Amash—present Ebli—present LeBlanc—present Roberts—present

Angerer—present Elsenheimer—present Leland—present Rocca—present

Ball—present Espinoza—present Lemmons—present Rogers—present

Barnett—present Geiss—present Lindberg—present Schmidt, R.—present

Bauer—present Genetski—present Lipton—present Schmidt, W.—present

Bennett—excused Gonzales—present Liss—present Schuitmaker—present

Bledsoe—present Green—present Lori—present Scott, B.—present

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 Simpson—excused

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—present Stamas—present

Corriveau—present Huckleberry—present Moore—present Stanley—present

Coulouris—present Jackson—present Moss—present Switalski—present

Crawford—present Johnson—present Nathan—present Tlaib—present

Cushingberry—present Jones, Rick—present Nerat—present Tyler—present

Daley—present Jones, Robert—present Neumann—present Valentine—present

Dean—present Kandrevas—present Opsommer—present Walsh—present

Denby—present Kennedy—present Pavlov—present Warren—present

DeShazor—present Knollenberg—present Pearce—present Womack—present

Dillon—present Kowall—present Polidori—present Young—present

Donigan—present Kurtz—present

e/d/s = entered during session

Rep. Fred Durhal, Jr., from the 6th District, offered the following invocation:

“Lord Jesus Christ: Today we come to You and ask that You bless the Michigan legislature, it’s fine staff and our citizens. We humbly ask for Your guidance, we ask for wisdom. We ask for Your intercession in our works today so that we really do the peoples’ will and do it with love, compassion and care. We ask the Lord to protect and care for our troops at home and abroad; bless our children and our seniors and keep us safe. We ask these blessings in the name of our Lord Jesus Christ. Amen.”

______

Rep. Angerer moved that Reps. Bennett and Simpson be excused from today’s session.

The motion prevailed.

______

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

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4787, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 5, 507, and 1701a (MCL 380.5, 380.507, and 380.1701a), section 5 as amended by 2005 PA 61, section 507 as amended by 1995 PA 289, and section 1701a as amended by 2008 PA 1, and by adding sections 1280c and 1320 and part 6d.

(The bill was received from the Senate on December 9, with substitute (S-4) and title amendment, consideration of which, under the rules, was postponed until today, see House Journal No. 106, p. 2443.)

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

The substitute (S-4) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 603 Yeas—0

Nays—108

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Genetski Lindberg Schmidt, R.

Bledsoe Gonzales Lipton Schmidt, W.

Bolger Green Liss Schuitmaker

Booher Gregory Lori Scott, B.

Brown, L. Griffin Lund Scott, P.

Brown, T. Haase Marleau Scripps

Byrnes Haines Mayes Segal

Byrum Hammel McDowell Sheltrown

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Haveman Meekhof Smith

Constan Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Miller Stanley

Crawford Jackson Moore Switalski

Cushingberry Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Nerat Valentine

Denby Kandrevas Neumann Walsh

DeShazor Kennedy Opsommer Warren

Dillon Knollenberg Pavlov Womack

Donigan Kowall Pearce Young

In The Chair: Espinoza

The Speaker laid before the House

House Bill No. 4788, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 15 (MCL 423.215), as amended by 1994 PA 112.

(The bill was received from the Senate on December 9, with substitute (S-4), consideration of which, under the rules, was postponed until today, see House Journal No. 106, p. 2443.)

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

The substitute (S-4) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 604 Yeas—0

Nays—108

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Genetski Lindberg Schmidt, R.

Bledsoe Gonzales Lipton Schmidt, W.

Bolger Green Liss Schuitmaker

Booher Gregory Lori Scott, B.

Brown, L. Griffin Lund Scott, P.

Brown, T. Haase Marleau Scripps

Byrnes Haines Mayes Segal

Byrum Hammel McDowell Sheltrown

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Haveman Meekhof Smith

Constan Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Miller Stanley

Crawford Jackson Moore Switalski

Cushingberry Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Nerat Valentine

Denby Kandrevas Neumann Walsh

DeShazor Kennedy Opsommer Warren

Dillon Knollenberg Pavlov Womack

Donigan Kowall Pearce Young

In The Chair: Espinoza

The Speaker laid before the House

House Bill No. 5298, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1148 (MCL 380.1148).

(The bill was received from the Senate on December 9, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 106, p. 2444.)

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. 605 Yeas—108

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Genetski Lindberg Schmidt, R.

Bledsoe Gonzales Lipton Schmidt, W.

Bolger Green Liss Schuitmaker

Booher Gregory Lori Scott, B.

Brown, L. Griffin Lund Scott, P.

Brown, T. Haase Marleau Scripps

Byrnes Haines Mayes Segal

Byrum Hammel McDowell Sheltrown

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Haveman Meekhof Smith

Constan Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Miller Stanley

Crawford Jackson Moore Switalski

Cushingberry Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Nerat Valentine

Denby Kandrevas Neumann Walsh

DeShazor Kennedy Opsommer Warren

Dillon Knollenberg Pavlov Womack

Donigan Kowall Pearce Young

Nays—0

In The Chair: Espinoza

The House agreed to the full title.

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

Rep. Angerer moved that Rep. Dillon be excused temporarily from today’s session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 5299, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2009 PA 73.

(The bill was received from the Senate on December 9, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 106, p. 2444.)

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. 606 Yeas—107

Agema Ebli Lahti Proos

Amash Elsenheimer LeBlanc Roberts

Angerer Espinoza Leland Rocca

Ball Geiss Lemmons Rogers

Barnett Genetski Lindberg Schmidt, R.

Bauer Gonzales Lipton Schmidt, W.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scott, B.

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen McMillin Slavens

Calley Haugh Meadows Slezak

Caul Haveman Meekhof Smith

Clemente Hildenbrand Melton Spade

Constan Horn Meltzer Stamas

Corriveau Huckleberry Miller Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Donigan Kowall Pearce Young

Durhal Kurtz Polidori

Nays—0

In The Chair: Espinoza

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

House Bill No. 5404, entitled

A bill 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.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Spade moved to amend the bill as follows:

1. Amend page 6, following line 17, by inserting:

“DEPARTMENT OF HUMAN SERVICES

Sec. 301. From the funds appropriated to the department of human services for indigent burial in 2009 PA 129, the department of human services may work with funeral directors to establish a regional or statewide pilot program that would include the following elements. The department’s pilot project shall provide funding only for the direct cremation of bodies of indigent persons that are not claimed by a person having the right to control the disposition of the body. The department may select through competitive bidding funeral directors in each county or region of the state to supervise the disposition of the unclaimed bodies. Until contracts based upon such competitive bidding are entered into, the payment to a funeral director for these services shall be $800.00 plus mileage reimbursement for transportation costs at the standard rate established by the department of management and budget for travel reimbursement for non-state vehicles plus the cost of the cremation permit. The department may deviate from the payment limits established in section 613(1) of 2009 PA 129 in making payments under the pilot program. The department shall forward a copy of the pilot program to the senate and house of representatives appropriations subcommittees on human services.”.

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

Rep. Durhal moved to amend the bill as follows:

1. Amend page 6, following line 17, by inserting:

“DEPARTMENT OF STATE

Sec. 401. It is the intent of the legislature that each secretary of state branch office in the state have a handicap-accessible bathroom available for public use.”.

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

Rep. Cushingberry 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 of

Third Reading of Bills

House Bill No. 5404, entitled

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

Roll Call No. 607 Yeas—102

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Gonzales Lindberg Schmidt, R.

Bledsoe Green Lipton Schmidt, W.

Bolger Gregory Liss Schuitmaker

Booher Griffin Lori Scott, B.

Brown, L. Haase Lund Scott, P.

Brown, T. Haines Marleau Scripps

Byrnes Hammel Mayes Segal

Byrum Hansen McDowell Sheltrown

Calley Haugh Meadows Slavens

Caul Haveman Melton Slezak

Clemente Hildenbrand Meltzer Smith

Constan Horn Miller Spade

Corriveau Huckleberry Moore Stamas

Coulouris Jackson Moss Stanley

Crawford Johnson Nathan Switalski

Cushingberry Jones, Rick Nerat Tlaib

Daley Jones, Robert Neumann Tyler

Dean Kandrevas Opsommer Valentine

Denby Kennedy Pavlov Walsh

DeShazor Knollenberg Pearce Warren

Donigan Kowall Polidori Womack

Durhal Kurtz Proos Young

Ebli Lahti

Nays—5

Agema Genetski McMillin Meekhof

Amash

In The Chair: Espinoza

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.

______

Rep. Genetski, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted against House Bill 5404 because this bill has been changed and had additional spending initiatives added since it passed through the appropriations committee. I would appreciate the opportunity to have asked questions and debated the additions.

Respectfully-

Bob Genetski”

Rep. Agema, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

This bill was passed out of appropriations but additional expense was added for more mandates by the state concerning the Secretary of State, mandates for indigent burial and animal welfare funding. It seems it’s difficult to get a clean bill voted on in the House without more mandates added after the committee hearings. While it’s difficult to vote against taking ARRA money, this is exactly how additional pork is added to bills at the last minute. This should have been vetted in committee.”

Second Reading of Bills

House Bill No. 5329, entitled

A bill to authorize the state administrative board to accept and convey certain real property in Calhoun county; to prescribe certain conditions for the acceptance and conveyance; and to provide for disposition of the revenue derived from the conveyance.

The bill was read a second time.

Rep. Segal 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 of

Third Reading of Bills

House Bill No. 5329, entitled

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

Roll Call No. 608 Yeas—107

Agema Ebli Lahti Proos

Amash Elsenheimer LeBlanc Roberts

Angerer Espinoza Leland Rocca

Ball Geiss Lemmons Rogers

Barnett Genetski Lindberg Schmidt, R.

Bauer Gonzales Lipton Schmidt, W.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scott, B.

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen McMillin Slavens

Calley Haugh Meadows Slezak

Caul Haveman Meekhof Smith

Clemente Hildenbrand Melton Spade

Constan Horn Meltzer Stamas

Corriveau Huckleberry Miller Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Donigan Kowall Pearce Young

Durhal Kurtz Polidori

Nays—0

In The Chair: Espinoza

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.

Second Reading of Bills

House Bill No. 5621, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 53b (MCL 211.53b), as amended by 2008 PA 122.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Ebli 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 of

Third Reading of Bills

House Bill No. 5621, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 53b (MCL 211.53b), as amended by 2008 PA 122.

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

Roll Call No. 609 Yeas—108

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Genetski Lindberg Schmidt, R.

Bledsoe Gonzales Lipton Schmidt, W.

Bolger Green Liss Schuitmaker

Booher Gregory Lori Scott, B.

Brown, L. Griffin Lund Scott, P.

Brown, T. Haase Marleau Scripps

Byrnes Haines Mayes Segal

Byrum Hammel McDowell Sheltrown

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Haveman Meekhof Smith

Constan Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Miller Stanley

Crawford Jackson Moore Switalski

Cushingberry Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Nerat Valentine

Denby Kandrevas Neumann Walsh

DeShazor Kennedy Opsommer Warren

Dillon Knollenberg Pavlov Womack

Donigan Kowall Pearce Young

Nays—0

In The Chair: Espinoza

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.

Second Reading of Bills

House Bill No. 5593, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16315 and 16327 (MCL 333.16315 and 333.16327), section 16315 as amended by 2007 PA 166 and section 16327 as added by 1993 PA 80.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Smith 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 of

Third Reading of Bills

House Bill No. 5593, entitled

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

Roll Call No. 610 Yeas—58

Ball Durhal Leland Rogers

Barnett Ebli Lemmons Schmidt, R.

Bauer Espinoza Lindberg Scott, B.

Bledsoe Geiss Lipton Segal

Brown, T. Gonzales Liss Slezak

Byrnes Gregory Lori Smith

Byrum Hammel Mayes Spade

Clemente Haugh McDowell Stanley

Constan Jackson Meadows Switalski

Corriveau Johnson Melton Tlaib

Coulouris Jones, Robert Miller Valentine

Cushingberry Kandrevas Nathan Warren

Dean Kennedy Polidori Womack

Dillon Lahti Proos Young

Donigan LeBlanc

Nays—50

Agema Genetski Kurtz Pearce

Amash Green Lund Roberts

Angerer Griffin Marleau Rocca

Bolger Haase McMillin Schmidt, W.

Booher Haines Meekhof Schuitmaker

Brown, L. Hansen Meltzer Scott, P.

Calley Haveman Moore Scripps

Caul Hildenbrand Moss Sheltrown

Crawford Horn Nerat Slavens

Daley Huckleberry Neumann Stamas

Denby Jones, Rick Opsommer Tyler

DeShazor Knollenberg Pavlov Walsh

Elsenheimer Kowall

In The Chair: Espinoza

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.

Second Reading of Bills

House Bill No. 5626, entitled

A bill to amend 1981 PA 80, entitled “Fiscal stabilization act,” by amending sections 4 and 9 (MCL 141.1004 and 141.1009), section 4 as amended by 2002 PA 444 and section 9 as amended by 1987 PA 279.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Appropriations,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Durhal moved to amend the bill as follows:

1. Amend page 8, line 13, after “SUBSECTION” by inserting “AND MADE PAYABLE FROM DISTRIBUTABLE AID IN THE RESOLUTION AUTHORIZING THOSE BONDS OR OBLIGATIONS”.

2. Amend page 8, line 15, after “BY” by striking out the balance of the line through “NOTES,” on line 17.

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

Rep. Durhal moved to amend the bill as follows:

1. Amend page 9, line 2, after the second “2010,” by striking out “AND”.

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

Rep. Cushingberry 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 of

Third Reading of Bills

House Bill No. 5626, entitled

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

Roll Call No. 611 Yeas—75

Angerer Elsenheimer LeBlanc Schuitmaker

Barnett Espinoza Leland Scott, B.

Bauer Geiss Lemmons Scripps

Bledsoe Genetski Lindberg Segal

Brown, L. Gonzales Lipton Sheltrown

Brown, T. Gregory Liss Slavens

Byrnes Haase Mayes Slezak

Byrum Hammel McDowell Smith

Clemente Hansen Meadows Spade

Constan Haugh Melton Stamas

Corriveau Hildenbrand Miller Stanley

Coulouris Horn Nathan Switalski

Crawford Huckleberry Nerat Tlaib

Cushingberry Jackson Neumann Valentine

Dean Johnson Polidori Walsh

Dillon Jones, Robert Roberts Warren

Donigan Kandrevas Rocca Womack

Durhal Kennedy Schmidt, R. Young

Ebli Lahti Schmidt, W.

Nays—33

Agema DeShazor Kurtz Moss

Amash Green Lori Opsommer

Ball Griffin Lund Pavlov

Bolger Haines Marleau Pearce

Booher Haveman McMillin Proos

Calley Jones, Rick Meekhof Rogers

Caul Knollenberg Meltzer Scott, P.

Daley Kowall Moore Tyler

Denby

In The Chair: Espinoza

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 1981 PA 80, entitled “Fiscal stabilization act,” by amending the title and sections 3, 4, 8, and 9 (MCL 141.1003, 141.1004, 141.1008, and 141.1009), the title and sections 3, 8, and 9 as amended by 1987 PA 279 and section 4 as amended by 2002 PA 444.

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.

Second Reading of Bills

House Bill No. 5645, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2150, 2151, 2154, and 51106 (MCL 324.2150, 324.2151, 324.2154, and 324.51106), section 2150 as amended by 1996 PA 585, section 2151 as added by 1995 PA 60, section 2154 as amended by 2004 PA 513, and section 51106 as amended by 2006 PA 382.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Appropriations (for amendment, see House Journal No. 106, p. 2441),

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

Rep. Durhal moved to amend the bill as follows:

1. Amend page 3, line 2, after “fund.” by inserting “FOR THE 2010 STATE FISCAL YEAR ONLY,”.

2. Amend page 6, line 5, after “(3)” by inserting “FOR THE 2010 STATE FISCAL YEAR ONLY,”.

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

Rep. Durhal 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 of

Third Reading of Bills

House Bill No. 5645, entitled

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

Roll Call No. 612 Yeas—104

Angerer Ebli Kurtz Polidori

Ball Elsenheimer Lahti Proos

Barnett Espinoza LeBlanc Roberts

Bauer Geiss Leland Rocca

Bledsoe Genetski Lemmons Rogers

Bolger Gonzales Lindberg Schmidt, R.

Booher Green Lipton Schmidt, W.

Brown, L. Gregory Liss Schuitmaker

Brown, T. Griffin Lori Scott, B.

Byrnes Haase Lund Scott, P.

Byrum Haines Marleau Scripps

Calley Hammel Mayes Segal

Caul Hansen McDowell Sheltrown

Clemente Haugh Meadows Slavens

Constan Haveman Meekhof Slezak

Corriveau Hildenbrand Melton Smith

Coulouris Horn Meltzer Spade

Crawford Huckleberry Miller Stamas

Cushingberry Jackson Moore Stanley

Daley Johnson Moss Switalski

Dean Jones, Rick Nathan Tlaib

Denby Jones, Robert Nerat Tyler

DeShazor Kandrevas Neumann Valentine

Dillon Kennedy Opsommer Walsh

Donigan Knollenberg Pavlov Warren

Durhal Kowall Pearce Womack

Nays—4

Agema Amash McMillin Young

In The Chair: Espinoza

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.

Second Reading of Bills

House Bill No. 5346, entitled

A bill to encourage the creation of next Michigan development corporations by interlocal agreement and to prescribe their powers and duties; to foster economic opportunities in this state and prevent conditions of unemployment and underemployment and to promote economic growth; to provide for the designation of next Michigan development districts and next Michigan development businesses; and to prescribe the powers and duties of certain state and local departments, entities, and officials.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Byrnes 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. Opsommer moved to amend the bill as follows:

1. Amend page 9, line 13, after “business.” by inserting “This subsection does not apply to tax exemptions from ad valorem taxes or specific taxes.”.

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

Rep. McMillin moved to amend the bill as follows:

1. Amend page 11, following line 1, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 945 of the 95th Legislature is enacted into law.”.

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

Rep. Geiss 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 of

Third Reading of Bills

House Bill No. 5346, entitled

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

Roll Call No. 613 Yeas—87

Angerer Ebli Leland Rocca

Ball Elsenheimer Lemmons Schmidt, R.

Barnett Espinoza Lindberg Schmidt, W.

Bauer Geiss Lipton Scott, B.

Bledsoe Gonzales Liss Scripps

Booher Gregory Lori Segal

Brown, L. Griffin Mayes Sheltrown

Brown, T. Haase McDowell Slavens

Byrnes Hammel Meadows Slezak

Byrum Hansen Melton Smith

Calley Haugh Meltzer Spade

Clemente Hildenbrand Miller Stamas

Constan Horn Moore Stanley

Corriveau Huckleberry Nathan Switalski

Coulouris Jackson Nerat Tlaib

Cushingberry Johnson Neumann Tyler

Dean Jones, Robert Opsommer Valentine

Denby Kandrevas Pavlov Walsh

DeShazor Kennedy Pearce Warren

Dillon Kurtz Polidori Womack

Donigan Lahti Proos Young

Durhal LeBlanc Roberts

Nays—21

Agema Genetski Knollenberg Meekhof

Amash Green Kowall Moss

Bolger Haines Lund Rogers

Caul Haveman Marleau Schuitmaker

Crawford Jones, Rick McMillin Scott, P.

Daley

In The Chair: Espinoza

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.

Second Reading of Bills

House Bill No. 5347, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2, 3, 4, 5, and 12 (MCL 125.2152, 125.2153, 125.2154, 125.2155, and 125.2162), section 2 as amended by 2007 PA 200, sections 3 and 12 as amended by 2000 PA 248, and section 4 as amended by 2005 PA 15, and by adding section 12c.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Byrnes 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 37, following line 16, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 945 of the 95th Legislature is enacted into law.”.

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

Rep. Byrnes 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 of

Third Reading of Bills

House Bill No. 5347, entitled

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

Roll Call No. 614 Yeas—84

Angerer Elsenheimer Leland Rocca

Ball Espinoza Lemmons Schmidt, R.

Bauer Geiss Lindberg Schmidt, W.

Bledsoe Gonzales Lipton Scott, B.

Booher Gregory Liss Scripps

Brown, T. Griffin Lori Segal

Byrnes Haase Mayes Sheltrown

Byrum Hammel McDowell Slavens

Calley Hansen Meadows Slezak

Clemente Haugh Meltzer Smith

Constan Hildenbrand Miller Spade

Corriveau Horn Moore Stamas

Coulouris Huckleberry Nathan Stanley

Cushingberry Jackson Nerat Switalski

Dean Johnson Neumann Tlaib

Denby Jones, Robert Opsommer Tyler

DeShazor Kandrevas Pavlov Valentine

Dillon Kennedy Pearce Walsh

Donigan Kurtz Polidori Warren

Durhal Lahti Proos Womack

Ebli LeBlanc Roberts Young

Nays—24

Agema Crawford Jones, Rick Meekhof

Amash Daley Knollenberg Melton

Barnett Genetski Kowall Moss

Bolger Green Lund Rogers

Brown, L. Haines Marleau Schuitmaker

Caul Haveman McMillin Scott, P.

In The Chair: Espinoza

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

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

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.

Second Reading of Bills

House Bill No. 5348, 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 and 4 (MCL 207.552 and 207.554), section 2 as amended by 2008 PA 581 and section 4 as amended by 2004 PA 437.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Byrnes 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 8, following line 23, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 945 of the 95th Legislature is enacted into law.”.

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

Rep. Kandrevas 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 of

Third Reading of Bills

House Bill No. 5348, entitled

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

Roll Call No. 615 Yeas—87

Angerer Ebli Leland Rocca

Ball Elsenheimer Lemmons Schmidt, R.

Barnett Espinoza Lindberg Schmidt, W.

Bauer Geiss Lipton Scott, B.

Bledsoe Gonzales Liss Scripps

Booher Gregory Lori Segal

Brown, L. Griffin Mayes Sheltrown

Brown, T. Haase McDowell Slavens

Byrnes Hammel Meadows Slezak

Byrum Hansen Melton Smith

Calley Haugh Meltzer Spade

Clemente Hildenbrand Miller Stamas

Constan Horn Moore Stanley

Corriveau Huckleberry Nathan Switalski

Coulouris Jackson Nerat Tlaib

Cushingberry Johnson Neumann Tyler

Dean Jones, Robert Opsommer Valentine

Denby Kandrevas Pavlov Walsh

DeShazor Kennedy Pearce Warren

Dillon Kurtz Polidori Womack

Donigan Lahti Proos Young

Durhal LeBlanc Roberts

Nays—21

Agema Genetski Knollenberg Meekhof

Amash Green Kowall Moss

Bolger Haines Lund Rogers

Caul Haveman Marleau Schuitmaker

Crawford Jones, Rick McMillin Scott, P.

Daley

In The Chair: Espinoza

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 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 and 22 (MCL 207.552 and 207.572), section 2 as amended by 2008 PA 581 and section 22 as amended by 1994 PA 266.

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.

Second Reading of Bills

House Bill No. 5349, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 3 and 10 (MCL 125.2683 and 125.2690), section 3 as amended by 2008 PA 217 and section 10 as amended by 2008 PA 242, and by adding section 8g.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Byrnes 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 15, following line 20, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 945 of the 95th Legislature is enacted into law.”.

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

Rep. Walsh 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 of

Third Reading of Bills

House Bill No. 5349, entitled

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

Roll Call No. 616 Yeas—85

Angerer Espinoza Lemmons Rocca

Ball Geiss Lindberg Schmidt, R.

Bauer Gonzales Lipton Schmidt, W.

Bledsoe Gregory Liss Scott, B.

Booher Griffin Lori Scripps

Brown, T. Haase Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen Meadows Slavens

Calley Haugh Melton Slezak

Clemente Hildenbrand Meltzer Smith

Constan Horn Miller Spade

Corriveau Huckleberry Moore Stamas

Coulouris Jackson Nathan Stanley

Cushingberry Johnson Nerat Switalski

Dean Jones, Robert Neumann Tlaib

Denby Kandrevas Opsommer Tyler

DeShazor Kennedy Pavlov Valentine

Dillon Kurtz Pearce Walsh

Donigan Lahti Polidori Warren

Durhal LeBlanc Proos Womack

Ebli Leland Roberts Young

Elsenheimer

Nays—23

Agema Crawford Jones, Rick Meekhof

Amash Daley Knollenberg Moss

Barnett Genetski Kowall Rogers

Bolger Green Lund Schuitmaker

Brown, L. Haines Marleau Scott, P.

Caul Haveman McMillin

In The Chair: Espinoza

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.

Second Reading of Bills

House Bill No. 5350, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2008 PA 573.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Byrnes 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. Corriveau 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 of

Third Reading of Bills

House Bill No. 5350, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2008 PA 573.

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

Roll Call No. 617 Yeas—87

Angerer Ebli Leland Rocca

Ball Elsenheimer Lemmons Schmidt, R.

Barnett Espinoza Lindberg Schmidt, W.

Bauer Geiss Lipton Scott, B.

Bledsoe Gonzales Liss Scripps

Booher Gregory Lori Segal

Brown, L. Griffin Mayes Sheltrown

Brown, T. Haase McDowell Slavens

Byrnes Hammel Meadows Slezak

Byrum Hansen Melton Smith

Calley Haugh Meltzer Spade

Clemente Hildenbrand Miller Stamas

Constan Horn Moore Stanley

Corriveau Huckleberry Nathan Switalski

Coulouris Jackson Nerat Tlaib

Cushingberry Johnson Neumann Tyler

Dean Jones, Robert Opsommer Valentine

Denby Kandrevas Pavlov Walsh

DeShazor Kennedy Pearce Warren

Dillon Kurtz Polidori Womack

Donigan Lahti Proos Young

Durhal LeBlanc Roberts

Nays—21

Agema Genetski Knollenberg Meekhof

Amash Green Kowall Moss

Bolger Haines Lund Rogers

Caul Haveman Marleau Schuitmaker

Crawford Jones, Rick McMillin Scott, P.

Daley

In The Chair: Espinoza

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.

Second Reading of Bills

House Bill No. 5351, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 3 (MCL 207.803), as amended by 2008 PA 257.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation,

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 12, following line 7, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 945 of the 95th Legislature is enacted into law.”.

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

Rep. Johnson 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 of

Third Reading of Bills

House Bill No. 5351, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 3 (MCL 207.803), as amended by 2008 PA 257.

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

Roll Call No. 618 Yeas—87

Angerer Ebli Leland Rocca

Ball Elsenheimer Lemmons Schmidt, R.

Barnett Espinoza Lindberg Schmidt, W.

Bauer Geiss Lipton Scott, B.

Bledsoe Gonzales Liss Scripps

Booher Gregory Lori Segal

Brown, L. Griffin Mayes Sheltrown

Brown, T. Haase McDowell Slavens

Byrnes Hammel Meadows Slezak

Byrum Hansen Melton Smith

Calley Haugh Meltzer Spade

Clemente Hildenbrand Miller Stamas

Constan Horn Moore Stanley

Corriveau Huckleberry Nathan Switalski

Coulouris Jackson Nerat Tlaib

Cushingberry Johnson Neumann Tyler

Dean Jones, Robert Opsommer Valentine

Denby Kandrevas Pavlov Walsh

DeShazor Kennedy Pearce Warren

Dillon Kurtz Polidori Womack

Donigan Lahti Proos Young

Durhal LeBlanc Roberts

Nays—21

Agema Genetski Knollenberg Meekhof

Amash Green Kowall Moss

Bolger Haines Lund Rogers

Caul Haveman Marleau Schuitmaker

Crawford Jones, Rick McMillin Scott, P.

Daley

In The Chair: Espinoza

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.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4377, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending the heading of part 129 and sections 12601, 12603, 12611, 12613, 12614, and 12905 (MCL 333.12601, 333.12603, 333.12611, 333.12613, 333.12614, and 333.12905), sections 12601 and 12613 as amended by 1988 PA 315, sections 12603 and 12611 as amended by 1993 PA 217, section 12614 as added by 1988 PA 296, and section 12905 as amended by 1993 PA 242, and by adding sections 12606, 12606a, and 12606b; and to repeal acts and parts of acts.

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

The Senate has passed the bill as substituted (S-3) and amended the title to read as follows:

A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending the heading of part 129 and sections 12601, 12603, 12611, 12613, 12614, and 12905 (MCL 333.12601, 333.12603, 333.12611, 333.12613, 333.12614, and 333.12905), sections 12601 and 12613 as amended by 1988 PA 315, sections 12603 and 12611 as amended by 1993 PA 217, section 12614 as added by 1988 PA 296, and section 12905 as amended by 1993 PA 242, and by adding sections 12606, 12606a, 12606b, 12610, and 12914; and to repeal acts and parts of acts.

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

Rep. Angerer moved that Rule 42 be suspended.

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

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

Rep. Wayne Schmidt moved to amend the Senate substitute (S-3) as follows:

1. Amend page 3, following line 23, by inserting:

“(iv) A 501(C)(3) OR (4) ORGANIZATION RECOGNIZED BY THE INTERNAL REVENUE CODE THAT IS HOSTING A CHARITABLE EVENT.”.

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

The question being on concurring in the substitute (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. 619 Yeas—75

Angerer Ebli Lemmons Schuitmaker

Ball Geiss Lindberg Scott, P.

Barnett Gonzales Lipton Scripps

Bauer Green Liss Segal

Bledsoe Gregory Lori Sheltrown

Brown, L. Griffin Marleau Slavens

Brown, T. Haase McDowell Slezak

Byrnes Haines Meadows Smith

Byrum Hammel Melton Spade

Calley Hansen Meltzer Stanley

Constan Jackson Miller Switalski

Corriveau Johnson Moss Tlaib

Coulouris Jones, Robert Nathan Tyler

Crawford Kandrevas Nerat Valentine

Dean Kennedy Opsommer Walsh

DeShazor Knollenberg Polidori Warren

Dillon Kowall Proos Womack

Donigan LeBlanc Roberts Young

Durhal Leland Rocca

Nays—30

Agema Espinoza Lahti Pavlov

Amash Genetski Lund Pearce

Bolger Haugh Mayes Rogers

Booher Haveman McMillin Schmidt, R.

Caul Hildenbrand Meekhof Schmidt, W.

Daley Horn Moore Scott, B.

Denby Jones, Rick Neumann Stamas

Elsenheimer Kurtz

In The Chair: Espinoza

The House agreed to the title as amended.

Rep. Clemente, under Rule 31, made the following statement:

“Mr. Speaker and members of the House:

I did not vote on Roll Call No. 619 because of a possible conflict of interest.”

Rep. Huckleberry, under Rule 31, made the following statement:

“Mr. Speaker and members of the House:

I did not vote on Roll Call No. 619 because of a possible conflict of interest.”

______

Rep. Angerer moved that Rep. Cushingberry be excused temporarily from today’s session.

The motion prevailed.

Reps. Ball, Barnett, Bauer, Bledsoe, Lisa Brown, Terry Brown, Byrnes, Byrum, Calley, Constan, Corriveau, Crawford, Dean, DeShazor, Green, Gregory, Griffin, Haines, Hammel, Robert Jones, Kennedy, Knollenberg, LeBlanc, Leland, Lemmons, Lindberg, Lipton, Liss, Lori, Marleau, McDowell, Meadows, Melton, Miller, Moss, Proos, Roberts, Schuitmaker, Paul Scott, Scripps, Segal, Sheltrown, Slavens, Slezak, Smith, Stanley, Tlaib, Valentine, Warren, Womack and Young were named co‑sponsors of the bill.

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

______

Rep. Agema, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

This bill should have included casinos. There was a carve out for them which is unacceptable. This is unfair to others that must abide by the law such as VFW’s, the American Legion and restaurants that must now compete with the casinos. This is so typical of Lansing i.e. different standards for different people- once again picking winners and losers and the casinos won. Already, any business can become no-smoking on their own. We don’t need a law to take away business owners rights, they presently have the right to make their business no smoking just like hospitals and others have.”

Second Reading of Bills

House Bill No. 4677, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2005, 2030, 2035, 74101, 74102a, 74116, 74117, 74122, 74123, 78105, and 83106 (MCL 324.2005, 324.2030, 324.2035, 324.74101, 324.74102a, 324.74116, 324.74117, 324.74122, 324.74123, 324.78105, and 324.83106), sections 2005, 2030, and 2035 as added and sections 74101, 74122, 78105, and 83106 as amended by 2004 PA 587, section 74102a as amended by 2006 PA 307, sections 74116 and 74123 as added by 1995 PA 58, and section 74117 as amended by 2006 PA 477, and by adding sections 1911 and 2045; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Great Lakes and Environment,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

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

1. Amend page 8, line 8, after “VEHICLE,” by inserting “IS A STATE-OWNED OR LAW ENFORCEMENT MOTOR VEHICLE,”.

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

Rep. Warren 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.

______

Rep. Angerer moved that Rep. Dillon be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4677, entitled

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

Roll Call No. 620 Yeas—82

Angerer Espinoza Leland Schmidt, R.

Ball Geiss Lemmons Schmidt, W.

Barnett Green Lindberg Schuitmaker

Bauer Gregory Lipton Scott, B.

Bledsoe Griffin Liss Scripps

Bolger Haase Marleau Segal

Brown, L. Haines Mayes Sheltrown

Brown, T. Hammel McDowell Slavens

Byrum Hansen Meadows Slezak

Clemente Haugh Meekhof Smith

Constan Haveman Melton Stamas

Corriveau Hildenbrand Miller Stanley

Coulouris Huckleberry Nathan Switalski

Cushingberry Jackson Opsommer Tlaib

Daley Johnson Pavlov Tyler

Dean Jones, Rick Polidori Valentine

Denby Jones, Robert Proos Walsh

DeShazor Kennedy Roberts Warren

Durhal Knollenberg Rocca Womack

Ebli Kowall Rogers Young

Elsenheimer Lahti

Nays—25

Agema Donigan LeBlanc Moss

Amash Genetski Lori Nerat

Booher Gonzales Lund Neumann

Byrnes Horn McMillin Pearce

Calley Kandrevas Meltzer Scott, P.

Caul Kurtz Moore Spade

Crawford

In The Chair: Espinoza

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 1994 PA 451, entitled “Natural resources and environmental protection act,” 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.

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.

Second Reading of Bills

House Bill No. 4678, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 805.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Great Lakes and Environment,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

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

1. Amend page 4, line 27, by striking out “(A) THE FIRST” and inserting “(A) FIRST, FOR NECESSARY EXPENSES INCURRED BY THE SECRETARY OF STATE EACH STATE FISCAL YEAR IN ADMINISTRATION AND IMPLEMENTATION OF SECTION 805 OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.805. FUNDS APPROPRIATED FOR NECESSARY EXPENSES SHALL BE BASED UPON AN ESTABLISHED COST ALLOCATION METHODOLOGY THAT REFLECTS ACTUAL COSTS. APPROPRIATIONS UNDER THIS SUBDIVISION IN A STATE FISCAL YEAR SHALL NOT EXCEED $1,000,000.00.

(B) THE NEXT” and relettering the remaining subdivisions.

2. Amend page 6, line 6, after “SUBSECTION” by striking out “(1)(A) AND (B)” and inserting “(1)(B) AND (C)”.

3. Amend page 7, line 8, after “(A)” by striking out the comma and “(B), AND (C)” and inserting “AND (B)”.

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

Rep. Meekhof 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 of

Third Reading of Bills

House Bill No. 4678, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 805.

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

Roll Call No. 621 Yeas—83

Agema Elsenheimer Lahti Schmidt, R.

Angerer Espinoza Leland Schmidt, W.

Ball Geiss Lemmons Schuitmaker

Barnett Green Lindberg Scott, B.

Bauer Gregory Lipton Scripps

Bledsoe Griffin Liss Segal

Bolger Haase Marleau Sheltrown

Brown, L. Haines Mayes Slavens

Brown, T. Hammel McDowell Slezak

Byrum Hansen Meadows Smith

Clemente Haugh Meekhof Stamas

Constan Haveman Melton Stanley

Corriveau Hildenbrand Miller Switalski

Coulouris Huckleberry Nathan Tlaib

Cushingberry Jackson Opsommer Tyler

Daley Johnson Pavlov Valentine

Dean Jones, Rick Polidori Walsh

Denby Jones, Robert Proos Warren

DeShazor Kennedy Roberts Womack

Durhal Knollenberg Rocca Young

Ebli Kowall Rogers

Nays—24

Amash Donigan LeBlanc Moss

Booher Genetski Lori Nerat

Byrnes Gonzales Lund Neumann

Calley Horn McMillin Pearce

Caul Kandrevas Meltzer Scott, P.

Crawford Kurtz Moore Spade

In The Chair: Espinoza

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 1994 PA 451, entitled “Natural resources and environmental protection act,” 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.

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.

House Bill No. 5220, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5522 (MCL 324.5522), as amended by 2007 PA 75.

(The bill was read a third time and postponed temporarily on September 25, see House Journal No. 79, p. 1727.)

The question being on the passage of the bill,

Rep. Booher moved to substitute (H-6) the bill.

The motion was seconded and the substitute (H-6) was not adopted, a majority of the members serving not voting therefor.

The question being on the passage of the bill,

Rep. Lahti moved to substitute (H-7) the bill.

The motion was seconded and the substitute (H-7) was 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. 622 Yeas—62

Angerer Ebli Leland Schmidt, R.

Barnett Espinoza Lemmons Scott, B.

Bauer Geiss Lindberg Scripps

Bledsoe Gonzales Lipton Segal

Brown, L. Gregory Liss Sheltrown

Brown, T. Griffin Mayes Slavens

Byrnes Haase McDowell Slezak

Byrum Hammel Meadows Smith

Clemente Haugh Melton Spade

Constan Huckleberry Miller Switalski

Corriveau Jackson Nathan Tlaib

Coulouris Johnson Nerat Valentine

Cushingberry Jones, Robert Neumann Warren

Dean Kandrevas Polidori Womack

Donigan Kennedy Roberts Young

Durhal Lahti

Nays—45

Agema Genetski LeBlanc Pearce

Amash Green Lori Proos

Ball Haines Lund Rocca

Bolger Hansen Marleau Rogers

Booher Haveman McMillin Schmidt, W.

Calley Hildenbrand Meekhof Schuitmaker

Caul Horn Meltzer Scott, P.

Crawford Jones, Rick Moore Stamas

Daley Knollenberg Moss Stanley

Denby Kowall Opsommer Tyler

DeShazor Kurtz Pavlov Walsh

Elsenheimer

In The Chair: Espinoza

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.

Second Reading of Bills

House Bill No. 5596, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1531i.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Education,

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

Rep. Melton moved to substitute (H-5) the bill.

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Pavlov 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.

Rep. Angerer moved that Rep. Bettie Scott be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5596, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1531i.

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

Roll Call No. 623 Yeas—79

Agema Elsenheimer Knollenberg Pearce

Amash Geiss Kowall Polidori

Angerer Genetski Kurtz Proos

Bledsoe Gonzales Leland Rogers

Bolger Green Lemmons Schmidt, R.

Booher Griffin Lori Schmidt, W.

Brown, L. Haines Lund Schuitmaker

Byrnes Hammel Marleau Scott, P.

Calley Hansen Mayes Scripps

Caul Haugh McDowell Sheltrown

Clemente Haveman McMillin Slavens

Corriveau Hildenbrand Meekhof Slezak

Coulouris Horn Melton Smith

Crawford Huckleberry Meltzer Spade

Cushingberry Jackson Moore Stamas

Daley Johnson Moss Tyler

Denby Jones, Rick Nathan Valentine

DeShazor Jones, Robert Nerat Walsh

Donigan Kandrevas Opsommer Womack

Ebli Kennedy Pavlov

Nays—27

Ball Durhal Lipton Segal

Barnett Espinoza Liss Stanley

Bauer Gregory Meadows Switalski

Brown, T. Haase Miller Tlaib

Byrum Lahti Neumann Warren

Constan LeBlanc Roberts Young

Dean Lindberg Rocca

In The Chair: Espinoza

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.

______

Rep. Miller, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

There is a big difference between mastering a subject and being able to effectively impart the information to students. While it is valuable to attract all kinds of people with all kinds of areas of expertise into the classroom, it takes special skills and training to be able to flourish in that environment. That, coupled with the fact that alternative paths to certification are already offered by various institutions throughout the state, plus the abundance of highly qualified teachers already, compels me to oppose this measure. Though there is no small sum of funding attached to these reforms, I view further federal micro-management of education an unwelcome intrusion and am fearful of the this cage with golden bars being closed around us.”

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Angerer moved that the Committee on Education be discharged from further consideration of Senate Bill No. 981.

(For first notice see House Journal No. 106, p. 2444.)

The question being on the motion made by Rep. Angerer,

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. 981, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 449, 504, 507, 1246, 1280, and 1536 (MCL 380.449, 380.504, 380.507, 380.1246, 380.1280, and 380.1536), section 449 as amended by 2004 PA 303, section 504 as amended by 2008 PA 1, section 507 as amended by 1995 PA 289, section 1246 as amended by 2004 PA 148, section 1280 as amended by 2006 PA 123, and section 1536 as added by 2006 PA 335, and by adding sections 11c, 1249, 1280c, and 1280d.

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 30, line 8, after “(2)” by inserting a comma and “AND THAT PUBLIC SCHOOL ACADEMY SHALL BE IDENTIFIED IN THE CONTRACT ISSUED BY THE AUTHORIZING BODY”.

2. Amend page 31, line 5, by striking out all of lines 5 and 6 and inserting “SCHOOL HAS AT LEAST AN 80% POSTSECONDARY ENROLLMENT RATE.”.

3. Amend page 35, following line 16, by inserting:

“(K) IDENTIFICATION OF THE PUBLIC SCHOOL ACADEMY OPERATED UNDER PART 6A THAT MEETS THE REQUIREMENTS OF SUBSECTION (2) TO WHICH THE SCHOOL OF EXCELLENCE CONTRACT CORRESPONDS, AS REQUIRED UNDER SUBSECTION (1).”.

4. Amend page 40, line 13, after “TEACHING” by inserting “OR SCHOOL ADMINISTRATOR’S”.

5. Amend page 40, line 14, after “TEACHING” by inserting “AND ADMINISTRATIVE”.

6. Amend page 41, line 9, after “WITH” by striking out “SECTIONS 557 AND 1320” and inserting “SECTION 557”.

7. Amend page 42, following line 10, by inserting:

“(R) IDENTIFICATION OF THE PUBLIC SCHOOL ACADEMY OPERATED UNDER PART 6A THAT MEETS THE REQUIREMENTS OF SECTION 552(2) TO WHICH THE SCHOOL OF EXCELLENCE CORRESPONDS, AS REQUIRED UNDER SECTION 552(1), AND A REQUIREMENT THAT THE SCHOOL OF EXCELLENCE SHALL SERVE A SIMILAR STUDENT POPULATION AS IS SERVED BY THAT PUBLIC SCHOOL ACADEMY.”.

8. Amend page 53, line 4, after the second “BODY” by striking out “MAY” and inserting “SHALL”.

9. Amend page 53, line 9, by striking out “MAY” and inserting “SHALL”.

10. Amend page 53, line 11, after “TO,” by striking out “REMOVING 1 OR MORE MEMBERS OF THE BOARD OF DIRECTORS” and inserting “CANCELING A CONTRACT WITH AN EDUCATIONAL MANAGEMENT ORGANIZATION, IF ANY”.

11. Amend page 88, line 24, by striking out all of section 1320.

The motion prevailed and the amendments were 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 of

Third Reading of Bills

Senate Bill No. 981, entitled

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

Roll Call No. 624 Yeas—78

Angerer Geiss Lemmons Rocca

Ball Genetski Lindberg Rogers

Barnett Gonzales Lipton Schmidt, R.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scripps

Brown, T. Griffin Marleau Segal

Byrnes Haase Mayes Sheltrown

Clemente Haines McDowell Slavens

Constan Hammel Meadows Slezak

Corriveau Haugh Melton Smith

Coulouris Huckleberry Meltzer Spade

Cushingberry Jackson Miller Stamas

Daley Johnson Moss Stanley

Dean Jones, Robert Nathan Switalski

Denby Kandrevas Nerat Tlaib

DeShazor Kennedy Neumann Tyler

Donigan Kowall Pavlov Valentine

Durhal Lahti Polidori Walsh

Ebli LeBlanc Proos Womack

Espinoza Leland

Nays—28

Agema Caul Jones, Rick Opsommer

Amash Crawford Knollenberg Pearce

Bauer Elsenheimer Kurtz Roberts

Booher Hansen Lund Schmidt, W.

Brown, L. Haveman McMillin Scott, P.

Byrum Hildenbrand Meekhof Warren

Calley Horn Moore Young

In The Chair: Espinoza

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 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 5, 6, 502, 503, 504, 507, 523, 1147, 1246, 1250, 1278a, 1278b, 1284b, 1311e, 1536, 1561, 1596, and 1701a (MCL 380.5, 380.6, 380.502, 380.503, 380.504, 380.507, 380.523, 380.1147, 380.1246, 380.1250, 380.1278a, 380.1278b, 380.1284b, 380.1311e, 380.1536, 380.1561, 380.1596, and 380.1701a), section 5 as amended by 2005 PA 61, sections 6, 504, and 1701a as amended by 2008 PA 1, sections 502 and 507 as amended and section 1250 as added by 1995 PA 289, section 503 as amended by 2003 PA 299, section 523 as added by 2003 PA 179, section 1246 as amended by 2004 PA 148, section 1278a as amended by 2008 PA 316, section 1278b as amended by 2007 PA 141, section 1284b as amended by 2006 PA 235, section 1311e as added by 1999 PA 23, section 1536 as added by 2006 PA 335, and section 1561 as amended by 1996 PA 339, and by adding sections 502a and 1249 and part 6e.

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

Motions and Resolutions

Rep. Angerer moved that the Committee on Education be discharged from further consideration of Senate Bill No. 926.

(For first notice see House Journal No. 106, p. 2445.)

The question being on the motion made by Rep. Angerer,

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. 926, entitled

A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 6, 11, and 94a (MCL 388.1606, 388.1611, and 388.1694a), as amended by 2009 PA 121, and by adding section 166c.

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 31, line 15, by striking out all of enacting section 1.

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 of

Third Reading of Bills

Senate Bill No. 926, entitled

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

Roll Call No. 625 Yeas—102

Agema Ebli Kurtz Pearce

Angerer Elsenheimer Lahti Polidori

Ball Espinoza LeBlanc Proos

Barnett Geiss Leland Roberts

Bauer Genetski Lemmons Rocca

Bledsoe Gonzales Lindberg Rogers

Bolger Green Lipton Schmidt, R.

Booher Gregory Liss Schmidt, W.

Brown, L. Griffin Lori Schuitmaker

Brown, T. Haase Lund Scott, P.

Byrnes Haines Marleau Scripps

Byrum Hammel Mayes Segal

Calley Hansen McDowell Sheltrown

Caul Haugh Meadows Slavens

Clemente Haveman Meekhof Slezak

Constan Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Miller Stanley

Crawford Jackson Moore Switalski

Cushingberry Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Nerat Valentine

Denby Kandrevas Neumann Walsh

DeShazor Kennedy Opsommer Womack

Donigan Knollenberg Pavlov Young

Durhal Kowall

Nays—4

Amash McMillin Smith Warren

In The Chair: Espinoza

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

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

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

Motions 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.

Rep. Angerer moved that when the House adjourns today it stand adjourned until Tuesday, December 15, at 10:00 a.m.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, December 10, for her approval of the following bills:

Enrolled House Bill No. 5222 at 11:48 a.m.

Enrolled House Bill No. 4182 at 11:50 a.m.

Enrolled House Bill No. 4257 at 4:54 p.m.

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Thursday, December 10:

House Bill Nos. 5668 5669 5670 5671 5672 5673 5674 5675 5676 5677

House Joint Resolutions PP QQ

Senate Bill Nos. 1012 1013

The Clerk announced that the following Senate bills had been received on Thursday, December 10:

Senate Bill Nos. 750 904 1005 1006

Reports of Standing Committees

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Slezak, Vice-Chair, reported

House Bill No. 5481, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43509, 43532, 43533, and 48721 (MCL 324.43509, 324.43532, 324.43533, and 324.48721), sections 43509 and 43533 as amended by 1996 PA 585, section 43532 as amended by 2002 PA 108, and section 48721 as added by 1995 PA 57.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Slezak, Ebli, Huckleberry, Lindberg, Stanley, Stamas, Bolger, Hansen and Horn

Nays: None

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Slezak, Vice-Chair, reported

House Bill No. 5662, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” 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.

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. Slezak, Ebli, Huckleberry, Lindberg, Stanley, Stamas, Bolger, Hansen and Horn

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Slezak, Vice-Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:

Meeting held on: Wednesday, December 9, 2009

Present: Reps. Slezak, Ebli, Huckleberry, Lindberg, Stanley, Stamas, Bolger, Hansen and Horn

Absent: Reps. Sheltrown and Simpson

Excused: Reps. Sheltrown and Simpson

The Committee on Insurance, by Rep. Byrum, Chair, reported

Senate Bill No. 901, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 814a.

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. Byrum, Young, Lemmons, Lipton, Neumann, Segal, Denby, Green, Haveman, Lund, Marleau, Moore and Rocca

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Byrum, Chair, of the Committee on Insurance, was received and read:

Meeting held on: Thursday, December 10, 2009

Present: Reps. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal, Sheltrown, Denby, Green, Haveman, Lund, Marleau, Moore and Rocca

Absent: Rep. Womack

Excused: Rep. Womack

The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported

House Resolution No. 186.

A resolution to urge the U.S. Congress and the U.S. Army Corps of Engineers to take immediate actions to prevent the Asian carp from entering the Great Lakes and to develop long-term strategies to address this problem.

(For text of resolution, see House Journal No. 103, p. 2359.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Warren, Bledsoe, Kennedy, Leland, Meadows, Roberts, Scripps, Meekhof, Daley, Haveman, Pavlov and Wayne Schmidt

Nays: None

The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported

House Concurrent Resolution No. 33.

A concurrent resolution to urge the U.S. Congress and the U.S. Army Corps of Engineers to take immediate actions to prevent the Asian carp from entering the Great Lakes and to develop long-term strategies to address this problem.

(For text of concurrent resolution, see House Journal No. 103, p. 2360.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Warren, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps, Meekhof, Daley, Haveman, Pavlov and Wayne Schmidt

Nays: None

The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported

Senate Concurrent Resolution No. 28.

(For text of concurrent resolution, see House Journal No. 104, p. 2389.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Warren, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps, Meekhof, Daley, Haveman, Pavlov and Wayne Schmidt

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:

Meeting held on: Thursday, December 10, 2009

Present: Reps. Warren, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps, Meekhof, Daley, Haveman, Rick Jones, Pavlov and Wayne Schmidt

Absent: Rep. Nerat

The Committee on Education, by Rep. Melton, Chair, reported

Senate Bill No. 925, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 5, 6, and 1311 (MCL 380.5, 380.6, and 380.1311), section 5 as amended by 2005 PA 61 and sections 6 and 1311 as amended by 2008 PA 1, and by adding part 6e.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Melton, Bledsoe, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Sheltrown, Valentine, Pavlov, Ball, DeShazor, Pearce, Tyler and Walsh

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Melton, Chair, of the Committee on Education, was received and read:

Meeting held on: Thursday, December 10, 2009

Present: Reps. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Amash, Ball, DeShazor, McMillin, Pearce, Tyler and Walsh

Absent: Rep. Paul Scott

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Byrnes, Chair, of the Committee on Transportation, was received and read:

Meeting held on: Thursday, December 10, 2009

Present: Reps. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Opsommer, Bolger, DeShazor, Pearce and Wayne Schmidt

Absent: Reps. Young, Knollenberg and Paul Scott

Excused: Reps. Young, Knollenberg and Paul Scott

Messages from the Senate

House Bill No. 4218, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 51 (MCL 211.51), as amended by 2005 PA 114.

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

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. 4327, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending section 202 (MCL 37.2202), as amended by 1991 PA 11.

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.

House Bill No. 5574, entitled

A bill to amend 2006 PA 480, entitled “Uniform video services local franchise act,” (MCL 484.3301 to 484.3314) by adding section 15.

The Senate has amended the bill as follows:

1. Amend page 2, following line 1, by inserting:

“(4) THIS SECTION DOES NOT APPLY AFTER DECEMBER 31, 2015.”.

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.

Senate Bill No. 750, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7523, 7524, and 7524a (MCL 333.7523, 333.7524, and 333.7524a), section 7523 as amended by 2006 PA 130, section 7524 as amended by 2006 PA 558, and section 7524a as amended by 1994 PA 8.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.

Senate Bill No. 904, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 2511 (MCL 324.2511), as added by 2006 PA 146.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.

Senate Bill No. 1005, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 13c (MCL 125.1663c), as added by 2008 PA 157.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.

Senate Bill No. 1006, entitled

A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 12b (MCL 125.1812b), as added by 2008 PA 156.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.

Notices

December 10, 2009

Mr. Richard J. Brown, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

I hereby appoint Representative Rebekah Warren and Representative John Proos to the New Economy and Quality of Life Biosciences Subcommittee for the 2009-2010 Legislative Session.

Please do not hesitate to contact my office with any questions or concerns.

Regards,

Andy Dillon

Speaker

Michigan House of Representatives

Introduction of Bills

Rep. Gonzales introduced

House Bill No. 5678, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2008 PA 361.

The bill was read a first time by its title and referred to the Committee on Appropriations.

Rep. Gonzales introduced

House Bill No. 5679, entitled

A bill to amend 1976 PA 295, entitled “State transportation preservation act of 1976,” by amending section 15a (MCL 474.65a), as added by 2002 PA 747.

The bill was read a first time by its title and referred to the Committee on Appropriations.

Reps. Johnson, Lahti, Spade, McDowell, Nerat, Lindberg, Mayes, Durhal, Melton, Cushingberry, Byrum, Neumann and Womack introduced

House Bill No. 5680, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 253 (MCL 206.253), as added by 2008 PA 287.

The bill was read a first time by its title and referred to the Committee on Energy and Technology.

Reps. Booher, Caul, Wayne Schmidt, Moss, Elsenheimer, Green, Horn, Hansen, Stamas, Moore, Opsommer, Calley, Daley, DeShazor, Kowall, Crawford, Lori and Rogers introduced

House Bill No. 5681, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2008 PA 299.

The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Reps. McMillin, Knollenberg and DeShazor introduced

House Bill No. 5682, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1246a.

The bill was read a first time by its title and referred to the Committee on Education.

Reps. Spade, Roy Schmidt, Polidori, Haase, Liss, Constan, Barnett, Kennedy, LeBlanc, Hammel, Gonzales, Bauer, Slezak, Huckleberry, Slavens, Melton and Tlaib introduced

House Bill No. 5683, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 32d (MCL 388.1632d), as amended by 2009 PA 121.

The bill was read a first time by its title and referred to the Committee on Education.

Reps. Donigan, Segal, Constan, Geiss, Valentine, Gregory and Slavens introduced

House Bill No. 5684, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16340 and part 186.

The bill was read a first time by its title and referred to the Committee on Health Policy.

Rep. Donigan introduced

House Bill No. 5685, entitled

A bill to amend 1965 PA 246, entitled “An act to establish and provide a civil service system in certain townships; to create a civil service commission, and to prescribe the duties thereof; to provide certain exemptions from and classifications in civil service; to prescribe penalties for the violation of the provisions of this act; and to prescribe the manner of adoption of this act by townships,” by amending sections 6, 8, 9, 11, 12, 15, and 18 (MCL 38.456, 38.458, 38.459, 38.461, 38.462, 38.465, and 38.468).

The bill was read a first time by its title and referred to the Committee on Intergovernmental and Regional Affairs.

Rep. Angerer introduced

House Bill No. 5686, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 205 (MCL 257.205), as amended by 1980 PA 398.

The bill was read a first time by its title and referred to the Committee on Government Operations.

Reps. Sheltrown, Terry Brown, Neumann and Mayes introduced

House Bill No. 5687, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 1980 PA 457.

The bill was read a first time by its title and referred to the Committee on Labor.

Rep. Dillon introduced

House Bill No. 5688, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 91 (MCL 38.1391), as amended by 2007 PA 110.

The bill was read a first time by its title and referred to the Committee on Public Employee Health Care Reform.

Rep. Dillon introduced

House Bill No. 5689, entitled

A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending section 42 (MCL 38.1642), as amended by 2004 PA 50.

The bill was read a first time by its title and referred to the Committee on Public Employee Health Care Reform.

Rep. Dillon introduced

House Bill No. 5690, entitled

A bill to amend 1984 PA 427, entitled “Municipal employees retirement act of 1984,” by amending section 36 (MCL 38.1536), as amended by 2004 PA 490.

The bill was read a first time by its title and referred to the Committee on Public Employee Health Care Reform.

Rep. Dillon introduced

House Bill No. 5691, entitled

A bill to amend 1992 PA 234, entitled “The judges retirement act of 1992,” by amending section 205 (MCL 38.2205).

The bill was read a first time by its title and referred to the Committee on Public Employee Health Care Reform.

Rep. Dillon introduced

House Bill No. 5692, entitled

A bill to amend 1927 PA 339, entitled “An act to authorize the establishment of a system of retiring allowances for employes of public libraries now existing or which may hereafter be established in incorporated cities of 250,000 population or more,” by amending section 2 (MCL 38.702).

The bill was read a first time by its title and referred to the Committee on Public Employee Health Care Reform.

Rep. Dillon introduced

House Bill No. 5693, entitled

A bill to amend 1937 PA 345, entitled “Fire fighters and police officers retirement act,” by amending section 9 (MCL 38.559), as amended by 2002 PA 98.

The bill was read a first time by its title and referred to the Committee on Public Employee Health Care Reform.

Rep. Dillon introduced

House Bill No. 5694, entitled

A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 50b (MCL 38.1050b), as amended by 1998 PA 501.

The bill was read a first time by its title and referred to the Committee on Public Employee Health Care Reform.

Rep. Dillon introduced

House Bill No. 5695, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 20d (MCL 38.20d), as amended by 2002 PA 93.

The bill was read a first time by its title and referred to the Committee on Public Employee Health Care Reform.

Rep. Dillon introduced

House Bill No. 5696, entitled

A bill to amend 1967 PA 156, entitled “Optional retirement act of 1967,” by amending section 4 (MCL 38.384).

The bill was read a first time by its title and referred to the Committee on Public Employee Health Care Reform.

Rep. Dillon introduced

House Bill No. 5697, entitled

A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 12a (MCL 46.12a), as amended by 2003 PA 219.

The bill was read a first time by its title and referred to the Committee on Public Employee Health Care Reform.

______

Rep. Byrum moved that the House adjourn.

The motion prevailed, the time being 5:20 p.m.

Associate Speaker Pro Tempore Espinoza declared the House adjourned until Tuesday, December 15, at 10:00 a.m.

RICHARD J. BROWN

Clerk of the House of Representatives

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