No. 39
State of Michigan
JOURNAL
OF THE
House of Representatives
95th Legislature
REGULAR SESSION OF 2009
House Chamber, Lansing, Thursday, May 7, 2009.
12:00 Noon.
The House was called to order by Associate Speaker Pro Tempore Scripps.
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—present 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—present
Byrum—present Hansen—present Meadows—present Slavens—present
Calley—present Haugh—present Meekhof—present Slezak—present
Caul—present Haveman—present Melton—present Smith—present
Clemente—present Hildenbrand—present Meltzer—present Spade—present
Constan—present Horn—present Miller—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—e/d/s 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. John Proos, from the 79th District, offered the following invocation:
“Heavenly Father, we come to You today expressing thanks for the many blessings You have bestowed upon those of us fortunate enough to live in this great state. May we always be mindful of what a special treasure we have with our Great Lakes and unique peninsulas. Lord, we pray, with Your guidance on this National Day of Prayer, that Your will, will come to this chamber, which is always challenged with the necessary issues that face this great state. Please give us Your wisdom, Your compassion and that we may work in the interests of what is best in this great state. We ask this in Your heavenly name, Amen.”
______
The Speaker Pro Tempore assumed the Chair.
Second Reading of Bills
House Bill No. 4169, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2004 PA 475.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families and Children’s Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Dean 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. Gonzales 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. 4169, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2004 PA 475.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 218 Yeas—107
Agema Durhal LeBlanc Roberts
Amash Ebli Leland Rocca
Angerer Elsenheimer Lemmons Rogers
Ball Espinoza Lindberg Schmidt, R.
Barnett Geiss Lipton Schmidt, W.
Bauer Genetski Liss Schuitmaker
Bennett Green Lori Scott, B.
Bledsoe Gregory Lund Scott, P.
Bolger Griffin Marleau Scripps
Booher Haase Mayes Segal
Brown, L. Haines McDowell Sheltrown
Brown, T. Hammel McMillin Simpson
Byrnes Hansen Meadows Slavens
Byrum Haugh Meekhof Slezak
Calley Haveman Melton Smith
Caul Hildenbrand Meltzer Spade
Clemente Horn Miller Stamas
Constan Huckleberry Moore Stanley
Corriveau Johnson Moss Switalski
Coulouris Jones, Rick Nathan Tlaib
Crawford Jones, Robert Nerat Tyler
Daley Kandrevas Neumann Valentine
Dean Kennedy Opsommer Walsh
Denby Knollenberg Pavlov Warren
DeShazor Kowall Pearce Womack
Dillon Kurtz Polidori Young
Donigan Lahti Proos
Nays—0
In The Chair: Byrnes
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
Motions and Resolutions
Rep. Angerer moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 4867.
(For first notice see House Journal No. 38, p. 810.)
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
House Bill No. 4867, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 400, 403, and 413 (MCL 208.1400, 208.1403, and 208.1413), section 403 as amended by 2008 PA 434 and section 413 as amended by 2007 PA 145.
The bill was read a second time.
Rep. Dillon moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) 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 22, by inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 71 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. Mayes 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. Cushingberry entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4867, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 400, 403, and 413 (MCL 208.1400, 208.1403, and 208.1413), section 403 as amended by 2008 PA 434 and section 413 as amended by 2007 PA 145.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Angerer moved that consideration of the bill be postponed for the day.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 466, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 434 (MCL 208.1434), as amended by 2009 PA 6.
The bill was read a second time.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Hansen moved that Rep. Green be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 466, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 434 (MCL 208.1434), as amended by 2009 PA 6.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 219 Yeas—102
Angerer Ebli Leland Rocca
Ball Elsenheimer Lemmons Rogers
Barnett Espinoza Lindberg Schmidt, R.
Bauer Geiss Lipton Schmidt, W.
Bennett Gregory Liss Schuitmaker
Bledsoe Griffin Lori Scott, B.
Bolger Haase Lund Scott, P.
Booher Haines Marleau Scripps
Brown, L. Hammel Mayes Segal
Brown, T. Hansen McDowell Sheltrown
Byrnes Haugh Meadows Simpson
Byrum Haveman Melton Slavens
Calley Hildenbrand Meltzer Slezak
Caul Horn Miller Smith
Clemente Huckleberry Moore Spade
Constan Jackson Moss Stamas
Corriveau Johnson Nathan Stanley
Coulouris Jones, Rick Nerat Switalski
Crawford Jones, Robert Neumann Tlaib
Cushingberry Kandrevas Opsommer Tyler
Dean Kennedy Pavlov Valentine
Denby Knollenberg Pearce Walsh
DeShazor Kowall Polidori Warren
Dillon Kurtz Proos Womack
Donigan Lahti Roberts Young
Durhal LeBlanc
Nays—6
Agema Daley McMillin Meekhof
Amash Genetski
In The Chair: Byrnes
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”
The House agreed to the full title.
Rep. Angerer moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Meekhof, 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:
We continue to carve out ‘special’ tax breaks for individual businesses, we need to lower the tax burden on all job providers to enable them to risk and create the new economy.”
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:
Once again we give tax breaks on the backs of existing companies. We need an equal tax break for all Michigan businesses so we can keep them here.”
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4309, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2009; and to provide for the expenditure of the appropriations.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to make, supplement, and adjust appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2009; and to provide for the expenditure of the appropriations.
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 (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. 220 Yeas—105
Agema Donigan Lahti Polidori
Amash Durhal LeBlanc Proos
Angerer Ebli Leland Roberts
Ball Elsenheimer Lemmons Rocca
Barnett Espinoza Lindberg Rogers
Bauer Geiss Lipton Schmidt, R.
Bennett Genetski Liss Schmidt, W.
Bledsoe Gregory Lori Schuitmaker
Bolger Griffin Lund Scott, B.
Booher Haase Marleau Scott, P.
Brown, L. Haines Mayes Scripps
Brown, T. Hammel McDowell Segal
Byrnes Hansen McMillin Sheltrown
Byrum Haugh Meadows Simpson
Calley Haveman Meekhof Slavens
Caul Hildenbrand Melton Slezak
Clemente Horn Meltzer Smith
Constan Huckleberry Miller Spade
Corriveau Johnson Moore Stamas
Coulouris Jones, Rick Moss Stanley
Crawford Jones, Robert Nathan Switalski
Cushingberry Kandrevas Nerat Tlaib
Daley Kennedy Neumann Tyler
Dean Knollenberg Opsommer Valentine
Denby Kowall Pavlov Walsh
DeShazor Kurtz Pearce Womack
Dillon
Nays—3
Jackson Warren Young
In The Chair: Byrnes
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, May 7:
House Bill Nos. 4890 4891 4892 4893 4894 4895 4896 4897 4898
The Clerk announced that the following Senate bills had been received on Thursday, May 7:
Senate Bill Nos. 194 290 293 295 296 502
Reports of Standing Committees
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
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.
With the recommendation that the substitute (H-2) 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. Warren, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps, Meekhof and Rick Jones
Nays: Reps. Nerat, Bledsoe, Daley and Pavlov
The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported
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.
With the recommendation that the substitute (H-2) 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. Warren, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps, Meekhof and Rick Jones
Nays: Reps. Nerat, Bledsoe, Daley and Pavlov
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, May 7, 2009
Present: Reps. Warren, Nerat, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps, Meekhof, Daley, Haveman, Rick Jones, Pavlov and Wayne Schmidt
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 4205, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 394b.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 1, line 1, after “(1)” by inserting “EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION,”.
2. Amend page 2, following line 16, by inserting:
“(3) SUBSECTION (1) DOES NOT APPLY TO A PERSON WHO ENGAGES IN CONDUCT DESCRIBED IN SUBSECTION (1) SOLELY FOR AUTHORIZED LAW ENFORCEMENT OR TRAFFIC CONTROL PURPOSES.” and renumbering the remaining subsections.
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, DeShazor, Knollenberg, Pearce, Wayne Schmidt and Paul Scott
Nays: None
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 4206, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16s of chapter XVII (MCL 777.16s), as amended by 2008 PA 414.
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. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, DeShazor, Knollenberg, Pearce, Wayne Schmidt and Paul Scott
Nays: None
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 4644, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 303 and 319 (MCL 257.303 and 257.319), section 303 as amended by 2008 PA 7 and section 319 as amended by 2008 PA 462.
With the recommendation that the bill be referred to the Committee on Education.
Favorable Roll Call
To Report Out:
Yeas: Reps. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, Knollenberg, Pearce, Wayne Schmidt and Paul Scott
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Education.
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 4645, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712A.32) by adding section 2f to chapter XIIA.
With the recommendation that the bill be referred to the Committee on Education.
Favorable Roll Call
To Report Out:
Yeas: Reps. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, Knollenberg, Pearce, Wayne Schmidt and Paul Scott
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Education.
The Committee on Transportation, by Rep. Byrnes, Chair, reported
House Bill No. 4848, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 12 (MCL 247.662), as amended by 2002 PA 498.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 6, line 1, after “exceed” by striking out “50%” and inserting “30%”.
2. Amend page 6, line 4, after “county.” by striking out the balance of the line through “county.” on line 11 and inserting “NOT TO EXCEED AN ADDITIONAL 20% PER YEAR OF THE AMOUNT RETURNED TO A COUNTY FOR USE ON THE PRIMARY ROAD SYSTEM MAY BE EXPENDED, ONLY IF USED TO SUPPLEMENT FUNDS FROM OTHER SOURCES, ON THE COUNTY LOCAL ROAD SYSTEM OF THAT COUNTY.”.
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, DeShazor, Knollenberg, Pearce, Wayne Schmidt and Paul Scott
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrnes, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Thursday, May 7, 2009
Present: Reps. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Opsommer, Bolger, DeShazor, Knollenberg, Pearce, Wayne Schmidt and Paul Scott
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrum, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, May 7, 2009
Present: Reps. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal, Sheltrown, Womack, Denby, Green, Haveman, Lund, Marleau, Moore and Rocca
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Melton, Chair, of the Committee on Education, was received and read:
Meeting held on: Thursday, May 7, 2009
Present: Reps. Melton, Lisa Brown, Bledsoe, Byrum, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Amash, Ball, DeShazor, McMillin, Pearce, Paul Scott, Tyler and Walsh
Messages from the Senate
House Bill No. 4715, entitled
A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 41 (MCL 432.41), as amended by 2008 PA 274.
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. 4083, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 11 (MCL 125.2011), as amended by 1987 PA 278.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 4089, entitled
A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending sections 8 and 10 (MCL 207.808 and 207.810), section 8 as amended by 2008 PA 257 and section 10 as amended by 2006 PA 283.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 4092, entitled
A bill to amend 1963 PA 62, entitled “Industrial development revenue bond act of 1963,” (MCL 125.1251 to 125.1267) by adding section 5a.
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. 4093, 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 section 4 (MCL 207.554), as amended by 2004 PA 437.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 4094, entitled
A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 13 (MCL 247.913) and by adding section 9a.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 194, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2008 PA 430.
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. 290, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 15 (MCL 125.2665), as amended by 2007 PA 201.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 293, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 15 (MCL 125.2695) and by adding sections 8g and 8h.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 295, entitled
A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 8 (MCL 125.2788), as amended by 2008 PA 504.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 296, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2008 PA 448.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 502, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2008 PA 133.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Communications from State Officers
The following communication from the Secretary of State was received and read:
Notice of Filing
Administrative Rules
April 23, 2009
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy, Labor and Economic Growth and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-007-LG (Secretary of State Filing #09‑04‑07) on this date at 4:40 p.m. for the Department of Energy, Labor and Economic Growth, entitled “Unarmed Combat”.
This rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a (6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
Sincerely,
Terri Lynn Land
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communication was referred to the Clerk.
The following communication from the Office of the State Budget was received and read:
April 29, 2009
Transmitted under this cover is a schedule entitled “Statement of Revenue Subject to Constitutional Limitation - Legal Basis.” The statement is submitted pursuant to Sections 18.1350(a) through 18.1350(e) of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 26 of the Michigan Constitution for the fiscal year 2008.
The statement has been reviewed by the Office of the Auditor General and a copy of the independent accountant’s review is enclosed.
If you have questions regarding this report, please contact Mr. Michael J. Moody, Director, Office of Financial Management, at 373-1010.
Sincerely,
Robert L. Emerson
State Budget Director
The communication was referred to the Clerk.
Introduction of Bills
Reps. Segal, Liss, Haugh, Moore and Roy Schmidt introduced
House Bill No. 4899, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5101, 5111, 5117, 5131, 5204, and 20191 (MCL 333.5101, 333.5111, 333.5117, 333.5131, 333.5204, and 333.20191), sections 5101, 5111, and 5117 as amended by 1994 PA 200, section 5131 as amended and section 5204 as added by 1997 PA 57, and section 20191 as amended by 1994 PA 419.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Moore, Liss, Segal, Haugh and Roy Schmidt introduced
House Bill No. 4900, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2441 (MCL 333.2441), as amended by 1986 PA 76, and by adding section 2443.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Liss, Segal, Haugh, Moore and Roy Schmidt introduced
House Bill No. 4901, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 67b (MCL 791.267b), as added by 1996 PA 565.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Agema, Meltzer, Amash, Horn, Marleau, Knollenberg, Walsh, Hansen, Denby, Tyler, Meekhof, Green, Rick Jones, Paul Scott, McMillin, Calley, DeShazor, Genetski, Kowall, Pearce and Stamas introduced
House Bill No. 4902, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 1505.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Reps. Agema, Meltzer, Amash, Haines, Horn, Kowall, Marleau, Knollenberg, Walsh, Hansen, Denby, Tyler, Pearce, Meekhof, Green, Rick Jones, Paul Scott, McMillin, Calley, DeShazor and Stamas introduced
House Bill No. 4903, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20101 and 20120a (MCL 324.20101 and 324.20120a), section 20101 as amended by 1996 PA 383 and section 20120a as added by 1995 PA 71.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Environment.
Reps. Nathan, Slavens, Miller, Constan, Durhal, Pavlov, Knollenberg, Paul Scott, Leland and Johnson introduced
House Bill No. 4904, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5714 (MCL 600.5714), as amended by 2004 PA 105.
The bill was read a first time by its title and referred to the Committee on Urban Policy.
Reps. Nathan, Slavens, Miller, Constan, Durhal, Pavlov, Knollenberg, Paul Scott, Leland and Johnson introduced
House Bill No. 4905, entitled
A bill to amend 1846 RS 66, entitled “Of estates in dower, by the curtesy, and general provisions concerning real estate,” by amending section 34 (MCL 554.134), as amended by 2004 PA 106.
The bill was read a first time by its title and referred to the Committee on Urban Policy.
Rep. Ebli introduced
House Bill No. 4906, entitled
A bill to amend 2004 PA 174, entitled “Streamlined sales and use tax administration act,” by amending section 25 (MCL 205.825), as amended by 2008 PA 437.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
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Rep. Moore moved that the House adjourn.
The motion prevailed, the time being 1:55 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, May 12, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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