No. 72

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

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

12:00 Noon.

The House was called to order by the Speaker Pro Tempore.

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

Agema—present Durhal—present 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—excused 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—excused

Cushingberry—present Jones, Rick—present Nerat—excused 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. Roy Schmidt, from the 76th District, offered the following invocation:

“Members of the House

Let’s take a moment to remember that we have been given an enormous responsibility to lead our state out of a horrible situation and into a bright future. We need to remain respectful of diverse opinions and allow many voices to be heard. But in the end we alone will cast our votes. So let’s pray that we may be worthy of God’s presence and be open to His guidance as we accept this task with courage and resolve. We ask God’s blessing upon us today in all that we do. Amen.”

______

Rep. Angerer moved that Reps. Bennett, Mayes, Nerat and Tlaib be excused from today’s session.

The motion prevailed.

Motions and Resolutions

By unanimous consent the House considered House Resolution No. 154 out of numerical order.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 154.

A resolution of tribute offered as a memorial for Gloria Schermesser, former member of the House of Representatives.

Whereas, The members and staff of this legislative body were deeply saddened to learn of the untimely passing of Gloria Schermesser, who served as a State Representative from 1996 to 2002. Her sense of commitment to her state and her beloved hometown of Lincoln Park set a standard of dedication that will long be remembered at the Capitol and elsewhere; and

Whereas, Gloria Schermesser, who was most proud of her deep roots in the Downriver community, devoted herself to the service of others throughout her life. Her varied responsibilities included taking on numerous tasks on behalf of senior citizens, serving as a counselor with the Downriver Community Conference, and working as a staff member with the Wayne County Commission. In 1996, she brought this energy and commitment to state government and Lansing as a lawmaker following a special election; and

Whereas, Throughout her legislative tenure, Representative Schermesser was an effective advocate for her district and for working families across our state. She brought a common sense approach to her committee responsibilities and was especially active on issues related to veterans, local government, and transportation. Her sense of concern for others earned her the friendship of many and the gratitude and respect of all; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Gloria Schermesser, a member of this legislative body from 1996 to 2002; and be it further

Resolved, That copies of this resolution be transmitted to the Schermesser family as evidence of our lasting esteem for her memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

Second Reading of Bills

House Bill No. 5102, entitled

A bill to allow certain active duty service members to terminate contracts with wireless telecommunications providers; to provide for the rights and responsibilities of the parties to those terminated contracts; to provide for the powers and duties of certain state officials; to prescribe civil sanctions and provide remedies; and to provide for the disposition of civil fines.

The bill was read a second time.

Rep. LeBlanc 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. Pearce moved that Rep. Proos 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. 5102, entitled

A bill to allow certain active duty service members to terminate contracts with wireless telecommunications providers; to provide for the rights and responsibilities of the parties to those terminated contracts; to provide for the powers and duties of certain state officials; to prescribe civil sanctions and provide remedies; and to provide for the disposition of civil fines.

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

Roll Call No. 419 Yeas—104

Agema Durhal Kowall Polidori

Angerer Ebli Kurtz Roberts

Ball Elsenheimer Lahti Rocca

Barnett Espinoza LeBlanc Rogers

Bauer Geiss Leland Schmidt, R.

Bledsoe Genetski Lemmons Schmidt, W.

Bolger Gonzales Lindberg Schuitmaker

Booher Green Lipton Scott, B.

Brown, L. Gregory Liss Scott, P.

Brown, T. Griffin Lori Scripps

Byrnes Haase Lund Segal

Byrum Haines Marleau Sheltrown

Calley Hammel McDowell Simpson

Caul Hansen McMillin Slavens

Clemente Haugh Meadows Slezak

Constan Haveman Meekhof Smith

Corriveau Hildenbrand Melton Spade

Coulouris Horn Meltzer Stamas

Crawford Huckleberry Miller Stanley

Cushingberry Jackson Moore Switalski

Daley Johnson Moss Tyler

Dean Jones, Rick Nathan Valentine

Denby Jones, Robert Neumann Walsh

DeShazor Kandrevas Opsommer Warren

Dillon Kennedy Pavlov Womack

Donigan Knollenberg Pearce Young

Nays—1

Amash

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.

Reps. Agema, Angerer, Ball, Barnett, Bolger, Booher, Lisa Brown, Terry Brown, Byrum, Calley, Caul, Clemente, Constan, Corriveau, Crawford, Daley, Denby, DeShazor, Donigan, Durhal, Ebli, Espinoza, Geiss, Genetski, Gregory, Griffin, Haines, Hansen, Haugh, Haveman, Hildenbrand, Horn, Jackson, Johnson, Rick Jones, Kandrevas, Kennedy, Knollenberg, Kowall, Lahti, Lemmons, Lindberg, Lori, Lund, Marleau, McDowell, Meekhof, Meltzer, Miller, Moore, Moss, Nathan, Opsommer, Pearce, Roberts, Rocca, Wayne Schmidt, Schuitmaker, Paul Scott, Scripps, Segal, Simpson, Slavens, Slezak, Spade, Stamas, Switalski, Tyler, Valentine, Walsh and Young were named co‑sponsors of the bill.

Rep. Amash, 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:

HB 5102 fails to address the general problem that military personnel face with respect to their contractual obligations when those individuals are called to active duty. To avoid inconsistent, patchwork legislation, this issue needs to be addressed comprehensively rather than one contract type at a time.”

Second Reading of Bills

House Bill No. 5245, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” (MCL 339.101 to 339.2919) by adding section 1809b.

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

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

Rep. Polidori 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. 5245, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” (MCL 339.101 to 339.2919) by adding section 1809b.

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

Roll Call No. 420 Yeas—105

Agema Durhal Kowall Polidori

Amash Ebli Kurtz Roberts

Angerer Elsenheimer Lahti Rocca

Ball Espinoza LeBlanc Rogers

Barnett Geiss Leland Schmidt, R.

Bauer Genetski Lemmons Schmidt, W.

Bledsoe Gonzales Lindberg Schuitmaker

Bolger Green Lipton Scott, B.

Booher Gregory Liss Scott, P.

Brown, L. Griffin Lori Scripps

Brown, T. Haase Lund Segal

Byrnes Haines Marleau Sheltrown

Byrum Hammel McDowell Simpson

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 Tyler

Daley Jones, Rick Nathan Valentine

Dean Jones, Robert Neumann Walsh

Denby Kandrevas Opsommer Warren

DeShazor Kennedy Pavlov Womack

Dillon Knollenberg Pearce Young

Donigan

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.

Reps. Angerer, Ball, Barnett, Lisa Brown, Terry Brown, Constan, Crawford, Dean, Denby, Dillon, Durhal, Espinoza, Geiss, Genetski, Gonzales, Gregory, Haase, Hammel, Hansen, Haugh, Haveman, Horn, Jackson, Johnson, Rick Jones, Robert Jones, Kandrevas, Knollenberg, Lahti, LeBlanc, Leland, Lemmons, Liss, Lori, Marleau, McDowell, Melton, Neumann, Opsommer, Pearce, Roberts, Rocca, Schuitmaker, Paul Scott, Scripps, Sheltrown, Slavens, Slezak, Spade, Switalski, Tyler and Valentine were named co‑sponsors of the bill.

Second Reading of Bills

House Bill No. 5246, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” (MCL 339.101 to 339.2919) by adding section 1809a.

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

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

Rep. Kurtz 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. 5246, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” (MCL 339.101 to 339.2919) by adding section 1809a.

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

Roll Call No. 421 Yeas—105

Agema Durhal Kowall Polidori

Amash Ebli Kurtz Roberts

Angerer Elsenheimer Lahti Rocca

Ball Espinoza LeBlanc Rogers

Barnett Geiss Leland Schmidt, R.

Bauer Genetski Lemmons Schmidt, W.

Bledsoe Gonzales Lindberg Schuitmaker

Bolger Green Lipton Scott, B.

Booher Gregory Liss Scott, P.

Brown, L. Griffin Lori Scripps

Brown, T. Haase Lund Segal

Byrnes Haines Marleau Sheltrown

Byrum Hammel McDowell Simpson

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 Tyler

Daley Jones, Rick Nathan Valentine

Dean Jones, Robert Neumann Walsh

Denby Kandrevas Opsommer Warren

DeShazor Kennedy Pavlov Womack

Dillon Knollenberg Pearce Young

Donigan

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.

Reps. Angerer, Ball, Bolger, Booher, Lisa Brown, Terry Brown, Calley, Clemente, Constan, Corriveau, Crawford, Denby, DeShazor, Durhal, Espinoza, Geiss, Genetski, Gonzales, Haase, Haines, Hammel, Hansen, Haugh, Haveman, Hildenbrand, Horn, Johnson, Rick Jones, Robert Jones, Kandrevas, Kowall, LeBlanc, Lemmons, Liss, Lori, Meekhof, Melton, Meltzer, Neumann, Opsommer, Pearce, Rogers, Wayne Schmidt, Paul Scott, Scripps, Sheltrown, Slavens, Slezak, Spade, Tyler and Valentine were named co‑sponsors of the bill.

Second Reading of Bills

Senate Bill No. 428, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2, 3, 12, and 12a (MCL 125.2152, 125.2153, 125.2162, and 125.2162a), section 2 as amended by 2007 PA 200, sections 3 and 12 as amended by 2000 PA 248, and section 12a as amended by 2008 PA 105, and by adding section 12c.

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 428, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2, 3, 12, and 12a (MCL 125.2152, 125.2153, 125.2162, and 125.2162a), section 2 as amended by 2007 PA 200, sections 3 and 12 as amended by 2000 PA 248, and section 12a as amended by 2008 PA 105, and by adding section 12c.

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

Roll Call No. 422 Yeas—100

Angerer Ebli Kurtz Roberts

Ball Elsenheimer Lahti Rocca

Barnett Espinoza LeBlanc Rogers

Bauer Geiss Leland Schmidt, R.

Bledsoe Gonzales Lemmons Schmidt, W.

Bolger Green Lindberg Schuitmaker

Booher Gregory Lipton Scott, B.

Brown, L. Griffin Liss Scott, P.

Brown, T. Haase Lori Scripps

Byrnes Haines Lund Segal

Byrum Hammel Marleau Sheltrown

Calley Hansen McDowell Simpson

Caul Haugh Meadows Slavens

Clemente Haveman Meekhof Slezak

Constan Hildenbrand Melton Smith

Corriveau Horn Meltzer Spade

Coulouris Huckleberry Miller Stamas

Crawford Jackson Moore Stanley

Cushingberry Johnson Moss Switalski

Dean Jones, Rick Nathan Tyler

Denby Jones, Robert Neumann Valentine

DeShazor Kandrevas Opsommer Walsh

Dillon Kennedy Pavlov Warren

Donigan Knollenberg Pearce Womack

Durhal Kowall Polidori Young

Nays—5

Agema Daley Genetski McMillin

Amash

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 encourage local development to prevent conditions of unemployment and promote economic growth; to provide for the establishment of local development finance authorities and to prescribe their powers and duties; to provide for the creation of a board to govern an authority and to prescribe its powers and duties; to provide for the creation and implementation of development plans; to authorize the acquisition and disposal of interests in real and personal property; to permit the issuance of bonds and other evidences of indebtedness by an authority; to prescribe powers and duties of certain public entities and state officers and agencies; to reimburse authorities for certain losses of tax increment revenues; and to authorize and permit the use of tax increment financing,”

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.

Second Reading of Bills

Senate Bill No. 219, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 201 (MCL 208.1201), as amended by 2008 PA 168.

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 219, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 201 (MCL 208.1201), as amended by 2008 PA 168.

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

Roll Call No. 423 Yeas—105

Agema Durhal Kowall Polidori

Amash Ebli Kurtz Roberts

Angerer Elsenheimer Lahti Rocca

Ball Espinoza LeBlanc Rogers

Barnett Geiss Leland Schmidt, R.

Bauer Genetski Lemmons Schmidt, W.

Bledsoe Gonzales Lindberg Schuitmaker

Bolger Green Lipton Scott, B.

Booher Gregory Liss Scott, P.

Brown, L. Griffin Lori Scripps

Brown, T. Haase Lund Segal

Byrnes Haines Marleau Sheltrown

Byrum Hammel McDowell Simpson

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 Tyler

Daley Jones, Rick Nathan Valentine

Dean Jones, Robert Neumann Walsh

Denby Kandrevas Opsommer Warren

DeShazor Kennedy Pavlov Womack

Dillon Knollenberg Pearce Young

Donigan

Nays—0

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.

Second Reading of Bills

House Bill No. 4704, entitled

A bill to amend 1905 PA 299, entitled “An act to provide for changing and determining the names of divorced women,” by amending the title and section 1 (MCL 552.391).

The bill was read a second time.

Rep. Meekhof moved to amend the bill as follows:

1. Amend page 2, line 2, after “intent.” by inserting “THIS ACT ONLY APPLIES TO THE DISSOLUTION OF A MARRIAGE BETWEEN A MAN AND A WOMAN.”.

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. 4704, entitled

A bill to amend 1905 PA 299, entitled “An act to provide for changing and determining the names of divorced women,” by amending the title and section 1 (MCL 552.391).

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

Roll Call No. 424 Yeas—105

Agema Durhal Kowall Polidori

Amash Ebli Kurtz Roberts

Angerer Elsenheimer Lahti Rocca

Ball Espinoza LeBlanc Rogers

Barnett Geiss Leland Schmidt, R.

Bauer Genetski Lemmons Schmidt, W.

Bledsoe Gonzales Lindberg Schuitmaker

Bolger Green Lipton Scott, B.

Booher Gregory Liss Scott, P.

Brown, L. Griffin Lori Scripps

Brown, T. Haase Lund Segal

Byrnes Haines Marleau Sheltrown

Byrum Hammel McDowell Simpson

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 Tyler

Daley Jones, Rick Nathan Valentine

Dean Jones, Robert Neumann Walsh

Denby Kandrevas Opsommer Warren

DeShazor Kennedy Pavlov Womack

Dillon Knollenberg Pearce Young

Donigan

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.

Second Reading of Bills

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 read a second time.

Rep. Valentine 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. 5298, entitled

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

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

Roll Call No. 425 Yeas—105

Agema Durhal Kowall Polidori

Amash Ebli Kurtz Roberts

Angerer Elsenheimer Lahti Rocca

Ball Espinoza LeBlanc Rogers

Barnett Geiss Leland Schmidt, R.

Bauer Genetski Lemmons Schmidt, W.

Bledsoe Gonzales Lindberg Schuitmaker

Bolger Green Lipton Scott, B.

Booher Gregory Liss Scott, P.

Brown, L. Griffin Lori Scripps

Brown, T. Haase Lund Segal

Byrnes Haines Marleau Sheltrown

Byrum Hammel McDowell Simpson

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 Tyler

Daley Jones, Rick Nathan Valentine

Dean Jones, Robert Neumann Walsh

Denby Kandrevas Opsommer Warren

DeShazor Kennedy Pavlov Womack

Dillon Knollenberg Pearce Young

Donigan

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.

Second Reading of Bills

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 read a second time.

Rep. Kurtz 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. 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.

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

Roll Call No. 426 Yeas—105

Agema Durhal Kowall Polidori

Amash Ebli Kurtz Roberts

Angerer Elsenheimer Lahti Rocca

Ball Espinoza LeBlanc Rogers

Barnett Geiss Leland Schmidt, R.

Bauer Genetski Lemmons Schmidt, W.

Bledsoe Gonzales Lindberg Schuitmaker

Bolger Green Lipton Scott, B.

Booher Gregory Liss Scott, P.

Brown, L. Griffin Lori Scripps

Brown, T. Haase Lund Segal

Byrnes Haines Marleau Sheltrown

Byrum Hammel McDowell Simpson

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 Tyler

Daley Jones, Rick Nathan Valentine

Dean Jones, Robert Neumann Walsh

Denby Kandrevas Opsommer Warren

DeShazor Kennedy Pavlov Womack

Dillon Knollenberg Pearce Young

Donigan

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.

Second Reading of Bills

House Bill No. 5311, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34a (MCL 791.234a), as amended by 2008 PA 158.

The bill was read a second time.

Rep. Booher moved to amend the bill as follows:

1. Amend page 8, following line 11, by inserting:

“(13) This section is repealed effective September 30, 2009 2012.”.

The motion prevailed and the amendment 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. 5311, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34a (MCL 791.234a), as amended by 2008 PA 158.

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

Roll Call No. 427 Yeas—65

Angerer Donigan Kennedy Schmidt, R.

Ball Durhal Lahti Scott, B.

Barnett Ebli LeBlanc Scripps

Bauer Espinoza Leland Segal

Bledsoe Geiss Lemmons Sheltrown

Booher Gonzales Lindberg Simpson

Brown, L. Gregory Lipton Slavens

Brown, T. Griffin Liss Slezak

Byrnes Haase McDowell Smith

Byrum Hammel Meadows Spade

Clemente Haugh Melton Stanley

Constan Huckleberry Miller Switalski

Corriveau Jackson Nathan Valentine

Coulouris Johnson Neumann Warren

Cushingberry Jones, Robert Polidori Womack

Dean Kandrevas Roberts Young

Dillon

Nays—40

Agema Genetski Kurtz Pavlov

Amash Green Lori Pearce

Bolger Haines Lund Rocca

Calley Hansen Marleau Rogers

Caul Haveman McMillin Schmidt, W.

Crawford Hildenbrand Meekhof Schuitmaker

Daley Horn Meltzer Scott, P.

Denby Jones, Rick Moore Stamas

DeShazor Knollenberg Moss Tyler

Elsenheimer Kowall Opsommer Walsh

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.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4523, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 430 (MCL 208.1430), as added by 2008 PA 270.

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

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

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

Rep. 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-2) made to the bill by the Senate,

Rep. McMillin moved to amend the Senate substitute (S-2) as follows:

1. Amend page 5, line 12, after “LEAST” by striking out “250” and inserting “1,000”.

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

Rep. McMillin moved to amend the Senate substitute (S-2) as follows:

1. Amend page 6, line 7, after “LEAST” by striking out “500” and inserting “1,000”.

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

Rep. McMillin moved to amend the Senate substitute (S-2) as follows:

1. Amend page 7, following line 12, 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.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 428 Yeas—95

Angerer Durhal Kowall Rocca

Ball Ebli Kurtz Rogers

Barnett Elsenheimer Lahti Schmidt, R.

Bauer Espinoza LeBlanc Schmidt, W.

Bledsoe Geiss Leland Schuitmaker

Bolger Gonzales Lemmons Scott, B.

Booher Green Lindberg Scripps

Brown, L. Gregory Lipton Segal

Brown, T. Griffin Liss Sheltrown

Byrnes Haase Lori Simpson

Byrum Haines Lund Slavens

Calley Hammel Marleau Slezak

Caul Haugh McDowell Smith

Clemente Haveman Meadows Spade

Constan Hildenbrand Melton Stamas

Corriveau Horn Meltzer Stanley

Coulouris Huckleberry Moore Switalski

Crawford Jackson Moss Tyler

Cushingberry Johnson Neumann Valentine

Dean Jones, Rick Opsommer Walsh

Denby Jones, Robert Pavlov Warren

DeShazor Kandrevas Pearce Womack

Dillon Kennedy Polidori Young

Donigan Knollenberg Roberts

Nays—9

Agema Genetski Meekhof Nathan

Amash McMillin Miller Scott, P.

Daley

In The Chair: Byrnes

The House agreed to the full title.

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

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

“Mr. Speaker and members of the House:

It always feels good to cut taxes but when we are facing a structural budget deficit and unable to fund our existing commitments this is an irresponsible step. Photovoltaic technology may well be a part of Michigan’s economic future, but with no guarantee for the number or quality of jobs that this enormous amount of foregone revenue will produce, I must conclude this is not a bright idea.”

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

The motion prevailed.

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

The motion prevailed.

Reps. Haines, Elsenheimer, Hildenbrand, Meekhof, Schuitmaker, Proos, Green, Amash, Agema, Rick Jones, Knollenberg, Walsh, Marleau, Moss, Denby, Meltzer, Bolger, Tyler, Pavlov, Rocca, Hansen, Crawford, McMillin, Rogers, Moore, Genetski, Lund, Lori, Daley, Haveman, Horn, Booher, Stamas, Caul, Paul Scott, Opsommer, Pearce, Wayne Schmidt, Calley, Kurtz, DeShazor, Ball and Kowall offered the following resolution:

House Resolution No. 152.

A resolution urging the Speaker of the House of Representatives of Michigan to call the chamber into session every day, excluding religious holidays, until the House of Representatives has passed a Fiscal Year 2010 budget that is balanced and clearly identifies revenue sources.

Whereas, Fiscal Year 2009 ends at midnight on October 1, 2009; and

Whereas, A budget for Fiscal Year 2010 has not been passed by the Michigan Legislature; and

Whereas, Without a Fiscal Year 2010 balanced budget, Michigan state government will be forced to cease operations, shutting down many essential services; and

Whereas, The state of Michigan faces a projected Fiscal Year 2010 budget deficit of at least $2.7 billion; and

Whereas, Existence of this $2.7 billion deficit has been known since July 2009; and

Whereas, Although Michigan has a full-time legislature, the Speaker of the House of Representatives has called for just 5 days of session voting in the 10 weeks between June 26, 2009, and September 9, 2009; and

Whereas, The Republican caucus of the House of Representatives has proposed a balanced Fiscal Year 2010 budget that avoids a government shutdown without raising new taxes; and

Whereas, The Senate has passed legislation balancing the Fiscal Year 2010 budget without raising new taxes; now, therefore, be it

Resolved by the House of Representatives, That we urge the Speaker of the House of Representative to call the House of Representatives in session every day, excluding religious holidays, until a balanced Fiscal Year 2010 budget has been passed that identifies revenue sources; and be it further

Resolved, That copies of this resolution be transmitted to Governor Jennifer Granholm, Lieutenant Governor John Cherry, President Pro Tempore of the Senate Randy Richardville, and Senate Majority Leader Mike Bishop.

The resolution was referred to the Committee on Judiciary.

Reps. Leland, Ball, Booher, Terry Brown, Caul, Cushingberry, Dean, Geiss, Gonzales, Haugh, Rick Jones, Robert Jones, Marleau, Miller, Neumann, Polidori, Proos, Rogers, Slavens, Spade, Valentine and Durhal offered the following resolution:

House Resolution No. 153.

A resolution declaring September 2009 as Pain Awareness Month in the state of Michigan.

Whereas, Pain is a serious health problem that affects an estimated 50 million Americans every year; and

Whereas, People who suffer through pain are often marginalized and stigmatized. Thus often not informed of their right to effective pain assessment and management; and

Whereas, Untreated chronic pain may rob the citizens of Michigan of their quality of life — affecting physical, psychological, social, and spiritual well-being; and

Whereas, According to published estimates, one in five individuals has moderate to severe chronic pain, and a third of those individuals are inhibited from leading an active lifestyle because of it; and

Whereas, It is estimated that more than $100 billion annually is lost in workdays and medical expenses due to pain-related issues. Many citizens, especially the elderly, minorities, and urban and rural poor are unable to get treatment helping them to manage their pain due to high health care costs; and

Whereas, Increased awareness of, and potential cures for, chronic pain can lead to much needed relief; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 2009 as Pain Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Announcement by the Clerk of Printing and Enrollment

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

House Bill Nos. 5318 5319 5320 5321 5322 5323 5324 5325 5326 5327 5328

House Joint Resolutions CC DD

Senate Bill Nos. 786 787 788 789 790 791 792 793 794 795 796

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

Senate Bill Nos. 773 774 777

Reports of Standing Committees

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

House Bill No. 5055, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 30101, 30102, 30103, and 30104 (MCL 324.30101, 324.30102, 324.30103, and 324.30104), section 30101 as amended by 2006 PA 275, section 30102 as added by 1995 PA 59, section 30103 as amended by 2006 PA 33, and section 30104 as amended by 2008 PA 276, and by adding section 30106a.

With the recommendation that the substitute (H-1) 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, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts, Scripps, Meekhof, Daley, Haveman, Rick Jones and Pavlov

Nays: None

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

House Resolution No. 125.

A resolution to memorialize the United States Congress to appropriate $475 million for a Great Lakes Restoration Initiative.

(For text of resolution, see House Journal No. 63, p. 1303.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Resolution No. 126.

A resolution to memorialize the United States Congress to enact the American Clean Energy and Security Act.

(For text of resolution, see House Journal No. 63, p. 1303.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Warren, Bledsoe, Ebli, Kennedy, Leland, Meadows, Roberts and Scripps

Nays: Reps. Meekhof, Daley, Haveman, Rick Jones and Pavlov

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

House Concurrent Resolution No. 28.

A concurrent resolution to memorialize the United States Congress to appropriate $475 million for a Great Lakes Restoration Initiative.

(For text of concurrent resolution, see House Journal No. 71, p. 1487.)

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, Rick Jones and Pavlov

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, September 10, 2009

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

Absent: Reps. Nerat and Wayne Schmidt

Excused: Reps. Nerat and Wayne Schmidt

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

House Bill No. 5234, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3829a.

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, Constan, Lemmons, Lipton, Neumann, Polidori, Segal, Sheltrown, Womack, Denby, Haveman, Lund, Moore and Rocca

Nays: None

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

House Bill No. 5235, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3801, 3803, 3807, 3809, 3811, 3815, 3819, 3831, and 3839 (MCL 500.3801, 500.3803, 500.3807, 500.3809, 500.3811, 500.3815, 500.3819, 500.3831, and 500.3839), sections 3801, 3807, 3809, 3811, 3815, 3819, 3831, and 3839 as amended by 2006 PA 462 and section 3803 as added by 1992 PA 84, and by adding sections 3807a, 3809a, 3811a, and 3819a.

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. Byrum, Young, Constan, Lemmons, Lipton, Neumann, Polidori, Segal, Sheltrown, Womack, Denby, Haveman, Lund, 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, September 10, 2009

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

Absent: Rep. Green

Excused: Rep. Green

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 4130, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 47.

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. Cushingberry, Hammel, Bauer, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 10, 2009

Present: Reps. Cushingberry, Hammel, Bauer, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Moss, Agema, Booher, Caul, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker

Absent: Reps. Bennett and Tlaib

Messages from the Senate

Senate Bill No. 773, 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 passed the bill.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Senate Bill No. 774, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 431 (MCL 208.1431), as amended by 2008 PA 111.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Senate Bill No. 777, 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 26.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Introduction of Bills

Reps. Segal, Bolger, Espinoza, Walsh, Liss and Barnett introduced

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 first time by its title and referred to the Committee on Appropriations.

Reps. Opsommer, Miller and Lindberg introduced

House Bill No. 5330, entitled

A bill to prohibit employers from making certain inquiries in the hiring process; to prohibit employment decisions based on legal ownership or use of a firearm that is unrelated to employment; and to provide remedies.

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

Reps. Opsommer, Rick Jones and Kowall introduced

House Bill No. 5331, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 391 (MCL 18.1391), as amended by 1988 PA 504.

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

Reps. Bolger, Elsenheimer, Hildenbrand, Haveman, Crawford, Caul, McMillin, Walsh, Hansen, Booher, Paul Scott, Lund, Calley, Opsommer, Pearce, Tyler, Kowall, Agema, Schuitmaker, Meekhof, Wayne Schmidt, Stamas, Moore, Proos, Daley, Pavlov, Kurtz, DeShazor, Denby, Meltzer, Haines, Knollenberg, Rick Jones, Genetski, Horn, Moss, Rogers, Marleau, Lori, Amash, Green and Ball introduced

House Bill No. 5332, 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 11 (MCL 247.661), as amended by 2002 PA 639, and by adding section 12d.

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

Reps. Tyler, Elsenheimer, Hildenbrand, Haveman, Crawford, Caul, McMillin, Walsh, Hansen, Booher, Paul Scott, Lund, Calley, Opsommer, Pearce, Bolger, Kowall, Agema, Schuitmaker, Meekhof, Wayne Schmidt, Stamas, Moore, Proos, Pavlov, Daley, Kurtz, DeShazor, Denby, Meltzer, Haines, Knollenberg, Rick Jones, Genetski, Horn, Moss, Rogers, Marleau, Lori, Amash, Green and Ball introduced

House Bill No. 5333, entitled

A bill to make, supplement, and adjust appropriations for the state transportation department for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.

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

Reps. Mayes, Roy Schmidt, Moore, Bauer, Byrum, Opsommer, Rick Jones, Agema, Calley and Meadows introduced

House Bill No. 5334, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11504, 11507a, and 11514 (MCL 324.11504, 324.11507a, and 324.11514), section 11504 as amended by 1996 PA 359, section 11507a as amended by 2004 PA 39, and section 11514 as amended by 2008 PA 394, and by adding section 11512b.

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

Reps. Wayne Schmidt, McMillin, Kowall, Denby, Haines, Tyler, DeShazor, Proos and Bolger introduced

House Bill No. 5335, entitled

A bill to amend 2008 PA 330, entitled “An act to provide for the publication of certain information regarding the establishing of alternative fuels facilities in this state; to provide for certain powers and duties for certain state agencies; and to make available to the public certain information,” by amending sections 2 and 3 (MCL 285.342 and 285.343).

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

Reps. Haines, Kowall, McMillin, Rick Jones, Agema, Wayne Schmidt, Tyler, DeShazor, Proos and Bolger introduced

House Bill No. 5336, entitled

A bill to amend 1987 PA 204, entitled “Low-level radioactive waste authority act,” by amending section 2 (MCL 333.26202), as amended by 1994 PA 434.

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

Reps. Proos, Horn, Crawford, Wayne Schmidt, Tyler, Haines, DeShazor and Lori introduced

House Bill No. 5337, entitled

A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending sections 3c, 5c, 5d, 5e, 5i, 5j, 5n, 5o, and 5p (MCL 29.3c, 29.5c, 29.5d, 29.5e, 29.5i, 29.5j, 29.5n, 29.5o, and 29.5p), as amended by 2006 PA 189.

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

Reps. McMillin, Haines, Kowall, DeShazor, Tyler and Meltzer introduced

House Bill No. 5338, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 2 (MCL 125.2652), as amended by 2007 PA 204.

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

Rep. Booher introduced

House Bill No. 5339, entitled

A bill to amend 1963 PA 42, entitled “An act to provide for the termination of dormant oil and gas interests in land owned by persons other than the owners of the surface and for the vesting of title to same in the surface owners in the absence of the filing of a notice of claim of interest within a specified period of time,” by amending section 1 (MCL 554.291), as amended by 2006 PA 519.

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

Reps. Tyler, Wayne Schmidt, DeShazor, Haines, Proos, Horn, Booher, Crawford, Paul Scott, Lund, Denby, Kowall, Rick Jones, Green, Bolger, Caul, McMillin, Lori, Stamas, Daley, Calley, Agema, Marleau, Walsh, Knollenberg and Meltzer introduced

House Bill No. 5340, entitled

A bill to amend 1998 PA 138, entitled “Hazardous materials transportation act,” by amending section 2 (MCL 29.472).

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

Reps. DeShazor, Haines, Wayne Schmidt, Tyler, Denby, Proos, Horn, Crawford, Lund, Paul Scott, Green, Lori, Agema, Rick Jones, Kowall, McMillin, Caul, Booher, Calley, Stamas, Bolger and Meltzer introduced

House Bill No. 5341, entitled

A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 22 (MCL 69.22), as amended by 1998 PA 254.

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

Reps. Kowall, Haines, McMillin, Wayne Schmidt, Meekhof, Rick Jones, Denby, Tyler, Lund, Daley, Crawford, Horn, Caul, Booher, DeShazor, Marleau and Agema introduced

House Bill No. 5342, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5478, 12103, 12501, 12521, 12541, 12544, 13716, and 16631 (MCL 333.5478, 333.12103, 333.12501, 333.12521, 333.12541, 333.12544, 333.13716, and 333.16631), section 5478 as added by 2007 PA 162, section 12103 as amended by 2006 PA 260, sections 12501 and 12521 as amended by 2004 PA 408, section 12541 as amended by 2002 PA 507, sections 12544 and 13716 as amended by 1996 PA 67, and section 16631 as added by 2008 PA 503.

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

Reps. Meltzer, Denby, Bolger, Tyler, Lund, DeShazor, Daley, Stamas, Hansen, Crawford, McMillin, Wayne Schmidt, Paul Scott, Ball, Marleau, Walsh, Knollenberg, Meekhof and Kowall introduced

House Bill No. 5343, entitled

A bill to amend 1947 PA 359, entitled “The charter township act,” by amending section 14a (MCL 42.14a), as amended by 2002 PA 230.

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

Reps. Bolger, Wayne Schmidt, Haines, Lund, Proos, Stamas, Horn, Crawford, Caul, Paul Scott, Ball, Tyler, DeShazor, Meltzer and Denby introduced

House Bill No. 5344, entitled

A bill to amend 1985 PA 227, entitled “Shared credit rating act,” by amending section 3 (MCL 141.1053), as amended by 2005 PA 93.

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

Rep. Dillon introduced

House Bill No. 5345, entitled

A bill to provide for consolidation of health benefits for public employees; to create a board to adopt a uniform public employee health benefits program; to provide for powers and duties for certain state and local government departments, agencies, boards, and officers; to require public employers that provide health benefits to employees to participate in the health benefits program; to require uniform health benefits for retirees of public employers under certain conditions; to provide for exceptions; to provide for optional participation by private entities; to allocate costs to participating public and private sector employers; to make an appropriation; to create a restricted fund; and to repeal acts and parts of acts.

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

Reps. Geiss, Polidori, Constan, Kandrevas, Walsh, Leland, Byrnes, Johnson, Jackson, LeBlanc, Bledsoe and Angerer introduced

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.

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

Reps. Byrnes, Polidori, Constan, Geiss, Kandrevas, Walsh, Leland, Johnson, Jackson, LeBlanc, Bledsoe and Angerer introduced

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.

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

Reps. Kandrevas, Polidori, Constan, Geiss, Walsh, Leland, Byrnes, Johnson, Jackson, LeBlanc, Bledsoe and Angerer introduced

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.

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

Reps. Walsh, Constan, Polidori, Kandrevas, Leland, Byrnes, Johnson, Geiss, Jackson, Bledsoe, LeBlanc and Angerer introduced

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.

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

Reps. Corriveau, Constan, Polidori, Geiss, Kandrevas, Walsh, Leland, Byrnes, Johnson, Jackson, LeBlanc, Bledsoe and Angerer introduced

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.

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

Reps. Johnson, Polidori, Constan, Geiss, Kandrevas, Walsh, Leland, Byrnes, Jackson, Bledsoe, LeBlanc and Angerer introduced

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.

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

Rep. Cushingberry introduced

House Bill No. 5352, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 30, 51, and 272 (MCL 206.30, 206.51, and 206.272), section 30 as amended by 2007 PA 154, section 51 as amended by 2007 PA 94, and section 272 as added by 2006 PA 372.

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

Rep. Cushingberry introduced

House Bill No. 5353, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3a, 4, 4a, 4d, 4k, and 9a (MCL 205.93a, 205.94, 205.94a, 205.94d, 205.94k, and 205.99a), sections 3a and 4d as amended by 2008 PA 439, section 4 as amended by 2008 PA 314, section 4a as amended by 2004 PA 172, section 4k as amended by 2006 PA 18, and section 9a as amended by 2007 PA 104.

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

Rep. Cushingberry introduced

House Bill No. 5354, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 2, 4a, 4g, 4i, and 4x (MCL 205.52, 205.54a, 205.54g, 205.54i, and 205.54x), section 2 as amended by 2004 PA 173, section 4a as amended by 2008 PA 415, section 4g as amended by 2008 PA 438, section 4i as amended by 2007 PA 105, and section 4x as amended by 2006 PA 17.

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

Rep. Cushingberry introduced

House Bill No. 5355, entitled

A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 2 and 7 (MCL 205.422 and 205.427), section 2 as amended by 2005 PA 238 and section 7 as amended by 2008 PA 458.

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

Reps. Agema, Haines, Lori, Paul Scott, Denby, Kowall, Tyler, Daley, Knollenberg, DeShazor, Meltzer, Meekhof, Hildenbrand, Elsenheimer, Pearce, Amash and Moore introduced

House Joint Resolution EE, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 13, 31, and 54 of article IV, to limit the legislative session, to provide that certain state budget bills be presented to the governor on or before a certain date, and to modify term limits for certain elected state offices.

The joint resolution was read a first time by its title and referred to the Committee on Judiciary.

Rep. Paul Scott introduced

House Joint Resolution FF, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 9 of article IV and section 5 of article XI, to provide for advice and consent on certain appointments made by the governor and certain appointments to the classified state civil service.

The joint resolution was read a first time by its title and referred to the Committee on Judiciary.

______

Rep. Huckleberry moved that the House adjourn.

The motion prevailed, the time being 5:15 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, September 15, at 10:00 a.m.

RICHARD J. BROWN

Clerk of the House of Representatives

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