No. 57

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

House Chamber, Lansing, Thursday, June 18, 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—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—present Jones, Rick—present Nerat—present Tyler—present

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

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

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

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

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

Donigan—present Kurtz—present

e/d/s = entered during session

Rep. Fred Miller, from the 31st District, offered the following invocation:

“Lord God Almighty, Maker of these beautiful peninsulas, we humbly bow before You with awe and gratitude. Awe for the wonders of Your world and gratitude for including us in Your plan. All praise, honor, and glory is Yours.

Father God, all too often we fall short of the potential You have instilled in us. We are prideful and weak, selfish and childish. We beg for Your forgiveness, patience, and strength as we try to do better.

We lift up all those in our midst who hurt, Lord. In particular, we lift up those who are fighting disease, those who mourn, and those who are without a home. May they find the blessing, favor, and comfort that comes from knowing You.

Lastly Lord, we know that Your true face is beyond our mortal ability to fathom. As such, many of our brethren call You by different names and praise You in different ways and it is truly a beautiful thing. But today, Lord, I ask this all in the name of the one You sent with Your plan, Your Holy Ambassador, the Prince of Peace, Your Son Jesus Christ

Amen.”

Messages from the Senate

The Speaker laid before the House

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 bill was received from the Senate on May 7, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 12, see House Journal No. 39, p. 820.)

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

Rep. Miller moved to substitute (H-1) the Senate substitute (S-2).

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

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

Rep. Hansen moved to amend the substitute (H-1) as follows:

1. Amend page 4, line 15, by striking out all of enacting section 1.

The question being on the adoption of the amendment offered by Rep. Hansen,

Rep. Hansen demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Hansen,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 306 Yeas—42

Agema Elsenheimer Kurtz Pavlov

Amash Genetski Lori Pearce

Ball Green Lund Proos

Bolger Haines Marleau Rogers

Booher Hansen McMillin Schmidt, W.

Calley Haveman Meekhof Schuitmaker

Caul Hildenbrand Meltzer Scott, P.

Crawford Horn Moore Stamas

Daley Jones, Rick Moss Tyler

Denby Knollenberg Opsommer Walsh

DeShazor Kowall

Nays—68

Angerer Durhal LeBlanc Schmidt, R.

Barnett Ebli Leland Scott, B.

Bauer Espinoza Lemmons Scripps

Bennett Geiss Lindberg Segal

Bledsoe Gonzales Lipton Sheltrown

Brown, L. Gregory Liss Simpson

Brown, T. Griffin Mayes Slavens

Byrnes Haase McDowell Slezak

Byrum Hammel Meadows Smith

Clemente Haugh Melton Spade

Constan Huckleberry Miller Stanley

Corriveau Jackson Nathan Switalski

Coulouris Johnson Nerat Tlaib

Cushingberry Jones, Robert Neumann Valentine

Dean Kandrevas Polidori Warren

Dillon Kennedy Roberts Womack

Donigan Lahti Rocca Young

In The Chair: Byrnes

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

The substitute (S-2), as substituted (H-1), was concurred in, a majority of the member serving voting therefor, by yeas and nays, as follows:

Roll Call No. 307 Yeas—76

Angerer Durhal Leland Schmidt, R.

Ball Ebli Lemmons Scott, B.

Barnett Espinoza Lindberg Scott, P.

Bauer Geiss Lipton Scripps

Bennett Gonzales Liss Segal

Bledsoe Gregory Lori Sheltrown

Bolger Griffin Mayes Simpson

Brown, L. Haase McDowell Slavens

Brown, T. Hammel McMillin Slezak

Byrnes Hansen Meadows Smith

Byrum Haugh Melton Spade

Clemente Huckleberry Miller Stanley

Constan Jackson Nathan Switalski

Corriveau Johnson Nerat Tlaib

Coulouris Jones, Robert Neumann Tyler

Cushingberry Kandrevas Polidori Valentine

Dean Kennedy Proos Warren

Dillon Lahti Roberts Womack

Donigan LeBlanc Rocca Young

Nays—34

Agema Elsenheimer Kowall Opsommer

Amash Genetski Kurtz Pavlov

Booher Green Lund Pearce

Calley Haines Marleau Rogers

Caul Haveman Meekhof Schmidt, W.

Crawford Hildenbrand Meltzer Schuitmaker

Daley Horn Moore Stamas

Denby Jones, Rick Moss Walsh

DeShazor Knollenberg

In The Chair: Byrnes

The House agreed to the full title.

______

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

The motion prevailed.

The Speaker laid before the House

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 bill was received from the Senate on May 7, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 12, see House Journal No. 39, p. 820.)

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

Rep. Nerat moved to substitute (H-1) the Senate substitute (S-2).

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

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

Rep. Hansen moved to amend the substitute (H-1) as follows:

1. Amend page 17, line 10, by striking out all of enacting section 1.

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,

Rep. McMillin moved to amend the substitute (H-1) as follows:

1. Amend page 17, line 10, by striking out all of enacting section 1 and 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), as substituted (H-1), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 308 Yeas—77

Angerer Espinoza Lemmons Schmidt, R.

Ball Geiss Lindberg Scott, B.

Barnett Gonzales Lipton Scott, P.

Bauer Gregory Liss Scripps

Bennett Griffin Lori Segal

Bledsoe Haase Mayes Sheltrown

Bolger Haines McDowell Simpson

Brown, L. Hammel McMillin Slavens

Brown, T. Hansen Meadows Slezak

Byrnes Haugh Melton Smith

Byrum Huckleberry Meltzer Spade

Calley Jackson Miller Stanley

Clemente Johnson Nathan Switalski

Constan Jones, Robert Nerat Tlaib

Corriveau Kandrevas Neumann Tyler

Coulouris Kennedy Polidori Valentine

Dean Lahti Proos Warren

Donigan LeBlanc Roberts Womack

Durhal Leland Rocca Young

Ebli

Nays—31

Agema Elsenheimer Kowall Pavlov

Amash Genetski Kurtz Pearce

Booher Green Lund Rogers

Caul Haveman Marleau Schmidt, W.

Crawford Hildenbrand Meekhof Schuitmaker

Daley Horn Moore Stamas

Denby Jones, Rick Moss Walsh

DeShazor Knollenberg Opsommer

In The Chair: Byrnes

The House agreed to the full title.

The Speaker laid before the House

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 bill was received from the Senate on May 7, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 12, see House Journal No. 39, p. 820.)

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

Rep. Constan moved to substitute (H-3) the Senate substitute (S-1).

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

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

Rep. Hansen moved to amend the substitute (H-3) as follows:

1. Amend page 3, line 18, by striking out all of enacting section 1.

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-1) made to the bill by the Senate,

The substitute (S-1), as substituted (H-3), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 309 Yeas—74

Angerer Ebli Lindberg Scott, B.

Ball Espinoza Lipton Scott, P.

Barnett Geiss Liss Scripps

Bauer Gonzales Lori Segal

Bennett Gregory Marleau Sheltrown

Bledsoe Griffin Mayes Simpson

Bolger Haase McDowell Slavens

Brown, L. Hammel Meadows Slezak

Brown, T. Haugh Melton Smith

Byrnes Huckleberry Miller Spade

Byrum Jackson Nathan Stanley

Calley Johnson Nerat Switalski

Clemente Jones, Robert Neumann Tlaib

Constan Kandrevas Polidori Tyler

Corriveau Kennedy Proos Valentine

Coulouris Lahti Roberts Warren

Dean LeBlanc Rocca Womack

Donigan Leland Schmidt, R. Young

Durhal Lemmons

Nays—34

Agema Genetski Kowall Opsommer

Amash Green Kurtz Pavlov

Booher Haines Lund Pearce

Caul Hansen McMillin Rogers

Crawford Haveman Meekhof Schmidt, W.

Daley Hildenbrand Meltzer Schuitmaker

Denby Horn Moore Stamas

DeShazor Jones, Rick Moss Walsh

Elsenheimer Knollenberg

In The Chair: Byrnes

The House agreed to the full title.

The Speaker laid before the House

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 bill was received from the Senate on May 7, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 12, see House Journal No. 39, p. 820.)

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

Rep. Bettie Scott moved to substitute (H-1) the Senate substitute (S-1).

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

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

Rep. Hansen moved to amend the substitute (H-1) as follows:

1. Amend page 6, line 1, by striking out all of enacting section 1.

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-1) made to the bill by the Senate,

The substitute (S-1), as substituted (H-1), was concurred in, a majority of the member serving voting therefor, by yeas and nays, as follows:

Roll Call No. 310 Yeas—76

Angerer Ebli Leland Schmidt, R.

Ball Espinoza Lemmons Scott, B.

Barnett Geiss Lindberg Scott, P.

Bauer Gonzales Lipton Scripps

Bennett Gregory Liss Segal

Bledsoe Griffin Lori Sheltrown

Bolger Haase Mayes Simpson

Brown, L. Haines McDowell Slavens

Brown, T. Hammel Meadows Slezak

Byrnes Hansen Melton Smith

Byrum Haugh Meltzer Spade

Calley Huckleberry Miller Stanley

Clemente Jackson Nathan Switalski

Constan Johnson Nerat Tlaib

Corriveau Jones, Robert Neumann Tyler

Coulouris Kandrevas Polidori Valentine

Dean Kennedy Proos Warren

Donigan Lahti Roberts Womack

Durhal LeBlanc Rocca Young

Nays—32

Agema Elsenheimer Kowall Opsommer

Amash Genetski Kurtz Pavlov

Booher Green Lund Pearce

Caul Haveman Marleau Rogers

Crawford Hildenbrand McMillin Schmidt, W.

Daley Horn Meekhof Schuitmaker

Denby Jones, Rick Moore Stamas

DeShazor Knollenberg Moss Walsh

In The Chair: Byrnes

The Speaker laid before the House

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 bill was received from the Senate on May 7, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 12, see House Journal No. 39, p. 821.)

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

Rep. Roberts moved to substitute (H-3) the Senate substitute (S-1).

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

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

Rep. Hansen moved to amend the substitute (H-3) as follows:

1. Amend page 3, line 18, by striking out all of enacting section 1.

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-1) made to the bill by the Senate,

The substitute (S-1), as substituted (H-3), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 311 Yeas—72

Angerer Ebli Leland Scott, B.

Ball Espinoza Lemmons Scott, P.

Barnett Geiss Lindberg Scripps

Bauer Gonzales Lipton Segal

Bennett Gregory Liss Sheltrown

Bledsoe Griffin Mayes Simpson

Bolger Haase McDowell Slavens

Brown, L. Hammel Meadows Slezak

Brown, T. Hansen Melton Smith

Byrnes Haugh Miller Spade

Byrum Huckleberry Nathan Stanley

Clemente Jackson Nerat Switalski

Constan Johnson Neumann Tlaib

Corriveau Jones, Robert Polidori Tyler

Coulouris Kandrevas Proos Valentine

Dean Kennedy Roberts Warren

Donigan Lahti Rocca Womack

Durhal LeBlanc Schmidt, R. Young

Nays—36

Agema Elsenheimer Kowall Moss

Amash Genetski Kurtz Opsommer

Booher Green Lori Pavlov

Calley Haines Lund Pearce

Caul Haveman Marleau Rogers

Crawford Hildenbrand McMillin Schmidt, W.

Daley Horn Meekhof Schuitmaker

Denby Jones, Rick Meltzer Stamas

DeShazor Knollenberg Moore Walsh

In The Chair: Byrnes

Second Reading of Bills

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.

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

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

Rep. Walsh moved to amend the bill as follows:

1. Amend page 16, line 12, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 539 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. 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. Angerer moved that Rep. Spade 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. 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.

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

Roll Call No. 312 Yeas—71

Angerer Ebli Lemmons Scott, B.

Ball Espinoza Lindberg Scott, P.

Barnett Geiss Lipton Scripps

Bauer Gonzales Liss Segal

Bennett Gregory Lori Sheltrown

Bledsoe Griffin Mayes Simpson

Brown, L. Haase McDowell Slavens

Brown, T. Hammel Meadows Slezak

Byrnes Haugh Melton Smith

Byrum Huckleberry Miller Stanley

Calley Jackson Nathan Switalski

Clemente Johnson Nerat Tlaib

Constan Jones, Robert Neumann Tyler

Corriveau Kandrevas Polidori Valentine

Coulouris Kennedy Proos Warren

Dean Lahti Roberts Womack

Donigan LeBlanc Rocca Young

Durhal Leland Schmidt, R.

Nays—36

Agema Elsenheimer Knollenberg Moss

Amash Genetski Kowall Opsommer

Bolger Green Kurtz Pavlov

Booher Haines Lund Pearce

Caul Hansen Marleau Rogers

Crawford Haveman McMillin Schmidt, W.

Daley Hildenbrand Meekhof Schuitmaker

Denby Horn Meltzer Stamas

DeShazor Jones, Rick Moore Walsh

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 authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, tax reverted, blighted, or functionally obsolete property; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain 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. 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.

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

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

Rep. Walsh moved to amend the bill as follows:

1. Amend page 4, line 20, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 539 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. 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. 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.

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

Roll Call No. 313 Yeas—74

Angerer Durhal Leland Schmidt, R.

Ball Ebli Lemmons Scott, B.

Barnett Espinoza Lindberg Scott, P.

Bauer Geiss Lipton Scripps

Bennett Gonzales Liss Segal

Bledsoe Gregory Lori Sheltrown

Brown, L. Griffin Mayes Simpson

Brown, T. Haase McDowell Slavens

Byrnes Hammel Meadows Slezak

Byrum Hansen Melton Smith

Calley Haugh Miller Stanley

Clemente Huckleberry Nathan Switalski

Constan Jackson Nerat Tlaib

Corriveau Johnson Neumann Tyler

Coulouris Jones, Robert Polidori Valentine

Cushingberry Kandrevas Proos Warren

Dean Kennedy Roberts Womack

Dillon Lahti Rocca Young

Donigan LeBlanc

Nays—35

Agema Elsenheimer Kowall Opsommer

Amash Genetski Kurtz Pavlov

Bolger Green Lund Pearce

Booher Haines Marleau Rogers

Caul Haveman McMillin Schmidt, W.

Crawford Hildenbrand Meekhof Schuitmaker

Daley Horn Meltzer Stamas

Denby Jones, Rick Moore Walsh

DeShazor Knollenberg Moss

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 create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,”

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. 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.

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

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

Rep. Walsh moved to amend the bill as follows:

1. Amend page 6, line 6, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 539 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. 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. 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.

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

Roll Call No. 314 Yeas—75

Angerer Durhal LeBlanc Schmidt, R.

Ball Ebli Leland Scott, B.

Barnett Espinoza Lemmons Scott, P.

Bauer Geiss Lindberg Scripps

Bennett Gonzales Lipton Segal

Bledsoe Gregory Liss Sheltrown

Brown, L. Griffin Lori Simpson

Brown, T. Haase Mayes Slavens

Byrnes Haines McDowell Slezak

Byrum Hammel Meadows Smith

Calley Hansen Melton Stanley

Clemente Haugh Miller Switalski

Constan Huckleberry Nathan Tlaib

Corriveau Jackson Nerat Tyler

Coulouris Johnson Neumann Valentine

Cushingberry Jones, Robert Polidori Warren

Dean Kandrevas Proos Womack

Dillon Kennedy Roberts Young

Donigan Lahti Rocca

Nays—34

Agema Elsenheimer Kurtz Opsommer

Amash Genetski Lund Pavlov

Bolger Green Marleau Pearce

Booher Haveman McMillin Rogers

Caul Hildenbrand Meekhof Schmidt, W.

Crawford Horn Meltzer Schuitmaker

Daley Jones, Rick Moore Stamas

Denby Knollenberg Moss Walsh

DeShazor Kowall

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 provide for the establishment of obsolete property rehabilitation districts in certain 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 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 certain local government officials; and to provide penalties,”

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. 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.

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

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

Rep. Walsh moved to amend the bill as follows:

1. Amend page 26, line 6, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 539 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. 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. 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.

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

Roll Call No. 315 Yeas—75

Angerer Durhal LeBlanc Schmidt, R.

Ball Ebli Leland Scott, B.

Barnett Espinoza Lemmons Scott, P.

Bauer Geiss Lindberg Scripps

Bennett Gonzales Lipton Segal

Bledsoe Gregory Liss Sheltrown

Brown, L. Griffin Lori Simpson

Brown, T. Haase Mayes Slavens

Byrnes Haines McDowell Slezak

Byrum Hammel Meadows Smith

Calley Hansen Melton Stanley

Clemente Haugh Miller Switalski

Constan Huckleberry Nathan Tlaib

Corriveau Jackson Nerat Tyler

Coulouris Johnson Neumann Valentine

Cushingberry Jones, Robert Polidori Warren

Dean Kandrevas Proos Womack

Dillon Kennedy Roberts Young

Donigan Lahti Rocca

Nays—34

Agema Elsenheimer Kurtz Opsommer

Amash Genetski Lund Pavlov

Bolger Green Marleau Pearce

Booher Haveman McMillin Rogers

Caul Hildenbrand Meekhof Schmidt, W.

Crawford Horn Meltzer Schuitmaker

Daley Jones, Rick Moore Stamas

Denby Knollenberg Moss Walsh

DeShazor Kowall

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. 4349, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2841 (MCL 333.2841).

The bill was read a second time.

Rep. Amash moved to substitute (H-2) the bill.

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4349, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2841 (MCL 333.2841).

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

Roll Call No. 316 Yeas—108

Agema Durhal Kurtz Polidori

Amash Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Genetski Lindberg Schmidt, R.

Bennett Gonzales Lipton Schmidt, W.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scott, B.

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen McMillin Simpson

Calley Haugh Meadows Slavens

Caul Haveman Meekhof Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Stamas

Corriveau Huckleberry Miller Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Donigan Kowall Pearce Young

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

Senate Bill No. 151, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16335, 17801, 17820, and 17821 (MCL 333.16335, 333.17801, 333.17820, and 333.17821), section 16335 as added by 1993 PA 80, section 17801 as amended by 1987 PA 213, and sections 17820 and 17821 as amended by 2006 PA 387, and by adding sections 17823, 17824, 17825, 17826, and 17827.

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. 151, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16335, 17801, 17820, and 17821 (MCL 333.16335, 333.17801, 333.17820, and 333.17821), section 16335 as added by 1993 PA 80, section 17801 as amended by 1987 PA 213, and sections 17820 and 17821 as amended by 2006 PA 387, and by adding sections 17823, 17824, 17825, 17826, and 17827.

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

Roll Call No. 317 Yeas—107

Agema Ebli Lahti Proos

Angerer Elsenheimer LeBlanc Roberts

Ball Espinoza Leland Rocca

Barnett Geiss Lemmons Rogers

Bauer Genetski Lindberg Schmidt, R.

Bennett Gonzales Lipton Schmidt, W.

Bledsoe Green Liss Schuitmaker

Bolger Gregory Lori Scott, B.

Booher Griffin Lund Scott, P.

Brown, L. Haase Marleau Scripps

Brown, T. Haines Mayes Segal

Byrnes Hammel McDowell Sheltrown

Byrum Hansen McMillin Simpson

Calley Haugh Meadows Slavens

Caul Haveman Meekhof Slezak

Clemente Hildenbrand Melton Smith

Constan Horn Meltzer Stamas

Corriveau Huckleberry Miller Stanley

Coulouris Jackson Moore Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Opsommer Warren

DeShazor Knollenberg Pavlov Womack

Donigan Kowall Pearce Young

Durhal Kurtz Polidori

Nays—1

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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

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. 4450, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 710d (MCL 257.710d), as amended by 1999 PA 29.

The bill was read a second time.

Rep. Bolger 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. DeShazor 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. 4450, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 710d (MCL 257.710d), as amended by 1999 PA 29.

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

Roll Call No. 318 Yeas—101

Angerer Espinoza Lahti Proos

Ball Geiss LeBlanc Roberts

Barnett Genetski Leland Rocca

Bauer Gonzales Lemmons Rogers

Bennett Green Lindberg Schmidt, R.

Bledsoe Gregory Lipton Schmidt, W.

Bolger Griffin Liss Schuitmaker

Booher Haase Lori Scott, B.

Brown, L. Haines Lund Scott, P.

Brown, T. Hammel Marleau Scripps

Byrnes Hansen Mayes Segal

Byrum Haugh McDowell Sheltrown

Clemente Haveman Meadows Simpson

Constan Hildenbrand Meekhof Slavens

Corriveau Horn Melton Slezak

Coulouris Huckleberry Meltzer Smith

Crawford Jackson Miller Stanley

Cushingberry Johnson Moss Switalski

Daley Jones, Rick Nathan Tlaib

Dean Jones, Robert Nerat Tyler

Denby Kandrevas Neumann Valentine

DeShazor Kennedy Opsommer Walsh

Donigan Knollenberg Pavlov Warren

Durhal Kowall Pearce Womack

Ebli Kurtz Polidori Young

Elsenheimer

Nays—7

Agema Calley McMillin Stamas

Amash Caul Moore

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

Reports of Standing Committees

The Committee on Regulatory Reform, by Rep. Johnson, Chair, reported

House Bill No. 4998, entitled

A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending sections 11 and 19 (MCL 141.1361 and 141.1369).

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. Johnson, Haugh, Byrnes, Melton, Bettie Scott, Stanley and Rick Jones

Nays: Rep. Rocca

Second Reading of Bills

House Bill No. 4998, entitled

A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending sections 11 and 19 (MCL 141.1361 and 141.1369).

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

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

Rep. Jackson moved to amend the bill as follows:

1. Amend page 23, line 16, after the second “TO” by inserting “AND CONTROL OF”.

2. Amend page 26, line 11, after “OF” by striking out “A LOCAL GOVERNMENT” and inserting “THE QUALIFIED CITY”.

3. Amend page 26, line 12, after “FACILITY” by striking out “IN THE QUALIFIED METROPOLITAN AREA”.

4. Amend page 26, line 13, after the second “THE” by striking out “LOCAL GOVERNMENT” and inserting “QUALIFIED CITY”.

5. Amend page 26, line 17, after “THE” by striking out “LOCAL GOVERNMENT” and inserting “QUALIFIED CITY”.

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

Rep. Jackson moved to amend the bill as follows:

1. Amend page 4, line 15, after “management” by striking out the comma and inserting “AND”.

2. Amend page 4, line 15, after “operation” by striking out the comma and “and development”.

3. Amend page 23, line 1, after “including” by striking out the comma and the balance of the line through “to,” on line 2.

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

Rep. Jackson 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. 4998, entitled

A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending sections 11 and 19 (MCL 141.1361 and 141.1369).

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

Roll Call No. 319 Yeas—66

Angerer Durhal Lahti Roberts

Barnett Ebli LeBlanc Schmidt, R.

Bauer Espinoza Leland Scripps

Bennett Geiss Lemmons Segal

Bledsoe Gonzales Lindberg Sheltrown

Brown, L. Gregory Lipton Simpson

Brown, T. Griffin Liss Slavens

Byrnes Haase Mayes Slezak

Byrum Hammel McDowell Smith

Clemente Haugh Meadows Stanley

Constan Huckleberry Melton Switalski

Corriveau Jackson Miller Tlaib

Coulouris Johnson Nathan Valentine

Cushingberry Jones, Rick Nerat Walsh

Dean Jones, Robert Neumann Warren

Dillon Kandrevas Polidori Womack

Donigan Kennedy

Nays—43

Agema Elsenheimer Lori Proos

Amash Genetski Lund Rocca

Ball Green Marleau Rogers

Bolger Haines McMillin Schmidt, W.

Booher Hansen Meekhof Schuitmaker

Calley Haveman Meltzer Scott, B.

Caul Hildenbrand Moore Scott, P.

Crawford Horn Moss Stamas

Daley Knollenberg Opsommer Tyler

Denby Kowall Pavlov Young

DeShazor Kurtz Pearce

In The Chair: Byrnes

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

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

A bill to amend 2008 PA 554, entitled “Regional convention facility authority act,” by amending sections 5, 7, 11, and 19 (MCL 141.1355, 141.1357, 141.1361, and 141.1369).

The motion prevailed.

The House agreed to the title as amended.

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

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Regulatory Reform, by Rep. Johnson, Chair, reported

Senate Bill No. 587, entitled

A bill to amend 1985 PA 106, entitled “State convention facility development act,” by amending sections 3, 8, 9, 10, and 12 (MCL 207.623, 207.628, 207.629, 207.630, and 207.632), as amended by 2008 PA 553.

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. Johnson, Haugh, Byrnes, Melton, Bettie Scott, Stanley and Rick Jones

Nays: Rep. Rocca

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Johnson, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Thursday, June 18, 2009

Present: Reps. Johnson, Haugh, Byrnes, Melton, Bettie Scott, Stanley, Rocca, Crawford, Rick Jones and Stamas

Absent: Rep. Griffin

Excused: Rep. Griffin

______

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 587, entitled

A bill to amend 1985 PA 106, entitled “State convention facility development act,” by amending sections 3, 8, 9, 10, and 12 (MCL 207.623, 207.628, 207.629, 207.630, and 207.632), as amended by 2008 PA 553.

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

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

Rep. Miller moved to amend the bill as follows:

1. Amend page 7, following line 21, by inserting:

“(5) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (2), IF THE TRANSFER OR LEASE OF A QUALIFIED CONVENTION FACILITY TO A REGIONAL CONVENTION AUTHORITY IS DISAPPROVED BY A QUALIFIED CITY UNDER SECTION 19(1) OF THE REGIONAL CONVENTION FACILITY AUTHORITY ACT, 2008 PA 554, MCL 141.1369, AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, THEN A DISTRIBUTION FROM THE CONVENTION FACILITY DEVELOPMENT FUND OF PROCEEDS RECEIVED UNDER SECTION 5(B)(iii) OF THE HEALTH AND SAFETY FUND ACT, 1987 PA 264, MCL 141.475, 36% OF WHICH SHALL BE MADE TO A QUALIFIED LOCAL GOVERNMENTAL UNIT, 40% OF WHICH SHALL BE MADE TO A BUILDING AUTHORITY FOR A COUNTY HAVING A POPULATION OF NOT LESS THAN 1,000,000 AND NOT MORE THAN 1,500,000 ACCORDING TO THE MOST RECENT FEDERAL DECENNIAL CENSUS FOR THE PURPOSE OF DEVELOPING, LEASING, OR OPERATING A CONVENTION FACILITY AS DEFINED IN THIS ACT, AND 24% OF WHICH SHALL BE MADE TO A COUNTY HAVING A POPULATION OF NOT LESS THAN 700,000 AND NOT MORE THAN 950,000 ACCORDING TO THE MOST RECENT FEDERAL DECENNIAL CENSUS FOR THE PURPOSE OF DEVELOPING, LEASING, OR OPERATING A FACILITY THAT HOSTS CONVENTIONS, AND NO OTHER QUALIFIED LOCAL GOVERNMENTAL UNIT IS ENTITLED TO ANY DISTRIBUTION OF PROCEEDS RECEIVED UNDER SECTION 5(B)(iii) OF THE HEALTH AND SAFETY FUND ACT, 1987 PA 264, MCL 141.475.”.

The question being on the adoption of the amendment offered by Rep. Miller,

Rep. Miller demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Miller,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 320 Yeas—23

Amash Genetski Lipton Miller

Ball Gregory Liss Pearce

Bennett Haase Lund Roberts

Brown, L. Hammel Meadows Rocca

Denby Haugh Melton Switalski

Donigan Jones, Rick Meltzer

Nays—85

Agema Durhal Lahti Schmidt, R.

Angerer Ebli LeBlanc Schmidt, W.

Barnett Elsenheimer Leland Schuitmaker

Bauer Espinoza Lemmons Scott, B.

Bledsoe Geiss Lindberg Scott, P.

Bolger Gonzales Lori Scripps

Booher Green Marleau Segal

Brown, T. Haines Mayes Sheltrown

Byrnes Hansen McDowell Simpson

Byrum Haveman McMillin Slavens

Calley Hildenbrand Meekhof Slezak

Caul Horn Moore Smith

Clemente Huckleberry Moss Stamas

Constan Jackson Nathan Stanley

Corriveau Johnson Nerat Tlaib

Coulouris Jones, Robert Neumann Tyler

Crawford Kandrevas Opsommer Valentine

Cushingberry Kennedy Pavlov Walsh

Daley Knollenberg Polidori Warren

Dean Kowall Proos Womack

DeShazor Kurtz Rogers Young

Dillon

In The Chair: Byrnes

Rep. Melton moved to amend the bill as follows:

1. Amend page 7, line 24, after “9” by inserting a comma and “EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5),”.

2. Amend page 14, following line 17, by inserting:

“(5) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (2), IF THE TRANSFER OR LEASE OF A QUALIFIED CONVENTION FACILITY TO A REGIONAL CONVENTION AUTHORITY IS DISAPPROVED BY A QUALIFIED CITY UNDER SECTION 19(1) OF THE REGIONAL CONVENTION FACILITY AUTHORITY ACT, 2008 PA 554, MCL 141.1369, AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, THEN A DISTRIBUTION FROM THE CONVENTION FACILITY DEVELOPMENT FUND OF AVAILABLE FUNDS SHALL BE MADE TO A COUNTY THAT HAS A POPULATION OF 700,000 OR MORE ACCORDING TO THE MOST RECENT FEDERAL DECENNIAL CENSUS TO FUND THE CONSTRUCTION AND DEVELOPMENT OF A CONVENTION FACILITY OR A FACILITY THAT HOUSES CONVENTIONS AS DETERMINED BY THE STATE ADMINISTRATIVE BOARD DESCRIBED IN 1921 PA 2, MCL 17.1 TO 17.3. THE STATE ADMINISTRATIVE BOARD, BASED ON A COMPETITIVE APPLICATION PROCESS, SHALL SELECT THE FACILITY TO BE FUNDED UNDER THIS SUBSECTION. A FACILITY THAT IS OPEN TO THE PUBLIC AND HAS A CAPACITY OF MORE THAN 80,000 THAT IS LOCATED IN A CITY WITH A POPULATION OF MORE THAN 60,000 AND LESS THAN 70,000 ACCORDING TO THE MOST RECENT FEDERAL DECENNIAL CENSUS THAT IS LOCATED IN A COUNTY DESCRIBED IN THIS SUBSECTION SHALL BE CONSIDERED BY THE STATE ADMINISTRATIVE BOARD.”.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 587, entitled

A bill to amend 1985 PA 106, entitled “State convention facility development act,” by amending sections 3, 8, 9, 10, and 12 (MCL 207.623, 207.628, 207.629, 207.630, and 207.632), as amended by 2008 PA 553.

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

Roll Call No. 321 Yeas—66

Angerer Donigan Lahti Roberts

Ball Durhal LeBlanc Schmidt, R.

Barnett Ebli Leland Scripps

Bauer Espinoza Lemmons Segal

Bennett Geiss Lindberg Sheltrown

Bledsoe Gonzales Lipton Simpson

Brown, L. Gregory Liss Slavens

Brown, T. Haase Mayes Slezak

Byrnes Hammel McDowell Smith

Byrum Haugh Meadows Stanley

Clemente Huckleberry Melton Switalski

Constan Jackson Miller Tlaib

Corriveau Johnson Nathan Valentine

Coulouris Jones, Rick Nerat Walsh

Cushingberry Jones, Robert Neumann Warren

Dean Kandrevas Polidori Womack

Dillon Kennedy

Nays—42

Agema Genetski Lund Proos

Amash Green Marleau Rocca

Bolger Haines McMillin Rogers

Booher Hansen Meekhof Schmidt, W.

Calley Haveman Meltzer Schuitmaker

Caul Hildenbrand Moore Scott, B.

Crawford Horn Moss Scott, P.

Daley Knollenberg Opsommer Stamas

Denby Kowall Pavlov Tyler

DeShazor Kurtz Pearce Young

Elsenheimer Lori

In The Chair: Byrnes

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

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

A bill to amend 1985 PA 106, entitled “An act to impose a state excise tax on persons engaged in the business of providing rooms for dwelling, lodging, or sleeping purposes to transient guests in certain counties; to provide for the levy, assessment, and collection of the tax; to provide for the disposition and appropriation of the collections from the tax; to create a convention facility development fund; to authorize the distributions from the fund; to authorize the use of distributions from the tax as security for any bonds, obligations, or other evidences of indebtedness issued to finance convention facilities as provided by law; to prescribe certain other matters relating to bonds, obligations, or other evidences of indebtedness issued for such purposes,” by amending sections 3, 8, 9, and 10 (MCL 207.623, 207.628, 207.629, and 207.630), as amended by 2008 PA 553.

The motion prevailed.

The House agreed to the title as amended.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Angerer moved that Rule 42 be suspended.

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

Rep. Angerer moved that the Committee on Appropriations be discharged from further consideration of House Bill No. 4446.

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. 4446, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

The bill was read a second time.

Rep. Lahti 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. Roberts moved to amend the bill as follows:

1. Amend page 14, following line 3, by inserting:

“Water quality monitoring....................................................................................................... 100”.

2. Amend page 14, following line 16, by inserting:

“Settlement funds.................................................................................................................... 100”

and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Stamas moved to amend the bill as follows:

1. Amend page 47, following line 5, by inserting:

“Sec. 231. Any permit application that has been submitted to and pending with the department for a period of 2 years or more shall be considered administratively complete effective January 1, 2010.”.

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

Rep. Rogers moved to amend the bill as follows:

1. Amend page 47, following line 5, by inserting:

“Sec. 231. (1) From the funds appropriated in part 1, the department shall develop, post, and maintain on a user-friendly and publicly accessible Internet site, all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made.

(2) From the funds appropriated in part 1, the department shall not spend more than $25,000.00 to implement this section and shall not cause essential services to be diminished.”.

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

Rep. Rogers moved to amend the bill as follows:

1. Amend page 47, following line 5, by inserting:

“Sec. 231. By April 1, 2009, the department shall submit to the senate and house appropriations subcommittees on natural resources and environmental quality, the senate and house fiscal agencies, and the state budget director a plan for replacement of failing or obsolete computer and database systems, including a schedule for system replacement and cost estimates.”.

2. Amend page 48, following line 12, by inserting:

“Sec. 306. The department shall not expend funds appropriated in part 1 if using operational memoranda or other similar documents that are in draft form to impose regulations on individuals or businesses conducting environmental cleanup projects, except as provided in part 213 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.21301 to 324.21331, or when there is written consent between the department and the individual or business.”.

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

Rep. Angerer moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Rogers.

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

The question being on the adoption of the amendment offered previously by Rep. Rogers,

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

Rep. Lahti 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. 4446, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

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

Roll Call No. 322 Yeas—78

Agema Dillon Knollenberg Pavlov

Amash Durhal Kowall Polidori

Angerer Elsenheimer Kurtz Proos

Ball Espinoza Lahti Rocca

Bennett Genetski LeBlanc Rogers

Bolger Gonzales Lemmons Schmidt, R.

Booher Green Lindberg Schmidt, W.

Brown, T. Gregory Lipton Schuitmaker

Calley Haines Lori Scott, P.

Caul Hammel Lund Scripps

Clemente Hansen Marleau Segal

Constan Haugh Mayes Simpson

Corriveau Haveman McMillin Slezak

Coulouris Hildenbrand Meekhof Stamas

Crawford Horn Melton Stanley

Cushingberry Huckleberry Meltzer Switalski

Daley Johnson Moore Tyler

Dean Jones, Rick Moss Walsh

Denby Jones, Robert Neumann Womack

DeShazor Kandrevas

Nays—30

Barnett Geiss Miller Sheltrown

Bauer Haase Nathan Slavens

Bledsoe Jackson Nerat Smith

Brown, L. Kennedy Opsommer Tlaib

Byrnes Leland Pearce Valentine

Byrum Liss Roberts Warren

Donigan McDowell Scott, B. Young

Ebli Meadows

In The Chair: Byrnes

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

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

A bill to make appropriations for the departments of environmental quality and natural resources for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

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

“Mr. Speaker and members of the House:

Mr. Speaker and members of the House of Representatives:

Thank you for the opportunity to explain my opposition to House Bill 4446.

Almost every day as I drive to and from Capitol it seems I hear Tim Allen’s voice on the radio, urging people outside of the state to come to ‘Pure Michigan’ for their vacation and reminding those of us who live here everyday what we often take for granted.

I am a strong proponent of that campaign and of our efforts to increase tourism to our beautiful state because I believe that we are extremely privileged to live in Michigan, the Great Lakes state with vast natural wealth and pristine waterways. More importantly, however I believe that with these tremendous natural resources comes great responsibility - that we, as public servants in this state, must act as vigilant stewards of the environment, always working to ensure that we are able to hand down to the next generation Michigan’s legacy of health, history, and exceptional beauty.

As Chair of the House Committee on Great Lakes and the Environment, I believe that House Bill 4446 and the severe cuts it inflicts upon the Departments of Natural Resources and Environmental Quality flies in the very face of this stewardship.

While I am well aware of the dire financial constraints we are under in the state of Michigan, I cannot, in good conscience, vote for a budget that eliminates our Wetlands Regulatory Program and makes such significant cuts to critical programs like the landmark Water Withdrawal Assessment Program, the Radiological Protection Program, Aquatic Nuisance Control Program, Pollution Prevention/Compliance Assistance Program, On-Site Wastewater Program and the Hazardous Waste Management Program.

It is my hope that you will join me in rejecting these cuts - which are sure to have an impact not only on our environment, but also on our economy, and the health and safety of our citizens - and hold true to the values that we espouse on the radio and in the news and protect ‘Pure Michigan.’

Thank you.”

Second Reading of Bills

Pending the Second Reading of

House Bill No. 4311, 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.

Rep. Cushingberry moved that the bill be re-referred to the Committee on Appropriations.

The motion prevailed.

House Bill No. 4310, 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.

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

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

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

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

Rep. Angerer moved to amend the bill as follows:

1. Amend page 3, following line 18, by inserting:

“CAPITAL OUTLAY

Sec. 251. The design scope of the skilled trades training complex project at Washtenaw community college, authorized for planning in 2008 PA 278, is hereby revised to renovation of occupation education and advanced manufacturing buildings for the purposes of supporting occupational education and training. The project title is hereby revised to skilled trades training program renovations. The total estimated cost of this project is $14,800,000 (state share $7,400,000; community college share $7,400,000).”.

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

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

The motion prevailed.

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

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

______

Rep. Pearce moved that Rep. Hildenbrand 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. 4310, 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.

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

Roll Call No. 323 Yeas—66

Angerer Durhal Leland Schmidt, R.

Barnett Ebli Lemmons Scott, B.

Bauer Espinoza Lindberg Scripps

Bennett Geiss Lipton Segal

Bledsoe Gonzales Liss Sheltrown

Brown, L. Gregory Mayes Simpson

Brown, T. Haase McDowell Slavens

Byrnes Hammel Meadows Slezak

Byrum Haugh Melton Smith

Clemente Huckleberry Miller Stanley

Constan Jackson Nathan Switalski

Corriveau Johnson Nerat Tlaib

Coulouris Jones, Robert Neumann Valentine

Cushingberry Kandrevas Polidori Warren

Dean Kennedy Roberts Womack

Dillon Lahti Rocca Young

Donigan LeBlanc

Nays—41

Agema Elsenheimer Kurtz Pavlov

Amash Genetski Lori Pearce

Ball Green Lund Proos

Bolger Haines Marleau Rogers

Booher Hansen McMillin Schmidt, W.

Calley Haveman Meekhof Schuitmaker

Caul Horn Meltzer Scott, P.

Crawford Jones, Rick Moore Stamas

Daley Knollenberg Moss Tyler

Denby Kowall Opsommer Walsh

DeShazor

In The Chair: Byrnes

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

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

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

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, June 18:

House Bill Nos. 5111 5112 5113 5114 5115 5116 5117 5118 5119 5120 5121 5122 5123 5124

Senate Bill Nos. 642 643 644 645 646

The Clerk announced that the following Senate bills had been received on Thursday, June 18:

Senate Bill Nos. 204 219 248 436 483

Reports of Standing Committees

The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported

Senate Bill No. 583, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 142 (MCL 389.142), as amended by 2008 PA 237.

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. Coulouris, Scripps, Clemente, Nathan, Booher and Kowall

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Coulouris, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Thursday, June 18, 2009

Present: Reps. Coulouris, Scripps, Clemente, Nathan, Booher and Kowall

Absent: Reps. Johnson, Mayes, Calley and Marleau

Excused: Reps. Johnson, Mayes, Calley and Marleau

The Committee on Transportation, by Rep. Byrnes, Chair, reported

House Bill No. 4770, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1061.

With the recommendation that the bill be referred to the Committee on Military and Veterans Affairs and Homeland Security.

Favorable Roll Call

To Report Out:

Yeas: Reps. Byrnes, Kandrevas, Geiss, Griffin, Haugh, Nerat, Roy Schmidt, Young, Opsommer, DeShazor and Wayne Schmidt

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Military and Veterans Affairs and Homeland Security.

The Committee on Transportation, by Rep. Byrnes, Chair, reported

House Bill No. 5122, entitled

A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 2, 7, 7a, 11a, 17, 18, and 21 (MCL 252.302, 252.307, 252.307a, 252.311a, 252.317, 252.318, and 252.321), sections 2, 7, 17, and 18 as amended and section 11a as added by 2006 PA 448 and section 7a as added by 2006 PA 447.

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. Byrnes, Kandrevas, Donigan, Geiss, Griffin, Haugh, Leland, Nerat, Roy Schmidt, Young, Bolger, DeShazor, Knollenberg, 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, June 18, 2009

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

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

House Bill No. 4787, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 5 and 1280 (MCL 380.5 and 380.1280), section 5 as amended by 2005 PA 61 and section 1280 as amended by 2006 PA 123, and by adding sections 1280c and 1320 and part 6d.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Melton, Lisa Brown, Bledsoe, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Sheltrown, Valentine, Pavlov, Amash, Ball, McMillin and Walsh

Nays: None

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

House Bill No. 4788, entitled

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

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Melton, Lisa Brown, Bledsoe, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown and Valentine

Nays: Reps. Pavlov, Amash, DeShazor and McMillin

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

House Bill No. 4789, 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 2008 PA 268.

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. Melton, Lisa Brown, Bledsoe, Corriveau, Geiss, Haase, Kennedy, Lindberg, Nathan, Polidori, Roberts, Sheltrown, Valentine, Pavlov, Amash, Ball, DeShazor and Walsh

Nays: None

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

House Bill No. 4806, entitled

A bill to provide education assistance for certain entrepreneurship courses and training; and to prescribe the powers and duties of certain state and local governmental officers and entities.

With the recommendation that the bill be referred to the Committee on Commerce.

Favorable Roll Call

To Report Out:

Yeas: 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

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Commerce.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, June 18, 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

Senate Bill No. 204, entitled

A bill to amend 1985 PA 148, entitled “Self-service storage facility act,” by amending sections 2, 3, 4, and 5 (MCL 570.522, 570.523, 570.524, and 570.525), as amended by 2000 PA 443.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Military and Veterans Affairs and Homeland Security.

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 Senate has passed the bill.