No. 83

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Thursday, September 23, 2010.

10:00 a.m.

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

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

Agema—present Durhal—present Kurtz—present Proos—present

Amash—present Ebli—present Lahti—present Roberts—present

Angerer—present Elsenheimer—present LeBlanc—present Rocca—present

Ball—present Espinoza—present Leland—present Rogers—present

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

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

Bennett—present Gonzales—present Lipton—present Schuitmaker—present

Bledsoe—present Green—present Liss—present Scott, B.—excused

Bolger—present Gregory—excused Lori—present Scott, P.—present

Booher—present Griffin—present Lund—present Scripps—present

Brown, L.—present Haase—present Marleau—present Segal—present

Brown, T.—present Haines—present Mayes—present Sheltrown—present

Byrnes—present Hammel—present McDowell—present Slavens—present

Byrum—present Hansen—present McMillin—present Slezak—present

Calley—present Haugh—present Meadows—present Smith—present

Caul—present Haveman—present Meekhof—present Spade—present

Clemente—present Hildenbrand—present Melton—present Stamas—present

Constan—present Horn—present Meltzer—present Stanley—present

Corriveau—present Huckleberry—present Miller—present Switalski—present

Crawford—present Jackson—present Moss—present Tlaib—present

Cushingberry—present Johnson—present Nathan—present Tyler—present

Daley—present Jones, Rick—present Nerat—present Valentine—present

Dean—present Jones, Robert—present Neumann—present Walsh—present

Denby—present Kandrevas—present Opsommer—present Warren—present

DeShazor—present Kennedy—present Pavlov—present Womack—present

Dillon—e/d/s Knollenberg—present Pearce—present Young—present

Donigan—present Kowall—present Polidori—present

e/d/s = entered during session

Rep. Barb Byrum, from the 67th District, offered the following invocation:

“A spiritual person once said:

Keep your thoughts positive because your thoughts become your words.

Keep your words positive because your words become your behaviors.

Keep your behaviors positive because your behaviors become your habits.

Keep your habits positive because your habits become your values.

Keep your values positive because your values become your destiny.

I ask you join me in a moment of silence to reflect on how our individual beliefs should guide us towards the best for all people.

Thank you.”

______

Rep. Angerer moved that Reps. Gregory and Bettie Scott be excused from today’s session.

The motion prevailed.

Second Reading of Bills

House Bill No. 5368, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8501, 8517, and 8520 (MCL 324.8501, 324.8517, and 324.8520), section 8501 as amended by 2008 PA 13, section 8517 as amended by 2008 PA 14, and section 8520 as added by 2006 PA 503, and by adding sections 8512b and 8512f.

The bill was read a second time.

Rep. Meekhof moved to substitute (H-1) the bill.

The question being on the adoption of the substitute (H-1) offered by Rep. Meekhof,

Rep. Meekhof demanded the yeas and nays,

The demand was not supported.

The question being on the adoption of the substitute (H-1) offered by Rep. Meekhof,

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

Rep. Terry Brown 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. Terry Brown moved to amend the bill as follows:

1. Amend page 5, line 12, after “BEGINNING” by striking out “JULY 1, 2011” and inserting “OCTOBER 1, 2011”.

2. Amend page 5, line 17, after “LABORATORY” by striking out the balance of the line through all of line 19 and inserting “EXPERIENCED IN CONDUCTING TESTS FOR PHOSPHORUS THAT ADHERE TO RECOGNIZED NATIONAL STANDARDS”.

3. Amend page 6, line 17, after “LABORATORY” by striking out the balance of the line through all of line 19 and inserting “EXPERIENCED IN CONDUCTING TESTS FOR PHOSPHORUS THAT ADHERE TO RECOGNIZED NATIONAL STANDARDS”.

4. Amend page 7, line 12, after “SPREADER” by striking out the balance of the line through “SURFACE” on line 13 and inserting “THAT IS USED TO APPLY FERTILIZER TO TURF IN A MANNER”.

5. Amend page 8, line 3, after “REPRESENTATIVES,” by inserting “FERTILIZER RETAILERS,”.

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

Rep. Terry Brown 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. 5368, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8501, 8517, and 8520 (MCL 324.8501, 324.8517, and 324.8520), section 8501 as amended by 2008 PA 13, section 8517 as amended by 2008 PA 14, and section 8520 as added by 2006 PA 503, and by adding sections 8512b and 8512f.

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

Roll Call No. 407 Yeas—63

Angerer Ebli Leland Schmidt, R.

Barnett Espinoza Lemmons Scripps

Bauer Geiss Lindberg Segal

Bennett Gonzales Lipton Sheltrown

Bledsoe Griffin Liss Slavens

Brown, L. Haase Mayes Slezak

Brown, T. Hammel McDowell Smith

Byrnes Haugh Meadows Spade

Byrum Huckleberry Melton Stanley

Clemente Jackson Miller Switalski

Constan Johnson Nathan Tlaib

Corriveau Jones, Robert Nerat Valentine

Cushingberry Kandrevas Neumann Warren

Dean Kennedy Polidori Womack

Donigan Lahti Roberts Young

Durhal LeBlanc Rocca

Nays—41

Agema Elsenheimer Kowall Pavlov

Amash Genetski Kurtz Pearce

Ball Green Lori Proos

Bolger Haines Lund Rogers

Booher Hansen Marleau Schmidt, W.

Calley Haveman McMillin Schuitmaker

Caul Hildenbrand Meekhof Scott, P.

Crawford Horn Meltzer Stamas

Daley Jones, Rick Moss Tyler

Denby Knollenberg 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 amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8501, 8517, and 8520 (MCL 324.8501, 324.8517, and 324.8520), section 8501 as amended by 2008 PA 13, section 8517 as amended by 2008 PA 14, and section 8520 as added by 2006 PA 503, and by adding sections 8512b, 8512f, and 8512g.

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.

Reps. Calley and Meekhof, having reserved the right to explain their protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted against House Bill 5368 because an outright ban unnecessarily ties the hands of the agriculture industry and residential users.

A $500 fine on an individual who may inadvertently use phosphorous also is excessive. There are some circumstances when phosphorous is a necessary application. The bill makes it more difficult for an individual who needs to apply a higher level of phosphorous in order to maintain a healthy lawn to do so absent government regulations.

Due to these reasons, I cannot vote in favor of this legislation as it is currently written.”

Reps. Elsenheimer and Knollenberg, having reserved the right to explain their protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted against House Bill 5368 because an outright ban unnecessarily ties the hands of the agriculture industry and residential users.

A $500 fine on an individual who may inadvertently use phosphorous also is excessive. There are some circumstances when phosphorous is a necessary application. The bill makes it more difficult for an individual who needs to apply a higher level of phosphorous in order to maintain a healthy lawn to do so absent government regulations.

I would have supported the legislation if the House had approved a substitute sponsored by Rep. Meekhof. The substitute encompassed an agreement made with industry experts that would have implemented common-sense reforms while protecting the environment.

Due to these reasons, I cannot vote in favor of this legislation as it is currently written.”

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

“Mr. Speaker and members of the House:

I voted against House Bill 5368 because an outright ban unnecessarily ties the hands of the agriculture industry and residential users.

I would have supported the legislation if the House had approved a substitute sponsored by Rep. Meekhof. The substitute encompassed an agreement made with industry experts that would have implemented common-sense reforms while protecting the environment.

Due to these reasons, I could not vote in favor of this legislation as it is currently written.”

Second Reading of Bills

House Bill No. 5977, entitled

A bill to amend 1957 PA 200, entitled “An act to provide for the creation by 2 or more municipalities of an intermunicipality committee for the purpose of studying area problems; and to provide authority for the committee to receive gifts and grants,” by amending section 2 (MCL 123.632).

The bill was read a second time.

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. 5977, entitled

A bill to amend 1957 PA 200, entitled “An act to provide for the creation by 2 or more municipalities of an intermunicipality committee for the purpose of studying area problems; and to provide authority for the committee to receive gifts and grants,” by amending section 2 (MCL 123.632).

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

Roll Call No. 408 Yeas—95

Angerer Ebli Lahti Roberts

Ball Elsenheimer LeBlanc Rocca

Barnett Espinoza Leland Rogers

Bauer Geiss Lemmons Schmidt, R.

Bennett Gonzales Lindberg Schmidt, W.

Bledsoe Green Lipton Schuitmaker

Bolger Griffin Liss Scott, P.

Booher Haase Lori Scripps

Brown, L. Haines Lund Segal

Brown, T. Hammel Marleau Slavens

Byrnes Hansen Mayes Slezak

Byrum Haugh McDowell Smith

Calley Hildenbrand Meadows Spade

Clemente Horn Melton Stamas

Constan Huckleberry Meltzer Stanley

Corriveau Jackson Miller Switalski

Crawford Johnson Moss Tlaib

Cushingberry Jones, Rick Nathan Tyler

Daley Jones, Robert Nerat Valentine

Dean Kandrevas Neumann Walsh

Denby Kennedy Pavlov Warren

DeShazor Knollenberg Pearce Womack

Donigan Kowall Polidori Young

Durhal Kurtz Proos

Nays—9

Agema Genetski McMillin Opsommer

Amash Haveman Meekhof Sheltrown

Caul

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. 5979, entitled

A bill to amend 2004 PA 530, entitled “Historical neighborhood tax increment finance authority act,” by amending section 3 (MCL 125.2843).

The bill was read a second time.

Rep. Clemente 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. 5979, entitled

A bill to amend 2004 PA 530, entitled “Historical neighborhood tax increment finance authority act,” by amending section 3 (MCL 125.2843).

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

Roll Call No. 409 Yeas—79

Angerer Ebli Knollenberg Rogers

Ball Elsenheimer Lahti Schmidt, R.

Barnett Espinoza LeBlanc Schmidt, W.

Bauer Geiss Leland Schuitmaker

Bennett Gonzales Lemmons Scripps

Bledsoe Green Lindberg Segal

Booher Griffin Lipton Slavens

Brown, L. Haase Liss Slezak

Brown, T. Haines Mayes Smith

Byrnes Hammel McDowell Spade

Byrum Hansen Meadows Stanley

Clemente Haugh Melton Switalski

Constan Hildenbrand Miller Tlaib

Corriveau Huckleberry Nathan Tyler

Cushingberry Jackson Nerat Valentine

Dean Johnson Neumann Walsh

Denby Jones, Rick Polidori Warren

DeShazor Jones, Robert Proos Womack

Donigan Kandrevas Roberts Young

Durhal Kennedy Rocca

Nays—25

Agema Genetski Lund Opsommer

Amash Haveman Marleau Pavlov

Bolger Horn McMillin Pearce

Calley Kowall Meekhof Scott, P.

Caul Kurtz Meltzer Sheltrown

Crawford Lori Moss Stamas

Daley

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

The motion prevailed.

Second Reading of Bills

House Bill No. 5988, 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 1 (MCL 247.901), as amended by 1991 PA 188.

The bill was read a second time.

Rep. Wayne Schmidt 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. Dillon entered the House Chambers.

Rep. Angerer moved that Rep. Cushingberry 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. 5988, 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 1 (MCL 247.901), as amended by 1991 PA 188.

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

Roll Call No. 410 Yeas—84

Angerer Ebli Knollenberg Rocca

Ball Elsenheimer Lahti Rogers

Barnett Espinoza LeBlanc Schmidt, R.

Bauer Geiss Leland Schmidt, W.

Bennett Gonzales Lemmons Schuitmaker

Bledsoe Green Lindberg Scripps

Bolger Griffin Lipton Segal

Booher Haase Liss Slavens

Brown, L. Haines Marleau Slezak

Brown, T. Hammel Mayes Smith

Byrnes Hansen McDowell Spade

Byrum Haugh Meadows Stamas

Clemente Haveman Melton Stanley

Constan Hildenbrand Miller Switalski

Corriveau Huckleberry Moss Tlaib

Dean Jackson Nathan Tyler

Denby Johnson Nerat Valentine

DeShazor Jones, Rick Neumann Walsh

Dillon Jones, Robert Polidori Warren

Donigan Kandrevas Proos Womack

Durhal Kennedy Roberts Young

Nays—20

Agema Daley Lori Opsommer

Amash Genetski Lund Pavlov

Calley Horn McMillin Pearce

Caul Kowall Meekhof Scott, P.

Crawford Kurtz Meltzer Sheltrown

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. 1014, entitled

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

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. 1014, entitled

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

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

Roll Call No. 411 Yeas—100

Angerer Ebli Lahti Proos

Ball Elsenheimer LeBlanc Roberts

Barnett Espinoza Leland Rocca

Bauer Geiss Lemmons Rogers

Bennett Genetski Lindberg Schmidt, R.

Bledsoe Gonzales Lipton Schmidt, W.

Bolger Green Liss Schuitmaker

Booher Griffin Lori Scott, P.

Brown, L. Haase Lund Scripps

Brown, T. Haines Marleau Segal

Byrnes Hammel Mayes Sheltrown

Byrum Hansen McDowell Slavens

Calley Haugh McMillin Slezak

Caul Hildenbrand Meadows Smith

Clemente Horn Melton Spade

Constan Huckleberry Meltzer Stamas

Corriveau Jackson Miller Stanley

Crawford Johnson Moss Switalski

Daley Jones, Rick Nathan Tlaib

Dean Jones, Robert Nerat Tyler

Denby Kandrevas Neumann Valentine

DeShazor Kennedy Opsommer Walsh

Dillon Knollenberg Pavlov Warren

Donigan Kowall Pearce Womack

Durhal Kurtz Polidori Young

Nays—4

Agema Amash Haveman Meekhof

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 a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”

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. 5989, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 2 (MCL 125.2152), as amended by 2009 PA 162.

The bill was read a second time.

Rep. Haines 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. 5989, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 2 (MCL 125.2152), as amended by 2009 PA 162.

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

Roll Call No. 412 Yeas—80

Angerer Durhal Kennedy Roberts

Ball Ebli Knollenberg Rogers

Barnett Elsenheimer Lahti Schmidt, R.

Bauer Espinoza LeBlanc Schmidt, W.

Bennett Geiss Leland Schuitmaker

Bledsoe Gonzales Lemmons Scripps

Bolger Green Lindberg Segal

Booher Griffin Lipton Slavens

Brown, L. Haase Liss Slezak

Brown, T. Haines Mayes Smith

Byrnes Hammel McDowell Spade

Byrum Hansen Meadows Stanley

Clemente Haugh Melton Switalski

Constan Hildenbrand Miller Tlaib

Corriveau Huckleberry Moss Tyler

Dean Jackson Nathan Valentine

Denby Johnson Nerat Walsh

DeShazor Jones, Rick Neumann Warren

Dillon Jones, Robert Pearce Womack

Donigan Kandrevas Polidori Young

Nays—24

Agema Genetski Lund Pavlov

Amash Haveman Marleau Proos

Calley Horn McMillin Rocca

Caul Kowall Meekhof Scott, P.

Crawford Kurtz Meltzer Sheltrown

Daley Lori Opsommer Stamas

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. 5998, entitled

A bill to amend 1974 PA 338, entitled “Economic development corporations act,” by amending section 3 (MCL 125.1603), as amended by 1985 PA 154.

The bill was read a second time.

Rep. Nathan 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. 5998, entitled

A bill to amend 1974 PA 338, entitled “Economic development corporations act,” by amending section 3 (MCL 125.1603), as amended by 1985 PA 154.

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

Roll Call No. 413 Yeas—83

Angerer Durhal Knollenberg Rocca

Ball Ebli Lahti Rogers

Barnett Elsenheimer LeBlanc Schmidt, R.

Bauer Espinoza Leland Schmidt, W.

Bennett Geiss Lemmons Schuitmaker

Bledsoe Gonzales Lindberg Scripps

Bolger Green Lipton Segal

Booher Griffin Liss Slavens

Brown, L. Haase Mayes Slezak

Brown, T. Haines McDowell Smith

Byrnes Hammel Meadows Spade

Byrum Hansen Melton Stanley

Clemente Haugh Miller Switalski

Constan Hildenbrand Moss Tlaib

Corriveau Huckleberry Nathan Tyler

Cushingberry Jackson Nerat Valentine

Dean Johnson Neumann Walsh

Denby Jones, Rick Pearce Warren

DeShazor Jones, Robert Polidori Womack

Dillon Kandrevas Proos Young

Donigan Kennedy Roberts

Nays—22

Agema Genetski Lund Opsommer

Amash Haveman Marleau Pavlov

Calley Horn McMillin Scott, P.

Caul Kowall Meekhof Sheltrown

Crawford Kurtz Meltzer Stamas

Daley Lori

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. 185, entitled

A bill to amend 1972 PA 348, entitled “An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,” (MCL 554.601 to 554.616) by adding section 1b.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 185, entitled

A bill to amend 1972 PA 348, entitled “An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,” (MCL 554.601 to 554.616) by adding section 1b.

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

Roll Call No. 414 Yeas—105

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 Griffin Lori Scott, P.

Booher Haase Lund Scripps

Brown, L. Haines Marleau Segal

Brown, T. Hammel Mayes Sheltrown

Byrnes Hansen McDowell Slavens

Byrum Haugh McMillin Slezak

Calley Haveman Meadows Smith

Caul Hildenbrand Meekhof Spade

Clemente Horn Melton Stamas

Constan Huckleberry Meltzer Stanley

Corriveau Jackson Miller 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

Dillon Kowall 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. 6462, 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 promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; 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 sections 9a, 10c, and 20a (MCL 247.659a, 247.660c, and 247.670a), section 9a as amended by 2007 PA 199, section 10c as amended by 2008 PA 485, and section 20a as amended by 2005 PA 5.

The bill was read a second time.

Rep. Miller 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. 6462, 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 promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; 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 sections 9a, 10c, and 20a (MCL 247.659a, 247.660c, and 247.670a), section 9a as amended by 2007 PA 199, section 10c as amended by 2008 PA 485, and section 20a as amended by 2005 PA 5.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Angerer moved that consideration of the bill be postponed for the day.

The motion prevailed.

Second Reading of Bills

House Bill No. 5580, entitled

A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 7a, 16, and 18 (MCL 252.307a, 252.316, and 252.318), section 7a as added by 2006 PA 447 and sections 16 and 18 as amended by 2006 PA 448.

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

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

Rep. Warren moved to amend the bill as follows:

1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:

“Sec. 6. A sign owner shall apply for an annual permit on a form prescribed by the department for each sign to be maintained or to be erected in an adjacent area where the facing of the sign is visible from an interstate highway, freeway, or primary highway. A sign owner shall apply for a separate sign permit for each sign for each highway subject to this act from which the facing of the sign is visible. The owner shall apply for the permit for such signs which become subject to the permit requirements of this act because of a change in highway designation or other reason not within the control of the sign owner within 2 months after the sign becomes subject to the permit requirements of this act. The form shall require the name and business address of the applicant, the name and address of the owner of the property on which the sign is to be located, the date the sign, if currently maintained, was erected, the zoning classification of the property, a precise description of where the sign is or will be situated and a certification that the sign is not prohibited by section 18(a), (b), (c), or (d) and that the sign does not violate any provisions of this act. A SIGN OWNER IN POSSESSION OF A VALID PERMIT SUBJECT TO SECTION 18(F) IS NOT IN VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT IF THE PERMIT SUBJECT TO SECTION 18(F) WAS IN COMPLIANCE WITH THIS ACT ON THE DAY BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SUBSECTION (13) TO SECTION 7A. The sign permit application shall include a statement signed by the owner of the land on which the sign is to be placed, acknowledging that no trees or shrubs in the adjacent highway right-of-way may be removed, trimmed, or in any way damaged or destroyed without the written authorization of the department. The department may require documentation to verify the zoning, the consent of the land owner, and any other matter considered essential to the evaluation of the compliance with this act.”.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5580, entitled

A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 7a, 16, and 18 (MCL 252.307a, 252.316, and 252.318), section 7a as added by 2006 PA 447 and sections 16 and 18 as amended by 2006 PA 448.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 6421, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 3, 5, 6, 7, 8, 8a, 13, 15, 17, and 18 (MCL 567.223, 567.225, 567.226, 567.227, 567.228, 567.228a, 567.233, 567.235, 567.237, and 567.238), section 15 as amended by 2008 PA 208 and section 18 as amended by 1997 PA 195.

The Senate has amended the bill as follows:

1. Amend page 2, line 5, after “than” by striking out “3” and inserting “15”.

2. Amend page 2, line 6, after “within” by striking out “3” and inserting “15”.

3. Amend page 16, following line 1, by inserting:

“(7) THE PROVISIONS MODIFYING THE DORMANCY PERIODS OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION DO NOT APPLY IF THE OWNER OF THE PROPERTY IS ON ACTIVE DUTY MILITARY SERVICE OUTSIDE THE UNITED STATES.”.

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

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

Rep. 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 amendments made to the bill by the Senate,

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

Roll Call No. 415 Yeas—61

Angerer Durhal LeBlanc Schmidt, R.

Barnett Ebli Leland Scripps

Bauer Espinoza Lemmons Segal

Bennett Geiss Lindberg Sheltrown

Bledsoe Gonzales Lipton Slavens

Brown, L. Griffin Liss Slezak

Brown, T. Haase McDowell Smith

Byrnes Hammel Meadows Spade

Byrum Haugh Melton Stanley

Clemente Huckleberry Miller Switalski

Constan Jackson Nathan Tlaib

Corriveau Johnson Nerat Valentine

Cushingberry Jones, Robert Neumann Warren

Dean Kandrevas Polidori Womack

Dillon Kennedy Roberts Young

Donigan

Nays—44

Agema Elsenheimer Kurtz Pavlov

Amash Genetski Lahti Pearce

Ball Green Lori Proos

Bolger Haines Lund Rocca

Booher Hansen Marleau Rogers

Calley Haveman Mayes Schmidt, W.

Caul Hildenbrand McMillin Schuitmaker

Crawford Horn Meekhof Scott, P.

Daley Jones, Rick Meltzer Stamas

Denby Knollenberg Moss Tyler

DeShazor Kowall Opsommer Walsh

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.

Second Reading of Bills

House Bill No. 6345, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12a (MCL 125.2162a), as amended by 2009 PA 162.

The bill was read a second time.

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

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

Rep. Hammel 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. 6345, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12a (MCL 125.2162a), as amended by 2009 PA 162.

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

Roll Call No. 416 Yeas—87

Angerer Durhal Lahti Rocca

Ball Ebli LeBlanc Rogers

Barnett Elsenheimer Leland Schmidt, R.

Bauer Espinoza Lemmons Schmidt, W.

Bennett Geiss Lindberg Schuitmaker

Bledsoe Gonzales Lipton Scripps

Bolger Green Liss Segal

Booher Griffin Lori Sheltrown

Brown, L. Haase Marleau Slavens

Brown, T. Haines Mayes Slezak

Byrnes Hammel McDowell Spade

Byrum Hansen Meadows Stamas

Clemente Haugh Melton Stanley

Constan Hildenbrand Meltzer Switalski

Corriveau Horn Nathan Tlaib

Crawford Huckleberry Nerat Tyler

Cushingberry Jackson Neumann Valentine

Dean Johnson Pavlov Walsh

Denby Jones, Rick Pearce Warren

DeShazor Jones, Robert Polidori Womack

Dillon Kandrevas Proos Young

Donigan Kennedy Roberts

Nays—18

Agema Genetski Lund Moss

Amash Haveman McMillin Opsommer

Calley Knollenberg Meekhof Scott, P.

Caul Kowall Miller Smith

Daley Kurtz

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 1986 PA 281, entitled “The local development financing act,” by amending sections 2 and 12a (MCL 125.2152 and 125.2162a), as amended by 2009 PA 162.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 6177, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending the title and sections 11 and 18 (MCL 432.11 and 432.18), the title as amended by 1996 PA 95 and sections 11 and 18 as amended by 2004 PA 383, and by adding section 45.

The bill was read a second time.

Rep. Neumann moved to substitute (H-1) the bill.

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

Rep. McMillin moved to amend the bill as follows:

1. Amend page 6, line 2, by striking out all of subparagraph (B) and relettering the remaining subparagraph.

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 bill as follows:

1. Amend page 6, line 4, after “CAMPAIGN.” by inserting “NONE OF THE FUNDS FROM THIS SUBPARAGRAPH MAY BE USED FOR ADVERTISING WITHIN THE STATE OF MICHIGAN.”.

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

Rep. Byrum moved to amend the bill as follows:

1. Amend page 6, line 2, by striking out the balance of the bill and inserting:

“(B) ALL THE MONEY DEPOSITED INTO THE FUND SHALL BE DISBURSED TO THE SCHOOL AID FUND.”.

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

Rep. Neumann 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. 6177, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending the title and sections 11 and 18 (MCL 432.11 and 432.18), the title as amended by 1996 PA 95 and sections 11 and 18 as amended by 2004 PA 383, and by adding section 45.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Neumann moved that consideration of the bill be postponed for the day.

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 5779, entitled

A bill to authorize the state administrative board to convey certain state owned property in Isabella county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget; and to provide for disposition of the revenue from the conveyance.

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

Nays: None

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

House Bill No. 5858, entitled

A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure thereof under the supervision of the director of the department of management and budget and the state administrative board.

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. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Durhal, Espinoza, Gonzales, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Spade, Switalski, Tlaib, Caul and Green

Nays: Reps. Moss, Agema, Genetski, Hildenbrand and Rogers

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

House Bill No. 6120, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by 2009 PA 151.

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, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Switalski, Tlaib and Schuitmaker

Nays: Reps. Moss, Booher, Caul and Rogers

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

House Bill No. 6461, entitled

A bill to amend 1985 PA 106, entitled “State convention facility development act,” by amending section 10 (MCL 207.630), as amended by 2009 PA 156.

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. Cushingberry, Hammel, Bauer, Terry Brown, Dean, Durhal, Espinoza, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Switalski, Tlaib, Agema, Caul, Genetski, Green, Hildenbrand, Lori, Proos and Schuitmaker

Nays: Reps. Moss, Booher and Haines

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

Senate Bill No. 1035, entitled

A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police,” by amending section 3 (MCL 28.273), as amended by 2007 PA 76.

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

Nays: None

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

Senate Bill No. 1450, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30104b (MCL 324.30104b), as added by 2006 PA 592.

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. Cushingberry, Hammel, Bauer, Terry Brown, Dean, Durhal, Espinoza, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Switalski, Tlaib, Proos and Rogers

Nays: Reps. Moss, Agema, Booher, Caul and Lori

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

Senate Bill No. 1451, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30306b (MCL 324.30306b), as amended by 2009 PA 120; and to repeal acts and parts of acts.

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. Cushingberry, Hammel, Bauer, Terry Brown, Dean, Durhal, Espinoza, Jackson, Lahti, LeBlanc, McDowell, Miller, Smith, Switalski, Tlaib, Green, Lori, Proos and Rogers

Nays: Reps. Moss, Agema, Booher and Caul

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

Senate Concurrent Resolution No. 46.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and West Shore Community College relative to the West Shore Community College Arts and Sciences Center/Remodeling and Additions.

(For text of concurrent resolution, see House Journal No. 72, p. 1259.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: Rep. Agema

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 23, 2010

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

Absent: Rep. Gregory

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Clemente, Chair, of the Committee on New Economy and Quality of Life, was received and read:

Meeting held on: Thursday, September 23, 2010

Present: Reps. Clemente, Stanley, Byrnes, Geiss, Griffin, Leland, Segal, Knollenberg, Bolger, Denby and Tyler

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 23, 2010

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

Absent: Reps. Polidori and DeShazor

Excused: Rep. Polidori

Second Reading of Bills

Senate Bill No. 1035, entitled

A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police,” by amending section 3 (MCL 28.273), as amended by 2007 PA 76.

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Pearce moved that Rep. Walsh 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. 1035, entitled

A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police,” by amending section 3 (MCL 28.273), as amended by 2007 PA 76.

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

Roll Call No. 417 Yeas—104

Agema Donigan Kowall Pearce

Amash Durhal Kurtz Polidori

Angerer Ebli Lahti Proos

Ball Elsenheimer LeBlanc Roberts

Barnett Espinoza Leland Rocca

Bauer Geiss Lemmons Rogers

Bennett Genetski Lindberg Schmidt, R.

Bledsoe Gonzales Lipton Schmidt, W.

Bolger Green Liss Schuitmaker

Booher Griffin Lori Scott, P.

Brown, L. Haase Lund Scripps

Brown, T. Haines Marleau Segal

Byrnes Hammel Mayes Sheltrown

Byrum Hansen McDowell Slavens

Calley Haugh McMillin Slezak

Caul Haveman Meadows Smith

Clemente Hildenbrand Meekhof Spade

Constan Horn Melton Stamas

Corriveau Huckleberry Meltzer Stanley

Crawford Jackson Miller Switalski

Cushingberry Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Nerat Valentine

Denby Kandrevas Neumann Warren

DeShazor Kennedy Opsommer Womack

Dillon Knollenberg Pavlov 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. 1450, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30104b (MCL 324.30104b), as added by 2006 PA 592.

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. 1450, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30104b (MCL 324.30104b), as added by 2006 PA 592.

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

Roll Call No. 418 Yeas—80

Angerer Durhal Lahti Roberts

Ball Ebli LeBlanc Rocca

Barnett Elsenheimer Leland Rogers

Bauer Espinoza Lemmons Schmidt, R.

Bennett Geiss Lindberg Schmidt, W.

Bledsoe Genetski Lipton Scripps

Bolger Gonzales Liss Segal

Booher Green Lori Sheltrown

Brown, L. Griffin Mayes Slavens

Brown, T. Haase McDowell Slezak

Byrnes Hammel Meadows Smith

Byrum Hansen Melton Spade

Clemente Haugh Meltzer Stanley

Constan Huckleberry Miller Switalski

Corriveau Jackson Nathan Tlaib

Cushingberry Johnson Nerat Tyler

Dean Jones, Rick Neumann Valentine

Denby Jones, Robert Pearce Warren

Dillon Kandrevas Polidori Womack

Donigan Kennedy Proos Young

Nays—24

Agema DeShazor Kowall Moss

Amash Haines Kurtz Opsommer

Calley Haveman Lund Pavlov

Caul Hildenbrand Marleau Schuitmaker

Crawford Horn McMillin Scott, P.

Daley Knollenberg Meekhof Stamas

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 the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”

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.

Senate Bill No. 1226, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending sections 20d and 68 (MCL 38.20d and 38.68), section 20d as amended by 2002 PA 93 and section 68 as added by 1996 PA 487, and by adding sections 35 and 68d.

(The bill was read a third time, substitute (H-33) adopted and bill postponed for the day on September 22, see House Journal No. 82, p. 1537.)

The question being on the passage of the bill,

Rep. Angerer moved to reconsider the vote by which the House adopted the substitute (H-33) offered previously by Rep. Cushingberry.

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

The question being on the adoption of the substitute (H-33) offered previously by Rep. Cushingberry,

The substitute (H-33) was not adopted, a majority of the members serving not voting therefor.

The question being on the passage of the bill,

Rep. Espinoza moved to amend the bill as follows:

1. Amend page 9, line 5, by striking out “UPON RETIREMENT” and inserting “SEPTEMBER 30, 2013”.

2. Amend page 9, line 6, after “CONTRIBUTE” by striking out the balance of the line through “CONTRIBUTE” on line 7 of page 10.

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

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 1451, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30306b (MCL 324.30306b), as amended by 2009 PA 120; and to repeal acts and parts of acts.

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. 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

Senate Bill No. 1451, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30306b (MCL 324.30306b), as amended by 2009 PA 120; and to repeal acts and parts of acts.

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—80

Angerer Ebli LeBlanc Rogers

Ball Elsenheimer Leland Schmidt, R.

Barnett Espinoza Lemmons Schmidt, W.

Bauer Geiss Lindberg Schuitmaker

Bennett Genetski Lipton Scripps

Bledsoe Gonzales Liss Segal

Bolger Green Lori Sheltrown

Booher Griffin Mayes Slavens

Brown, L. Haase McDowell Slezak

Brown, T. Hammel Meadows Smith

Byrnes Hansen Melton Spade

Byrum Haugh Miller Stanley

Clemente Huckleberry Nathan Switalski

Constan Jackson Nerat Tlaib

Corriveau Johnson Neumann Tyler

Cushingberry Jones, Rick Pearce Valentine

Dean Jones, Robert Polidori Walsh

Denby Kandrevas Proos Warren

Donigan Kennedy Roberts Womack

Durhal Lahti Rocca Young

Nays—24

Agema DeShazor Kowall Meltzer

Amash Haines Kurtz Moss

Calley Haveman Lund Opsommer

Caul Hildenbrand Marleau Pavlov

Crawford Horn McMillin Scott, P.

Daley Knollenberg Meekhof Stamas

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 the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”

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.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Jackson to the Chair.

Second Reading of Bills

House Bill No. 6461, entitled

A bill to amend 1985 PA 106, entitled “State convention facility development act,” by amending section 10 (MCL 207.630), as amended by 2009 PA 156.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6461, entitled

A bill to amend 1985 PA 106, entitled “State convention facility development act,” by amending section 10 (MCL 207.630), as amended by 2009 PA 156.

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—76

Agema Donigan Kennedy Roberts

Angerer Durhal LeBlanc Schmidt, R.

Ball Ebli Leland Schmidt, W.

Barnett Espinoza Lemmons Schuitmaker

Bauer Geiss Lindberg Scripps

Bennett Genetski Lipton Segal

Bledsoe Gonzales Liss Sheltrown

Bolger Green Lori Slavens

Brown, L. Griffin Mayes Slezak

Brown, T. Haase Meadows Smith

Byrnes Hammel Melton Spade

Byrum Haugh Miller Stanley

Caul Hildenbrand Nathan Switalski

Clemente Huckleberry Nerat Tlaib

Constan Jackson Neumann Tyler

Corriveau Johnson Opsommer Valentine

Cushingberry Jones, Rick Pearce Walsh

Dean Jones, Robert Polidori Warren

Denby Kandrevas Proos Womack

Nays—28

Amash Haines Lahti Moss

Booher Hansen Lund Pavlov

Calley Haveman Marleau Rocca

Crawford Horn McDowell Rogers

Daley Knollenberg McMillin Scott, P.

DeShazor Kowall Meekhof Stamas

Elsenheimer Kurtz Meltzer Young

In The Chair: Jackson

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. 6120, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by 2009 PA 151.

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

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

Rep. Tlaib 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. 6120, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by 2009 PA 151.

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—65

Agema Ebli LeBlanc Roberts

Angerer Espinoza Leland Schmidt, R.

Barnett Geiss Lemmons Schuitmaker

Bauer Gonzales Lindberg Scripps

Bennett Green Lipton Segal

Bledsoe Griffin Liss Sheltrown

Brown, L. Haase Lori Slavens

Brown, T. Hammel Mayes Slezak

Byrnes Haugh McDowell Smith

Byrum Huckleberry Meadows Spade

Clemente Jackson Melton Stanley

Constan Johnson Miller Switalski

Corriveau Jones, Robert Nathan Tlaib

Cushingberry Kandrevas Nerat Valentine

Dean Kennedy Neumann Warren

Donigan Lahti Polidori Womack

Durhal

Nays—39

Amash Elsenheimer Kurtz Proos

Ball Genetski Lund Rocca

Bolger Haines Marleau Rogers

Booher Hansen McMillin Schmidt, W.

Calley Haveman Meekhof Scott, P.

Caul Hildenbrand Meltzer Stamas

Crawford Horn Moss Tyler

Daley Jones, Rick Opsommer Walsh

Denby Knollenberg Pavlov Young

DeShazor Kowall Pearce

In The Chair: Jackson

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. 5779, entitled

A bill to authorize the state administrative board to convey certain state owned property in Isabella county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget; and to provide for disposition of the revenue from the conveyance.

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

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

Rep. Caul 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. 5779, entitled

A bill to authorize the state administrative board to convey certain state owned property in Isabella county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget; and to provide for disposition of the revenue from the conveyance.

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—104

Agema Donigan Kowall Pearce

Amash Durhal Kurtz Polidori

Angerer Ebli Lahti Proos

Ball Elsenheimer LeBlanc Roberts

Barnett Espinoza Leland Rocca

Bauer Geiss Lemmons Rogers

Bennett Genetski Lindberg Schmidt, R.

Bledsoe Gonzales Lipton Schmidt, W.

Bolger Green Liss Schuitmaker

Booher Griffin Lori Scott, P.

Brown, L. Haase Lund Scripps

Brown, T. Haines Marleau Segal

Byrnes Hammel Mayes Sheltrown

Byrum Hansen McDowell Slavens

Calley Haugh McMillin Slezak

Caul Haveman Meadows Smith

Clemente Hildenbrand Meekhof Spade

Constan Horn Melton Stamas

Corriveau Huckleberry Meltzer Stanley

Crawford Jackson Miller Switalski

Cushingberry Johnson Moss Tyler

Daley Jones, Rick Nathan Valentine

Dean Jones, Robert Nerat Walsh

Denby Kandrevas Neumann Warren

DeShazor Kennedy Opsommer Womack

Dillon Knollenberg Pavlov Young

Nays—1

Tlaib

In The Chair: Jackson

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 authorize the state administrative board to convey certain parcels of state-owned property in Isabella county; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments in regard to the property; and to provide for disposition of revenue derived from the conveyances.

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 Speaker laid before the House

Senate Concurrent Resolution No. 46.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and West Shore Community College relative to the West Shore Community College Arts and Sciences Center/Remodeling and Additions.

(For text of concurrent resolution, see House Journal No. 72, p. 1259.)

(The concurrent resolution was reported by the Committee on Appropriations on September 22.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 423 Yeas—104

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 Griffin Lori Scott, P.

Booher Haase Lund Scripps

Brown, L. Haines Marleau Segal

Brown, T. Hammel Mayes Sheltrown

Byrnes Hansen McDowell Slavens

Byrum Haugh McMillin Slezak

Calley Haveman Meadows Smith

Caul Hildenbrand Meekhof Spade

Clemente Horn Melton Stamas

Constan Huckleberry Meltzer Stanley

Corriveau Jackson Miller 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: Jackson

Messages from the Senate

The Speaker laid before the House

House Bill No. 5920, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2006 PA 259.

(The bill was received from the Senate on September 22, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 82, p. 1546.)

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

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

Roll Call No. 424 Yeas—103

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 Griffin Lori Scott, P.

Booher Haase Lund Scripps

Brown, L. Haines Marleau Segal

Brown, T. Hammel Mayes Sheltrown

Byrnes Hansen McDowell Slavens

Byrum Haugh McMillin Slezak

Calley Haveman Meadows Smith

Caul Hildenbrand Meekhof Spade

Clemente Horn Melton Stamas

Constan Huckleberry Meltzer Stanley

Corriveau Jackson Miller 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: Jackson

The House agreed to the full title.

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

______

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

The motion prevailed.

The Speaker laid before the House

House Bill No. 6226, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2002 PA 710.

(The bill was received from the Senate on September 22, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 82, p. 1547.)

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

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

Roll Call No. 425 Yeas—102

Agema Ebli Lahti Polidori

Angerer Elsenheimer LeBlanc Proos

Ball Espinoza Leland Roberts

Barnett Geiss Lemmons Rocca

Bauer Genetski Lindberg Rogers

Bennett Gonzales Lipton Schmidt, R.

Bledsoe Green Liss Schmidt, W.

Bolger Griffin Lori Schuitmaker

Booher Haase Lund Scott, P.

Brown, L. Haines Marleau Scripps