No. 73
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2012
House Chamber, Lansing, Thursday, November 8, 2012.
10:00 a.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Gilbert—present LeBlanc—present Price—present
Ananich—present Glardon—present Lindberg—present Pscholka—present
Barnett—present Goike—present Lipton—present Rendon—present
Bauer—present Graves—present Liss—present Rogers—present
Bledsoe—present Greimel—present Lori—present Rutledge—present
Bolger—present Haines—present Lund—present Santana—present
Brown—present Hammel—present Lyons—present Schmidt, R.—present
Brunner—present Haugh—present MacGregor—present Schmidt, W.—present
Bumstead—present Haveman—present MacMaster—present Segal—present
Byrum—present Heise—present McBroom—present Shaughnessy—present
Callton—present Hobbs—present McCann—present Shirkey—present
Cavanagh—present Hooker—present McMillin—present Slavens—present
Clemente—present Horn—present Meadows—present Smiley—present
Constan—present Hovey-Wright—present Moss—present Somerville—present
Cotter—present Howze—present Muxlow—present Stallworth—present
Crawford—present Hughes—present Nathan—present Stamas—present
Daley—present Huuki—present Nesbitt—present Stanley—present
Damrow—present Irwin—present O’Brien—present Stapleton—present
Darany—present Jackson—excused Oakes—present Switalski—present
Denby—present Jacobsen—present Olson—present Talabi—present
Dillon—present Jenkins—present Olumba—excused Tlaib—present
Durhal—present Johnson—present Opsommer—present Townsend—present
Farrington—present Kandrevas—present Ouimet—excused Tyler—present
Forlini—present Knollenberg—present Outman—present Walsh—present
Foster—present Kowall—present Pettalia—present Womack—present
Franz—present Kurtz—present Poleski—present Yonker—present
Geiss—present LaFontaine—present Potvin—present Zorn—present
Genetski—present Lane—present
e/d/s = entered during session
Rep. Paul E. Opsommer, from the 93rd District, offered the following invocation:
“Dear Heavenly Father,
You have blessed us in ways we cannot measure. Not the least of which is to be privileged to live is America…and in Michigan. And to be able to play a role in our precious states’ government.
We wish to continue serving. But we do not wish for anything outside Your will. So as the ballots are cast and the tallies made please grant us the grace to accept the outcomes knowing our ultimate goal is to serve You.
Grace us with the confidence of knowing we have done our best and have been respectful and honorable in the process.
Grace us with the wisdom and faith to know You are in full control.
Grace us with the power of the Holy Spirit to remove the anxiety and racing of our hearts as we look forward to the next term.
Grace us with abundant love and restrained tongues as we are tempted to respond to any outcomes not aligned with our own desires.
Lastly, Lord, thank You for the very special privilege of being able to lift all our concerns in prayer and turn them over to You.
We have grown to love our colleagues as if fighting together in the same trenches of war. Friendships we could not have imagined only a few short years ago, we will cherish long beyond our times of service.
It is in Your previous Son’s name we pray, Amen.”
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The Speaker called the Speaker Pro Tempore to the Chair.
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Rep. Stamas moved that Rep. Ouimet be excused from today’s session.
The motion prevailed.
Rep. Segal moved that Reps. Jackson and Olumba be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Farrington, Barnett, Constan, Liss and Segal offered the following resolution:
House Resolution No. 327.
A resolution to declare October 15-19, 2012, as Credit Union Week in the state of Michigan.
Whereas, Credit unions have been organized in Michigan since 1934 and have a proud tradition of innovation and leadership among the nation’s credit unions. The Michigan credit union movement is one of growth, progress, and success; and
Whereas, Michigan credit unions are rooted in the communities in which they serve, whether supporting local charities, offering financial education seminars, or operating student-run credit union branches in schools. They do this voluntarily because as not-for-profit member-owned financial cooperatives, credit unions recognize that social responsibility is an integral part of their mission; and
Whereas, Credit unions in Michigan continually demonstrate their ability to improve the lives of individuals, families, and communities, and they have done so for generations, following the credit union philosophy of “People Helping People”; and
Whereas, Michigan credit unions remain informed through the assistance of the Michigan Credit Union League & Affiliates, which has focused exclusively on serving its members throughout its history. It’s a commitment that is concisely expressed in its mission statement: “The Michigan Credit Union League will strengthen the credit union community and its image by providing advocacy on important issues, coordinating cooperative initiatives and by providing high-quality solutions that help credit unions succeed and enrich the lives of their members”; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare October 15-19, 2012, as Credit Union Week in the state of Michigan. We honor Michigan credit unions in this momentous occasion.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Stamas and Segal offered the following concurrent resolution:
House Concurrent Resolution No. 66.
A concurrent resolution prescribing the legislative schedule.
Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Thursday, November 8, 2012, it stands adjourned until Tuesday, November 27, 2012, at 1:30 p.m.; and be it further
Resolved, That when the Senate adjourns on Thursday, November 8, 2012, it stands adjourned until Tuesday, November 27, 2012, at 10:00 a.m.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Messages from the Senate
The Senate requested the return of
House Bill No. 5284, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145d (MCL 750.145d), as amended by 2000 PA 185.
(The bill was received from the Senate on September 27, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 17, see House Journal No. 71, p. 2224.)
The question being on concurring in the amendments made to the bill by the Senate,
Rep. Stamas moved that the request of the Senate be granted.
The motion prevailed.
Second Reading of Bills
House Bill No. 5546, entitled
A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending the title and sections 2, 3, 4, 6, 7, 8, 9, 9a, 10, 12, 13, 14, 15, 16, 17, 18, 19, 19a, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 32 (MCL 431.302, 431.303, 431.304, 431.306, 431.307, 431.308, 431.309, 431.309a, 431.310, 431.312, 431.313, 431.314, 431.315, 431.316, 431.317, 431.318, 431.319, 431.319a, 431.320, 431.321, 431.322, 431.323, 431.324, 431.325, 431.326, 431.327, 431.328, 431.329, and 431.332), sections 2 and 4 as amended by 2006 PA 445, sections 7, 9, 10, and 12 as amended by 2000 PA 164, section 9a as added by 1997 PA 73, sections 14, 17, and 18 as amended and section 19a as added by 1998 PA 408, section 16 as amended by 2005 PA 7, and section 20 as amended by 2006 PA 185; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Agriculture,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Daley moved to amend the bill as follows:
1. Amend page 2, line 14, after “of” by striking out “live and simulcast” and inserting “HORSE”.
2. Amend page 2, line 17, after “penalties;” by inserting “TO DECLARE THE EFFECT OF THIS ACT;”.
3. Amend page 6, line 4, after “TAXES.” by inserting “PARI-MUTUEL, PARI-MUTUEL GAMING ACTIVITIES, AND PARI-MUTUEL WAGERING ALLOWED UNDER THIS ACT ARE LIMITED TO WAGERING ON THE RESULTS OF HORSE RACES, BUT INCLUDE ALL TECHNOLOGY AND INNOVATIONS RELATED TO HORSE RACES AND WAGERING ON THE RESULTS OF HORSE RACES THAT MAY EXIST NOW OR IN THE FUTURE.”.
4. Amend page 6, line 12, after “432.47” by inserting a comma and “OR ANY OTHER LAW OF THIS STATE”.
5. Amend page 74, following line 12, by inserting:
“Enacting section 2. Subdivision (p) of section 2 of the horse racing law of 1995, 1995 PA 279, MCL 431.302, as added by this amendatory act, is curative, shall be applied retroactively, and is intended to correct any misinterpretation concerning the original intent of the legislature to allow all pari-mutuel wagering on the results of horse races to occur under this act subject to the regulatory authority of the racing commissioner without respect to whether the pari-mutuel wagering on the results of horse races or technology for pari-mutuel wagering on the results of horse races occurred or existed on a specific date.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Daley moved to amend the bill as follows:
1. Amend page 41, line 19, by striking out all of subdivision (C) and relettering the remaining subdivisions.
2. Amend page 41, line 24, after “NOT” by inserting “CHARGE OR”.
3. Amend page 41, line 24, after “FEE” by striking out the balance of the line and inserting “FOR THE”.
4. Amend page 41, line 25, after “EXCEEDS” by striking out “3%” and inserting “5%”.
5. Amend page 41, line 27, after “IS” by inserting “DETERMINED BY THE RACING COMMISSIONER NOT TO BE EXCESSIVE IN COMPARISON TO THE AMOUNT OF MONEY EXPECTED TO BE WAGERED ON THE RACE AND IS”.
6. Amend page 46, line 20, after “THIS” by striking out “SECTION” and inserting “SUBSECTION”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Womack moved to amend the bill as follows:
1. Amend page 6, line 1, after “ON” by striking out the balance of the line through “ACTIVITIES” on line 2 and inserting “HORSE RACES”.
2. Amend page 6, line 8, after “PLAY.” by striking out the balance of the subdivision.
3. Amend page 72, line 21, by striking out all of subsection (2) and renumbering the remaining subsection.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Barnett moved to amend the bill as follows:
1. Amend page 74, following line 12, by inserting:
“Enacting section 2. This amendatory act takes effect 90 days after the 96th Legislature adjourns sine die.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Daley moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stamas 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. 5546, entitled
A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending the title and sections 2, 3, 4, 6, 7, 8, 9, 9a, 10, 12, 13, 14, 15, 16, 17, 18, 19, 19a, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 32 (MCL 431.302, 431.303, 431.304, 431.306, 431.307, 431.308, 431.309, 431.309a, 431.310, 431.312, 431.313, 431.314, 431.315, 431.316, 431.317, 431.318, 431.319, 431.319a, 431.320, 431.321, 431.322, 431.323, 431.324, 431.325, 431.326, 431.327, 431.328, 431.329, and 431.332), sections 2 and 4 as amended by 2006 PA 445, sections 7, 9, 10, and 12 as amended by 2000 PA 164, section 9a as added by 1997 PA 73, sections 14, 17, and 18 as amended and section 19a as added by 1998 PA 408, section 16 as amended by 2005 PA 7, and section 20 as amended by 2006 PA 185; 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. 592 Yeas—91
Ananich Franz Kurtz Pscholka
Barnett Geiss LaFontaine Rendon
Bauer Genetski Lane Rogers
Bledsoe Gilbert LeBlanc Rutledge
Bolger Glardon Lindberg Santana
Brown Goike Lipton Schmidt, R.
Brunner Graves Liss Schmidt, W.
Bumstead Haines Lori Segal
Byrum Hammel Lund Shaughnessy
Callton Haugh MacMaster Shirkey
Cavanagh Heise McBroom Slavens
Clemente Hobbs McCann Smiley
Constan Horn Meadows Somerville
Crawford Hovey-Wright Moss Stamas
Daley Hughes Muxlow Stapleton
Damrow Huuki Nesbitt Switalski
Darany Irwin Oakes Townsend
Denby Jacobsen Olson Tyler
Dillon Jenkins Opsommer Walsh
Durhal Johnson Outman Womack
Farrington Kandrevas Pettalia Yonker
Forlini Knollenberg Poleski Zorn
Foster Kowall Potvin
Nays—16
Agema Hooker McMillin Stallworth
Cotter Howze Nathan Stanley
Greimel Lyons O’Brien Talabi
Haveman MacGregor Price Tlaib
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas 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. 5804, entitled
A bill to create the Michigan indigent defense commission and to provide for its powers and duties; to provide for constitutionally effective assistance of counsel to represent indigent defendants in criminal cases; to provide standards for the appointment of legal counsel; and to provide for certain appropriations.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Horn moved to amend the bill as follows:
1. Amend page 13, following line 1, by inserting:
“(9) A local unit of government that expends more than its average annual expenditure under subsection (2) in order to meet MIDC standards shall not reduce the budget of its prosecuting attorney or other official prosecuting on behalf of the people of the local unit of government in order to do so.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Horn moved to amend the bill as follows:
1. Amend page 13, following line 1, by inserting:
“(9) For every $1.00 paid by this state to a local unit of government under subsection (2) to allow that local unit of government to meet MIDC standards, this state shall also pay $1.00 to the prosecuting attorney or other official prosecuting on behalf of the people of that local unit of government.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. McMillin moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stamas 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. 5804, entitled
A bill to create the Michigan indigent defense commission and to provide for its powers and duties; to provide for constitutionally effective assistance of counsel to represent indigent defendants in criminal cases; to provide standards for the appointment of legal counsel; and to provide for certain 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. 593 Yeas—71
Ananich Forlini Lane Santana
Barnett Geiss LeBlanc Schmidt, R.
Bauer Gilbert Lindberg Segal
Bledsoe Goike Lipton Shirkey
Bolger Greimel Liss Smiley
Brown Hammel Lund Somerville
Brunner Haugh Lyons Stallworth
Byrum Haveman McCann Stamas
Callton Heise McMillin Stanley
Cavanagh Hobbs Meadows Stapleton
Clemente Hovey-Wright Nathan Switalski
Constan Howze Nesbitt Talabi
Cotter Hughes O’Brien Tlaib
Damrow Huuki Oakes Townsend
Darany Irwin Olson Walsh
Dillon Kandrevas Opsommer Womack
Durhal Knollenberg Poleski Yonker
Farrington LaFontaine Rutledge
Nays—36
Agema Graves Lori Price
Bumstead Haines MacGregor Pscholka
Crawford Hooker MacMaster Rendon
Daley Horn McBroom Rogers
Denby Jacobsen Moss Schmidt, W.
Foster Jenkins Muxlow Shaughnessy
Franz Johnson Outman Slavens
Genetski Kowall Pettalia Tyler
Glardon Kurtz Potvin Zorn
In The Chair: Walsh
The House agreed to the title of the bill.
Reps. Slavens, Bumstead, Kowall, Crawford, Haines and MacMaster moved that their names be removed as co‑sponsors of the bill.
The motion prevailed.
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Rep. Slavens, 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:
I agree indigent defense reform is a long overdue, needed reform that Michigan taxpayers and residents deserve. However lack of funding and potential for another unfunded mandate has not been adequately addressed, for this reason my vote on HB 5804 is no.”
Second Reading of Bills
House Bill No. 5673, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5201, 5202, 5203, and 5204 (MCL 324.5201, 324.5202, 324.5203, and 324.5204), section 5201 as amended by 2005 PA 257, sections 5202 and 5203 as added by 2002 PA 397, and section 5204 as amended by 2010 PA 232, and by adding sections 5204e and 5204f.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources, Tourism, and Outdoor Recreation,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Foster 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. Pscholka moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5674, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5301 and 5303 (MCL 324.5301 and 324.5303), section 5301 as amended by 2005 PA 255 and section 5303 as amended by 2002 PA 398; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources, Tourism, and Outdoor Recreation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Opsommer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5675, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5402 and 5406 (MCL 324.5402 and 324.5406), as added by 1997 PA 26.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources, Tourism, and Outdoor Recreation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Byrum moved to amend the bill as follows:
1. Amend page 9, following line 16, by inserting:
“Sec. 5411. (1) The department shall review a complete application for assistance for a proposed project submitted under section 5409. If the department approves the application for assistance, the department shall issue an order of approval to establish the specific terms of the assistance. The order of approval shall include, but need not be limited to, all of the following:
(a) The term of the assistance.
(b) The maximum principal amount of the assistance.
(c) The maximum rate of interest or method of calculation of the rate of interest that will be used, or the premium charged.
(2) The order of approval under subsection (1) shall incorporate all requirements, provisions, or information included in the application and other documents submitted to the department during the application process.
(3) THE DEPARTMENT SHALL NOT PROHIBIT A WATER SUPPLIER FROM USING ASSISTANCE FOR A PROJECT TO MEET MATCH REQUIREMENTS FOR FEDERAL LOANS OR GRANTS FOR THAT PROJECT.
(4) (3) After issuance of the order of approval under subsection (1), the department shall certify to the authority that the water supplier is eligible to receive assistance.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. MacGregor moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5676, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 19708 (MCL 324.19708), as amended by 2010 PA 232.
The bill was read a second time.
Rep. Foster 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. Kowall moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5096, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 27a and 68 of chapter X (MCL 710.27a and 710.68), section 27a as added by 1994 PA 208 and section 68 as amended by 1994 PA 373.
The bill was read a second time.
Rep. Price moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5097, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2010 PA 7.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families, Children, and Seniors,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Price moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5801, entitled
A bill to enter into the state and province emergency management assistance agreement.
The bill was read a second time.
Rep. Franz moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5789, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3801 (MCL 600.3801), as amended by 1988 PA 2.
The bill was read a second time.
Rep. LaFontaine moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5805, entitled
A bill to recognize the operation of health care sharing ministries by eligible entities; and to provide that entities that establish and operate health care sharing ministries are not engaging in the business of insurance.
The bill was read a second time.
Rep. Lyons moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Stamas moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
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Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
Rep. Stamas moved that when the House adjourns today it stand adjourned until Tuesday, November 27, at 1:30 p.m.
The motion prevailed.
Messages from the Senate
House Bill No. 5617, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44a (MCL 125.1444a), as amended by 2004 PA 549.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor on October 17, 2012.
House Bill No. 5618, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44c (MCL 125.1444c), as amended by 2004 PA 535.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor on October 17, 2012.
House Bill No. 5620, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 32b (MCL 125.1432b), as amended by 2004 PA 549.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor on October 17, 2012.
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 Wednesday, October 17:
House Bill Nos. 5960 5961 5962 5963 5964 5965 5966 5967 5968 5969 5970 5971 5972 5973
5974 5975 5976 5977 5978 5979 5980 5981 5982 5983
The Clerk announced that the following Senate bills had been received on Wednesday, October 17:
Senate Bill Nos. 969 1000 1091 1141 1179 1188 1209 1230 1236 1239 1241 1261 1262 1263
1264 1265 1279 1281 1283 1284 1285 1295 1296 1307 1313 1314
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, October 18, for his approval of the following bill:
Enrolled House Bill No. 5697 at 1:50 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, October 18:
Senate Bill Nos. 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351
The Clerk announced that the following Senate bills had been received on Thursday, October 18:
Senate Bill Nos. 1293 1294
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, October 25, for his approval of the following bills:
Enrolled House Bill No. 5617 at 11:50 a.m.
Enrolled House Bill No. 5618 at 11:52 a.m.
Enrolled House Bill No. 5620 at 11:54 a.m.
The Clerk announced that the following bill had been printed and placed upon the files of the members on Thursday, November 8:
Senate Bill No. 1358
The Clerk announced that the following Senate bills had been received on Thursday, November 8:
Senate Bill Nos. 694 1008 1051 1132 1155 1156 1157 1158 1238 1276 1280 1287 1303 1335
1336
Reports of Standing Committees
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 152, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding sections 7, 8, 9, 10, and 11 to chapter III.
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. Walsh, Heise, Damrow, Somerville, Cotter, Graves, Meadows, Oakes, Brown and Irwin
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 192, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 871 (MCL 600.871), as amended by 2005 PA 326.
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. Walsh, Heise, Damrow, Jacobsen, Pettalia, Somerville, Graves, Meadows and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 688, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 423 (MCL 750.423).
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, line 8, by striking out the balance of the bill and inserting:
“Enacting section 1. This amendatory act takes effect April 1, 2013.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 689 of the 96th Legislature is enacted into law.”.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Damrow, Somerville, Cotter, Graves, Meadows, Oakes, Brown and Irwin
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 689, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2102 (MCL 600.2102) and by adding chapter 21A.
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. Walsh, Heise, Damrow, Somerville, Cotter, Graves, Meadows, Oakes, Brown and Irwin
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 707, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1852 (MCL 600.1852) and by adding chapter 22.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 5, line 8, after “ON” by striking out “JULY 1, 2012” and inserting “APRIL 1, 2013”.
2. Amend page 5, line 9, after “EFFECT” by striking out the balance of the bill and inserting “APRIL 1, 2013.
Enacting section 1. Section 1852 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1852, as amended by this amendatory act, takes effect April 1, 2013.”.
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Damrow, Somerville, Cotter, Graves, Meadows, Oakes, Brown and Irwin
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 726, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2005 PA 35.
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. Walsh, Heise, Damrow, Somerville, Cotter, Graves, Meadows, Oakes, Brown and Irwin
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 845, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 4a of chapter IX (MCL 769.4a), as amended by 2006 PA 663.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 4, line 27, after “effect” by striking out the balance of the enacting section and inserting “April 1, 2013.”.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Damrow, Somerville, Graves, Meadows, Constan, Oakes, Brown and Irwin
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 846, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2011 PA 169.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 4, line 8, after “effect” by striking out the balance of enacting section 1 and inserting “April 1, 2013.”.
2. Amend page 4, line 10, by striking out all of enacting section 2 and inserting:
“Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 96th Legislature are enacted into law:
(a) Senate Bill No. 847.
(b) Senate Bill No. 848.”.
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Damrow, Somerville, Graves, Meadows, Constan, Oakes, Brown and Irwin
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 847, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 81 and 81a (MCL 750.81 and 750.81a), as amended by 2001 PA 190.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 4, line 24, after “amendatory” by striking out the balance of the enacting section and inserting “act takes effect April 1, 2013.”.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Damrow, Somerville, Graves, Meadows, Constan, Oakes, Brown and Irwin
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 848, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 84 (MCL 750.84).
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, line 8, after “effect” by striking out the balance of the enacting section and inserting “April 1, 2013.”.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Damrow, Somerville, Graves, Meadows, Constan, Oakes, Brown and Irwin
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 895, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6023 (MCL 600.6023), as amended by 1998 PA 61.
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. Walsh, Heise, Damrow, Somerville, Cotter, Graves, Meadows, Constan, Brown and Irwin
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 901, entitled
A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 144 (MCL 559.244), as added by 1982 PA 538.
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. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Graves, Meadows, Irwin and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 902, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5070 (MCL 600.5070), as added by 2000 PA 419, and by adding section 5037 to chapter 50; and to repeal acts and parts of acts.
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. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Graves, Meadows, Irwin and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 903, entitled
A bill to provide for the enforceability of agreements to arbitrate disputes; to provide procedures for the arbitration of disputes; to provide remedies, including remedies for the enforcement of arbitration agreements, rulings, and awards; and to provide immunity from civil liability and testimonial privileges.
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. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Graves, Meadows, Irwin and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 934, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 520b, 520c, 520d, and 520e (MCL 750.520b, 750.520c, 750.520d, and 750.520e), as amended by 2007 PA 163.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 14, line 23, after “effect” by striking out the balance of the enacting section and inserting “April 1, 2013.”.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Damrow, Somerville, Cotter, Graves, Meadows, Oakes, Brown and Irwin
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 1056, entitled
A bill to amend 1925 PA 289, entitled “An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,” by amending sections 1a, 2, 2a, 3, 3a, and 8 (MCL 28.241a, 28.242, 28.242a, 28.243, 28.243a, and 28.248), sections 1a and 3a as amended and section 8 as added by 2001 PA 187, section 2 as amended by 2001 PA 203, section 2a as added by 2005 PA 310, and section 3 as amended by 2004 PA 222.
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. Walsh, Heise, Damrow, Somerville, Graves, Meadows, Constan, Oakes, Brown and Irwin
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Walsh, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Thursday, November 8, 2012
Present: Reps. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh
Absent: Reps. Muxlow and Olumba
Excused: Reps. Muxlow and Olumba
The Committee on Energy and Technology, by Rep. Horn, Chair, reported
House Bill No. 5952, entitled
A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 401c (MCL 484.1401c), as amended by 2012 PA 260.
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. Horn, Shirkey, Opsommer, Crawford, Kowall, Franz, Jacobsen, McBroom, Nesbitt, Outman, Price, Zorn, Stallworth, Brunner, Smiley, Switalski and Hobbs
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Horn, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Thursday, November 8, 2012
Present: Reps. Horn, Shirkey, Opsommer, Crawford, Kowall, Franz, Jacobsen, McBroom, Nesbitt, Outman, Price, Zorn, Stallworth, Irwin, Brunner, Cavanagh, Smiley, Switalski, Greimel and Hobbs
Absent: Rep. Roy Schmidt
Excused: Rep. Roy Schmidt
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Pettalia, Vice-Chair, of the Committee on Local, Intergovernmental, and Regional Affairs, was received and read:
Meeting held on: Thursday, November 8, 2012
Present: Reps. Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Townsend, Rutledge and Lane
Absent: Reps. Ouimet and Stapleton
Excused: Reps. Ouimet and Stapleton
Messages from the Senate
House Concurrent Resolution No. 66.
A concurrent resolution prescribing the legislative schedule.
(For text of concurrent resolution, see today’s Journal, p. 2249.)
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
Senate Bill No. 694, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 2 of chapter XIIA (MCL 712A.2), as amended by 2001 PA 211.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 969, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 101 (MCL 388.1701), as amended by 2012 PA 201.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 1000, entitled
A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 7a (MCL 722.27a), as amended by 1996 PA 19.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1008, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 317.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1051, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1203.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 1091, entitled
A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending sections 2 and 30a (MCL 125.2302 and 125.2330a), section 30a as amended by 2006 PA 328.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 1132, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 24 of chapter X (MCL 710.24), as amended by 2004 PA 487.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Senate Bill No. 1141, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding chapter XIA.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1155, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5201, 5202, 5203, and 5204 (MCL 324.5201, 324.5202, 324.5203, and 324.5204), section 5201 as amended by 2005 PA 257, sections 5202 and 5203 as added by 2002 PA 397, and section 5204 as amended by 2010 PA 232, and by adding sections 5204e and 5204f.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1156, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5301 and 5303 (MCL 324.5301 and 324.5303), section 5301 as amended by 2005 PA 255 and section 5303 as amended by 2002 PA 398; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1157, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5402 and 5406 (MCL 324.5402 and 324.5406), as added by 1997 PA 26.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1158, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 19708 (MCL 324.19708), as amended by 2010 PA 232.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1179, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 321 (MCL 600.321), as amended by 2011 PA 130.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1188, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 252d, 252g, and 252k (MCL 257.252d, 257.252g, and 257.252k), as amended by 2008 PA 539.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 1209, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 40 of chapter XVII (MCL 777.40), as added by 1998 PA 317.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1230, entitled
A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending section 16 (MCL 125.2316), as amended by 2006 PA 328.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 1236, entitled
A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending sections 2 and 22 (MCL 287.1102 and 287.1122).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Senate Bill No. 1238, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1902, 1905, 1907, and 1907a (MCL 324.1902, 324.1905, 324.1907, and 324.1907a), section 1902 as amended by 2004 PA 587, section 1905 as added by 1995 PA 60, section 1907 as amended by 2008 PA 229, and section 1907a as added by 2002 PA 52.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1239, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1311b and 1311h (MCL 380.1311b and 380.1311h), as added by 1999 PA 23.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 1241, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 907 (MCL 257.907), as amended by 2011 PA 159.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 1261, entitled
A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending sections 2, 3, and 4 (MCL 409.302, 409.303, and 409.304), sections 2 and 3 as amended by 1994 PA 394 and section 4 as amended by 1985 PA 30, and by adding a heading for chapter I.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1262, entitled
A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending sections 5, 7, 8, and 9 (MCL 409.305, 409.307, 409.308, and 409.309), section 7 as amended by 1989 PA 50 and section 9 as amended by 1985 PA 30, and by adding section 6a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1263, entitled
A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending section 13 (MCL 409.313) and by adding section 14 and chapter II; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1264, entitled
A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” (MCL 409.301 to 409.313) by adding sections 25 and 26.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1265, entitled
A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending sections 11 and 12a (MCL 409.311 and 409.312a), section 12a as amended by 2007 PA 147.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1276, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 504, 35101, 35501, 35502, 35503, and 52502 (MCL 324.504, 324.35101, 324.35501, 324.35502, 324.35503, and 324.52502), section 504 as amended by 2009 PA 47, section 35101 as amended by 1996 PA 290, sections 35501, 35502, and 35503 as added by 1995 PA 59, and section 52502 as added by 2004 PA 125; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1279, entitled
A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 7 (MCL 338.887), as amended by 2002 PA 205.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 1280, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 501, 503, 2131, and 2132 (MCL 324.501, 324.503, 324.2131, and 324.2132), section 503 as amended by 2012 PA 294, section 2131 as amended by 2006 PA 308, and section 2132 as amended by 2012 PA 240.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1281, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 6 (MCL 408.476), as amended by 2010 PA 323.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Senate Bill No. 1283, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending section 1a (MCL 445.1651a), as amended by 2009 PA 76.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Senate Bill No. 1284, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending section 2 (MCL 445.1632).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Senate Bill No. 1285, entitled
A bill to amend 1977 PA 135, entitled “An act to prohibit certain mortgage lending practices by a credit granting institution; to prescribe the powers and duties of the commissioner of the financial institutions bureau in relation to those practices; to permit the establishment of local mortgage review boards; and to provide remedies and penalties,” by amending section 1 (MCL 445.1601).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Senate Bill No. 1287, entitled
A bill to amend 2006 PA 379, entitled “Qualified forest property recapture tax act,” by amending section 5 (MCL 211.1035).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1293, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2213b, 2242, 3426, 3705, 3712, 5008, 5104, 5209, 5800, and 5824 (MCL 500.2213b, 500.2242, 500.3426, 500.3705, 500.3712, 500.5008, 500.5104, 500.5209, 500.5800, and 500.5824), section 2213b as amended by 1998 PA 457, section 2242 as amended by 1990 PA 305, section 3426 as added by 2006 PA 412, sections 3705 and 3712 as added by 2003 PA 88, section 5008 as amended by 1994 PA 226, section 5104 as amended by 1999 PA 211, and section 5800 as amended by 2000 PA 8, and by adding sections 3405a, 3428, 3472, 3474a, 3612a, 5801, 5805, 5825, and 5826.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Insurance.
Senate Bill No. 1294, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending the title and sections 218, 401e, and 414b (MCL 550.1218, 550.1401e, and 550.1414b), the title as amended by 1994 PA 169, section 218 as added by 2002 PA 559, section 401e as added by 1996 PA 516, and section 414b as added by 2006 PA 413, and by adding sections 201a, 220, 400, 401m, 410b, 501c, and 620 and part 6A.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Insurance.
Senate Bill No. 1295, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2004 PA 225.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1296, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5838 (MCL 600.5838), as amended by 1986 PA 178, and by adding section 5838b.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1303, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a, 18f, and 19a of chapter XIIA (MCL 712A.13a, 712A.18f, and 712A.19a), section 13a as amended by 2012 PA 163 and sections 18f and 19a as amended by 2012 PA 115.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1307, entitled
A bill to amend 1962 PA 60, entitled “An act to provide for the day parole of prisoners in county jails to permit them to be gainfully employed outside the jail or pursue other activities; to provide for the granting of reductions in terms of imprisonment and the regulation thereof; and to provide for the disposition of earnings from such employment,” by amending section 1 (MCL 801.251), as amended by 1987 PA 146, and by adding section 1a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1313, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145c (MCL 750.145c), as amended by 2004 PA 478.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1314, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145c (MCL 750.145c), as amended by 2004 PA 478.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1335, entitled
A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 14 (MCL 408.1014), as amended by 1991 PA 105.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 1336, entitled
A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending sections 5, 14a, 14b, 14d, 14e, 14f, 14h, 14j, 14k, 14l, 24, 31, 54, and 63 (MCL 408.1005, 408.1014a, 408.1014b, 408.1014d, 408.1014e, 408.1014f, 408.1014h, 408.1014j, 408.1014k, 408.1014l, 408.1024, 408.1031, 408.1054, and 408.1063), sections 5, 31, and 63 as amended and sections 14a, 14b, 14d, 14e, 14h, 14j, 14k, and 14l as added by 1986 PA 80, section 14f as amended by 1996 PA 70, and section 24 as amended by 1991 PA 105; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Commerce from further consideration of House Bill No. 4024.
Rep. Agema
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Commerce from further consideration of House Bill No. 4026.
Rep. Agema
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 4305.
Rep. Agema
Messages from the Governor
Date: October 23, 2012
Time: 3:47 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5697 (Public Act No. 343), being
An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding section 9156.
(Filed with the Secretary of State October 23, 2012, at 4:27 p.m.)
Date: November 7, 2012
Time: 9:04 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5617 (Public Act No. 344, I.E.), being
An act to amend 1966 PA 346, entitled “An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,” by amending section 44a (MCL 125.1444a), as amended by 2004 PA 549.
(Filed with the Secretary of State November 7, 2012, at 3:18 p.m.)
Date: November 7, 2012
Time: 9:06 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5618 (Public Act No. 345, I.E.), being
An act to amend 1966 PA 346, entitled “An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,” by amending section 44c (MCL 125.1444c), as amended by 2004 PA 535.
(Filed with the Secretary of State November 7, 2012, at 3:20 p.m.)
Date: November 7, 2012
Time: 9:08 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5620 (Public Act No. 346, I.E.), being
An act to amend 1966 PA 346, entitled “An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,” by amending section 32b (MCL 125.1432b), as amended by 2004 PA 549.
(Filed with the Secretary of State November 7, 2012, at 3:22 p.m.)
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
October 8, 2012
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2012-029-LR (Secretary of State Filing #12-10-01) on this date at 4:27 P.M. for the Department of Licensing and Regulatory Affairs, entitled “General Industry Part 69 Compressed Gasses: Acetylene, Hydrogen, Oxygen, and Nitrogen Oxide”.
This rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
October 8, 2012
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2012-074-EQ (Secretary of State Filing #12-10-02) on this date at 4:29 P.M. for the Department of Environmental Quality, entitled “Part 3 Emission Limitations and Prohibitions – Particulate Matter (Rule 349)”.
This rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
October 8, 2012
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2012-089-EQ (Secretary of State Filing #12-10-03) on this date at 4:31 P.M. for the Department of Environmental Quality, entitled “Underground Storage Tank QC and CP Rules”.
This rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
Sincerely,
Ruth Johnson
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
The following communication from the Bureau of State Lottery was received and read:
October 18, 2012
In accordance with Section 432.23(4) of the McCauley-Traxler-Law-Bowman-McNeely Lottery Act, Act 239 of 1972 as amended, I respectfully submit to you the Bureau of State Lottery’s licensing report for Fiscal Year 2012.
The Bureau received 1,235 applications in Fiscal Year 2012, all of which were processed and notified, within 30 days after receipt, of any incompleteness. The applicant has six months to provide the additional information or the application is closed. The Bureau immediately licenses those who have completed their licensing application and have submitted all required information on any given business day. It is pertinent to the Bureau and the generation of revenue to license applicants immediately upon receipt of all required information. As a result, 958 complete applications were received in Fiscal Year 2012 and licensed within the 90-day time period described
in subsection (2). The Bureau does not require renewal applications.
A total of 74 applications were denied for credit and security issues. A breakdown of the applications received in Fiscal Year 2012 by the Bureau is detailed in the following table:
Licensed | 958 |
Pending | 128 |
Closed | 75 |
Denied | 74 |
Total | 1235 |
All complete applications received by the Bureau were licensed within the 90-day time period resulting in no money returned to applicants as described under subsection (3).
Should you need further explanation of the above or of any other matters pertaining to the Michigan Lottery, please feel free to contact me at any time.
Sincerely,
M. Scott Bowen
Commissioner
The communication was referred to the Clerk.
The following communication from the Department of Technology, Management and Budget was received and read:
October 24, 2012
Section 298c of Public Act 431 of 1984 requires the Department of Technology, Management and Budget to report annually regarding the progress of the Michigan Capitol Park. This park encompasses the Veterans Memorial Park and is the future site of the Michigan Law Enforcement Officers Memorial Monument.
Since October of 2009, there have been no changes in the development or operation of the Michigan Capitol Park, or to the master plan.
If you have any further questions regarding the Michigan Capitol Park, please contact me at 373-4978.
Sincerely,
John E. Nixon, CPA
Director
The communication was referred to the Clerk.
Introduction of Bills
Rep. Heise introduced
House Bill No. 5984, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106 (MCL 400.106), as amended by 2006 PA 144, and by adding section 106b.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Rep. Johnson introduced
House Bill No. 5985, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57w.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Rep. Johnson introduced
House Bill No. 5986, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2012 PA 115.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Johnson introduced
House Bill No. 5987, entitled
A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 7b (MCL 722.27b), as amended by 2009 PA 237.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Nesbitt introduced
House Bill No. 5988, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14a (MCL 205.104a), as amended by 2008 PA 439.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Nesbitt introduced
House Bill No. 5989, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 18 (MCL 205.68), as amended by 2008 PA 438.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Nesbitt introduced
House Bill No. 5990, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 21 (MCL 205.21), as amended by 2006 PA 11.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Nesbitt introduced
House Bill No. 5991, entitled
A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending section 31 (MCL 567.251), as amended by 1997 PA 195.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Opsommer introduced
House Bill No. 5992, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10f; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Rep. Opsommer introduced
House Bill No. 5993, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 726c (MCL 257.726c), as amended by 1989 PA 173.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Shirkey introduced
House Bill No. 5994, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1531j.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Shirkey introduced
House Bill No. 5995, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16181 (MCL 333.16181), as amended by 2006 PA 643.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Shirkey introduced
House Bill No. 5996, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 213 (MCL 339.213).
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Opsommer introduced
House Bill No. 5997, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 675d (MCL 257.675d), as amended by 2010 PA 211.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Opsommer introduced
House Bill No. 5998, entitled
A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” by amending sections 4 and 5b (MCL 124.504 and 124.505b), section 4 as amended by 2002 PA 439 and section 5b as added by 1998 PA 169.
The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
Rep. Opsommer introduced
House Bill No. 5999, entitled
A bill to require a student testing service to allow test takers to opt out of certain requirements to submit a photograph or likeness.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Opsommer introduced
House Bill No. 6000, entitled
A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” (MCL 124.501 to 124.512) by adding section 2a.
The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
Rep. Opsommer introduced
House Bill No. 6001, entitled
A bill to prohibit the inclusion of certain facilitative technology devices in driver licenses; and to disallow state participation in certain programs, compacts, or other agreements.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Opsommer introduced
House Bill No. 6002, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Opsommer introduced
House Bill No. 6003, entitled
A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 4 (MCL 28.304).
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Lyons introduced
House Bill No. 6004, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 3, 4, 5, 6, 1260, and 1280c (MCL 380.3, 380.4, 380.5, 380.6, 380.1260, and 380.1280c), section 3 as amended by 2007 PA 45, sections 4 and 5 as amended by 2011 PA 232, section 6 as amended by 2009 PA 205, section 1260 as amended by 1995 PA 289, and section 1280c as amended by 2011 PA 8, and by adding sections 1260a, 1701b, and 1701c and part 7c.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Denby introduced
House Bill No. 6005, entitled
A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 611 (MCL 141.2611), as amended by 2010 PA 321.
The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
Reps. Denby and Rogers introduced
House Bill No. 6006, entitled
A bill to amend 1978 PA 260, entitled “An act to revise and codify the laws relating to blind persons and persons with a visual disability; to create a commission; to prescribe its powers and duties and those of other state agencies relative to blind persons; to provide services, education, training, and assistance to blind persons; to regulate concessions operated by blind persons; to transfer powers, duties, functions, and appropriations; and to repeal acts and parts of acts,” by amending section 10 (MCL 393.360).
The bill was read a first time by its title and referred to the Committee on Government Operations.
Rep. Huuki introduced
House Bill No. 6007, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 24, 25, 27, 34c, and 53 (MCL 211.24, 211.25, 211.27, 211.34c, and 211.53), section 24 as amended by 2002 PA 620, section 27 as amended by 2010 PA 340, section 34c as amended by 2011 PA 320, and section 53 as amended by 1983 PA 24, and by adding sections 7oo, 7pp, and 7qq; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Huuki introduced
House Bill No. 6008, entitled
A bill to levy specific taxes on certain nonferrous metallic minerals on certain taxpayers in this state; to provide for the levy, collection, and administration of the specific tax; to provide certain reporting requirements; to provide for certain penalties; to provide certain exemptions, credits, and refunds; and to provide for the distribution of the specific tax.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Huuki introduced
House Bill No. 6009, entitled
A bill to establish certain programs that promote the sustainability of land-based industries and support infrastructure that benefits rural communities; to establish a fund and provide for its use; and to prescribe the powers and duties of certain state agencies and officials.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Huuki introduced
House Bill No. 6010, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4dd.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Huuki introduced
House Bill No. 6011, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4aa.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Huuki introduced
House Bill No. 6012, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 623 (MCL 206.623), as amended by 2011 PA 312, and by adding section 31b.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Meadows and Haveman introduced
House Bill No. 6013, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 16, 18, 200i, 204, 207, 209, 210, 211a, 316, 436, 520b, and 543f (MCL 750.16, 750.18, 750.200i, 750.204, 750.207, 750.209, 750.210, 750.211a, 750.316, 750.436, 750.520b, and 750.543f), sections 16 and 18 as amended by 2004 PA 213, sections 200i, 204, 207, 209, and 210 as amended by 2003 PA 257, section 211a as amended by 2004 PA 523, section 316 as amended by 2006 PA 415, section 436 as amended by 2002 PA 135, section 520b as amended by 2007 PA 163, and section 543f as added by 2002 PA 113.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Haveman introduced
House Bill No. 6014, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2010 PA 353, and by adding section 34d.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Haveman introduced
House Bill No. 6015, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter IX (MCL 769.1), as amended by 1999 PA 87, and by adding sections 1m and 1n to chapter IX.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Walsh and Haveman introduced
House Bill No. 6016, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18 of chapter XIIA (MCL 712A.18), as amended by 2011 PA 295.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Meadows and Haveman introduced
House Bill No. 6017, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 16, 18, 200i, 204, 207, 209, 210, 211a, 316, 436, 520b, and 543f (MCL 750.16, 750.18, 750.200i, 750.204, 750.207, 750.209, 750.210, 750.211a, 750.316, 750.436, 750.520b, and 750.543f), sections 16 and 18 as amended by 2004 PA 213, sections 200i, 204, 207, 209, and 210 as amended by 2003 PA 257, section 211a as amended by 2004 PA 523, section 316 as amended by 2006 PA 415, section 436 as amended by 2002 PA 135, section 520b as amended by 2007 PA 163, and section 543f as added by 2002 PA 113.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Haveman introduced
House Bill No. 6018, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter IX (MCL 769.1), as amended by 1999 PA 87, and by adding section 1m to chapter IX.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Haveman introduced
House Bill No. 6019, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2010 PA 353, and by adding section 34d.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Horn, Crawford, Pscholka, Knollenberg, Roy Schmidt, Glardon, Rogers, Graves, Johnson, Potvin, Farrington, Jacobsen, Olson, MacGregor, Haines, Lori, Lyons, Daley, Huuki, Shaughnessy and Price introduced
House Bill No. 6020, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding sections 483b and 957a.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Rep. Hobbs introduced
House Bill No. 6021, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712A.32) by adding section 19d to chapter XIIA.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Rep. Gilbert introduced
House Bill No. 6022, entitled
A bill to amend 2002 PA 48, entitled “Metropolitan extension telecommunications rights-of-way oversight act,” by amending sections 2 and 3 (MCL 484.3102 and 484.3103).
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Gilbert introduced
House Bill No. 6023, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 515 (MCL 208.1515), as amended by 2009 PA 106.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Gilbert introduced
House Bill No. 6024, entitled
A bill to provide for the levy and collection of special assessments on certain property to defray the costs of essential services.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Gilbert introduced
House Bill No. 6025, entitled
A bill to create a metropolitan authority; to prescribe the powers, duties, and jurisdictions of the metropolitan authority; and to prescribe the powers and duties of certain state officials.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Gilbert introduced
House Bill No. 6026, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3 and 21 (MCL 205.93 and 205.111), section 3 as amended by 2007 PA 103 and section 21 as amended by 2010 PA 37.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Stapleton, Lane, Ananich, Talabi, Cavanagh, Liss and Hobbs introduced
House Bill No. 6027, entitled
A bill to amend 2008 PA 429, entitled “Nonferrous metal regulatory act,” by amending the title and sections 1, 3, 5, 7, 9, 11, 13, 15, and 17 (MCL 445.421, 445.423, 445.425, 445.427, 445.429, 445.431, 445.433, 445.435, and 445.437).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Roy Schmidt introduced
House Bill No. 6028, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 13524.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Wayne Schmidt introduced
House Bill No. 6029, entitled
A bill to authorize the state administrative board to convey certain state-owned property in Grand Traverse and Otsego counties; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments in regard to the properties; to provide for disposition of revenue derived from the conveyances; and to authorize the state administrative board to transfer certain state-owned property in Jackson county from the state transportation department to the department of corrections.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Bauer introduced
House Bill No. 6030, entitled
A bill to authorize the state administrative board to convey certain parcels of state-owned property in Ingham, Schoolcraft, and Wayne counties; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments in regard to the properties; and to provide for disposition of revenue derived from the conveyances.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Poleski introduced
House Bill No. 6031, entitled
A bill to create certain loan programs for information, communications, and technology improvements; to facilitate the operation of certain programs; and to impose certain duties on certain state officers and employees.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Announcements by the Clerk
October 18, 2012
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit of the Michigan State Disbursement Unit, Office of Child Support, Department of Human Services, October 2012.
October 25, 2012
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit of Facility Closures and Consolidations, Department of Corrections, October 2012.
Gary L. Randall
Clerk of the House
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Moss, Chair, reported
House Bill No. 5931, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 111a (MCL 400.111a), as amended by 2000 PA 187.
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. Moss, Haveman, Agema, Genetski, Lori, Rogers, Bumstead, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Durhal, Lindberg, Lipton, McCann and Tlaib
Nays: None
The Committee on Appropriations, by Rep. Moss, Chair, reported
Senate Bill No. 564, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106a (MCL 400.106a), as added by 2003 PA 32.
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. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Durhal, Lindberg, Lipton, McCann and Tlaib
Nays: None
The Committee on Appropriations, by Rep. Moss, Chair, reported
Senate Bill No. 1133, entitled
A bill to authorize the state administrative board to convey certain parcels of state-owned property in Washtenaw county; to prescribe conditions for the conveyance; 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 conveyance.
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. Moss, Haveman, Agema, Genetski, Lori, Rogers, Bumstead, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Durhal, Lindberg, Lipton, McCann and Tlaib
Nays: None
The Committee on Appropriations, by Rep. Moss, Chair, reported
Senate Bill No. 1195, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 109k.
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. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka and Potvin
Nays: None
The Committee on Appropriations, by Rep. Moss, Chair, reported
Senate Bill No. 1196, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 204, 212, 224, and 232a (MCL 330.1204, 330.1212, 330.1224, and 330.1232a), sections 204, 212, and 224 as amended and section 232a as added by 1995 PA 290; and to repeal acts and parts of acts.
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. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka and Potvin
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Moss, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, November 8, 2012
Present: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Durhal, Lindberg, Lipton, McCann and Tlaib
Absent: Rep. Jackson
Excused: Rep. Jackson
______
Rep. Huuki moved that the House adjourn.
The motion prevailed, the time being 4:15 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, November 27, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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