No. 79
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2012
House Chamber, Lansing, Thursday, December 6, 2012.
12:00 Noon.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present 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—present Oakes—present Switalski—present
Denby—present Jacobsen—present Olson—present Talabi—present
Dillon—present Jenkins—present Olumba—present Tlaib—present
Durhal—present Johnson—present Opsommer—present Townsend—present
Farrington—present Kandrevas—present Ouimet—present 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. George T. Darany, from the 15th District, offered the following invocation:
“Holy Father, we stand before You today in reverence to You and devotion to the will of Your people. We ask that our work be not confrontational, but rather that we find the unity that comes with our common humanity and our desire for justice and equality for all the people of our great state. Let us be not only representatives of those who rely upon us, but let us also be representatives of those ideals which were brought forth to us, over the centuries, through all of Your holy books, by the great men and women upon whose shoulders we stand today. We humbly ask this in Your name, Amen.”
Motions and Resolutions
Rep. Stamas moved that there be a Call of the House.
The motion prevailed, a majority of the members present voting therefor.
Proceedings Under the Call
Rep. Stamas moved that the House proceed with the business under the Call.
The motion prevailed.
Point of Order
Rep. Segal requested a ruling of the Chair on why all the staff but one who is not here today, have been ordered to leave the floor.
The Chair ruled that the order has been ruled upon and stands.
Point of Order
Rep. Segal requested a ruling of the Chair on where in the rules staff must leave the floor.
The Chair ruled that the House Rules are available to all as they were voted upon by all and are being applied to all members equally.
Third Reading of Bills
Senate Bill No. 909, entitled
A bill to provide for certain regional transit authorities; to provide regional public transportation; to prescribe certain powers and duties of a regional transit authority and of certain state agencies and officials; to authorize the levy of an assessment and to provide for the issuance of bonds and notes; to collect certain taxes; to make appropriations; to provide for the pledge of assessment revenues and other funds for bond and note payments; and to repeal acts and parts of acts.
(The bill was read a third time and postponed temporarily on December 5, see House Journal No. 78, p. 2484.)
The question being on the passage of the bill,
Rep. Stamas moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore O’Brien to the Chair.
Comments and Recommendations
Rep. Stamas moved that the following remarks be printed in the Journal.
The motion prevailed.
Rep. Womack:
“‘Feeling gratitude and not expressing it is like wrapping a present and not sending it.’
Wm A. Ward
With genuine gratitude, I thank each and every one of you for this opportunity to share a few words about the journey I took to get here today, a journey that began when I accepted a call to ordained ministry.
A little over 10 years ago I realized, after close to 15 years as a practicing physician specializing in the practice of anesthesia and pain management, that people were hurting at a deeper level, a spiritual level if you will.
Shortly thereafter I entered seminary seeking a better understanding of good and evil and became ordained.
Be careful what you asked for is often heard and here what it meant for me.
Shortly after ordination, I became an elected official serving on the Detroit Public School Board as their first president following a 9 year state takeover, and for the record, DPS has been under state control for over 12 years and remains so today.
Very tragically and unexpected, I lost my wife, Sophie, also a physician and hospital administrator and just about one of the most complete persons I have ever met. My daughters, Brandi and Ashley grieve today over the loss of their mother, a loving spouse, mother and friend.
Prior to her death, Sophie and now State Senator Virgil Smith asked me to run for Virgil’s former house seat.
I told them both absolutely not, but no matter how well you plan your day, God ultimately gives the measure.
In honor of my wife and following her unexpected death on February 17th 2008, and recognizing to whom much is given much is required, I took on the task of running for state representative in House District 7.
I have been told it was the largest pool of candidates in such a race, I could be wrong.
But what I’m right about is this; it was a tough campaign as most are. Maybe tougher, but worth the journey.
It was said I was not a real medical professional, I am.
It was said that I was not ordained, I am.
It was said, my suits cost too much money, and they do, because in my world, anything over a $100 is too much. I am more frugal than some may think.
Campaign rhetoric hurts each of us and it harms our democratic system.
Many untruths, many false accusations and at the end of the day, all that was said, was much to do about nothing.
That doesn’t mean that the chatter did not hurt, it does and it hurts all of us that put forth to serve. The equation is twisted!
And by the way, anyone who tells you it’s not personal, news flash, it is very personal.
But there is a blessing in all of this. God will often make your enemies your footstool. When you are trying to do what is honorable and pleasing in His eyes, that is biblical, that is personal and political!
During the past seven years I learned a lot, a lot about myself as well as about the political process.
I’ve learned that what Jack say’s about Jill say’s more about Jack than it does about Jill. I learned that you should be careful about what you say about others and how you treat people, because it ain’t no fun when the rabbits got the gun.
I’ve learned that when some elected officials say they represent the people, I can only hope not my people.
Why you might say, here’s why?
I’m glad you asked. Because I love them and want what’s best for them.
The God I worship has given those who believe the gift to choose, and that is why I support the democratic process.
As flawed as it may, be it is still the best political system in the world.
I am reminded of this everyday when I look at the pen that what was given to my grandmother, Mrs. Ella Mae Gothard-Bransom, a Republican, by President Lyndon B. Johnson a Democrat, who used the pen to sign the 1965, Voter’s Right Amendment. Legislation that, by the way, we find under attack. Imagine that, a bill creating voting rights in a free society under attack. It time to untwist things, and I trust the genesis of that notion is within this Chamber.
Along the way I’ve met some bad, really bad people, some spiritually bankrupt people. People who will say and do anything to get their way. Whose only concern is what have you done for me lately, who seem to forget the many things you may have done well or for them, these same people won’t let you live down the one thing they believe you’ve done wrong.
I met people who will forget who I am if they have not already done so, not because you can easily forget that Jimmy Womack has been in the house literally and figuratively, but because in their eyes, I no longer have value or they believe I can no longer deliver for them or carry their water. To these people I say thank you and good bye.
I have also met some very good people, some anointed people, people who walk the walk and not just talk the talk.
Individuals whose yes is yes and no is no, people like many of you here today, who would greet me with a smile regardless of what you might be dealing with on a personal level.
People who would call me to check on me when I was not present, who would share cookies with me, pray for me who would call me on my birthday, who defended me when others would falsely accuse me of things I didn’t do, couldn’t do and wouldn’t do, people who understand that I don’t have to be wrong for them to be right.
To these people I say thank you, I will see you later.
It’s been a great journey serving in the House, one, I will never forget.
One area this public service has compromised is the time I could not be with my daughters and others I love.
I now have the opportunity to engage family and friends with quality time, love and care.
It will just get better going forward.
Jesus said, ‘...That what you do for the least of them you also do for me’ and the more you give the more you get back.
My dear colleagues: I beseech you to love people even if you don’t like them and to forgive over and over again, because we all fall short the glory of God.
In closing, I thank God for giving me the opportunity to have this experience un-matched by any other that I’ve had.
I thank the constituents of House District 7 for electing me, those who endorsed me or supported me because they believed in me, those who worked against me because it freed me, I want to thank the chairs of the committees on which I served for their dignity and patience. I want to thank leadership on both sides of the aisle although I don’t agree with everything you do. I want to thank my staff, Danielle Johnson and Jasonn Mims. Finally, I thank my friends, family and all of you.
For those of you who might be wondering what in the world am I going to do next, it’s whatever God calls me to do.
My prayer was not to get re-elected but to give honor and glory to God.
My dear friends, there is a time for departure even when there’s no certain place to go, so I let go and trust in the natural evolution of my soul.
May!..The Lord bless you, and keep you;
May!...The Lord make His face shine upon you,
And be gracious to you;
May!...The Lord lift up His countenance upon you,
And give you peace.”
______
The Speaker Pro Tempore resumed the Chair.
Point of Order
Rep. Segal requested a ruling of the Chair as there is a lawsuit being filed because the building is closed and requests that the House recess until such time that the building is open.
The Chair ruled that the lawsuit has no bearing on the House doing business and that people are coming and going from the building.
Rep. Segal appealed the decision of the Chair.
The question being, “Shall the judgment of the Chair stand as the judgment of the House?”
The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 688 Yeas—64
Agema Goike Lori Poleski
Bolger Graves Lund Potvin
Bumstead Haines Lyons Price
Callton Haveman MacGregor Pscholka
Cotter Heise MacMaster Rendon
Crawford Hooker McBroom Rogers
Daley Horn McMillin Schmidt, R.
Damrow Hughes Moss Schmidt, W.
Denby Huuki Muxlow Shaughnessy
Farrington Jacobsen Nesbitt Shirkey
Forlini Jenkins O’Brien Somerville
Foster Johnson Olson Stamas
Franz Knollenberg Opsommer Tyler
Genetski Kowall Ouimet Walsh
Gilbert Kurtz Outman Yonker
Glardon LaFontaine Pettalia Zorn
Nays—46
Ananich Durhal LeBlanc Segal
Barnett Geiss Lindberg Slavens
Bauer Greimel Lipton Smiley
Bledsoe Hammel Liss Stallworth
Brown Haugh McCann Stanley
Brunner Hobbs Meadows Stapleton
Byrum Hovey-Wright Nathan Switalski
Cavanagh Howze Oakes Talabi
Clemente Irwin Olumba Tlaib
Constan Jackson Rutledge Townsend
Darany Kandrevas Santana Womack
Dillon Lane
In The Chair: Walsh
By unanimous consent the House returned to the order of
Second Reading of Bills
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Insurance,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
Rep. Lund moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Stamas 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
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 689 Yeas—61
Agema Goike Lori Potvin
Bolger Graves Lund Price
Bumstead Haines Lyons Pscholka
Callton Haveman MacGregor Rendon
Cotter Heise MacMaster Rogers
Crawford Hooker McBroom Schmidt, R.
Daley Horn Muxlow Schmidt, W.
Damrow Hughes Nesbitt Shaughnessy
Denby Huuki O’Brien Shirkey
Farrington Jacobsen Olson Somerville
Forlini Jenkins Opsommer Stamas
Foster Knollenberg Ouimet Tyler
Franz Kowall Outman Walsh
Genetski Kurtz Pettalia Yonker
Gilbert LaFontaine Poleski Zorn
Glardon
Nays—49
Ananich Geiss LeBlanc Santana
Barnett Greimel Lindberg Segal
Bauer Hammel Lipton Slavens
Bledsoe Haugh Liss Smiley
Brown Hobbs McCann Stallworth
Brunner Hovey-Wright McMillin Stanley
Byrum Howze Meadows Stapleton
Cavanagh Irwin Moss Switalski
Clemente Jackson Nathan Talabi
Constan Johnson Oakes Tlaib
Darany Kandrevas Olumba Townsend
Dillon Lane Rutledge Womack
Durhal
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” 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, 3407c, 3428, 3472, 3474a, 3612a, 5801, 5805, 5825, and 5826.
The motion prevailed.
The House agreed to the title as amended.
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
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Insurance,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
Rep. Lund moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Lund moved to amend the bill as follows:
1. Amend page 4, line 22, after “AGREEMENT” by inserting a comma and “AND ITS DEFINITION OF CERTIFICATE WHICH EXCLUDES AS COVERED SERVICES BENEFITS PROVIDED PURSUANT TO AUTOMOBILE NO-FAULT OR WORKER’S COMPENSATION COVERAGE,”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Stamas 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
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 690 Yeas—61
Agema Goike Lori Potvin
Bolger Graves Lund Price
Bumstead Haines Lyons Pscholka
Callton Haveman MacGregor Rendon
Cotter Heise MacMaster Rogers
Crawford Hooker McBroom Schmidt, R.
Daley Horn Muxlow Schmidt, W.
Damrow Hughes Nesbitt Shaughnessy
Denby Huuki O’Brien Shirkey
Farrington Jacobsen Olson Somerville
Forlini Jenkins Opsommer Stamas
Foster Knollenberg Ouimet Tyler
Franz Kowall Outman Walsh
Genetski Kurtz Pettalia Yonker
Gilbert LaFontaine Poleski Zorn
Glardon
Nays—49
Ananich Geiss LeBlanc Santana
Barnett Greimel Lindberg Segal
Bauer Hammel Lipton Slavens
Bledsoe Haugh Liss Smiley
Brown Hobbs McCann Stallworth
Brunner Hovey-Wright McMillin Stanley
Byrum Howze Meadows Stapleton
Cavanagh Irwin Moss Switalski
Clemente Jackson Nathan Talabi
Constan Johnson Oakes Tlaib
Darany Kandrevas Olumba Townsend
Dillon Lane Rutledge Womack
Durhal
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1980 PA 350, entitled “An act to provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal certain acts and parts of acts,” 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, 402d, 410b, 501c, and 620 and part 6A.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas 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 O’Brien to the Chair.
Comments and Recommendations
Rep. Gilbert:
“I will be brief - I want to keep Pete Lund’s’ attention to the end. I have a few remarks about him I want him to hear. We all know Pete has the attention span of a Labrador retriever.
My overriding thought today is one of gratitude. I am grateful to God for this experience in my life. One man who works in this chamber helped lead me to enter the Catholic Church - I will be eternally grateful to him.
It had been a desire of mine to serve in the legislature since I was very young. The reason, I believe, was hearing about my Grandpa serving many years ago.
I lost both my parents during this time; my Dad in the Primary just before I was elected and my Ma during my second election for the Senate. I think they prepared me well for serving. They gave me a sense of duty and to do it cheerfully. Holly will attest I am particularly good at being cheerful. A special thanks to my brother who took care of our parents and the business while I served and campaigned. I couldn’t have done this without him.
I need to mention Shirley Wallace. Shirley called me just after I was sworn in and asked if I wanted a prayer partner. She has contacted me every month over the last 14 years to see if I had any requests. Her commitment to Jesus Christ is an inspiration to me.
I need to express my thanks to the clerks, maintenance staff, IT, human resources and the Sergeants for making this experience so enjoyable. Between the policy staff and my staff, they have actually made me look like I know what I was doing a couple of times.
In a 14 year period you have a lot of staff. I am going to mention only two. Gary Muentener, who was with me for almost all my 14 years - that’s loyalty - and Gabe Basso, who single-handedly prolonged Senate session an additional hour one late December night. I’ve had a lot of seat-mates, and we all know how important they become to us. Let me mention one. I sat next to Senator Sanborn for eight years. One time when he was presiding, he introduced me as the former Captain of Algonac High’s Men’s Synchronized-Swimming Team. He is one of a kind - we can all be thankful for that.
14 years is a long time to do anything. To put it in perspective, when I took office Frank and Andrea were eleven, and Mark Ouimet had just applied for a replacement AARP card after wearing out the first one.
There has always been a rivalry between the House and Senate, and Mark Meadows has repeatedly reminded me of everything that’s wrong with the Senate. One story from the Senate: There were two Senators sitting in the Farnum building and looking at the Capitol. One said, ‘It is a great honor to be a State Senator; 10-million people and only 38 of us.’ The other said, ‘Yes, it is an honor to be a Senator, but with 10-million people, don’t you think they could have done better?’ Looking at the current Senate, maybe not. At the end of my political career there is one face to remind me of the beginning, and oh what a face. I met Peter Lund back in 1990. He was managing a Congressional race and I was a volunteer (By the way, our candidate got about 40%). I was wondering if Jase had that on his resume when he asked to be Campaign chair. I want you all to know Pete is the same guy today that he was back then, even after all his success and election to the house leadership, he’s still the same guy (funny thing is he thinks that is a compliment).
Thanks to Jase and Jim for how well the floor has been run, the best in my 14 years. I want to thank all of you for your kindness to me. I respect all of you for having the guts to put your name on the ballot and serve. Thanks to Holly and Andrea who made me laugh just about every day. Ma said the best people are the ones who make you laugh. But I am thankful for the Macomb Co. graduates I served with. If it wasn’t for Al Sanborn, Pete Lund, and Andrea LaFontaine, I would be the crazy one.”
Rep. Tyler:
“As I look back on my four years as the state representative for the 78th district, I am reminded of what an honor — and a pleasure — it has been to serve the state of Michigan as a whole and the people of the Great Southwest in particular.
I first decided to run for this office after I had testified before the Senate Finance Committee about the job-killing Michigan Business Tax. With over 30 years of experience as an economic developer, I knew that this tax needed to be abolished — and I knew that I could not sit back and wait for others to fix the problem.
Now, as I prepare to leave office, I think back to my very first House Bill — known as the ‘Just Shoot ‘Em’ bill — and it is amazing to think of all the laws I have voted on in these past four years. We have removed burdensome regulations, balanced the state’s budget, improved efficiency and become more transparent as a governing body. The Michigan Business Tax has been repealed, and we are in the process of reinventing and reinvigorating Michigan. The road to recovery has been long — and we have not reached the end yet — but we as a legislature should be proud of what we have accomplished to repair this state.
But being a representative is about so much more than creating, amending or repealing laws — it is about listening to our constituents and taking care of them. This, above all else, has been the greatest part of my job. I am honored to have been a part of so many people’s lives, and I hope that I have served them well.
There are aspects of my time in Lansing I will definitely NOT miss — having to run for office every two years, being locked in chambers as we struggled to balance the budget, waking up on the couch of our Green House apartment soaking wet because the roof was leaking.
However, these pale in comparison to the fond memories I will carry with me for the rest of my life and the things I will miss about being a state representative. This job has given me the opportunity to do so many things I would not have been able to do otherwise.
I traveled to Turkey with Representatives Agema and Liss, where I experienced their beautiful country and their wonderful hospitality. I also learned how to barter over a python coat that Representative Agema wanted to purchase for his wife.
I climbed the Mackinac Bridge with Representatives Haines, Kowall, Rogers, Geiss, Genetski and Bolger, where I got lost inside the bridge’s tower and had to use Representative Rogers’ voice to find my way out.
I was able to meet Tommy James and present him with a tribute in front of the Senate. As we were walking down the aisle, he told me it felt like we were getting married.
I also met Ted Nugent, who was here to testify about the feral swine legislation. After snapping a picture with him and his son, Toby, I gave Toby my beloved ‘Cat Scratch Fever’ album in the hopes that Ted would sign it. He never did, and I never got the album back. So Ted Nugent, wherever you are, you owe me a copy of ‘Cat Scratch Fever!’
I will miss looking out of my office’s bay window and seeing our beautiful Capitol, just as I will miss my fellow representatives. I will miss our caucus meetings, the barbecues on Hayford Street, introducing the Blossomtime court each summer and being chauffeured around town by Representatives Nesbitt, Genetski, Stamas, Walsh, Haines and Pettalia to name just a few.
I will always remember the experience of sharing one bedroom and one bathroom with seven female colleagues — despite my best efforts to forget some of those cramped, cold nights.
I will miss those ‘Jedi Knights and Protectors of the Universe’ — the desk sergeants — who found me passed out in the elevator after donating blood. Luckily, I had my ‘I Gave Blood’ sticker on, or they would have called 9-1-1!
And every March, I will miss reading ‘House Mouse, Senate Mouse’ to the students in my district and answering the all-important question, ‘Is Steven Tyler your brother?!’ (The answer, of course, is yes.)
However, these great memories would not have been possible without the great people I shared them with, and I would also like to use this time to thank those amazing colleagues and friends.
Thank you first, and foremost, to God.
And a heartfelt thank you to my friends, family and my constituents. Without you (and your votes), none of this would have been possible.
Thank you to the clerks who have served us so diligently, and to Dawn Doerr and the rest of our communications staff who has, somehow, managed to make us all look good in the media.
Thank you to our maintenance crew, who rescued my keys after I had dropped them down the elevator shaft, and to Joe Baumann and Fred Schaible from my first term, who were both always available and willing to answer my questions.
I also want to thank my amazing staff, who has taken such good care me over the years. You are like family to me.
Amy, who is now working for the Michigan Retailers Association, but who was there for me when my late husband passed away. You have always made me look good — whether it was introducing legislation, running my campaigns or picking out the most flattering pictures of me.
Will, who made sure I didn’t get lost during my first term and walked me to all of my committee meetings for two entire years. You have taken such good care of both me and my constituents.
Lauren, who is an exceptional writer. You have been very patient with me and my constituents, and you are truly a sweetheart.
And Greg, my long-term intern, who is always excited and enthusiastic to be there. Thank you all for your dedication to this office and to the people we serve.
And a special thank you to Representative Haines, my co-founder of the Blonde Caucus. We have gotten massages and gone on shopping trips, done donuts in my Hummer and shared secrets, hard times and glasses of wine. You are the person I could confide in, and we could always call each other at any time of the day or night. You have gotten us into a lot of trouble over the years by using my name instead of yours — but you are my best friend in Lansing, and a dear friend everywhere else. You will be deeply missed.
Though I am leaving here to begin a new journey as the 38th Berrien County Clerk, this experience — and these people — will always be a part of my life. Thank you for these past four years, and God bless you all.”
______
The Speaker Pro Tempore resumed the Chair.
By unanimous consent the House returned to the order of
Third Reading of Bills
The House returned to the consideration of
Senate Bill No. 909, entitled
A bill to provide for certain regional transit authorities; to provide regional public transportation; to prescribe certain powers and duties of a regional transit authority and of certain state agencies and officials; to authorize the levy of an assessment and to provide for the issuance of bonds and notes; to collect certain taxes; to make appropriations; to provide for the pledge of assessment revenues and other funds for bond and note payments; and to repeal acts and parts of acts.
(The bill was considered earlier today, see today’s Journal, p. 2506.)
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 691 Yeas—57
Bolger Haines Lori Poleski
Bumstead Haveman Lyons Potvin
Callton Hooker MacGregor Price
Cotter Horn MacMaster Pscholka
Crawford Hughes McBroom Rendon
Daley Huuki Moss Rogers
Damrow Jackson Muxlow Schmidt, R.
Denby Jacobsen Nesbitt Schmidt, W.
Forlini Jenkins O’Brien Shaughnessy
Foster Johnson Olson Shirkey
Franz Knollenberg Opsommer Stamas
Genetski Kowall Ouimet Walsh
Gilbert Kurtz Outman Yonker
Glardon Liss Pettalia Zorn
Graves
Nays—50
Agema Durhal Lane Santana
Ananich Farrington LeBlanc Segal
Barnett Geiss Lindberg Slavens
Bauer Goike Lipton Smiley
Bledsoe Greimel Lund Somerville
Brown Hammel McCann Stallworth
Brunner Haugh McMillin Stanley
Byrum Heise Meadows Stapleton
Cavanagh Hobbs Nathan Switalski
Clemente Hovey-Wright Oakes Talabi
Constan Irwin Olumba Tlaib
Darany Kandrevas Rutledge Tyler
Dillon LaFontaine
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
Senate Bill No. 445, 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 10b, 10c, 10d, 10e, 10h, 10l, and 10n (MCL 247.660b, 247.660c, 247.660d, 247.660e, 247.660h, 247.660l, and 247.660n), section 10b as amended by 1982 PA 438, section 10c as amended by 2010 PA 257, section 10e as amended by 2008 PA 487, section 10h as amended by 2002 PA 498, section 10l as amended by 1987 PA 234, and section 10n as amended by 2002 PA 329.
The bill was read a second time.
Rep. Stamas 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
Senate Bill No. 445, 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 10b, 10c, 10d, 10e, 10h, 10l, and 10n (MCL 247.660b, 247.660c, 247.660d, 247.660e, 247.660h, 247.660l, and 247.660n), section 10b as amended by 1982 PA 438, section 10c as amended by 2010 PA 257, section 10e as amended by 2008 PA 487, section 10h as amended by 2002 PA 498, section 10l as amended by 1987 PA 234, and section 10n as amended by 2002 PA 329.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 692 Yeas—56
Bolger Graves Lori Poleski
Bumstead Haines Lyons Potvin
Callton Haveman MacGregor Price
Cotter Horn MacMaster Pscholka
Crawford Hughes McBroom Rendon
Daley Huuki Moss Rogers
Damrow Jackson Muxlow Schmidt, R.
Denby Jacobsen Nesbitt Schmidt, W.
Forlini Jenkins O’Brien Shaughnessy
Foster Johnson Olson Shirkey
Franz Knollenberg Opsommer Stamas
Genetski Kowall Ouimet Walsh
Gilbert Kurtz Outman Yonker
Glardon Liss Pettalia Zorn
Nays—52
Agema Durhal LaFontaine Santana
Ananich Farrington Lane Segal
Barnett Geiss LeBlanc Slavens
Bauer Goike Lindberg Smiley
Bledsoe Greimel Lipton Somerville
Brown Hammel Lund Stallworth
Brunner Haugh McCann Stanley
Byrum Heise McMillin Stapleton
Cavanagh Hobbs Meadows Switalski
Clemente Hooker Nathan Talabi
Constan Hovey-Wright Oakes Tlaib
Darany Irwin Olumba Tyler
Dillon Kandrevas Rutledge Womack
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
Senate Bill No. 911, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2011 PA 159, and by adding section 801j.
The bill was read a second time.
Rep. Stamas 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
Senate Bill No. 911, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2011 PA 159, and by adding section 801j.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Stamas moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 912, entitled
A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by 2011 PA 113.
The bill was read a second time.
Rep. Smiley moved to amend the bill as follows:
1. Amend page 1, line 5, after “(B)” by striking out “THE” and inserting “SECTION 15 OF THE”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Stamas 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
Senate Bill No. 912, entitled
A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by 2011 PA 113.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Stamas moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 967, 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 section 1 (MCL 247.651), as amended by 2008 PA 303.
The bill was read a second time.
Rep. Stamas 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
Senate Bill No. 967, 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 section 1 (MCL 247.651), as amended by 2008 PA 303.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Stamas moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 334, entitled
A bill to amend 1961 PA 120, entitled “An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; to provide for the creation, operation, and dissolution of business improvement zones; and to authorize the collection of revenue and the bonding of certain local governmental units for the development or redevelopment projects,” by amending sections 10, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i, 10j, 10k, 10l, and 10m (MCL 125.990, 125.990a, 125.990b, 125.990c, 125.990d, 125.990e, 125.990f, 125.990g, 125.990h, 125.990i, 125.990j, 125.990k, 125.990l, and 125.990m), as added by 2001 PA 260.
The bill was read a second time.
Rep. McMillin moved to amend the bill as follows:
1. Amend page 12, following line 27, by inserting:
“(6) IF A BUSINESS IMPROVEMENT ZONE AND ZONE PLAN IS ADOPTED UNDER THIS SECTION, ANY PROPERTY OWNER WITHIN THAT BUSINESS IMPROVEMENT ZONE MAY, WITHIN 60 DAYS AFTER THE ADOPTION OF THE BUSINESS IMPROVEMENT ZONE AND ZONE PLAN, OPT OUT OF ANY ASSESSMENT BY SUBMITTING A SIGNED LETTER TO THE TREASURER OF THE LOCAL GOVERNMENTAL UNIT. ALL PROPERTY OWNERS WITHIN THE BUSINESS IMPROVEMENT ZONE SHALL BE NOTIFIED IN THE ELECTION MATERIALS PROVIDED UNDER SUBSECTION (1) OF THEIR OPTION TO OPT OUT OF ALL ASSESSMENTS AS PROVIDED UNDER THIS SUBSECTION.” and renumbering the remaining subsections.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Yonker 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 to amend the bill as follows:
1. Amend page 20, following line 8, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4520 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Hammel moved to amend the bill as follows:
1. Amend page 20, following line 8, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4461 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Greimel moved to amend the bill as follows:
1. Amend page 20, following line 8, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5361 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Greimel moved to amend the bill as follows:
1. Amend page 20, following line 8, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5360 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Stamas 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. Wayne Schmidt moved that the Committee on Commerce be discharged from further consideration of House Bill No. 4054.
(For first notice see House Journal No. 78, p. 2504.)
The question being on the motion made by Rep. Wayne Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
House Bill No. 4054, entitled
A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; and to prescribe means of enforcement and penalties for violations of this act,” by amending section 14 (MCL 423.14) and by adding section 14a.
The bill was read a second time.
Rep. Shirkey moved to substitute (H-10) the bill.
The motion prevailed and the substitute (H-10) was adopted, a majority of the members serving voting therefor.
Rep. Knollenberg 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. 4054, entitled
A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; and to prescribe means of enforcement and penalties for violations of this act,” by amending section 14 (MCL 423.14) and by adding section 14a.
The bill was read a third time.
The question being on the passage of the bill,
Point of Order
Rep. Segal requested a ruling of the Chair on why, when there is a court ordered injunction that this building be open, we are here when the building is not open.
The Chair ruled that the injunction mentioned does not relate to an issue under the jurisdiction of this body.
Rep. Segal appealed the decision of the Chair.
The question being, “Shall the judgment of the Chair stand as the judgment of the House?”
The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 693 Yeas—64
Agema Goike Lori Poleski
Bolger Graves Lund Potvin
Bumstead Haines Lyons Price
Callton Haveman MacGregor Pscholka
Cotter Heise MacMaster Rendon
Crawford Hooker McBroom Rogers
Daley Horn McMillin Schmidt, R.
Damrow Hughes Moss Schmidt, W.
Denby Huuki Muxlow Shaughnessy
Farrington Jacobsen Nesbitt Shirkey
Forlini Jenkins O’Brien Somerville
Foster Johnson Olson Stamas
Franz Knollenberg Opsommer Tyler
Genetski Kowall Ouimet Walsh
Gilbert Kurtz Outman Yonker
Glardon LaFontaine Pettalia Zorn
Nays—42
Ananich Dillon Lane Segal
Barnett Durhal LeBlanc Slavens
Bauer Geiss Lindberg Smiley
Bledsoe Hammel Lipton Stallworth
Brown Haugh Liss Stanley
Brunner Hobbs McCann Stapleton
Byrum Hovey-Wright Nathan Talabi
Cavanagh Howze Oakes Tlaib
Clemente Irwin Rutledge Townsend
Constan Jackson Santana Womack
Darany Kandrevas
In The Chair: Walsh
Rep. Stamas moved that the Call of the House be lifted.
The motion prevailed.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 694 Yeas—58
Agema Graves Lund Poleski
Bolger Haines Lyons Potvin
Bumstead Haveman MacGregor Price
Callton Heise MacMaster Pscholka
Cotter Hooker McMillin Rendon
Crawford Hughes Moss Rogers
Daley Huuki Muxlow Schmidt, R.
Damrow Jacobsen Nesbitt Schmidt, W.
Denby Jenkins O’Brien Shaughnessy
Farrington Johnson Olson Shirkey
Foster Knollenberg Opsommer Stamas
Franz Kowall Ouimet Tyler
Genetski Kurtz Outman Walsh
Gilbert LaFontaine Pettalia Yonker
Glardon Lori
Nays—52
Ananich Forlini Lane Segal
Barnett Geiss LeBlanc Slavens
Bauer Goike Lindberg Smiley
Bledsoe Greimel Lipton Somerville
Brown Hammel Liss Stallworth
Brunner Haugh McBroom Stanley
Byrum Hobbs McCann Stapleton
Cavanagh Horn Meadows Switalski
Clemente Hovey-Wright Nathan Talabi
Constan Howze Oakes Tlaib
Darany Irwin Olumba Townsend
Dillon Jackson Rutledge Womack
Durhal Kandrevas Santana Zorn
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; and to prescribe means of enforcement and penalties for violations of this act,” by amending the title and sections 1, 2, 8, 14, 17, and 22 (MCL 423.1, 423.2, 423.8, 423.14, 423.17, and 423.22).
The motion prevailed.
The House agreed to the title as amended.
______
Rep. Zorn, 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:
My vote was representative of District 56.”
Rep. Bledsoe, 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:
Mr. Speaker, I struggled to come up with the right approach for this speech. In the end, concluding that there was enough passion out there and that my passionate voice was un-needed, I decided to revert to my primary career role of, for want of a better term ‘dispelling ignorance.’ There is a lot of ignorance involving right to work.
The primary argument I hear on behalf of a right to work bill involves the unfettered freedom of workers to choose to avoid dues or agency fees. Freedom: a noble goal but a much-abused concept. Who, after all, can be opposed to ‘freedom’.
But indeed there are a number of cases, almost identical to the agency shop, where freedom is compromised – indeed – compromised by conservative and Republican leaning economic players.
Ever heard of the slogan ‘The Incredible, Edible Egg’ – Most of you have. Egg producers used this as a marketing tool to promote their industry – funded by a compulsory fee – a compulsory fee – on large egg producers.
Ever heard of the slogan ‘Beef – Its what’s for dinner’ – Most of you have. Cattle ranchers were assessed a per head fee – a compulsory per-head fee – on all cattle brought to slaughter in the United States. And yes, this was challenged in court – and upheld.
Ever heard of Pork being the other white meat? You guessed it – a marketing campaign by pork producers and funded by a per pig fee – a compulsory per pig fee – on every hog brought to slaughter.
‘Got Milk?’ Who has not heard that slogan by Dairy Producers funded by a per gallon fee — excuse me, a compulsory per gallon fee — on all milk sold in the United States.
So please, let’s keep these arguments for economic freedom in perspective. Freedom is rarely absolute, and compulsory workplace fees are not at all uncommon.
Another point about which there appears to be some confusion is the ‘Free rider problem’. To be clear, it IS a fact that federal law REQUIRES unions to represent and work for all employees in the workplace, union members and non-members – even pursuing grievances against management on behalf of non-members. This is called the ‘Duty of Fair Representation’ and is derived from court rulings pertaining to the National Labor Relations Act. Free-riders do exist in every right to work state – and will exist in Michigan. The get-something and pay nothing motive runs strong among many people – too many.
The economic prosperity argument offers that a right to work law will bring new jobs to Michigan. There are any number of economic analyses involving macro-economic outcomes associated with right to work laws. The evidence is really not compelling that new jobs are created in right to work states. The simple fact is that there are too many other cultural, economic, and policy differences among the states to conclude that right to work laws cause the creation of new jobs.
Let me talk of two other areas of common ignorance pertaining to right to work – ignorance of our state’s important labor history and ignorance involving democratic principles and political accountability.
In some ways, Michigan is the birthplace of the modern labor movement in America. It wasn’t an easy birthing by any means.
Strikes and violence against strikers was common in the 1930s. Reading an account of the so-called ‘Battle of the Overpass’ that took place in Detroit in May of 1937 gives one a chilling appreciation for the difficulties faced by early union organizers here in Michigan.
I am quoting and paraphrasing here: ‘At approximately 2 p.m., several of the leading UAW union organizers, including Walter Reuther, were asked by a Detroit News photographer to pose for a picture on the overpass, with the Ford sign in the background. While they were posing, men from Ford’s Service Department, an internal security force, came from behind and began to beat them. The number of attackers is disputed, but may have been as many as 40.
Walter Reuther described some of the treatment he received: ‘Seven times they raised me off the concrete and slammed me down on it. They pinned my arms . . . and I was punched and kicked and dragged by my feet to the stairway, thrown down the first flight of steps, picked up, slammed down on the platform and kicked down the second flight. On the ground they beat and kicked me some more. . .’
One union organizer suffered a broken back as the result of the beating he received.
The company security men then beat some of the beret-wearing women arriving to pass out leaflets, along with some reporters and photographers, while Dearborn police at the scene largely ignored the violence.
Friends, this did not take place in apartheid South Africa, Communist Eastern Europe, North Korea, or another third world country; nor did anything like this take place in Mississippi, Alabama, or any other long standing right to work state. This is a part of Michigan’s history, and a part of its history about which backers of right to work seem oblivious.
Finally, Mr. Speaker, as a close follower of democratic theory, let me point out how anti-democratic it is for a bill of this magnitude to be voted on by a membership the majority of whom are effective LAME DUCKS. That’s right, of the 110 members who will vote on this and other bills this month, 57, a majority, are effective lame ducks.
You see, with term limits, neither those leaving this December 31st, nor those termed out December 31st of 2014, will face the voters again. There is no holding the majority of members of this chamber accountable for their votes, and thus this truly is a remarkably undemocratic effort. The founding fathers would turn over in their graves at the prospect of the walking political dead making monumental policy decisions that will shape outcomes for years to come.
Mr. Speaker, I hope my comments have served to shed some light on a subject about which there is much heat. A thoughtful consideration of the facts that I have presented will lead to a ‘No’ vote on right to work in Michigan.
Thank you Mr. Speaker.”
Notices
I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House passed House Bill No. 4054.
Rep. Segal
By unanimous consent the House returned to the order of
Second Reading of Bills
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 second time.
Rep. Gilbert moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Gilbert moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Gilbert moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Gilbert moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5641, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 7 and 8d (MCL 722.627 and 722.628d), section 7 as amended by 2011 PA 70 and section 8d as amended by 2006 PA 618.
(The bill was read a second time and postponed temporarily on December 5, see House Journal No. 78, p. 2490.)
Rep. McCann moved to amend the bill as follows:
1. Amend page 12, following line 13, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5912 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Tlaib moved to amend the bill as follows:
1. Amend page 6, line 14, after “24.328.” by inserting “THE DEPARTMENT SHALL HOLD A HEARING UNDER THIS SUBSECTION IF THE HEARING REQUEST IS MADE LATER THAN 90 DAYS AFTER THE NOTICE IF THE DEPARTMENT DETERMINES THAT THE PERSON WHO IS THE SUBJECT OF THE REPORT OR RECORD DID NOT RECEIVE THE NOTICE UNTIL A DATE THAT IS WITHIN 90 DAYS BEFORE THE LATE REQUEST.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Durhal moved to amend the bill as follows:
1. Amend page 12, following line 13, by inserting:
“Enacting section 1. It is the intent of the legislature that the amendatory act be retroactive with an effective date January 1, 1995.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Durhal moved to amend the bill as follows:
1. Amend page 6, line 3, after “WITHIN” by striking out “90 DAYS FROM THE DATE OF SERVICE” and inserting “12 MONTHS FROM THE DATE”.
2. Amend page 6, line 6, after “WITHIN” by striking out “90 DAYS” and inserting “12 MONTHS.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Oakes moved to amend the bill as follows:
1. Amend page 12, following line 13, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4106 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. O’Brien moved to amend the bill as follows:
1. Amend page 6, line 14, after “24.328.” by inserting “THE DEPARTMENT MAY, FOR GOOD CAUSE, HOLD A HEARING UNDER THIS SUBSECTION IF THE DEPARTMENT DETERMINES THAT THE PERSON WHO IS THE SUBJECT OF THE REPORT OR RECORD SUBMITTED THE REQUEST FOR A HEARING WITHIN 60 DAYS AFTER THE 90-DAY NOTICE PERIOD EXPIRED.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. O’Brien moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5544, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 226, 227, and 231 (MCL 750.226, 750.227, and 750.231), section 227 as amended by 1986 PA 8 and section 231 as amended by 2006 PA 401; 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-2) previously recommended by the Committee on Natural Resources, Tourism, and Outdoor Recreation,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Greimel moved to amend the bill as follows:
1. Amend page 4, following line 18, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5145 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Greimel moved to amend the bill as follows:
1. Amend page 4, line 18, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4439 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Hammel moved to amend the bill as follows:
1. Amend page 4, following line 18, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4438 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Hammel moved to amend the bill as follows:
1. Amend page 4, following line 18, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5360 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Foster moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5887, entitled
A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending sections 3e and 3h (MCL 338.883e and 338.883h), section 3e as added by 1990 PA 246 and section 3h as added by 1992 PA 130.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Regulatory Reform (for amendment, see House Journal No. 78, Journal, p. 2468),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Hammel moved to amend the bill as follows:
1. Amend page 3, following line 6, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Joint Resolution NN of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Hammel moved to amend the bill as follows:
1. Amend page 3, following line 6, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5360 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Hammel moved to amend the bill as follows:
1. Amend page 3, following line 6, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5361 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Hammel moved to amend the bill as follows:
1. Amend page 3, following line 6, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4461 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Hammel moved to amend the bill as follows:
1. Amend page 3, following line 6, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4520 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Crawford moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5088, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24f (MCL 211.24f), as amended by 2000 PA 244.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. McMillin moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Segal moved that Rep. Womack be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Rep. Stamas moved that House Bill No. 6022 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
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).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 695 Yeas—57
Agema Glardon Kurtz Ouimet
Bolger Goike LaFontaine Outman
Bumstead Graves Lund Potvin
Callton Haines Lyons Price
Cotter Haveman MacGregor Pscholka
Crawford Heise MacMaster Rendon
Daley Hooker McBroom Rogers
Damrow Horn McMillin Schmidt, R.
Denby Hughes Moss Schmidt, W.
Farrington Huuki Muxlow Shirkey
Forlini Jacobsen Nesbitt Somerville
Foster Johnson O’Brien Stamas
Franz Knollenberg Olson Walsh
Genetski Kowall Opsommer Yonker
Gilbert
Nays—52
Ananich Geiss Lindberg Segal
Barnett Greimel Lipton Shaughnessy
Bauer Hammel Liss Slavens
Bledsoe Haugh Lori Smiley
Brown Hobbs McCann Stallworth
Brunner Hovey-Wright Meadows Stanley
Byrum Howze Nathan Stapleton
Cavanagh Irwin Oakes Switalski
Clemente Jackson Olumba Talabi
Constan Jenkins Pettalia Tlaib
Darany Kandrevas Poleski Townsend
Dillon Lane Rutledge Tyler
Durhal LeBlanc Santana Zorn
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that House Bill No. 6024 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 696 Yeas—57
Agema Glardon Kurtz Ouimet
Bolger Goike LaFontaine Outman
Bumstead Graves Lund Potvin
Callton Haines Lyons Price
Cotter Haveman MacGregor Pscholka
Crawford Heise MacMaster Rendon
Daley Hooker McBroom Rogers
Damrow Horn McMillin Schmidt, R.
Denby Hughes Moss Schmidt, W.
Farrington Huuki Muxlow Shirkey
Forlini Jacobsen Nesbitt Somerville
Foster Johnson O’Brien Stamas
Franz Knollenberg Olson Walsh
Genetski Kowall Opsommer Yonker
Gilbert
Nays—52
Ananich Geiss Lindberg Segal
Barnett Greimel Lipton Shaughnessy
Bauer Hammel Liss Slavens
Bledsoe Haugh Lori Smiley
Brown Hobbs McCann Stallworth
Brunner Hovey-Wright Meadows Stanley
Byrum Howze Nathan Stapleton
Cavanagh Irwin Oakes Switalski
Clemente Jackson Olumba Talabi
Constan Jenkins Pettalia Tlaib
Darany Kandrevas Poleski Townsend
Dillon Lane Rutledge Tyler
Durhal LeBlanc Santana Zorn
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that House Bill No. 6025 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 697 Yeas—57
Agema Glardon Kurtz Ouimet
Bolger Goike LaFontaine Outman
Bumstead Graves Lund Potvin
Callton Haines Lyons Price
Cotter Haveman MacGregor Pscholka
Crawford Heise MacMaster Rendon
Daley Hooker McBroom Rogers
Damrow Horn McMillin Schmidt, R.
Denby Hughes Moss Schmidt, W.
Farrington Huuki Muxlow Shirkey
Forlini Jacobsen Nesbitt Somerville
Foster Johnson O’Brien Stamas
Franz Knollenberg Olson Walsh
Genetski Kowall Opsommer Yonker
Gilbert
Nays—52
Ananich Geiss Lindberg Segal
Barnett Greimel Lipton Shaughnessy
Bauer Hammel Liss Slavens
Bledsoe Haugh Lori Smiley
Brown Hobbs McCann Stallworth
Brunner Hovey-Wright Meadows Stanley
Byrum Howze Nathan Stapleton
Cavanagh Irwin Oakes Switalski
Clemente Jackson Olumba Talabi
Constan Jenkins Pettalia Tlaib
Darany Kandrevas Poleski Townsend
Dillon Lane Rutledge Tyler
Durhal LeBlanc Santana Zorn
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that House Bill No. 6026 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 698 Yeas—57
Agema Glardon Kurtz Ouimet
Bolger Goike LaFontaine Outman
Bumstead Graves Lund Potvin
Callton Haines Lyons Price
Cotter Haveman MacGregor Pscholka
Crawford Heise MacMaster Rendon
Daley Hooker McBroom Rogers
Damrow Horn McMillin Schmidt, R.
Denby Hughes Moss Schmidt, W.
Farrington Huuki Muxlow Shirkey
Forlini Jacobsen Nesbitt Somerville
Foster Johnson O’Brien Stamas
Franz Knollenberg Olson Walsh
Genetski Kowall Opsommer Yonker
Gilbert
Nays—52
Ananich Geiss Lindberg Segal
Barnett Greimel Lipton Shaughnessy
Bauer Hammel Liss Slavens
Bledsoe Haugh Lori Smiley
Brown Hobbs McCann Stallworth
Brunner Hovey-Wright Meadows Stanley
Byrum Howze Nathan Stapleton
Cavanagh Irwin Oakes Switalski
Clemente Jackson Olumba Talabi
Constan Jenkins Pettalia Tlaib
Darany Kandrevas Poleski Townsend
Dillon Lane Rutledge Tyler
Durhal LeBlanc Santana Zorn
In The Chair: Walsh
The House agreed to the title of the bill.
______
Rep. Stamas moved that Rep. Tlaib be excused temporarily from today’s session.
The motion prevailed.
Rep. Stamas moved that House Bill No. 5641 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5641, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 7 and 8d (MCL 722.627 and 722.628d), section 7 as amended by 2011 PA 70 and section 8d as amended by 2006 PA 618.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 699 Yeas—68
Agema Graves Liss Pettalia
Bolger Haines Lori Poleski
Bumstead Haveman Lund Potvin
Callton Heise Lyons Price
Cotter Hooker MacGregor Pscholka
Crawford Horn MacMaster Rendon
Daley Hughes McBroom Rogers
Damrow Huuki McMillin Schmidt, R.
Denby Jackson Moss Schmidt, W.
Farrington Jacobsen Muxlow Shaughnessy
Forlini Jenkins Nesbitt Shirkey
Foster Johnson O’Brien Somerville
Franz Knollenberg Oakes Stamas
Genetski Kowall Olson Tyler
Gilbert Kurtz Opsommer Walsh
Glardon LaFontaine Ouimet Yonker
Goike LeBlanc Outman Zorn
Nays—40
Ananich Darany Irwin Santana
Barnett Dillon Kandrevas Segal
Bauer Durhal Lane Slavens
Bledsoe Geiss Lindberg Smiley
Brown Greimel Lipton Stallworth
Brunner Hammel McCann Stanley
Byrum Haugh Meadows Stapleton
Cavanagh Hobbs Nathan Switalski
Clemente Hovey-Wright Olumba Talabi
Constan Howze Rutledge Townsend
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that House Bill No. 5544 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5544, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 226, 227, and 231 (MCL 750.226, 750.227, and 750.231), section 227 as amended by 1986 PA 8 and section 231 as amended by 2006 PA 401; 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. 700 Yeas—66
Agema Graves Lori Poleski
Bolger Haines Lund Potvin
Bumstead Haveman Lyons Price
Callton Heise MacGregor Pscholka
Cotter Hooker MacMaster Rendon
Crawford Horn McBroom Rogers
Daley Hughes McMillin Schmidt, R.
Damrow Huuki Moss Schmidt, W.
Denby Jacobsen Muxlow Shaughnessy
Farrington Jenkins Nesbitt Shirkey
Forlini Johnson O’Brien Somerville
Foster Knollenberg Olson Stamas
Franz Kowall Opsommer Tyler
Genetski Kurtz Ouimet Walsh
Gilbert LaFontaine Outman Yonker
Glardon LeBlanc Pettalia Zorn
Goike Liss
Nays—43
Ananich Dillon Kandrevas Segal
Barnett Durhal Lane Slavens
Bauer Geiss Lindberg Smiley
Bledsoe Greimel Lipton Stallworth
Brown Hammel McCann Stanley
Brunner Haugh Meadows Stapleton
Byrum Hobbs Nathan Switalski
Cavanagh Hovey-Wright Oakes Talabi
Clemente Howze Olumba Tlaib
Constan Irwin Rutledge Townsend
Darany Jackson Santana
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 226, 227, and 231 (MCL 750.226, 750.227, and 750.231), section 227 as amended by 1986 PA 8 and section 231 as amended by 2006 PA 401.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that House Bill No. 5887 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5887, entitled
A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending sections 3e and 3h (MCL 338.883e and 338.883h), section 3e as added by 1990 PA 246 and section 3h as added by 1992 PA 130.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 701 Yeas—66
Agema Graves Lori Poleski
Bolger Haines Lund Potvin
Bumstead Haveman Lyons Price
Callton Heise MacGregor Pscholka
Cotter Hooker MacMaster Rendon
Crawford Horn McBroom Rogers
Daley Hughes McMillin Schmidt, R.
Damrow Huuki Moss Schmidt, W.
Denby Jacobsen Muxlow Shaughnessy
Farrington Jenkins Nesbitt Shirkey
Forlini Johnson O’Brien Somerville
Foster Knollenberg Olson Stamas
Franz Kowall Opsommer Tyler
Genetski Kurtz Ouimet Walsh
Gilbert LaFontaine Outman Yonker
Glardon LeBlanc Pettalia Zorn
Goike Liss
Nays—43
Ananich Dillon Kandrevas Segal
Barnett Durhal Lane Slavens
Bauer Geiss Lindberg Smiley
Bledsoe Greimel Lipton Stallworth
Brown Hammel McCann Stanley
Brunner Haugh Meadows Stapleton
Byrum Hobbs Nathan Switalski
Cavanagh Hovey-Wright Oakes Talabi
Clemente Howze Olumba Tlaib
Constan Irwin Rutledge Townsend
Darany Jackson Santana
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3h (MCL 338.883h), section 3h as added by 1992 PA 130.
The motion prevailed.
The House agreed to the title as amended.
The House returned to the consideration of
Senate Bill No. 911, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2011 PA 159, and by adding section 801j.
(The bill was considered earlier today, see today’s Journal, p. 2518.)
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 702 Yeas—57
Bolger Haines Lori Poleski
Bumstead Haveman Lyons Potvin
Callton Hooker MacGregor Price
Cotter Horn MacMaster Pscholka
Crawford Hughes McBroom Rendon
Daley Huuki Moss Rogers
Damrow Jackson Muxlow Schmidt, R.
Denby Jacobsen Nesbitt Schmidt, W.
Forlini Jenkins O’Brien Shaughnessy
Foster Johnson Olson Shirkey
Franz Knollenberg Opsommer Stamas
Genetski Kowall Ouimet Walsh
Gilbert Kurtz Outman Yonker
Glardon Liss Pettalia Zorn
Graves
Nays—50
Agema Durhal Lane Santana
Ananich Farrington LeBlanc Segal
Barnett Geiss Lindberg Slavens
Bauer Goike Lipton Smiley
Bledsoe Greimel Lund Somerville
Brown Hammel McCann Stallworth
Brunner Haugh McMillin Stanley
Byrum Heise Meadows Stapleton
Cavanagh Hobbs Nathan Switalski
Clemente Hovey-Wright Oakes Talabi
Constan Irwin Olumba Tlaib
Darany Kandrevas Rutledge Tyler
Dillon LaFontaine
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”
The House agreed to the full title.
The House returned to the consideration of
Senate Bill No. 912, entitled
A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by 2011 PA 113.
(The bill was considered earlier today, see today’s Journal, p. 2519.)
The question being on the passage of the bill,
Rep. Stamas moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Rep. Stamas moved that House Bill No. 5088 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5088, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24f (MCL 211.24f), as amended by 2000 PA 244.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 703 Yeas—63
Agema Goike LeBlanc Poleski
Bolger Graves Lori Potvin
Bumstead Haines Lund Price
Callton Haveman Lyons Pscholka
Cotter Heise MacGregor Rendon
Crawford Hooker MacMaster Rogers
Daley Horn McBroom Schmidt, R.
Damrow Hughes McMillin Schmidt, W.
Denby Huuki Moss Shaughnessy
Farrington Jacobsen Muxlow Shirkey
Forlini Jenkins Nesbitt Somerville
Foster Johnson O’Brien Stamas
Franz Knollenberg Olson Walsh
Genetski Kowall Opsommer Yonker
Gilbert Kurtz Ouimet Zorn
Glardon LaFontaine Outman
Nays—46
Ananich Durhal Lindberg Segal
Barnett Geiss Lipton Slavens
Bauer Greimel Liss Smiley
Bledsoe Hammel McCann Stallworth
Brown Haugh Meadows Stanley
Brunner Hobbs Nathan Stapleton
Byrum Hovey-Wright Oakes Switalski
Cavanagh Howze Olumba Talabi
Clemente Irwin Pettalia Tlaib
Constan Jackson Rutledge Townsend
Darany Kandrevas Santana Tyler
Dillon Lane
In The Chair: Walsh
The House agreed to the title of the bill.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Opsommer to the Chair.
House Bill No. 5936, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312f (MCL 257.312f), as amended by 2011 PA 159.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 704 Yeas—73
Agema Graves Liss Potvin
Bledsoe Haines Lori Price
Bolger Haveman Lund Pscholka
Brown Heise Lyons Rendon
Bumstead Hooker MacGregor Rogers
Callton Horn MacMaster Santana
Cotter Hughes McBroom Schmidt, R.
Crawford Huuki McMillin Schmidt, W.
Daley Jackson Moss Segal
Damrow Jacobsen Muxlow Shaughnessy
Denby Jenkins Nesbitt Shirkey
Farrington Johnson O’Brien Slavens
Forlini Knollenberg Olson Somerville
Foster Kowall Opsommer Stamas
Franz Kurtz Ouimet Tyler
Genetski LaFontaine Outman Walsh
Gilbert Lane Pettalia Yonker
Glardon LeBlanc Poleski Zorn
Goike
Nays—35
Ananich Dillon Kandrevas Smiley
Barnett Durhal Lindberg Stallworth
Bauer Geiss Lipton Stanley
Brunner Greimel McCann Stapleton
Byrum Hammel Meadows Switalski
Cavanagh Haugh Nathan Talabi
Clemente Hobbs Oakes Tlaib
Constan Hovey-Wright Olumba Townsend
Darany Irwin Rutledge
In The Chair: Opsommer
The House agreed to the title of the bill.
House Bill No. 5776, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1249 and 1249a (MCL 380.1249 and 380.1249a), section 1249 as amended and section 1249a as added by 2011 PA 102.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 705 Yeas—60
Agema Graves Lund Potvin
Bolger Haines Lyons Price
Bumstead Haveman MacGregor Pscholka
Callton Heise MacMaster Rendon
Cotter Hooker McBroom Rogers
Crawford Horn McMillin Schmidt, R.
Daley Hughes Moss Schmidt, W.
Damrow Huuki Muxlow Shaughnessy
Denby Jacobsen Nesbitt Shirkey
Farrington Jenkins O’Brien Somerville
Foster Johnson Olson Stamas
Franz Knollenberg Opsommer Stapleton
Genetski Kowall Ouimet Walsh
Gilbert Kurtz Outman Yonker
Glardon LaFontaine Poleski Zorn
Nays—49
Ananich Forlini Lane Rutledge
Barnett Geiss LeBlanc Santana
Bauer Goike Lindberg Segal
Bledsoe Greimel Lipton Slavens
Brown Hammel Liss Smiley
Brunner Haugh Lori Stallworth
Byrum Hobbs McCann Stanley
Cavanagh Hovey-Wright Meadows Switalski
Clemente Howze Nathan Talabi
Constan Irwin Oakes Tlaib
Darany Jackson Olumba Townsend
Dillon Kandrevas Pettalia Tyler
Durhal
In The Chair: Opsommer
The House agreed to the title of the bill.
Reps. Rutledge and Cavanagh moved that their names be removed as co‑sponsors of the bill.
The motion prevailed.
______
Rep. Segal moved that Rep. Lipton be excused temporarily from today’s session.
The motion prevailed.
Senate Bill No. 246, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2001 PA 211, and by adding sections 18n, 18o, 18p, 18q, 18r, and 18s to chapter XIIA.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 706 Yeas—69
Agema Graves Liss Poleski
Bolger Haines Lori Potvin
Brown Haveman Lund Price
Bumstead Heise Lyons Pscholka
Callton Hooker MacGregor Rendon
Cotter Horn MacMaster Rogers
Crawford Howze McBroom Santana
Daley Hughes McMillin Schmidt, R.
Damrow Huuki Moss Schmidt, W.
Denby Jacobsen Muxlow Shaughnessy
Farrington Jenkins Nesbitt Shirkey
Forlini Johnson O’Brien Somerville
Foster Knollenberg Olson Stamas
Franz Kowall Opsommer Tyler
Genetski Kurtz Ouimet Walsh
Gilbert LaFontaine Outman Yonker
Glardon LeBlanc Pettalia Zorn
Goike
Nays—39
Ananich Dillon Kandrevas Slavens
Barnett Durhal Lane Smiley
Bauer Geiss Lindberg Stallworth
Bledsoe Greimel McCann Stanley
Brunner Hammel Meadows Stapleton
Byrum Haugh Nathan Switalski
Cavanagh Hobbs Oakes Talabi
Clemente Hovey-Wright Olumba Tlaib
Constan Irwin Rutledge Townsend
Darany Jackson Segal
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,”
The House agreed to the full title.
Senate Bill No. 873, entitled
A bill to amend 1933 PA 254, entitled “The motor carrier act,” (MCL 475.1 to 479.43) by adding section 21 to article V.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 707 Yeas—57
Bolger Heise Lund Price
Callton Hooker Lyons Pscholka
Crawford Horn MacGregor Rendon
Daley Hughes MacMaster Rogers
Damrow Huuki McBroom Schmidt, R.
Denby Jacobsen Moss Schmidt, W.
Farrington Jenkins Muxlow Shaughnessy
Forlini Knollenberg O’Brien Shirkey
Foster Kowall Olson Somerville
Gilbert Kurtz Opsommer Stamas
Glardon LaFontaine Ouimet Tyler
Goike LeBlanc Outman Walsh
Graves Liss Pettalia Yonker
Haines Lori Poleski Zorn
Haveman
Nays—52
Agema Darany Jackson Potvin
Ananich Dillon Johnson Rutledge
Barnett Durhal Kandrevas Santana
Bauer Franz Lane Segal
Bledsoe Geiss Lindberg Slavens
Brown Genetski Lipton Smiley
Brunner Greimel McCann Stallworth
Bumstead Hammel McMillin Stanley
Byrum Haugh Meadows Stapleton
Cavanagh Hobbs Nathan Switalski
Clemente Hovey-Wright Nesbitt Talabi
Constan Howze Oakes Tlaib
Cotter Irwin Olumba Townsend
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to promote safety upon and conserve the use of public highways of the state; to provide for the supervision, regulation, and control of the use of such highways by all motor vehicles operated by carriers of property for hire upon or over such highways; to preserve, foster, and regulate transportation and permit the coordination of motor vehicle transportation facilities; to provide for the supervision, regulation, and control of the use of such highways by all motor vehicles for hire for such purposes; to classify and regulate carriers of property by motor vehicles for hire upon such public highways for such purposes; to give the Michigan Public Service Commission jurisdiction and authority to prevent evasion of this act through any device or arrangement; to insure adequate transportation service; to give the commission jurisdiction and authority to fix, alter, regulate, and determine rates, fares, charges, classifications, and practices of common motor carriers for such purposes; to give the commission jurisdiction and authority to require registration, conduct audits, and assess fees for motor carriers for unified carrier registration; to require filing with the commission of rates, fares, and charges of contract carriers and to authorize the commission to prescribe minimum rates, fares, and charges, and to require the observance thereof; to prevent unjust discrimination; to prescribe the powers and duties of said commission with reference thereto; to provide for appeals from the orders of such commission; to confer jurisdiction upon the circuit court for the county of Ingham for such appeals; to provide for the levy and collection of certain privilege fees and taxes for such carriers for such purposes and the disposition of such fees and taxes; and to provide for the enforcement of this act; and to prescribe penalties for its violations,”
The House agreed to the full title.
Senate Bill No. 264, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 6 (MCL 205.96), as amended by 2012 PA 117.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 708 Yeas—66
Agema Graves Lori Poleski
Bolger Haines Lund Potvin
Bumstead Haveman Lyons Price
Callton Heise MacGregor Pscholka
Cotter Hooker MacMaster Rendon
Crawford Horn McBroom Rogers
Daley Hughes McMillin Schmidt, R.
Damrow Huuki Moss Schmidt, W.
Denby Jacobsen Muxlow Shaughnessy
Farrington Jenkins Nesbitt Shirkey
Forlini Johnson O’Brien Somerville
Foster Knollenberg Olson Stamas
Franz Kowall Opsommer Tyler
Genetski Kurtz Ouimet Walsh
Gilbert LaFontaine Outman Yonker
Glardon LeBlanc Pettalia Zorn
Goike Liss
Nays—43
Ananich Dillon Kandrevas Segal
Barnett Durhal Lane Slavens
Bauer Geiss Lindberg Smiley
Bledsoe Greimel Lipton Stallworth
Brown Hammel McCann Stanley
Brunner Haugh Meadows Stapleton
Byrum Hobbs Nathan Switalski
Cavanagh Hovey-Wright Oakes Talabi
Clemente Howze Olumba Tlaib
Constan Irwin Rutledge Townsend
Darany Jackson Santana
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”
The House agreed to the full title.
Senate Bill No. 972, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 44 (MCL 211.44), as amended by 2011 PA 126.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 709 Yeas—67
Agema Goike Liss Poleski
Bolger Graves Lori Potvin
Brown Haines Lund Price
Bumstead Haveman Lyons Pscholka
Callton Heise MacGregor Rendon
Cotter Hooker MacMaster Rogers
Crawford Horn McBroom Schmidt, R.
Daley Hughes McMillin Schmidt, W.
Damrow Huuki Moss Shaughnessy
Denby Jacobsen Muxlow Shirkey
Farrington Jenkins Nesbitt Somerville
Forlini Johnson O’Brien Stamas
Foster Knollenberg Olson Tyler
Franz Kowall Opsommer Walsh
Genetski Kurtz Ouimet Yonker
Gilbert LaFontaine Outman Zorn
Glardon LeBlanc Pettalia
Nays—42
Ananich Durhal Lane Segal
Barnett Geiss Lindberg Slavens
Bauer Greimel Lipton Smiley
Bledsoe Hammel McCann Stallworth
Brunner Haugh Meadows Stanley
Byrum Hobbs Nathan Stapleton
Cavanagh Hovey-Wright Oakes Switalski
Clemente Howze Olumba Talabi
Constan Irwin Rutledge Tlaib
Darany Jackson Santana Townsend
Dillon Kandrevas
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Farrington moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 1148, entitled
A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 9 (MCL 207.559), as amended by 2008 PA 516.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 710 Yeas—58
Bolger Goike LeBlanc Pettalia
Bumstead Graves Liss Poleski
Callton Haines Lori Potvin
Cotter Haveman Lund Price
Crawford Heise Lyons Pscholka
Daley Horn MacGregor Rendon
Damrow Hughes McBroom Rogers
Denby Huuki Moss Schmidt, R.
Farrington Jacobsen Muxlow Schmidt, W.
Forlini Jenkins Nesbitt Shaughnessy
Foster Johnson O’Brien Stamas
Franz Knollenberg Olson Tyler
Genetski Kowall Ouimet Walsh
Gilbert Kurtz Outman Zorn
Glardon LaFontaine
Nays—51
Agema Durhal Lindberg Shirkey
Ananich Geiss Lipton Slavens
Barnett Greimel MacMaster Smiley
Bauer Hammel McCann Somerville
Bledsoe Haugh McMillin Stallworth
Brown Hobbs Meadows Stanley
Brunner Hooker Nathan Stapleton
Byrum Hovey-Wright Oakes Switalski
Cavanagh Howze Olumba Talabi
Clemente Irwin Opsommer Tlaib
Constan Jackson Rutledge Townsend
Darany Kandrevas Santana Yonker
Dillon Lane Segal
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Farrington moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Segal moved that Rep. Townsend be excused temporarily from today’s session.
The motion prevailed.
Senate Bill No. 939, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 14.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 711 Yeas—65
Agema Haines Lori Poleski
Bolger Haveman Lund Potvin
Bumstead Heise Lyons Price
Callton Hooker MacGregor Pscholka
Cotter Horn MacMaster Rendon
Crawford Hughes McBroom Rogers
Daley Huuki McMillin Schmidt, R.
Damrow Jacobsen Moss Schmidt, W.
Denby Jenkins Muxlow Shaughnessy
Farrington Johnson Nesbitt Shirkey
Forlini Knollenberg O’Brien Somerville
Foster Kowall Olson Stamas
Franz Kurtz Opsommer Tyler
Genetski LaFontaine Ouimet Walsh
Gilbert LeBlanc Outman Yonker
Glardon Liss Pettalia Zorn
Graves
Nays—43
Ananich Dillon Jackson Santana
Barnett Durhal Kandrevas Segal
Bauer Geiss Lane Slavens
Bledsoe Goike Lindberg Smiley
Brown Greimel Lipton Stallworth
Brunner Hammel McCann Stanley
Byrum Haugh Meadows Stapleton
Cavanagh Hobbs Nathan Switalski
Clemente Hovey-Wright Oakes Talabi
Constan Howze Olumba Tlaib
Darany Irwin Rutledge
In The Chair: Opsommer
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. Farrington moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 940, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2008 PA 133.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 712 Yeas—65
Agema Haines Lori Poleski
Bolger Haveman Lund Potvin
Bumstead Heise Lyons Price
Callton Hooker MacGregor Pscholka
Cotter Horn MacMaster Rendon
Crawford Hughes McBroom Rogers
Daley Huuki McMillin Schmidt, R.
Damrow Jacobsen Moss Schmidt, W.
Denby Jenkins Muxlow Shaughnessy
Farrington Johnson Nesbitt Shirkey
Forlini Knollenberg O’Brien Somerville
Foster Kowall Olson Stamas
Franz Kurtz Opsommer Tyler
Genetski LaFontaine Ouimet Walsh
Gilbert LeBlanc Outman Yonker
Glardon Liss Pettalia Zorn
Graves
Nays—43
Ananich Dillon Jackson Santana
Barnett Durhal Kandrevas Segal
Bauer Geiss Lane Slavens
Bledsoe Goike Lindberg Smiley
Brown Greimel Lipton Stallworth
Brunner Hammel McCann Stanley
Byrum Haugh Meadows Stapleton
Cavanagh Hobbs Nathan Switalski
Clemente Hovey-Wright Oakes Talabi
Constan Howze Olumba Tlaib
Darany Irwin Rutledge
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,”
The House agreed to the full title.
Rep. Farrington moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 941, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 13537 and 13832.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 713 Yeas—65
Agema Haines Lori Poleski
Bolger Haveman Lund Potvin
Bumstead Heise Lyons Price
Callton Hooker MacGregor Pscholka
Cotter Horn MacMaster Rendon
Crawford Hughes McBroom Rogers
Daley Huuki McMillin Schmidt, R.
Damrow Jacobsen Moss Schmidt, W.
Denby Jenkins Muxlow Shaughnessy
Farrington Johnson Nesbitt Shirkey
Forlini Knollenberg O’Brien Somerville
Foster Kowall Olson Stamas
Franz Kurtz Opsommer Tyler
Genetski LaFontaine Ouimet Walsh
Gilbert LeBlanc Outman Yonker
Glardon Liss Pettalia Zorn
Graves
Nays—43
Ananich Dillon Jackson Santana
Barnett Durhal Kandrevas Segal
Bauer Geiss Lane Slavens
Bledsoe Goike Lindberg Smiley
Brown Greimel Lipton Stallworth
Brunner Hammel McCann Stanley
Byrum Haugh Meadows Stapleton
Cavanagh Hobbs Nathan Switalski
Clemente Hovey-Wright Oakes Talabi
Constan Howze Olumba Tlaib
Darany Irwin Rutledge
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The House agreed to the full title.
Rep. Farrington moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 942, entitled
A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 23 (MCL 325.1023).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 714 Yeas—64
Agema Graves Lori Poleski
Bolger Haines Lund Potvin
Bumstead Haveman Lyons Price
Callton Heise MacGregor Pscholka
Cotter Hooker MacMaster Rendon
Crawford Horn McBroom Rogers
Daley Hughes McMillin Schmidt, R.
Damrow Huuki Moss Schmidt, W.
Denby Jacobsen Muxlow Shaughnessy
Farrington Jenkins Nesbitt Shirkey
Forlini Johnson O’Brien Somerville
Foster Kowall Olson Stamas
Franz Kurtz Opsommer Tyler
Genetski LaFontaine Ouimet Walsh
Gilbert LeBlanc Outman Yonker
Glardon Liss Pettalia Zorn
Nays—44
Ananich Dillon Jackson Rutledge
Barnett Durhal Kandrevas Santana
Bauer Geiss Knollenberg Segal
Bledsoe Goike Lane Slavens
Brown Greimel Lindberg Smiley
Brunner Hammel Lipton Stallworth
Byrum Haugh McCann Stanley
Cavanagh Hobbs Meadows Stapleton
Clemente Hovey-Wright Nathan Switalski
Constan Howze Oakes Talabi
Darany Irwin Olumba Tlaib
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the public health; to provide for supervision and control over public water supplies; to prescribe the powers and duties of the department of environmental quality; to provide for the submission of plans and specifications for waterworks systems and the issuance of construction permits therefor; to provide for capacity assessments and source water assessments of public water supplies; to provide for the classification of public water supplies and the examination, certification and regulation of persons operating those systems; to provide for continuous, adequate operation of privately owned, public water supplies; to authorize the promulgation of rules to carry out the intent of the act; to create the water supply fund; to provide for the administration of the water supply fund; and to provide penalties,”
The House agreed to the full title.
Rep. Farrington moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 1031, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 52702 and 52706 (MCL 324.52702 and 324.52706), section 52702 as added by 1995 PA 57 and section 52706 as amended by 2006 PA 179.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 715 Yeas—66
Agema Graves Lori Poleski
Bolger Haines Lund Potvin
Bumstead Haveman Lyons Price
Callton Heise MacGregor Pscholka
Cotter Hooker MacMaster Rendon
Crawford Horn McBroom Rogers
Daley Hughes McMillin Schmidt, R.
Damrow Huuki Moss Schmidt, W.
Denby Jacobsen Muxlow Shaughnessy
Farrington Jenkins Nesbitt Shirkey
Forlini Johnson O’Brien Somerville
Foster Knollenberg Olson Stamas
Franz Kowall Opsommer Tyler
Genetski Kurtz Ouimet Walsh
Gilbert LaFontaine Outman Yonker
Glardon LeBlanc Pettalia Zorn
Goike Liss
Nays—42
Ananich Dillon Kandrevas Santana
Barnett Durhal Lane Segal
Bauer Geiss Lindberg Slavens
Bledsoe Greimel Lipton Smiley
Brown Hammel McCann Stallworth
Brunner Haugh Meadows Stanley
Byrum Hobbs Nathan Stapleton
Cavanagh Hovey-Wright Oakes Switalski
Clemente Howze Olumba Talabi
Constan Irwin Rutledge Tlaib
Darany Jackson
In The Chair: Opsommer
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. Farrington moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 716 Yeas—67
Agema Goike Liss Poleski
Bolger Graves Lori Potvin
Brown Haines Lund Price
Bumstead Haveman Lyons Pscholka
Callton Heise MacGregor Rendon
Cotter Hooker MacMaster Rogers
Crawford Horn McBroom Schmidt, R.
Daley Hughes McMillin Schmidt, W.
Damrow Huuki Moss Shaughnessy
Denby Jacobsen Muxlow Shirkey
Farrington Jenkins Nesbitt Somerville
Forlini Johnson O’Brien Stamas
Foster Knollenberg Olson Tyler
Franz Kowall Opsommer Walsh
Genetski Kurtz Ouimet Yonker
Gilbert LaFontaine Outman Zorn
Glardon LeBlanc Pettalia
Nays—41
Ananich Durhal Kandrevas Santana
Barnett Geiss Lane Segal
Bauer Greimel Lindberg Slavens
Bledsoe Hammel Lipton Smiley
Brunner Haugh McCann Stallworth
Byrum Hobbs Meadows Stanley
Cavanagh Hovey-Wright Nathan Stapleton
Clemente Howze Oakes Switalski
Constan Irwin Olumba Talabi
Darany Jackson Rutledge Tlaib
Dillon
In The Chair: Opsommer
The question being on agreeing to the title of the bill,
Rep. Farrington moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled “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,” (MCL 324.101 to 324.90106) by adding section 5204f.
The motion prevailed.
The House agreed to the title as amended.
Rep. Farrington moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported
House Bill No. 5720, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 4 (MCL 125.2684), as amended by 2008 PA 116.
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. Wayne Schmidt, Gilbert, Knollenberg, Denby, Lund, Farrington, Glardon, Shaughnessy, Somerville and Zorn
Nays: Rep. Tyler
______
The Speaker Pro Tempore assumed the Chair.
Second Reading of Bills
House Bill No. 5720, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 4 (MCL 125.2684), as amended by 2008 PA 116.
The bill was read a second time.
Rep. Horn 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. 5720, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 4 (MCL 125.2684), as amended by 2008 PA 116.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Stamas moved that consideration of the bill be postponed temporarily.
The motion prevailed.
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 717 Yeas—67
Agema Goike Liss Poleski
Bolger Graves Lori Potvin
Brown Haines Lund Price
Bumstead Haveman Lyons Pscholka
Callton Heise MacGregor Rendon
Cotter Hooker MacMaster Rogers
Crawford Horn McBroom Schmidt, R.
Daley Hughes McMillin Schmidt, W.
Damrow Huuki Moss Shaughnessy
Denby Jacobsen Muxlow Shirkey
Farrington Jenkins Nesbitt Somerville
Forlini Johnson O’Brien Stamas
Foster Knollenberg Olson Tyler
Franz Kowall Opsommer Walsh
Genetski Kurtz Ouimet Yonker
Gilbert LaFontaine Outman Zorn
Glardon LeBlanc Pettalia
Nays—41
Ananich Durhal Kandrevas Santana
Barnett Geiss Lane Segal
Bauer Greimel Lindberg Slavens
Bledsoe Hammel Lipton Smiley
Brunner Haugh McCann Stallworth
Byrum Hobbs Meadows Stanley
Cavanagh Hovey-Wright Nathan Stapleton
Clemente Howze Oakes Switalski
Constan Irwin Olumba Talabi
Darany Jackson Rutledge Tlaib
Dillon
In The Chair: Walsh
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. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 718 Yeas—68
Agema Glardon LeBlanc Pettalia
Bolger Goike Liss Poleski
Brown Graves Lori Potvin
Brunner Haines Lund Price
Bumstead Haveman Lyons Pscholka
Callton Heise MacGregor Rendon
Cotter Hooker MacMaster Rogers
Crawford Horn McBroom Schmidt, R.
Daley Hughes McMillin Schmidt, W.
Damrow Huuki Moss Shaughnessy
Denby Jacobsen Muxlow Shirkey
Farrington Jenkins Nesbitt Somerville
Forlini Johnson O’Brien Stamas
Foster Knollenberg Olson Tyler
Franz Kowall Opsommer Walsh
Genetski Kurtz Ouimet Yonker
Gilbert LaFontaine Outman Zorn
Nays—40
Ananich Durhal Kandrevas Santana
Barnett Geiss Lane Segal
Bauer Greimel Lindberg Slavens
Bledsoe Hammel Lipton Smiley
Byrum Haugh McCann Stallworth
Cavanagh Hobbs Meadows Stanley
Clemente Hovey-Wright Nathan Stapleton
Constan Howze Oakes Switalski
Darany Irwin Olumba Talabi
Dillon Jackson Rutledge Tlaib
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled “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,” by amending sections 5402, 5406, and 5411 (MCL 324.5402, 324.5406, and 324.5411), as added by 1997 PA 26.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 719 Yeas—68
Agema Glardon LeBlanc Pettalia
Bolger Goike Liss Poleski
Brown Graves Lori Potvin
Brunner Haines Lund Price
Bumstead Haveman Lyons Pscholka
Callton Heise MacGregor Rendon
Cotter Hooker MacMaster Rogers
Crawford Horn McBroom Schmidt, R.
Daley Hughes McMillin Schmidt, W.
Damrow Huuki Moss Shaughnessy
Denby Jacobsen Muxlow Shirkey
Farrington Jenkins Nesbitt Somerville
Forlini Johnson O’Brien Stamas
Foster Knollenberg Olson Tyler
Franz Kowall Opsommer Walsh
Genetski Kurtz Ouimet Yonker
Gilbert LaFontaine Outman Zorn
Nays—40
Ananich Durhal Kandrevas Santana
Barnett Geiss Lane Segal
Bauer Greimel Lindberg Slavens
Bledsoe Hammel Lipton Smiley
Byrum Haugh McCann Stallworth
Cavanagh Hobbs Meadows Stanley
Clemente Hovey-Wright Nathan Stapleton
Constan Howze Oakes Switalski
Darany Irwin Olumba Talabi
Dillon Jackson Rutledge Tlaib
In The Chair: Walsh
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. Stamas 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
House Resolution No. 330.
A resolution to declare December 6, 2012, as Utility Workers Safety Awareness Day in the state of Michigan.
(For text of resolution, see House Journal No. 75, p. 2313.)
(The resolution was reported by the Committee on Energy and Technology on December 4.)
The question being on the adoption of the resolution,
The resolution was adopted.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Stamas moved that when the House adjourns today it stand adjourned until Tuesday, December 11, at 10:00 a.m.
The motion prevailed.
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, December 5:
House Bill Nos. 6079 6080 6081 6082
The Clerk announced that the following Senate bills had been received on Thursday, December 6:
Senate Bill Nos. 116 612 613 614 975 1357 1369
Reports of Standing Committees
The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported
Senate Bill No. 1316, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17048 (MCL 333.17048), as amended by 2011 PA 210.
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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Farrington, Glardon, Shaughnessy and Somerville
Nays: None
The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported
Senate Bill No. 1317, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 721 (MCL 339.721), as amended by 2005 PA 278.
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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Farrington, Glardon, Shaughnessy and Somerville
Nays: None
The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported
Senate Bill No. 1318, entitled
A bill to amend 1907 PA 101, entitled “An act to regulate the carrying on of business under an assumed or fictitious name,” by amending section 4 (MCL 445.4), as amended by 1990 PA 111.
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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Farrington, Glardon, Shaughnessy and Somerville
Nays: None
The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported
Senate Bill No. 1319, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending sections 102 and 902 (MCL 450.4102 and 450.4902), section 102 as amended by 2010 PA 290 and section 902 as amended by 2010 PA 126.
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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Farrington, Glardon, Shaughnessy and Somerville
Nays: None
The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported
Senate Bill No. 1320, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending sections 105, 106, 108, 109, 123, 201, 202, 211, 241, 405, 488, 528, 564b, 565, 569, 611, 631, 641, 642, 643, 703a, 753, 762, 776, 781, 784, 804, 911, 1021, 1035, and 1041 (MCL 450.1105, 450.1106, 450.1108, 450.1109, 450.1123, 450.1201, 450.1202, 450.1211, 450.1241, 450.1405, 450.1488, 450.1528, 450.1564b, 450.1565, 450.1569, 450.1611, 450.1631, 450.1641, 450.1642, 450.1643, 450.1703a, 450.1753, 450.1762, 450.1776, 450.1781, 450.1784, 450.1804, 450.1911, 450.2021, 450.2035, and 450.2041), sections 105, 123, 405, 488, 703a, and 753 as amended by 2001 PA 57, section 106 as amended by 2006 PA 68, sections 108, 202, 804, and 1035 as amended by 1989 PA 121, sections 109, 565, 643, and 1021 as amended by 1993 PA 91, sections 201, 211, 241, 564b, and 762 as amended by 2008 PA 402, section 528 as amended by 2006 PA 65, section 569 as amended by 1987 PA 1, section 611 as amended by 2006 PA 64, sections 631, 641, and 1041 as amended by 1997 PA 118, section 642 as amended by 1982 PA 407, sections 776, 781, and 784 as amended by 1989 PA 31, and section 911 as amended by 2007 PA 182, and by adding section 529 and chapter 2A; 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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Farrington, Glardon, Shaughnessy and Somerville
Nays: None
The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported
House Bill No. 5185, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 6a, 10, 11, 13, 13m, 15, 17, 19, 19a, 20, 21, 27, 28, 29, 32a, 32b, 33, 34, 37, 38, 42, 44, 46, 48, 50, 54, 62, and 64 (MCL 421.6a, 421.10, 421.11, 421.13, 421.13m, 421.15, 421.17, 421.19, 421.19a, 421.20, 421.21, 421.27, 421.28, 421.29, 421.32a, 421.32b, 421.33, 421.34, 421.37, 421.38, 421.42, 421.44, 421.46, 421.48, 421.50, 421.54, 421.62, and 421.64), section 6a as amended by 1992 PA 204, sections 10, 15, 27, 54, 62, and 64 as amended by 2011 PA 14, sections 11 and 19a as amended by 2009 PA 1, section 13 as amended by 1985 PA 197, section 13m as added by 2010 PA 383, section 17 as amended by 2009 PA 18, section 19 as amended by 2007 PA 188, section 20 as amended by 2009 PA 20, sections 21, 33, and 34 as amended by 1983 PA 164, section 28 as amended by 1994 PA 422, section 29 as amended by 2008 PA 480, sections 32a and 38 as amended by 1996 PA 503, sections 44 and 48 as amended and section 32b as added by 2002 PA 192, and sections 46 and 50 as amended by 1995 PA 25, and by adding sections 15a, 42a, and 48a; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Wayne Schmidt, Tyler, Gilbert, Denby, Lund, Farrington, Glardon, Shaughnessy, Somerville and Zorn
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wayne Schmidt, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Thursday, December 6, 2012
Present: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Barnett, Clemente and Townsend
Absent: Reps. Shirkey, Bledsoe, Haugh and Olumba
Excused: Reps. Shirkey, Bledsoe, Haugh and Olumba
The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported on
House Bill No. 5719, entitled
A bill to amend 1965 PA 261, entitled “An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of commissioners with respect to county and regional parks and recreation commissions,” (MCL 46.351 to 46.367) by adding section 5a.
Adverse Roll Call
To Report Out:
Yeas: Reps. Ouimet and Constan
Nays: Reps. Daley, Hughes, Stanley and Stapleton
The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported
Senate Bill No. 865, entitled
A bill to provide for the removal of a local government from receivership; to provide for a receivership transition advisory board; and to prescribe the powers and duties of the governor, other state departments and officials, and officials and employees of units of local government, including school districts.
With the recommendation that the substitute (H-5) 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. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy and Rendon
Nays: Reps. Stanley, Constan, Townsend, Stapleton and Rutledge
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ouimet, Chair, of the Committee on Local, Intergovernmental, and Regional Affairs, was received and read:
Meeting held on: Thursday, December 6, 2012
Present: Reps. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Townsend, Stapleton, Rutledge and Lane
The Committee on Insurance, by Rep. Lund, Chair, reported
Senate Bill No. 1305, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2110a, 2111, 2117, 2119, and 2121 (MCL 500.2110a, 500.2111, 500.2117, 500.2119, and 500.2121), section 2110a as added by 1996 PA 514, sections 2111, 2117, and 2121 as amended by 2002 PA 492, and section 2119 as amended by 1980 PA 461.
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. Lund, Shaughnessy, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker and Roy Schmidt
Nays: Reps. Hovey-Wright and Geiss
The Committee on Insurance, by Rep. Lund, Chair, reported
Senate Bill No. 1308, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2213 (MCL 500.2213), as amended by 2002 PA 707.
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. Lund, Shaughnessy, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker and Roy Schmidt
Nays: Reps. Hovey-Wright and Geiss
The Committee on Insurance, by Rep. Lund, Chair, reported
Senate Bill No. 1322, entitled
A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending section 9 (MCL 474.109), as amended by 1996 PA 432.
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. Lund, Shaughnessy, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker and Roy Schmidt
Nays: None
The Committee on Insurance, by Rep. Lund, Chair, reported
Senate Bill No. 1323, entitled
A bill to amend 1951 PA 35, entitled “An act to authorize intergovernmental contracts between municipal corporations; to authorize any municipal corporation to contract with any person or any municipal corporation to furnish any lawful municipal service to property outside the corporate limits of the first municipal corporation for a consideration; to prescribe certain penalties; to authorize contracts between municipal corporations and with certain nonprofit public transportation corporations to form group self-insurance pools; and to prescribe conditions for the performance of those contracts,” by amending section 9 (MCL 124.9), as added by 1982 PA 138.
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. Lund, Shaughnessy, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker and Roy Schmidt
Nays: None
The Committee on Insurance, by Rep. Lund, Chair, reported
Senate Bill No. 1324, entitled
A bill to amend 1965 PA 198, entitled “Motor vehicle accident claims act,” by amending section 2 (MCL 257.1102).
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. Lund, Shaughnessy, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker and Roy Schmidt
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lund, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, December 6, 2012
Present: Reps. Lund, Shaughnessy, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Roy Schmidt, Kandrevas, Hovey-Wright, Howze and Geiss
Absent: Reps. Opsommer, Segal and Nathan
Excused: Reps. Opsommer, Segal and Nathan
The Committee on Education, by Rep. Lyons, Chair, reported
Senate Bill No. 1112, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding section 12b.
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. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Brown, Darany, Howze, Rutledge and Geiss
Nays: None
The Committee on Education, by Rep. Lyons, Chair, reported
Senate Bill No. 1113, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1505.
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. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Brown, Darany, Howze and Geiss
Nays: None
The Committee on Education, by Rep. Lyons, Chair, reported
Senate Bill No. 1114, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1505a.
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. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Brown, Darany, Howze and Geiss
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lyons, Chair, of the Committee on Education, was received and read:
Meeting held on: Thursday, December 6, 2012
Present: Reps. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Brown, Darany, Howze, Hobbs, Rutledge, Stallworth and Geiss
The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported
Senate Bill No. 596, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 520d and 520e (MCL 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 7, following line 1, after “effect” by striking out “July 1, 2012” 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. Heise, Horn, Damrow, Muxlow, Jacobsen, Somerville, Cotter, Graves, Meadows, Oakes, Brown and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported
Senate Bill No. 755, entitled
A bill to amend 1966 PA 189, entitled “An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts,” by amending section 2a (MCL 780.652a), as added by 1996 PA 186.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, following line 11, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory 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. Heise, Horn, Damrow, Muxlow, Jacobsen, Somerville, Cotter, Graves, Meadows, Oakes, Brown and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported
Senate Bill No. 1043, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2559 (MCL 600.2559), as amended by 2003 PA 243.
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. Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Graves, Meadows, Constan and Oakes
Nays: Rep. Olumba
The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported
Senate Bill No. 1126, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 3e to chapter XI.
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. Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Graves, Meadows, Constan and Oakes
Nays: Rep. Cotter
The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported
Senate Bill No. 1127, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 3 of chapter XI (MCL 771.3), as amended by 2006 PA 655, and by adding sections 3d and 3f to chapter XI.
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. Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan and Oakes
Nays: None
The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported
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.
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. Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported
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.
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. Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported
Senate Bill No. 1211, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 19, 20, 21, and 48 (MCL 780.769, 780.770, 780.771, and 780.798), sections 19, 20, and 21 as amended by 2005 PA 184 and section 48 as amended by 2000 PA 503.
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. Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes and Brown
Nays: None
The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported
Senate Bill No. 1214, 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.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 7, line 17, after “GENERAL” by inserting “IF THE DEPARTMENT OF ATTORNEY GENERAL PROSECUTED THE CASE”.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan and Oakes
Nays: None
The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported
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.
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. Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan and Oakes
Nays: None
The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported
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.
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. Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported
Senate Bill No. 1351, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8123 and 8132 (MCL 600.8123 and 600.8132), section 8123 as amended by 2012 PA 37 and section 8132 as amended by 2011 PA 300.
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. Heise, Damrow, Muxlow, Jacobsen, Somerville, Cotter, Graves, Meadows and Oakes
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Heise, Vice-Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Thursday, December 6, 2012
Present: Reps. Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba
Absent: Rep. Walsh
Excused: Rep. Walsh
Messages from the Senate
House Bill No. 4003, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending sections 1 and 14 (MCL 423.201 and 423.214), section 1 as amended by 1999 PA 204.
The Senate has substituted (S-8) the bill.
The Senate has passed the bill as substituted (S-8) and amended the title to read as follows:
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 1, 9, 10, 14, and 15 (MCL 423.201, 423.209, 423.210, 423.214, and 423.215), sections 1 and 14 as amended by 2012 PA 76, section 10 as amended by 2012 PA 53, and section 15 as amended by 2012 PA 45.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 409, entitled
A bill to amend 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,” by amending section 30 (MCL 206.30), as amended by 2011 PA 38.
The Senate has amended the House substitute (H-7) as follows:
1. Amend page 16, line 9, after “(b)” by inserting “BEGINNING JULY 1, 2013”.
2. Amend page 16, line 27, after “(C)” by inserting “BEGINNING JULY 1, 2013”.
3. Amend page 19, line 11, by striking out all of enacting section 1.
The Senate has concurred in the House substitute (H-7) as amended, ordered that the bill be given immediate effect and agreed to the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 116, entitled
A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; and to prescribe means of enforcement and penalties for violations of this act,” by amending the title and sections 1, 2, 8, 14, 17, and 22 (MCL 423.1, 423.2, 423.8, 423.14, 423.17, and 423.22).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 612, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3407c.
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. 613, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 402d.
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. 614, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16240 and 20195.
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. 975, entitled
A bill to protect religious liberty and rights of conscience in the areas of health care and medical and scientific research as it pertains to employment, education and training, and participating in health care services and to the purchasing of or providing for the purchase of health insurance; to provide immunity from liability; and to prescribe penalties and provide remedies.
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. 1357, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17f of chapter XVII (MCL 777.17f), as amended by 2006 PA 404.
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. 1369, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2012 PA 203, and by adding section 732b.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
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 Senate Bill No. 116.
Rep. Wayne Schmidt
Introduction of Bills
Rep. Nesbitt introduced
House Bill No. 6083, entitled
A bill to amend 1929 PA 48, entitled “An act levying a specific tax to be known as the severance tax upon all producers engaged in the business of severing oil and gas from the soil; prescribing the method of collecting the tax; requiring all producers of such products or purchasers thereof to make reports; to provide penalties; to provide exemptions and refunds; to prescribe the disposition of the funds so collected; and to exempt those paying such specific tax from certain other taxes,” by amending section 3 (MCL 205.303), as amended by 1996 PA 135, and by adding section 11a.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Rep. Lipton introduced
House Bill No. 6084, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 401 (MCL 330.1401), as amended by 2004 PA 496.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Lipton introduced
House Bill No. 6085, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1483 (MCL 600.1483), as amended by 1993 PA 78.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Lipton, Brown, Tlaib, Barnett, Slavens, Howze, Irwin, Bauer, Stapleton, Dillon and Oakes introduced
House Bill No. 6086, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1281a.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Lipton, Brown, Tlaib, Barnett, Slavens, Irwin, Bauer, Stapleton, Dillon and Oakes introduced
House Joint Resolution DDD, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 2 of article VIII, to require a system of high-quality free and safe public schools, to require that at least one school in each school district is governed by a locally elected board, and to require that there is at least one school in each school district where pupils can physically attend school and interact in person with teachers and other pupils.
The joint resolution was read a first time by its title and referred to the Committee on Education.
______
Rep. Hobbs moved that the House adjourn.
The motion prevailed, the time being 9:40 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, December 11, at 10:00 a.m.
GARY L. RANDALL
Clerk of the House of Representatives
2506 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2507
2508 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2509
2510 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2511
2512 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2513
2514 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2515
2516 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2517
2518 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2519
2520 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2521
2522 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2523
2524 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2525
2526 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2527
2528 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2529
2530 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2531
2532 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2533
2534 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2535
2536 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2537
2538 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2539
2540 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2541
2542 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2543
2544 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2545
2546 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2547
2548 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2549
2550 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2551
2552 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2553
2554 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2555
2556 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2557
2558 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2559
2560 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2561
2562 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2563
2564 JOURNAL OF THE HOUSE [December 6, 2012] [No. 79
No. 79] [December 6, 2012] JOURNAL OF THE HOUSE 2565
2566