No. 7
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2012
House Chamber, Lansing, Thursday, January 26, 2012.
12:00 Noon.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Genetski—present LeBlanc—present Price—present
Ananich—present Gilbert—present Lindberg—excused Pscholka—present
Barnett—present Glardon—present Lipton—present Rendon—present
Bauer—present Goike—present Liss—present Rogers—present
Bledsoe—present Haines—present Lori—present Rutledge—present
Bolger—present Hammel—present Lund—present Santana—present
Brown—present Haugh—present Lyons—present Schmidt, R.—present
Brunner—present Haveman—present MacGregor—present Schmidt, W.—present
Bumstead—present Heise—present MacMaster—excused Segal—present
Byrum—present Hobbs—present McBroom—present Shaughnessy—present
Callton—present Hooker—present McCann—present Shirkey—present
Cavanagh—present Horn—present McMillin—present Slavens—present
Clemente—present Hovey-Wright—present Meadows—present Smiley—present
Constan—present Howze—present Moss—present Somerville—present
Cotter—present Hughes—present Muxlow—present Stallworth—present
Crawford—present Huuki—present Nathan—present Stamas—present
Daley—present Irwin—present Nesbitt—present Stanley—present
Damrow—present Jackson—present O’Brien—present Stapleton—present
Darany—present Jacobsen—present Oakes—present Switalski—present
Denby—present Jenkins—present Olson—present Talabi—present
Dillon—present Johnson—present Olumba—present Tlaib—present
Durhal—present Kandrevas—present Opsommer—present Townsend—present
Farrington—present Knollenberg—present Ouimet—present Tyler—present
Forlini—present Kowall—present Outman—present Walsh—present
Foster—present Kurtz—present Pettalia—present Womack—present
Franz—present LaFontaine—present Poleski—present Yonker—present
Geiss—present Lane—present Potvin—present Zorn—present
e/d/s = entered during session
Pastor Norm Koy, Pastor of Trinity Lutheran Church in Utica, offered the following invocation:
“Heavenly Father, today we remember that You are the Creator of heaven and earth and all that is in them. We praise You for Your continual care and preservation of all that You have created. You created it good, but we have not kept it that way. Even though our State’s slogan for tourism is Pure Michigan, please forgive us for not keeping it pure. Forgive us for not always valuing life, for not treating our neighbors as ourselves, for not grasping the fact that everything is Yours and we are merely the managers. Restore to us the purity that can only come through Your Son, Jesus Christ and the forgiveness that He has obtained for us.
Let these State Representatives always be mindful of the fact that they govern by Your authority, because all authority on earth has been established by You. Because they govern as Your representatives, may they continually seek Your guidance and wisdom. May they put aside selfish ambition and pride, may they look to serve the needs of the people with humility and honor. May their strength be found in the power of prayer and Your presence with them.
Grant to them courage instead of fear, confidence instead of timidity, love instead of hate, peace instead of unrest, faith instead of unbelief, and a spirit of unity rather than division. May they ever be mindful of the welfare of all their citizens: for the wealthy to those on welfare, for families to individuals, for the employed to the unemployed, and for those who have shelter to the homeless. Let their discussions and decisions serve the good of all.
We also ask that You would be with us, the residents of this great State. Help us appreciate the responsibility that these men and women carry. Let us hold them up in fervent prayer. Help us to show honor and respect, remembering that they are serving in Your stead. Empower us to be faithful constituents, and to do what we can to preserve peace and harmony, so we may be united in oneness of purpose.
As we reflect on our State Motto: ‘If you seek a pleasant peninsula, look about you’, we are reminded that as pleasant and beautiful as our State is, this is just our temporary dwelling. Help us to be mindful of the pleasantness and beauty of heaven that awaits all of Your faithful followers.
Please continue to hold Your protecting hand over our State and Nation and all who serve us. Guide this session with Your blessings and peace. We ask this in the name of Jesus. Amen.”
______
Rep. Segal moved that Rep. Lindberg be excused from today’s session.
The motion prevailed.
Rep. Farrington moved that Rep. MacMaster be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Cotter, Constan, Darany, Denby, Goike, Haines, Heise, Hooker, Knollenberg, LeBlanc, Poleski, Slavens and Tyler offered the following resolution:
House Resolution No. 180.
A resolution to declare January 29-February 5, 2012, as Catholic Schools Week in the state of Michigan.
Whereas, There are 58,782 students attending 236 Catholic elementary and high schools throughout our great state; and
Whereas, The Constitution of Michigan states that “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged”; and
Whereas, Catholic schools provide young people with a strong foundation of values and academic skills needed to become responsible citizens of our state and nation; and
Whereas, The Catholic Church sees parents as the primary educators and that parental supervision and involvement play a major role in the education of students; and
Whereas, Catholic school parents pay tuition in addition to supporting public schools through their taxes; and
Whereas, Catholic schools comply with the same health and safety regulations required of public schools, but without compensation from the state government; and
Whereas, The viability of Catholic schools should be encouraged so that declines in Catholic school enrollment, which necessitate increases in public expenditures in the School Aid Fund, can be avoided; and
Whereas, Catholic schools educate many students who are non-Catholic and many students who are economically disadvantaged; and
Whereas, With their traditionally high academic standards and high graduation rates, all supported by strong moral values, Catholic schools and their graduates make a positive contribution to American society; and
Whereas, Community service is a value instilled in every Catholic school student; and
Whereas, January 29-February 5, 2012, has been designated as Catholic Schools Week, with the theme “Catholic Schools: Faith. Academics. Service.” as denoted by the National Catholic Educational Association (NCEA) and the United States Conference of Catholic Bishops; and
Whereas, The common good of the state of Michigan is strengthened through the continued existence of Catholic schools; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare January 29-February 5, 2012, as Catholic Schools Week in the state of Michigan. We recognize the great accomplishments and contributions of Catholic schools in and to our state; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan Catholic Conference with our highest esteem.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Bauer, Liss, Slavens, Talabi, Stallworth, Townsend, Darany, Barnett, Segal, Geiss, Hovey-Wright, Stapleton, Lipton, Howze, Stanley, Byrum, Kowall, Callton, Shaughnessy, Glardon, Price, Brown, O’Brien, Ananich, Opsommer, Meadows, Roy Schmidt, Lori, Tlaib, Bledsoe, Hughes, Jenkins, Haines, Denby, Outman, Jackson, Oakes, Constan, Goike, Heise, Hooker, Knollenberg, LeBlanc, Poleski and Tyler offered the following resolution:
House Resolution No. 181.
A resolution to declare February 3, 2012, as Wear Red Day in the state of Michigan.
Whereas, Currently some 8 million women in the U.S. are living with heart disease, yet only one in five American women believes that heart disease is her greatest health threat; and
Whereas, 90 percent of women have one or more risk factors for developing heart disease; and
Whereas, 26 percent of women die within a year of suffering a heart attack compared with 19 percent of men; and
Whereas, While one in 30 American women dies from breast cancer each year, one in three dies of cardiovascular disease; and
Whereas, Cardiovascular disease claims the lives of over 419,000 American females each year, almost one death per minute; and
Whereas, Only 43 percent of African American women and 44 percent of Hispanic women know that heart disease is their greatest health risk compared with 60 percent of white women; and
Whereas, Nearly as many women die of heart disease, stroke, and all other cardiovascular diseases than the next three leading causes of death combined, including all cancers; and
Whereas, Only 16 percent of women surveyed in 2009 identified cardiovascular disease as the greatest health problem facing them; and
Whereas, In women, heart disease is too often a silent killer as less than a third of women in a recent survey reported any early warning signs such as chest pain or discomfort before a heart attack; and
Whereas, Common symptoms for women included pain of the jaw, arm or back, but most reported a delay in seeking treatments after the symptoms began of anywhere from 15 minutes to two weeks; and
Whereas, Women are less likely to call 911 for themselves when experiencing symptoms of a heart attack than they are if someone else were having a heart attack; and
Whereas, Go Red For Women® is the American Heart Association’s national call to increase awareness about heart disease, the leading cause of death for women, and to inspire women to take charge of their heart health; and
Whereas, All women should learn their own personal risk for heart disease, using tools such as the American Heart Association’s My Life Check, Go Red For Women® Heart CheckUp, Go Red For Women® Better U, and by talking to their healthcare provider; and
Whereas, Making the right choices relating to proper nutrition, physical activity, and other healthy lifestyle choices are essential to living a heart healthy life; and
Whereas, The truth is our lives are in our hands. We can stop our number one killer together by sharing the truth. We can be the difference between life and death; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare February 3, 2012 as Wear Red Day in the state of Michigan. We urge all citizens to show their support for women and the fight against heart disease by commemorating this day by the wearing of the color red. By increasing awareness, speaking up about heart disease, and empowering women to reduce their risk for cardiovascular disease, we can save thousands of lives each year.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Haines, Glardon, Nesbitt, Genetski, Pettalia, Lori, Franz, Moss, Price, Tyler, Huuki, Crawford, Knollenberg, McBroom, Forlini, Cotter, Somerville, Kowall, Callton, Denby, Shaughnessy, Poleski, Opsommer, Liss, Segal, Womack, Slavens, Hovey-Wright, Darany, Roy Schmidt, Bledsoe, Stanley, Stallworth, Lane, Goike, Cavanagh, Dillon, McCann, Haugh, Tlaib, Constan, Wayne Schmidt, Oakes, Bauer, Zorn, Barnett, Brown, Heise, Hooker and LeBlanc offered the following resolution:
House Resolution No. 182.
A resolution to declare February 2012 as Heart Month in the state of Michigan.
Whereas, Cardiovascular disease is the nation’s leading cause of death and costliest disease with direct and indirect costs estimated to be $297.7 billion; and
Whereas, Cardiovascular disease accounts for one out of three deaths nationwide; and
Whereas, Nearly 2,200 Americans die of cardiovascular disease each day, an average of one death every 39 seconds; and
Whereas, Nearly 33 percent of deaths due to cardiovascular disease occur before the age of 75 years; and
Whereas, An estimated 785,000 people in the U.S. will have a new coronary attack, an estimated 470,000 people nationwide will have a recurrent attack, and an additional 195,000 “silent” heart attacks will occur this year; and
Whereas, According to the Michigan Department of Community Health, 27,459 Michiganians died from cardiovascular disease in 2009; and
Whereas, The research is clear that there are preventive strategies, as well as community-based strategies, that can increase survival rates from cardiovascular disease; and
Whereas, The American Heart Association’s 2020 impact goal seeks to improve the cardiovascular health of all Americans by 20 percent while reducing deaths from cardiovascular diseases and stroke by 20 percent through research, population- and community-level interventions, public health and policy measures; and
Whereas, Efforts of the American Heart Association encourage citizens to help save lives by calling 9-1-1 if symptoms occur, become trained in CPR, and encourage comprehensive automated external defibrillator (AED) programs in their communities; and
Whereas, The American Heart Association is celebrating February 2012 as American Heart Month and promoting education and awareness by encouraging citizens to learn the warning signs of heart attack and stroke; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare February 2012 as Heart Month in the state of Michigan. We urge all citizens to recognize the critical importance of tools and skills that will increase survival rates from cardiac arrest. By incorporating these tools into aggressive programs, we can save thousands of lives each year.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Darany, Barnett, Bauer, Brown, Constan, Cotter, Denby, Goike, Haines, Heise, Hooker, Knollenberg, LeBlanc, Poleski, Segal, Slavens and Tyler offered the following resolution:
House Resolution No. 183.
A resolution to commemorate the 175th anniversary of Michigan’s statehood.
Whereas, It is with great respect that the members of this legislative body are proud to join with the citizens of Michigan in remembering January 26, 1837, as the historic day when Michigan was admitted as the 26th state to the Union; and
Whereas, When President Andrew Jackson signed the Northern Ohio Boundary Bill in June of 1836, Michigan was presented with the opportunity for statehood by resolving the boundary dispute with Ohio and granting Michigan much of the territory in the Upper Peninsula; and
Whereas, Since joining the nation 175 years ago, Michigan has demonstrated its importance and contributions to the growth of the nation. From Michigan’s vast natural resources of copper, lumber, and iron ore, to the intellectual and innovative spirit of its citizens; and
Whereas, Michigan is responsible for producing one of the largest varieties of agricultural products in the United States while also being the birth place of many nationally recognized products and services like cereal and meat producers; and
Whereas, Education has always been a priority in Michigan and many of the state’s public and private colleges were founded early in its history. Michigan’s constitution was ahead of its time in the establishment of educational institutions and libraries. Article X called for township libraries to be funded by penal fines and fees paid for exemption from military duty. The nation’s first university hospital is in Michigan and the state has one of the original schools for the blind; and
Whereas, The entrepreneurial spirit has made Michigan a leader in manufacturing with leaders like Henry Ford, William Durant, and the Dodge brothers making Michigan the automotive capital of the world and the arsenal of democracy; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commemorate the 175th anniversary of Michigan’s statehood; and be it further
Resolved, That we remember all who have contributed and sacrificed for the success of the great state of Michigan and we will remember all those who have lived and who currently live in the Great Lake State.
The question being on the adoption of the resolution,
The resolution was adopted.
The Speaker called the Speaker Pro Tempore to the Chair.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 175.
A resolution to urge the United States Department of Defense to maintain its plan to deliver no fewer than four C-27J aircraft to the 110th Airlift Wing of the Air National Guard in Battle Creek.
(For text of resolution, see House Journal No. 1, p. 3.)
(The resolution was reported by the Committee on Military and Veterans Affairs and Homeland Security on January 24.)
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Agema, Barnett, Bauer, Bledsoe, Bolger, Brown, Byrum, Callton, Clemente, Daley, Damrow, Darany, Denby, Dillon, Farrington, Foster, Franz, Genetski, Gilbert, Glardon, Goike, Haines, Hammel, Haugh, Hooker, Horn, Hovey-Wright, Howze, Hughes, Huuki, Jenkins, Knollenberg, Kowall, Kurtz, Lane, Lipton, Liss, Lori, Lyons, MacGregor, McBroom, McCann, Meadows, Moss, Muxlow, Nathan, Nesbitt, O’Brien, Olson, Opsommer, Outman, Potvin, Pscholka, Rendon, Rutledge, Santana, Roy Schmidt, Wayne Schmidt, Shaughnessy, Slavens, Smiley, Somerville, Stallworth, Stamas, Stanley, Stapleton, Switalski, Talabi, Tlaib, Tyler, Walsh, Womack, Yonker and Zorn were named co‑sponsors of the resolution.
Messages from the Senate
The Speaker laid before the House
House Bill No. 5192, 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; to require certain provisions in collective bargaining agreements; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 15 (MCL 423.215), as amended by 2011 PA 103.
(The bill was received from the Senate on January 25, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 6, p. 62.)
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 13 Yeas—84
Agema Goike Lori Pscholka
Ananich Haines Lund Rendon
Bledsoe Hammel Lyons Rogers
Bolger Haugh MacGregor Rutledge
Bumstead Haveman McBroom Schmidt, R.
Callton Heise McMillin Schmidt, W.
Cavanagh Hooker Meadows Shaughnessy
Clemente Horn Moss Shirkey
Cotter Howze Muxlow Smiley
Crawford Hughes Nathan Somerville
Daley Huuki Nesbitt Stallworth
Damrow Jacobsen O’Brien Stamas
Denby Jenkins Oakes Stanley
Durhal Johnson Olson Stapleton
Farrington Knollenberg Opsommer Switalski
Forlini Kowall Ouimet Tlaib
Foster Kurtz Outman Tyler
Franz LaFontaine Pettalia Walsh
Genetski Lane Poleski Womack
Gilbert LeBlanc Potvin Yonker
Glardon Liss Price Zorn
Nays—22
Barnett Darany Jackson Santana
Bauer Dillon Kandrevas Segal
Brown Geiss Lipton Slavens
Brunner Hobbs McCann Talabi
Byrum Hovey-Wright Olumba Townsend
Constan Irwin
In The Chair: Walsh
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
Senate Bill No. 130, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 321a (MCL 257.321a), as amended by 2004 PA 362.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Stamas moved to amend the bill as follows:
1. Amend page 6, line 13, after “subsection (7)(b)” by inserting a comma and “OR, BEGINNING JANUARY 1, 2018, LESS THAN 6 PARKING VIOLATIONS UNDER SUBSECTION (7)(B),”.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
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. 14 Yeas—58
Ananich Haines LeBlanc Rogers
Brunner Hammel Lipton Rutledge
Callton Haugh Liss Santana
Cavanagh Haveman Lori Schmidt, R.
Clemente Heise Lyons Schmidt, W.
Constan Hobbs MacGregor Shaughnessy
Crawford Horn Moss Slavens
Daley Hughes Oakes Smiley
Darany Jacobsen Olson Stanley
Dillon Jenkins Olumba Switalski
Durhal Kandrevas Opsommer Walsh
Foster Knollenberg Ouimet Womack
Geiss Kowall Pettalia Yonker
Gilbert Kurtz Pscholka Zorn
Goike Lane
Nays—48
Agema Forlini Lund Price
Barnett Franz McBroom Rendon
Bauer Genetski McCann Segal
Bledsoe Glardon McMillin Shirkey
Bolger Hooker Meadows Somerville
Brown Hovey-Wright Muxlow Stallworth
Bumstead Howze Nathan Stamas
Byrum Huuki Nesbitt Stapleton
Cotter Irwin O’Brien Talabi
Damrow Jackson Outman Tlaib
Denby Johnson Poleski Townsend
Farrington LaFontaine Potvin Tyler
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.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Poleski, 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:
Thank you for the opportunity to explain my no vote on SB 130.
Currently, a person may be denied renewal of their driver’s license if they have 6 outstanding parking tickets from any one jurisdiction. This bill would reduce the number to three. My view is that the standing rule of 6 parking tickets is adequate, and I respectfully decline the invitation to make the rule more restrictive.
Thank you Mr. Speaker.”
Rep. Stallworth, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on SB 130 on the principle that drivers license renewals should not be utilized as a collection tool for local jurisdictions nor for non traffic related offenses. While I understand that this is a revision to current statute, the bill will only exacerbate bad policy consistent with the principle above, by denying drivers license renewal for persons with 3 outstanding parking tickets rather than the current 6. Additionally, the timing for this couldn’t be worse given the current burden of drivers responsibility fees, proposed increases to drivers registration fees and the exorbitant late fees local municipalities already assess on past due parking tickets.”
House Bill No. 4838, entitled
A bill to authorize interstate mutual aid for certain emergency responses; to provide for the recognition of certain credentials of emergency responders from other states; and to provide for certain civil immunity.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 15 Yeas—106
Agema Genetski LeBlanc Pscholka
Ananich Gilbert Lipton Rendon
Barnett Glardon Liss Rogers
Bauer Goike Lori Rutledge
Bledsoe Haines Lund Santana
Bolger Hammel Lyons Schmidt, R.
Brown Haugh MacGregor Schmidt, W.
Brunner Haveman McBroom Segal
Bumstead Heise McCann Shaughnessy
Byrum Hobbs McMillin Shirkey
Callton Hooker Meadows Slavens
Cavanagh Horn Moss Smiley
Clemente Hovey-Wright Muxlow Somerville
Constan Howze Nathan Stallworth
Cotter Hughes Nesbitt Stamas
Crawford Huuki O’Brien Stanley
Daley Irwin Oakes Stapleton
Damrow Jackson Olson Switalski
Darany Jacobsen Olumba Talabi
Denby Jenkins Opsommer Tlaib
Dillon Johnson Ouimet Townsend
Durhal Kandrevas Outman Tyler
Farrington Knollenberg Pettalia Walsh
Forlini Kowall Poleski Womack
Foster Kurtz Potvin Yonker
Franz LaFontaine Price Zorn
Geiss Lane
Nays—0
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.
House Bill No. 4116, entitled
A bill to amend 1846 RS 12, entitled “Of certain state officers,” (MCL 14.28 to 14.35) by adding section 32a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 16 Yeas—106
Agema Genetski LeBlanc Pscholka
Ananich Gilbert Lipton Rendon
Barnett Glardon Liss Rogers
Bauer Goike Lori Rutledge
Bledsoe Haines Lund Santana
Bolger Hammel Lyons Schmidt, R.
Brown Haugh MacGregor Schmidt, W.
Brunner Haveman McBroom Segal
Bumstead Heise McCann Shaughnessy
Byrum Hobbs McMillin Shirkey
Callton Hooker Meadows Slavens
Cavanagh Horn Moss Smiley
Clemente Hovey-Wright Muxlow Somerville
Constan Howze Nathan Stallworth
Cotter Hughes Nesbitt Stamas
Crawford Huuki O’Brien Stanley
Daley Irwin Oakes Stapleton
Damrow Jackson Olson Switalski
Darany Jacobsen Olumba Talabi
Denby Jenkins Opsommer Tlaib
Dillon Johnson Ouimet Townsend
Durhal Kandrevas Outman Tyler
Farrington Knollenberg Pettalia Walsh
Forlini Kowall Poleski Womack
Foster Kurtz Potvin Yonker
Franz LaFontaine Price Zorn
Geiss Lane
Nays—0
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.
House Bill No. 4658, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2008 PA 415.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 17 Yeas—93
Agema Franz LaFontaine Poleski
Ananich Geiss Lane Potvin
Barnett Genetski LeBlanc Price
Bauer Gilbert Lipton Pscholka
Bledsoe Glardon Liss Rendon
Bolger Goike Lori Rogers
Brown Haines Lund Rutledge
Brunner Hammel Lyons Schmidt, R.
Bumstead Haugh MacGregor Schmidt, W.
Byrum Haveman McBroom Segal
Callton Heise McCann Shaughnessy
Cavanagh Hobbs McMillin Shirkey
Clemente Hooker Moss Slavens
Constan Horn Muxlow Smiley
Cotter Hughes Nathan Somerville
Crawford Huuki Nesbitt Stamas
Daley Jacobsen O’Brien Stanley
Damrow Jenkins Oakes Switalski
Darany Johnson Olson Townsend
Denby Kandrevas Opsommer Tyler
Dillon Knollenberg Ouimet Walsh
Farrington Kowall Outman Yonker
Forlini Kurtz Pettalia Zorn
Foster
Nays—13
Durhal Jackson Santana Talabi
Hovey-Wright Meadows Stallworth Tlaib
Howze Olumba Stapleton Womack
Irwin
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
______
Rep. Stallworth, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on HB 4658 in protest of charging prisoners sales tax on items purchased from within the prison facility. While on its face this legislation appears to be fair and reasonable, it in fact establishes an additional burden on the family and friends who support those that are incarcerated by providing them with the financial support necessary to buy basic supplies such as stamps, toothpaste, snacks.... The successful rehabilitation of those incarcerated and their successful transition back into the community is directly tied to the level of support they receive while in prison. The bill establishes a sales tax not on prisoner purchases, but on family members who are actually funding the purchases with what is in all too many cases already strained resources. The sales tax proposed in the bill will strain those resources more and ultimately result in less support for those incarcerated.”
House Bill No. 4146, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 1998 PA 247 and by adding section 682c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 18 Yeas—59
Ananich Farrington Lane Shaughnessy
Bauer Forlini Liss Slavens
Brown Foster Lori Smiley
Brunner Geiss McCann Somerville
Byrum Gilbert Meadows Stamas
Callton Hammel Muxlow Stanley
Cavanagh Haugh Nathan Stapleton
Clemente Heise Olson Switalski
Constan Hovey-Wright Opsommer Talabi
Crawford Hughes Ouimet Tlaib
Daley Jacobsen Rogers Townsend
Damrow Jenkins Rutledge Walsh
Darany Kandrevas Schmidt, R. Womack
Dillon Kurtz Schmidt, W. Zorn
Durhal LaFontaine Segal
Nays—47
Agema Haveman Lipton Pettalia
Barnett Hobbs Lund Poleski
Bledsoe Hooker Lyons Potvin
Bolger Horn MacGregor Price
Bumstead Howze McBroom Pscholka
Cotter Huuki McMillin Rendon
Denby Irwin Moss Santana
Franz Jackson Nesbitt Shirkey
Genetski Johnson O’Brien Stallworth
Glardon Knollenberg Oakes Tyler
Goike Kowall Olumba Yonker
Haines LeBlanc Outman
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.
______
Rep. Poleski, 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:
Thank you for this opportunity to explain my No vote on HB 4146.
This bill would expand the requirements for warning lights for snow plows. I have not noticed, nor heard of, significant problems of visibility for snow plows, and so I respectfully decline to add another regulatory requirement.
Thank you Mr. Speaker.”
Second Reading of Bills
House Bill No. 5057, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2882a (MCL 333.2882a), as added by 2011 PA 28.
The bill was read a second time.
Rep. Lyons moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 534, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811t.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) 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 House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 356, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4702 (MCL 600.4702), as amended by 2002 PA 142.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Gilbert, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Constan and Oakes
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 357, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3801 (MCL 600.3801), as amended by 1988 PA 2.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Gilbert, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Constan, Oakes and Irwin
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 358, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2010 PA 362.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Gilbert, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Constan and Irwin
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Walsh, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Thursday, January 26, 2012
Present: Reps. Walsh, Heise, Gilbert, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Haines, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Thursday, January 26, 2012
Present: Reps. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Liss, Stallworth, Darany, Segal, Womack and Hovey-Wright
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, January 26, 2012
Present: Reps. Ouimet, Pettalia, Crawford, Daley, Hughes, Price, Shaughnessy, Rendon, Stanley, Constan, Townsend, Stapleton, Rutledge and Lane
Absent: Rep. LaFontaine
Excused: Rep. LaFontaine
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lund, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, January 26, 2012
Present: Reps. Lund, Shaughnessy, Opsommer, Denby, Callton, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Roy Schmidt, Segal, Hovey-Wright, Howze and Geiss
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
January 12, 2012
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2011-037-EQ (Secretary of State Filing #12-01-01) on this date at 4:27 P.M. for the Department of Environmental Quality, entitled “Inland Lakes and Streams”.
These rules take effect immediately upon filing with the Secretary of State.
January 12, 2012
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2011-038-EQ (Secretary of State Filing #12-01-02) on this date at 4:29 P.M. for the Department of Environmental Quality, entitled “Great Lakes Submerged Lands”.
These rules take effect immediately upon filing with the Secretary of State.
January 12, 2012
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2011-025-TB (Secretary of State Filing #12-01-03) on this date at 4:31 P.M. for the Department of Technology Management and Budget, entitled “Suggestion Awards Program”.
These rescissions take effect immediately upon filing with the Secretary of State.
January 12, 2012
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2011-026-TB (Secretary of State Filing #12-01-04) on this date at 4:33 P.M. for the Department of Technology Management and Budget, entitled “Local Government Claims Review Board General Rules”.
These rescissions take effect immediately upon filing with the Secretary of State.
January 12, 2012
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2011-027-TB (Secretary of State Filing #12-01-05) on this date at 4:35 P.M. for the Department of Technology Management and Budget, entitled “Unlawful Acts on State Fair Properties”.
These rescissions take effect immediately upon filing with the Secretary of State.
January 12, 2012
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2011-028-TB (Secretary of State Filing #12-01-06) on this date at 4:37 P.M. for the Department of Technology Management and Budget, entitled “Regulation 851. Michigan State Fair”.
These rescissions take effect immediately upon filing with the Secretary of State.
Sincerely,
Ruth Johnson
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
Introduction of Bills
Reps. McBroom, Womack and Knollenberg introduced
House Bill No. 5287, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 622 and 1223 (MCL 380.622 and 380.1223), as amended by 2009 PA 22.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Reps. Womack, McBroom and Knollenberg introduced
House Bill No. 5288, entitled
A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 142 (MCL 389.142), as amended by 2009 PA 179.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Reps. Ouimet, McBroom, Womack and Knollenberg introduced
House Bill No. 5289, entitled
A bill to amend 1943 PA 20, entitled “An act relative to the investment of funds of public corporations of the state; and to validate certain investments,” by amending section 1 (MCL 129.91), as amended by 2009 PA 21.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Reps. Hooker, Yonker, Hughes, Jenkins, Kurtz, Rendon, Gilbert, Potvin, Callton, Outman, Roy Schmidt, Goike, Haveman, MacGregor and Crawford introduced
House Bill No. 5290, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending sections 217 and 1060 (MCL 450.1217 and 450.2060), as amended by 2008 PA 402.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Jacobsen, Haines, Kowall and Knollenberg introduced
House Bill No. 5291, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 70.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Hughes, Yonker, Irwin, Ouimet, LaFontaine, Kurtz, Walsh, Heise, Hooker, Daley, Opsommer, Cotter, Outman, Tyler, Goike, Muxlow, Damrow, Callton, Somerville, Knollenberg, Franz, Haines, Bumstead, Glardon, Nesbitt, Agema, Zorn, Denby, Rendon, Rutledge, Horn, MacMaster, O’Brien, Crawford, Huuki, Price, Jacobsen, MacGregor, Rogers, Lund, Wayne Schmidt, Pscholka, Haveman, Lyons, Hobbs, Gilbert, Lori, Pettalia, Forlini, Olson and McBroom introduced
House Bill No. 5292, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43537 (MCL 324.43537), as amended by 2007 PA 60.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Rep. Meadows introduced
House Bill No. 5293, entitled
A bill to amend 1937 PA 306, entitled “An act to promote the safety, welfare, and educational interests of the people of the state of Michigan by regulating the construction, reconstruction, and remodeling of certain public or private school buildings or additions to such buildings, by regulating the construction, reconstruction, and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,” by amending the title and sections 1b and 5a (MCL 388.851b and 388.855a), the title as amended by 2002 PA 628 and sections 1b and 5a as amended by 2006 PA 199, and by adding section 3a.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Jackson, Tlaib, Santana, Stanley, Smiley, Rutledge, Nathan, Stapleton, Hobbs, Durhal, Talabi, Ananich, Cavanagh, Hammel, Howze, Stallworth, Olumba and Oakes introduced
House Bill No. 5294, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 84.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Dillon, Brunner, Hovey-Wright, Tlaib, Nathan, Stapleton, Lipton and Switalski introduced
House Bill No. 5295, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3910a and 3927 (MCL 500.3910a and 500.3927), section 3910a as added and section 3927 as amended by 2006 PA 442.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Jackson introduced
House Bill No. 5296, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending sections 5 and 35a (MCL 117.5 and 117.35a), section 5 as amended by 2011 PA 133 and section 35a as amended by 2001 PA 173.
The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
Reps. Outman, Lyons, MacGregor, Hooker, Jacobsen, Genetski, Damrow, Rogers, Poleski, Kowall, Franz, Nesbitt, Knollenberg, Goike, Tyler, Cotter, Hughes, Wayne Schmidt, MacMaster, Callton, Potvin, Denby, Shaughnessy, Rutledge, Johnson and Somerville introduced
House Bill No. 5297, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2011 PA 163.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Rep. Olson introduced
House Bill No. 5298, entitled
A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 4, 5, 6, 8, 10, 14, 30, 32, 34, 39, 48, 63, 94, 122, 130, 143, 151, 152, 161, and 163 (MCL 207.1002, 207.1003, 207.1004, 207.1005, 207.1006, 207.1008, 207.1010, 207.1014, 207.1030, 207.1032, 207.1034, 207.1039, 207.1048, 207.1063, 207.1094, 207.1122, 207.1130, 207.1143, 207.1151, 207.1152, 207.1161, and 207.1163), sections 2, 5, and 122 as amended by 2002 PA 668, sections 3, 4, and 39 as amended by 2006 PA 277, section 8 as amended by 2006 PA 268, and sections 30 and 94 as amended by 2008 PA 26; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Olson introduced
House Bill No. 5299, entitled
A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 2 and 6a (MCL 207.212 and 207.216a), section 2 as amended by 2006 PA 346 and section 6a as added by 1996 PA 584.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Gilbert and Olson introduced
House Bill No. 5300, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 801, 801e, 803, 803a, 803b, 803p, 809, and 810 (MCL 257.801, 257.801e, 257.803, 257.803a, 257.803b, 257.803p, 257.809, and 257.810), sections 801, 803b, and 809 as amended by 2011 PA 159, section 801e as amended by 1983 PA 91, section 803 as amended by 2002 PA 490, section 803a as amended and section 803p as added by 1996 PA 404, and section 810 as amended by 2003 PA 152.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Price, Olson and Lori introduced
House Bill No. 5301, entitled
A bill to amend 1966 PA 293, entitled “An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies,” (MCL 45.501 to 45.521) by adding section 14a.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Roy Schmidt and Lori introduced
House Bill No. 5302, 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,” (MCL 247.651 to 247.675) by adding section 18j.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Talabi introduced
House Bill No. 5303, 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 the title and sections 10c and 12 (MCL 247.660c and 247.662), the title as amended by 2010 PA 135, section 10c as amended by 2010 PA 257, and section 12 as amended by 2010 PA 143, and by adding sections 10q, 10r, and 10s.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Ouimet and Olson introduced
House Bill No. 5304, 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 1c, 10a, 10p, and 13 (MCL 247.651c, 247.660a, 247.660p, and 247.663), section 1c as amended by 2010 PA 28, section 10a as amended by 1992 PA 137, section 10p as added by 2010 PA 135, and section 13 as amended by 2010 PA 261; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Lori introduced
House Bill No. 5305, 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 11 and 11c (MCL 247.661 and 247.661c), section 11 as amended by 2002 PA 639 and section 11c as amended by 2002 PA 498.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Daley introduced
House Bill No. 5306, 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, 10e, and 10h (MCL 247.660b, 247.660c, 247.660e, and 247.660h), section 10b as amended by 1982 PA 438, section 10c as amended by 2010 PA 257, section 10e as amended by 2008 PA 487, and section 10h as amended by 2002 PA 498; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Liss introduced
House Bill No. 5307, 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 1 (MCL 124.1), as amended by 1996 PA 289.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Lane and Townsend introduced
House Bill No. 5308, entitled
A bill to amend 1963 PA 55, entitled “An act to provide for the incorporation of public authorities to acquire, own, and operate or cause to be operated mass transportation systems; to require the state to guarantee payment of certain claims against certain transportation authorities and to give the state a lien in satisfaction of payment; to prescribe the rights, powers, and duties of those public authorities; to provide for the issuance of bonds; to provide for the levy and collection of certain taxes; and to authorize contracts between those authorities and either public or private corporations to carry out the operation of those mass transportation systems,” by amending section 4a (MCL 124.354a), as added by 1980 PA 410.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Townsend, Olson, Kandrevas, Dillon, Barnett, Lori, Lipton, Lane, Liss, Brunner, Cavanagh, Stallworth, Rutledge, Wayne Schmidt, Constan, Slavens, Durhal, Bledsoe and Switalski introduced
House Bill No. 5309, entitled
A bill to create a regional transit authority; to provide regional public transportation; to prescribe certain powers and duties of the authority and of certain state agencies and officials; to authorize the levy of a special assessment and to provide for the issuance of bonds and notes; to collect certain taxes; to make appropriations; to provide for the pledge of special assessment revenues and other funds for bond and note payments; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Townsend and Olson introduced
House Bill No. 5310, 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 first time by its title and referred to the Committee on Transportation.
Reps. Rutledge and Olson introduced
House Bill No. 5311, 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 first time by its title and referred to the Committee on Transportation.
Reps. Geiss and Olson introduced
House Bill No. 5312, 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 801k.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Jacobsen, Olson and Moss introduced
House Bill No. 5313, entitled
A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” (MCL 45.551 to 45.573) by adding section 4a.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Hobbs and Olson introduced
House Bill No. 5314, 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 first time by its title and referred to the Committee on Transportation.
Reps. Somerville, Haines and Muxlow introduced
House Bill No. 5315, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 724 (MCL 330.1724), as amended by 1995 PA 290.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Hughes, Bumstead, Yonker, Kurtz, Jenkins, Price, Damrow, Forlini, Lyons, Gilbert, Shaughnessy, Horn, Franz, Agema, Pettalia, Poleski, Moss, LaFontaine, Olson, Callton, Outman, Muxlow, Somerville, Jacobsen, Cotter, MacMaster, Tyler, Huuki, Knollenberg, Haines, Crawford, Glardon, Genetski, Lori, Hobbs, Opsommer, Zorn, Rendon, Hooker, Potvin, Heise, Foster, Goike, Denby, Kowall, Lund, MacGregor, O’Brien, Rutledge and Daley introduced
House Joint Resolution MM, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 7 of article VIII, to require each public community and junior college to consider active duty members and honorably discharged veterans of the armed forces as residents of that college’s district for determining their tuition rates.
The joint resolution was read a first time by its title and referred to the Committee on Education.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, January 26:
House Bill Nos. 5283 5284 5285 5286
The Clerk announced that the following Senate bills had been received on Thursday, January 26:
Senate Bill Nos. 306 698 699 700 721 722
Messages from the Senate
Senate Bill No. 306, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2110c.
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. 698, entitled
A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending section 7 (MCL 551.7), as amended by 2008 PA 47.
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. 699, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 874 (MCL 600.874).
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. 700, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8316 (MCL 600.8316).
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. 721, entitled
A bill to regulate the purchase and sale of certain plastic bulk merchandise containers; to require disclosures and record keeping by dealers of plastic bulk merchandise containers; and to provide for penalties and remedies.
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. 722, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2010 PA 319.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
______
Rep. Ananich moved that the House adjourn.
The motion prevailed, the time being 3:05 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, January 31, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
68 JOURNAL OF THE HOUSE [January 26, 2012] [No. 7
No. 7] [January 26, 2012] JOURNAL OF THE HOUSE 69
70 JOURNAL OF THE HOUSE [January 26, 2012] [No. 7
No. 7] [January 26, 2012] JOURNAL OF THE HOUSE 71
72 JOURNAL OF THE HOUSE [January 26, 2012] [No. 7
No. 7] [January 26, 2012] JOURNAL OF THE HOUSE 73
74 JOURNAL OF THE HOUSE [January 26, 2012] [No. 7
No. 7] [January 26, 2012] JOURNAL OF THE HOUSE 75
76 JOURNAL OF THE HOUSE [January 26, 2012] [No. 7
No. 7] [January 26, 2012] JOURNAL OF THE HOUSE 77
78 JOURNAL OF THE HOUSE [January 26, 2012] [No. 7
No. 7] [January 26, 2012] JOURNAL OF THE HOUSE 79
80 JOURNAL OF THE HOUSE [January 26, 2012] [No. 7
No. 7] [January 26, 2012] JOURNAL OF THE HOUSE 81
82 JOURNAL OF THE HOUSE [January 26, 2012] [No. 7
No. 7] [January 26, 2012] JOURNAL OF THE HOUSE 83
84 JOURNAL OF THE HOUSE [January 26, 2012] [No. 7
No. 7] [January 26, 2012] JOURNAL OF THE HOUSE 85
86 JOURNAL OF THE HOUSE [January 26, 2012] [No. 7
No. 7] [January 26, 2012] JOURNAL OF THE HOUSE 87
88 JOURNAL OF THE HOUSE [January 26, 2012] [No. 7