No. 100

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Tuesday, December 13, 2011.

10:00 a.m.

The House was called to order by the Speaker.

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

Agema—present Genetski—present LeBlanc—present Price—present

Ananich—present Gilbert—present Lindberg—present 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—present 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

Rep. Anthony G. Forlini, from the 24th District, offered the following invocation:

“Almighty God, we come before You together in gratitude this holiday season for all the blessings You have bestowed upon us. You created a state with vast natural resources to treasure, with abundant fresh water lakes, forests and fertile croplands.

May we in the Legislature always be good caretakers of these resources so that future generations of Michigan residents have the quality of life we enjoy.

Lord, we thank You for being the Giver of all life, order, and wisdom, and Source of help. We thank You for the resilience of Michigan families.

Through the challenges we face in our economy, we pray for Your unfailing guidance to make the decisions that will lead Michigan to be the land of opportunity for all its citizens.

Lord, grant us the knowledge of Your truth.

We pray for the protection of our soldiers overseas, and the safe travel of our loved ones as they return home for the holidays.

We are forever grateful for the season’s greatest blessing, the gift of Your Son, Jesus Christ, in Whose name I pray. Amen.”

______

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

The motion prevailed.

Notices

Pursuant to Rule 41, the Speaker has made the following re-referral:

Senate Bill No. 855 referred to the Committee on Commerce on December 8, 2011.

______

The Speaker called the Speaker Pro Tempore to the Chair.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 725, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7dd and 34c (MCL 211.7dd and 211.34c), section 7dd as amended by 2010 PA 17 and section 34c as amended by 2006 PA 646.

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

Roll Call No. 569 Yeas—108

Agema Genetski LeBlanc Price

Ananich Gilbert Lindberg Pscholka

Barnett Glardon Lipton Rendon

Bauer Goike Liss Rogers

Bledsoe Haines Lori Rutledge

Bolger Hammel Lund Santana

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise MacMaster Segal

Byrum Hobbs McBroom Shaughnessy

Callton Hooker McCann Shirkey

Cavanagh Horn McMillin Slavens

Clemente Hovey-Wright Meadows Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nathan Stamas

Daley Irwin Nesbitt Stanley

Damrow Jackson O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Nays—0

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 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. 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 Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported

Senate Bill No. 483, entitled

A bill to authorize the issuance of bonds, notes, or other financial instruments; to create funds and accounts; to prescribe the powers and duties of the authority, the state treasurer, and certain other state officials and state employees; and to make appropriations and prescribe certain conditions for the appropriations.

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, Shirkey, Farrington, Glardon, Shaughnessy, Somerville and Zorn

Nays: Reps. Switalski, Bledsoe, Haugh, Barnett, Clemente, Townsend and Olumba

The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported

Senate Bill No. 484, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending the title and section 2 (MCL 421.2) and by adding sections 10a and 26a.

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, Shirkey, Farrington, Glardon, Shaughnessy, Somerville and Zorn

Nays: Reps. Switalski, Bledsoe, Haugh, Barnett, Clemente, Townsend and Olumba

The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported

Senate Bill No. 806, 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, 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 27 as amended by 2011 PA 216, 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, section 32b as added and sections 44 and 48 as amended 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-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, Shirkey, Farrington, Glardon, Shaughnessy, Somerville and Zorn

Nays: Reps. Switalski, Bledsoe, Haugh, Barnett, Clemente, Townsend and Olumba

The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported

Senate Bill No. 855, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 107 and 434 (MCL 208.1107 and 208.1434), section 107 as amended by 2011 PA 209 and section 434 as amended by 2010 PA 114.

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, Knollenberg, Denby, Glardon, Shaughnessy, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente, Townsend and Olumba

Nays: Reps. Gilbert, Lund, Shirkey, Farrington and Somerville

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Wayne Schmidt, Chair, of the Committee on Commerce, was received and read:

Meeting held on: Tuesday, December 13, 2011

Present: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente, Townsend and Olumba

Messages from the Senate

The Speaker laid before the House

House Bill No. 5014, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; and to provide for the expenditure of the appropriations.

(The bill was received from the Senate on November 10, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 29, see House Journal No. 93, p. 2632.)

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

Rep. Moss moved to substitute (H-4) the Senate substitute (S-1).

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Tlaib moved to amend the Senate substitute (S-1), as substituted (H-4), as follows:

1. Amend page 3, following line 26, by inserting:

“(5) HEALTH POLICY

Primary care services................................................................................................................... $ 330,200

GROSS APPROPRIATION.......................................................................................................... $ 330,200

Appropriated from:

Federal revenues:

Total federal revenues................................................................................................................... 218,400

State general fund/general purpose.............................................................................................. $ 111,800”

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

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 Senate substitute (S-1), as substituted (H-4), as follows:

1. Amend page 11, following line 23, by inserting:

“Detroit revenue sharing grant................................................................................................ 220,000,000”

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

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

Rep. Talabi moved to amend the Senate substitute (S-1), as substituted (H-4), as follows:

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

“(3) GRANTS

Abandoned structure cleanup....................................................................................................... $ 1,500,000

GROSS APPROPRIATION.......................................................................................................... $ 1,500,000

Appropriated from:

State general fund/general purpose.............................................................................................. $ 1,500,000”

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

2. Amend page 18, following line 15, by inserting:

“Sec. 403. The funds appropriated in part 1 for abandoned structure cleanup shall be expended to tear down, remove, and clean up burned, abandoned, or dangerous structures surrounding school buildings in the City of Detroit.”.

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

Rep. Bauer moved to amend the Senate substitute (S-1), as substituted (H-4), as follows:

1. Amend page 3, following line 17, by inserting:

“Hospital services and therapy................................................................................................ $ 14,694,900”

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

2. Amend page 3, line 23, by striking out “86,103,200” and inserting “95,825,400”.

3. Amend page 3, line 26, by striking out “143,294,200” and inserting “148,266,900”.

4. Amend page 18, following line 15, by inserting:

“DEPARTMENT OF COMMUNITY HEALTH

Sec. 502. From the funds appropriated in part 1 for hospital services and therapy, the department of community health shall use these funds for the graduate medical education program.”.

The question being on the adoption of the amendments offered by Rep. Bauer,

Rep. Bauer demanded the yeas and nays.

The demand was not supported.

The question being on the adoption of the amendments offered by Rep. Bauer,

The amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Hovey-Wright moved to amend the Senate substitute (S-1), as substituted (H-4), as follows:

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

“Sec. 108. DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 1,500,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers................................................... 0

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 1,500,000

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

Total private revenues................................................................................................................... 0

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 1,500,000

(2) DEPARTMENT GRANTS

Independent living........................................................................................................................ $ 1,500,000

GROSS APPROPRIATION.......................................................................................................... $ 1,500,000

Appropriated from:

State general fund/general purpose.............................................................................................. $ 1,500,000”

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

The question being on the adoption of the amendment offered by Rep. Hovey-Wright,

Rep. Hovey-Wright demanded the yeas and nays.

The demand was not supported.

The question being on the adoption of the amendment offered by Rep. Hovey-Wright,

The amendment was not adopted, a majority of the members serving not voting therefor.

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

The substitute (S-1), as substituted (H-4), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 570 Yeas—101

Agema Geiss Lane Pscholka

Ananich Genetski LeBlanc Rendon

Barnett Gilbert Lipton Rogers

Bauer Glardon Liss Rutledge

Bledsoe Goike Lori Santana

Bolger Haines Lund Schmidt, R.

Brown Hammel Lyons Schmidt, W.

Brunner Haugh MacGregor Segal

Bumstead Haveman MacMaster Shaughnessy

Byrum Heise McBroom Shirkey

Callton Horn McCann Slavens

Cavanagh Hovey-Wright Meadows Smiley

Clemente Howze Moss Somerville

Constan Hughes Muxlow Stallworth

Cotter Huuki Nathan Stamas

Crawford Irwin O’Brien Stanley

Daley Jackson Oakes Stapleton

Damrow Jacobsen Olson Switalski

Darany Jenkins Olumba Talabi

Denby Johnson Ouimet Townsend

Dillon Kandrevas Outman Tyler

Durhal Knollenberg Pettalia Walsh

Farrington Kowall Poleski Womack

Forlini Kurtz Potvin Yonker

Foster LaFontaine Price Zorn

Franz

Nays—7

Hobbs Lindberg Nesbitt Tlaib

Hooker McMillin Opsommer

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 make, supplement, and adjust appropriations for various state departments and agencies and for the legislative branch for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Tlaib, having reserved the right to explain her nay vote, made the following statement:

“Mr. Speaker and members of the House:

The supplement did not address the fact that the State of Michigan currently has a surplus of over $500 million. These funds are left on the table while we continue to maintain the cuts made to the Departments of Community Health and Human Services and education programs that are essential in maintaining the quality of life for our working and poor families. I will not support a supplement bill that fails to address the needs of Michigan families. Therefore, I voted no on House Bill 5014.”

Rep. Hooker, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

I had voted yes on this bill in the first passage that had appropriated $520.Million for the fiscal year but the Senate raised a supplement to it to $566.Million. The House changed it to $351.8 Million which I opposed the increase of $30 million on a appropriation already enacted.”

Third Reading of Bills

House Bill No. 5047, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 42a (MCL 211.42a), as amended by 2002 PA 505.

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

Roll Call No. 571 Yeas—108

Agema Genetski LeBlanc Price

Ananich Gilbert Lindberg Pscholka

Barnett Glardon Lipton Rendon

Bauer Goike Liss Rogers

Bledsoe Haines Lori Rutledge

Bolger Hammel Lund Santana

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise MacMaster Segal

Byrum Hobbs McBroom Shaughnessy

Callton Hooker McCann Shirkey

Cavanagh Horn McMillin Slavens

Clemente Hovey-Wright Meadows Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nathan Stamas

Daley Irwin Nesbitt Stanley

Damrow Jackson O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

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.

Second Reading of Bills

Senate Bill No. 508, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 41401 and 41411.

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.

Senate Bill No. 509, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 414.

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.

Senate Bill No. 510, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 41409, 41413, and 41415; and to repeal acts and parts of acts.

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.

Senate Bill No. 535, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1j of chapter IX (MCL 769.1j), as amended by 2008 PA 547.

The bill was read a second time.

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

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

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

The motion prevailed.

Senate Bill No. 536, entitled

A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending sections 1 and 5 (MCL 780.901 and 780.905), section 1 as amended by 2008 PA 396 and section 5 as amended by 2010 PA 281.

The bill was read a second time.

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

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

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

The motion prevailed.

Senate Bill No. 537, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 18 and 18m of chapter XIIA (MCL 712A.18 and 712A.18m), section 18 as amended by 2004 PA 475 and section 18m as amended by 2008 PA 543.

The bill was read a second time.

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

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

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

The motion prevailed.

Senate Bill No. 538, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8381 (MCL 600.8381), as amended by 2003 PA 96.

The bill was read a second time.

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

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

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

The motion prevailed.

Senate Bill No. 691, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 25 (MCL 388.1625), as amended by 2005 PA 155.

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

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

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

The motion prevailed.

Senate Bill No. 368, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 27a (MCL 205.27a), as amended by 2010 PA 38.

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.

Senate Bill No. 369, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 105, 111, 405, and 505 (MCL 208.1105, 208.1111, 208.1405, and 208.1505), sections 105 and 405 as amended by 2007 PA 145 and section 111 as amended by 2010 PA 133.

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 adopted, a majority of the members serving voting therefor.

Rep. Gilbert moved to amend the bill as follows:

1. Amend page 20, line 20, after “2012” by striking out the balance of the line through “RETURN,” on line 21 and inserting “IN AN ORIGINALLY FILED RETURN WAS TREATED AS A PERSON SEPARATE FROM ITS OWNER OR PRIOR TO DECEMBER 1, 2011 IN AN AMENDED RETURN WAS TREATED AS A PERSON”.

2. Amend page 20, line 27, after “2012” by striking out the balance of the page through “RETURN,” on line 1 of page 21 and inserting “IN AN ORIGINALLY FILED RETURN WAS TREATED AS A PERSON SEPARATE FROM ITS OWNER OR PRIOR TO DECEMBER 1, 2011 IN AN AMENDED RETURN WAS TREATED AS A PERSON”.

3. Amend page 21, line 3, after “MAY” by striking out “FILE A RETURN” and inserting “BE TREATED AS A PERSON”.

The motion prevailed and the amendments were 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.

Senate Bill No. 653, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 607 (MCL 206.607), as amended by 2011 PA 182.

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.

Senate Bill No. 666, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 605 (MCL 206.605), as amended by 2011 PA 179.

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.

Senate Bill No. 673, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 663 (MCL 206.663), as added by 2011 PA 38.

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.

Senate Bill No. 678, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 699.

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.

Senate Bill No. 807, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 661 (MCL 206.661), as amended by 2011 PA 191.

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Stamas moved that Senate Bill No. 535 be placed on its immediate passage.

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

Senate Bill No. 535, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1j of chapter IX (MCL 769.1j), as amended by 2008 PA 547.

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

Roll Call No. 572 Yeas—105

Ananich Gilbert Lindberg Pscholka

Barnett Glardon Lipton Rendon

Bauer Goike Liss Rogers

Bledsoe Haines Lori Rutledge

Bolger Hammel Lund Santana

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise MacMaster Segal

Byrum Hobbs McBroom Shaughnessy

Callton Hooker McCann Shirkey

Cavanagh Horn Meadows Slavens

Clemente Hovey-Wright Moss Smiley

Constan Howze Muxlow Somerville

Cotter Hughes Nathan Stallworth

Crawford Huuki Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Franz Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Genetski

Nays—3

Agema Irwin McMillin

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 revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”

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. Stamas moved that Senate Bill No. 536 be placed on its immediate passage.

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

Senate Bill No. 536, entitled

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

Roll Call No. 573 Yeas—104

Ananich Genetski LeBlanc Pscholka

Barnett Gilbert Lindberg Rendon

Bauer Glardon Lipton Rogers

Bledsoe Goike Liss Rutledge

Bolger Haines Lori Santana

Brown Hammel Lund Schmidt, R.

Brunner Haugh Lyons Schmidt, W.

Bumstead Haveman MacGregor Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker Meadows Slavens

Clemente Horn Moss Smiley

Constan Hovey-Wright Muxlow Somerville

Cotter Howze Nathan Stallworth

Crawford Hughes Nesbitt Stamas

Daley Huuki O’Brien Stanley

Damrow Jackson Oakes Stapleton

Darany Jacobsen Olson Switalski

Denby Jenkins Olumba Talabi

Dillon Johnson Opsommer Tlaib

Durhal Kandrevas Ouimet Townsend

Farrington Knollenberg Outman Tyler

Forlini Kowall Pettalia Walsh

Foster Kurtz Poleski Womack

Franz LaFontaine Potvin Yonker

Geiss Lane Price Zorn

Nays—4

Agema Irwin MacMaster McMillin

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. Stamas moved that Senate Bill No. 537 be placed on its immediate passage.

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

Senate Bill No. 537, entitled

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

Roll Call No. 574 Yeas—104

Ananich Genetski LeBlanc Pscholka

Barnett Gilbert Lindberg Rendon

Bauer Glardon Lipton Rogers

Bledsoe Goike Liss Rutledge

Bolger Haines Lori Santana

Brown Hammel Lund Schmidt, R.

Brunner Haugh Lyons Schmidt, W.

Bumstead Haveman MacGregor Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker Meadows Slavens

Clemente Horn Moss Smiley

Constan Hovey-Wright Muxlow Somerville

Cotter Howze Nathan Stallworth

Crawford Hughes Nesbitt Stamas

Daley Huuki O’Brien Stanley

Damrow Jackson Oakes Stapleton

Darany Jacobsen Olson Switalski

Denby Jenkins Olumba Talabi

Dillon Johnson Opsommer Tlaib

Durhal Kandrevas Ouimet Townsend

Farrington Knollenberg Outman Tyler

Forlini Kowall Pettalia Walsh

Foster Kurtz Poleski Womack

Franz LaFontaine Potvin Yonker

Geiss Lane Price Zorn

Nays—4

Agema Irwin MacMaster McMillin

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 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.

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

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

Rep. Lyons moved that Senate Bill No. 538 be placed on its immediate passage.

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

Senate Bill No. 538, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8381 (MCL 600.8381), as amended by 2003 PA 96.

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

Roll Call No. 575 Yeas—107

Agema Genetski Lindberg 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 MacMaster Segal

Bumstead Heise McBroom Shaughnessy

Byrum Hobbs McCann Shirkey

Callton Hooker McMillin Slavens

Cavanagh Horn Meadows Smiley

Clemente Hovey-Wright Moss Somerville

Constan Howze Muxlow Stallworth

Cotter Hughes Nathan Stamas

Crawford Huuki Nesbitt Stanley

Daley Jackson O’Brien Stapleton

Damrow Jacobsen Oakes Switalski

Darany Jenkins Olson Talabi

Denby Johnson Olumba Tlaib

Dillon Kandrevas Opsommer Townsend

Durhal Knollenberg Ouimet Tyler

Farrington Kowall Outman Walsh

Forlini Kurtz Pettalia Womack

Foster LaFontaine Poleski Yonker

Franz Lane Potvin Zorn

Geiss LeBlanc Price

Nays—1

Irwin

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 revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; 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.

Rep. Stamas moved that Senate Bill No. 691 be placed on its immediate passage.

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

Senate Bill No. 691, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 25 (MCL 388.1625), as amended by 2005 PA 155.

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

Roll Call No. 576 Yeas—63

Agema Goike 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

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori Poleski

Nays—45

Ananich Durhal LeBlanc Segal

Barnett Geiss Lindberg Slavens

Bauer Hammel Lipton Smiley

Bledsoe Haugh Liss Stallworth

Brown Hobbs McCann Stanley

Brunner Hovey-Wright Meadows Stapleton

Byrum Howze Nathan Switalski

Cavanagh Irwin Oakes Talabi

Clemente Jackson Olumba Tlaib

Constan Kandrevas Rutledge Townsend

Darany Lane Santana Womack

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 make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; 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.

Rep. Stamas moved that Senate Bill No. 368 be placed on its immediate passage.

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

Senate Bill No. 368, entitled

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

Roll Call No. 577 Yeas—108

Agema Genetski LeBlanc Price

Ananich Gilbert Lindberg Pscholka

Barnett Glardon Lipton Rendon

Bauer Goike Liss Rogers

Bledsoe Haines Lori Rutledge

Bolger Hammel Lund Santana

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise MacMaster Segal

Byrum Hobbs McBroom Shaughnessy

Callton Hooker McCann Shirkey

Cavanagh Horn McMillin Slavens

Clemente Hovey-Wright Meadows Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nathan Stamas

Daley Irwin Nesbitt Stanley

Damrow Jackson O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

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.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5002, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending sections 210, 212, 213, 230, 274, 301, 315, 319, 331, 353, 354, 360, 361, 381, 401, 625, 801, 835, 836, 837, 847, and 853 (MCL 418.210, 418.212, 418.213, 418.230, 418.274, 418.301, 418.315, 418.319, 418.331, 418.353, 418.354, 418.360, 418.361, 418.381, 418.401, 418.625, 418.801, 418.835, 418.836, 418.837, 418.847, and 418.853), sections 210, 213, 274, 331, 801, 836, 837, 847, and 853 as amended by 1994 PA 271, section 212 as added and sections 319, 361, and 381 as amended by 1985 PA 103, section 230 as amended by 2002 PA 566, sections 301, 354, and 401 as amended by 1987 PA 28, section 315 as amended by 2009 PA 226, section 625 as amended by 2002 PA 626, and section 835 as amended by 1996 PA 357; and to repeal acts and parts of acts.

(The bill was received from the Senate on December 7, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 8, see House Journal No. 98, p. 2775.)

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

Rep. Townsend moved to amend the Senate substitute (S-3) as follows:

1. Amend page 29, line 21, after “COMMISSION,” by inserting “A CORRECTIONS WORKER, A VETERAN, A HOSPITAL WORKER, A TEACHER, A PERSON EMPLOYED IN THE SKILLED TRADES,”.

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

Rep. Townsend demanded the yeas and nays.

The demand was not supported.

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

The amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Townsend moved to amend the Senate substitute (S-3) as follows:

1. Amend page 31, line 3, after “physician.” by inserting “IN AN EMERGENCY OR FOR EMERGENCY ROOM SERVICES OR SURGERY, THE EMPLOYEE MAY TREAT WITH A PHYSICIAN OF HIS OR HER CHOICE WITHOUT REGARD TO THE 28-DAY LIMITATION.”.

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

Rep. Barnett moved to amend the Senate substitute (S-3) as follows:

1. Amend page 23, line 8, after “EMPLOYEE” by inserting “AFTER MAXIMUM MEDICAL IMPROVEMENT”.

2. Amend page 23, line 14, after “AVAILABLE” by inserting “AFTER MAXIMUM MEDICAL IMPROVEMENT”.

3. Amend page 24, line 10, after “JOBS” by inserting “AFTER MAXIMUM MEDICAL IMPROVEMENT”.

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

Rep. Switalski moved to amend the Senate substitute (S-3) as follows:

1. Amend page 22, line 24, after “TRAINING” by striking out the balance of the sentence and inserting a period.

2. Amend page 24, line 2, after “TO” by striking out “THE”.

3. Amend page 55, line 13, after “TRAINING” by striking out the balance of the sentence and inserting a period.

4. Amend page 57, line 13, after “TO” by striking out “THE”.

The question being on the adoption of the amendments offered by Rep. Switalski,

Rep. Switalski demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Switalski,

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

Roll Call No. 578 Yeas—47

Ananich Durhal Lindberg Segal

Barnett Geiss Lipton Slavens

Bauer Hammel Liss Smiley

Bledsoe Haugh McCann Stallworth

Brown Hobbs Meadows Stanley

Brunner Hovey-Wright Nathan Stapleton

Byrum Howze Oakes Switalski

Cavanagh Irwin Olumba Talabi

Clemente Jackson Ouimet Tlaib

Constan Kandrevas Rutledge Townsend

Darany Lane Santana Womack

Dillon LeBlanc Schmidt, R.

Nays—61

Agema Goike 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, 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 Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon

In The Chair: Walsh

Rep. Rutledge moved to amend the Senate substitute (S-3) as follows:

1. Amend page 74, line 14, after “215,” by striking out “223,”.

2. Amend page 74, line 16, after “418.215,” by striking out “418.223,”.

The question being on the adoption of the amendments offered by Rep. Rutledge,

Rep. Rutledge demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Rutledge,

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

Roll Call No. 579 Yeas—45

Ananich Durhal LeBlanc Segal

Barnett Geiss Lindberg Slavens

Bauer Hammel Lipton Smiley

Bledsoe Haugh Liss Stallworth

Brown Hobbs McBroom Stanley

Brunner Hovey-Wright McCann Stapleton

Byrum Howze Meadows Switalski

Cavanagh Irwin Oakes Talabi

Clemente Jackson Rutledge Tlaib

Constan Kandrevas Santana Townsend

Darany Lane Schmidt, R. Womack

Dillon

Nays—62

Agema Goike Lund Poleski

Bolger Haines Lyons Potvin

Bumstead Haveman MacGregor Price

Callton Heise MacMaster Pscholka

Cotter Hooker McMillin Rendon

Crawford Horn Moss Rogers

Daley Hughes Muxlow Schmidt, W.

Damrow Huuki Nathan Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori

In The Chair: Walsh

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. 580 Yeas—60

Agema Haines Lund Poleski

Bolger Haveman Lyons Potvin

Bumstead Heise MacGregor Price

Crawford Hooker MacMaster Pscholka

Daley Horn McBroom Rendon

Damrow Hughes McMillin Rogers

Denby Huuki Moss Schmidt, W.

Farrington Jacobsen Muxlow Shaughnessy

Forlini Jenkins Nesbitt Shirkey

Foster Johnson O’Brien Somerville

Franz Knollenberg Olson Stamas

Genetski Kowall Opsommer Tyler

Gilbert Kurtz Ouimet Walsh

Glardon LaFontaine Outman Yonker

Goike Lori Pettalia Zorn

Nays—47

Ananich Darany Lane Segal

Barnett Dillon LeBlanc Slavens

Bauer Durhal Lindberg Smiley

Bledsoe Geiss Lipton Stallworth

Brown Hammel Liss Stanley

Brunner Haugh McCann Stapleton

Byrum Hobbs Meadows Switalski

Callton Hovey-Wright Nathan Talabi

Cavanagh Howze Oakes Tlaib

Clemente Irwin Rutledge Townsend

Constan Jackson Santana Womack

Cotter Kandrevas Schmidt, R.

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

Rep. Stamas moved that Senate Bill No. 369 be placed on its immediate passage.

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

Senate Bill No. 369, entitled

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

Roll Call No. 581 Yeas—108

Agema Genetski LeBlanc Price

Ananich Gilbert Lindberg Pscholka

Barnett Glardon Lipton Rendon

Bauer Goike Liss Rogers

Bledsoe Haines Lori Rutledge

Bolger Hammel Lund Santana

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise MacMaster Segal

Byrum Hobbs McBroom Shaughnessy

Callton Hooker McCann Shirkey

Cavanagh Horn McMillin Slavens

Clemente Hovey-Wright Meadows Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nathan Stamas

Daley Irwin Nesbitt Stanley

Damrow Jackson O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Nays—0

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 2007 PA 36, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” by amending sections 105, 111, 405, and 505 (MCL 208.1105, 208.1111, 208.1405, and 208.1505), sections 105 and 405 as amended by 2007 PA 145 and section 111 as amended by 2010 PA 133, and by adding section 512.

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.

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 Wednesday, December 14, 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 Thursday, December 8:

House Bill Nos. 5204 5205

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, December 13, for his approval of the following bills:

Enrolled House Bill No. 4240 at 10:58 a.m.

Enrolled House Bill No. 4394 at 11:00 a.m.

Enrolled House Bill No. 4770 at 11:02 a.m.

Enrolled House Bill No. 4771 at 11:04 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, December 13:

Senate Bill Nos. 877 878 879

The Clerk announced that the following Senate bills had been received on Tuesday, December 13:

Senate Bill Nos. 760 761 762

Messages from the Senate

House Bill No. 4582, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9 (MCL 211.9), as amended by 2008 PA 337.

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

The House agreed to the full title.

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

House Bill No. 4683, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 405 (MCL 484.1405), as amended by 2007 PA 165.

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

The House agreed to the full title.

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

House Bill No. 4701, entitled

A bill to amend 1943 PA 240, entitled “An act to provide for a state employees’ retirement system; to create a state employees’ retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; to prescribe and make appropriations for the retirement system; and to prescribe penalties and provide remedies,” by amending sections 1b, 1e, 20, 27, 35, 38, 47, 48, 49, 50, 55, 64, 65, 67a, 68, and 68c (MCL 38.1b, 38.1e, 38.20, 38.27, 38.35, 38.38, 38.47, 38.48, 38.49, 38.50, 38.55, 38.64, 38.65, 38.67a, 38.68, and 38.68c), sections 1b, 20, and 48 as amended by 2002 PA 93, sections 1e and 64 as amended by 2004 PA 33, sections 27 and 67a as amended by 2004 PA 109, section 35 as added and sections 38, 68, and 68c as amended by 2010 PA 185, section 47 as amended by 2002 PA 743, section 49 as amended by 2008 PA 353, sections 50 and 65 as added by 1996 PA 487, and section 55 as amended by 2010 PA 256, and by adding sections 20j, 35a, 50a, 63a, 68b, and 68e.

The Senate has concurred in the House amendment to the Senate substitute (S-1).

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

House Bill No. 4820, entitled

A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 6 (MCL 125.2786), as amended by 2010 PA 137.

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

The House agreed to the full title.

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

House Bill No. 4990, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 520 (MCL 206.520), as amended by 2011 PA 38.

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

The House agreed to the full title.

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

Senate Bill No. 760, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222 and 223 (MCL 750.222 and 750.223), section 222 as amended by 2001 PA 135 and section 223 as amended by 1992 PA 221.

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. 761, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2008 PA 407.

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. 762, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2951 (MCL 600.2951), as added by 1982 PA 186.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Explanation of “No” Votes

Rep. Haugh, having reserved the right to explain his protest against the passage of House Bill No. 5187, made the following statement:

“Mr. Speaker and members of the House:

I voted no on House Bill 5187 because the bill is an outrageously partisan bill that would undo Oakland County’s Apportionment Commission’s fair process of redistricting resulting in a map that has already been upheld by the Michigan Court of Appeals as constitutional and in compliance with the law. While other states are moving redistricting out of the hands of elected officials and to independent, non-partisan commissions, the majority in this House is proposing that county elected officials pick their own districts. The bill is also flawed because it is a local act that only applies to Oakland County. The statute does not refer to Oakland County by name but applies to a county with a population of 1,000,000 or more that has adopted a unified form of county government with a county executive. The language of the bill only applies to Oakland County.

Such population-based statutes have been upheld against claims that they constitute local acts where it is possible that other municipalities or counties can qualify for inclusion if their populations changes. See State v. Wayne, 466 Mich 640, 642-643 (2002); Irishman’s Lot, Inc. v. Secretary of State, 338 Mich 662, 666-668 (1954). However, where the statute cannot apply to other units of government, that is fatal to its status as a general act. See State at 643; Mulloy v. Wayne Co. Bd. Supervisors, 246 Mich 632, 637-640 (1929). That is the case here. In the bill, the language is limited to Oakland County. No other county would qualify under the bill. Oakland County is a closed class. Therefore, it is a local act and each chamber of the Legislature is required to get a two-thirds vote on a local or special act as required under Article 4, Section 29 of the Michigan Constitution. Members of this body took an oath to uphold the Michigan Constitution. The Majority was informed of the constitutional obstacle in this bill but are proceeding in an unconstitutional manner in violation of their oath.

Therefore, I voted ‘no’ on House Bill 5187. I also voted ‘no’ on granting Immediate Effect to House Bill 5187 because, as I stated above, the bill requires a two-thirds vote under the Michigan Constitution as a local or special act (Art. 4, Sec. 29). The bill did not receive a two-thirds vote and, therefore, did not effectively pass the House.”

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

December 7, 2011

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 #2010-004-LR (Secretary of State Filing #11-12-01) on this date at 4:38 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Board of Speech-Language General Rules”.

This rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

December 7, 2011

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 State Police and the State Office of Regulatory Reinvention filed Administrative Rule #2010-032-SP (Secretary of State Filing #11-12-02) on this date at 4:40 P.M. for the Department of State Police, entitled “Alcohol and Drug Testing of Biological and Nonbiological Specimens”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

December 7, 2011

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 Natural Resources and the State Office of Regulatory Reinvention filed Administrative Rule #2011-032-NR (Secretary of State Filing #11-12-03) on this date at 4:42 P.M. for the Department of Natural Resources, entitled “Hunting Restrictions – Highland and Waterloo Recreation Areas”.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

By unanimous consent the House returned to the order of

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 364.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of Senate Bill No. 748.

Rep. Gilbert

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of Senate Bill No. 790.

Rep. Gilbert

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Redistricting and Elections from further consideration of Senate Bill No. 849.

Rep. Lund

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Energy and Technology from further consideration of Senate Bill No. 864.

Rep. Horn

Introduction of Bills

Reps. Rendon, Muxlow, Outman, Daley, McBroom, LaFontaine, Johnson, Tyler, Kurtz, Denby, Glardon, Shaughnessy and Wayne Schmidt introduced

House Bill No. 5206, entitled

A bill to amend 1965 PA 232, entitled “Agricultural commodities marketing act,” (MCL 290.651 to 290.674) by adding section 18b.

The bill was read a first time by its title and referred to the Committee on Agriculture.

Reps. Kurtz, Denby, Tyler, Johnson, Muxlow, Rendon, Outman, McBroom, LaFontaine, Glardon, Daley, Shaughnessy and Wayne Schmidt introduced

House Bill No. 5207, entitled

A bill to repeal 1961 PA 70, entitled “Seal of quality act,” (MCL 289.631 to 289.646).

The bill was read a first time by its title and referred to the Committee on Agriculture.

Reps. Muxlow, Rendon, Outman, Daley, McBroom, LaFontaine, Johnson, Glardon, Tyler, Kurtz, Denby, Shaughnessy and Wayne Schmidt introduced

House Bill No. 5208, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” (MCL 290.601 to 290.634) by adding section 35.

The bill was read a first time by its title and referred to the Committee on Agriculture.

Reps. McBroom, LaFontaine, Daley, Johnson, Tyler, Kurtz, Denby, Glardon, Muxlow, Rendon, Outman, Shaughnessy and Wayne Schmidt introduced

House Bill No. 5209, entitled

A bill to amend 1927 PA 89, entitled “An act to promote the agricultural and industrial interests in the Upper Peninsula of Michigan; to create a board of managers for a state fair in the Upper Peninsula; to define the powers and duties thereof; to provide immunity from personal liability for members of the board of managers and its chief administrative officer for action taken in their official capacity; to provide for the transferring to and vesting in the state of Michigan or the people thereof, the title and control of all lands and other property that now is or hereafter may be owned or acquired in the Upper Peninsula for the purpose of holding and conducting an agricultural and industrial state fair; to authorize the leasing or licensed use of facilities for certain purposes, including bingo; to permit and regulate games of skill at the Upper Peninsula state fair; and to provide for an appropriation therefor,” (MCL 285.141 to 285.145) by adding section 6.

The bill was read a first time by its title and referred to the Committee on Agriculture.

Reps. Outman, Rendon, Muxlow, McBroom, Daley, LaFontaine, Johnson, Tyler, Kurtz, Denby, Glardon, Shaughnessy and Wayne Schmidt introduced

House Bill No. 5210, entitled

A bill to amend 1965 PA 232, entitled “Agricultural commodities marketing act,” (MCL 290.651 to 290.674) by adding section 18a.

The bill was read a first time by its title and referred to the Committee on Agriculture.

Reps. Glardon, Daley, Tyler, Johnson, Kurtz, Denby, Muxlow, Rendon, Outman, McBroom, LaFontaine, Shaughnessy and Wayne Schmidt introduced

House Bill No. 5211, entitled

A bill to amend 1939 PA 141, entitled “Grain dealers act,” (MCL 285.61 to 285.88) by adding section 29.

The bill was read a first time by its title and referred to the Committee on Agriculture.

Reps. LaFontaine, Daley, Muxlow, Rendon, Outman, McBroom, Johnson, Glardon, Tyler, Kurtz, Denby, Shaughnessy and Wayne Schmidt introduced

House Bill No. 5212, entitled

A bill to amend 1931 PA 189, entitled “The insect pest and plant disease act,” (MCL 286.201 to 286.228) by adding section 23b.

The bill was read a first time by its title and referred to the Committee on Agriculture.

Rep. Callton introduced

House Bill No. 5213, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811s.

The bill was read a first time by its title and referred to the Committee on Transportation.

Reps. Santana, Jackson, Irwin, Tlaib, Stallworth, Talabi, Durhal, Howze, Bledsoe and Oakes introduced

House Bill No. 5214, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter II (MCL 762.11), as amended by 2004 PA 239.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Rep. Santana introduced

House Bill No. 5215, entitled

A bill to provide for the creation, operation, and dissolution of neighborhood improvement districts; to permit the creation of certain boards; and to authorize the collection and disbursement of revenue.

The bill was read a first time by its title and referred to the Committee on Commerce.

Reps. MacMaster, Kowall, Shaughnessy and Huuki introduced

House Bill No. 5216, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2011 PA 53.

The bill was read a first time by its title and referred to the Committee on Health Policy.

Rep. Somerville introduced

House Bill No. 5217, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 309 (MCL 257.309), as amended by 2004 PA 362.

The bill was read a first time by its title and referred to the Committee on Transportation.

Reps. Dillon, McCann, Yonker, Lindberg, Hobbs, Roy Schmidt and Lyons introduced

House Bill No. 5218, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 200 (MCL 168.200), as amended by 1998 PA 364.

The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.

Reps. Knollenberg and Rogers introduced

House Bill No. 5219, 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.

The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.

Reps. Knollenberg and Tyler introduced

House Bill No. 5220, entitled

A bill to amend 1973 PA 186, entitled “Tax tribunal act,” (MCL 205.701 to 205.779) by adding section 62b.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Agema, Franz, O’Brien, Somerville, Heise, Glardon, Opsommer, Cotter, Olson, MacMaster, Crawford, Tyler, Price, MacGregor, Rendon, Jenkins, Foster, Haines, Jacobsen, Damrow, McBroom, Yonker, Hooker, Kurtz, Haveman, Bumstead, Kowall, McMillin, Huuki, Denby and LaFontaine introduced

House Bill No. 5221, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509q (MCL 168.509q), as amended by 2005 PA 71, and by adding section 496a.

The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.

Rep. Haugh introduced

House Bill No. 5222, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2805 and 2850 (MCL 333.2805 and 333.2850), section 2805 as amended by 1996 PA 307, and by adding section 2849.

The bill was read a first time by its title and referred to the Committee on Health Policy.

Reps. Farrington, MacMaster and Lund introduced

House Bill No. 5223, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57v.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Reps. Johnson, McBroom, Foster, Shirkey, Rendon, Potvin, Wayne Schmidt, Daley, Callton, Goike, Damrow, Muxlow, Opsommer and MacMaster introduced

House Bill No. 5224, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 20 (MCL 388.1620), as amended by 2011 PA 62.

The bill was read a first time by its title and referred to the Committee on Appropriations.

Rep. Opsommer introduced

House Bill No. 5225, entitled

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Hughes, Cotter, Haines, Bumstead, Tyler, Gilbert, Rendon, Jenkins, Damrow, Hobbs, Outman, Muxlow, Denby, LaFontaine, Agema, Callton, Olson, Goike, Shaughnessy, Crawford, Glardon, Lori, Forlini, Shirkey, MacGregor, Foster, Knollenberg, Opsommer, Johnson, Potvin, Hooker, Pscholka, Daley, Haveman, Kurtz, Jacobsen, Somerville, Huuki, Kowall, Zorn, Wayne Schmidt, Horn, MacMaster, Heise, Yonker, Franz, Lyons, O’Brien and Rutledge introduced

House Joint Resolution JJ, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 5 and 6 of article VIII, to require public universities to consider certain veterans of the armed forces residents of this state for determining their tuition rates.

The joint resolution was read a first time by its title and referred to the Committee on Education.

Rep. Cavanagh moved that the House adjourn.

The motion prevailed, the time being 5:40 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, December 14, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives

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