No. 12
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2012
House Chamber, Lansing, Wednesday, February 8, 2012.
1:30 p.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—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—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—excused Stamas—present
Daley—present Irwin—present Nesbitt—present Stanley—e/d/s
Damrow—present Jackson—present O’Brien—present Stapleton—present
Darany—present Jacobsen—present Oakes—present Switalski—present
Denby—present Jenkins—excused 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—excused
Franz—present LaFontaine—present Poleski—present Yonker—present
Geiss—present Lane—present Potvin—present Zorn—present
e/d/s = entered during session
Rep. Kenneth L. Kurtz, from the 58th District, offered the following invocation:
“Dear God,
For the opportunity to serve we are grateful. For the gift of life we are humbled. For the joy of friendships we are blest.
Today may our service be honorable, may our lives be meaningful and may our friendships grow more precious.
We pray for not only the members of this chamber, but also for the staff who cares for the many details we often take for granted. For our Sergeants who keep a careful eye upon this chamber, we are thankful.
O God, each one of us have certain cares and concerns that are often known only to You. No matter our station here in the house, may You grant to each one a sense of Your peace, Your healing, Your protection and Your comfort in our time of trials and hurts that are common to all.
We ask for Your continued guidance and direction in all we do.
In Jesus name I pray,
Amen.”
______
Rep. Stamas moved that Rep. Jenkins be excused from today’s session.
The motion prevailed.
Rep. Segal moved that Reps. Lindberg, Nathan and Womack be excused from today’s session.
The motion prevailed.
Motions and Resolutions
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL 830.415 and MCL 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Reps. Brunner and Kowall offered the following concurrent resolution:
House Concurrent Resolution No. 49.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of State Police Bay City State Police Post.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the “State”) may be conveyed to the State Building Authority (the “Authority”); and
Whereas, The site for the Department of State Police Bay City State Police Post located in Bay County (the “Facility”) is currently owned by the State; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the “Lease”); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of State Police Bay City State Police Post shall not exceed $3,700,000 (the Authority share is $3,699,900 and the State General Fund/General Purpose share is $100), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $3,699,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of “True Rental” for the Facility shall be within or below the range of $254,000 and $332,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
______
The Speaker called Associate Speaker Pro Tempore O’Brien to the Chair.
Third Reading of Bills
House Bill No. 5050, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 479c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 39 Yeas—100
Agema Franz Lane Price
Ananich Geiss LeBlanc Pscholka
Barnett Genetski Lipton Rendon
Bauer Gilbert Liss Rogers
Bledsoe Glardon Lori Rutledge
Bolger Haines Lund Santana
Brown Hammel Lyons Schmidt, R.
Brunner Haugh MacGregor Schmidt, W.
Bumstead Haveman MacMaster Segal
Byrum Heise McBroom Shaughnessy
Callton Hobbs McCann Shirkey
Cavanagh Hooker McMillin Slavens
Clemente Hovey-Wright Meadows Smiley
Constan Howze Moss Somerville
Cotter Hughes Muxlow Stallworth
Crawford Huuki Nesbitt Stamas
Daley Irwin O’Brien Stapleton
Damrow Jackson Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Johnson Olumba Tlaib
Dillon Kandrevas Opsommer Townsend
Durhal Knollenberg Ouimet Tyler
Farrington Kowall Outman Walsh
Forlini Kurtz Pettalia Yonker
Foster LaFontaine Poleski Zorn
Nays—3
Goike Horn Potvin
In The Chair: O’Brien
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. 5051, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2006 PA 234.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 40 Yeas—100
Agema Franz Lane Price
Ananich Geiss LeBlanc Pscholka
Barnett Genetski Lipton Rendon
Bauer Gilbert Liss Rogers
Bledsoe Glardon Lori Rutledge
Bolger Haines Lund Santana
Brown Hammel Lyons Schmidt, R.
Brunner Haugh MacGregor Schmidt, W.
Bumstead Haveman MacMaster Segal
Byrum Heise McBroom Shaughnessy
Callton Hobbs McCann Shirkey
Cavanagh Hooker McMillin Slavens
Clemente Hovey-Wright Meadows Smiley
Constan Howze Moss Somerville
Cotter Hughes Muxlow Stallworth
Crawford Huuki Nesbitt Stamas
Daley Irwin O’Brien Stapleton
Damrow Jackson Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Johnson Olumba Tlaib
Dillon Kandrevas Opsommer Townsend
Durhal Knollenberg Ouimet Tyler
Farrington Kowall Outman Walsh
Forlini Kurtz Pettalia Yonker
Foster LaFontaine Poleski Zorn
Nays—3
Goike Horn Potvin
In The Chair: O’Brien
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. Stanley entered the House Chambers.
House Bill No. 4455, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3171, 3172, 3173a, 3174, 3175, 3320, and 3330 (MCL 500.3171, 500.3172, 500.3173a, 500.3174, 500.3175, 500.3320, and 500.3330), sections 3172 and 3175 as amended and section 3173a as added by 1984 PA 426 and section 3320 as amended by 1980 PA 461.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 41 Yeas—103
Agema Geiss LeBlanc Pscholka
Ananich Genetski Lipton Rendon
Barnett Gilbert Liss Rogers
Bauer Glardon Lori Rutledge
Bledsoe Goike Lund Santana
Bolger Haines Lyons Schmidt, R.
Brown Hammel MacGregor Schmidt, W.
Brunner Haugh MacMaster Segal
Bumstead Haveman McBroom Shaughnessy
Byrum Heise McCann Shirkey
Callton Hobbs McMillin Slavens
Cavanagh Hooker Meadows Smiley
Clemente Horn Moss Somerville
Constan Hovey-Wright Muxlow Stallworth
Cotter Howze Nesbitt Stamas
Crawford Hughes O’Brien Stanley
Daley Huuki Oakes Stapleton
Damrow Jackson Olson Switalski
Darany Jacobsen Olumba Talabi
Denby Johnson Opsommer Tlaib
Dillon Kandrevas Ouimet Townsend
Durhal Knollenberg Outman Tyler
Farrington Kowall Pettalia Walsh
Forlini Kurtz Poleski Yonker
Foster LaFontaine Potvin Zorn
Franz Lane Price
Nays—1
Irwin
In The Chair: O’Brien
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4668, entitled
A bill to amend 1897 PA 230, entitled “An act to provide for the formation of corporations for the purpose of owning, maintaining and improving lands and other property kept for the purposes of summer resorts or for ornament, recreation or amusement, and to repeal all laws or parts of laws in conflict herewith; and to impose certain duties on the department of commerce,” (MCL 455.1 to 455.24) by adding section 16a.
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. Foster moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4669, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2008 PA 506.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Foster moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5178, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7u (MCL 211.7u), as amended by 2003 PA 140.
The bill was read a second time.
Rep. Tlaib moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Lyons moved that when the House adjourns today it stand adjourned until Thursday, February 9, at 10:00 a.m.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Wednesday, February 8:
House Bill Nos. 5362 5363 5364 5365 5366 5367 5368 5369 5370
House Joint Resolution OO
Reports of Standing Committees
The Committee on Appropriations, by Rep. Moss, Chair, reported
House Bill No. 4803, entitled
A bill to authorize the state administrative board to convey certain parcels of state-owned property in Wayne county to the land bank fast track authority; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments and agencies in regard to the property; and to provide for disposition of revenue derived from the conveyance.
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Cotter, Forlini, Goike, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Bauer, Dillon, Durhal, Jackson, Lipton, McCann and Tlaib
Nays: None
The Committee on Appropriations, by Rep. Moss, Chair, reported
Senate Bill No. 611, 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.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Cotter, Forlini, Goike, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Bauer, Durhal, Jackson, Lipton, McCann and Tlaib
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Moss, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, February 8, 2012
Present: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Cotter, Forlini, Goike, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Bauer, Dillon, Durhal, Jackson, Lipton, McCann and Tlaib
Absent: Reps. Bumstead, Jenkins, Ananich and Lindberg
Excused: Reps. Bumstead, Jenkins, Ananich and Lindberg
The Committee on Agriculture, by Rep. Daley, Chair, reported
House Bill No. 5130, entitled
A bill to amend 2000 PA 92, entitled “Food law of 2000,” by amending sections 1105, 1107, 1109, 1111, 2119, 2125, 2129, 3103, 3105, 3125, 3127, 3133, 4102, 4103, 4105, 4111, 4117, 4123, 4125, 4127, 4129, 5101, 6101, 6107, 6135, 7101, 7113, 7133, 7137, and 8107 (MCL 289.1105, 289.1107, 289.1109, 289.1111, 289.2119, 289.2125, 289.2129, 289.3103, 289.3105, 289.3125, 289.3127, 289.3133, 289.4102, 289.4103, 289.4105, 289.4111, 289.4117, 289.4123, 289.4125, 289.4127, 289.4129, 289.5101, 289.6101, 289.6107, 289.6135, 289.7101, 289.7113, 289.7133, 289.7137, and 289.8107), section 1105 as amended by 2010 PA 113, section 1107 as amended by 2008 PA 338, sections 1109, 2119, 2125, 2129, 3103, 3125, 3127, and 4103 as amended by 2007 PA 113, section 4102 as added by 2010 PA 112, section 4105 as amended by 2010 PA 145, sections 4111, 4117, 4125, 5101, 6101, 7113, 7137, and 8107 as amended by 2007 PA 114, and section 7101 as amended by 2002 PA 487, and by adding sections 2132, 4114, 7104, 7112, and 7114; 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. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Outman, Rendon, Muxlow, Brunner, Talabi, Hovey-Wright, Segal and Smiley
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Daley, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Wednesday, February 8, 2012
Present: Reps. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Outman, Rendon, Muxlow, Brunner, Talabi, Hovey-Wright, Segal and Smiley
Absent: Rep. Oakes
Excused: Rep. Oakes
The Committee on Education, by Rep. McMillin, Chair, reported
Senate Bill No. 619, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 552 (MCL 380.552), as added by 2009 PA 205.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. McMillin, Crawford, Franz, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Lyons and Bumstead
Nays: Reps. Hooker, Brown, Darany, Howze, Hobbs, Rutledge, Stallworth and Geiss
The Committee on Education, by Rep. McMillin, Chair, reported
Senate Bill No. 621, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 166b (MCL 388.1766b), as amended by 2010 PA 204.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. McMillin, Hooker, Crawford, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Lyons and Bumstead
Nays: Reps. Hobbs, Rutledge and Geiss
The Committee on Education, by Rep. McMillin, Chair, reported
Senate Bill No. 622, entitled
A bill to amend 1996 PA 160, entitled “Postsecondary enrollment options act,” by amending section 3 (MCL 388.513), as amended by 2005 PA 180.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. McMillin, Hooker, Crawford, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Lyons, Bumstead and Rutledge
Nays: Rep. Geiss
The Committee on Education, by Rep. McMillin, Chair, reported
Senate Bill No. 623, entitled
A bill to amend 2000 PA 258, entitled “Career and technical preparation act,” by amending section 3 (MCL 388.1903), as amended by 2005 PA 181.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. McMillin, Hooker, Crawford, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Lyons, Bumstead and Rutledge
Nays: Rep. Geiss
The Committee on Education, by Rep. McMillin, Chair, reported
Senate Bill No. 709, entitled
A bill to amend 2000 PA 258, entitled “Career and technical preparation act,” by amending the title and sections 3a, 4, 7, 9, 10, and 11 (MCL 388.1903a, 388.1904, 388.1907, 388.1909, 388.1910, and 388.1911), section 3a as added and section 9 as amended by 2004 PA 592.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. McMillin, Hooker, Crawford, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Lyons, Bumstead, Hobbs, Rutledge and Stallworth
Nays: Rep. Geiss
The Committee on Education, by Rep. McMillin, Chair, reported
Senate Bill No. 710, entitled
A bill to amend 1996 PA 160, entitled “Postsecondary enrollment options act,” by amending the title and sections 4, 7, 9, 10, and 11 (MCL 388.514, 388.517, 388.519, 388.520, and 388.521), section 9 as amended by 2004 PA 594.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. McMillin, Hooker, Crawford, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Lyons, Bumstead, Hobbs, Rutledge and Stallworth
Nays: Rep. Geiss
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. McMillin, Chair, of the Committee on Education, was received and read:
Meeting held on: Wednesday, February 8, 2012
Present: Reps. McMillin, Hooker, Crawford, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Lyons, Bumstead, Brown, Darany, Howze, Hobbs, Rutledge, Stallworth and Geiss
The Committee on Transportation, by Rep. Opsommer, Chair, reported
House Bill No. 4739, 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 10o (MCL 247.660o), as amended by 2000 PA 188.
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. Opsommer, Glardon, Huuki, Jacobsen, Muxlow, Olson, Ouimet, Somerville, Geiss, Talabi, Liss, Byrum, Smiley and Roy Schmidt
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Opsommer, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Wednesday, February 8, 2012
Present: Reps. Opsommer, Glardon, Daley, Wayne Schmidt, Huuki, Jacobsen, Muxlow, Olson, Ouimet, Somerville, Geiss, Talabi, Liss, Byrum, Smiley and Roy Schmidt
Absent: Rep. Nathan
Excused: Rep. Nathan
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Crawford, Chair, of the Committee on Regulatory Reform, was received and read:
Meeting held on: Wednesday, February 8, 2012
Present: Reps. Crawford, Yonker, Opsommer, Daley, McMillin, Stamas, Shirkey, Franz, McBroom, Rendon, Haugh, Byrum, Slavens and Rutledge
Absent: Rep. Womack
Excused: Rep. Womack
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Knollenberg, Chair, of the Committee on Banking and Financial Services, was received and read:
Meeting held on: Wednesday, February 8, 2012
Present: Reps. Knollenberg, Lyons, Farrington, Foster, Huuki, Olson, Pettalia, Switalski and Clemente
Absent: Reps. Womack and Stanley
Excused: Reps. Womack and Stanley
Messages from the Senate
House Bill No. 5103, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8121 and 8123 (MCL 600.8121 and 600.8123), section 8121 as amended by 2001 PA 258 and section 8123 as amended by 2000 PA 448.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1961 PA 236, entitled “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,” by amending sections 8121 and 8123 (MCL 600.8121 and 600.8123), as amended by 2011 PA 300.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Notices
February 8, 2012
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48913
Dear Mr. Clerk,
Pursuant to MCL 324.41405, I am appointing the following people to the aquatic invasive species advisory council:
Joel Brammeier of Chicago, IL as a representative of a regional or national private conservation organization.
Craig Ryan, of Alpena, MI as a representative of an association of industries in the Great Lakes Region.
Doug Roberts, Jr., of East Lansing, MI as a representative of a public utility.
Diane Randall, of Houghton Lake, MI as a representative of a statewide association of local units of government.
Daniel Vogler of Harrietta, MI as a representative of a statewide association of aquaculture businesses.
Sincerely,
Jase Bolger, Speaker
Michigan House of Representatives
Messages from the Governor
Date: February 7, 2012
Time: 10:10 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5194 (Public Act No. 1, I.E.), being
An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 1225 (MCL 380.1225), as amended by 2006 PA 285.
(Filed with the Secretary of State February 7, 2012, at 3:12 p.m.)
Date: February 7, 2012
Time: 10:14 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5195 (Public Act No. 2, I.E.), being
An act to amend 1979 PA 94, entitled “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,” by amending section 17a (MCL 388.1617a), as amended by 2006 PA 342.
(Filed with the Secretary of State February 7, 2012, at 3:14 p.m.)
Date: February 7, 2012
Time: 2:42 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4403 (Public Act No. 3, I.E.), being
An act to amend 1961 PA 236, entitled “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,” by amending section 1313 (MCL 600.1313), as amended by 2004 PA 12.
(Filed with the Secretary of State February 7, 2012, at 3:16 p.m.)
Date: February 7, 2012
Time: 2:54 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4893 (Public Act No. 4, I.E.), being
An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 16184 and 16185 (MCL 333.16184 and 333.16185), section 16184 as amended by 2006 PA 591 and section 16185 as amended by 2011 PA 55.
(Filed with the Secretary of State February 7, 2012, at 3:18 p.m.)
Introduction of Bills
Reps. Poleski, Lori, Haveman and O’Brien introduced
House Bill No. 5371, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 161 (MCL 418.161), as amended by 2011 PA 266.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Genetski introduced
House Bill No. 5372, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), section 11 as amended by 2011 PA 299, section 17b as amended by 2007 PA 137, and sections 201 and 236 as added by 2011 PA 62.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Agema introduced
House Bill No. 5373, entitled
A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Agema introduced
House Bill No. 5374, entitled
A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Cotter introduced
House Bill No. 5375, entitled
A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Goike introduced
House Bill No. 5376, entitled
A bill to make appropriations for community and junior colleges for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Genetski introduced
House Bill No. 5377, entitled
A bill to make appropriations for higher education for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Lori introduced
House Bill No. 5378, entitled
A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Kowall introduced
House Bill No. 5379, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. MacGregor introduced
House Bill No. 5380, entitled
A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. MacGregor introduced
House Bill No. 5381, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Poleski introduced
House Bill No. 5382, entitled
A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil service, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2013; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Haveman introduced
House Bill No. 5383, entitled
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Pscholka introduced
House Bill No. 5384, entitled
A bill to make appropriations for the department of energy, labor, and economic growth for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Potvin introduced
House Bill No. 5385, entitled
A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Bumstead introduced
House Bill No. 5386, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Kowall introduced
House Bill No. 5387, entitled
A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure thereof under the supervision of the director of the department of technology, management, and budget and the state administrative board.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Rogers introduced
House Bill No. 5388, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2011 PA 299 and section 17b as amended by 2007 PA 137.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Rogers introduced
House Bill No. 5389, entitled
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Announcements by the Clerk
February 7, 2012
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit of Michigan Prisoner ReEntry Initiative, Department of Corrections, February 2012.
Gary L. Randall
Clerk of the House
______
Rep. Tyler moved that the House adjourn.
The motion prevailed, the time being 2:35 p.m.
Associate Speaker Pro Tempore O’Brien declared the House adjourned until Thursday, February 9, at 10:00 a.m.
GARY L. RANDALL
Clerk of the House of Representatives
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