No. 31
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2012
House Chamber, Lansing, Thursday, March 22, 2012.
12:00 Noon.
The House was called to order by Associate Speaker Pro Tempore Opsommer.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Gilbert—present LeBlanc—present Price—present
Ananich—present Glardon—present Lindberg—present Pscholka—present
Barnett—present Goike—present Lipton—present Rendon—present
Bauer—present Graves—present Liss—present Rogers—present
Bledsoe—present Greimel—present Lori—present Rutledge—present
Bolger—present Haines—present Lund—present Santana—present
Brown—present Hammel—present Lyons—present Schmidt, R.—present
Brunner—present Haugh—present MacGregor—present Schmidt, W.—present
Bumstead—present Haveman—present MacMaster—present Segal—present
Byrum—present Heise—present McBroom—present Shaughnessy—present
Callton—present Hobbs—present McCann—present Shirkey—present
Cavanagh—present Hooker—present McMillin—present Slavens—present
Clemente—present Horn—present Meadows—present Smiley—present
Constan—present Hovey-Wright—present Moss—present Somerville—present
Cotter—present Howze—present Muxlow—present Stallworth—present
Crawford—present Hughes—present Nathan—present Stamas—present
Daley—present Huuki—present Nesbitt—present Stanley—present
Damrow—excused Irwin—present O’Brien—present Stapleton—present
Darany—present Jackson—excused Oakes—present Switalski—present
Denby—present Jacobsen—present Olson—present Talabi—present
Dillon—present Jenkins—present Olumba—present Tlaib—present
Durhal—present Johnson—present Opsommer—present Townsend—present
Farrington—present Kandrevas—present Ouimet—present Tyler—present
Forlini—present Knollenberg—present Outman—present Walsh—present
Foster—present Kowall—present Pettalia—present Womack—present
Franz—present Kurtz—present Poleski—present Yonker—present
Geiss—present LaFontaine—present Potvin—present Zorn—present
Genetski—present Lane—present
e/d/s = entered during session
Rep. Sean McCann, from the 60th District, offered the following invocation:
“We have gathered this day in service and in trust, and to be mindful the people we serve: people of varied religious traditions, cultures and political persuasions; people who serve one another in the many institutions and industries of this state. Let us give thanks for the people of Michigan – our brothers and sisters in life.
Let us be mindful of those in need, those living in poverty and homelessness, those affected by unemployment and business failure, those who feel aggrieved at injustice or who suffer from the thoughtlessness or malice of others, those who must make difficult decisions which they know will cause suffering to others, those who through frailty of body or mind must depend on others, and those who care for them. Let us give thanks for all of these people, and remember them specifically in our deliberations.
Let us keep in mind our calling – to be dedicated to the highest ideals of equity and justice, freedom and liberty; to be exemplars of the leadership skills which would make Michigan a model peace, of compassion, of sustainable living, and of shared prosperity.
Let us build trust by always seeking to live in right relations with ourselves, with others and with life. May commitment to the common good be strong within us and among us. May wisdom be our guide. May we be excellent stewards of the many gifts and resources of our state, as we conduct the business before us.”
______
The Speaker Pro Tempore assumed the Chair.
______
Rep. Segal moved that Rep. Jackson be excused from today’s session.
The motion prevailed.
Rep. Stamas moved that Rep. Damrow be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Shaughnessy, Horn, Glardon, Callton, Denby, Kowall, Cotter, Opsommer, Meadows, Shirkey, MacGregor, Jacobsen, Crawford, Price, Potvin, Bumstead, LaFontaine, Zorn, Hughes, Townsend, Greimel, Irwin, Roy Schmidt, Pscholka, Byrum, Haveman, Hobbs, Moss, Barnett, Bauer, Constan, Darany, LeBlanc, Liss and Talabi offered the following resolution:
House Resolution No. 218.
A resolution to memorialize Congress to fund the Facility for Rare Isotope Beams (FRIB) at Michigan State University to its full scheduled appropriation level.
Whereas, In the proposed budget for fiscal year 2013, the White House has presented its intention to fund the Facility for Rare Isotope Beams (FRIB) at Michigan State University at a level of $22 million. This amount is less than half of the agreed upon $55 million needed to maintain this critically important scientific project on its schedule for the completion of construction and the commencement of its service to our country’s scientific research efforts; and
Whereas, The FRIB project is an effort that reflects many years of preparation, planning, and coordination between Michigan State University and the Department of Energy. This highly complex undertaking involves not only the Department of Energy and Michigan State University, but also numerous contracted companies and scientists. The serious underfunding will undermine this effort and likely result in higher overall costs. With this project already pared down dramatically from its initial scope, a thoughtful reduction that decreased total costs by $500 million, it is shortsighted to lose some of these savings by lengthening the time required to complete the project; and
Whereas, Many people have remarked on the fact that the proposed federal budget includes funding for an international nuclear science project located in France. The U.S. Department of Energy is asking to appropriate $150 million to the ITER fusion project in Cadarache, France, for fiscal year 2013. This is nearly three times more than what is needed to maintain the FRIB. Clearly, American interests would be better served by fully funding the FRIB, a nuclear science project located within our shores, than by sending money to a project located overseas; and
Whereas, The FRIB is a major commitment that represents an effort by our country to maintain its long-held leadership in basic scientific research. The work that will take place at the completed FRIB could reap rewards in any number of vital fields, with possible applications in medicine, materials, security, the environment, and many others. The location of the FRIB at a major research university represents an investment in the education of the next generation of America’s nuclear scientists. Any steps taken to delay this endeavor through a reduction of funding could prove harmful to our nation’s long-term interests; now, therefore, be it
Resolved by the House of Representatives, That we memorialize Congress to fund the Facility for Rare Isotope Beams (FRIB) at Michigan State University to its full scheduled appropriation level; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Energy and Technology.
Reps. Bauer, Opsommer, Byrum, Meadows, Glardon, Shaughnessy, Horn, Smiley, Callton, Kowall, Ananich, Tlaib, Shirkey, Hammel, Slavens, Constan, Pscholka, Roy Schmidt, Lindberg, Bledsoe, Segal, Dillon, McCann, Kandrevas, Switalski, Hovey-Wright, Barnett, Brunner, Durhal, Townsend, Irwin, Gilbert, Rogers, Denby, Goike, Muxlow, LaFontaine, Santana, Jackson, Darany, LeBlanc, Liss and Talabi offered the following concurrent resolution:
House Concurrent Resolution No. 51.
A concurrent resolution to memorialize Congress to fund the Facility for Rare Isotope Beams (FRIB) at Michigan State University to its full scheduled appropriation level.
Whereas, In the proposed budget for fiscal year 2013, the White House has presented its intention to fund the Facility for Rare Isotope Beams (FRIB) at Michigan State University at a level of $22 million. This amount is less than half of the agreed upon $55 million needed to maintain this critically important scientific project on its schedule for the completion of construction and the commencement of its service to our country’s scientific research efforts; and
Whereas, The FRIB project is an effort that reflects many years of preparation, planning, and coordination between Michigan State University and the Department of Energy. This highly complex undertaking involves not only the Department of Energy and Michigan State University, but also numerous contracted companies and scientists. The serious underfunding will undermine this effort and likely result in higher overall costs. With this project already pared down dramatically from its initial scope, a thoughtful reduction that decreased total costs by $500 million, it is shortsighted to lose some of these savings by lengthening the time required to complete the project; and
Whereas, Many people have remarked on the fact that the proposed federal budget includes funding for an international nuclear science project located in France. The U.S. Department of Energy is asking to appropriate $150 million to the ITER fusion project in Cadarache, France, for fiscal year 2013. This is nearly three times more than what is needed to maintain the FRIB. Clearly, American interests would be better served by fully funding the FRIB, a nuclear science project located within our shores, than by sending money to a project located overseas; and
Whereas, The FRIB is a major commitment that represents an effort by our country to maintain its long-held leadership in basic scientific research. The work that will take place at the completed FRIB could reap rewards in any number of vital fields, with possible applications in medicine, materials, security, the environment, and many others. The location of the FRIB at a major research university represents an investment in the education of the next generation of America’s nuclear scientists. Any steps taken to delay this endeavor through a reduction of funding could prove harmful to our nation’s long-term interests; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize Congress to fund the Facility for Rare Isotope Beams (FRIB) at Michigan State University to its full scheduled appropriation level; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The concurrent resolution was referred to the Committee on Energy and Technology.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 4236.
(For first notice see House Journal No. 30, p. 452.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5348.
(For first notice see House Journal No. 30, p. 451.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 4461.
(For first notice see House Journal No. 30, p. 452.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5349.
(For first notice see House Journal No. 30, p. 451.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5350.
(For first notice see House Journal No. 30, p. 451.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5351.
(For first notice see House Journal No. 30, p. 451.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5352.
(For first notice see House Journal No. 30, p. 451.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5353.
(For first notice see House Journal No. 30, p. 451.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5354.
(For first notice see House Journal No. 30, p. 451.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5355.
(For first notice see House Journal No. 30, p. 451.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5356.
(For first notice see House Journal No. 30, p. 452.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5357.
(For first notice see House Journal No. 30, p. 452.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5358.
(For first notice see House Journal No. 30, p. 452.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5359.
(For first notice see House Journal No. 30, p. 452.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5360.
(For first notice see House Journal No. 30, p. 452.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5361.
(For first notice see House Journal No. 30, p. 452.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Roy Schmidt moved that the Committee on Redistricting and Elections be discharged from further consideration of House Joint Resolution NN.
(For first notice see House Journal No. 30, p. 452.)
The question being on the motion made by Rep. Roy Schmidt,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4647, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2164a.
(The bill was received from the Senate on March 15, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 20, see House Journal No. 28, p. 415.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 134 Yeas—108
Agema Gilbert LeBlanc Price
Ananich Glardon Lindberg Pscholka
Barnett Goike Lipton Rendon
Bauer Graves Liss Rogers
Bledsoe Greimel 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 Horn Meadows Smiley
Constan Hovey-Wright Moss Somerville
Cotter Howze Muxlow Stallworth
Crawford Hughes Nathan Stamas
Daley Huuki Nesbitt Stanley
Darany Irwin O’Brien Stapleton
Denby Jacobsen Oakes Switalski
Dillon Jenkins Olson Talabi
Durhal Johnson Olumba Tlaib
Farrington Kandrevas Opsommer Townsend
Forlini Knollenberg Ouimet Tyler
Foster Kowall Outman Walsh
Franz Kurtz Pettalia Womack
Geiss LaFontaine Poleski Yonker
Genetski Lane Potvin Zorn
Nays—0
In The Chair: Walsh
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 4691, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1307a (MCL 600.1307a), as amended by 2004 PA 12.
(The bill was received from the Senate on March 15, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 20, see House Journal No. 28, p. 415.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 135 Yeas—103
Agema Gilbert Lane Price
Ananich Glardon LeBlanc Pscholka
Barnett Goike Lindberg Rendon
Bauer Graves Lipton Rogers
Bledsoe Greimel Liss Rutledge
Bolger Haines Lori Santana
Brown Hammel Lund Schmidt, R.
Brunner Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McCann Slavens
Clemente Hooker McMillin Smiley
Constan Horn Meadows Somerville
Cotter Hovey-Wright Moss Stallworth
Crawford Howze Muxlow Stamas
Daley Hughes Nesbitt Stanley
Darany Huuki O’Brien Stapleton
Denby Irwin Oakes Switalski
Dillon Jacobsen Olson Talabi
Durhal Jenkins Olumba Tlaib
Farrington Johnson Opsommer Townsend
Forlini Kandrevas Ouimet Tyler
Foster Knollenberg Outman Walsh
Franz Kowall Pettalia Yonker
Geiss Kurtz Poleski Zorn
Genetski LaFontaine Potvin
Nays—5
Bumstead Nathan Shirkey Womack
McBroom
In The Chair: Walsh
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
Senate Bill No. 946, entitled
A bill to amend 1931 PA 189, entitled “The insect pest and plant disease act,” by amending sections 2, 4, 6, 9, 17, and 22 (MCL 286.202, 286.204, 286.206, 286.209, 286.217, and 286.222), sections 6 and 9 as amended by 2007 PA 84.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 136 Yeas—106
Ananich Glardon Lipton Pscholka
Barnett Graves Liss Rendon
Bauer Greimel Lori Rogers
Bledsoe Haines Lund Rutledge
Bolger Hammel Lyons Santana
Brown Haugh MacGregor Schmidt, R.
Brunner Haveman MacMaster Schmidt, W.
Bumstead Heise McBroom Segal
Byrum Hobbs McCann Shaughnessy
Callton Hooker McMillin Shirkey
Cavanagh Horn Meadows Slavens
Clemente Hovey-Wright Moss Smiley
Constan Howze Muxlow Somerville
Cotter Hughes Nathan Stallworth
Crawford Huuki Nesbitt Stamas
Daley Irwin O’Brien Stanley
Darany Jacobsen Oakes Stapleton
Denby Jenkins Olson Switalski
Dillon Johnson Olumba Talabi
Durhal Kandrevas Opsommer Tlaib
Farrington Knollenberg Ouimet Townsend
Forlini Kowall Outman Tyler
Foster Kurtz Pettalia Walsh
Franz LaFontaine Poleski Womack
Geiss Lane Potvin Yonker
Genetski LeBlanc Price Zorn
Gilbert Lindberg
Nays—2
Agema Goike
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 regulate the sale and distribution of nursery stock, plants, and plant products; to prevent the introduction into and the dissemination within this state of insect pests and plant diseases; to provide for the destruction and control of insect pests and plant diseases; to provide for the destruction or treatment of certain plants or plant products; to provide for the licensure and inspection of certain persons and activities under certain circumstances; to impose certain powers and duties on the director of agriculture; to create certain restricted funds for certain department activities and to allow allocation of those funds throughout the department; to provide for the promulgation of rules; to prescribe penalties and civil sanctions; and to provide remedies,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 35, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 719 and 721 (MCL 257.719 and 257.721), section 719 as amended by 2009 PA 37 and section 721 as amended by 2000 PA 154.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 137 Yeas—107
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lindberg Rendon
Barnett Goike Lipton Rogers
Bauer Graves Liss Rutledge
Bledsoe Greimel Lori Santana
Bolger Haines Lund Schmidt, R.
Brown Hammel Lyons Schmidt, W.
Brunner Haugh MacGregor Segal
Bumstead Haveman MacMaster Shaughnessy
Byrum Heise McCann Shirkey
Callton Hobbs McMillin Slavens
Cavanagh Hooker Meadows Smiley
Clemente Horn Moss Somerville
Constan Hovey-Wright Muxlow Stallworth
Cotter Howze Nathan Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Darany Irwin Oakes Switalski
Denby Jacobsen Olson Talabi
Dillon Jenkins Olumba Tlaib
Durhal Johnson Opsommer Townsend
Farrington Kandrevas Ouimet Tyler
Forlini Knollenberg Outman Walsh
Foster Kowall Pettalia Womack
Franz Kurtz Poleski Yonker
Geiss LaFontaine Potvin Zorn
Genetski Lane Price
Nays—1
McBroom
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5408, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 401k.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Haines moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5421, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3476.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Lori moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 874, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 501 (MCL 436.1501), as amended by 2006 PA 547.
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.
House Bill No. 5359, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 264a.
The bill was read a second time.
Rep. Lund moved to amend the bill as follows:
1. Amend page 2, following line 6, by inserting:
“(2) THE DEPARTMENT OR AN AGENCY EXERCISING DELEGATED PURCHASING AUTHORITY UNDER THIS ACT SHALL NOT AWARD A CONTRACT WITH A VALUE OF $100,000.00 OR MORE FOR CONSTRUCTION, GOODS, OR SERVICES TO A VENDOR IF THE VENDOR EMPLOYS ANYONE WHO IS A MEMBER OF A LABOR ORGANIZATION THAT MADE A CONTRIBUTION OR GIFT AS DESCRIBED IN SUBSECTION (1)(A) OR (B).” and renumbering the remaining subsections.
2. Amend page 2, following line 19, by inserting:
“(3) THE DEPARTMENT OR AN AGENCY EXERCISING DELEGATED PURCHASING AUTHORITY TO OBTAIN CONSTRUCTION, GOODS, OR SERVICES UNDER THIS ACT SHALL INCLUDE A PROVISION IN EACH CONTRACT IT AWARDS THAT REQUIRES THE CONTRACTOR TO SUPPLY CERTIFICATIONS FROM ALL LABOR ORGANIZATIONS THAT REPRESENT THE CONTRACTOR’S EMPLOYEES THAT CERTIFY THAT THE LABOR ORGANIZATION WILL NOT MAKE ANY CONTRIBUTION OR GIFT DURING THE TERM OF THE CONTRACT WITH A VALUE THAT EQUALS OR EXCEEDS THE AMOUNT INDICATED IN SUBSECTION (1) TO AN INDIVIDUAL HOLDING AN ELECTED OR APPOINTED OFFICE IN THE GOVERNMENT OF THIS STATE THAT IS EXCLUDED OR EXEMPT FROM THE CLASSIFIED STATE SERVICE. A LABOR ORGANIZATION THAT MAKES A GIFT OR CONTRIBUTION IN VIOLATION OF THE CERTIFICATION IS RESPONSIBLE FOR A CIVIL FINE OF NOT MORE THAN 3 TIMES THE AMOUNT OF THAT GIFT OR CONTRIBUTION. THE CIVIL FINE IS PAYABLE TO THE STATE TREASURER FOR DEPOSIT INTO THE GENERAL FUND.” and renumbering the remaining subsections.
3. Amend page 2, following line 24, by inserting:
“(4) FOR PURPOSES OF THIS SECTION, A POLITICAL CONTRIBUTION BY 10% OR MORE OF THE MEMBERS OF A LABOR ORGANIZATION THAT PROVIDES A CERTIFICATION UNDER SUBSECTION (4) OR BY AN IMMEDIATE FAMILY MEMBER OF A MEMBER OF A LABOR ORGANIZATION THAT PROVIDES A CERTIFICATION UNDER SUBSECTION (4) SHALL BE CONSIDERED TO BE A CONTRIBUTION BY THE LABOR ORGANIZATION FOR PURPOSES OF SUBSECTION (4).” and renumbering the remaining subsection.
The question being on the adoption of the amendments offered by Rep. Lund,
Rep. Lund demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Lund,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 138 Yeas—64
Agema Graves Lori Pettalia
Bolger Haines Lund Poleski
Bumstead Haveman Lyons Potvin
Callton Heise MacGregor Price
Cotter Hooker MacMaster Pscholka
Crawford Horn McBroom Rendon
Daley Hughes McMillin Rogers
Denby Huuki Moss Schmidt, W.
Farrington Jacobsen Muxlow Shaughnessy
Forlini Jenkins Nesbitt Shirkey
Foster Johnson O’Brien Somerville
Franz Knollenberg Oakes Stamas
Genetski Kowall Olson Tyler
Gilbert Kurtz Opsommer Walsh
Glardon LaFontaine Ouimet Yonker
Goike LeBlanc Outman Zorn
Nays—42
Ananich Durhal Lindberg Slavens
Barnett Geiss Lipton Smiley
Bauer Greimel Liss Stallworth
Bledsoe Hammel McCann Stanley
Brown Haugh Meadows Stapleton
Brunner Hobbs Nathan Switalski
Cavanagh Hovey-Wright Olumba Talabi
Clemente Howze Rutledge Tlaib
Constan Irwin Santana Townsend
Darany Kandrevas Segal Womack
Dillon Lane
In The Chair: Walsh
Rep. Stamas moved that consideration of the bill be postponed temporarily.
The motion prevailed.
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Appropriations,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Womack moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stamas moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 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.
Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 139 Yeas—101
Agema Gilbert Lipton Rendon
Ananich Glardon Liss Rogers
Barnett Goike Lori Rutledge
Bauer Graves Lund Santana
Bledsoe Greimel Lyons Schmidt, R.
Bolger Haines MacGregor Schmidt, W.
Brown Hammel MacMaster Segal
Brunner Haugh McBroom Shaughnessy
Bumstead Haveman McCann Shirkey
Byrum Heise Meadows Slavens
Callton Hobbs Moss Smiley
Cavanagh Horn Muxlow Somerville
Clemente Hovey-Wright Nathan Stallworth
Constan Howze O’Brien Stamas
Cotter Hughes Oakes Stanley
Crawford Huuki Olson Stapleton
Darany Irwin Olumba Switalski
Denby Jenkins Opsommer Talabi
Dillon Kandrevas Ouimet Tlaib
Durhal Kowall Outman Townsend
Farrington Kurtz Pettalia Tyler
Forlini LaFontaine Poleski Walsh
Foster Lane Potvin Womack
Franz LeBlanc Price Yonker
Geiss Lindberg Pscholka Zorn
Genetski
Nays—7
Daley Jacobsen Knollenberg Nesbitt
Hooker Johnson McMillin
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 authorize the state administrative board to transfer or convey a certain parcel of state-owned property of approximately 6 acres in Wayne county; to prescribe conditions for the transfer or conveyance; to create a state fairgrounds sale advisory committee; to provide for certain powers and duties of certain state departments and agencies in regard to the property; to provide for disposition of revenue derived from the conveyance of the property; and to provide for the disposal of fixtures and equipment on the property.
The motion prevailed.
The House agreed to the title as amended.
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Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, March 22:
House Bill Nos. 5502 5503 5504 5505 5506 5507 5508
The Clerk announced that the following Senate bills had been received on Thursday, March 22:
Senate Bill Nos. 821 1018
Reports of Standing Committees
The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported
House Bill No. 4097, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 5e (MCL 117.5e).
With the recommendation that the bill be referred to the Committee on Oversight, Reform, and Ethics.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ouimet, Pettalia, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Stapleton and Rutledge
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Oversight, Reform, and Ethics.
The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported
House Bill No. 5404, entitled
A bill to amend 1967 PA 288, entitled “Land division act,” by amending sections 109 and 182 (MCL 560.109 and 560.182), section 109 as amended by 1997 PA 87.
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. Ouimet, Pettalia, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan and Rutledge
Nays: None
The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported
House Bill No. 5423, entitled
A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending section 2 (MCL 28.602), as amended by 2004 PA 379.
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. Ouimet, Pettalia, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Stapleton and Rutledge
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ouimet, Chair, of the Committee on Local, Intergovernmental, and Regional Affairs, was received and read:
Meeting held on: Thursday, March 22, 2012
Present: Reps. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Stapleton and Rutledge
Absent: Reps. Townsend and Lane
Excused: Reps. Townsend and Lane
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
Senate Bill No. 528, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21301a, 21304a, 21304b, 21307, 21309a, 21310a, 21314a, 21315, 21316, 21316a, and 21320 (MCL 324.21301a, 324.21304a, 324.21304b, 324.21307, 324.21309a, 324.21310a, 324.21314a, 324.21315, 324.21316, 324.21316a, and 324.21320), sections 21301a, 21304a, 21309a, 21310a, and 21315 as amended and section 21304b as added by 1996 PA 116 and section 21307 as amended and sections 21314a and 21316a as added by 1995 PA 22, and by adding sections 21304c, 21323a, 21323b, 21323c, 21323d, 21323e, 21323f, 21323g, 21323h, 21323i, 21323j, 21323k, 21323l, 21323m, and 21325.
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. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia and Haugh
Nays: Rep. Stapleton
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
Senate Bill No. 529, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20114e (MCL 324.20114e), as added by 2010 PA 227, and by adding section 21332; 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. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia and Haugh
Nays: Rep. Stapleton
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
Senate Bill No. 530, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21308a, 21311a, and 21312a (MCL 324.21308a, 324.21311a, and 324.21312a), as amended by 1996 PA 116.
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. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia and Haugh
Nays: Rep. Stapleton
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
Senate Bill No. 531, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21302 and 21303 (MCL 324.21302 and 324.21303), section 21302 as amended by 1995 PA 22 and section 21303 as amended by 1996 PA 116.
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. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia and Haugh
Nays: Rep. Stapleton
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
Senate Bill No. 532, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21313a, 21319a, and 21323 (MCL 324.21313a, 324.21319a, and 324.21323), section 21313a as amended by 1996 PA 116 and section 21319a as added and section 21323 as amended by 1995 PA 22.
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. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia and Haugh
Nays: Rep. Stapleton
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
Senate Bill No. 533, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21326 and 21327 (MCL 324.21326 and 324.21327).
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. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia and Haugh
Nays: Rep. Stapleton
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Foster, Chair, of the Committee on Natural Resources, Tourism, and Outdoor Recreation, was received and read:
Meeting held on: Thursday, March 22, 2012
Present: Reps. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia, Haugh, Stapleton, Bledsoe and Slavens
Absent: Rep. Damrow
Excused: Rep. Damrow
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 5328, entitled
A bill to amend 1996 PA 305, entitled “Acknowledgment of parentage act,” by amending section 7 (MCL 722.1007), as amended by 2006 PA 105; and to repeal acts and parts of acts.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Horn, Muxlow, Jacobsen, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Irwin and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 5329, entitled
A bill to amend 1956 PA 205, entitled “The paternity act,” by amending section 10 (MCL 722.720), as amended by 2001 PA 109.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Horn, Muxlow, Jacobsen, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Irwin and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 29, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224a (MCL 750.224a), as amended by 2006 PA 457.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Horn, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Constan, Oakes, Brown and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 30, 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 the title and sections 5f, 5k, and 5o (MCL 28.425f, 28.425k, and 28.425o), the title as amended and section 5k as added by 2000 PA 381, section 5f as amended by 2008 PA 194, and section 5o as amended by 2008 PA 407.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Horn, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Constan, Oakes, Brown and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 64, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5714 (MCL 600.5714), as amended by 2004 PA 105.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Horn, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Irwin and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 65, entitled
A bill to amend 1846 RS 66, entitled “Of estates in dower, by the curtesy, and general provisions concerning real estate,” by amending section 34 (MCL 554.134), as amended by 2004 PA 106.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Horn, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Irwin and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 93, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 11b and 16m of chapter XVII (MCL 777.11b and 777.16m), section 11b as amended by 2008 PA 538 and section 16m as amended by 2005 PA 106.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Horn, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Constan, Oakes, Brown and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 393, entitled
A bill to amend 2006 PA 88, entitled “Inmate reimbursement to municipalities act,” by amending section 2 (MCL 801.312).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Horn, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown and Cavanagh
Nays: Rep. Irwin
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 557, entitled
A bill to provide procedures to determine the paternity of children in certain circumstances; to allow acknowledgments, determinations, and judgments relating to paternity to be set aside in certain circumstances; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide remedies.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Horn, Muxlow, Jacobsen, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Irwin and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 560, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 2114 (MCL 700.2114), as amended by 2004 PA 314.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Horn, Muxlow, Jacobsen, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Irwin and Cavanagh
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Walsh, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Thursday, March 22, 2012
Present: Reps. Walsh, Heise, Horn, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh
Absent: Reps. Damrow and Olumba
Excused: Reps. Damrow and Olumba
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Haines, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Thursday, March 22, 2012
Present: Reps. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Graves, Liss, Stallworth, Darany, Segal, Womack, Hovey-Wright and Greimel
Messages from the Senate
House Bill No. 5332, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 680 and 691 (MCL 206.680 and 206.691), as added 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.
House Bill No. 4689, entitled
A bill to authorize the state administrative board to convey certain parcels of state-owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments and local units of government in regard to the property; and to provide for disposition of revenue derived from the conveyance.
The Senate has amended the bill as follows:
1. Amend page 3, line 12, by striking out all of subdivision (d) and relettering the remaining subdivisions.
2. Amend page 4, line 11, after “or” by striking out “(5)(f)” and inserting “(5)(e)”.
3. Amend page 5, line 6, by striking out “(5)(f)” and inserting “(5)(e)”.
4. Amend page 5, line 8, after “or” by striking out “(5)(f)” and inserting “(5)(e)”.
5. Amend page 5, line 17, after “or” by striking out “(5)(f)” and inserting “(5)(e)”.
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 821, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301, 2035, 44501, 44516, 44518, 44520, 44520a, and 44524 (MCL 324.1301, 324.2035, 324.44501, 324.44516, 324.44518, 324.44520, 324.44520a, and 324.44524), section 1301 as amended by 2011 PA 218, section 2035 as added and sections 44501 and 44518 as amended by 2004 PA 587, sections 44516, 44520, and 44524 as added by 1995 PA 57, and section 44520a as added by 2006 PA 183, and by adding section 44522a; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1018, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 1 and 14 (MCL 423.201 and 423.214), section 1 as amended by 2012 PA 45.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Senate Concurrent Resolution No. 28.
A concurrent resolution to memorialize Congress to fund the Facility for Rare Isotope Beams (FRIB) at Michigan State University to its full scheduled appropriation level.
Whereas, In the proposed budget for fiscal year 2013, the White House has presented its intention to fund the Facility for Rare Isotope Beams (FRIB) at Michigan State University at a level of $22 million. This amount is less than half of the agreed-upon $55 million needed to maintain this critically important scientific project on its schedule for the completion of construction and the commencement of its service to our country’s scientific research efforts; and
Whereas, The FRIB project is an effort that reflects many years of preparation, planning, and coordination between Michigan State University and the Department of Energy. This highly complex undertaking involves not only the Department of Energy and Michigan State University, but also numerous contracted companies and scientists. The serious underfunding will undermine this effort and likely result in higher overall costs. With this project already pared down dramatically from its initial scope, a thoughtful reduction that decreased total costs by $500 million, it is shortsighted to lose some of these savings by lengthening the time required to complete the project; and
Whereas, Many people have remarked on the fact that the proposed federal budget includes funding for an international nuclear science project located in France. The U.S. Department of Energy is asking to appropriate $150 million to the ITER fusion project in Cadarache, France, for fiscal year 2013. This is nearly three times more than what is needed to maintain the FRIB. Clearly, American interests would be better served by fully funding the FRIB, a nuclear science project located within our shores, than by sending money to a project located overseas; and
Whereas, The FRIB is a major commitment that represents an effort by our country to maintain its long-held leadership in basic scientific research. The work that will take place at the completed FRIB could reap rewards in any number of vital fields, with possible applications in medicine, materials, security, the environment, and many others. The location of the FRIB at a major research university represents an investment in the education of the next generation of America’s nuclear scientists. Any steps taken to delay this endeavor through a reduction of funding could prove harmful to our nation’s long-term interests; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we memorialize Congress to fund the Facility for Rare Isotope Beams (FRIB) at Michigan State University to its full scheduled appropriation level; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The Senate has adopted the concurrent resolution.
Reps. Barnett, Bauer, Constan, Darany, LeBlanc, Liss and Talabi were named co-sponsors of the concurrent resolution.
The concurrent resolution was referred to the Committee on Energy and Technology.
Messages from the Governor
Date: March 21, 2012
Time: 3:29 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4978 (Public Act No. 55, I.E.), being
An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 307 and 811k (MCL 257.307 and 257.811k), section 307 as amended by 2012 PA 26 and section 811k as amended by 2006 PA 298, and by adding section 811s; and to repeal acts and parts of acts.
(Filed with the Secretary of State March 21, 2012, at 4:06 p.m.)
Introduction of Bills
Rep. Foster introduced
House Bill No. 5509, 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 12a (MCL 28.432a), as amended by 2006 PA 559.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Glardon introduced
House Bill No. 5510, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7ll.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Announcements by the Clerk
The Clerk received the following dissent from Reps. Lindberg, Slavens, Tlaib and Haugh:
Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to HB 4435, HB5287, HB5288, and HB5289. I did not, have not, and do not support the granting of immediate effect to HB4435, HB5287, HB5288, HB5289.
The Clerk received the following dissent from Rep. Tlaib:
Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to House Bill 4289. I did not, have not, and do not support the granting of immediate effect to House Bill 4289.
______
Rep. Rutledge moved that the House adjourn.
The motion prevailed, the time being 2:10 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, March 27, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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