No. 59
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2012
House Chamber, Lansing, Thursday, June 7, 2012.
12:00 Noon.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Gilbert—present LeBlanc—present Price—present
Ananich—present Glardon—present Lindberg—excused Pscholka—present
Barnett—present Goike—present Lipton—present Rendon—present
Bauer—present Graves—present Liss—present Rogers—present
Bledsoe—present Greimel—present Lori—present Rutledge—present
Bolger—present Haines—present Lund—present Santana—present
Brown—present Hammel—present Lyons—present Schmidt, R.—present
Brunner—present Haugh—present MacGregor—present Schmidt, W.—present
Bumstead—present Haveman—present MacMaster—present Segal—present
Byrum—present Heise—present McBroom—present Shaughnessy—present
Callton—present Hobbs—present McCann—present Shirkey—present
Cavanagh—present Hooker—present McMillin—present Slavens—present
Clemente—present Horn—present Meadows—present Smiley—present
Constan—present Hovey-Wright—present Moss—present Somerville—present
Cotter—present Howze—present Muxlow—present Stallworth—present
Crawford—present Hughes—present Nathan—present Stamas—present
Daley—present Huuki—present Nesbitt—present Stanley—present
Damrow—present Irwin—present O’Brien—present Stapleton—present
Darany—present Jackson—e/d/s Oakes—present Switalski—present
Denby—present Jacobsen—present Olson—present Talabi—present
Dillon—present Jenkins—present Olumba—e/d/s 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. Kenneth L. Kurtz, from the 58th District, offered the following invocation:
“Eternal God and Heavenly Father, it is with humility that we walk into this chamber today. We are honored to serve; we are honored to be associated with such a fine group of people who care, so very deeply, about the affairs of this state. We will humble ourselves, at this time, and ask for wisdom, and courage, understanding, patience and all those virtues that we would want ourselves to be. In Jesus name, I pray, Amen.”
______
Rep. Segal moved that Rep. Lindberg be excused from today’s session.
The motion prevailed.
Messages from the Senate
Senate Bill No. 1085, entitled
A bill to amend 2011 PA 98, entitled “Fair and open competition in governmental construction act,” by amending the title and sections 5, 7, 9, and 13 (MCL 408.875, 408.877, 408.879, and 408.883) and by adding sections 2 and 8.
(The bill was passed on May 31, see House Journal No. 55, p. 1252; returned from the Senate per House request on June 6, see House Journal No. 58, p. 1688.)
Rep. Stamas moved that Rule 63 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Stamas moved to reconsider the vote by which the House passed the bill.
The motion prevailed, a majority of the members serving voting therefor.
Third Reading of Bills
Senate Bill No. 1085, entitled
A bill to amend 2011 PA 98, entitled “Fair and open competition in governmental construction act,” by amending the title and sections 5, 7, 9, and 13 (MCL 408.875, 408.877, 408.879, and 408.883) and by adding sections 2 and 8.
The question being on the passage of the bill,
Rep. Haveman moved to amend the bill as follows:
1. Amend page 2, line 21, after “CONTRACT” by striking out “AFTER JULY 19, 2011” and inserting “ON OR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SECTION 2”.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 370 Yeas—63
Agema Goike Lori Poleski
Bolger Graves Lund Potvin
Bumstead Haines Lyons Price
Callton Haveman MacGregor Pscholka
Cotter Heise MacMaster Rendon
Crawford Hooker McBroom Rogers
Daley Horn McMillin Schmidt, W.
Damrow Hughes Moss Shaughnessy
Denby Huuki Muxlow Shirkey
Farrington Jacobsen Nesbitt Somerville
Forlini Jenkins O’Brien Stamas
Foster Johnson Olson Tyler
Franz Knollenberg Opsommer Walsh
Genetski Kowall Ouimet Yonker
Gilbert Kurtz Outman Zorn
Glardon LaFontaine Pettalia
Nays—44
Ananich Dillon Lane Segal
Barnett Durhal LeBlanc Slavens
Bauer Geiss Lipton Smiley
Bledsoe Greimel Liss Stallworth
Brown Hammel McCann Stanley
Brunner Haugh Meadows Stapleton
Byrum Hobbs Nathan Switalski
Cavanagh Hovey-Wright Oakes Talabi
Clemente Howze Rutledge Tlaib
Constan Irwin Santana Townsend
Darany Kandrevas Schmidt, R. Womack
In The Chair: Walsh
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Opsommer to the Chair.
______
Rep. Jackson entered the House Chambers.
House Bill No. 5688, entitled
A bill to provide for the creation of certain lighting authorities for the purpose of operating lighting systems; to provide for the powers and duties of the authorities; to provide for the conveyance of operational jurisdiction over certain operations to authorities; to provide for the assumption of certain contracts, bonds, notes, and other evidences of indebtedness and liabilities related to the provision of lighting authorities; to authorize expenditures from certain funds; to finance the acquisition of property and the development of certain public improvements or related facilities; to provide for the issuance of bonds and notes; to authorize certain investments; and to impose certain powers and duties upon state and local departments, agencies, and officers.
(The bill was read a third time and postponed for the day on June 6, see House Journal No. 58, p. 1677.)
The question being on the passage of the bill,
Rep. Stamas moved that consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4593, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 21A.
(The bill was received from the Senate on May 3, with substitute (S-1) and title amendment, consideration of which, under the rules, was postponed until May 8, see House Journal No. 43, p. 779.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Opsommer moved to amend the Senate substitute (S-1) as follows:
1. Amend page 2, line 2, by striking out all of enacting section 1 and renumbering the remaining enacting section.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 371 Yeas—103
Agema Genetski Kurtz Pscholka
Ananich Gilbert LaFontaine Rendon
Barnett Glardon Lane Rogers
Bauer Goike LeBlanc Rutledge
Bledsoe Graves Lipton Santana
Bolger Greimel Liss Schmidt, R.
Brunner Haines Lori Schmidt, W.
Bumstead Hammel Lund Segal
Byrum Haugh Lyons Shaughnessy
Callton Haveman MacGregor Shirkey
Cavanagh Heise MacMaster Slavens
Clemente Hobbs McBroom Smiley
Constan Hooker McCann Somerville
Cotter Horn Moss Stallworth
Crawford Hovey-Wright Muxlow Stamas
Daley Howze Nesbitt Stanley
Damrow Hughes O’Brien Switalski
Darany Huuki Oakes Talabi
Denby Irwin Olson Tlaib
Dillon Jackson Opsommer Townsend
Durhal Jacobsen Ouimet Tyler
Farrington Jenkins Outman Walsh
Forlini Johnson Pettalia Womack
Foster Kandrevas Poleski Yonker
Franz Knollenberg Potvin Zorn
Geiss Kowall Price
Nays—5
Brown Meadows Nathan Stapleton
McMillin
In The Chair: Opsommer
The House agreed to the title as amended.
The Speaker laid before the House
House Bill No. 4594, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding sections 2153 and 2156.
(The bill was received from the Senate on May 3, with substitute (S-1) and full title inserted, consideration of which, under the rules, was postponed until May 8, see House Journal No. 43, p. 780.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Opsommer moved to amend the Senate substitute (S-1) as follows:
1. Amend page 3, line 20, after “AFTER” by striking out “JANUARY 1, 2012” and inserting “THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 372 Yeas—98
Agema Glardon Lane Price
Bauer Goike LeBlanc Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brunner Haines Lori Rutledge
Bumstead Hammel Lund Santana
Byrum Haugh Lyons Schmidt, R.
Callton Haveman MacGregor Schmidt, W.
Clemente Heise MacMaster Segal
Constan Hobbs McBroom Shaughnessy
Cotter Hooker McCann Shirkey
Crawford Horn Meadows Slavens
Daley Hovey-Wright Moss Smiley
Damrow Howze Muxlow Somerville
Darany Hughes Nesbitt Stallworth
Denby Huuki O’Brien Stamas
Dillon Irwin Oakes Stanley
Durhal Jacobsen Olson Switalski
Farrington Jenkins Opsommer Townsend
Forlini Johnson Ouimet Tyler
Foster Kandrevas Outman Walsh
Franz Knollenberg Pettalia Womack
Geiss Kowall Poleski Yonker
Genetski Kurtz Potvin Zorn
Gilbert LaFontaine
Nays—10
Ananich Cavanagh Nathan Talabi
Barnett Jackson Stapleton Tlaib
Brown McMillin
In The Chair: Opsommer
The House agreed to the full title.
Third Reading of Bills
House Bill No. 5548, entitled
A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending sections 50b and 79 (MCL 38.1050b and 38.1079), section 50b as amended by 1998 PA 501 and section 79 as amended by 2011 PA 200.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 373 Yeas—100
Agema Geiss Kurtz Pettalia
Ananich Genetski LaFontaine Poleski
Barnett Gilbert Lane Potvin
Bauer Glardon LeBlanc Price
Bledsoe Goike Lipton Pscholka
Bolger Graves Liss Rendon
Brown Greimel Lori Rogers
Brunner Haines Lund Schmidt, R.
Bumstead Hammel Lyons Schmidt, W.
Byrum Haugh MacGregor Segal
Callton Haveman MacMaster Shaughnessy
Cavanagh Heise McBroom Shirkey
Clemente Hobbs McCann Slavens
Constan Hooker McMillin Smiley
Cotter Horn Meadows Somerville
Crawford Hovey-Wright Moss Stamas
Daley Hughes Muxlow Stanley
Damrow Huuki Nathan Stapleton
Darany Irwin Nesbitt Switalski
Denby Jacobsen O’Brien Tlaib
Dillon Jenkins Oakes Townsend
Farrington Johnson Olson Tyler
Forlini Kandrevas Opsommer Walsh
Foster Knollenberg Ouimet Yonker
Franz Kowall Outman Zorn
Nays—8
Durhal Jackson Santana Talabi
Howze Rutledge Stallworth Womack
In The Chair: Opsommer
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. 4862, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100b, 206, and 208 (MCL 330.1100b, 330.1206, and 330.1208), section 100b as amended by 2004 PA 499 and sections 206 and 208 as amended by 1995 PA 290; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 374 Yeas—72
Agema Genetski Liss Price
Ananich Gilbert Lori Pscholka
Bauer Glardon Lund Rendon
Bolger Goike Lyons Rogers
Brunner Graves MacGregor Schmidt, R.
Bumstead Greimel MacMaster Schmidt, W.
Byrum Haugh McCann Shaughnessy
Cavanagh Haveman Meadows Shirkey
Cotter Hooker Muxlow Somerville
Daley Horn Nesbitt Stallworth
Damrow Howze O’Brien Stamas
Denby Hughes Olson Stanley
Dillon Jackson Opsommer Switalski
Durhal Jenkins Ouimet Talabi
Farrington Johnson Outman Tyler
Forlini Kurtz Pettalia Walsh
Foster LaFontaine Poleski Womack
Franz Lane Potvin Yonker
Nays—36
Barnett Haines Knollenberg Rutledge
Bledsoe Hammel Kowall Santana
Brown Heise LeBlanc Segal
Callton Hobbs Lipton Slavens
Clemente Hovey-Wright McBroom Smiley
Constan Huuki McMillin Stapleton
Crawford Irwin Moss Tlaib
Darany Jacobsen Nathan Townsend
Geiss Kandrevas Oakes Zorn
In The Chair: Opsommer
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100a, 100b, 100c, 100d, 161, 208, and 210 (MCL 330.1100a, 330.1100b, 330.1100c, 330.1100d, 330.1161, 330.1208, and 330.1210), sections 100a, 100b, and 161 as amended by 2004 PA 499, section 100c as amended by 2002 PA 589, and section 100d as added and sections 208 and 210 as amended by 1995 PA 290, and by adding chapter 2A; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4863, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7408a, 16106a, 16221, and 18214 (MCL 333.7408a, 333.16106a, 333.16221, and 333.18214), section 7408a as amended by 1999 PA 144, section 16106a as added by 1993 PA 80, and section 16221 as amended by 2004 PA 214.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 375 Yeas—71
Agema Genetski Liss Price
Ananich Gilbert Lori Pscholka
Bauer Glardon Lund Rendon
Bolger Goike Lyons Rogers
Brunner Graves MacGregor Schmidt, R.
Bumstead Greimel MacMaster Schmidt, W.
Byrum Haugh McCann Shaughnessy
Cavanagh Haveman Meadows Shirkey
Cotter Hooker Muxlow Somerville
Daley Horn Nesbitt Stallworth
Damrow Howze O’Brien Stamas
Denby Hughes Olson Stanley
Dillon Jackson Opsommer Switalski
Durhal Jenkins Ouimet Talabi
Farrington Johnson Outman Tyler
Forlini Kurtz Pettalia Walsh
Foster LaFontaine Poleski Yonker
Franz Lane Potvin
Nays—37
Barnett Hammel Kowall Santana
Bledsoe Heise LeBlanc Segal
Brown Hobbs Lipton Slavens
Callton Hovey-Wright McBroom Smiley
Clemente Huuki McMillin Stapleton
Constan Irwin Moss Tlaib
Crawford Jacobsen Nathan Townsend
Darany Kandrevas Oakes Womack
Geiss Knollenberg Rutledge Zorn
Haines
In The Chair: Opsommer
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 6233, 6235, 6236, 6237, 6238, 6241, 6243, 6251, 7408a, 16106a, and 16221 (MCL 333.6233, 333.6235, 333.6236, 333.6237, 333.6238, 333.6241, 333.6243, 333.6251, 333.7408a, 333.16106a, and 333.16221), section 7408a as amended by 1999 PA 144, section 16106a as added by 1993 PA 80, and section 16221 as amended by 2011 PA 222, and by adding sections 6230, 6234, and 6249.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 351, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2010 PA 160.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 376 Yeas—71
Agema Glardon Lane Poleski
Ananich Goike Liss Potvin
Bolger Graves Lori Price
Bumstead Greimel Lund Pscholka
Callton Haines Lyons Rendon
Cotter Haveman MacGregor Rogers
Crawford Heise MacMaster Schmidt, R.
Daley Hooker McBroom Schmidt, W.
Damrow Horn McMillin Shaughnessy
Denby Hughes Moss Shirkey
Dillon Huuki Muxlow Smiley
Durhal Jacobsen Nesbitt Somerville
Farrington Jenkins O’Brien Stamas
Forlini Johnson Olson Tyler
Foster Knollenberg Opsommer Walsh
Franz Kowall Ouimet Yonker
Genetski Kurtz Outman Zorn
Gilbert LaFontaine Pettalia
Nays—37
Barnett Geiss LeBlanc Slavens
Bauer Hammel Lipton Stallworth
Bledsoe Haugh McCann Stanley
Brown Hobbs Meadows Stapleton
Brunner Hovey-Wright Nathan Switalski
Byrum Howze Oakes Talabi
Cavanagh Irwin Rutledge Tlaib
Clemente Jackson Santana Townsend
Constan Kandrevas Segal Womack
Darany
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5466, entitled
A bill to amend 1966 PA 165, entitled “An act to invalidate certain requirements for indemnity in the construction industry,” by amending the title and section 1 (MCL 691.991) and by adding sections 2, 3, and 4.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 377 Yeas—87
Agema Gilbert Liss Price
Ananich Glardon Lori Pscholka
Bauer Goike Lund Rendon
Bledsoe Graves Lyons Rogers
Bolger Haines MacGregor Rutledge
Bumstead Hammel MacMaster Schmidt, R.
Callton Haugh McBroom Schmidt, W.
Cavanagh Haveman McCann Segal
Clemente Heise McMillin Shaughnessy
Constan Hooker Moss Shirkey
Cotter Horn Muxlow Slavens
Crawford Hughes Nathan Somerville
Daley Huuki Nesbitt Stamas
Damrow Jacobsen O’Brien Stanley
Darany Jenkins Oakes Switalski
Denby Johnson Olson Townsend
Dillon Knollenberg Opsommer Tyler
Farrington Kowall Ouimet Walsh
Forlini Kurtz Outman Womack
Foster LaFontaine Pettalia Yonker
Franz Lane Poleski Zorn
Genetski LeBlanc Potvin
Nays—21
Barnett Greimel Jackson Smiley
Brown Hobbs Kandrevas Stallworth
Brunner Hovey-Wright Lipton Stapleton
Byrum Howze Meadows Talabi
Durhal Irwin Santana Tlaib
Geiss
In The Chair: Opsommer
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1966 PA 165, entitled “An act to invalidate certain requirements for indemnity in the construction industry,” by amending section 1 (MCL 691.991).
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5267, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6 and 101 (MCL 388.1606 and 388.1701), section 6 as amended by 2011 PA 62 and section 101 as amended by 2010 PA 110, and by adding section 23a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 378 Yeas—108
Agema Genetski LaFontaine Price
Ananich Gilbert Lane Pscholka
Barnett Glardon LeBlanc Rendon
Bauer Goike Lipton Rogers
Bledsoe Graves Liss Rutledge
Bolger Greimel Lori Santana
Brown Haines Lund Schmidt, R.
Brunner Hammel Lyons Schmidt, W.
Bumstead Haugh MacGregor Segal
Byrum Haveman MacMaster Shaughnessy
Callton Heise McBroom Shirkey
Cavanagh Hobbs McCann Slavens
Clemente Hooker McMillin Smiley
Constan Horn Meadows Somerville
Cotter Hovey-Wright Moss Stallworth
Crawford Howze Muxlow Stamas
Daley Hughes Nathan Stanley
Damrow Huuki Nesbitt Stapleton
Darany Irwin O’Brien Switalski
Denby Jackson Oakes Talabi
Dillon Jacobsen Olson Tlaib
Durhal Jenkins Opsommer Townsend
Farrington Johnson Ouimet Tyler
Forlini Kandrevas Outman Walsh
Foster Knollenberg Pettalia Womack
Franz Kowall Poleski Yonker
Geiss Kurtz Potvin Zorn
Nays—0
In The Chair: Opsommer
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6 and 101 (MCL 388.1606 and 388.1701), section 6 as amended by 2012 PA 29 and section 101 as amended by 2010 PA 110, and by adding section 23a.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5301, entitled
A bill to amend 1966 PA 293, entitled “An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies,” (MCL 45.501 to 45.521) by adding section 14a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 379 Yeas—64
Agema Graves Lyons Potvin
Bolger Haines MacGregor Price
Bumstead Haveman MacMaster Pscholka
Callton Heise McBroom Rendon
Cotter Hooker McMillin Rogers
Crawford Horn Moss Schmidt, R.
Daley Hughes Muxlow Schmidt, W.
Damrow Huuki Nathan Shaughnessy
Denby Jacobsen Nesbitt Shirkey
Farrington Jenkins O’Brien Somerville
Forlini Johnson Olson Stamas
Foster Knollenberg Opsommer Tyler
Franz Kowall Ouimet Walsh
Genetski Kurtz Outman Womack
Gilbert Lori Pettalia Yonker
Glardon Lund Poleski Zorn
Nays—44
Ananich Dillon Jackson Santana
Barnett Durhal Kandrevas Segal
Bauer Geiss LaFontaine Slavens
Bledsoe Goike Lane Smiley
Brown Greimel LeBlanc Stallworth
Brunner Hammel Lipton Stanley
Byrum Haugh Liss Stapleton
Cavanagh Hobbs McCann Switalski
Clemente Hovey-Wright Meadows Talabi
Constan Howze Oakes Tlaib
Darany Irwin Rutledge Townsend
In The Chair: Opsommer
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. 5302, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 18j.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 380 Yeas—63
Agema Glardon Lund Potvin
Bolger Graves Lyons Price
Bumstead Haines MacGregor Pscholka
Callton Haveman MacMaster Rendon
Cotter Heise McBroom Rogers
Crawford Hooker McMillin Schmidt, R.
Daley Horn Moss Schmidt, W.
Damrow Hughes Muxlow Shaughnessy
Denby Huuki Nesbitt Shirkey
Durhal Jacobsen O’Brien Somerville
Farrington Jenkins Olson Stamas
Forlini Johnson Opsommer Tyler
Foster Knollenberg Ouimet Walsh
Franz Kowall Outman Yonker
Genetski Kurtz Pettalia Zorn
Gilbert Lori Poleski
Nays—45
Ananich Geiss LaFontaine Segal
Barnett Goike Lane Slavens
Bauer Greimel LeBlanc Smiley
Bledsoe Hammel Lipton Stallworth
Brown Haugh Liss Stanley
Brunner Hobbs McCann Stapleton
Byrum Hovey-Wright Meadows Switalski
Cavanagh Howze Nathan Talabi
Clemente Irwin Oakes Tlaib
Constan Jackson Rutledge Townsend
Darany Kandrevas Santana Womack
Dillon
In The Chair: Opsommer
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. 5313, entitled
A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” (MCL 45.551 to 45.573) by adding section 4a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 381 Yeas—64
Agema Graves Lyons Potvin
Bolger Haines MacGregor Price
Bumstead Haveman MacMaster Pscholka
Callton Heise McBroom Rendon
Cotter Hooker McMillin Rogers
Crawford Horn Moss Schmidt, R.
Daley Hughes Muxlow Schmidt, W.
Damrow Huuki Nathan Shaughnessy
Denby Jacobsen Nesbitt Shirkey
Farrington Jenkins O’Brien Somerville
Forlini Johnson Olson Stamas
Foster Knollenberg Opsommer Tyler
Franz Kowall Ouimet Walsh
Genetski Kurtz Outman Womack
Gilbert Lori Pettalia Yonker
Glardon Lund Poleski Zorn
Nays—44
Ananich Dillon Jackson Santana
Barnett Durhal Kandrevas Segal
Bauer Geiss LaFontaine Slavens
Bledsoe Goike Lane Smiley
Brown Greimel LeBlanc Stallworth
Brunner Hammel Lipton Stanley
Byrum Haugh Liss Stapleton
Cavanagh Hobbs McCann Switalski
Clemente Hovey-Wright Meadows Talabi
Constan Howze Oakes Tlaib
Darany Irwin Rutledge Townsend
In The Chair: Opsommer
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. 5541, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects and for certain state departments and agencies for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. McMillin moved to amend the bill as follows:
1. Amend page 13, following line 6, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4694 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Foster moved to amend the bill as follows:
1. Amend page 13, following line 6, by inserting:
“It is the intent of the legislature that a university that received planning authorization under 2010 PA 329, section 103, has until December 21, 2013 to request construction authorization pursuant to capital outlay provisions set forth in the management and budget act, 1984 PA 431, that existed on December 21, 2010.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Kowall 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. 5541, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects and for certain state departments and agencies for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 382 Yeas—85
Ananich Genetski Kurtz Price
Barnett Gilbert LeBlanc Rendon
Bauer Glardon Lipton Rogers
Bledsoe Graves Lori Rutledge
Bolger Greimel Lyons Santana
Brown Hammel MacGregor Schmidt, R.
Brunner Haveman MacMaster Schmidt, W.
Byrum Heise McBroom Segal
Callton Hobbs McCann Shaughnessy
Cavanagh Horn Meadows Slavens
Clemente Hovey-Wright Moss Smiley
Constan Howze Nathan Stallworth
Cotter Hughes O’Brien Stamas
Crawford Huuki Oakes Stanley
Daley Irwin Olson Stapleton
Damrow Jackson Opsommer Talabi
Darany Jacobsen Ouimet Tlaib
Denby Jenkins Outman Townsend
Dillon Johnson Pettalia Walsh
Durhal Kandrevas Poleski Womack
Foster Kowall Potvin Zorn
Franz
Nays—23
Agema Haines Liss Shirkey
Bumstead Haugh Lund Somerville
Farrington Hooker McMillin Switalski
Forlini Knollenberg Muxlow Tyler
Geiss LaFontaine Nesbitt Yonker
Goike Lane Pscholka
In The Chair: Opsommer
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 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 motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Associate Speaker Pro Tempore Opsommer called Associate Speaker Pro Tempore O’Brien to the Chair.
Second Reading of Bills
Senate Bill No. 582, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2009 PA 37.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Potvin moved to amend the bill as follows:
1. Amend page 2, line 11, by striking out “Stinger-steered combinations:” and inserting “A TRUCK OR SEMITRAILER USED TO TRANSPORT RECREATIONAL BOATS FROM THE MANUFACTURER, OR A STINGER-STEERED COMBINATION:”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 897, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 48703 (MCL 324.48703), as amended by 2008 PA 291.
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. 5223, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57v.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families, Children, and Seniors,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. McMillin moved to amend the bill as follows:
1. Amend page 4, following line 4, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5527 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Talabi moved to amend the bill as follows:
1. Amend page 2, line 14, after “SECTION” by striking out the balance of the line through “FOLLOWING:” on line 15 and inserting “ACCORDING TO A PROTOCOL THAT INCLUDES THE FOLLOWING STEPS:”.
2. Amend page 2, line 20, by striking out the balance of the subsection and inserting:
“(B) IF THE DEPARTMENT EMPLOYEE ADMINISTERING THE SUBSTANCE ABUSE SURVEY HAS REASONABLE SUSPICION OF SUBSTANCE ABUSE BY THE APPLICANT OR RECIPIENT, A SUBSTANCE ABUSE PROFESSIONAL SHALL SCREEN THE APPLICANT OR RECIPIENT FOR SUSPICION OF SUBSTANCE ABUSE USING AN EMPIRICALLY VALIDATED SUBSTANCE ABUSE SCREENING TOOL IN A 1-ON-1 CONTACT.
(C) THE SUBSTANCE ABUSE PROFESSIONAL DESCRIBED IN SUBDIVISION (B) SHALL GATHER ADDITIONAL INFORMATION ABOUT THE APPLICANT OR APPLICANT, INCLUDING INFORMATION GATHERED FROM A DRUG-SCREENING TEST.
(D) THE SUBSTANCE ABUSE PROFESSIONAL SHALL DETERMINE THE LEVEL OF TREATMENT NEEDED AND MAKE THE APPROPRIATE REFERRAL FOR THE APPLICANT OR RECIPIENT.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Durhal moved to amend the bill as follows:
1. Amend page 3, line 2, by striking out the balance of the line through “(8)” on line 9 and inserting:
“(7) IF A SUBSTANCE ABUSE TEST IS REQUIRED UNDER SUBSECTION (6), 1 OF THE FOLLOWING APPLIES:
(A) IF THE APPLICANT OR RECIPIENT REFUSES TO TAKE A SUBSTANCE ABUSE TEST AFTER REASONABLE SUSPICION HAS BEEN ESTABLISHED, HE OR SHE IS INELIGIBLE FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE BUT MAY REAPPLY AFTER 6 MONTHS. THE APPLICANT OR RECIPIENT MUST TEST NEGATIVE FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE IN ORDER TO RECEIVE FAMILY INDEPENDENCE PROGRAM ASSISTANCE.
(B) IF THE APPLICANT OR RECIPIENT TESTS POSITIVE FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE AFTER REASONABLE SUSPICION HAS BEEN ESTABLISHED, HE OR SHE MUST PARTICIPATE IN SUBSTANCE ABUSE TREATMENT AT A LEVEL RECOMMENDED BY THE DEPARTMENT. IF THE APPLICANT OR RECIPIENT PARTICIPATES IN SUBSTANCE ABUSE TREATMENT AT THE LEVEL RECOMMENDED BY THE DEPARTMENT, HE OR SHE SHALL CONTINUE TO BE ELIGIBLE FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE. IF HE OR SHE DOES NOT PARTICIPATE IN SUBSTANCE ABUSE TREATMENT AT THE LEVEL RECOMMENDED BY THE DEPARTMENT, HE OR SHE IS INELIGIBLE FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE BUT MAY REAPPLY AFTER 6 MONTHS. THE APPLICANT OR RECIPIENT MUST TEST NEGATIVE FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE IN ORDER TO RECEIVE FAMILY INDEPENDENCE PROGRAM ASSISTANCE.
(C)” and renumbering the remaining subsections.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Talabi moved to amend the bill as follows:
1. Amend page 3, following line 26, by inserting:
“(10) IF A PARENT IS INELIGIBLE FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE AS A RESULT OF THIS SECTION, ALL OF THE FOLLOWING APPLY:
(A) THE PARENT’S DEPENDENT CHILD’S ELIGIBILITY FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE IS NOT AFFECTED.
(B) AN APPROPRIATE PROTECTIVE PAYEE SHALL BE DESIGNATED TO RECEIVE BENEFITS ON BEHALF OF THE CHILD.
(C) THE PARENT MAY CHOOSE TO DESIGNATE ANOTHER INDIVIDUAL TO RECEIVE BENEFITS FOR THE PARENT’S DEPENDENT CHILD. THE DESIGNATED INDIVIDUAL MUST BE AN IMMEDIATE FAMILY MEMBER OR, IF AN IMMEDIATE FAMILY MEMBER IS NOT AVAILABLE OR THE FAMILY MEMBER DECLINES THE OPTION, ANOTHER INDIVIDUAL APPROVED BY THE DEPARTMENT.” and renumbering the remaining subsections.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Stapleton moved to amend the bill as follows:
1. Amend page 3, line 12, after “BE” by striking out the balance of the sentence and inserting “PAID FOR BY THE STATE.”.
2. Amend page 3, line 18, after “BE” by striking out the balance of the subsection and inserting “PAID FOR BY THE STATE.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Stapleton moved to amend the bill as follows:
1. Amend page 4, following line 4, by inserting:
“SEC. 57W. (1) THE LEGISLATIVE COUNCIL SHALL ESTABLISH AND ADMINISTER SUSPICION‑BASED SUBSTANCE ABUSE SCREENING AND TESTING FOR THE USE OF A CONTROLLED SUBSTANCE BY A MEMBER OF THE LEGISLATURE.
(2) THE PROGRAM ESTABLISHED IN SUBSECTION (1) MUST INCLUDE OR DO BOTH OF THE FOLLOWING:
(A) REQUIRE SUBSTANCE ABUSE TESTING FOR MEMBERS WHO EITHER THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, THE MAJORITY LEADER OF THE SENATE, OR THE MINORITY LEADER OF THE SENATE BELIEVES, BASED ON REASONABLE SUSPICION, ARE ENGAGED IN THE ILLEGAL USE OF A CONTROLLED SUBSTANCE.
(B) IF DUE TO REASONABLE SUSPICION, A MEMBER IS REQUIRED TO SUBMIT TO SUBSTANCE ABUSE TESTING, THAT SUBSTANCE ABUSE TESTING MUST BE COMPLETED WITHIN 12 HOURS OF THE MEMBER BEING NOTIFIED.
(3) IF A MEMBER REFUSES TO TAKE A SUBSTANCE ABUSE TEST OR TESTS POSITIVE FOR THE ILLEGAL USE OF A CONTROLLED SUBSTANCE, THE MEMBER MAY NOT RECEIVE ANY OF THE FOLLOWING PRIVILEGES PROVIDED TO MEMBERS:
(A) PARTISAN STAFF.
(B) RESERVED PARKING AT THE CAPITOL.
(C) FULL OFFICE FUNDING ALLOCATION. IN THIS CASE, THE OFFICE FUNDING ALLOCATION SHALL BE CUT BY 10% OF THE FULL FUNDING AMOUNT.
(D) MEMBERSHIP ON COMMITTEES OR LEADERSHIP POSITION ON COMMITTEES.
(4) IF A MEMBER IS REQUIRED TO SUBMIT TO SUBSTANCE ABUSE TESTING, THE COST OF ADMINISTERING THE TEST SHALL BE DEDUCTED OUT OF HIS OR HER SALARY.
(5) THE FOLLOWING LISTS SHALL BE MADE AVAILABLE TO THE PUBLIC ONLINE:
(A) THE NAMES OF ALL THE MEMBERS WHO ARE REQUESTED TO SUBMIT TO SUBSTANCE ABUSE TESTING DUE TO A REASONABLE SUSPICION.
(B) THE NAMES OF MEMBERS WHO REFUSE TO CONSENT TO SUBSTANCE ABUSE TESTING.
(C) THE NAME OF EACH MEMBER TESTED FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE BASED ON REASONABLE SUSPICION.
(D) THE NAME OF EACH MEMBER WHO TESTS POSITIVE FOR THE ILLEGAL USE OF A CONTROLLED SUBSTANCE.
(E) THE NAME OF EACH MEMBER WHO TESTS NEGATIVE FOR THE ILLEGAL USE OF A CONTROLLED SUBSTANCE.
(6) AS USED IN THIS SECTION, “MEMBER” MEANS A MEMBER OF THE STATE HOUSE OF REPRESENTATIVES OR THE STATE SENATE.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Tlaib moved to amend the bill as follows:
1. Amend page 4, following line 4, by inserting:
“Enacting section 1. This amendatory act takes effect only if a law is enacted in this state that requires members of the legislature to be tested for illegal use of a controlled substance as a condition of holding office under article IV of the state constitution of 1963.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Slavens moved to amend the bill as follows:
1. Amend page 3, following line 26, by inserting:
“(10) INFORMATION COLLECTED REGARDING THE APPLICANT OR RECIPIENT, INCLUDING RESULTS OF ANY SUBSTANCE ABUSE TESTING, SHALL BE KEPT CONFIDENTIAL AND MAINTAINED IN ACCORDANCE WITH THE STANDARDS OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, PUBLIC LAW 104-191.” and renumbering the remaining subsections.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Slavens moved to amend the bill as follows:
1. Amend page 3, following line 26, by inserting:
“(10) IF THE LEVEL OF APPLICANTS OR RECIPIENTS WHO TEST POSITIVE FOR ILLEGAL SUBSTANCE ABUSE IS BELOW 10%, THE DEPARTMENT SHALL DISCONTINUE THE PROGRAM ESTABLISHED UNDER THIS SECTION. IF THE DEPARTMENT CONTINUES THE PROGRAM ESTABLISHED UNDER THIS SECTION, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE LEGISLATURE ANNUALLY ON, AT LEAST, ALL OF THE FOLLOWING:
(A) THE NUMBER OF INDIVIDUALS TESTED, THE SUBSTANCES TESTED FOR, THE RESULTS OF THE TESTING, AND THE NUMBER OF REFERRALS FOR TREATMENT.
(B) THE COSTS OF THE TESTING AND THE RESULTING TREATMENT.
(C) SANCTIONS, IF ANY, THAT HAVE BEEN IMPOSED ON RECIPIENTS AS A RESULT OF THE TESTING PROGRAM.
(D) THE PERCENTAGE AND NUMBER OF HOUSEHOLDS RECEIVING FAMILY INDEPENDENCE PROGRAM ASSISTANCE THAT INCLUDE AN INDIVIDUAL WHO HAS TESTED POSITIVE FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE UNDER THE PROGRAM AND THAT ALSO INCLUDE AN INDIVIDUAL WHO HAS BEEN NAMED AS THE PERPETRATOR IN A CASE CLASSIFIED AS A CENTRAL REGISTRY CASE UNDER THE CHILD PROTECTION LAW, 1975 PA 238, MCL 722.621 TO 722.638.” and renumbering the remaining subsections.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Slavens moved to amend the bill as follows:
1. Amend page 3, following line 26, by inserting:
“(10) THE DEPARTMENT SHALL SUBMIT A REPORT TO THE LEGISLATURE ANNUALLY ON, AT LEAST, ALL OF THE FOLLOWING:
(A) THE NUMBER OF INDIVIDUALS TESTED, THE SUBSTANCES TESTED FOR, THE RESULTS OF THE TESTING, AND THE NUMBER OF REFERRALS FOR TREATMENT.
(B) THE COSTS OF THE TESTING AND THE RESULTING TREATMENT.
(C) SANCTIONS, IF ANY, THAT HAVE BEEN IMPOSED ON RECIPIENTS AS A RESULT OF THE TESTING PROGRAM.
(D) THE PERCENTAGE AND NUMBER OF HOUSEHOLDS RECEIVING FAMILY INDEPENDENCE PROGRAM ASSISTANCE THAT INCLUDE AN INDIVIDUAL WHO HAS TESTED POSITIVE FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE UNDER THE PROGRAM AND THAT ALSO INCLUDE AN INDIVIDUAL WHO HAS BEEN NAMED AS THE PERPETRATOR IN A CASE CLASSIFIED AS A CENTRAL REGISTRY CASE UNDER THE CHILD PROTECTION LAW, 1975 PA 238, MCL 722.621 TO 722.638.” and renumbering the remaining subsections.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Stapleton moved to amend the bill as follows:
1. Amend page 4, line 2, after “THIS” by striking out “SECTION, “CONTROLLED” and inserting “SECTION:
(A) “CONTROLLED”.
2. Amend page 4, following line 4, by inserting:
“(B) “TESTS NEGATIVE” MEANS THAT AN INDIVIDUAL TESTS NEGATIVE FOR THE PRESENCE OF A CONTROLLED SUBSTANCE IN THE INDIVIDUAL’S BODY OR TESTS POSITIVE FOR THE PRESENCE OF A CONTROLLED SUBSTANCE IN THE INDIVIDUAL’S BODY, BUT HAS A VALID PRESCRIPTION OR AN ORDER OF A PRACTITIONER ACTING IN THE COURSE OF THE PRACTITIONER’S PROFESSIONAL PRACTICE.
(C) “TESTS POSITIVE” MEANS THAT AN INDIVIDUAL TESTS POSITIVE FOR THE PRESENCE OF A CONTROLLED SUBSTANCE IN THE INDIVIDUAL’S BODY AND DOES NOT POSSESS A VALID PRESCRIPTION OR AN ORDER OF A PRACTITIONER ACTING IN THE COURSE OF THE PRACTITIONER’S PROFESSIONAL PRACTICE.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Slavens moved to amend the bill as follows:
1. Amend page 2, line 3, after “1,” by striking out “2014” and inserting “2016”.
2. Amend page 2, line 8, after “1,” by striking out “2014” and inserting “2016”.
3. Amend page 2, line 9, after “1,” by striking out “2015” and inserting “2017”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Stapleton moved to amend the bill as follows:
1. Amend page 2, line 2, after “SUBSECTION” by inserting “BY DIVIDING ALL THE COUNTIES IN THIS STATE INTO THE FOLLOWING 3 GROUPS AND SELECTING AT LEAST 1 COUNTY FROM EACH GROUP:
(A) TWENTY-SEVEN COUNTIES WITH THE GREATEST POPULATIONS.
(B) TWENTY-SEVEN COUNTIES WITH THE LOWEST POPULATIONS.
(C) ALL OTHER COUNTIES IN THIS STATE THAT ARE NOT INCLUDED IN SUBDIVISIONS (A) AND (B)”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Stapleton moved to amend the bill as follows:
1. Amend page 3, following line 26, by inserting:
“(10) THE SUSPICION-BASED SUBSTANCE ABUSE SCREENING AND TESTING PROGRAM DEVELOPED BY THE DEPARTMENT SHALL INCLUDE AN APPEALS PROCESS FOR APPLICANTS AND RECIPIENTS.” and renumbering the remaining subsections.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Barnett moved to amend the bill as follows:
1. Amend page 3, line 1, after “TEST.” by inserting “THE DEPARTMENT MUST DOCUMENT THE BEHAVIOR, ACTIONS, OR OTHER CAUSE TO HAVE REASONABLE SUSPICION THAT THE APPLICANT OR RECIPIENT HAS ENGAGED IN THE ILLEGAL USE OF A CONTROLLED SUBSTANCE. THE INFORMATION MUST BE PROVIDED TO THE APPLICANT OR RECIPIENT.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Slavens moved to amend the bill as follows:
1. Amend page 4, line 1, after “OLDER” by inserting “AND UNDER 65 YEARS OF AGE”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Stapleton moved to amend the bill as follows:
1. Amend page 3, following line 26, by inserting:
“(10) THE DEPARTMENT SHALL ENSURE THAT, AT THE TIME OF INITIAL APPLICATION OR REDETERMINATION, AN APPLICANT OR RECIPIENT IS AWARE THAT HE OR SHE MAY BE SUBJECT TO SUSPICION-BASED SUBSTANCE ABUSE SCREENING AND TESTING.” and renumbering the remaining subsections.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Farrington moved to amend the bill as follows:
1. Amend page 3, following line 26, by inserting:
“(10) BEFORE IMPLEMENTING THE PROVISIONS OF SUBSECTIONS (3) AND (4), AND ANNUALLY AFTER THE PROGRAM HAS BEEN FULLY IMPLEMENTED, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE LEGISLATURE THAT INCLUDES, AT LEAST, ALL OF THE FOLLOWING:
(A) THE NUMBER OF INDIVIDUALS SCREENED.
(B) THE NUMBER OF INDIVIDUALS SCREENED FOR WHOM THERE WAS A REASONABLE SUSPICION OF ILLEGAL USE OF A CONTROLLED SUBSTANCE.
(C) THE NUMBER OF INDIVIDUALS WHO CONSENTED TO SUBMITTING TO A SUBSTANCE ABUSE TEST.
(D) THE NUMBER OF INDIVIDUALS WHO REFUSED TO SUBMIT TO A SUBSTANCE ABUSE TEST.
(E) THE NUMBER OF INDIVIDUALS WHO SUBMITTED TO A SUBSTANCE ABUSE TEST WHO TESTED POSITIVE FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE.
(F) THE NUMBER OF INDIVIDUALS WHO SUBMITTED TO A SUBSTANCE ABUSE TEST WHO TESTED NEGATIVE FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE.
(G) THE NUMBER OF INDIVIDUALS WHO TESTED POSITIVE FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE FOR A SECOND OR SUBSEQUENT TIME.
(H) THE AMOUNT OF THE COSTS INCURRED BY THE DEPARTMENT FOR ADMINISTERING THE PROGRAM.” and renumbering the remaining subsections.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Farrington moved to amend the bill as follows:
1. Amend page 3, following line 26, by inserting:
“(10) ALL INFORMATION, INTERVIEWS, REPORTS, STATEMENTS, MEMORANDA, AND SUBSTANCE ABUSE TEST RESULTS, WRITTEN OR OTHERWISE, RECEIVED BY THE DEPARTMENT THROUGH A SUBSTANCE ABUSE SCREENING OR TESTING PROGRAM REQUIRED UNDER THIS SECTION ARE CONFIDENTIAL COMMUNICATIONS SUBJECT TO THE PRIVACY PROTECTIONS UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, PUBLIC LAW 104-191, AND MAY NOT BE USED OR RECEIVED IN EVIDENCE, OBTAINED IN DISCOVERY OR DISCLOSED IN ANY PUBLIC OR PRIVATE PROCEEDINGS, EXCEPT IN ACCORDANCE WITH THIS SECTION OR IN DETERMINING ELIGIBILITY UNDER THIS ACT.” and renumbering the remaining subsections.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Farrington moved to amend the bill as follows:
1. Amend page 3, line 1, after “TEST.” by inserting “IF THE APPLICANT OR RECIPIENT REFUSES TO TAKE A SUBSTANCE ABUSE TEST, HE OR SHE IS INELIGIBLE FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE, BUT MAY REAPPLY AFTER 6 MONTHS, SUBJECT TO ANOTHER SUBSTANCE ABUSE SCREENING AS REQUIRED IN THIS SECTION. THE APPLICANT OR RECIPIENT MUST TEST NEGATIVE FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE IN ORDER TO RECEIVE FAMILY INDEPENDENCE PROGRAM ASSISTANCE.”.
2. Amend page 3, line 2, by striking out all of subsection (7) and inserting:
“(7) IF THE APPLICANT OR RECIPIENT TESTS POSITIVE FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE, HE OR SHE MAY CHOOSE TO PROCEED IN 1 OF THE FOLLOWING WAYS:
(A) HE OR SHE WILL BE INELIGIBLE FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE, BUT MAY REAPPLY AFTER 6 MONTHS, SUBJECT TO ANOTHER SUBSTANCE ABUSE SCREENING AS REQUIRED IN THIS SECTION. THE APPLICANT OR RECIPIENT MUST TEST NEGATIVE FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE IN ORDER TO RECEIVE FAMILY INDEPENDENCE PROGRAM ASSISTANCE.
(B) HE OR SHE SHALL ENROLL IN A SUBSTANCE ABUSE TREATMENT PROGRAM. DURING PARTICIPATION IN THE SUBSTANCE ABUSE TREATMENT PROGRAM REQUIRED UNDER THIS SUBDIVISION, THE APPLICANT OR RECIPIENT IS INELIGIBLE TO RECEIVE FAMILY INDEPENDENCE PROGRAM ASSISTANCE. THE APPLICANT OR RECIPIENT SHALL SIGN A RELEASE TO AUTHORIZE THE SUBSTANCE ABUSE TREATMENT COUNSELOR TO COMMUNICATE WITH THE DEPARTMENT REGARDING THE APPLICANT’S OR RECIPIENT’S PROGRESS IN THE SUBSTANCE ABUSE TREATMENT PROGRAM. AFTER 90 DAYS IN THE SUBSTANCE ABUSE TREATMENT PROGRAM, UPON APPROVAL FROM THE DEPARTMENT, THE APPLICANT OR RECIPIENT MAY RETAKE THE SUBSTANCE ABUSE TEST. IF HE OR SHE TESTS NEGATIVE FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE AND MEETS ALL OTHER ELIGIBILITY REQUIREMENTS, HE OR SHE IS ELIGIBLE TO RECEIVE FAMILY INDEPENDENCE PROGRAM ASSISTANCE. IF, AFTER 90 DAYS, HE OR SHE IS NOT FOLLOWING THE TREATMENT PLAN, HE OR SHE MAY NOT RETAKE THE SUBSTANCE ABUSE TEST FOR 6 MONTHS. IF, AT ANY TIME AFTER PARTICIPATING IN THE SUBSTANCE ABUSE TREATMENT PROGRAM, THE APPLICANT OR RECIPIENT TESTS POSITIVE FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE, HE OR SHE REMAINS INELIGIBLE TO RECEIVE FAMILY INDEPENDENCE PROGRAM ASSISTANCE AND WILL NOT BE ALLOWED TO REAPPLY AND RETAKE A SUBSTANCE ABUSE TEST FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE FOR 12 MONTHS.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Slavens moved to substitute (H-2) the bill.
The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Irwin moved to amend the bill as follows:
1. Amend page 1, line 2, after “OF” by striking out “SUSPICION-BASED”.
2. Amend page 1, line 3, after “FOR” by inserting “ALL”.
3. Amend page 1, line 6, after “ADMINISTER” by striking out “SUSPICION-BASED”.
4. Amend page 1, line 7, after “FOR” by inserting “ALL”.
5. Amend page 2, line 1, by striking out “SUSPICION-BASED”.
6. Amend page 2, line 4, after “ADMINISTER” by striking out “SUSPICION-BASED”.
7. Amend page 2, line 5, after “FOR” by inserting “ALL”.
8. Amend page 2, line 7, after “ADMINISTERING” by striking out “SUSPICION-BASED”.
9. Amend page 2, line 10, after “ADMINISTER” by striking out “SUSPICION-BASED”.
10. Amend page 2, line 11, after “FOR” by inserting “ALL”.
11. Amend page 2, line 13, after “ADMINISTER” by striking out “SUSPICION-BASED”.
12. Amend page 2, line 21, after “SCREEN” by inserting “ALL”.
13. Amend page 2, line 22, after “FOR” by striking out “SUSPICION OF”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Farrington 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. 5223, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57v.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 383 Yeas—71
Agema Goike LeBlanc Poleski
Bolger Graves Liss Potvin
Brunner Haines Lori Price
Bumstead Haugh Lund Pscholka
Callton Haveman Lyons Rendon
Clemente Heise MacGregor Rogers
Cotter Hooker MacMaster Schmidt, R.
Crawford Horn McBroom Schmidt, W.
Daley Hughes Moss Shaughnessy
Damrow Huuki Muxlow Shirkey
Denby Jacobsen Nathan Smiley
Farrington Jenkins Nesbitt Somerville
Forlini Johnson O’Brien Stamas
Foster Knollenberg Olson Tyler
Franz Kowall Opsommer Walsh
Genetski Kurtz Ouimet Yonker
Gilbert LaFontaine Outman Zorn
Glardon Lane Pettalia
Nays—37
Ananich Durhal Kandrevas Slavens
Barnett Geiss Lipton Stallworth
Bauer Greimel McCann Stanley
Bledsoe Hammel McMillin Stapleton
Brown Hobbs Meadows Switalski
Byrum Hovey-Wright Oakes Talabi
Cavanagh Howze Rutledge Tlaib
Constan Irwin Santana Townsend
Darany Jackson Segal Womack
Dillon
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. Brown, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no for a number of reasons, one being that when an individual tests negative, the cost of the test is deducted from his/her first payment. Also, nothing is done to try to help someone who tests positive, such as information on clinics or programs, and their minor children will go without assistance.”
Rep. Greimel, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
In principle, requiring individuals to pass drug tests as a condition of receiving taxpayer-funded cash assistance is good policy.
Unfortunately, this bill would charge the costs of taking drug tests to individual welfare recipients who pass the drug tests and who have never failed a drug test, while not charging those welfare recipients who fail drug tests. That is bad policy and is manifestly unjust. That provision alone is reason for voting against the bill.”
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Education, by Rep. Lyons, Chair, reported
House Bill No. 5135, entitled
A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending sections 7 and 15 (MCL 390.1667 and 390.1675).
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lyons, Hooker, Crawford, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Brown, Darany, Howze, Rutledge and Stallworth
Nays: None
The Committee on Education, by Rep. Lyons, Chair, reported
House Bill No. 5330, entitled
A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending sections 11 and 15 (MCL 390.1671 and 390.1675).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lyons, Hooker, Crawford, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Brown, Darany, Howze, Rutledge and Stallworth
Nays: None
The Committee on Education, by Rep. Lyons, Chair, reported
House Bill No. 5628, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 32b (MCL 388.1632b), as amended by 2011 PA 62.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Brown, Darany, Howze, Rutledge and Stallworth
Nays: None
The Committee on Education, by Rep. Lyons, Chair, reported
House Bill No. 5629, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1230d, 1535a, and 1539b (MCL 380.1230d, 380.1535a, and 380.1539b), as amended by 2006 PA 680.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Darany, Howze, Rutledge and Stallworth
Nays: None
The Committee on Education, by Rep. Lyons, Chair, reported
House Bill No. 5630, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1711 and 1751 (MCL 380.1711 and 380.1751), as amended by 2008 PA 1; 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. Lyons, Hooker, Crawford, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Darany, Rutledge and Stallworth
Nays: None
The Committee on Education, by Rep. Lyons, Chair, reported
House Bill No. 5631, entitled
A bill to repeal 1966 PA 156, entitled “An act to provide state scholarships for students in the field of special education; and to make an appropriation therefor,” (MCL 388.1051 to 388.1055).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Brown, Darany, Howze, Rutledge and Stallworth
Nays: None
The Committee on Education, by Rep. Lyons, Chair, reported
House Bill No. 5632, entitled
A bill to repeal 1982 PA 26, entitled “An act to provide for emergency financial assistance for certain school districts; to prescribe certain powers and duties of intermediate school boards, local school boards, the state board of education, the state treasurer, and the auditor general; to create an emergency loan revolving fund; to make an appropriation; and to prescribe penalties,” (MCL 388.811 to 388.829).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Brown, Darany, Howze, Rutledge and Stallworth
Nays: None
The Committee on Education, by Rep. Lyons, Chair, reported
House Bill No. 5633, entitled
A bill to repeal 1931 PA 205, entitled “An act to require the teaching of civics and political science in high schools, county normals and colleges, to prohibit the granting of diplomas, and degrees to students not successfully completing said courses, and to provide penalties for the violation thereof,” (MCL 388.372).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Brown, Darany, Howze, Rutledge and Stallworth
Nays: None
The Committee on Education, by Rep. Lyons, Chair, reported
House Bill No. 5634, entitled
A bill to repeal 1974 PA 299, entitled “Education for the gifted and/or academically talented act,” (MCL 388.1091 to 388.1094).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Brown, Darany, Howze, Rutledge and Stallworth
Nays: None
The Committee on Education, by Rep. Lyons, Chair, reported
House Bill No. 5635, entitled
A bill to repeal 1964 PA 238, entitled “An act to authorize the state of Michigan, boards of supervisors, local governing boards and school districts to appropriate moneys to foster and maintain demonstration educational and work experience programs through a special job upgrading program for unemployed, out of work, school dropouts; define the powers and duties of the superintendent of public instruction; and to provide for appropriations,” (MCL 395.171 to 395.175).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Brown, Darany, Howze, Rutledge and Stallworth
Nays: None
The Committee on Education, by Rep. Lyons, Chair, reported
House Bill No. 5636, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1277 (MCL 380.1277), as amended by 1997 PA 179; 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. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Brown, Darany, Howze, Rutledge and Stallworth
Nays: None
The Committee on Education, by Rep. Lyons, Chair, reported
Senate Bill No. 316, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2012 PA 29.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lyons, Hooker, Crawford, McMillin, Franz, Heise, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Rutledge and Stallworth
Nays: Reps. Brown, Darany and Howze
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lyons, Chair, of the Committee on Education, was received and read:
Meeting held on: Thursday, June 7, 2012
Present: Reps. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Bumstead, Brown, Darany, Howze, Rutledge and Stallworth
Absent: Reps. Hobbs and Geiss
Excused: Reps. Hobbs and Geiss
The Committee on Health Policy, by Rep. Haines, Chair, reported
House Bill No. 5711, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2803, 2804, 2834, 2848, 13807, 16221, 16226, 16299, 17015, 17515, and 20115 (MCL 333.2803, 333.2804, 333.2834, 333.2848, 333.13807, 333.16221, 333.16226, 333.16299, 333.17015, 333.17515, and 333.20115), sections 2803, 2834, and 2848 as amended by 2002 PA 562, section 2804 as amended by 1990 PA 149, section 13807 as added by 1990 PA 21, section 16221 as amended by 2011 PA 222, section 16226 as amended by 2011 PA 224, section 16299 as amended by 2002 PA 685, section 17015 as amended by 2006 PA 77, section 17515 as added by 1993 PA 133, and section 20115 as amended by 1999 PA 206, and by adding sections 2836, 2854, 17015a, 17017, 17019, 17517, and 17519.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 26, line 22, after “abortion.” by striking out “Before” and inserting “AFTER THE EXPIRATION OF THE 24-HOUR PERIOD PRESCRIBED UNDER SUBSECTION (3) BUT BEFORE”.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Graves and Liss
Nays: Reps. Stallworth, Segal, Womack, Hovey-Wright and Greimel
The Committee on Health Policy, by Rep. Haines, Chair, reported
House Bill No. 5712, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 16l and 16p of chapter XVII (MCL 777.16l and 777.16p), section 16p as amended by 2008 PA 467.
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. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Graves and Liss
Nays: Reps. Stallworth, Segal, Hovey-Wright and Greimel
The Committee on Health Policy, by Rep. Haines, Chair, reported
House Bill No. 5713, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding sections 213a and 324.
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. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Graves and Liss
Nays: Reps. Stallworth, Segal, Womack, Hovey-Wright and Greimel
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, June 7, 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
The Committee on Insurance, by Rep. Lund, Chair, reported
House Bill No. 4993, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3113 (MCL 500.3113), as amended by 1986 PA 93.
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. Lund, Shaughnessy, Opsommer, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker and Roy Schmidt
Nays: Reps. Kandrevas, Hovey-Wright and Geiss
The Committee on Insurance, by Rep. Lund, Chair, reported
House Bill No. 5587, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3113 (MCL 500.3113), as amended by 1986 PA 93.
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. Lund, Shaughnessy, Opsommer, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker and Roy Schmidt
Nays: Reps. Kandrevas and Geiss
The Committee on Insurance, by Rep. Lund, Chair, reported
House Bill No. 5588, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3113 (MCL 500.3113), as amended by 1986 PA 93.
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. Lund, Shaughnessy, Opsommer, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien and Yonker
Nays: Reps. Kandrevas, Segal, Hovey-Wright, Howze and Geiss
The Committee on Insurance, by Rep. Lund, Chair, reported
House Bill No. 5589, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3113 (MCL 500.3113), as amended by 1986 PA 93.
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. Lund, Shaughnessy, Opsommer, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker and Roy Schmidt
Nays: Reps. Kandrevas, Hovey-Wright, Howze and Geiss
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lund, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, June 7, 2012
Present: Reps. Lund, Shaughnessy, Opsommer, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Roy Schmidt, Kandrevas, Segal, Hovey-Wright, Howze and Geiss
Absent: Rep. Nathan
Excused: Rep. Nathan
Second Reading of Bills
Senate Bill No. 1082, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7212, 7401, 7402, 7403, and 7404 (MCL 333.7212, 333.7401, 333.7402, 333.7403, and 333.7404), section 7212 as amended by 2011 PA 88, sections 7401 and 7403 as amended by 2010 PA 352, section 7402 as amended by 2002 PA 710, and section 7404 as amended by 2010 PA 169, and by adding section 7417.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Walsh moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stamas moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Segal moved that Reps. Geiss and Jackson be excused temporarily from today’s session.
The motion prevailed.
______
Rep. Olumba entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1082, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7212, 7401, 7402, 7403, and 7404 (MCL 333.7212, 333.7401, 333.7402, 333.7403, and 333.7404), section 7212 as amended by 2011 PA 88, sections 7401 and 7403 as amended by 2010 PA 352, section 7402 as amended by 2002 PA 710, and section 7404 as amended by 2010 PA 169, and by adding section 7417.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 384 Yeas—107
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Graves Lori Rutledge
Bledsoe Greimel 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 Nathan Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Damrow Irwin Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Jenkins Olumba Tlaib
Dillon Johnson Opsommer Townsend
Durhal Kandrevas Ouimet Tyler
Farrington Knollenberg Outman Walsh
Forlini Kowall Pettalia Womack
Foster Kurtz Poleski Yonker
Franz LaFontaine Potvin Zorn
Genetski Lane Price
Nays—0
In The Chair: O’Brien
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 789, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2251, 7201, 7202, 7203, and 7204 (MCL 333.2251, 333.7201, 333.7202, 333.7203, and 333.7204), section 7204 as amended by 1994 PA 38.
The bill was read a second time.
Rep. Walsh moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stamas moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 789, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2251, 7201, 7202, 7203, and 7204 (MCL 333.2251, 333.7201, 333.7202, 333.7203, and 333.7204), section 7204 as amended by 1994 PA 38.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 385 Yeas—107
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Graves Lori Rutledge
Bledsoe Greimel 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 Nathan Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Damrow Irwin Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Jenkins Olumba Tlaib
Dillon Johnson Opsommer Townsend
Durhal Kandrevas Ouimet Tyler
Farrington Knollenberg Outman Walsh
Forlini Kowall Pettalia Womack
Foster Kurtz Poleski Yonker
Franz LaFontaine Potvin Zorn
Genetski Lane Price
Nays—0
In The Chair: O’Brien
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 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 7201, 7202, 7203, and 7204 (MCL 333.7201, 333.7202, 333.7203, and 333.7204), section 7204 as amended by 1994 PA 38.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5364, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects and for certain state departments and agencies for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
(The bill was received from the Senate on April 26, with substitute (S-4) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 1, see House Journal No. 40, p. 701.)
The question being on concurring in the substitute (S-4) made to the bill by the Senate,
Rep. Lindberg moved to amend the Senate substitute (S-4) as follows:
1. Amend page 3, following line 25, by inserting:
“Upper Peninsula eco-regional land consolidation, various counties (#11-127)..................... 950,000”.
2. Amend page 4, following line 1, by inserting:
“Southwestern Lower Peninsula eco-region acquisition, various counties (#11-126)............. 1,000,000
Southeast Michigan eco-region acquisition, various counties (#11-137)..................................... 1,475,000
Northern Lower Peninsula eco-regional land consolidation, various counties (#11-140)............ 950,000”
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
The question being on concurring in the substitute (S-4) made to the bill by the Senate,
The substitute (S-4) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 386 Yeas—30
Ananich Darany Hovey-Wright Nesbitt
Brown Farrington Huuki Potvin
Brunner Forlini Johnson Rogers
Byrum Foster MacMaster Shirkey
Cavanagh Goike McBroom Townsend
Constan Greimel McCann Tyler
Cotter Haugh McMillin Yonker
Daley Hobbs
Nays—77
Agema Haveman Lund Rutledge
Barnett Heise Lyons Santana
Bauer Hooker MacGregor Schmidt, R.
Bledsoe Horn Meadows Schmidt, W.
Bolger Howze Moss Segal
Bumstead Hughes Muxlow Shaughnessy
Callton Irwin Nathan Slavens
Clemente Jacobsen O’Brien Smiley
Crawford Jenkins Oakes Somerville
Damrow Kandrevas Olson Stallworth
Denby Knollenberg Olumba Stamas
Dillon Kowall Opsommer Stanley
Durhal Kurtz Ouimet Stapleton
Franz LaFontaine Outman Switalski
Genetski Lane Pettalia Talabi
Gilbert LeBlanc Poleski Tlaib
Glardon Lipton Price Walsh
Graves Liss Pscholka Womack
Haines Lori Rendon Zorn
Hammel
In The Chair: O’Brien
Second Reading of Bills
House Bill No. 5363, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11506 (MCL 324.11506), as amended by 2010 PA 345.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Agriculture,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Brunner moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5592, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4012 (MCL 600.4012), as amended by 1996 PA 10.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local, Intergovernmental, and Regional Affairs,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Lane 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. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Stamas moved that the Committee on Judiciary be discharged from further consideration of House Bill No. 5560.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
House Bill No. 5560, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 169 (MCL 750.169).
The bill was read a second time.
Rep. Shaughnessy moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5658, entitled
A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending sections 2 and 6 (MCL 800.322 and 800.326), section 2 as amended by 1996 PA 537 and section 6 as amended by 2010 PA 308.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Oakes moved to amend the bill as follows:
1. Amend page 4, line 25, after “WAGE.” by inserting “THE DEPARTMENT SHALL NOT ASSIGN LABOR TO A PRIVATE CONTRACTOR UNDER THIS SUBSECTION UNLESS THE PRIVATE CONTRACTOR HAS AN APPRENTICESHIP PROGRAM IN PLACE FOR ANY JOBS THAT REQUIRE APPRENTICESHIP TRAINING AND ONLY ASSIGNS PRISONERS TO THOSE APPRENTICESHIP PROGRAMS WHO ARE QUALIFIED AND WHO HAVE SUFFICIENT TIME REMAINING ON THEIR SENTENCES TO COMPLETE THOSE PROGRAMS.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Haveman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5629, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1230d, 1535a, and 1539b (MCL 380.1230d, 380.1535a, and 380.1539b), as amended by 2006 PA 680.
The bill was read a second time.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5630, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1711 and 1751 (MCL 380.1711 and 380.1751), as amended by 2008 PA 1; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Yonker moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5631, entitled
A bill to repeal 1966 PA 156, entitled “An act to provide state scholarships for students in the field of special education; and to make an appropriation therefor,” (MCL 388.1051 to 388.1055).
The bill was read a second time.
Rep. Hooker moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5632, entitled
A bill to repeal 1982 PA 26, entitled “An act to provide for emergency financial assistance for certain school districts; to prescribe certain powers and duties of intermediate school boards, local school boards, the state board of education, the state treasurer, and the auditor general; to create an emergency loan revolving fund; to make an appropriation; and to prescribe penalties,” (MCL 388.811 to 388.829).
The bill was read a second time.
Rep. O’Brien moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5633, entitled
A bill to repeal 1931 PA 205, entitled “An act to require the teaching of civics and political science in high schools, county normals and colleges, to prohibit the granting of diplomas, and degrees to students not successfully completing said courses, and to provide penalties for the violation thereof,” (MCL 388.372).
The bill was read a second time.
Rep. Lyons moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5634, entitled
A bill to repeal 1974 PA 299, entitled “Education for the gifted and/or academically talented act,” (MCL 388.1091 to 388.1094).
The bill was read a second time.
Rep. Price moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5635, entitled
A bill to repeal 1964 PA 238, entitled “An act to authorize the state of Michigan, boards of supervisors, local governing boards and school districts to appropriate moneys to foster and maintain demonstration educational and work experience programs through a special job upgrading program for unemployed, out of work, school dropouts; define the powers and duties of the superintendent of public instruction; and to provide for appropriations,” (MCL 395.171 to 395.175).
The bill was read a second time.
Rep. Heise moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5636, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1277 (MCL 380.1277), as amended by 1997 PA 179; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Shaughnessy moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5424, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 722 and 724 (MCL 257.722 and 257.724), section 722 as amended by 2009 PA 146 and section 724 as amended by 2009 PA 169.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Outman moved to amend the bill as follows:
1. Amend page 10, line 26, after “THE” by striking out “PLACE OF HARVEST” and inserting “FIELD OR STORAGE”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Lyons moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5246, entitled
A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2, 4, 11b, 12, 12a, 12c, and 12c (MCL 125.2152, 125.2154, 125.2161b, 125.2162, 125.2162a, 125.2162c, and 125.2162c[1]), section 2 as amended by 2010 PA 376, sections 4 and 12 as amended and section 12c as added by 2010 PA 276, section 11b as amended by 2010 PA 127, and section 12a as amended and section 12c as added by 2009 PA 162.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Commerce,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Shirkey moved to amend the bill as follows:
1. Amend page 51, following line 17, by inserting:
“(15) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ACT TO THE CONTRARY, BEGINNING JANUARY 1, 2014, THERE SHALL BE NO LIMITATION ON THE NUMBER OF CERTIFIED TECHNOLOGY PARKS CREATED IN THIS STATE.
(16) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ACT TO THE CONTRARY, FOR ANY CERTIFIED TECHNOLOGY PARK CREATED IN THIS STATE ON OR AFTER JANUARY 1, 2014, THE REQUIREMENT FOR REVENUE REIMBURSEMENT OF TAX REVENUE LOST FOR INCREMENTAL TAX REVENUE INCREASES SHALL BE PAID TO LOCAL SCHOOL DISTRICTS, INTERMEDIATE SCHOOL DISTRICTS, AND THE SCHOOL AID FUND FROM THE MICHIGAN STRATEGIC FUND.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Wayne Schmidt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5566, entitled
A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending the title and sections 1, 2, 3, 4, 5, 6, and 7 (MCL 141.931, 141.932, 141.933, 141.934, 141.935, 141.936, and 141.937), the title as amended by 1988 PA 198, section 1 as amended by 2007 PA 178, sections 2, 3, 6, and 7 as amended by 1998 PA 528, and sections 4 and 5 as amended by 2007 PA 198, and by adding section 6a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Local, Intergovernmental, and Regional Affairs,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Stanley moved to amend the bill as follows:
1. Amend page 10, following line 15, by inserting:
“(9) AFTER SEPTEMBER 30, 2012, THE BOARD MAY RESTRUCTURE PAYMENTS, BUT NOT THE OUTSTANDING PRINCIPAL BALANCE OR INTEREST, ON A LOAN TO A MUNICIPALITY UNDER SUBSECTION (1) IF ALL OF THE FOLLOWING APPLY:
(A) FOR A MUNICIPALITY THAT IS A SCHOOL DISTRICT, IN A STATE FISCAL YEAR AFTER THE STATE FISCAL YEAR IN WHICH THE LOAN TO THE SCHOOL DISTRICT WAS AUTHORIZED BY THE BOARD, THE FOUNDATION ALLOWANCE FOR THE SCHOOL DISTRICT UNDER THE STATE SCHOOL AID ACT OF 1979, 1979 PA 94, MCL 388.1601 TO 388.1896, IS LESS THAN THE FOUNDATION ALLOWANCE FOR THE SCHOOL DISTRICT IN THE STATE FISCAL YEAR IN WHICH THE LOAN WAS AUTHORIZED.
(B) FOR A MUNICIPALITY OTHER THAN A SCHOOL DISTRICT, IN A STATE FISCAL YEAR AFTER THE STATE FISCAL YEAR IN WHICH THE LOAN TO THE MUNICIPALITY WAS AUTHORIZED BY THE BOARD, STATUTORY REVENUE SHARING FOR THE MUNICIPALITY UNDER THE GLENN STEIL STATE REVENUE SHARING ACT OF 1971, 1971 PA 140, MCL 141.901 TO 141.921, COMBINED WITH ANY ECONOMIC VITALITY INCENTIVE PROGRAM MONEY PAYABLE TO THE MUNICIPALITY IS LESS THAN THE STATUTORY REVENUE SHARING FOR THE MUNICIPALITY COMBINED WITH ANY ECONOMIC VITALITY INCENTIVE PROGRAM MONEY PAYABLE TO THE MUNICIPALITY IN THE STATE FISCAL YEAR IN WHICH THE LOAN WAS AUTHORIZED.
(C) THE MUNICIPALITY IS IN COMPLIANCE WITH THE TERMS OF THE LOAN AND ANY OTHER REQUIREMENTS APPLICABLE TO THE MUNICIPALITY UNDER THIS ACT.
(D) THE MUNICIPALITY IS IN COMPLIANCE WITH ANY REQUIREMENTS RELATING TO A DEFICIT ELIMINATION PLAN UNDER STATE LAW.
(E) THE MUNICIPALITY IS IN COMPLIANCE WITH ANY APPLICABLE CONSENT AGREEMENT OR ORDER OF AN EMERGENCY MANAGER UNDER THE LOCAL GOVERNMENT AND SCHOOL DISTRICT FISCAL ACCOUNTABILITY ACT, 2011 PA 4, MCL 141.1501 TO 141.1531.
(F) FOR A MUNICIPALITY THAT IS A SCHOOL DISTRICT, THE SCHOOL DISTRICT IS IN COMPLIANCE WITH ALL REQUIREMENTS FOR RECEIPT OF THE FOUNDATION ALLOWANCE AND ANY OTHER REQUIREMENTS APPLICABLE TO THE SCHOOL DISTRICT UNDER THE STATE SCHOOL AID ACT OF 1979, 1979 PA 94, MCL 388.1601 TO 388.1896.
(G) FOR A MUNICIPALITY OTHER THAN A SCHOOL DISTRICT, THE MUNICIPALITY IS IN COMPLIANCE WITH ALL CONDITIONS FOR ECONOMIC VITALITY INCENTIVE PROGRAM MONEY OR STATUTORY REVENUE SHARING OR OTHER REQUIREMENTS APPLICABLE TO THE MUNICIPALITY UNDER THE GLENN STEIL STATE REVENUE SHARING ACT OF 1971, 1971 PA 140, MCL 141.901 TO 141.921.
(H) THE RESTRUCTURING OF PAYMENTS COMPLIES WITH APPLICABLE LAW.
(I) THE LOAN HAS NOT BEEN SOLD OR TRANSFERRED UNDER SECTION 6A.” and renumbering the remaining subsection.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. McMillin moved to amend the bill as follows:
1. Amend page 21, following line 12, by inserting:
“SEC. 7A. EXCEPT FOR ANY PAY INCREASES AUTHORIZED UNDER A COLLECTIVE BARGAINING AGREEMENT OR OTHER CONTRACT THAT IS IN EFFECT FOR A GROUP OF EMPLOYEES OF A MUNICIPALITY ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION, A MUNICIPALITY SHALL NOT HAVE AN OUTSTANDING BALANCE ON A LOAN AUTHORIZED UNDER THIS ACT IF THAT MUNICIPALITY PROVIDES ANY PAY INCREASES TO EMPLOYEES OF THAT MUNICIPALITY DURING THE TERM OF THE LOAN.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. McMillin moved to amend the bill as follows:
1. Amend page 21, following line 7, by inserting:
“(I) COMPLY WITH THE REQUIREMENTS OF BOTH OF THE FOLLOWING:
(i) SECTION 3 OR 4 OF THE PUBLICLY FUNDED HEALTH INSURANCE CONTRIBUTION ACT, 2011 PA 152, MCL 15.563 AND 15.564.
(ii) SECTION 5 OF THE PUBLICLY FUNDED HEALTH INSURANCE CONTRIBUTION ACT, 2011 PA 152, MCL 15.565.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Denby moved to amend the bill as follows:
1. Amend page 10, line 4, after “(8)” by striking out “Revenue” and inserting “EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, REVENUE”.
2. Amend page 10, line 6, after “MCL 21.141” by striking out the balance of the subsection and inserting a period and “ALTERNATIVELY, FOR A SCHOOL DISTRICT, REVENUE FOR A LOAN MADE UNDER THIS ACT MAY BE PROVIDED FROM MONEY ADVANCED TO THE SCHOOL DISTRICT BY THIS STATE FROM MONEY APPROPRIATED FROM THE STATE SCHOOL AID FUND ESTABLISHED UNDER SECTION 11 OF ARTICLE IX OF THE STATE CONSTITUTION OF 1963 AND PAYABLE TO THE SCHOOL DISTRICT UNDER THE STATE SCHOOL AID ACT OF 1979, 1979 PA 94, MCL 388.1601 TO 388.1896.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Poleski moved to amend the bill as follows:
1. Amend page 14, line 20, after “not” by striking out the balance of the subsection and inserting “BE LESS THAN THE MUNICIPAL 10 YEAR RATE AS DETERMINED BY THE STATE TREASURER. THE BOARD MAY CONSIDER A HIGHER INTEREST RATE BASED ON BOTH THE MARKET INTEREST RATES AND THE RISK OF THE MUNICIPALITY REQUESTING THE LOAN.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Pscholka moved to amend the bill as follows:
1. Amend page 13, line 9, after “a” by striking out “long-range” and inserting “5-YEAR”.
2. Amend page 13, line 10, after “municipality,” by striking out the balance of the line through the second “to” on line 11 and inserting “AND THAT WILL”.
3. Amend page 20, line 2, after the second “the” by striking out “long-range” and inserting “5-YEAR”.
4. Amend page 21, following line 7, by inserting:
“(2) IF THE STATE TREASURER DETERMINES THAT A MUNICIPALITY IS NOT IN COMPLIANCE WITH ALL OF THE REQUIREMENTS UNDER SUBSECTION (1) AND WITH THE 5-YEAR PLAN SUBMITTED UNDER SECTION 4(1), THE STATE TREASURER MAY MODIFY THE TERMS OF THE LOAN TO REQUIRE A HIGHER INTEREST RATE OR TO ACCELERATE THE REPAYMENT OF THE LOAN.” and renumbering the remaining subsections.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Denby moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5567, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1211 and 1216 (MCL 380.1211 and 380.1216), section 1211 as amended by 2011 PA 317 and section 1216 as amended by 2003 PA 299.
The bill was read a second time.
Rep. Pscholka moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5568, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 15 (MCL 388.1615), as amended by 2011 PA 62.
The bill was read a second time.
Rep. Hughes moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5569, entitled
A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 1987 PA 284.
The bill was read a second time.
Rep. Ouimet moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5570, entitled
A bill to amend 1985 PA 227, entitled “Shared credit rating act,” by amending sections 3, 7, 8, and 13 (MCL 141.1053, 141.1057, 141.1058, and 141.1063), sections 3, 7, and 8 as amended by 2005 PA 93 and section 13 as amended by 1997 PA 27.
The bill was read a second time.
Rep. Rogers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Rep. Stamas moved that House Bill No. 5363 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5363, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11506 (MCL 324.11506), as amended by 2010 PA 345.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 387 Yeas—107
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Graves Lori Rutledge
Bledsoe Greimel 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 Nathan Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Damrow Irwin Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Jenkins Olumba Tlaib
Dillon Johnson Opsommer Townsend
Durhal Kandrevas Ouimet Tyler
Farrington Knollenberg Outman Walsh
Forlini Kowall Pettalia Womack
Foster Kurtz Poleski Yonker
Franz LaFontaine Potvin Zorn
Genetski Lane Price
Nays—0
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. Stamas moved that House Bill No. 5592 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5592, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4012 (MCL 600.4012), as amended by 1996 PA 10.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 388 Yeas—107
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Graves Lori Rutledge
Bledsoe Greimel 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 Nathan Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Damrow Irwin Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Jenkins Olumba Tlaib
Dillon Johnson Opsommer Townsend
Durhal Kandrevas Ouimet Tyler
Farrington Knollenberg Outman Walsh
Forlini Kowall Pettalia Womack
Foster Kurtz Poleski Yonker
Franz LaFontaine Potvin Zorn
Genetski Lane Price
Nays—0
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. Stamas moved that House Bill No. 5560 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5560, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 169 (MCL 750.169).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 389 Yeas—97
Agema Goike Liss Rendon
Ananich Graves Lori Rogers
Bauer Greimel Lund Rutledge
Bledsoe Haines Lyons Santana
Bolger Hammel MacGregor Schmidt, R.
Brunner Haugh MacMaster Schmidt, W.
Bumstead Haveman McBroom Segal
Byrum Heise McCann Shaughnessy
Callton Hobbs McMillin Shirkey
Clemente Hooker Meadows Slavens
Constan Horn Moss Smiley
Cotter Hovey-Wright Muxlow Somerville
Crawford Howze Nesbitt Stamas
Daley Hughes O’Brien Stanley
Damrow Huuki Oakes Stapleton
Darany Jacobsen Olson Switalski
Denby Jenkins Opsommer Talabi
Dillon Johnson Ouimet Tlaib
Farrington Knollenberg Outman Townsend
Forlini Kowall Pettalia Tyler
Foster Kurtz Poleski Walsh
Franz LaFontaine Potvin Womack
Genetski Lane Price Yonker
Gilbert LeBlanc Pscholka Zorn
Glardon
Nays—10
Barnett Durhal Lipton Olumba
Brown Irwin Nathan Stallworth
Cavanagh Kandrevas
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. Cavanagh, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted NO because the bill stated
A PERSON SHALL NOT DO ANY OF THE
FOLLOWING:
(A) ENTER OR ATTEMPT TO ENTER ANY PRIVATE PROPERTY WHERE THE PERSON KNOWS PEOPLE ARE MEETING OR ARE INTENDING TO MEET IN THE PURSUIT OF THEIR FREE EXERCISE OF RELIGION WITH THE INTENT TO DISRUPT
Although I believe that America stands for Religios freedom the bill states that someone can be prosecuted for ‘the intent to disrupt’. Are we now legislating for what is in someone’s thoughts?”
Rep. Stamas moved that House Bill No. 5246 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5246, entitled
A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2, 4, 11b, 12, 12a, 12c, and 12c (MCL 125.2152, 125.2154, 125.2161b, 125.2162, 125.2162a, 125.2162c, and 125.2162c[1]), section 2 as amended by 2010 PA 376, sections 4 and 12 as amended and section 12c as added by 2010 PA 276, section 11b as amended by 2010 PA 127, and section 12a as amended and section 12c as added by 2009 PA 162.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 390 Yeas—87
Ananich Glardon Liss Rutledge
Barnett Graves Lori Santana
Bauer Greimel Lyons Schmidt, R.
Bledsoe Haines MacGregor Schmidt, W.
Bolger Hammel McBroom Segal
Brown Haugh McCann Shaughnessy
Brunner Haveman Meadows Shirkey
Byrum Heise Muxlow Slavens
Callton Hobbs Nathan Smiley
Cavanagh Horn O’Brien Stallworth
Clemente Hovey-Wright Oakes Stamas
Constan Howze Olson Stanley
Cotter Hughes Olumba Stapleton
Crawford Huuki Opsommer Switalski
Daley Jacobsen Ouimet Talabi
Damrow Jenkins Outman Tlaib
Darany Kandrevas Pettalia Townsend
Denby Kowall Potvin Tyler
Dillon Kurtz Price Walsh
Durhal Lane Pscholka Womack
Foster LeBlanc Rendon Zorn
Gilbert Lipton Rogers
Nays—20
Agema Genetski Knollenberg Moss
Bumstead Goike LaFontaine Nesbitt
Farrington Hooker Lund Poleski
Forlini Irwin MacMaster Somerville
Franz Johnson McMillin Yonker
In The Chair: O’Brien
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2, 3, 4, 11b, 12, 12a, 12c, and 12c (MCL 125.2152, 125.2153, 125.2154, 125.2161b, 125.2162, 125.2162a, 125.2162c, and 125.2162c[1]), section 2 as amended by 2010 PA 376, sections 3, 4, and 12 as amended and section 12c as added by 2010 PA 276, section 11b as amended by 2010 PA 127, and section 12a as amended and section 12c as added by 2009 PA 162.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5424 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5424, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 722 and 724 (MCL 257.722 and 257.724), section 722 as amended by 2009 PA 146 and section 724 as amended by 2009 PA 169.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 391 Yeas—97
Agema Glardon LaFontaine Potvin
Ananich Goike Lane Price
Bauer Graves Liss Pscholka
Bolger Greimel Lori Rendon
Brunner Haines Lund Rogers
Bumstead Hammel Lyons Rutledge
Byrum Haugh MacGregor Schmidt, R.
Callton Haveman MacMaster Schmidt, W.
Cavanagh Heise McBroom Segal
Clemente Hobbs McCann Shaughnessy
Constan Hooker McMillin Shirkey
Cotter Horn Meadows Smiley
Crawford Hovey-Wright Moss Somerville
Daley Howze Muxlow Stallworth
Damrow Hughes Nathan Stamas
Darany Huuki Nesbitt Stanley
Denby Irwin O’Brien Stapleton
Dillon Jacobsen Oakes Switalski
Durhal Jenkins Olson Talabi
Farrington Johnson Opsommer Townsend
Forlini Kandrevas Ouimet Tyler
Foster Knollenberg Outman Walsh
Franz Kowall Pettalia Yonker
Genetski Kurtz Poleski Zorn
Gilbert
Nays—10
Barnett LeBlanc Santana Tlaib
Bledsoe Lipton Slavens Womack
Brown Olumba
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.
Reps. Brunner, Bumstead, Callton, Crawford, Damrow, Durhal, Genetski, Horn, Hughes, Huuki, Jenkins, Lane, MacMaster, Opsommer, Potvin, Price, Roy Schmidt, Wayne Schmidt, Tyler, Walsh and Yonker were named co‑sponsors of the bill.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Stamas moved that Rule 3(4) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Third Reading of Bills
Rep. Stamas moved that House Bill No. 5566 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5566, entitled
A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending the title and sections 1, 2, 3, 4, 5, 6, and 7 (MCL 141.931, 141.932, 141.933, 141.934, 141.935, 141.936, and 141.937), the title as amended by 1988 PA 198, section 1 as amended by 2007 PA 178, sections 2, 3, 6, and 7 as amended by 1998 PA 528, and sections 4 and 5 as amended by 2007 PA 198, and by adding section 6a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 392 Yeas—73
Bolger Haines Lyons Pscholka
Bumstead Haugh MacGregor Rendon
Callton Haveman MacMaster Rogers
Clemente Heise McBroom Rutledge
Constan Horn McCann Schmidt, R.
Crawford Hovey-Wright Moss Schmidt, W.
Daley Hughes Muxlow Shaughnessy
Damrow Huuki Nesbitt Shirkey
Darany Jacobsen O’Brien Somerville
Denby Jenkins Oakes Stamas
Dillon Johnson Olson Stapleton
Durhal Knollenberg Opsommer Talabi
Farrington Kowall Ouimet Tlaib
Forlini Kurtz Outman Tyler
Genetski Lane Pettalia Walsh
Gilbert LeBlanc Poleski Womack
Glardon Lori Potvin Yonker
Goike Lund Price Zorn
Graves
Nays—34
Agema Cotter Kandrevas Santana
Ananich Foster LaFontaine Segal
Barnett Franz Lipton Slavens
Bauer Greimel Liss Smiley
Bledsoe Hammel McMillin Stallworth
Brown Hobbs Meadows Stanley
Brunner Hooker Nathan Switalski
Byrum Howze Olumba Townsend
Cavanagh Irwin
In The Chair: O’Brien
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending the title and sections 1, 2, 3, 4, 5, 6, and 7 (MCL 141.931, 141.932, 141.933, 141.934, 141.935, 141.936, and 141.937), the title as amended by 1988 PA 198, section 1 as amended by 2007 PA 178, sections 2, 3, 6, and 7 as amended by 1998 PA 528, and sections 4 and 5 as amended by 2007 PA 198, and by adding sections 3a and 6a.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Associate Speaker Pro Tempore O’Brien called Associate Speaker Pro Tempore Opsommer to the Chair.
Rep. Stamas moved that House Bill No. 5567 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5567, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1211 and 1216 (MCL 380.1211 and 380.1216), section 1211 as amended by 2011 PA 317 and section 1216 as amended by 2003 PA 299.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 393 Yeas—77
Ananich Greimel Lyons Pscholka
Bolger Haines MacGregor Rendon
Brunner Haugh MacMaster Rogers
Bumstead Haveman McBroom Rutledge
Callton Heise McCann Schmidt, R.
Cavanagh Horn Moss Schmidt, W.
Clemente Hughes Muxlow Shaughnessy
Crawford Huuki Nathan Shirkey
Daley Jacobsen Nesbitt Smiley
Damrow Jenkins O’Brien Somerville
Denby Johnson Oakes Stallworth
Dillon Kandrevas Olson Stamas
Durhal Knollenberg Opsommer Stanley
Farrington Kowall Ouimet Stapleton
Forlini Kurtz Outman Talabi
Genetski Lane Pettalia Tyler
Gilbert LeBlanc Poleski Walsh
Glardon Lori Potvin Yonker
Goike Lund Price Zorn
Graves
Nays—30
Agema Darany Irwin Santana
Barnett Foster LaFontaine Segal
Bauer Franz Lipton Slavens
Bledsoe Hammel Liss Switalski
Brown Hobbs McMillin Tlaib
Byrum Hooker Meadows Townsend
Constan Hovey-Wright Olumba Womack
Cotter Howze
In The Chair: Opsommer
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. Segal moved that Rep. Durhal be excused temporarily from today’s session.
The motion prevailed.
Rep. Stamas moved that House Bill No. 5568 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5568, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 15 (MCL 388.1615), as amended by 2011 PA 62.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 394 Yeas—72
Ananich Graves Lori Potvin
Bolger Greimel Lund Price
Brunner Haines Lyons Pscholka
Bumstead Haugh MacGregor Rendon
Callton Haveman MacMaster Rogers
Cavanagh Heise McBroom Rutledge
Clemente Horn McCann Schmidt, R.
Crawford Hughes Moss Schmidt, W.
Daley Huuki Muxlow Shaughnessy
Damrow Jacobsen Nathan Shirkey
Denby Jenkins Nesbitt Somerville
Dillon Johnson O’Brien Stamas
Farrington Kandrevas Olson Stanley
Forlini Knollenberg Opsommer Stapleton
Genetski Kowall Ouimet Tyler
Gilbert Kurtz Outman Walsh
Glardon Lane Pettalia Yonker
Goike LeBlanc Poleski Zorn
Nays—34
Agema Foster Lipton Slavens
Barnett Franz Liss Smiley
Bauer Hammel McMillin Stallworth
Bledsoe Hobbs Meadows Switalski
Brown Hooker Oakes Talabi
Byrum Hovey-Wright Olumba Tlaib
Constan Howze Santana Townsend
Cotter Irwin Segal Womack
Darany LaFontaine
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5569 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5569, entitled
A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 1987 PA 284.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 395 Yeas—76
Ananich Graves Lund Pscholka
Bolger Haines Lyons Rendon
Brunner Haugh MacGregor Rogers
Callton Haveman McBroom Rutledge
Cavanagh Heise McCann Schmidt, R.
Clemente Horn Moss Schmidt, W.
Constan Hovey-Wright Muxlow Shaughnessy
Crawford Hughes Nathan Shirkey
Daley Huuki Nesbitt Smiley
Damrow Jacobsen O’Brien Somerville
Denby Jenkins Oakes Stallworth
Dillon Johnson Olson Stamas
Durhal Kandrevas Opsommer Stanley
Farrington Knollenberg Ouimet Stapleton
Forlini Kowall Outman Talabi
Genetski Kurtz Pettalia Tyler
Gilbert Lane Poleski Walsh
Glardon LeBlanc Potvin Yonker
Goike Lori Price Zorn
Nays—31
Agema Darany Irwin Santana
Barnett Foster LaFontaine Segal
Bauer Franz Lipton Slavens
Bledsoe Greimel Liss Switalski
Brown Hammel MacMaster Tlaib
Bumstead Hobbs McMillin Townsend
Byrum Hooker Meadows Womack
Cotter Howze Olumba
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5570 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5570, entitled
A bill to amend 1985 PA 227, entitled “Shared credit rating act,” by amending sections 3, 7, 8, and 13 (MCL 141.1053, 141.1057, 141.1058, and 141.1063), sections 3, 7, and 8 as amended by 2005 PA 93 and section 13 as amended by 1997 PA 27.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 396 Yeas—76
Ananich Graves Lori Price
Bolger Greimel Lund Pscholka
Brunner Haines Lyons Rendon
Callton Haugh MacGregor Rogers
Cavanagh Haveman McBroom Rutledge
Clemente Heise McCann Schmidt, R.
Constan Horn Moss Schmidt, W.
Crawford Hovey-Wright Muxlow Shaughnessy
Daley Hughes Nathan Shirkey
Damrow Huuki Nesbitt Smiley
Denby Jacobsen O’Brien Somerville
Dillon Jenkins Oakes Stamas
Durhal Johnson Olson Stanley
Farrington Kandrevas Opsommer Stapleton
Forlini Knollenberg Ouimet Talabi
Genetski Kowall Outman Tyler
Gilbert Kurtz Pettalia Walsh
Glardon Lane Poleski Yonker
Goike LeBlanc Potvin Zorn
Nays—31
Agema Darany LaFontaine Segal
Barnett Foster Lipton Slavens
Bauer Franz Liss Stallworth
Bledsoe Hammel MacMaster Switalski
Brown Hobbs McMillin Tlaib
Bumstead Hooker Meadows Townsend
Byrum Howze Olumba Womack
Cotter Irwin Santana
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5658 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5658, entitled
A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending sections 2 and 6 (MCL 800.322 and 800.326), section 2 as amended by 1996 PA 537 and section 6 as amended by 2010 PA 308.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 397 Yeas—63
Agema Goike Lori Poleski
Bolger Graves Lund Potvin
Bumstead Haines Lyons Price
Callton Haveman MacGregor Pscholka
Cotter Heise MacMaster Rendon
Crawford Hooker McBroom Rogers
Daley Horn McMillin Schmidt, W.
Damrow Hughes Moss Shaughnessy
Denby Huuki Muxlow Shirkey
Farrington Jacobsen Nesbitt Somerville
Forlini Jenkins O’Brien Stamas
Foster Johnson Olson Tyler
Franz Knollenberg Opsommer Walsh
Genetski Kowall Ouimet Yonker
Gilbert Kurtz Outman Zorn
Glardon LaFontaine Pettalia
Nays—44
Ananich Dillon LeBlanc Segal
Barnett Durhal Lipton Slavens
Bauer Greimel Liss Smiley
Bledsoe Hammel McCann Stallworth
Brown Haugh Meadows Stanley
Brunner Hobbs Nathan Stapleton
Byrum Hovey-Wright Oakes Switalski
Cavanagh Howze Olumba Talabi
Clemente Irwin Rutledge Tlaib
Constan Kandrevas Santana Townsend
Darany Lane Schmidt, R. Womack
In The Chair: Opsommer
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending sections 2, 6, and 7a (MCL 800.322, 800.326, and 800.327a), section 2 as amended and section 7a as added by 1996 PA 537 and section 6 as amended by 2010 PA 308.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5629 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5629, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1230d, 1535a, and 1539b (MCL 380.1230d, 380.1535a, and 380.1539b), as amended by 2006 PA 680.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 398 Yeas—107
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Graves Lori Rutledge
Bledsoe Greimel 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 Nathan Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Damrow Irwin Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Jenkins Olumba Tlaib
Dillon Johnson Opsommer Townsend
Durhal Kandrevas Ouimet Tyler
Farrington Knollenberg Outman Walsh
Forlini Kowall Pettalia Womack
Foster Kurtz Poleski Yonker
Franz LaFontaine Potvin Zorn
Genetski Lane Price
Nays—0
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5630 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5630, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1711 and 1751 (MCL 380.1711 and 380.1751), as amended by 2008 PA 1; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 399 Yeas—107
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Graves Lori Rutledge
Bledsoe Greimel 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 Nathan Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Damrow Irwin Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Jenkins Olumba Tlaib
Dillon Johnson Opsommer Townsend
Durhal Kandrevas Ouimet Tyler
Farrington Knollenberg Outman Walsh
Forlini Kowall Pettalia Womack
Foster Kurtz Poleski Yonker
Franz LaFontaine Potvin Zorn
Genetski Lane Price
Nays—0
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5631 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5631, entitled
A bill to repeal 1966 PA 156, entitled “An act to provide state scholarships for students in the field of special education; and to make an appropriation therefor,” (MCL 388.1051 to 388.1055).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 400 Yeas—107
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Graves Lori Rutledge
Bledsoe Greimel 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 Nathan Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Damrow Irwin Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Jenkins Olumba Tlaib
Dillon Johnson Opsommer Townsend
Durhal Kandrevas Ouimet Tyler
Farrington Knollenberg Outman Walsh
Forlini Kowall Pettalia Womack
Foster Kurtz Poleski Yonker
Franz LaFontaine Potvin Zorn
Genetski Lane Price
Nays—0
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5632 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5632, entitled
A bill to repeal 1982 PA 26, entitled “An act to provide for emergency financial assistance for certain school districts; to prescribe certain powers and duties of intermediate school boards, local school boards, the state board of education, the state treasurer, and the auditor general; to create an emergency loan revolving fund; to make an appropriation; and to prescribe penalties,” (MCL 388.811 to 388.829).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 401 Yeas—107
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Graves Lori Rutledge
Bledsoe Greimel 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 Nathan Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Damrow Irwin Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Jenkins Olumba Tlaib
Dillon Johnson Opsommer Townsend
Durhal Kandrevas Ouimet Tyler
Farrington Knollenberg Outman Walsh
Forlini Kowall Pettalia Womack
Foster Kurtz Poleski Yonker
Franz LaFontaine Potvin Zorn
Genetski Lane Price
Nays—0
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5633 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5633, entitled
A bill to repeal 1931 PA 205, entitled “An act to require the teaching of civics and political science in high schools, county normals and colleges, to prohibit the granting of diplomas, and degrees to students not successfully completing said courses, and to provide penalties for the violation thereof,” (MCL 388.372).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 402 Yeas—107
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Graves Lori Rutledge
Bledsoe Greimel 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 Nathan Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Damrow Irwin Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Jenkins Olumba Tlaib
Dillon Johnson Opsommer Townsend
Durhal Kandrevas Ouimet Tyler
Farrington Knollenberg Outman Walsh
Forlini Kowall Pettalia Womack
Foster Kurtz Poleski Yonker
Franz LaFontaine Potvin Zorn
Genetski Lane Price
Nays—0
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5634 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5634, entitled
A bill to repeal 1974 PA 299, entitled “Education for the gifted and/or academically talented act,” (MCL 388.1091 to 388.1094).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 403 Yeas—107
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Graves Lori Rutledge
Bledsoe Greimel 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 Nathan Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Damrow Irwin Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Jenkins Olumba Tlaib
Dillon Johnson Opsommer Townsend
Durhal Kandrevas Ouimet Tyler
Farrington Knollenberg Outman Walsh
Forlini Kowall Pettalia Womack
Foster Kurtz Poleski Yonker
Franz LaFontaine Potvin Zorn
Genetski Lane Price
Nays—0
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5635 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5635, entitled
A bill to repeal 1964 PA 238, entitled “An act to authorize the state of Michigan, boards of supervisors, local governing boards and school districts to appropriate moneys to foster and maintain demonstration educational and work experience programs through a special job upgrading program for unemployed, out of work, school dropouts; define the powers and duties of the superintendent of public instruction; and to provide for appropriations,” (MCL 395.171 to 395.175).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 404 Yeas—107
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Graves Lori Rutledge
Bledsoe Greimel 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 Nathan Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Damrow Irwin Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Jenkins Olumba Tlaib
Dillon Johnson Opsommer Townsend
Durhal Kandrevas Ouimet Tyler
Farrington Knollenberg Outman Walsh
Forlini Kowall Pettalia Womack
Foster Kurtz Poleski Yonker
Franz LaFontaine Potvin Zorn
Genetski Lane Price
Nays—0
In The Chair: Opsommer
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. Segal moved that Rep. Olumba be excused temporarily from today’s session.
The motion prevailed.
Rep. Stamas moved that House Bill No. 5636 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5636, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1277 (MCL 380.1277), as amended by 1997 PA 179; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 405 Yeas—106
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Graves Lori Rutledge
Bledsoe Greimel 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 Nathan Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Damrow Irwin Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Jenkins Opsommer Tlaib
Dillon Johnson Ouimet Townsend
Durhal Kandrevas Outman Tyler
Farrington Knollenberg Pettalia Walsh
Forlini Kowall Poleski Womack
Foster Kurtz Potvin Yonker
Franz LaFontaine Price Zorn
Genetski Lane
Nays—0
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The question being on the motion made by Rep. Stamas,
Rep. Segal demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stamas,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 406 Yeas—105
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Graves Lori Rutledge
Bledsoe Greimel 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 Nathan Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Damrow Irwin Oakes Switalski
Darany Jacobsen Olson Talabi
Denby Jenkins Opsommer Tlaib
Dillon Johnson Ouimet Townsend
Durhal Knollenberg Outman Tyler
Farrington Kowall Pettalia Walsh
Forlini Kurtz Poleski Womack
Foster LaFontaine Potvin Yonker
Franz Lane Price Zorn
Genetski
Nays—1
Kandrevas
In The Chair: Opsommer
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 193, entitled
A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending sections 2, 4, 8, 12, 17, and 18 (MCL 28.452, 28.454, 28.458, 28.462, 28.467, and 28.468) and by adding sections 17a, 18a, 18b, and 18c.
The Senate has passed the bill.
The bill was read a first time by its title.
Pending the reference of the bill to a committee,
Rep. Stamas moved that Rules 41 and 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Stamas moved that the bill be placed on the order of Second Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Stamas moved that the Committee on Judiciary be discharged from further consideration of House Bill No. 5454.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
Pending the Second Reading of
House Bill No. 5454, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 751.
Rep. Stamas moved that the bill be referred to the Committee on Transportation.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 265.
A resolution to memorialize Congress and the President of the United States to continue funding for the Microbiological Data Program in the FY 2013 federal budget.
(For text of resolution, see House Journal No. 47, p. 835.)
(The resolution was reported by the Committee on Agriculture on June 6.)
The question being on the adoption of the resolution,
The resolution was adopted.
Third Reading of Bills
The House returned to the consideration of
House Bill No. 5688, entitled
A bill to provide for the creation of certain lighting authorities for the purpose of operating lighting systems; to provide for the powers and duties of the authorities; to provide for the conveyance of operational jurisdiction over certain operations to authorities; to provide for the assumption of certain contracts, bonds, notes, and other evidences of indebtedness and liabilities related to the provision of lighting authorities; to authorize expenditures from certain funds; to finance the acquisition of property and the development of certain public improvements or related facilities; to provide for the issuance of bonds and notes; to authorize certain investments; and to impose certain powers and duties upon state and local departments, agencies, and officers.
(The bill was considered earlier today, see today’s Journal, p. 1691.)
The question being on the passage of the bill,
Rep. Walsh moved to amend the bill as follows:
1. Amend page 16, following line 1, by inserting:
“Sec. 20. (1) A local government has the responsibility, authority, and right to manage and direct on behalf of the public the services performed or exercised as provided in the articles of incorporation to the extent the articles of incorporation are consistent with, and not otherwise limited by, this act.
(2) The contents or language of the articles of incorporation under this act shall be a permissive subject of collective bargaining between a local government and a bargaining representative of its employees. If a local government and a bargaining representative of its employees engage in collective bargaining before the articles of incorporation are approved and that local government and that bargaining representative reach an agreement on issues that would obligate an entity that will function as an employer in the authority, the articles of incorporation shall include those obligations.
(3) Nothing in this act creates an employment relationship between the existing employees of a local government and the proposed authority.
(4) An authority is effective through its articles of incorporation at least 180 days before the actual transfer of personnel and equipment. Before the authority’s effective date, the local government shall affirm in writing to the authority those employees, if any, who will be transferred to the authority.
(5) If any employees who are transferred to the authority are represented by a labor organization, those employees are subject to their previous terms and conditions of employment until those terms and conditions of employment are modified in accordance with 1947 PA 336, MCL 423.201 to 423.217, or for 6 months after the transfer to the authority, whichever is earlier. Negotiations on a collective bargaining agreement with an authority shall begin no later than 180 days before the date the employees, if any, transfer to the authority.
(6) Subject to subsection (7), a representative of the employees or group of employees who previously represented or was entitled to represent the employees or group of employees under 1947 PA 336, MCL 423.201 to 423.217, shall continue to represent the employees or group of employees if those employees or group of employees are transferred to the authority.
(7) This section does not limit the rights of employees, under applicable law, to assert that a bargaining representative protected by subsection (6) is no longer their representative. The employees of the authority are eligible as of the day the authority becomes effective through its articles of incorporation to choose their representative under 1947 PA 336, MCL 423.201 to 423.217. This subsection does not extend the time limits as provided in subsection (4).
(8) If multiple labor organizations assert the right to represent all or part of the authority’s workforce or where a substantial portion of the transferred employees were not previously represented, in the absence of a voluntary mutual agreement, at the request of any party or on the initiative of the Michigan employment relations commission, the Michigan employment relations commission shall conduct a representation election.
(9) In the absence of a voluntary mutual agreement, the authority’s workforce shall be merged by using a single seniority list for each of the same or similar classifications. The single seniority list shall be composed of all employees from the local government employed or having recall rights on the date of transfer and shall be used for purposes that include, but are not limited to, initial assignments, layoffs, recalls, and job bidding. Disputes concerning the single seniority list or use of the single seniority list shall be heard by a single arbitrator appointed by the Michigan employment relations commission.
(10) Nothing in this section requires a local government or an authority to assume a collective bargaining agreement between another local government and its employees.
(11) An employee who left the employ of the local government to enter the military service of the United States shall have the same employment rights as to the local government or the authority as he or she would have had under 1951 PA 263, MCL 35.351 to 35.356.
(12) This section only applies to an authority that only has 1 local government with a population of 600,000 or more as a member.”.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 407 Yeas—79
Agema Foster Lane Price
Ananich Genetski LeBlanc Rendon
Barnett Gilbert Lipton Rogers
Bauer Glardon Liss Rutledge
Bledsoe Graves Lori Schmidt, R.
Bolger Greimel Lund Schmidt, W.
Brunner Haines Lyons Segal
Byrum Hammel MacMaster Shaughnessy
Cavanagh Haugh McBroom Somerville
Clemente Haveman McCann Stallworth
Constan Hobbs McMillin Stamas
Cotter Horn Meadows Stanley
Daley Hovey-Wright Moss Stapleton
Damrow Howze O’Brien Switalski
Darany Irwin Oakes Talabi
Denby Jacobsen Olson Townsend
Dillon Jenkins Ouimet Walsh
Durhal Kandrevas Outman Yonker
Farrington Knollenberg Pettalia Zorn
Forlini Kowall Poleski
Nays—27
Brown Hooker Muxlow Shirkey
Bumstead Hughes Nathan Slavens
Callton Huuki Nesbitt Smiley
Crawford Johnson Opsommer Tlaib
Franz Kurtz Potvin Tyler
Goike LaFontaine Pscholka Womack
Heise MacGregor Santana
In The Chair: Opsommer
The House agreed to the title of the bill.
______
Rep. Womack, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
This bill was rushed without pertinent questions answered. Questions concerning the tax on Detroiters that will have their lights taken off the grid or who have lights that will not be repaired, a debt services for twenty years that could result in additional taxes to all residents although all residents will not have lights by design. No relief identified for residents that may and should be relocated...”
Rep. Stamas moved that the bill be given immediate effect.
The question being on the motion made by Rep. Stamas,
Rep. Segal demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stamas,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 408 Yeas—77
Ananich Gilbert Lipton Price
Barnett Glardon Liss Rendon
Bauer Graves Lori Rogers
Bledsoe Greimel Lund Rutledge
Bolger Haines Lyons Schmidt, R.
Brunner Hammel MacMaster Schmidt, W.
Byrum Haugh McBroom Segal
Cavanagh Haveman McCann Shaughnessy
Clemente Hobbs McMillin Somerville
Constan Horn Meadows Stallworth
Daley Hovey-Wright Moss Stamas
Damrow Howze O’Brien Stanley
Darany Irwin Oakes Stapleton
Denby Jenkins Olson Switalski
Dillon Kandrevas Opsommer Talabi
Durhal Knollenberg Ouimet Townsend
Farrington Kowall Outman Walsh
Forlini Lane Pettalia Yonker
Foster LeBlanc Poleski Zorn
Genetski
Nays—29
Agema Heise LaFontaine Santana
Brown Hooker MacGregor Shirkey
Bumstead Hughes Muxlow Slavens
Callton Huuki Nathan Smiley
Cotter Jacobsen Nesbitt Tlaib
Crawford Johnson Potvin Tyler
Franz Kurtz Pscholka Womack
Goike
In The Chair: Opsommer
Second Reading of Bills
House Bill No. 5705, entitled
A bill to amend 1990 PA 100, entitled “City utility users tax act,” by amending section 2 (MCL 141.1152), as amended by 2011 PA 57, and by adding sections 8a and 8b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Local, Intergovernmental, and Regional Affairs,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Walsh moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Durhal moved to amend the bill as follows:
1. Amend page 7, following line 21, by inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 96th Legislature are enacted into law:
(a) Senate Bill No. 970.
(b) House Bill No. 5688.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Tlaib moved to amend the bill as follows:
1. Amend page 3, line 15, after “NOTWITHSTANDING” by striking out the balance of the subsection and inserting “ANY PROVISION OF THIS SECTION, THIS ACT, ANY LAW, OR ANY ORDINANCE OF A CITY TO THE CONTRARY, A CITY WITH A POPULATION OF MORE THAN 600,000 THAT HAS A PUBLIC LIGHTING DEPARTMENT SHALL ANNUALLY PAY TO THAT PUBLIC LIGHTING DEPARTMENT $12,500,000.00.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Walsh 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. 5705, entitled
A bill to amend 1990 PA 100, entitled “City utility users tax act,” by amending section 2 (MCL 141.1152), as amended by 2011 PA 57, and by adding sections 8a and 8b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 409 Yeas—92
Agema Franz Kowall Outman
Ananich Genetski Kurtz Pettalia
Barnett Gilbert Lane Poleski
Bauer Glardon LeBlanc Potvin
Bledsoe Graves Lipton Price
Bolger Greimel Liss Rendon
Brunner Haines Lori Rogers
Bumstead Hammel Lund Rutledge
Byrum Haugh Lyons Schmidt, R.
Callton Haveman MacGregor Schmidt, W.
Cavanagh Heise MacMaster Segal
Clemente Hobbs McBroom Shaughnessy
Constan Hooker McCann Somerville
Cotter Horn McMillin Stallworth
Daley Hovey-Wright Meadows Stamas
Damrow Howze Moss Stanley
Darany Hughes Muxlow Stapleton
Denby Irwin Nathan Switalski
Dillon Jacobsen O’Brien Talabi
Durhal Jenkins Oakes Townsend
Farrington Johnson Olson Walsh
Forlini Kandrevas Opsommer Yonker
Foster Knollenberg Ouimet Zorn
Nays—14
Brown LaFontaine Shirkey Tlaib
Crawford Nesbitt Slavens Tyler
Goike Pscholka Smiley Womack
Huuki Santana
In The Chair: Opsommer
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1990 PA 100, entitled “City utility users tax act,” by amending section 2 of chapter 1 and sections 2 and 3 of chapter 2 (MCL 141.1152, 141.1162, and 141.1163), section 2 of chapter 1 as amended by 2011 PA 57, and by adding sections 8a and 8b to chapter 1.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, June 6:
Senate Bill Nos. 1168 1169 1170 1171 1172
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, June 7:
House Bill No. 5727
Senate Bill Nos. 1173 1174 1175 1176
The Clerk announced that the following Senate bills had been received on Thursday, June 7:
Senate Bill Nos. 770 771 772 870 871 995 1039 1073 1109 1160
Messages from the Senate
House Bill No. 5477, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 88d, 88f, and 88q (MCL 125.2088d, 125.2088f, and 125.2088q), section 88d as amended by 2008 PA 571, section 88f as added by 2005 PA 225, and section 88q as amended by 2009 PA 144.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 246, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2001 PA 211, and by adding sections 18n, 18o, 18p, 18q, 18r, and 18s to chapter XIIA.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 247, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 498d, 498e, and 498h (MCL 330.1498d, 330.1498e, and 330.1498h), section 498d as amended by 1998 PA 524, section 498e as amended by 1996 PA 588, and section 498h as amended by 2000 PA 57, and by adding sections 1060, 1060a, 1060b, 1060c, 1062, 1064, 1066, 1068, 1070, 1072, and 1074.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 620, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 3, 5, and 1280c (MCL 380.3, 380.5, and 380.1280c), section 3 as amended by 2007 PA 45, section 5 as amended by 2011 PA 232, and section 1280c as amended by 2011 PA 8, and by adding part 6d.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 763, entitled
A bill to amend 1957 PA 185, entitled “An act to authorize the establishing of a department and board of public works in counties; to prescribe the powers and duties of any municipality subject to the provisions of this act; to authorize the incurring of contract obligations and the issuance and payment of bonds or notes; to provide for a pledge by a municipality of its full faith and credit and the levy of taxes without limitation as to rate or amount to the extent necessary; to validate obligations issued; and to prescribe a procedure for special assessments and condemnation,” by amending sections 1, 7, 8, 10, 11, 12, and 14 (MCL 123.731, 123.737, 123.738, 123.740, 123.741, 123.742, and 123.744), sections 11 and 12 as amended by 2002 PA 407.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Senate Bill No. 770, entitled
A bill to amend 2005 PA 92, entitled “School bond qualification, approval, and loan act,” by amending sections 3, 4, 5, 6, 7, 8, 9, 11, 13, 16, and 18 (MCL 388.1923, 388.1924, 388.1925, 388.1926, 388.1927, 388.1928, 388.1929, 388.1931, 388.1933, 388.1936, and 388.1938), section 9 as amended by 2009 PA 50.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 771, entitled
A bill to amend 1961 PA 112, entitled “An act to authorize and provide for the issuance, sale, and refunding of bonds, notes, or commercial paper of the state; to provide funds for making loans to school districts for payment of principal and interest on certain school bonds; to provide for use of moneys repaid to the state by school districts; and to make an appropriation,” by amending sections 1, 2, and 4 (MCL 388.981, 388.982, and 388.984), section 1 as amended by 2000 PA 245 and sections 2 and 4 as amended by 2005 PA 94.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 772, entitled
A bill to amend 1985 PA 227, entitled “Shared credit rating act,” by amending sections 7 and 8 (MCL 141.1057 and 141.1058), as amended by 2005 PA 93.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 809, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 212, 304, 319, 319b, and 904 (MCL 257.212, 257.304, 257.319, 257.319b, and 257.904), section 212 as amended by 2002 PA 534, section 304 as added by 2010 PA 155, section 319 as amended by 2010 PA 267, section 319b as amended by 2011 PA 159, and section 904 as amended by 2008 PA 461.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 859, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1201a (MCL 500.1201a), as added by 2001 PA 228, and by adding chapter 29A.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Insurance.
Senate Bill No. 870, entitled
A bill to amend 2005 PA 92, entitled “School bond qualification, approval, and loan act,” by amending section 6 (MCL 388.1926).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 871, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 895, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6023 (MCL 600.6023), as amended by 1998 PA 61.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 972, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 44 (MCL 211.44), as amended by 2011 PA 126.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 984, entitled
A bill to amend 1969 PA 207, entitled “An act to permit residents to purchase rifles and shotguns in contiguous states and to provide for reciprocity,” by amending sections 1 and 2 (MCL 3.111 and 3.112).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 995, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20934 (MCL 333.20934), as amended by 2000 PA 375.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Insurance.
Senate Bill No. 1031, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 52702 and 52706 (MCL 324.52702 and 324.52706), section 52702 as added by 1995 PA 57 and section 52706 as amended by 2006 PA 179.
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. 1039, entitled
A bill to authorize the state administrative board to exchange certain parcels of property in Jackson county; to prescribe certain conditions for the exchange; and to provide for disposition of revenue derived from the exchange.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 1056, entitled
A bill to amend 1925 PA 289, entitled “An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,” by amending sections 1a, 2, 2a, 3, 3a, and 8 (MCL 28.241a, 28.242, 28.242a, 28.243, 28.243a, and 28.248), sections 1a and 3a as amended and section 8 as added by 2001 PA 187, section 2 as amended by 2001 PA 203, section 2a as added by 2005 PA 310, and section 3 as amended by 2004 PA 222.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1073, entitled
A bill to establish duties of owners or operators of property and their attorneys and agents in evicting a tenant from the property; to provide for the disposal of a tenant’s personal property lawfully removed from property; to provide civil sanctions for the improper removal and disposal of property; and to provide remedies.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
Senate Bill No. 1092, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2803, 2805, 2807, 2811, and 2819 (MCL 600.2803, 600.2805, 600.2807, 600.2811, and 600.2819), as added by 2004 PA 136.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1109, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter IX (MCL 769.12), as amended by 2006 PA 655.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1123, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44 (MCL 125.1444), as amended by 2008 PA 58.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 1124, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 22 (MCL 125.1422), as amended by 2008 PA 449.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 1125, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 32 (MCL 125.1432), as amended by 2008 PA 56.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 1130, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 35301, 35302, 35304, 35305, 35306, 35310, 35311, 35312, 35313, 35316, 35317, 35319, 35320, 35321, 35322, and 35323 (MCL 324.35301, 324.35302, 324.35304, 324.35305, 324.35306, 324.35310, 324.35311, 324.35312, 324.35313, 324.35316, 324.35317, 324.35319, 324.35320, 324.35321, 324.35322, and 324.35323), sections 35301, 35316, and 35317 as amended by 1995 PA 262, sections 35302, 35305, 35306, 35310, 35311, 35312, 35313, 35319, 35320, 35321, 35322, and 35323 as added by 1995 PA 59, and section 35304 as amended by 2004 PA 325, and by adding sections 35311a and 35311b; 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. 1146, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 20a (MCL 257.20a), as added by 1996 PA 404.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 1160, entitled
A bill to provide for restitution for victims of certain mortgage-related crimes; to provide funding for foreclosure-related services, blight elimination, certain programs of the Michigan state housing development authority, educational improvements, and assistance to homeless children and certain veterans; and to provide for the powers and duties of certain state governmental officers and entities.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Energy and Technology from further consideration of House Bill No. 5411.
Rep. McMillin
Explanation of “No” Votes
Rep. Cavanagh, having reserved the right to explain his protest against the passage of House Bill No. 5699, made the following statement:
“Mr. Speaker and members of the House:
This bill simply accelerates roll back of 1/10 of 1% tax cut that will already take effect January 1, 2012 as a by-product of Tax Policy negotiations. The resulting tax cuts from these bills are miniscule compared to the tax increases enacted last year to pay for a significant business tax cut. The income tax rollback amounts to less than a nickel a day. I offered an amendment to HB 5699 to tie-bar this bill to my bill, House Bill 5407, to restore the Michigan Earned Income Tax Credit to 20% of the federal EITC. This is just a political gimmick so politicians can tout granting a tax relief for the upcoming November General Election. Restoring the EITC will provide Michigan’s low-wage worker with the much needed tax break far beyond what this will provide. If we are serious about ‘tax relief’ we would look to really help the working class instead of just rushing through pennies in time for an election.
Even though I opposed House Bill 5699 I voted to grant immediate effect so there would be no delay in families, instead of corporations, receiving whatever money is granted by the majority.
I voted YES on House Bill 5700 because it raises the child exemption. The personal exemption would be multiplied by the number of personal or dependency exemptions allowable on a taxpayer’s federal income tax return. An exemption also reduces the amount of income subject to tax allowing Michigan’s low-wage working families to keep more of their hard earned money.”
Rep. Cavanagh, having reserved the right to explain his protest against the passage of House Bill No. 4753, made the following statement:
“Mr. Speaker and members of the House:
Under Proposal A which was adopted by voters in 1994 a property’s annual taxable value cannot increase by more than inflation or 5%, whichever is less. As a result homeowners are locked into a specified increase each year and are protected from year-to-year fluctuations in their tax bill. When property is transferred or changes hand, its taxable value ‘pops up’ to state equalized value (SEV) which is based on the market value of the property. Due to current housing slumps many properties have very little or no difference between the taxable value and the state equalized value, meaning that there will be little or no ‘pop up’ I voted NO on House Bill 4735 because if the property continues to change hands from family owner to family owner the value of the house will never increase and would be worth the same 100 years from now as it would be in today’s housing market slump. When a house is put up for sale in a neighborhood the value of surround houses are factored in. This could potentially hurt the value of the neighboring homes and force the housing market into another downward spiral. I have said from the day I was privileged to be elected by my District that we had to look at our state’s tax structure as a while; and not just carve out exemptions, and winners and losers.”
Introduction of Bills
Reps. Genetski, Heise, Nesbitt, Hughes, LeBlanc, Franz, McMillin, McBroom, MacGregor, Jacobsen, Daley, Muxlow and Outman introduced
House Bill No. 5728, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1531j.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Jenkins, Agema, Rendon, Lori, Gilbert, Hughes, Genetski, Franz, Lund, McBroom, Glardon, LaFontaine, Lyons, Roy Schmidt, Graves, Kurtz, Bumstead, Potvin, Heise, Haveman, Hooker, Pscholka, Yonker, Opsommer, Zorn, Farrington, O’Brien, Daley, Horn, Price, Knollenberg, MacGregor, Jacobsen, Johnson, Wayne Schmidt, Outman, Shaughnessy, Muxlow, Denby, Goike, Somerville, Callton, Kowall, Huuki, Tyler, Ouimet, Nesbitt, McMillin, MacMaster, Haines, Cotter, Crawford, Moss, Foster, Pettalia, Rogers, Walsh and Stamas introduced
House Bill No. 5729, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2011 PA 38.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Announcements by the Clerk
June 6, 2012
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit of the Office of Services to the Aging’s Community Services Division and State Long Term Care Ombudsman within the Department of Community Health, June 2012.
Gary L. Randall
Clerk of the House
______
Rep. LeBlanc moved that the House adjourn.
The motion prevailed, the time being 8:05 p.m.
Associate Speaker Pro Tempore Opsommer declared the House adjourned until Tuesday, June 12, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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