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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