No. 90

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Thursday, November 3, 2011.

12:00 Noon.

The House was called to order by the Speaker.

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

Agema—present Gilbert—present Lindberg—present Pscholka—present

Ananich—present Glardon—present Lipton—present Rendon—present

Barnett—present Goike—present Liss—present Rogers—present

Bauer—present Haines—present Lori—present Rutledge—present

Bledsoe—present Hammel—present Lund—present Santana—present

Bolger—present Haugh—present Lyons—present Schmidt, R.—present

Brown—present Haveman—present MacGregor—present Schmidt, W.—present

Brunner—present Heise—present MacMaster—present Scott—present

Bumstead—present Hobbs—present McBroom—present Segal—present

Byrum—present Hooker—present McCann—present Shaughnessy—present

Callton—present Horn—present McMillin—present Shirkey—present

Cavanagh—present Hovey-Wright—present Meadows—present Slavens—present

Clemente—present Howze—present Moss—present Smiley—present

Constan—present Hughes—present Muxlow—present Somerville—present

Cotter—present Huuki—present Nathan—present Stallworth—excused

Crawford—present Irwin—present Nesbitt—present Stamas—present

Daley—present Jackson—present O’Brien—present Stanley—present

Damrow—present Jacobsen—present Oakes—present Stapleton—present

Darany—present Jenkins—present Olson—present Switalski—present

Denby—present Johnson—present Olumba—present Talabi—present

Dillon—present Kandrevas—present Opsommer—present Tlaib—present

Durhal—present Knollenberg—present Ouimet—present Townsend—present

Farrington—present Kowall—present Outman—present Tyler—present

Forlini—present Kurtz—present Pettalia—present Walsh—present

Foster—present LaFontaine—present Poleski—present Womack—present

Franz—present Lane—present Potvin—present Yonker—present

Geiss—present LeBlanc—present Price—present Zorn—present

Genetski—present

e/d/s = entered during session

Rep. Kenneth L. Kurtz, from the 58th District, offered the following invocation:

“Our Father in Heaven, we are reminded in Your word when the psalmist David said ‘search me O God, know my heart and my thoughts.’ We ask for that searching as we now deliberate O God, that we would, each one of us, look inside ourselves doing that that is honorable, just and right. Might we recognize this as we look to You for guidance and direction, we will find the perfect plan You have for each one of our lives. We thank You for this time together, bless it and might we continually feel Your presence amongst us. In the name of Christ, I pray, Amen.”

______

Rep. Segal moved that Rep. Stallworth be excused from today’s session.

The motion prevailed.

______

The Speaker called Associate Speaker Pro Tempore Opsommer to the Chair.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4369, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7333a (MCL 333.7333a), as added by 2001 PA 231.

(The bill was received from the Senate on October 18, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 19, see House Journal No. 82, p. 2424.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Haines moved to amend the Senate substitute (S-2) as follows:

1. Amend page 3, line 13, after “(I)” by striking out “UNTIL DECEMBER 31, 2015,”.

2. Amend page 5, line 24, after “WITH” by striking out the balance of the line through “AGENCY” on line 25 and inserting “HEALTH CARE PAYMENT OR BENEFIT PROVIDERS”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 448 Yeas—102

Agema Gilbert Lindberg Pscholka

Ananich Glardon Lipton Rendon

Barnett Goike Liss Rogers

Bauer Haines Lori Rutledge

Bledsoe Hammel Lund Schmidt, R.

Bolger Haugh Lyons Schmidt, W.

Brown Haveman MacGregor Scott

Brunner Heise MacMaster Segal

Bumstead Hobbs McBroom Shaughnessy

Byrum Horn McCann Shirkey

Callton Hovey-Wright Meadows Slavens

Cavanagh Howze Moss Smiley

Clemente Hughes Muxlow Somerville

Constan Huuki Nesbitt Stamas

Crawford Irwin O’Brien Stanley

Daley Jackson Oakes Stapleton

Damrow Jacobsen Olson Switalski

Darany Jenkins Olumba Talabi

Denby Johnson Opsommer Tlaib

Dillon Kandrevas Ouimet Townsend

Durhal Knollenberg Outman Tyler

Farrington Kowall Pettalia Walsh

Forlini Kurtz Poleski Womack

Foster LaFontaine Potvin Yonker

Geiss Lane Price Zorn

Genetski LeBlanc

Nays—6

Cotter Hooker Nathan Santana

Franz McMillin

In The Chair: Opsommer

The House agreed to the title as amended.

The Speaker laid before the House

House Bill No. 4309, entitled

A bill to amend 1988 PA 57, entitled “An act to provide for the incorporation by 2 or more municipalities of certain authorities for the purpose of providing emergency services to municipalities; to provide for the powers and duties of authorities and of certain state and local agencies and officers; to guarantee certain labor contracts and employment rights in regard to the formation and reorganization of authorities; to provide for certain condemnation proceedings; to provide for fees; to provide for the levy of property taxes for certain purposes; and to prescribe penalties and provide remedies,” by amending the title and section 10 (MCL 124.610), the title as amended by 2006 PA 652.

(The bill was received from the Senate on November 2, with an amendment to the House substitute (H-2) to the Senate substitute (S-2), consideration of which, under the rules, was postponed until today, see House Journal No. 89, p. 2543.)

The question being on concurring in the amendment to the House substitute (H-2) to the Senate substitute (S-2) made to the bill by the Senate,

Rep. Stamas moved that consideration of the bill be postponed temporarily.

The motion prevailed.

______

Rep. Segal moved that Rep. Haugh be excused temporarily from today’s session.

The motion prevailed.

Third Reading of Bills

Senate Bill No. 8, entitled

A bill to provide for certain municipal joint endeavors; to provide standards for those municipal joint endeavors; to provide powers and duties of a municipal joint endeavor; to authorize the levy of a property tax by a municipal joint endeavor; and to provide for the powers and duties of certain government officials.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Opsommer moved to substitute (H-3) the bill.

The motion was seconded and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

Rep. Lyons moved to amend the bill as follows:

1. Amend page 3, line 19, by striking out all of subdivision (h) and inserting:

“(h) Unless a local government participating in the joint endeavor already provides a service, including, but not limited to, emergency medical services regulated under part 209 of the public health code, 1978 PA 368, MCL 333.20901 to 333.20979, the joint endeavor shall solicit competitive bids for those services that the joint endeavor intends to provide. The joint endeavor shall disclose to the public all competitive bids obtained for those services the joint endeavor provides.”.

2. Amend page 4, line 21, by striking out all of section 4a.

The motion was seconded and the amendments were 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. 449 Yeas—72

Ananich Gilbert Lipton Price

Bledsoe Glardon Liss Pscholka

Bolger Haveman Lori Rendon

Bumstead Heise Lund Rogers

Byrum Hobbs Lyons Rutledge

Callton Hooker MacGregor Schmidt, R.

Cavanagh Horn MacMaster Schmidt, W.

Clemente Hughes McBroom Scott

Cotter Huuki McCann Shaughnessy

Crawford Irwin Muxlow Shirkey

Daley Jacobsen O’Brien Somerville

Damrow Jenkins Olson Stamas

Denby Kandrevas Opsommer Switalski

Dillon Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz Lindberg Potvin Zorn

Nays—35

Agema Genetski LeBlanc Segal

Barnett Goike McMillin Slavens

Bauer Haines Meadows Smiley

Brown Hammel Moss Stanley

Brunner Hovey-Wright Nathan Stapleton

Constan Howze Nesbitt Talabi

Darany Jackson Oakes Tlaib

Durhal Johnson Olumba Womack

Geiss Knollenberg 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.

Senate Bill No. 9, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” (MCL 423.201 to 423.217) by adding section 1a.

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

Roll Call No. 450 Yeas—72

Agema Genetski Liss Price

Ananich Gilbert Lori Pscholka

Bledsoe Glardon Lund Rendon

Bolger Goike Lyons Rogers

Bumstead Haveman MacGregor Rutledge

Callton Heise MacMaster Schmidt, R.

Cavanagh Hooker McBroom Schmidt, W.

Clemente Horn McCann Scott

Cotter Hughes Muxlow Shaughnessy

Crawford Huuki Nesbitt Shirkey

Daley Jacobsen O’Brien Somerville

Damrow Jenkins Olson Stamas

Denby Kandrevas Opsommer Switalski

Dillon Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz Lindberg Potvin Zorn

Nays—35

Barnett Haines LeBlanc Segal

Bauer Hammel Lipton Slavens

Brown Hobbs McMillin Smiley

Brunner Hovey-Wright Meadows Stanley

Byrum Howze Moss Stapleton

Constan Irwin Nathan Talabi

Darany Jackson Oakes Tlaib

Durhal Johnson Olumba Womack

Geiss Knollenberg 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.

By unanimous consent the House returned to the order of

Messages from the Senate

The House returned to the consideration of

House Bill No. 4309, entitled

(The bill was considered earlier today, see today’s Journal, p. 2551.)

The question being on concurring in the amendment to the House substitute (H-2) to the Senate substitute (S-2) made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 451 Yeas—75

Agema Gilbert Liss Price

Ananich Glardon Lori Pscholka

Bauer Goike Lund Rendon

Bolger Haines Lyons Rogers

Brown Haveman MacGregor Rutledge

Bumstead Heise MacMaster Schmidt, R.

Byrum Hooker McBroom Schmidt, W.

Callton Horn McMillin Scott

Cotter Hughes Moss Shaughnessy

Crawford Huuki Muxlow Shirkey

Daley Irwin Nesbitt Somerville

Damrow Jacobsen O’Brien Stamas

Denby Jenkins Olson Switalski

Dillon Johnson Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Yonker

Franz LaFontaine Poleski Zorn

Genetski Lane Potvin

Nays—33

Barnett Hammel Lindberg Segal

Bledsoe Haugh Lipton Slavens

Brunner Hobbs McCann Smiley

Cavanagh Hovey-Wright Meadows Stanley

Clemente Howze Nathan Stapleton

Constan Jackson Oakes Talabi

Darany Kandrevas Olumba Tlaib

Durhal LeBlanc Santana Womack

Geiss

In The Chair: Opsommer

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

The Speaker Pro Tempore assumed the Chair.

______

Rep. Segal moved that Rep. Haugh be excused temporarily from today’s session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 4311, entitled

A bill to amend 1967 (Ex Sess) PA 8, entitled “An act to provide for intergovernmental transfers of functions and responsibilities,” by amending section 4 (MCL 124.534).

(The bill was received from the Senate on November 2, with an amendment to the House substitute (H-5) to the Senate substitute (S-2), consideration of which, under the rules, was postponed until today, see House Journal No. 89, p. 2544.)

The question being on concurring in the amendment to the House substitute (H-5) to the Senate substitute (S-2) made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 452 Yeas—77

Agema Genetski Lane Potvin

Ananich Gilbert Liss Price

Bauer Glardon Lori Pscholka

Bledsoe Goike Lund Rendon

Bolger Haines Lyons Rogers

Brown Haveman MacGregor Schmidt, R.

Bumstead Heise MacMaster Schmidt, W.

Byrum Hooker McBroom Scott

Callton Horn McMillin Shaughnessy

Constan Hughes Moss Shirkey

Cotter Huuki Muxlow Slavens

Crawford Irwin Nesbitt Somerville

Daley Jacobsen O’Brien Stamas

Damrow Jenkins Olson Switalski

Denby Johnson Opsommer Townsend

Dillon Knollenberg Ouimet Tyler

Farrington Kowall Outman Walsh

Forlini Kurtz Pettalia Yonker

Foster LaFontaine Poleski Zorn

Franz

Nays—30

Barnett Hobbs McCann Segal

Brunner Hovey-Wright Meadows Smiley

Cavanagh Howze Nathan Stanley

Clemente Jackson Oakes Stapleton

Darany Kandrevas Olumba Talabi

Durhal LeBlanc Rutledge Tlaib

Geiss Lindberg Santana Womack

Hammel Lipton

In The Chair: Walsh

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

The Speaker Pro Tempore called Associate Speaker Pro Tempore Opsommer to the Chair.

The Speaker laid before the House

House Bill No. 4312, entitled

A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” by amending section 5 (MCL 124.505), as amended by 1985 PA 10.

(The bill was received from the Senate on November 2, with an amendment to the House substitute (H-3) to the Senate substitute (S-3), consideration of which, under the rules, was postponed until today, see House Journal No. 89, p. 2545.)

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

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 453 Yeas—79

Agema Genetski Lane Price

Ananich Gilbert Liss Pscholka

Bauer Glardon Lori Rendon

Bledsoe Goike Lund Rogers

Bolger Haines Lyons Rutledge

Brown Haveman MacGregor Schmidt, R.

Bumstead Heise MacMaster Schmidt, W.

Byrum Hobbs McBroom Scott

Callton Hooker McMillin Shaughnessy

Constan Horn Moss Shirkey

Cotter Hughes Muxlow Slavens

Crawford Huuki Nesbitt Somerville

Daley Irwin O’Brien Stamas

Damrow Jacobsen Olson Switalski

Denby Jenkins Opsommer Townsend

Dillon Johnson Ouimet Tyler

Farrington Knollenberg Outman Walsh

Forlini Kowall Pettalia Yonker

Foster Kurtz Poleski Zorn

Franz LaFontaine Potvin

Nays—28

Barnett Hammel Lipton Segal

Brunner Hovey-Wright McCann Smiley

Cavanagh Howze Meadows Stanley

Clemente Jackson Nathan Stapleton

Darany Kandrevas Oakes Talabi

Durhal LeBlanc Olumba Tlaib

Geiss Lindberg Santana Womack

In The Chair: Opsommer

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

Third Reading of Bills

Senate Bill No. 427, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 4, 5, and 614 (MCL 380.4, 380.5, and 380.614), section 4 as amended by 2008 PA 1, section 5 as amended by 2009 PA 205, and section 614 as amended by 2004 PA 419.

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

Roll Call No. 454 Yeas—70

Agema Haines Lori Potvin

Bauer Haveman Lund Price

Bolger Heise Lyons Pscholka

Callton Hooker MacGregor Rendon

Constan Horn MacMaster Rogers

Cotter Hughes McMillin Santana

Crawford Huuki Meadows Schmidt, W.

Daley Jackson Moss Scott

Damrow Jacobsen Muxlow Shaughnessy

Denby Jenkins Nesbitt Shirkey

Farrington Johnson O’Brien Somerville

Forlini Knollenberg Olson Stamas

Foster Kowall Opsommer Switalski

Franz Kurtz Ouimet Tyler

Genetski LaFontaine Outman Walsh

Gilbert Lane Pettalia Yonker

Glardon LeBlanc Poleski Zorn

Goike Liss

Nays—37

Ananich Dillon Lindberg Segal

Barnett Durhal Lipton Slavens

Bledsoe Geiss McBroom Smiley

Brown Hammel McCann Stanley

Brunner Hobbs Nathan Stapleton

Bumstead Hovey-Wright Oakes Talabi

Byrum Howze Olumba Tlaib

Cavanagh Irwin Rutledge Townsend

Clemente Kandrevas Schmidt, R. 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 a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”

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. 4701, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending sections 1b, 20, 27, 35, 38, 47, 48, 49, 50, 55, 64, 65, 67a, 68, and 68c (MCL 38.1b, 38.20, 38.27, 38.35, 38.38, 38.47, 38.48, 38.49, 38.50, 38.55, 38.64, 38.65, 38.67a, 38.68, and 38.68c), sections 1b, 20, and 48 as amended by 2002 PA 93, sections 27 and 67a as amended by 2004 PA 109, section 35 as added and sections 38, 68, and 68c as amended by 2010 PA 185, section 47 as amended by 2002 PA 743, section 49 as amended by 2008 PA 353, sections 50 and 65 as added by 1996 PA 487, section 55 as amended by 2010 PA 256, and section 64 as amended by 2004 PA 33, and by adding sections 20j, 35a, 50a, 68b, and 68e.

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

Roll Call No. 455 Yeas—63

Agema Goike Lund Potvin

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McBroom Rogers

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori Poleski

Nays—45

Ananich Durhal LeBlanc Schmidt, R.

Barnett Geiss Lindberg Segal

Bauer Hammel Lipton Slavens

Bledsoe Haugh Liss Smiley

Brown Hobbs McCann Stanley

Brunner Hovey-Wright Meadows Stapleton

Byrum Howze Nathan Switalski

Cavanagh Irwin Oakes Talabi

Clemente Jackson Olumba Tlaib

Constan Kandrevas Rutledge Townsend

Darany Lane Santana Womack

Dillon

In The Chair: Opsommer

The question being on agreeing to the title of the bill,

Rep. Stamas moved to amend the title to read as follows:

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. 4702, entitled

A bill to amend 2010 PA 77, entitled “Public employee retirement health care funding act,” by amending the title and sections 1, 2, 3, 4, 8, 10, 11, and 14 (MCL 38.2731, 38.2732, 38.2733, 38.2734, 38.2738, 38.2740, 38.2741, and 38.2744) and by adding sections 2a, 2b, and 10a.

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

Roll Call No. 456 Yeas—63

Agema Goike Lund Potvin

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McBroom Rogers

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori Poleski

Nays—44

Ananich Dillon Lane Schmidt, R.

Barnett Durhal LeBlanc Segal

Bauer Geiss Lindberg Slavens

Bledsoe Hammel Lipton Smiley

Brown Haugh Liss Stanley

Brunner Hobbs McCann Stapleton

Byrum Hovey-Wright Nathan Switalski

Cavanagh Howze Oakes Talabi

Clemente Irwin Olumba Tlaib

Constan Jackson Rutledge Townsend

Darany Kandrevas Santana 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.

Point of Order

Rep. Segal requested a ruling of the Chair on whether, under House Rule 12 and Article 4, § 18 of the Michigan Constitution, a sufficient number of signatures had been submitted to demonstrate support for a record roll call vote on immediate effect.

The Chair ruled that there was not a motion for a roll call on immediate effect and so the validity of the signatures are mute and denied.

Rep. Segal appealed the decision of the Chair.

The question being, “Shall the judgment of the Chair stand as the judgment of the House?”

The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 457 Yeas—63

Agema Goike Lund Potvin

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McBroom Rogers

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori Poleski

Nays—45

Ananich Durhal LeBlanc Schmidt, R.

Barnett Geiss Lindberg Segal

Bauer Hammel Lipton Slavens

Bledsoe Haugh Liss Smiley

Brown Hobbs McCann Stanley

Brunner Hovey-Wright Meadows Stapleton

Byrum Howze Nathan Switalski

Cavanagh Irwin Oakes Talabi

Clemente Jackson Olumba Tlaib

Constan Kandrevas Rutledge Townsend

Darany Lane Santana Womack

Dillon

In The Chair: Opsommer

Reps. Irwin, Bauer, Townsend, Cavanagh, Hobbs, Ananich, Stapleton, Brunner, Hovey-Wright, Hammel, Smiley, Barnett, Roy Schmidt, Rutledge, Santana, Slavens, Howze, Lipton, Tlaib and Talabi, having reserved the right to explain their nay vote, made the following statement:

“Mr. Speaker and members of the House:

I opposed the judgment of the Speaker in denying a roll call vote despite the submission of sufficient written intention from myself and other members to call for a roll call vote. The Michigan Constitution and House Rules make clear the right of the members under Article IV, Section 18 (House Rule 12).”

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

“Mr. Speaker and members of the House:

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

“Mr. Speaker and members of the House:

I strongly opposed the judgment of the Speaker in denying a roll call vote despite the submission of sufficient written intention from myself and other members to call for a roll call vote. The Michigan Constitution and House Rules clearly state the right of the members under Article IV, Section 18 (House Rule 12).”

Point of Order

Rep. Segal requested a ruling of the Chair on her notice to reconsider the vote by which House Bill No. 4072 was passed would be honored.

The Chair ruled that the notice to reconsider was not timely in that the bill was already out of the chamber.

Rep. Segal appealed the decision of the Chair.

The question being, “Shall the judgment of the Chair stand as the judgment of the House?”

The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 458 Yeas—63

Agema Goike Lund Potvin

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McBroom Rogers

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori Poleski

Nays—45

Ananich Durhal LeBlanc Schmidt, R.

Barnett Geiss Lindberg Segal

Bauer Hammel Lipton Slavens

Bledsoe Haugh Liss Smiley

Brown Hobbs McCann Stanley

Brunner Hovey-Wright Meadows Stapleton

Byrum Howze Nathan Switalski

Cavanagh Irwin Oakes Talabi

Clemente Jackson Olumba Tlaib

Constan Kandrevas Rutledge Townsend

Darany Lane Santana Womack

Dillon

In The Chair: Opsommer

Second Reading of Bills

House Bill No. 4691, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1307a (MCL 600.1307a), as amended by 2004 PA 12.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,

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

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

The motion prevailed.

House Bill No. 4115, entitled

A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 64b (MCL 41.64b), as added by 1989 PA 77.

The bill was read a second time.

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, November 3:

House Bill Nos. 5143 5144

Senate Bill Nos. 791 792 793 794

The Clerk announced that the following Senate bills had been received on Thursday, November 3:

Senate Bill Nos. 194 456 460 462 463 569 604 605 706 777

Reports of Standing Committees

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 5131, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 17702, 17703, 17708, 17751, 17754, and 17763 (MCL 333.7405, 333.17702, 333.17703, 333.17708, 333.17751, 333.17754, and 333.17763), sections 7405, 17708, 17751, and 17763 as amended by 2011 PA 155 and sections 17702 and 17703 as amended and section 17754 as added by 2006 PA 672, and by adding section 17744.

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. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Liss, Darany, Segal, Womack and Hovey-Wright

Nays: None

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, November 3, 2011

Present: Reps. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Liss, Darany, Segal, Womack and Hovey-Wright

Absent: Reps. Scott and Stallworth

Excused: Reps. Scott and Stallworth

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ouimet, Chair, of the Committee on Local, Intergovernmental, and Regional Affairs, was received and read:

Meeting held on: Thursday, November 3, 2011

Present: Reps. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Townsend, Stapleton, Rutledge and Lane

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Walsh, Chair, of the Committee on Judiciary, was received and read:

Meeting held on: Thursday, November 3, 2011

Present: Reps. Walsh, Heise, Gilbert, Horn, Scott, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Absent: Rep. Olumba

Excused: Rep. Olumba

Messages from the Senate

House Bill No. 4005, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 302 and 644g (MCL 168.302 and 168.644g), section 302 as amended by 2005 PA 71 and section 644g as amended by 2004 PA 293, and by adding section 642c.

The Senate has amended the bill as follows:

1. Amend page 3, following line 6, by inserting:

“Sec. 642. (1) Except as otherwise provided in this section and section 642a, on the effective date of this act, a city shall hold its regular election or regular primary election as follows:

(a) A city shall hold its regular election for a city office at the odd year general election.

(b) A city shall hold its regular election primary at the odd year primary election.

(c) A city that holds its regular election for a city office annually or in the even year on the November regular election date shall continue holding elections on that schedule.

(d) A city that holds its regular election primary for a city office annually or in the even year on the August regular primary election date shall continue holding primary elections on that schedule.

(2) If, on September 1, 2004, a city holds its regular election at other than a regular November election date, the city council may choose to hold the regular election on the May regular election date by adopting a resolution in compliance with this section. Except as provided in section 642a, if a city council adopts the resolution in compliance with this section to hold its regular election on the May regular election date, after December 31, 2004, the city’s regular election is on the May regular election date. If a city’s regular election is held on the May regular election date, the city’s regular election primary shall be held on the February regular election date immediately before its regular election.

(3) If, on September 1, 2004, a city holds its regular election annually or in the even year on the November regular election date, the city council may choose to hold the regular election at the odd year general election by adopting a resolution in compliance with this section. Except as provided in section 642a, if a city council adopts the resolution in compliance with this section to hold its regular election at the odd year general election, after December 31, 2004, the city’s regular election is at the odd year election. If a city’s regular election is held at the odd year general election, the city’s regular election primary shall be held at the odd year primary election.

(4) If, on September 1, 2004, a city holds its regular election annually on the November regular election date, the city council may choose to hold the regular election at the even year general election by adopting a resolution in compliance with this section. Except as provided in section 642a, if a city council adopts the resolution in compliance with this section to hold its regular election at the even year general election, after December 31, 2004, the city’s regular election is at the even year election. If a city’s regular election is held at the even year general election, the city’s regular election primary shall be held at the even year primary election.

(5) If, on September 1, 2004, a city holds its regular election primary at the September primary election, the city council may choose to continue holding its regular election primary at the September primary election by adopting a resolution in compliance with this section. Except as provided in section 642a(2), if a city council adopts the resolution in compliance with this section to hold its regular election primary at the September primary election, after December 31, 2004, the city’s regular election primary is at the September primary election.

(6) Except as otherwise provided in this section and section 642a, on September 1, 2004, a village shall hold its regular election as follows:

(a) A village shall hold its regular election for a village office at the general election and the appropriate township clerk shall conduct the election.

(b) A village shall not hold a regular primary election.

(7) A village council may make a 1-time choice to hold the regular election at the September primary election by adopting a resolution in compliance with this section. Except as provided in section 642a, if a village council adopts the resolution in compliance with this section to hold its regular election at the September primary election, after December 31, 2004, the village’s regular election is at the September primary election and the village clerk shall conduct the election. The resolution may provide for the terms of office and for staggered terms. If a village’s regular or special election is held in conjunction with another election conducted by a township, the village shall pay the township a proportionate share of the election expenses. If a village’s regular or special election is not held in conjunction with another election conducted by a township, the village shall pay the township 100% of the actual costs of conducting the village’s regular or special election. The township shall make voting equipment available to a village if the village conducts an election. If the village is located in more than 1 township, the township with the largest number of village electors shall furnish the voting equipment.

~~(8) Except as otherwise provided in this section and section 642a, on September 1, 2004, a school district shall hold its~~ ~~regular election for the office of school board member at the odd year general election.~~

~~(9) If, on September 1, 2004, a school district holds its regular election at other than the odd year general election, the school~~ ~~district’s school board may choose to hold its regular election on 1 of the following by adopting a resolution in compliance with~~ ~~this section:~~

~~(a) The odd year May regular election date.~~

~~(b) The November regular election date in both even and odd years.~~

~~(c) The May regular election date in both even and odd years.~~

(8) ~~(10)~~ A resolution permitted under this section or section 642a is valid only if a city council , or village council ~~, or school~~ ~~board~~ adopts the resolution in compliance with all of the following:

(a) The resolution is adopted before 1 of the following:

(i) If the resolution is permitted under subsection (2), (3), (4), (5), or (7), ~~or (9) of this section,~~ January 1, 2005.

(ii) If the resolution is permitted under section 642a(1) , or (2), ~~or (3),~~ January 1 of the year in which the change in the date of the election takes effect.

(b) Before adopting the resolution, the council ~~or school board~~ holds at least 1 public hearing on the resolution. The public hearing may be held on the same day and immediately before considering the adoption of the resolution.

(c) The council ~~or school board~~ gives notice of each public hearing on the resolution in a manner designed to reach the largest number of the jurisdiction’s qualified electors in a timely fashion. ~~, and the notice states at least the following, as applicable:~~

(i~~) That the hearing is being held on the issue of whether to schedule the city’s regular election on the May regular election~~ ~~date and that, if the resolution is not adopted, the city’s regular election will be held at the odd year general election.~~

(ii~~) That the hearing is being held on the issue of whether to schedule the city’s regular election primary at the September~~ ~~primary election and that, if the resolution is not adopted, the city’s regular election primary will be held on the odd year~~ ~~primary election.~~

(~~iii) That the hearing is being held on the issue of whether to schedule the village’s regular election at the September primary~~ ~~election and that, if the resolution is not adopted, the village’s regular election will be held at the general election.~~

(iv~~) That the hearing is being held on the issue of whether to schedule the school district’s regular election at other than the~~ ~~odd year general election and that, if the resolution is not adopted, the school district’s regular election will be held at the odd~~ ~~year general election. The notice shall specifically state the regular election date permitted under subsection (8) on which the~~ ~~school board is proposing that the school district’s regular election be held.~~

(v~~) That the hearing is being held on the issue of whether to schedule the school district’s regular election at the odd year~~ ~~general election and that, if the resolution is not adopted, the school district’s regular election will continue to be held on the~~ ~~date on which it is currently being held.~~

(d) The council ~~or school board~~ votes on the resolution and, on a record roll call vote, a majority of the council’s ~~or school~~ board’s members, elected or appointed, and serving, adopt the resolution.

(e) The council ~~or school board~~ files the resolution with the secretary of state.

~~(11) This section takes effect September 1, 2004.~~

Sec. 642a. (1) After December 31, 2004, a city council that adopted a resolution so that its regular election is held on the May regular election date may change its regular election to the odd year general election by adopting a resolution in compliance with section 642. If a city council adopts the resolution in compliance with section 642 to hold its regular election at the odd year general election, after December 31 of the year in which the resolution is adopted, the city’s regular election is at the odd year general election.

(2) After December 31, 2004, a city council that holds its regular election for city offices annually or in the even year on the November regular election date may change its regular election schedule to the odd year general election and the odd year primary election by adopting a resolution in compliance with section 642. If a city council adopts the resolution in compliance with section 642, the city’s regular election is at the odd year general election and its primary is at the odd year primary election.

(3) After December 31, 2010, a city that adopted a resolution so that its regular election primary is held at the September election shall hold its regular election primary at the odd year primary election.

~~(4) After December 31, 2004, a school district’s school board that adopted a resolution so that its regular election is held on~~ ~~a date other than at the odd year general election may change its regular election to the odd year general election, the general~~ ~~November election, the November regular election date in both even and odd years, or the odd year May regular election date~~ ~~by adopting a resolution in compliance with section 642. If a school board adopts the resolution in compliance with section 642~~ ~~to hold its regular election at the odd year general election, the general November election, the November regular election date~~ ~~in both even and odd years, or the odd year May regular election date, after December 31 of the year in which the resolution is~~ ~~adopted, the school board’s school district shall hold its regular election on the election date adopted in the resolution.~~

~~(5) After December 31, 2009, a school district’s school board that holds its regular election for the office of school board~~ ~~member at the odd year general election may change its regular election to the general November election by adopting a~~ ~~resolution in compliance with section 642. If a school board adopts the resolution in compliance with section 642 to hold its~~ ~~regular election at the general November election, after December 31 of the year in which the resolution is adopted, the school~~ ~~board’s school district shall hold its regular election at the general November election.~~

(4) ~~(6)~~ After December 31, 2004, a village council that adopted a resolution so that its regular election is held on the September election date may change its regular election to the November regular election date by adopting a resolution in compliance with section 642. If a village council adopts the resolution in compliance with section 642 to hold its regular election at the November regular election date, after December 31 of the year in which the resolution is adopted, the village’s regular election is at the November regular election date.”.

2. Amend page 4, following line 10, by inserting:

“Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 427 of the 96th Legislature is enacted into law.”.

The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 302, 642, 642a, and 644g (MCL 168.302, 168.642, 168.642a, and 168.644g), section 302 as amended by 2005 PA 71, section 642 as amended by 2004 PA 292, section 642a as amended by 2010 PA 222, and section 644g as amended by 2004 PA 293, and by adding section 642c.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 4411, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16245 (MCL 333.16245), as amended by 2006 PA 26.

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.

House Bill No. 4412, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16226 (MCL 333.16226), as amended by 2004 PA 214.

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. 194, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2011 PA 19.