No. 93
State of Michigan
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2011
House Chamber, Lansing, Thursday, November 10, 2011.
10:00 a.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present 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—excused
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—excused 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—present
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
Rev. Kathy Groff, Pastor of Newaygo United Methodist Church in Newaygo, offered the following invocation:
“Creator God, One who made this incredible world, One who shaped and formed all that we see, then gifted it with the breath of life, we give You thanks for these men and women who have dedicated this part of their lives to work for the good of the people of this state we call Michigan. You know what sacrifices they make, sometimes being away from family, sometimes traveling long distances, sometimes facing criticism and disappointment. But You also know the joys they experience in their work, their fellowship with each other, their sense of satisfaction when a difficulty is resolved, the chance to voice their opinions. As they gather this day be present with them. Give freely of Your wisdom and guidance, that whatever they do they will do in keeping with Your will. Remind us all that this is Your world, created with purpose and that we have been set in this world to care for it and for each other. Where there is rivalry and conflict in this decision making body, help the voice of peace and reconciliation to speak out as well. You, O God know the economic hardships of these uncertain days, so we ask for strength of purpose and knowledge to discern the things that might help. We thank You God for the love You give us and the ways You walk with us through life. Remind us as we come to the celebration of Veterans Day tomorrow that there have been so many who have sacrificed to make this a great nation and that all that is done here is in keeping with the sacrifices they have made. Be present God, continue to love and nurture Your sons and daughters, and honor the sacrifice of time and effort that these gathered here freely give. And bless us all in the work of being Your children and listening to and following Your way. Amen.”
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Rep. Segal moved that Rep. Meadows be excused from today’s session.
The motion prevailed.
Rep. Stamas moved that Rep. Scott be excused from today’s session.
The motion prevailed.
Motions and Resolutions
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 157.
A resolution of tribute offered as a memorial for Howard Wolpe, former member of the Michigan House of Representatives and the United States House of Representatives.
Whereas, The members of the legislative body were saddened to learn of the passing of Howard Wolpe, a gentleman who served his community, state, and nation most effectively and in many different capacities. His intellect, passion for public service, and vision touched lives in Michigan and across the world, and the example he set will not soon be forgotten; and
Whereas, A graduate of Reed College who earned a doctorate at the Massachusetts Institute of Technology, Howard Wolpe came to Michigan to teach at Western Michigan University. He soon became involved in civic affairs in Kalamazoo, serving on the city commission, where he championed fair housing laws for low-income citizens. In 1973, he brought his talents and principles to Lansing. In his two terms as a state legislator, he was a strong advocate on environmental issues; and
Whereas, In 1978, he was elected to Congress, where he earned great respect for his effectiveness working on behalf of his constituents. As the chair of the House Foreign Affairs Subcommittee on Africa for several years, Congressman Wolpe was widely acknowledged for his expertise on issues involving Africa. He was an early and articulate advocate of U.S. policies to combat apartheid. After his tenure in Congress, he continued to represent our country in this continent as a diplomat to Africa in both the Clinton and the Obama administrations; and
Whereas, While Howard Wolpe’s varied public life, including serving as his party’s candidate for governor in 1994, spanned a wide range of responsibilities and skills, the distinguishing feature of his life and career is contained in a single ideal – his deep personal commitment to serving others. This legacy will long endure; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Howard Wolpe, a member of this legislative body from 1973 to 1976 and a member of the United States House of Representatives from 1979 to 1992; and be it further
Resolved, That copies of this resolution be transmitted to the Wolpe family as evidence of our lasting esteem for his memory.
The question being on the adoption of the resolution,
The resolution was adopted by unanimous standing vote.
Reps. Byrum, Barnett, Brunner, Constan, Cotter, Damrow, Darany, Dillon, Genetski, Haines, Irwin, Johnson, Kowall, LeBlanc, Liss, Lori, Lyons, Nesbitt, O’Brien, Santana, Shaughnessy, Slavens, Smiley, Tlaib and Yonker offered the following resolution:
House Resolution No. 158.
A resolution to declare November 17, 2011, as Prematurity Day in the state of Michigan.
Whereas, Prematurity has been increasing steadily and alarmingly over the past two decades; and
Whereas, One out of eight babies is born prematurely in the United States; and
Whereas, Every year, an estimated 13 million babies worldwide are born too soon and too small. More than a million of these tiny babies do not survive; and
Whereas, Half of all neurological disabilities in children are related to premature birth and premature babies face an increased risk of serious medical complications and death, including lasting disabilities such as cerebral palsy, intellectual and developmental disabilities, chronic lung disease, and vision and hearing problems; and
Whereas, Although doctors have made marvelous advances in caring for babies born too soon and too small, we need to find out how to prevent preterm birth from happening in the first place; and
Whereas, Women who have had a previous preterm birth, who are pregnant with twins, triplets or more, or women with certain uterine or cervical abnormalities are more at risk for having premature births, but preterm labor and delivery can happen to any pregnant woman; and
Whereas, Organizations such as the March of Dimes have worked tirelessly to raise public awareness of the problems of prematurity and to decrease the rate of preterm birth in the United States; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare November 17, 2011, as Prematurity Day in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Slavens, Barnett, Bauer, Constan, Darany, Haines, Kurtz, Liss, Lori, Santana and Tlaib offered the following resolution:
House Resolution No. 159.
A resolution to declare November 17, 2011, as Smoke-Out Day in the state of Michigan.
Whereas, The state of Michigan has long been concerned with the health of its citizens; and
Whereas, The United States Surgeon General has said that smoking remains the single most preventable cause of premature death in our society; and
Whereas, For thirty years, millions of smokers have participated in the American Cancer Society’s Great American Smoke-Out, a day on which they give up cigarettes for 24 hours in the hope that they may quit permanently; and
Whereas, A significant number of those who gave up cigarettes for the day were able to give up the habit entirely; and
Whereas, This demonstration of success suggests that the Great American Smoke-Out has potential for improving the health of the citizens of Michigan; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare November 17, 2011, as Smoke-Out Day in the state of Michigan; and be it further
Resolved, That we recognize that the citizens of Michigan deserve the opportunity to grow, thrive, be healthy, informed and aware of their health and of the factors that affect that health.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. O’Brien, Barnett, Brown, Constan, Damrow, Darany, Heise, Johnson, Knollenberg, Kowall, Kurtz, Liss, Lori, Nesbitt, Santana, Shaughnessy, Slavens, Tlaib and Tyler offered the following resolution:
House Resolution No. 160.
A resolution to declare November 2011 as Reflex Sympathetic Dystrophy Syndrome Awareness Month in the state of Michigan.
Whereas, Reflex Sympathetic Dystrophy Syndrome (RSDS), also known as Complex Regional Pain Syndrome (CRPS), is a debilitating and progressively chronic condition characterized by severe burning pain, pathological changes in bone and skin, excessive sweating, tissue swelling, and extreme sensitivity to touch; and
Whereas, While RSDS is thought to be a nerve disorder that generally occurs at the site of a minor or major trauma injury, it may also occur without an apparent injury to the afflicted person; and
Whereas, The causes of RSDS are unknown, the syndrome is thought to be the result of a malfunction of the sympathetic nervous system. RSDS is often misdiagnosed because this condition is either unknown or is poorly understood. The disorder is unique in that it simultaneously affects the nerves, skin, muscles, blood vessels, and bones; and
Whereas, The prognosis for patients suffering from RSDS is generally much better when the condition is identified and treated as early as possible, ideally within three months of the onset of the first symptoms; and
Whereas, If treatment is delayed, the disorder can quickly lead to changes in bone and muscle and may become irreversible, resulting in limited mobility, atrophy of the muscles, and eventual disability and unemployment of patients; and
Whereas, A delay in diagnosis or treatment for this syndrome can result in severe physical and physiological problems, and early recognition and prompt treatment of RSDS provide the greatest opportunity for recovery; and
Whereas, It is in the best interest of the state to educate both individuals and medical professionals regarding this debilitative disease and to promote research to accurately identify, diagnose, and treat this disease; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare November 2011 as Reflex Sympathetic Dystrophy Syndrome Awareness Month in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
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The Speaker called the Speaker Pro Tempore to the Chair.
Second Reading of Bills
House Bill No. 4845, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80101, 80104, and 80141 (MCL 324.80101, 324.80104, and 324.80141), section 80101 as amended by 2004 PA 547, section 80104 as amended by 2004 PA 587, and section 80141 as added by 1995 PA 58; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Natural Resources, Tourism, and Outdoor Recreation,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Foster moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4846, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80104 and 80152 (MCL 324.80104 and 324.80152), section 80104 as amended by 2004 PA 587 and section 80152 as amended by 1999 PA 19, and by adding section 80143.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources, Tourism, and Outdoor Recreation,
The substitute (H-1) 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. 4847, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 80143.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Natural Resources, Tourism, and Outdoor Recreation,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Haugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4848, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 479a (MCL 750.479a), as amended by 2002 PA 270.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources, Tourism, and Outdoor Recreation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. LaFontaine moved to amend the bill as follows:
1. Amend page 5, following line 6, by inserting:
“(10) THIS SECTION SHALL BE KNOWN AND MAY BE CITED AS THE “LIEUTENANT DONALD BEZENAH LAW”.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. LaFontaine moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5109, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80205 (MCL 324.80205), as amended by 2008 PA 178.
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.
House Bill No. 5110, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80166 (MCL 324.80166), as amended by 2002 PA 636.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources, Tourism, and Outdoor Recreation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. LeBlanc 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
Reps. Stamas and Segal offered the following resolution:
House Concurrent Resolution No. 39.
A concurrent resolution prescribing the legislative schedule.
Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Thursday, November 10, 2011, it stands adjourned until Tuesday, November 29, 2011, at 1:30 p.m.; and be it further
Resolved, That when the Senate adjourns on Thursday, November 10, 2011, it stands adjourned until Tuesday, November 29, 2011, at 10:00 a.m.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Reports of Standing Committees
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
House Bill No. 4207, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5512 (MCL 324.5512).
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia and Haugh
Nays: None
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
House Bill No. 5136, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80124, 80308, 81108, 81116, 82105, and 82114 (MCL 324.80124, 324.80308, 324.81108, 324.81116, 324.82105, and 324.82114), section 80124 as amended by 2007 PA 8, section 80308 as added by 1995 PA 58, section 81108 as amended by 2005 PA 39, section 81116 as amended by 2006 PA 477, section 82105 as amended by 2008 PA 399, and section 82114 as amended by 2008 PA 145.
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. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Pettalia, Haugh, Bledsoe and Slavens
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Foster, Chair, of the Committee on Natural Resources, Tourism, and Outdoor Recreation, was received and read:
Meeting held on: Thursday, November 10, 2011
Present: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Haugh, Bledsoe and Slavens
Absent: Rep. Stapleton
Excused: Rep. Stapleton
The Committee on Health Policy, by Rep. Haines, Chair, reported
House Resolution No. 150.
A resolution to declare November 13-19, 2011, as Nurse Practitioner Week in the state of Michigan.
(For text of resolution, see House Journal No. 91, p. 2572.)
With the recommendation that the following amendments be adopted and that the resolution then be adopted.
1. Amend the resolution, by striking out all of the third Whereas clause.
2. Amend the resolution, the seventh Whereas clause, line 2, after “25,000;” by striking out “and” and inserting “now, therefore, be it”.
3. Amend the resolution, by striking out all of the eighth Whereas clause.
Favorable Roll Call
To Report Out:
Yeas: Reps. Haines, Callton, Opsommer, Kurtz, Shirkey, Hooker, Huuki, Muxlow, Yonker, Liss, Stallworth, 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 10, 2011
Present: Reps. Haines, Callton, Opsommer, Kurtz, Shirkey, Hooker, Huuki, Muxlow, Yonker, Liss, Stallworth, Darany, Segal, Womack and Hovey-Wright
Absent: Reps. Wayne Schmidt and Scott
Excused: Reps. Wayne Schmidt and Scott
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 10, 2011
Present: Reps. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Stapleton and Rutledge
Absent: Reps. Townsend and Lane
Excused: Reps. Townsend and Lane
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wayne Schmidt, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Thursday, November 10, 2011
Present: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Haugh, Barnett, Clemente and Townsend
Absent: Reps. Bledsoe and Olumba
Excused: Reps. Bledsoe and Olumba
Notices
November 10, 2011
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48913
Dear Mr. Clerk:
I hereby make the following change to the House Standing Committees for the 2011-2012 Legislative Session:
Education
Rep. McMillin to be Chair
Sincerely,
Jase Bolger, Speaker
Michigan House of Representatives
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4293, entitled
A bill to revise, consolidate, and codify the laws relating to certain fireworks; to regulate the purchase, possession, sale, and use of certain fireworks; to establish a fireworks safety fund; to establish a fireworks safety fee; to provide for the transfer and expenditure of funds; to prescribe the powers and duties of certain state agencies; to provide for penalties and remedies; and to repeal acts and parts of acts.
(The bill was received from the Senate on November 9, with substitute (S-3) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 92, p. 2586.)
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
Rep. Haugh moved to amend the Senate substitute (S-3) as follows:
1. Amend page 13, line 16, after “department” by inserting “of treasury”.
2. Amend page 13, line 17, after “The” by striking out “director of the department” and inserting “state treasurer”.
3. Amend page 13, line 19, by striking out “director of the department” and inserting “state treasurer”.
4. Amend page 13, line 20, after “The” by striking out “director of the department” and inserting “state treasurer”.
5. Amend page 14, line 3, by striking out “state fire marshal” and inserting “department”.
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-3) made to the bill by the Senate,
The substitute (S-3), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 471 Yeas—97
Agema Geiss LeBlanc Rendon
Ananich Gilbert Lindberg Rogers
Bauer Glardon Lipton Rutledge
Bledsoe Haines Liss Santana
Bolger Hammel Lori Schmidt, R.
Brown Haugh Lund Schmidt, W.
Brunner Haveman Lyons Segal
Bumstead Heise MacGregor Shaughnessy
Byrum Hobbs MacMaster Shirkey
Callton Hooker McBroom Slavens
Cavanagh Horn McCann Smiley
Clemente Hovey-Wright McMillin Somerville
Constan Howze Moss Stallworth
Cotter Hughes Nathan Stamas
Crawford Huuki O’Brien Stanley
Daley Irwin Oakes Stapleton
Damrow Jackson Olumba Switalski
Darany Jacobsen Opsommer Talabi
Denby Jenkins Ouimet Tlaib
Dillon Johnson Outman Townsend
Durhal Kowall Pettalia Tyler
Farrington Kurtz Poleski Walsh
Forlini LaFontaine Price Womack
Foster Lane Pscholka Yonker
Franz
Nays—10
Barnett Kandrevas Nesbitt Potvin
Genetski Knollenberg Olson Zorn
Goike Muxlow
In The Chair: Walsh
Third Reading of Bills
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 472 Yeas—106
Agema Genetski LeBlanc Pscholka
Ananich Gilbert Lindberg Rendon
Barnett Glardon Lipton Rogers
Bauer Goike Liss Rutledge
Bledsoe Haines Lori Santana
Bolger Hammel Lund Schmidt, R.
Brown Haugh Lyons Schmidt, W.
Brunner Haveman MacGregor Segal
Bumstead Heise MacMaster Shaughnessy
Byrum Hobbs McBroom Shirkey
Callton Hooker McCann Slavens
Cavanagh Horn McMillin Smiley
Clemente Hovey-Wright Moss Somerville
Constan Howze Muxlow Stallworth
Cotter Hughes Nesbitt Stamas
Crawford Huuki O’Brien Stanley
Daley Irwin Oakes Stapleton
Damrow Jackson Olson Switalski
Darany Jacobsen Olumba 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
Geiss Lane
Nays—1
Nathan
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any 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.
Senate Bill No. 271, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 45 (MCL 24.245), as amended by 2004 PA 491.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 473 Yeas—104
Agema Genetski LeBlanc Pscholka
Ananich Gilbert Lindberg Rendon
Bauer Glardon Lipton Rogers
Bledsoe Goike Liss Rutledge
Bolger Haines Lori Santana
Brown Hammel Lund Schmidt, R.
Brunner Haugh Lyons Schmidt, W.
Bumstead Haveman MacGregor Segal
Byrum Heise MacMaster Shaughnessy
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Slavens
Clemente Horn McMillin Smiley
Constan Hovey-Wright Moss Somerville
Cotter Howze Muxlow Stallworth
Crawford Hughes Nesbitt Stamas
Daley Huuki O’Brien Stanley
Damrow Jackson Oakes Stapleton
Darany Jacobsen Olson Switalski
Denby Jenkins Olumba Talabi
Dillon Johnson Opsommer Tlaib
Durhal Kandrevas Ouimet Townsend
Farrington Knollenberg Outman Tyler
Forlini Kowall Pettalia Walsh
Foster Kurtz Poleski Womack
Franz LaFontaine Potvin Yonker
Geiss Lane Price Zorn
Nays—3
Barnett Irwin Nathan
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 272, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 32, 40, 43, 61, and 64 (MCL 24.232, 24.240, 24.243, 24.261, and 24.264), section 40 as amended by 1999 PA 262, section 43 as amended by 1989 PA 288, and section 61 as amended by 1982 PA 413.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 474 Yeas—100
Agema Gilbert LeBlanc Rendon
Ananich Glardon Lindberg Rogers
Bauer Goike Liss Rutledge
Bolger Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Moss Somerville
Crawford Howze Muxlow Stallworth
Daley Hughes Nesbitt Stamas
Damrow Huuki O’Brien Stanley
Darany Jackson Oakes Stapleton
Denby Jacobsen Olson Switalski
Dillon Jenkins Opsommer Talabi
Durhal Johnson Ouimet Tlaib
Farrington Kandrevas Outman Townsend
Forlini Knollenberg Pettalia Tyler
Foster Kowall Poleski Walsh
Franz Kurtz Potvin Womack
Geiss LaFontaine Price Yonker
Genetski Lane Pscholka Zorn
Nays—7
Barnett Brown Lipton Olumba
Bledsoe Irwin Nathan
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1969 PA 306, entitled “An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,” by amending sections 40 and 64 (MCL 24.240 and 24.264), section 40 as amended by 1999 PA 262.
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. 273, entitled
A bill to amend 1984 PA 27, entitled “An act to provide immunity from civil action to members of the legislature of this state for acts done pursuant to duty as legislators; to prohibit members of the legislature of this state from being made parties to contested cases or other administrative proceedings for acts done pursuant to duty as legislators; and to provide for certain exemptions from subpoenas,” by amending section 2 (MCL 4.552).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 475 Yeas—102
Agema Genetski LeBlanc Rendon
Ananich Gilbert Lindberg Rogers
Bauer Glardon Liss Rutledge
Bledsoe Goike Lori Santana
Bolger Haines Lund Schmidt, R.
Brown Hammel Lyons Schmidt, W.
Brunner Haugh MacGregor Segal
Bumstead Haveman MacMaster Shaughnessy
Byrum Heise McBroom Shirkey
Callton Hobbs McCann Slavens
Cavanagh Hooker McMillin Smiley
Clemente Horn Moss Somerville
Constan Hovey-Wright Muxlow Stallworth
Cotter Howze Nesbitt Stamas
Crawford Hughes O’Brien Stanley
Daley Huuki Oakes Stapleton
Damrow Jackson Olson Switalski
Darany Jacobsen Opsommer Talabi
Denby Jenkins Ouimet Tlaib
Dillon Johnson Outman Townsend
Durhal Kandrevas Pettalia Tyler
Farrington Knollenberg Poleski Walsh
Forlini Kowall Potvin Womack
Foster Kurtz Price Yonker
Franz LaFontaine Pscholka Zorn
Geiss Lane
Nays—5
Barnett Lipton Nathan Olumba
Irwin
In The Chair: Walsh
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. 274, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 35 and 45a (MCL 24.235 and 24.245a), section 35 as amended by 1995 PA 178 and section 45a as amended by 2004 PA 491.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 476 Yeas—100
Agema Genetski LeBlanc Price
Ananich Gilbert Lindberg Pscholka
Bauer Glardon Lipton Rendon
Bledsoe Goike Liss Rogers
Bolger Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Shaughnessy
Callton Heise MacMaster Shirkey
Cavanagh Hobbs McBroom Slavens
Clemente Hooker McCann Smiley
Constan Horn McMillin Somerville
Cotter Hovey-Wright Moss Stallworth
Crawford Howze Muxlow Stamas
Daley Hughes Nesbitt Stanley
Damrow Huuki O’Brien Stapleton
Darany Jackson Oakes Switalski
Denby Jacobsen Olson Talabi
Dillon Jenkins Olumba Tlaib
Durhal Johnson Opsommer Townsend
Farrington Knollenberg Ouimet Tyler
Forlini Kowall Outman Walsh
Foster Kurtz Pettalia Womack
Franz LaFontaine Poleski Yonker
Geiss Lane Potvin Zorn
Nays—7
Barnett Irwin Nathan Segal
Brown Kandrevas Rutledge
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 275, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1303, 1305, 1307, and 1311 (MCL 324.1303, 324.1305, 324.1307, and 324.1311), as added by 2004 PA 325.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 477 Yeas—66
Agema Goike LeBlanc Pettalia
Bolger Haines Lori Poleski
Brunner Haugh Lund Potvin
Bumstead Haveman Lyons Price
Callton Heise MacGregor Pscholka
Cotter Hooker MacMaster Rendon
Crawford Horn McBroom Rogers
Daley Hughes McMillin Schmidt, W.
Damrow Huuki Moss Shaughnessy
Denby Jacobsen Muxlow Shirkey
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
Nays—41
Ananich Durhal Lipton Slavens
Barnett Geiss Liss Smiley
Bauer Hammel McCann Stallworth
Bledsoe Hobbs Nathan Stanley
Brown Hovey-Wright Oakes Stapleton
Byrum Howze Olumba Switalski
Cavanagh Irwin Rutledge Talabi
Clemente Jackson Santana Tlaib
Constan Kandrevas Schmidt, R. Townsend
Darany Lindberg Segal Womack
Dillon
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 1303, 1305, and 1311 (MCL 324.1303, 324.1305, and 324.1311), as added by 2004 PA 325.
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. 276, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 3, 39, and 122 (MCL 24.203, 24.239, and 24.322), section 3 as amended by 1988 PA 277, section 39 as amended by 2004 PA 23, and section 122 as added by 1984 PA 196, and by adding section 45b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 478 Yeas—103
Agema Genetski LeBlanc Rendon
Ananich Gilbert Lindberg Rogers
Bauer Glardon Lipton Rutledge
Bledsoe Goike Liss Santana
Bolger Haines Lori Schmidt, R.
Brown Hammel Lund Schmidt, W.
Brunner Haugh Lyons Segal
Bumstead Haveman MacGregor Shaughnessy
Byrum Heise MacMaster Shirkey
Callton Hobbs McBroom Slavens
Cavanagh Hooker McCann Smiley
Clemente Horn McMillin Somerville
Constan Hovey-Wright Moss Stallworth
Cotter Howze Muxlow Stamas
Crawford Hughes Nesbitt Stanley
Daley Huuki O’Brien Stapleton
Damrow Jackson 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
Geiss Lane Pscholka
Nays—4
Barnett Irwin Nathan Olumba
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1969 PA 306, entitled “An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,” by amending section 122 (MCL 24.322), as added by 1984 PA 196, and by adding section 45b.
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. 277, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 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. 479 Yeas—94
Agema Genetski LeBlanc Potvin
Ananich Gilbert Lindberg Price
Bledsoe Glardon Liss Pscholka
Bolger Goike Lori Rendon
Brown Haines Lund Rogers
Brunner Hammel Lyons Rutledge
Bumstead Haugh MacGregor Schmidt, R.
Byrum Haveman MacMaster Schmidt, W.
Callton Heise McBroom Segal
Cavanagh Hobbs McCann Shaughnessy
Clemente Hooker McMillin Shirkey
Constan Horn Moss Slavens
Cotter Hughes Muxlow Smiley
Crawford Huuki Nathan Somerville
Daley Jackson Nesbitt Stallworth
Damrow Jacobsen O’Brien Stamas
Darany Jenkins Oakes Stanley
Denby Johnson Olson Switalski
Dillon Kandrevas Opsommer Townsend
Farrington Knollenberg Ouimet Tyler
Forlini Kowall Outman Walsh
Foster Kurtz Pettalia Yonker
Franz LaFontaine Poleski Zorn
Geiss Lane
Nays—12
Barnett Hovey-Wright Lipton Talabi
Bauer Howze Olumba Tlaib
Durhal Irwin Stapleton Womack
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
The House agreed to the full title.
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.
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. 480 Yeas—93
Agema Gilbert LeBlanc Price
Ananich Glardon Liss Pscholka
Bolger Goike Lori Rendon
Brown Haines Lund Rogers
Brunner Hammel Lyons Rutledge
Bumstead Haugh MacGregor Santana
Byrum Haveman MacMaster Schmidt, R.
Callton Heise McBroom Schmidt, W.
Cavanagh Hobbs McCann Segal
Clemente Hooker McMillin Shaughnessy
Constan Horn Moss Shirkey
Cotter Hughes Muxlow Slavens
Crawford Huuki Nathan Smiley
Daley Jackson Nesbitt Somerville
Damrow Jacobsen O’Brien Stallworth
Darany Jenkins Oakes Stamas
Denby Johnson Olson Stanley
Dillon Kandrevas Opsommer Switalski
Farrington Knollenberg Ouimet Townsend
Forlini Kowall Outman Tyler
Foster Kurtz Pettalia Walsh
Franz LaFontaine Poleski Yonker
Geiss Lane Potvin Zorn
Genetski
Nays—14
Barnett Hovey-Wright Lipton Talabi
Bauer Howze Olumba Tlaib
Bledsoe Irwin Stapleton Womack
Durhal Lindberg
In The Chair: Walsh
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 759, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by 2009 PA 151.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 481 Yeas—104
Ananich Genetski LeBlanc Pscholka
Barnett Gilbert Lindberg Rendon
Bauer Glardon Lipton Rogers
Bledsoe Goike Liss Rutledge
Bolger Haines Lori Santana
Brown Hammel Lund Schmidt, R.
Brunner Haugh Lyons Schmidt, W.
Bumstead Haveman MacGregor Segal
Byrum Heise MacMaster Shaughnessy
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Slavens
Clemente Horn McMillin Smiley
Constan Hovey-Wright Moss Somerville
Cotter Hughes Muxlow Stallworth
Crawford Huuki Nathan Stamas
Daley Irwin Nesbitt Stanley
Damrow Jackson O’Brien Stapleton
Darany Jacobsen Oakes Switalski
Denby Jenkins Olson Talabi
Dillon Johnson Opsommer Tlaib
Durhal Kandrevas Ouimet Townsend
Farrington Knollenberg Outman Tyler
Forlini Kowall Pettalia Walsh
Foster Kurtz Poleski Womack
Franz LaFontaine Potvin Yonker
Geiss Lane Price Zorn
Nays—3
Agema Howze Olumba
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”
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. 4820, entitled
A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 6 (MCL 125.2786), as amended by 2010 PA 137.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 482 Yeas—103
Ananich Glardon Lindberg Rendon
Barnett Goike Lipton Rogers
Bauer Haines Liss Rutledge
Bledsoe Hammel Lori Santana
Bolger Haugh Lund Schmidt, R.
Brunner Haveman Lyons Schmidt, W.
Bumstead Heise MacGregor Segal
Byrum Hobbs MacMaster Shaughnessy
Callton Hooker McBroom Shirkey
Cavanagh Horn McCann Slavens
Clemente Hovey-Wright Moss Smiley
Constan Howze Muxlow Somerville
Cotter Hughes Nathan Stallworth
Crawford Huuki Nesbitt Stamas
Daley Irwin O’Brien Stanley
Damrow Jackson Oakes Stapleton
Darany Jacobsen Olson Switalski
Denby Jenkins Olumba Talabi
Dillon Johnson Opsommer Tlaib
Durhal Kandrevas Ouimet Townsend
Farrington Knollenberg Outman Tyler
Forlini Kowall Pettalia Walsh
Foster Kurtz Poleski Womack
Franz LaFontaine Potvin Yonker
Geiss Lane Price Zorn
Gilbert LeBlanc Pscholka
Nays—4
Agema Brown Genetski McMillin
In The Chair: Walsh
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. 166, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2010 PA 155.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 483 Yeas—107
Agema Genetski LeBlanc Pscholka
Ananich Gilbert Lindberg Rendon
Barnett Glardon Lipton Rogers
Bauer Goike Liss Rutledge
Bledsoe Haines Lori Santana
Bolger Hammel Lund Schmidt, R.
Brown Haugh Lyons Schmidt, W.
Brunner Haveman MacGregor Segal
Bumstead Heise MacMaster Shaughnessy
Byrum Hobbs McBroom Shirkey
Callton Hooker McCann Slavens
Cavanagh Horn McMillin Smiley
Clemente Hovey-Wright Moss Somerville
Constan Howze Muxlow Stallworth
Cotter Hughes Nathan Stamas
Crawford Huuki Nesbitt Stanley
Daley Irwin O’Brien Stapleton
Damrow Jackson 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
Geiss Lane Price
Nays—0
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 150.
A resolution to declare November 13-19, 2011, as Nurse Practitioner Week in the state of Michigan.
(For text of resolution, see House Journal No. 91, p. 2572.)
(The resolution was reported by the Committee on Health Policy on November 10, with amendments.)
(For amendments, see today’s Journal, p. 2608.)
The question being on the adoption of the proposed amendments recommended by the Committee,
The amendments were adopted, a majority of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Messages from the Senate
The Speaker laid before the House
Senate Bill No. 502, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 513a.
(The bill was received from the Senate on November 8, with an amendment to the House substitute (H-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 9, see House Journal No. 91, p. 2578.)
The question being on concurring in the amendment to the House substitute (H-1) 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. 484 Yeas—79
Ananich Gilbert Lipton Schmidt, R.
Barnett Glardon Liss Schmidt, W.
Bauer Hammel Lund Segal
Bledsoe Haugh Lyons Shaughnessy
Bolger Haveman MacGregor Shirkey
Brunner Heise MacMaster Slavens
Byrum Hobbs McCann Smiley
Callton Horn Nathan Stallworth
Cavanagh Hovey-Wright Nesbitt Stamas
Clemente Howze O’Brien Stanley
Constan Hughes Oakes Stapleton
Crawford Huuki Olson Switalski
Daley Irwin Olumba Talabi
Darany Jackson Ouimet Tlaib
Dillon Jacobsen Poleski Townsend
Durhal Jenkins Price Tyler
Farrington Kandrevas Pscholka Walsh
Forlini Lane Rendon Womack
Foster LeBlanc Rutledge Zorn
Geiss Lindberg Santana
Nays—28
Agema Genetski Kurtz Opsommer
Brown Goike LaFontaine Outman
Bumstead Haines Lori Pettalia
Cotter Hooker McBroom Potvin
Damrow Johnson McMillin Rogers
Denby Knollenberg Moss Somerville
Franz Kowall Muxlow Yonker
In The Chair: Walsh
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Opsommer to the Chair.
House Bill No. 4042, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 1307 (MCL 324.1307), as added by 2004 PA 325.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), 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.
Rep. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 485 Yeas—101
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lindberg Rendon
Bauer Goike Liss Rogers
Bolger Haines Lori Rutledge
Brown Hammel Lund Santana
Brunner Haugh Lyons Schmidt, R.
Bumstead Haveman MacGregor Schmidt, W.
Byrum Heise MacMaster Segal
Callton Hobbs McBroom Shaughnessy
Cavanagh Hooker McCann Shirkey
Clemente Horn McMillin Slavens
Constan Hovey-Wright Moss Smiley
Cotter Howze Muxlow Somerville
Crawford Hughes Nathan Stallworth
Daley Huuki Nesbitt Stamas
Damrow Jackson O’Brien Stanley
Darany Jacobsen Oakes Stapleton
Denby Jenkins Olson Talabi
Dillon Johnson Opsommer Tlaib
Durhal Kandrevas Ouimet Townsend
Farrington Knollenberg Outman Tyler
Forlini Kowall Pettalia Walsh
Foster Kurtz Poleski Womack
Franz LaFontaine Potvin Yonker
Geiss Lane Price Zorn
Genetski
Nays—6
Barnett Irwin Olumba Switalski
Bledsoe Lipton
In The Chair: Opsommer
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4326, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 32 (MCL 24.232).
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.
Rep. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 486 Yeas—59
Agema Goike Lund Poleski
Bolger Haines Lyons Potvin
Bumstead Haveman MacGregor Price
Callton Heise MacMaster Pscholka
Cotter Hooker McBroom Rendon
Crawford Horn McMillin Rogers
Daley Hughes Moss Shaughnessy
Damrow Huuki Muxlow Shirkey
Denby Jacobsen Nesbitt Somerville
Farrington Jenkins O’Brien Stamas
Foster Johnson Olson Tyler
Franz Knollenberg Opsommer Walsh
Genetski Kowall Ouimet Yonker
Gilbert Kurtz Outman Zorn
Glardon LaFontaine Pettalia
Nays—48
Ananich Durhal LeBlanc Schmidt, W.
Barnett Forlini Lindberg Segal
Bauer Geiss Lipton Slavens
Bledsoe Hammel Liss Smiley
Brown Haugh Lori Stallworth
Brunner Hobbs McCann Stanley
Byrum Hovey-Wright Nathan Stapleton
Cavanagh Howze Oakes Switalski
Clemente Irwin Olumba Talabi
Constan Jackson Rutledge Tlaib
Darany Kandrevas Santana Townsend
Dillon Lane Schmidt, R. Womack
In The Chair: Opsommer
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4573, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 3, 39, 45, and 64 (MCL 24.203, 24.239, 24.245, and 24.264), section 3 as amended by 1988 PA 277, section 39 as amended by 2004 PA 23, and section 45 as amended by 2004 PA 491.
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 amended the title to read as follows:
A bill to amend 1969 PA 306, entitled “An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,” by amending sections 3 and 39 (MCL 24.203 and 24.239), section 3 as amended by 1988 PA 277 and section 39 as amended by 2004 PA 23.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 487 Yeas—77
Agema Haines Lund Pscholka
Bolger Hammel Lyons Rendon
Bumstead Haugh MacGregor Rogers
Callton Haveman MacMaster Rutledge
Clemente Heise McBroom Schmidt, R.
Constan Hooker McCann Schmidt, W.
Cotter Horn McMillin Segal
Crawford Hughes Moss Shaughnessy
Daley Huuki Muxlow Shirkey
Damrow Jacobsen Nesbitt Slavens
Denby Jenkins O’Brien Somerville
Dillon Johnson Olson Stamas
Farrington Knollenberg Opsommer Switalski
Forlini Kowall Ouimet Townsend
Foster Kurtz Outman Tyler
Franz LaFontaine Pettalia Walsh
Genetski LeBlanc Poleski Womack
Gilbert Liss Potvin Yonker
Glardon Lori Price Zorn
Goike
Nays—30
Ananich Darany Kandrevas Santana
Barnett Durhal Lane Smiley
Bauer Geiss Lindberg Stallworth
Bledsoe Hobbs Lipton Stanley
Brown Hovey-Wright Nathan Stapleton
Brunner Howze Oakes Talabi
Byrum Irwin Olumba Tlaib
Cavanagh Jackson
In The Chair: Opsommer
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
The Speaker Pro Tempore resumed the Chair.
______
Rep. Segal moved that Rep. Jackson be excused from the balance of today’s session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4163, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310b.
The bill was read a second time.
Rep. Potvin moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Meadows moved to amend the bill as follows:
1. Amend page 4, line 26, after “COMMUNICATION,” by inserting “THAT IS BASED ON A PUPIL’S ACTUAL OR PERCEIVED RELIGION, RACE, COLOR, NATIONAL ORIGIN, AGE, SEX, SEXUAL ORIENTATION, DISABILITY, HEIGHT, WEIGHT, GENDER IDENTITY, SOCIOECONOMIC STATUS, OR ANY OTHER DISTINGUISHING CHARACTERISTIC OR IS BASED ON ASSOCIATION WITH ANOTHER PERSON WHO HAS OR IS PERCEIVED TO HAVE ANY OF THESE CHARACTERISTICS AND”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Brown moved to amend the bill as follows:
1. Amend page 4, following line 14, by inserting:
“(7) THE DEPARTMENT SHALL ESTABLISH A FORM AND PROCEDURE FOR SCHOOL DISTRICTS, INTERMEDIATE SCHOOL DISTRICTS, AND PUBLIC SCHOOL ACADEMIES TO REPORT INCIDENTS OF BULLYING OR HARASSMENT TO THE DEPARTMENT ON AN ANNUAL BASIS AND SHALL MAKE THIS INFORMATION READILY AVAILABLE TO THE PUBLIC.” and renumbering the remaining subsections.
The question being on the adoption of the amendment offered by Rep. Brown,
Rep. Brown demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Brown,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 488 Yeas—45
Ananich Durhal LeBlanc Segal
Barnett Geiss Lindberg Slavens
Bauer Hammel Lipton Smiley
Bledsoe Haugh Liss Stallworth
Brown Hobbs McCann Stanley
Brunner Hovey-Wright Nathan Stapleton
Byrum Howze Oakes Switalski
Cavanagh Irwin Olumba Talabi
Clemente Kandrevas Rutledge Tlaib
Constan Kurtz Santana Townsend
Darany Lane Schmidt, R. Womack
Dillon
Nays—61
Agema Goike Lund Poleski
Bolger Haines Lyons Potvin
Bumstead Haveman MacGregor Price
Callton Heise MacMaster Pscholka
Cotter Hooker McBroom Rendon
Crawford Horn McMillin Rogers
Daley Hughes Moss Schmidt, W.
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 LaFontaine Outman Yonker
Gilbert Lori Pettalia Zorn
Glardon
In The Chair: Walsh
Rep. Slavens moved to amend the bill as follows:
1. Amend page 4, line 26, after “COMMUNICATION,” by inserting “THAT IS REASONABLY PERCEIVED TO BE MOTIVATED BY ANIMUS OR BY AN ACTUAL OR PERCEIVED CHARACTERISTIC AND”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. McCann moved to amend the bill as follows:
1. Amend page 4, line 19, after “INCLUDES” by striking out “CONDUCT” and inserting “BULLYING”.
2. Amend page 4, line 21, after “PREMISES” by striking out the balance of the subdivision and inserting a period.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Brown moved to amend the bill as follows:
1. Amend page 1, line 4, after the second “A” by inserting “ZERO-TOLERANCE”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Constan moved to amend the bill as follows:
1. Amend page 4, line 14, after “INCIDENT.” by inserting “HOWEVER, THIS IMMUNITY DOES NOT APPLY TO A SCHOOL OFFICIAL WHO IS DESIGNATED UNDER SUBSECTION (5)(D), OR WHO IS RESPONSIBLE FOR REMEDYING THE BULLYING, WHEN ACTING IN THAT CAPACITY.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Cavanagh moved to amend the bill as follows:
1. Amend page 5, line 7, after “CAUSING” by striking out “SUBSTANTIAL”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Potvin 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. 4163, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 489 Yeas—88
Ananich Geiss Lindberg Rutledge
Barnett Gilbert Lipton Santana
Bauer Glardon Liss Schmidt, R.
Bledsoe Goike Lori Schmidt, W.
Bolger Haines Lund Segal
Brown Hammel Lyons Shaughnessy
Brunner Haugh MacGregor Slavens
Byrum Heise MacMaster Smiley
Callton Hobbs McCann Somerville
Cavanagh Horn McMillin Stallworth
Clemente Hovey-Wright Moss Stamas
Constan Howze Nathan Stanley
Cotter Hughes O’Brien Stapleton
Crawford Irwin Oakes Switalski
Daley Jacobsen Olson Talabi
Darany Jenkins Olumba Tlaib
Denby Kandrevas Opsommer Townsend
Dillon Knollenberg Ouimet Tyler
Durhal Kowall Outman Walsh
Farrington LaFontaine Potvin Womack
Forlini Lane Pscholka Yonker
Foster LeBlanc Rendon Zorn
Nays—18
Agema Haveman McBroom Poleski
Bumstead Hooker Muxlow Price
Damrow Huuki Nesbitt Rogers
Franz Johnson Pettalia Shirkey
Genetski Kurtz
In The Chair: Walsh
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. Bumstead moved that his name be removed as co‑sponsor of the bill.
The motion prevailed.
Reps. Bauer, Bledsoe, Brunner, Byrum, Callton, Clemente, Constan, Crawford, Darany, Durhal, Foster, Geiss, Haugh, Heise, Howze, Hughes, Lane, Liss, MacMaster, McCann, Nathan, O’Brien, Oakes, Olson, Olumba, Ouimet, Rendon, Rutledge, Roy Schmidt, Wayne Schmidt, Segal, Slavens, Smiley, Stallworth, Stanley, Stapleton, Talabi, Tyler, Womack and Zorn were named co‑sponsors of the bill.
______
Rep. McBroom, 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:
The recent vote in the Senate seems to have heated the debate, if it wasn’t hot enough, on school bullying. Any of us who actually take time to remember school bullying know just how difficult it is to manage at the local level- so why do we even begin to believe some legislation passed down from Lansing will have any effectual impact? I understand that Michigan is one of three states without a state mandate on bullying. I believe bullying needs to be taken seriously and dealt with, but a Lansing solution will not be sufficient or an honest approach to dealing with the problem.
Any policy Lansing passes should allow for local control. It seems that bullying could be different in Escanaba than in Menominee and certainly different than Grand Rapids or Dearborn. The local schools are best equipped to address this issue. Let the local communities demand standards and policies that are appropriate and necessary to their local issues.
The unintended consequences from past micro-meddling in schools should be well remembered: students suspended for knives used for brownies or cake because of weapons free legislation, elementary students suspended for a kiss or hug from sexual harassment policies, and students reprimanded for handing out a Bible, Christmas card, or candy cane from non-discrimination rules.
And what can we expect to occur after this? It is too easy for us to believe what we are doing here today will only make the difference we intend: to protect children from a bully. But if a school district staff and parents aren’t already taking the personal responsibility to protect those who are being preyed on, how can we expect this legislation to help? In fact, by doing this legislation I believe we further facilitate the local abdication of responsibility to protect the vulnerable in a local, affective way because, ‘now the state has done the work. Now the state knows best and has done the job- I don’t need to use my own sensibilities about bullying, I’ll just follow the standards sent down from Lansing.’ Bullying is not like breaking the speed limit- protecting the vulnerable from bullying takes care and involvement that Lansing is not in a position to provide. And where will it end? Should we start passing anti-bullying bills for the workplace?
Ultimately, it is like asking for a shotgun blast to only hit a bull’s eye from 200 yards. This legislation will not stop bullying and it will not stop the tragedies that bullying has led to in some cases. I encourage members; don’t get roped into chasing the wind- stand against bullying by voting for our local schools and communities to take on this local issue. Vote against placing our local schools into another mandate that creates no impact besides busyness and warm fuzzies in Lansing. Thank you.”
Rep. Poleski, 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:
There is no excuse for people being bullied or otherwise abused. How to thwart it effectively?
In speaking with each of the school districts in my area, I am told that each has an anti-bullying policy, crafted for its purposes by its school board and management. If we enact HB 4163 or any similar bill, it will provide no more tools to our school districts than they currently have to enforce discipline.
Tangentially, by enacting a State mandate, we invite the reasonable response that we have imposed yet another unfunded mandate upon our local districts. I respectfully decline to impose such a burden.
This bill, while well-meaning, is not necessary in my view.
Thank you, Mr. Speaker, for the opportunity to explain my no vote on this very sensitive topic.”
Rep. Shirkey, 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:
It is imperative we take the safety of all children seriously. Passing legislation will not impact, in any material way, the safety of children. It will result in yet another unfunded mandate. But that is not my primary objection. I am certain that some young, innocent young man or lady will be accused of bullying while saying or doing something that, the day before passage, would have not been viewed as bullying at all. This will cause children to become labeled as a bully for something that, prior to legislation, would be typical childish misbehavior.
Schools, administrators, trained teachers, parents, and local leaders are best suited to address and solve this, without government intervention, at the local level. Communities can impact behavior. Legislation has proven rather ineffective in doing so.
Over 80% of schools already have bullying policies. We don’t need legislation to get to 100%. We need parents and communities to lead it.”
Reps. Franz and Pettalia, having reserved the right to explain their protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
Bullying is a serious problem, and I hope parents and schools keep up the good work they’ve already begun finding new ways to prevent it. I believe they can and they will, without state government forcing them to do it the state’s way.
The schools in my community are best-suited to address the bullying concerns students face.
I voted against House Bill 4163, which would amend the revised school code, because I believe it creates requirements for local communities that take away their right to govern themselves.
Because of this, I cannot vote in favor of this legislation as it is currently written.”
Rep. Nesbitt, 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:
There is an old axiom, ‘Why let the legislature get in the way of movement.’ The movement is already underway in Michigan, as nearly eighty percent of school districts in Michigan have anti-bullying policies and the number of school districts continue to grow who work together to create a policy that will work in their district. Growing up and attending public school’s I understand how tough it can be attending school and how mean some students can be, however, a legislative solution is no replacement to a locally decided solution. Bullying is a serious problem, and I hope our local schools continue to work on ensuring they have proper anti-bullying policies in place. The local community is in the best position to address concerns of the serious problem of bullying. I voted against HB4163, as it creates a new mandate on local schools, without ensuring that our schools are equipped to enforce policies on bullying. Because of this, I cannot vote for this legislation in its current form. I appreciate our teachers, parents, administrators, and students who continues to work towards solutions to end the practice of bullying in our schools.”
Rep. Johnson, 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:
Bullying is indeed a serious problem, and I hope parents and schools keep up the good work they’ve already begun on finding ways to address it. I believe that they can and they will without state government forcing them to do so. In conversations with my local schools in the 97th House District, I am confident that they realize the importance of addressing this topic.
I believe the loss of local control that HB4163 creates is unnecessary and have voted no on this legislation as currently presented.”
Rep. Hooker, 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 have been throughout my teaching career, one who would not tolerate any young person, not treated with respect and dignity. I believe every young person needs to have a safe environment to learn and grow. I believe each school works to guarantee that safety. A Lansing directive will only add paperwork, bureaucracy and multiple work for local schools. This legislation will not solve the problem...teachers, administrations and parents are the answer. The federal government and Michigan Department of Education already require every school to have and enforce a bullying policy.”
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Stamas moved that when the House adjourns today it stand adjourned until Tuesday, November 29, at 1:30 p.m.
The motion prevailed.
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, November 9:
Senate Bill Nos. 804 805 807 808 809
The Clerk announced that the following Senate bills had been received on Thursday, November 10:
Senate Bill Nos. 320 543 637 640 693 798 799
Messages from the Senate
House Bill No. 4017, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 1505.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4043, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 1511.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4293, entitled
A bill to revise, consolidate, and codify the laws relating to certain fireworks; to regulate the purchase, possession, sale, and use of certain fireworks; to establish a fireworks safety fund; to establish a fireworks safety fee; to provide for the transfer and expenditure of funds; to prescribe the powers and duties of certain state agencies; to provide for penalties and remedies; and to repeal acts and parts of acts.
The Senate has concurred in the House amendments to the Senate substitute (S-3).
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4500, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 53 (MCL 24.253), as amended by 2004 PA 23.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5114, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by repealing section 14i (MCL 400.14i).
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4445, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11m, 22a, 22b, 51a, 51c, and 74 (MCL 388.1611, 388.1611m, 388.1622a, 388.1622b, 388.1651a, 388.1651c, and 388.1674), sections 11, 11m, 22a, and 51a as amended by 2010 PA 217 and sections 22b, 51c, and 74 as amended by 2010 PA 110.
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 amended the title to read as follows:
A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 11 (MCL 388.1611), as amended by 2011 PA 62, and by adding section 32g.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5014, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; and to provide for the expenditure of the appropriations.
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 amended the title to read as follows:
A bill to make, supplement, and adjust appropriations for various state departments and agencies 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 Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Concurrent Resolution No. 39.
A concurrent resolution prescribing the legislative schedule.
(For text of resolution, see today’s Journal, p. 2607.)
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
Senate Bill No. 320, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 10, 13a, and 14 of chapter XIIA (MCL 712A.10, 712A.13a, and 712A.14), section 10 as amended by 1988 PA 92, section 13a as amended by 2004 PA 475, and section 14 as amended by 2001 PA 211, and by adding sections 14a and 14b 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. 543, entitled
A bill to amend 1953 PA 192, entitled “An act to create a county department of veterans’ affairs in certain counties, and to prescribe its powers and duties; and to transfer the powers and duties of the soldiers’ relief commission in such counties,” by amending section 1 (MCL 35.621), as amended by 2004 PA 11.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Senate Bill No. 637, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1347 (MCL 380.1347).
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. 640, entitled
A bill to amend 1911 PA 209, entitled “An act to adopt and prescribe the design of a state coat-of-arms and state flag, and their use, and to prohibit the use of the same for advertising purposes, and to provide a punishment for such forbidden use,” (MCL 2.21 to 2.27) by amending the title and by adding section 2a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Senate Bill No. 693, entitled
A bill to provide for the establishment of the MIHealth marketplace as a nonprofit corporation; to create the board of the MIHealth marketplace and prescribe its powers and duties; to provide for assessments and user fees; and to provide for the powers and duties of certain state and local governmental officers and agencies.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 798, entitled
A bill to amend 1946 (1st Ex Sess) PA 9, entitled “An act to create the Michigan veterans’ trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act,” (MCL 35.602 to 35.610) by adding sections 3b and 6a; 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 Government Operations.
Senate Bill No. 799, entitled
A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending sections 6, 7, and 8 (MCL 36.6, 36.7, and 36.8) and by adding section 2a; 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 Government Operations.
Messages from the Governor
Date: November 10, 2011
Time: 11:04 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4875 (Public Act No. 215, I.E.), being
An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 11511 and 11511b (MCL 324.11511 and 324.11511b), section 11511 as amended by 2004 PA 325 and section 11511b as added by 2005 PA 236.
(Filed with the Secretary of State November 10, 2011, at 11:30 a.m.)
Date: November 10, 2011
Time: 11:07 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4452 (Public Act No. 216, I.E.), being
An act to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to provide for the collection of such contributions; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of the provisions of this act; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” by amending section 27 (MCL 421.27), as amended by 2011 PA 14.
(Filed with the Secretary of State November 10, 2011, at 11:32 a.m.)
Date: November 10, 2011
Time: 11:09 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4881 (Public Act No. 217, I.E.), being
An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by repealing sections 819 and 824 (MCL 600.819 and 600.824).
(Filed with the Secretary of State November 10, 2011, at 11:34 a.m.)
Date: November 10, 2011
Time: 11:11 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4554 (Public Act No. 218, I.E.), being
An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 1301, 1307, 30102, 30104, 32603, 32604, 32606, 32607, 32609, and 32611 (MCL 324.1301, 324.1307, 324.30102, 324.30104, 324.32603, 324.32604, 324.32606, 324.32607, 324.32609, and 324.32611), section 1301 as amended by 2009 PA 120, section 1307 as added by 2004 PA 325, section 30102 as amended by 2009 PA 139, section 30104 as amended by 2011 PA 90, sections 32603, 32604, 32606, and 32609 as added by 2000 PA 278, section 32607 as amended by 2004 PA 546, and section 32611 as added by 2000 PA 277.
(Filed with the Secretary of State November 10, 2011, at 11:36 a.m.)
Date: November 10, 2011
Time: 11:01 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4061 (Public Act No. 219, I.E.), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 1027 (MCL 436.2027), as amended by 2010 PA 213.
(Filed with the Secretary of State November 10, 2011, at 11:38 a.m.)
Introduction of Bills
Reps. Wayne Schmidt, Damrow, Hughes, Foster, Johnson, Zorn, Rendon, Kurtz and Jenkins introduced
House Bill No. 5159, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1082 (MCL 600.1082), as added by 2004 PA 224.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Lund introduced
House Bill No. 5160, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 302 (MCL 600.302), as amended by 2001 PA 117.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Rep. Lund introduced
House Bill No. 5161, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 301 and 302 (MCL 600.301 and 600.302), section 301 as amended by 1993 PA 190 and section 302 as amended by 2001 PA 117, and by adding section 303a.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Reps. Damrow, Glardon, Ouimet, Haines, Tyler, Callton, Hughes, Darany, Lindberg, Bledsoe, Liss, Cavanagh, Ananich, Smiley, Haugh, Dillon, Geiss, Foster, Price, Pettalia, Bumstead, Lyons, Shirkey, Franz, Lori, LaFontaine, Yonker, Rogers, MacGregor, Agema, Rendon, Jenkins, Gilbert, Heise, Potvin, Muxlow, Forlini, Kowall and Johnson introduced
House Bill No. 5162, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 10B.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Damrow, Glardon, Callton, Hughes, Horn, Yonker, Rogers, MacGregor, Agema, Rendon, Jenkins, Gilbert, Heise, Potvin, Darany, Liss, Cavanagh, Haugh, Lyons, Kurtz, LaFontaine, Price, Muxlow, Forlini, Kowall and Johnson introduced
House Bill No. 5163, entitled
A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 7 (MCL 722.27), as amended by 2005 PA 328, and by adding section 7c.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Pettalia, Bumstead, Hughes, Lyons, Foster, Johnson, Damrow, Huuki, Genetski, Rendon, Potvin, Heise, Poleski, Haugh and Franz introduced
House Bill No. 5164, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 44514, 44516, 44517, 44518, 44520a, and 80124 (MCL 324.44514, 324.44516, 324.44517, 324.44518, 324.44520a, and 324.80124), sections 44514 and 44516 as added by 1995 PA 57, section 44517 as amended by 2004 PA 325, section 44518 as amended by 2004 PA 587, section 44520a as added by 2006 PA 183, and section 80124 as amended by 2007 PA 8, and by adding section 44515a.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Reps. Agema, Glardon, Bumstead, Genetski, Lori, Shirkey, Nesbitt, MacMaster, Yonker and Kowall introduced
House Bill No. 5165, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7oo.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Agema, Glardon, Bumstead, Genetski, Lori, Shirkey, Nesbitt, MacMaster, Yonker and Kowall introduced
House Bill No. 5166, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1211 (MCL 380.1211), as amended by 2010 PA 216.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Agema, Glardon, Bumstead, Genetski, Lori, Shirkey, MacMaster, Yonker and Kowall introduced
House Bill No. 5167, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21302, 21304a, 21307, 21307a, 21308a, 21309a, 21310a, 21311a, 21312a, 21313a, 21314a, 21315, 21502, 21503, 21510, 21515, 21517, 21520, 21558, and 21559 (MCL 324.21302, 324.21304a, 324.21307, 324.21307a, 324.21308a, 324.21309a, 324.21310a, 324.21311a, 324.21312a, 324.21313a, 324.21314a, 324.21315, 324.21502, 324.21503, 324.21510, 324.21515, 324.21517, 324.21520, 324.21558, and 324.21559), sections 21302 and 21307 as amended and sections 21307a and 21314a as added by 1995 PA 22, sections 21304a, 21308a, 21309a, 21310a, 21311a, 21312a, 21313a, and 21315 as amended by 1996 PA 116, sections 21502 and 21503 as amended by 2006 PA 318, section 21510 as amended by 1995 PA 252, section 21515 as amended by 1996 PA 181, section 21558 as added by 2006 PA 322, and section 21559 as amended by 2008 PA 417; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Barnett, Meadows, Jackson, Brown, Segal, Liss, Hovey-Wright, Slavens, Lindberg, Townsend, Cavanagh, Switalski, Irwin and Howze introduced
House Bill No. 5168, entitled
A bill to authorize the investment of certain endowment funds and other state funds; to authorize certain investments and programs; and to prescribe the powers and duties of certain state officials.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Reps. Barnett, Meadows, Brown, Segal, Liss, Slavens, Lindberg, Townsend, Switalski, Irwin and Howze introduced
House Bill No. 5169, entitled
A bill to provide for the organization, regulation, and certification of business development corporations; to provide for the powers and duties of business development corporations and their stockholders, directors, and loan participants; and to prescribe the powers and duties of certain state governmental officers and entities.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Reps. Segal, Meadows, Jackson, Brown, Liss, Barnett, Slavens, Lindberg, Switalski, Irwin and Howze introduced
House Bill No. 5170, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 625 (MCL 206.625), as added by 2011 PA 38.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Reps. Hovey-Wright, Meadows, Jackson, Brown, Segal, Liss, Barnett, Slavens, Lindberg, Townsend, Switalski, Irwin and Howze introduced
House Bill No. 5171, entitled
A bill to amend 1996 PA 354, entitled “Savings bank act,” by amending section 404 (MCL 487.3404).
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Reps. Slavens, Meadows, Jackson, Brown, Segal, Liss, Barnett, Hovey-Wright, Lindberg, Townsend, Cavanagh, Switalski and Howze introduced
House Bill No. 5172, entitled
A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4304 (MCL 487.14304).
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Reps. Tlaib, Meadows, Jackson, Brown, Segal, Liss, Barnett, Slavens, Hovey-Wright, Lindberg, Townsend, Cavanagh, Switalski, Irwin and Howze introduced
House Bill No. 5173, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 431 (MCL 490.431).
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Rep. Bumstead introduced
House Bill No. 5174, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 20g and 20i (MCL 791.220g and 791.220i), section 20g as amended by 2000 PA 211 and section 20i as added by 2006 PA 351.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Foster introduced
House Bill No. 5175, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72114 and 72115 (MCL 324.72114 and 324.72115), as added by 2010 PA 45.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Rep. Olson introduced
House Bill No. 5176, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3232 and 3240 (MCL 600.3232 and 600.3240), section 3240 as amended by 2010 PA 303.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
______
Rep. Darany moved that the House adjourn.
The motion prevailed, the time being 5:05 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, November 29, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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