No. 61
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2012
House Chamber, Lansing, Wednesday, June 13, 2012.
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 LeBlanc—present Price—present
Ananich—present Glardon—present Lindberg—present Pscholka—present
Barnett—present Goike—present Lipton—present Rendon—present
Bauer—present Graves—present Liss—present Rogers—present
Bledsoe—present Greimel—present Lori—present Rutledge—present
Bolger—present Haines—present Lund—present Santana—present
Brown—present Hammel—present Lyons—present Schmidt, R.—present
Brunner—present Haugh—present MacGregor—present Schmidt, W.—present
Bumstead—present Haveman—present MacMaster—present Segal—present
Byrum—present Heise—present McBroom—present Shaughnessy—present
Callton—present Hobbs—present McCann—present Shirkey—present
Cavanagh—present Hooker—present McMillin—present Slavens—present
Clemente—present Horn—present Meadows—present Smiley—present
Constan—present Hovey-Wright—present Moss—present Somerville—present
Cotter—present Howze—present Muxlow—present Stallworth—present
Crawford—present Hughes—present Nathan—present Stamas—present
Daley—present Huuki—present Nesbitt—present Stanley—present
Damrow—present Irwin—present O’Brien—present Stapleton—present
Darany—present Jackson—present Oakes—present Switalski—present
Denby—present Jacobsen—present Olson—present Talabi—present
Dillon—present Jenkins—present Olumba—present Tlaib—present
Durhal—present Johnson—present Opsommer—present Townsend—present
Farrington—present Kandrevas—present Ouimet—present Tyler—present
Forlini—present Knollenberg—present Outman—present Walsh—present
Foster—present Kowall—present Pettalia—present Womack—present
Franz—present Kurtz—present Poleski—present Yonker—present
Geiss—present LaFontaine—present Potvin—present Zorn—present
Genetski—present Lane—present
e/d/s = entered during session
Chaplain Rev. Major Lawrence L. Vollink, Chaplain of Michigan Wing Chaplain Civil Air Patrol, offered the following invocation:
“For all of our honorable Representatives and staff, we pray, Eternal God, we thank You for all of Your blessings You have bestowed upon us, especially for this great state of Michigan that we are privileged to serve. Be with all of our leaders who are making the decisions that affect us. Endow them with courage and conviction, adding wisdom to their knowledge, flavoring it with a dose of humility. May our motivations be out of our love for all people, and to help them to live peacefully. We ask not for tasks suited to our strength, but we ask for Your strength for any task that You have given to each of us to accomplish. Help us to live in knowledge that You have matched us to this hour in history, and that the place and time of our service to You and to our country is not random, but by Your wisdom and direction.
Walk close to our Representatives, so that they may not fail. Keep them pure in heart, clean in mind, and strong in purpose. Remind us, Lord, that Your Wisdom is not found in an hour, a day, or a year, but in a process that lasts a lifetime with You by our side. We ask for patience and understanding as our Representatives serve our great state of Michigan.
Watch over our Armed Forces this day and always. You, O Lord are our strength and shield. Bless us with Your abiding presence now and forever. AMEN.”
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The Speaker called the Speaker Pro Tempore to the Chair.
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Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Barnett, Smiley, Brunner, Irwin, Kandrevas, McCann, Haugh, Darany, Dillon, Geiss, Damrow, Daley, Rendon, O’Brien, Hobbs, Liss, Howze, Stallworth, Rutledge, Santana, Wayne Schmidt, Bauer, Cavanagh, Constan, Glardon, Haines, Heise, Johnson, Knollenberg, Kurtz, LeBlanc, Lipton, Roy Schmidt, Segal, Slavens, Switalski, Talabi and Tyler offered the following resolution:
House Resolution No. 292.
A resolution to declare June 25-29, 2012, as Service Disabled Veterans Business Awareness Week in the state of Michigan.
Whereas, The state of Michigan honors the extraordinary service rendered to the United States by veterans with disabilities incurred or aggravated in the line of duty during active service with the armed forces; and
Whereas, The people of the state of Michigan recognize the unique challenges faced by military veterans, specifically those injured in the line of duty, and their families upon returning from active service to life as a civilian; and
Whereas, The people of the state of Michigan are committed to ensuring that the men and women of the United States armed forces have access to quality employment opportunities upon completing their service to our nation; and
Whereas, The US Census Bureau reports that Michigan is home to at least 110,000 service disabled veterans; and
Whereas, In 2011, the unemployment rate of 14.4% among Michigan veterans was far greater than the statewide unemployment rate; and
Whereas, The unemployment rate among service disabled veterans is estimated to be significantly higher; and
Whereas, In the United States there 3,670,318 veteran-owned businesses and a significant number of these businesses are owned by disabled service veterans; and
Whereas, Veteran-owned businesses are largely committed to hiring service disabled veterans; and
Whereas, In 2005, Governor Granholm signed PA 91 into law which establishes a goal of awarding 3% of all state contracts to service disabled veteran-owned businesses; and
Whereas, In 2008, PA 133 raised that goal to 5% of all state contracts; and
Whereas, To date, the Michigan Department of Technology, Management, and Budget has awarded less than 1% of contracts to service disabled veteran owned businesses; and
Whereas, It is incumbent upon this legislature to see that the state recommits itself to achieving the goals set forth in PA 91 of 2005 and PA 133 of 2008; and
Whereas, On June 26-June 29, 2012, the National Veterans Small Business Conference will be hosted in Detroit. This conference presents an excellent opportunity for representatives of the state to connect with service disabled business owners; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare June 25-29, 2012, as Service Disabled Veterans Business Awareness Week in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Darany, Tlaib, Constan, Meadows, Cavanagh, Lindberg, Barnett, Heise, Knollenberg, Liss, Roy Schmidt, Slavens, Switalski and Talabi offered the following resolution:
House Resolution No. 293.
A resolution to offer best wishes to Muslims in Michigan and worldwide on the joyous and meaningful observance of Ramadan, a month of reflection and prayer.
Whereas, There are approximately 1.6 billion Muslims worldwide, which is more than 23 percent of the world’s population. One of the largest and most productive populations resides in southeast Michigan and observes the holy month of Ramadan; and
Whereas, This month is observed in dedication to the Islamic principles and in commemoration of the month in which the holy Quran was revealed to prophet Muhammad; and
Whereas, Muslims around the world will observe Ramadan by fasting, emphasizing self-discipline, worship, and reading the holy Quran to improve patience, humility, and spirituality; and
Whereas, Muslims spend this time in reflection and prayer, while strengthening the bonds of family and friendship; and
Whereas, This month of sacrifice and contemplation begins on or about the evening of Thursday, July 19, 2012, and continues until on or about the evening of Saturday, August 18, 2012, with Eid al-Fitr, the celebration of prophet Abraham’s sacrifice; now, therefore, be it
Resolved by House of Representatives, That the members of this legislative body offer best wishes to Muslims in Michigan and worldwide on the joyous and meaningful observance of Ramadan, a month of reflection and prayer.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Huuki, Foster, McBroom, Lindberg, Bumstead, Barnett, Cavanagh, Constan, Crawford, Darany, Haines, Heise, Johnson, LeBlanc, Liss, Roy Schmidt, Slavens, Switalski, Talabi and Tyler offered the following resolution:
House Resolution No. 294.
A resolution to urge the President of the United States to declare a major disaster or emergency for areas in Michigan’s Upper Peninsula impacted by the Duck Lake wildfire.
Whereas, The Duck Lake fire in Luce County, Michigan, began May 24th following a lightning strike. As of June 6th, the wildfire has covered 21,112 acres and destroyed 49 cabins and homes, including a motel and store; 23 garages; 38 sheds; and 26 campers; and
Whereas, The Duck Lake fire is now the third largest forest fire to ever burn in the history of the great state of Michigan; and
Whereas, Governor Snyder declared a state of disaster in Luce and Schoolcraft counties on May 25, 2012, to make all state resources available to fight the fire. In addition, Governor Snyder activated the National Guard to provide assistance; and
Whereas, The Michigan Department of Natural Resources, in cooperation with state and local partners, has fought in dangerous conditions against the wildfire to protect people, property, and Michigan’s natural resources. One hundred fifty-six people, 16 engines, 5 bulldozers, 4 hand crews, and 1 fixed-wing aircraft have been employed to stop the fire. The tireless and selfless efforts of the professional personnel, countless volunteers, and laypersons helped avert even further property damage and prevented the loss of life; and
Whereas, Federal assistance is necessary to supplement state efforts and resources. Michigan’s third largest wildfire has caused extensive damage and irreparably changed people’s lives. Every means available will be needed to help residents rebuild their communities, homes, and businesses; now, therefore, be it
Resolved by the House of Representatives, That we urge the President of the United States to declare a major disaster or emergency for areas in Michigan’s Upper Peninsula impacted by the Duck Lake wildfire; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the Regional Administrator of the Federal Emergency Management Agency, the members of the Michigan congressional delegation, and the Office of the Governor.
The question being on the adoption of the resolution,
Rep. Stamas moved that consideration of the resolution be postponed for the day.
The motion prevailed.
Reps. Roy Schmidt, Cavanagh, Constan, Heise, Liss and Switalski offered the following resolution:
House Resolution No. 295.
A resolution to declare July 11, 2012, as Srebrenica Remembrance Day and July 11-18, 2012, as Bosnia and Herzegovina Tribute Week in the state of Michigan.
Whereas, Both the United States Senate and the United States House of Representatives passed resolutions in 2005 acknowledging the genocide that Serbian forces perpetrated in Srebrenica and all of Bosnia from 1992-1995; and
Whereas, July 11, 2012, is the 17th anniversary of the Srebrenica genocide in which at least 8,372 innocent Bosniak civilians were summarily executed and 30,000 were expelled from their homes in the worst atrocity in Europe since the Holocaust; and
Whereas, The commemoration of this anniversary, together with this year’s 20th anniversary of the beginning of the war in Bosnia and Herzegovina, raises awareness of the tragic suffering of the Bosnian people and honors and remembers over 100,000 civilians who died as a result of the policies of ethnic cleansing and aggression in Bosnia and Herzegovina during the period of 1992-1995; and
Whereas, The Congress of North American Bosniaks (CNAB), the umbrella organization representing Bosniaks in the United States and Canada, requested this resolution; and
Whereas, The state of Michigan recognizes the importance of this event to bring closure for the Bosnian people through justice and truth; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare July 11, 2012, as Srebrenica Remembrance Day and July 11-18, 2012, as Bosnia and Herzegovina Tribute Week in the state of Michigan; and be it further
Resolved, That we call upon all citizens to reject violence and hate and to promote peaceful coexistence among all.
The question being on the adoption of the resolution,
The resolution was adopted.
Second Reading of Bills
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 bill was read a second time.
Rep. LaFontaine moved to amend the bill as follows:
1. Amend page 2, line 1, after “county.” by inserting “EACH MEMBER APPOINTED SHALL HAVE DEMONSTRATED KNOWLEDGE, SKILLS, AND EXPERIENCE IN PUBLIC SERVICE, BUSINESS, OR FINANCE.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1104, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 703 (MCL 206.703), as amended by 2011 PA 188.
The bill was read a second time.
Rep. Gilbert moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 853, entitled
A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending sections 29, 35, and 59 (MCL 256.649, 256.655, and 256.679).
The bill was read a second time.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1030, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 682 (MCL 257.682), as amended by 1990 PA 188.
The bill was read a second time.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1034, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2011 PA 255.
The bill was read a second time.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5128, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 10B
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Judiciary,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Brown moved to amend the bill as follows:
1. Amend page 6, line 22, after “OF” by inserting “SITTING”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Walsh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5437, entitled
A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 32 (MCL 432.32), as amended by 1996 PA 13.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Commerce,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Zorn moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5461, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14c of chapter XVII (MCL 777.14c), as added by 2002 PA 29.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Commerce,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Shaughnessy moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1106, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 46 (MCL 421.46), as amended by 2011 PA 269.
The bill was read a second time.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1107, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 13m (MCL 421.13m), as amended by 2011 PA 269.
The bill was read a second time.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 783, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2962 (MCL 600.2962), as added by 1995 PA 249.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 995, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20934 (MCL 333.20934), as amended by 2000 PA 375.
The bill was read a second time.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5729, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2011 PA 38.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Jenkins moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1146, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 20a (MCL 257.20a), as added by 1996 PA 404.
The bill was read a second time.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1094, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding sections 28b, 28c, 28d, 28e, 28f, 28g, 28h, 28i, 28j, 28k, 28l, and 28m.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Commerce,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
Senate Bill No. 717, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 43526a; and to repeal acts and parts of acts.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Haugh, Bledsoe and Slavens
Nays: None
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
Senate Bill No. 1052, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 30301, 30305, 30306, 30312, 32501, 32503, 32512, 32512a, and 32513 (MCL 324.30301, 324.30305, 324.30306, 324.30312, 324.32501, 324.32503, 324.32512, 324.32512a, and 324.32513), sections 30301, 30306, 30312, and 32512a as amended by 2009 PA 120, sections 30305, 32501, and 32512 as amended by 2003 PA 14, section 32503 as amended by 2004 PA 325, and section 32513 as amended by 2011 PA 90; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Haugh and Bledsoe
Nays: None
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
Senate Bill No. 1130, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 35301, 35302, 35304, 35305, 35306, 35310, 35311, 35312, 35313, 35316, 35317, 35319, 35320, 35321, 35322, and 35323 (MCL 324.35301, 324.35302, 324.35304, 324.35305, 324.35306, 324.35310, 324.35311, 324.35312, 324.35313, 324.35316, 324.35317, 324.35319, 324.35320, 324.35321, 324.35322, and 324.35323), sections 35301, 35316, and 35317 as amended by 1995 PA 262, sections 35302, 35305, 35306, 35310, 35311, 35312, 35313, 35319, 35320, 35321, 35322, and 35323 as added by 1995 PA 59, and section 35304 as amended by 2004 PA 325, and by adding sections 35311a and 35311b; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Johnson and Pettalia
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: Tuesday, June 12, 2012
Present: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Haugh, Bledsoe and Slavens
Absent: Rep. Stapleton
Excused: Rep. Stapleton
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The Speaker Pro Tempore called Associate Speaker Pro Tempore Opsommer to the Chair.
Third Reading of Bills
Senate Bill No. 582, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2009 PA 37.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Potvin moved to substitute (H-3) the bill.
The motion was seconded and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 428 Yeas—110
Agema Gilbert LeBlanc Price
Ananich Glardon Lindberg Pscholka
Barnett Goike Lipton Rendon
Bauer Graves Liss Rogers
Bledsoe Greimel Lori Rutledge
Bolger Haines Lund Santana
Brown Hammel Lyons Schmidt, R.
Brunner Haugh MacGregor Schmidt, W.
Bumstead Haveman MacMaster Segal
Byrum Heise McBroom Shaughnessy
Callton Hobbs McCann Shirkey
Cavanagh Hooker McMillin Slavens
Clemente Horn Meadows Smiley
Constan Hovey-Wright Moss Somerville
Cotter Howze Muxlow Stallworth
Crawford Hughes Nathan Stamas
Daley Huuki Nesbitt Stanley
Damrow Irwin O’Brien Stapleton
Darany Jackson Oakes Switalski
Denby Jacobsen Olson Talabi
Dillon Jenkins Olumba Tlaib
Durhal Johnson Opsommer Townsend
Farrington Kandrevas Ouimet Tyler
Forlini Knollenberg Outman Walsh
Foster Kowall Pettalia Womack
Franz Kurtz Poleski Yonker
Geiss LaFontaine Potvin Zorn
Genetski Lane
Nays—0
In The Chair: Opsommer
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 719 (MCL 257.719), as amended by 2012 PA 80.
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. 109, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57v.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 429 Yeas—110
Agema Gilbert LeBlanc Price
Ananich Glardon Lindberg Pscholka
Barnett Goike Lipton Rendon
Bauer Graves Liss Rogers
Bledsoe Greimel Lori Rutledge
Bolger Haines Lund Santana
Brown Hammel Lyons Schmidt, R.
Brunner Haugh MacGregor Schmidt, W.
Bumstead Haveman MacMaster Segal
Byrum Heise McBroom Shaughnessy
Callton Hobbs McCann Shirkey
Cavanagh Hooker McMillin Slavens
Clemente Horn Meadows Smiley
Constan Hovey-Wright Moss Somerville
Cotter Howze Muxlow Stallworth
Crawford Hughes Nathan Stamas
Daley Huuki Nesbitt Stanley
Damrow Irwin O’Brien Stapleton
Darany Jackson Oakes Switalski
Denby Jacobsen Olson Talabi
Dillon Jenkins Olumba Tlaib
Durhal Johnson Opsommer Townsend
Farrington Kandrevas Ouimet Tyler
Forlini Knollenberg Outman Walsh
Foster Kowall Pettalia Womack
Franz Kurtz Poleski Yonker
Geiss LaFontaine Potvin Zorn
Genetski Lane
Nays—0
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Associate Speaker Pro Tempore Opsommer called Associate Speaker Pro Tempore O’Brien to the Chair.
______
Rep. Stamas moved that Rep. Walsh be excused temporarily from today’s session.
The motion prevailed.
Senate Bill No. 570, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 13f.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 430 Yeas—108
Agema Genetski LaFontaine Potvin
Ananich Gilbert Lane Price
Barnett Glardon LeBlanc Pscholka
Bauer Goike Lindberg Rendon
Bledsoe Graves Lipton Rogers
Bolger Greimel Liss Rutledge
Brown 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 Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Olumba Townsend
Forlini Kandrevas Ouimet Tyler
Foster Knollenberg Outman Womack
Franz Kowall Pettalia Yonker
Geiss Kurtz Poleski Zorn
Nays—1
Opsommer
In The Chair: O’Brien
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to create a construction code commission and prescribe its functions; to authorize the director to promulgate rules with recommendations from each affected board relating to the construction, alteration, demolition, occupancy, and use of buildings and structures; to prescribe energy conservation standards for the construction of certain buildings; to provide for statewide approval of premanufactured units; to provide for the testing of new devices, materials, and techniques for the construction of buildings and structures; to define the classes of buildings and structures affected by the act; to provide for administration and enforcement of the act; to create a state construction code fund; to prohibit certain conduct; to establish penalties, remedies, and sanctions for violations of the act; to repeal acts and parts of acts; and to provide an appropriation,”
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.
______
Rep. Opsommer, 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:
While I support the ability of homeowners to have log walls in residential buildings, it is my opinion that this exception does not go far enough and relies too heavily on foreign standards set by the International Code Council (ICC) and the agendas of other international organizations. In many cases such standards are too restrictive, not appropriate for Michigan or the United States, and in my opinion should not become rules automatically adopted by the state.”
______
Rep. Segal moved that Rep. Olumba be excused temporarily from today’s session.
The motion prevailed.
Senate Bill No. 551, entitled
A bill to amend 1909 PA 17, entitled “An act to prohibit or limit the access by prisoners and by employees of correctional facilities to certain weapons and wireless communication devices and to alcoholic liquor, drugs, medicines, poisons, and controlled substances in, on, or outside of correctional facilities; to prohibit or limit the bringing into or onto certain facilities and real property, and the disposition of, certain weapons, substances, and wireless communication devices; to prohibit or limit the selling, giving, or furnishing of certain weapons, substances, and wireless communication devices to prisoners; to prohibit the control or possession of certain weapons, substances, and wireless communication devices by prisoners; and to prescribe penalties,” by amending section 3a (MCL 800.283a), as added by 2006 PA 540.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 431 Yeas—104
Agema Genetski Kurtz Pettalia
Ananich Gilbert LaFontaine Poleski
Barnett Glardon Lane Potvin
Bauer Goike LeBlanc Price
Bledsoe Graves Lindberg Pscholka
Bolger Greimel Lipton Rendon
Brown Haines Liss Rogers
Brunner Hammel Lori Rutledge
Bumstead Haugh Lund Schmidt, R.
Byrum Haveman Lyons Schmidt, W.
Callton Heise MacGregor Segal
Cavanagh Hobbs MacMaster Shaughnessy
Clemente Hooker McBroom Shirkey
Constan Horn McCann Slavens
Cotter Hovey-Wright McMillin Smiley
Crawford Howze Meadows Somerville
Daley Hughes Moss Stamas
Damrow Huuki Muxlow Stanley
Darany Irwin Nathan Stapleton
Denby Jackson Nesbitt Switalski
Dillon Jacobsen O’Brien Talabi
Farrington Jenkins Oakes Townsend
Forlini Johnson Olson Tyler
Foster Kandrevas Opsommer Womack
Franz Knollenberg Ouimet Yonker
Geiss Kowall Outman Zorn
Nays—4
Durhal Santana Stallworth Tlaib
In The Chair: O’Brien
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 552, entitled
A bill to amend 1981 PA 7, entitled “An act to prohibit without authorization the bringing into jails and other specified areas any alcoholic liquor, controlled substances, weapons, and certain other items; the selling or furnishing to prisoners, and the improper disposal of any alcoholic liquor, controlled substances, weapons, and certain other items; the possession or control by prisoners of any alcoholic liquor, controlled substances, weapons, and certain other items; to prescribe a penalty; and to repeal certain acts and parts of acts,” (MCL 801.261 to 801.267) by adding section 2a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 432 Yeas—105
Agema Gilbert LaFontaine Pettalia
Ananich Glardon Lane Poleski
Barnett Goike LeBlanc Potvin
Bauer Graves Lindberg Price
Bledsoe Greimel Lipton Pscholka
Bolger Haines Liss Rendon
Brown Hammel Lori Rogers
Brunner Haugh Lund Rutledge
Bumstead Haveman Lyons Schmidt, R.
Byrum Heise MacGregor Schmidt, W.
Callton Hobbs MacMaster Segal
Cavanagh Hooker McBroom Shaughnessy
Clemente Horn McCann Shirkey
Constan Hovey-Wright McMillin Slavens
Cotter Howze Meadows Smiley
Crawford Hughes Moss Somerville
Daley Huuki Muxlow Stamas
Damrow Irwin Nathan Stanley
Darany Jackson Nesbitt Stapleton
Denby Jacobsen O’Brien Switalski
Dillon Jenkins Oakes Talabi
Farrington Johnson Olson Townsend
Forlini Kandrevas Olumba Tyler
Foster Knollenberg Opsommer Womack
Franz Kowall Ouimet Yonker
Geiss Kurtz Outman Zorn
Genetski
Nays—4
Durhal Santana Stallworth Tlaib
In The Chair: O’Brien
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 717, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 43526a; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1052, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 30301, 30305, 30306, 30312, 32501, 32503, 32512, 32512a, and 32513 (MCL 324.30301, 324.30305, 324.30306, 324.30312, 324.32501, 324.32503, 324.32512, 324.32512a, and 324.32513), sections 30301, 30306, 30312, and 32512a as amended by 2009 PA 120, sections 30305, 32501, and 32512 as amended by 2003 PA 14, section 32503 as amended by 2004 PA 325, and section 32513 as amended by 2011 PA 90; 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-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. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1130, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 35301, 35302, 35304, 35305, 35306, 35310, 35311, 35312, 35313, 35316, 35317, 35319, 35320, 35321, 35322, and 35323 (MCL 324.35301, 324.35302, 324.35304, 324.35305, 324.35306, 324.35310, 324.35311, 324.35312, 324.35313, 324.35316, 324.35317, 324.35319, 324.35320, 324.35321, 324.35322, and 324.35323), sections 35301, 35316, and 35317 as amended by 1995 PA 262, sections 35302, 35305, 35306, 35310, 35311, 35312, 35313, 35319, 35320, 35321, 35322, and 35323 as added by 1995 PA 59, and section 35304 as amended by 2004 PA 325, and by adding sections 35311a and 35311b; and to repeal acts and parts of acts.
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. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
The Speaker Pro Tempore resumed the Chair.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5225, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 5a, and 5d (MCL 28.422, 28.425a, and 28.425d), section 2 as amended by 2010 PA 20, section 5a as added by 2000 PA 381, and section 5d as amended by 2002 PA 719, and by adding section 12c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 433 Yeas—74
Agema Goike Lori Potvin
Bolger Graves Lund Price
Brunner Haines Lyons Pscholka
Bumstead Haveman MacGregor Rendon
Byrum Heise MacMaster Rogers
Callton Hooker McBroom Schmidt, R.
Cotter Horn McMillin Schmidt, W.
Crawford Hughes Moss Segal
Daley Huuki Muxlow Shaughnessy
Damrow Jacobsen Nesbitt Shirkey
Denby Jenkins O’Brien Slavens
Dillon Johnson Oakes Smiley
Farrington Knollenberg Olson Somerville
Forlini Kowall Opsommer Stamas
Foster Kurtz Ouimet Tyler
Franz LaFontaine Outman Walsh
Genetski Lane Pettalia Yonker
Gilbert LeBlanc Poleski Zorn
Glardon Liss
Nays—36
Ananich Durhal Jackson Santana
Barnett Geiss Kandrevas Stallworth
Bauer Greimel Lindberg Stanley
Bledsoe Hammel Lipton Stapleton
Brown Haugh McCann Switalski
Cavanagh Hobbs Meadows Talabi
Clemente Hovey-Wright Nathan Tlaib
Constan Howze Olumba Townsend
Darany Irwin Rutledge Womack
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 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2b, 6, and 14a (MCL 28.422b, 28.426, and 28.434a), section 2b as amended by 2001 PA 199, section 6 as added by 2005 PA 242, and section 14a as added by 2010 PA 295, and by adding section 2c; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Agema, Bumstead, Cotter, Crawford, Damrow, Denby, Farrington, Forlini, Franz, Genetski, Glardon, Goike, Graves, Haines, Haveman, Heise, Hooker, Horn, Huuki, Jacobsen, Jenkins, Johnson, Knollenberg, Kowall, LaFontaine, Lane, LeBlanc, Lund, Lyons, MacGregor, MacMaster, Moss, Muxlow, Nesbitt, O’Brien, Outman, Pettalia, Poleski, Potvin, Pscholka, Rendon, Shaughnessy, Shirkey, Somerville, Tyler, Walsh and Yonker were named co‑sponsors of the bill.
______
Rep. Cavanagh, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
House Bills 5225, 5498 and 5499 - I voted NO on House Bills 5225, 5498 and 5499 because this legislation guts the Michigan’s pistol registration and licensing process which includes gutting provisions that prohibits the selling of a firearm to a minor. In Michigan 48% of gun purchases are between private individuals and this legislation strips mechanisms put in place by the state to control these private sales. With Michigan having four out of ten of the deadliest cities in America and the recent rash of shootings involving young victims we should not be looking to abolish the only gate-keeping system we have.”
House Bill No. 5498, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 11b and 16m of chapter XVII (MCL 777.11b and 777.16m), section 11b as amended by 2011 PA 257 and section 16m as amended by 2005 PA 106.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 434 Yeas—75
Agema Goike Liss Potvin
Bolger Graves Lori Price
Brunner Haines Lund Pscholka
Bumstead Hammel Lyons Rendon
Byrum Haveman MacGregor Rogers
Callton Heise MacMaster Schmidt, R.
Cotter Hooker McBroom Schmidt, W.
Crawford Horn McMillin Segal
Daley Hughes Moss Shaughnessy
Damrow Huuki Muxlow Shirkey
Denby Jacobsen Nesbitt Slavens
Dillon Jenkins O’Brien Smiley
Farrington Johnson Oakes Somerville
Forlini Knollenberg Olson Stamas
Foster Kowall Opsommer Tyler
Franz Kurtz Ouimet Walsh
Genetski LaFontaine Outman Yonker
Gilbert Lane Pettalia Zorn
Glardon LeBlanc Poleski
Nays—35
Ananich Durhal Kandrevas Stallworth
Barnett Geiss Lindberg Stanley
Bauer Greimel Lipton Stapleton
Bledsoe Haugh McCann Switalski
Brown Hobbs Meadows Talabi
Cavanagh Hovey-Wright Nathan Tlaib
Clemente Howze Olumba Townsend
Constan Irwin Rutledge Womack
Darany Jackson Santana
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 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 11b and 16m of chapter XVII (MCL 777.11b and 777.16m), as amended by 2012 PA 124.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Cavanagh, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
House Bills 5225, 5498 and 5499 - I voted NO on House Bills 5225, 5498 and 5499 because this legislation guts the Michigan’s pistol registration and licensing process which includes gutting provisions that prohibits the selling of a firearm to a minor. In Michigan 48% of gun purchases are between private individuals and this legislation strips mechanisms put in place by the state to control these private sales. With Michigan having four out of ten of the deadliest cities in America and the recent rash of shootings involving young victims we should not be looking to abolish the only gate-keeping system we have.”
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5287, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 622 and 1223 (MCL 380.622 and 380.1223), as amended by 2009 PA 22.
(The bill was received from the Senate on May 17, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 22, see House Journal No. 49, p. 886.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. McBroom moved to amend the Senate substitute (S-1) as follows:
1. Amend page 6, line 14, by striking out all of section 1211.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 435 Yeas—58
Agema Graves Lori Poleski
Bolger Haines Lund Price
Bumstead Haveman Lyons Pscholka
Callton Heise MacGregor Rendon
Cotter Hooker MacMaster Rogers
Crawford Horn McMillin Schmidt, R.
Daley Hughes Moss Schmidt, W.
Damrow Huuki Nesbitt Shaughnessy
Denby Jackson O’Brien Shirkey
Farrington Jacobsen Olson Somerville
Foster Jenkins Opsommer Stamas
Franz Knollenberg Ouimet Walsh
Genetski Kowall Outman Yonker
Gilbert Kurtz Pettalia Zorn
Glardon LaFontaine
Nays—52
Ananich Forlini LeBlanc Santana
Barnett Geiss Lindberg Segal
Bauer Goike Lipton Slavens
Bledsoe Greimel Liss Smiley
Brown Hammel McBroom Stallworth
Brunner Haugh McCann Stanley
Byrum Hobbs Meadows Stapleton
Cavanagh Hovey-Wright Muxlow Switalski
Clemente Howze Nathan Talabi
Constan Irwin Oakes Tlaib
Darany Johnson Olumba Townsend
Dillon Kandrevas Potvin Tyler
Durhal Lane Rutledge Womack
In The Chair: Walsh
The House agreed to the title as amended.
Rep. Womack moved that his name be removed as co‑sponsor of the bill.
The motion prevailed.
Rep. McBroom moved that his name be removed as sponsor of the bill.
The motion prevailed.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. McBroom, having reserved the right to explain his nay vote, made the following statement:
“Mr. Speaker and members of the House:
When I first introduced this legislation it was a good bill to help schools better manage their fund balance and also better utilize local banks. The bill passed the House unanimously. However, while the bill waited in the Senate an error in the signings of other bills created a need to place another issue into my bill. This issue deals with charter schools and their expansion, a bill I did not support earlier this session. The policy allows for a property tax exemption for private property owners who lease their properties to charter schools. I find this carve out to be bad public policy. A private property owner does not receive a property tax exemption for leasing to other non-profits. Therefore, I not only will now oppose my own bill but will request that my name be removed from the sponsorship of it as well. Thank you, Mr. Speaker.”
Third Reading of Bills
House Bill No. 5499, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 223, 224b, 231a, 232a, and 239a (MCL 750.223, 750.224b, 750.231a, 750.232a, and 750.239a), section 223 as amended by 1992 PA 221, sections 224b and 231a as amended by 2008 PA 196, section 232a as amended by 1990 PA 321, and section 239a as amended by 2010 PA 294; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 436 Yeas—75
Agema Goike Liss Potvin
Bolger Graves Lori Price
Brunner Haines Lund Pscholka
Bumstead Hammel Lyons Rendon
Byrum Haveman MacGregor Rogers
Callton Heise MacMaster Schmidt, R.
Cotter Hooker McBroom Schmidt, W.
Crawford Horn McMillin Segal
Daley Hughes Moss Shaughnessy
Damrow Huuki Muxlow Shirkey
Denby Jacobsen Nesbitt Slavens
Dillon Jenkins O’Brien Smiley
Farrington Johnson Oakes Somerville
Forlini Knollenberg Olson Stamas
Foster Kowall Opsommer Tyler
Franz Kurtz Ouimet Walsh
Genetski LaFontaine Outman Yonker
Gilbert Lane Pettalia Zorn
Glardon LeBlanc Poleski
Nays—35
Ananich Durhal Kandrevas Stallworth
Barnett Geiss Lindberg Stanley
Bauer Greimel Lipton Stapleton
Bledsoe Haugh McCann Switalski
Brown Hobbs Meadows Talabi
Cavanagh Hovey-Wright Nathan Tlaib
Clemente Howze Olumba Townsend
Constan Irwin Rutledge Womack
Darany Jackson Santana
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.
Reps. Bumstead, Cotter, Crawford, Daley, Damrow, Denby, Foster, Glardon, Graves, Haveman, Heise, Hooker, Horn, Huuki, Jenkins, Johnson, Knollenberg, Kurtz, LeBlanc, Liss, Lyons, MacGregor, MacMaster, Nesbitt, O’Brien, Opsommer, Outman, Poleski, Potvin, Rendon, Shirkey, Somerville, Stamas, Tyler, Walsh and Yonker were named co‑sponsors of the bill.
______
Rep. Cavanagh, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
House Bills 5225, 5498 and 5499 - I voted NO on House Bills 5225, 5498 and 5499 because this legislation guts the Michigan’s pistol registration and licensing process which includes gutting provisions that prohibits the selling of a firearm to a minor. In Michigan 48% of gun purchases are between private individuals and this legislation strips mechanisms put in place by the state to control these private sales. With Michigan having four out of ten of the deadliest cities in America and the recent rash of shootings involving young victims we should not be looking to abolish the only gate-keeping system we have.”
Senate Bill No. 698, entitled
A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending section 7 (MCL 551.7), as amended by 2008 PA 47.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 437 Yeas—110
Agema Gilbert LeBlanc Price
Ananich Glardon Lindberg Pscholka
Barnett Goike Lipton Rendon
Bauer Graves Liss Rogers
Bledsoe Greimel Lori Rutledge
Bolger Haines Lund Santana
Brown Hammel Lyons Schmidt, R.
Brunner Haugh MacGregor Schmidt, W.
Bumstead Haveman MacMaster Segal
Byrum Heise McBroom Shaughnessy
Callton Hobbs McCann Shirkey
Cavanagh Hooker McMillin Slavens
Clemente Horn Meadows Smiley
Constan Hovey-Wright Moss Somerville
Cotter Howze Muxlow Stallworth
Crawford Hughes Nathan Stamas
Daley Huuki Nesbitt Stanley
Damrow Irwin O’Brien Stapleton
Darany Jackson Oakes Switalski
Denby Jacobsen Olson Talabi
Dillon Jenkins Olumba Tlaib
Durhal Johnson Opsommer Townsend
Farrington Kandrevas Ouimet Tyler
Forlini Knollenberg Outman Walsh
Foster Kowall Pettalia Womack
Franz Kurtz Poleski Yonker
Geiss LaFontaine Potvin Zorn
Genetski Lane
Nays—0
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. 699, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 874 (MCL 600.874).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 438 Yeas—110
Agema Gilbert LeBlanc Price
Ananich Glardon Lindberg Pscholka
Barnett Goike Lipton Rendon
Bauer Graves Liss Rogers
Bledsoe Greimel Lori Rutledge
Bolger Haines Lund Santana
Brown Hammel Lyons Schmidt, R.
Brunner Haugh MacGregor Schmidt, W.
Bumstead Haveman MacMaster Segal
Byrum Heise McBroom Shaughnessy
Callton Hobbs McCann Shirkey
Cavanagh Hooker McMillin Slavens
Clemente Horn Meadows Smiley
Constan Hovey-Wright Moss Somerville
Cotter Howze Muxlow Stallworth
Crawford Hughes Nathan Stamas
Daley Huuki Nesbitt Stanley
Damrow Irwin O’Brien Stapleton
Darany Jackson Oakes Switalski
Denby Jacobsen Olson Talabi
Dillon Jenkins Olumba Tlaib
Durhal Johnson Opsommer Townsend
Farrington Kandrevas Ouimet Tyler
Forlini Knollenberg Outman Walsh
Foster Kowall Pettalia Womack
Franz Kurtz Poleski Yonker
Geiss LaFontaine Potvin Zorn
Genetski Lane
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 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.
Senate Bill No. 700, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8316 (MCL 600.8316).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 439 Yeas—110
Agema Gilbert LeBlanc Price
Ananich Glardon Lindberg Pscholka
Barnett Goike Lipton Rendon
Bauer Graves Liss Rogers
Bledsoe Greimel Lori Rutledge
Bolger Haines Lund Santana
Brown Hammel Lyons Schmidt, R.
Brunner Haugh MacGregor Schmidt, W.
Bumstead Haveman MacMaster Segal
Byrum Heise McBroom Shaughnessy
Callton Hobbs McCann Shirkey
Cavanagh Hooker McMillin Slavens
Clemente Horn Meadows Smiley
Constan Hovey-Wright Moss Somerville
Cotter Howze Muxlow Stallworth
Crawford Hughes Nathan Stamas
Daley Huuki Nesbitt Stanley
Damrow Irwin O’Brien Stapleton
Darany Jackson Oakes Switalski
Denby Jacobsen Olson Talabi
Dillon Jenkins Olumba Tlaib
Durhal Johnson Opsommer Townsend
Farrington Kandrevas Ouimet Tyler
Forlini Knollenberg Outman Walsh
Foster Kowall Pettalia Womack
Franz Kurtz Poleski Yonker
Geiss LaFontaine Potvin Zorn
Genetski Lane
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 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.
Senate Bill No. 861, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34a (MCL 791.234a), as added by 2010 PA 194.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 440 Yeas—110
Agema Gilbert LeBlanc Price
Ananich Glardon Lindberg Pscholka
Barnett Goike Lipton Rendon
Bauer Graves Liss Rogers
Bledsoe Greimel Lori Rutledge
Bolger Haines Lund Santana
Brown Hammel Lyons Schmidt, R.
Brunner Haugh MacGregor Schmidt, W.
Bumstead Haveman MacMaster Segal
Byrum Heise McBroom Shaughnessy
Callton Hobbs McCann Shirkey
Cavanagh Hooker McMillin Slavens
Clemente Horn Meadows Smiley
Constan Hovey-Wright Moss Somerville
Cotter Howze Muxlow Stallworth
Crawford Hughes Nathan Stamas
Daley Huuki Nesbitt Stanley
Damrow Irwin O’Brien Stapleton
Darany Jackson Oakes Switalski
Denby Jacobsen Olson Talabi
Dillon Jenkins Olumba Tlaib
Durhal Johnson Opsommer Townsend
Farrington Kandrevas Ouimet Tyler
Forlini Knollenberg Outman Walsh
Foster Kowall Pettalia Womack
Franz Kurtz Poleski Yonker
Geiss LaFontaine Potvin Zorn
Genetski Lane
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 revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with 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.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Opsommer to the Chair.
Senate Bill No. 248, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 503 and 2132 (MCL 324.503 and 324.2132), section 503 as amended by 2004 PA 587 and section 2132 as amended by 1998 PA 117.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 441 Yeas—58
Agema Goike Lori Outman
Bolger Graves Lund Poleski
Callton Haines Lyons Potvin
Cotter Haveman MacGregor Price
Crawford Heise MacMaster Pscholka
Daley Hooker McBroom Rogers
Damrow Horn McMillin Shaughnessy
Denby Huuki Moss Shirkey
Farrington Jacobsen Muxlow Somerville
Forlini Jenkins Nesbitt Stamas
Foster Johnson O’Brien Tyler
Franz Knollenberg Olson Walsh
Genetski Kowall Opsommer Yonker
Gilbert Kurtz Ouimet Zorn
Glardon LaFontaine
Nays—52
Ananich Durhal LeBlanc Schmidt, R.
Barnett Geiss Lindberg Schmidt, W.
Bauer Greimel Lipton Segal
Bledsoe Hammel Liss Slavens
Brown Haugh McCann Smiley
Brunner Hobbs Meadows Stallworth
Bumstead Hovey-Wright Nathan Stanley
Byrum Howze Oakes Stapleton
Cavanagh Hughes Olumba Switalski
Clemente Irwin Pettalia Talabi
Constan Jackson Rendon Tlaib
Darany Kandrevas Rutledge Townsend
Dillon Lane Santana Womack
In The Chair: Opsommer
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 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 503 and 2132 (MCL 324.503 and 324.2132), section 503 as amended by 2011 PA 65 and section 2132 as amended by 1998 PA 117.
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. 1044, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 267 (MCL 18.1267), as amended by 1999 PA 8.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 442 Yeas—66
Agema Graves Lund Potvin
Bolger Haines Lyons Price
Bumstead Haveman MacGregor Pscholka
Callton Heise MacMaster Rendon
Cotter Hooker McBroom Rogers
Crawford Horn McMillin Santana
Daley Hughes Moss Schmidt, R.
Damrow Huuki Muxlow Schmidt, W.
Denby Jackson Nesbitt Shaughnessy
Farrington Jacobsen O’Brien Shirkey
Forlini Jenkins Olson Somerville
Foster Johnson Opsommer Stamas
Franz Knollenberg Ouimet Tyler
Genetski Kowall Outman Walsh
Gilbert Kurtz Pettalia Yonker
Glardon LaFontaine Poleski Zorn
Goike Lori
Nays—44
Ananich Dillon Lane Segal
Barnett Durhal LeBlanc Slavens
Bauer Geiss Lindberg Smiley
Bledsoe Greimel Lipton Stallworth
Brown Hammel Liss Stanley
Brunner Haugh McCann Stapleton
Byrum Hobbs Meadows Switalski
Cavanagh Hovey-Wright Nathan Talabi
Clemente Howze Oakes Tlaib
Constan Irwin Olumba Townsend
Darany Kandrevas Rutledge Womack
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain 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.
Senate Bill No. 316, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2012 PA 29.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 443 Yeas—66
Agema Goike Lund Potvin
Bolger Graves Lyons Price
Bumstead Haines MacGregor Pscholka
Callton Haveman MacMaster Rendon
Cotter Heise McBroom Rogers
Crawford Hooker McMillin Schmidt, R.
Daley Horn Meadows Schmidt, W.
Damrow Hughes Moss Shaughnessy
Denby Huuki Muxlow Shirkey
Durhal Jacobsen O’Brien Somerville
Farrington Jenkins Olson Stallworth
Forlini Johnson Opsommer Stamas
Foster Knollenberg Ouimet Tyler
Franz Kowall Outman Walsh
Genetski Kurtz Pettalia Yonker
Gilbert LaFontaine Poleski Zorn
Glardon Lori
Nays—44
Ananich Dillon Lane Santana
Barnett Geiss LeBlanc Segal
Bauer Greimel Lindberg Slavens
Bledsoe Hammel Lipton Smiley
Brown Haugh Liss Stanley
Brunner Hobbs McCann Stapleton
Byrum Hovey-Wright Nathan Switalski
Cavanagh Howze Nesbitt Talabi
Clemente Irwin Oakes Tlaib
Constan Jackson Olumba Townsend
Darany Kandrevas Rutledge Womack
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to 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,”
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. 193, entitled
A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending sections 2, 4, 8, 12, 17, and 18 (MCL 28.452, 28.454, 28.458, 28.462, 28.467, and 28.468) and by adding sections 17a, 18a, 18b, and 18c.
The bill was read a third time.
The question being on the passage of the bill,
Rep. McMillin moved to amend the bill as follows:
1. Amend page 11, line 21, by striking out all of subsection (3) and renumbering the remaining subsections.
2. Amend page 12, line 11, after “subsection” by striking out “(5)” and inserting “(4)”.
The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 444 Yeas—93
Ananich Haines Lindberg Rogers
Barnett Hammel Lipton Rutledge
Bauer Haugh Liss Santana
Bledsoe Haveman Lori Schmidt, R.
Bolger Heise Lund Schmidt, W.
Brown Hobbs Lyons Segal
Brunner Horn MacGregor Shaughnessy
Byrum Hovey-Wright McBroom Slavens
Callton Howze McCann Smiley
Cavanagh Hughes McMillin Somerville
Clemente Huuki Meadows Stallworth
Constan Irwin Moss Stamas
Crawford Jackson Nathan Stanley
Damrow Jacobsen O’Brien Stapleton
Darany Jenkins Oakes Switalski
Denby Johnson Olson Talabi
Dillon Kandrevas Olumba Tlaib
Durhal Knollenberg Ouimet Townsend
Franz Kowall Outman Tyler
Geiss Kurtz Poleski Walsh
Gilbert LaFontaine Potvin Womack
Glardon Lane Price Yonker
Graves LeBlanc Rendon Zorn
Greimel
Nays—17
Agema Forlini Hooker Opsommer
Bumstead Foster MacMaster Pettalia
Cotter Genetski Muxlow Pscholka
Daley Goike Nesbitt Shirkey
Farrington
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to 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 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
Messages from the Senate
Senate Bill No. 760, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222 and 223 (MCL 750.222 and 750.223), section 222 as amended by 2001 PA 135 and section 223 as amended by 1992 PA 221.
(The bill was passed on May 31, see House Journal No. 55, p. 1246; returned from the Senate per House request on June 12, see House Journal No. 60, p. 1806.)
Rep. Stamas moved that Rule 63 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Stamas moved to reconsider the vote by which the House passed the bill.
The motion prevailed, a majority of the members serving voting therefor.
Third Reading of Bills
Senate Bill No. 760, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222 and 223 (MCL 750.222 and 750.223), section 222 as amended by 2001 PA 135 and section 223 as amended by 1992 PA 221.
The question being on the passage of the bill,
Rep. Shaughnessy moved to amend the bill as follows:
1. Amend page 4, following line 14, by inserting:
“SEC. 228. (1) A PERSON MAY LAWFULLY OWN, POSSESS, CARRY, OR TRANSPORT AS A PISTOL A FIREARM GREATER THAN 26 INCHES IN LENGTH IF ALL OF THE FOLLOWING CONDITIONS APPLY:
(A) THE PERSON REGISTERED THE FIREARM AS A PISTOL UNDER SECTION 2 OR 2A OF 1927 PA 372, MCL 28.422 AND 28.422A, BEFORE JANUARY 1, 2013.
(B) THE PERSON WHO REGISTERED THE FIREARM AS DESCRIBED IN SUBDIVISION (A) HAS MAINTAINED REGISTRATION OF THE FIREARM SINCE JANUARY 1, 2013 WITHOUT LAPSE.
(C) THE PERSON POSSESSES A COPY OF THE LICENSE OR RECORD ISSUED TO HIM OR HER UNDER SECTION 2 OR 2A OF 1927 PA 372, MCL 28.422 AND 28.422A.
(2) A PERSON WHO SATISFIES ALL OF THE CONDITIONS LISTED UNDER SUBSECTION (1) NEVERTHELESS MAY ELECT TO HAVE THE FIREARM NOT BE CONSIDERED TO BE A PISTOL. A PERSON WHO MAKES THE ELECTION UNDER THIS SUBSECTION SHALL NOTIFY THE DEPARTMENT OF STATE POLICE OF THE ELECTION IN A MANNER PRESCRIBED BY THAT DEPARTMENT.”.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 445 Yeas—110
Agema Gilbert LeBlanc Price
Ananich Glardon Lindberg Pscholka
Barnett Goike Lipton Rendon
Bauer Graves Liss Rogers
Bledsoe Greimel Lori Rutledge
Bolger Haines Lund Santana
Brown Hammel Lyons Schmidt, R.
Brunner Haugh MacGregor Schmidt, W.
Bumstead Haveman MacMaster Segal
Byrum Heise McBroom Shaughnessy
Callton Hobbs McCann Shirkey
Cavanagh Hooker McMillin Slavens
Clemente Horn Meadows Smiley
Constan Hovey-Wright Moss Somerville
Cotter Howze Muxlow Stallworth
Crawford Hughes Nathan Stamas
Daley Huuki Nesbitt Stanley
Damrow Irwin O’Brien Stapleton
Darany Jackson Oakes Switalski
Denby Jacobsen Olson Talabi
Dillon Jenkins Olumba Tlaib
Durhal Johnson Opsommer Townsend
Farrington Kandrevas Ouimet Tyler
Forlini Knollenberg Outman Walsh
Foster Kowall Pettalia Womack
Franz Kurtz Poleski Yonker
Geiss LaFontaine Potvin Zorn
Genetski Lane
Nays—0
In The Chair: Opsommer
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending sections 222 and 223 (MCL 750.222 and 750.223), section 222 as amended by 2001 PA 135 and section 223 as amended by 1992 PA 221, and by adding section 228.
The motion prevailed.
The House agreed to the title as amended.
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 761, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2008 PA 407.
(The bill was passed on May 31, see House Journal No. 55, p. 1247; returned from the Senate per House request on June 12, see House Journal No. 60, p. 1806.)
Rep. Stamas moved that Rule 63 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Stamas moved to reconsider the vote by which the House passed the bill.
The motion prevailed, a majority of the members serving voting therefor.
Third Reading of Bills
Senate Bill No. 761, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2008 PA 407.
The question being on the passage of the bill,
Rep. Shaughnessy moved to amend the bill as follows:
1. Amend page 3, following line 23, by striking out all of subsection (2) and inserting:
“(2) A PERSON MAY LAWFULLY OWN, POSSESS, CARRY, OR TRANSPORT AS A PISTOL A FIREARM GREATER THAN 26 INCHES IN LENGTH IF ALL OF THE FOLLOWING CONDITIONS APPLY:
(A) THE PERSON REGISTERED THE FIREARM AS A PISTOL UNDER SECTION 2 OR 2A BEFORE JANUARY 1, 2013.
(B) THE PERSON WHO REGISTERED THE FIREARM AS DESCRIBED IN SUBDIVISION (A) HAS MAINTAINED REGISTRATION OF THE FIREARM SINCE JANUARY 1, 2013 WITHOUT LAPSE.
(C) THE PERSON POSSESSES A COPY OF THE LICENSE OR RECORD ISSUED TO HIM OR HER UNDER SECTION 2 OR 2A.
(3) A PERSON WHO SATISFIES ALL OF THE CONDITIONS LISTED UNDER SUBSECTION (2) NEVERTHELESS MAY ELECT TO HAVE THE FIREARM NOT BE CONSIDERED TO BE A PISTOL. A PERSON WHO MAKES THE ELECTION UNDER THIS SUBSECTION SHALL NOTIFY THE DEPARTMENT OF STATE POLICE OF THE ELECTION IN A MANNER PRESCRIBED BY THAT DEPARTMENT.”.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 446 Yeas—110
Agema Gilbert LeBlanc Price
Ananich Glardon Lindberg Pscholka
Barnett Goike Lipton Rendon
Bauer Graves Liss Rogers
Bledsoe Greimel Lori Rutledge
Bolger Haines Lund Santana
Brown Hammel Lyons Schmidt, R.
Brunner Haugh MacGregor Schmidt, W.
Bumstead Haveman MacMaster Segal
Byrum Heise McBroom Shaughnessy
Callton Hobbs McCann Shirkey
Cavanagh Hooker McMillin Slavens
Clemente Horn Meadows Smiley
Constan Hovey-Wright Moss Somerville
Cotter Howze Muxlow Stallworth
Crawford Hughes Nathan Stamas
Daley Huuki Nesbitt Stanley
Damrow Irwin O’Brien Stapleton
Darany Jackson Oakes Switalski
Denby Jacobsen Olson Talabi
Dillon Jenkins Olumba Tlaib
Durhal Johnson Opsommer Townsend
Farrington Kandrevas Ouimet Tyler
Forlini Knollenberg Outman Walsh
Foster Kowall Pettalia Womack
Franz Kurtz Poleski Yonker
Geiss LaFontaine Potvin Zorn
Genetski Lane
Nays—0
In The Chair: Opsommer
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5468, entitled
A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending sections 102, 401a, 401b, 401c, 401d, and 717 (MCL 484.1102, 484.1401a, 484.1401b, 484.1401c, 484.1401d, and 484.1717), section 102 as amended and sections 401c and 401d as added by 2007 PA 164 and sections 401a, 401b, and 717 as amended by 2008 PA 379.
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. 447 Yeas—106
Ananich Glardon Lipton Pscholka
Barnett Graves Liss Rendon
Bauer Greimel Lori Rogers
Bledsoe Haines Lund Rutledge
Bolger Hammel Lyons Santana
Brown Haugh MacGregor Schmidt, R.
Brunner Haveman MacMaster Schmidt, W.
Byrum Heise McBroom Segal
Callton Hobbs McCann Shaughnessy
Cavanagh Hooker McMillin Shirkey
Clemente Horn Meadows Slavens
Constan Hovey-Wright Moss Smiley
Cotter Howze Muxlow Somerville
Crawford Hughes Nathan Stallworth
Daley Huuki Nesbitt Stamas
Damrow Irwin O’Brien Stanley
Darany Jackson Oakes Stapleton
Denby Jacobsen Olson Switalski
Dillon Jenkins Olumba Talabi
Durhal Johnson Opsommer Tlaib
Farrington Kandrevas Ouimet Townsend
Forlini Knollenberg Outman Tyler
Foster Kowall Pettalia Walsh
Franz Kurtz Poleski Womack
Geiss Lane Potvin Yonker
Genetski LeBlanc Price Zorn
Gilbert Lindberg
Nays—4
Agema Bumstead Goike LaFontaine
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.
______
The Speaker Pro Tempore resumed the Chair.
Second Reading of Bills
House Bill No. 5711, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2803, 2804, 2834, 2848, 13807, 16221, 16226, 16299, 17015, 17515, and 20115 (MCL 333.2803, 333.2804, 333.2834, 333.2848, 333.13807, 333.16221, 333.16226, 333.16299, 333.17015, 333.17515, and 333.20115), sections 2803, 2834, and 2848 as amended by 2002 PA 562, section 2804 as amended by 1990 PA 149, section 13807 as added by 1990 PA 21, section 16221 as amended by 2011 PA 222, section 16226 as amended by 2011 PA 224, section 16299 as amended by 2002 PA 685, section 17015 as amended by 2006 PA 77, section 17515 as added by 1993 PA 133, and section 20115 as amended by 1999 PA 206, and by adding sections 2836, 2854, 17015a, 17017, 17019, 17517, and 17519.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Health Policy (for amendment, see House Journal No. 59, p. 1714),
The amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Haines moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Brown moved to amend the bill as follows:
1. Amend page 45, following line 5, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4440 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Slavens moved to amend the bill as follows:
1. Amend page 45, following line 5, by inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 96th Legislature are enacted into law:
(a) House Bill No. 4799.
(b) House Bill No. 4805.
(c) House Bill No. 4806.
(d) House Bill No. 4807.
(e) House Bill No. 4808.
(f) House Bill No. 4809.
(g) House Bill No. 4810.
(h) House Bill No. 4811.
(i) House Bill No. 4812.
(j) House Bill No. 4813.
(k) House Bill No. 4814.
(l) House Bill No. 5181.
(m) House Bill No. 5712.
(n) House Bill No. 5713.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Segal moved to amend the bill as follows:
1. Amend page 43, line 3, after “subsection” by inserting “in which 50% or more of the patients annually served at the facility undergo an abortion”.
2. Amend page 43, line 6, after “facility” by striking out the balance of the line through “MONTH” on line 7.
3. Amend page 43, line 12, after “facility” by striking out the balance of the line through “MONTH” on line 16 and inserting “in which 50% or more of the patients annually served in the freestanding surgical outpatient facility undergo an abortion.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Hovey-Wright moved to amend the bill as follows:
1. Amend page 39, line 16, after “ABORTION.” by inserting “COMPLIANCE IS ALSO ESTABLISHED UNDER THIS SECTION IF A PHYSICIAN FOLLOWS A PROTOCOL THAT HAS BEEN RECOGNIZED AS SAFE AND EFFECTIVE IN A PEER-REVIEWED JOURNAL.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Smiley moved to amend the bill as follows:
1. Amend page 40, line 4, after “TO,” by striking out the balance of the line and inserting “MIFEPRISTONE AND MISOPROSTOL.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Tlaib moved to amend the bill as follows:
1. Amend page 21, line 1, after “abortion” by inserting “OR A VASECTOMY”.
2. Amend page 21, line 3, after “ABORT” by inserting “OR TO HAVE A VASECTOMY”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Hovey-Wright moved to amend the bill as follows:
1. Amend page 40, line 10, after “WOMAN” by inserting “OR A MAN”.
2. Amend page 40, line 11, after “ABORTION” by inserting “OR VASECTOMY”.
3. Amend page 40, line 13, after “ABORTIONS” by inserting “OR 5 OR MORE VASECTOMIES”.
4. Amend page 40, line 17, after “ABORTIONS” by inserting “OR VASECTOMIES”.
5. Amend page 41, line 14, after “WOMAN” by inserting “OR A MAN”.
6. Amend page 41, line 15, after “ABORTION” by inserting “OR VASECTOMY”.
7. Amend page 41, line 17, after “ABORTIONS” by inserting “OR 5 OR MORE VASECTOMIES”.
8. Amend page 41, line 21, after “ABORTIONS” by inserting “OR VASECTOMIES”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Oakes moved to amend the bill as follows:
1. Amend page 45, following line 3, by inserting:
“SEC. 20116. (1) BEFORE PRESCRIBING MEDICATION FOR ERECTILE DYSFUNCTION, A PHYSICIAN SHALL PERFORM A DIGITAL RECTAL EXAMINATION AND A CARDIAC STRESS TEST.
(2) INFORMED CONSENT FOR THE PROCEDURES DESCRIBED IN SUBSECTION (1) SHALL BE GIVEN AT LEAST 24 HOURS BEFORE THOSE PROCEDURES ARE PERFORMED.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Byrum moved to amend the bill as follows:
1. Amend page 45, following line 3, by inserting:
“SEC. 20117. (1) BEFORE PERFORMING A VASECTOMY, A PHYSICIAN SHALL MAKE A DETERMINATION THAT A MEDICAL EMERGENCY EXISTS OR THAT IT IS NECESSARY TO AVERT THE INDIVIDUAL’S DEATH.
(2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 15 YEARS OR A FINE OF NOT MORE THAN $7,500.00, OR BOTH.
(3) AS USED IN THIS SECTION, “MEDICAL EMERGENCY” MEANS A CONDITION THAT, ON THE BASIS OF A PHYSICIAN’S GOOD-FAITH CLINICAL JUDGMENT, SO COMPLICATES THE MEDICAL CONDITION OF AN INDIVIDUAL AS TO NECESSITATE AN IMMEDIATE VASECTOMY TO AVERT HIS DEATH OR NECESSITATES IMMEDIATE TREATMENT OF A PHYSICAL DISORDER, PHYSICAL ILLNESS, OR PHYSICAL INJURY IN A HOSPITAL OR OTHER EMERGENCY CARE FACILITY, NOT INCLUDING PSYCHOLOGICAL OR EMOTIONAL CONDITIONS. A MEDICAL EMERGENCY DOES NOT INCLUDE A CONDITION THAT IS BASED ON A CLAIM OR DIAGNOSIS THAT THE INDIVIDUAL WILL ENGAGE IN CONDUCT THAT HE INTENDS TO RESULT IN HIS DEATH.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Dillon moved to amend the bill as follows:
1. Amend page 38, line 19, by striking out all of section 17017.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Stapleton moved to amend the bill as follows:
1. Amend page 43, line 20, by striking out all of subsection (4) and inserting:
“(4) SUBJECT TO SECTION 20145 AND PART 222, THE DEPARTMENT MAY MODIFY OR WAIVE 1 OR MORE OF THE RULES CONTAINED IN R 325.3801 TO R 325.3877 OF THE MICHIGAN ADMINISTRATIVE CODE REGARDING CONSTRUCTION OR EQUIPMENT STANDARDS, OR BOTH, FOR A FREESTANDING SURGICAL OUTPATIENT FACILITY IN WHICH 50% OR MORE OF THE PATIENTS ANNUALLY SERVED IN THE FREESTANDING SURGICAL OUTPATIENT FACILITY UNDERGO AN ABORTION, IF BOTH OF THE FOLLOWING CONDITIONS ARE MET:
(A) THE FREESTANDING SURGICAL OUTPATIENT FACILITY WAS IN EXISTENCE AND OPERATING ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.
(B) THE DEPARTMENT MAKES A DETERMINATION THAT THE EXISTING CONSTRUCTION OR EQUIPMENT CONDITIONS, OR BOTH, WITHIN THE FREESTANDING SURGICAL OUTPATIENT FACILITY ARE ADEQUATE TO PRESERVE THE HEALTH AND SAFETY OF THE PATIENTS AND EMPLOYEES OF THE FREESTANDING SURGICAL OUTPATIENT FACILITY OR THAT THE CONSTRUCTION OR EQUIPMENT CONDITIONS, OR BOTH, CAN BE MODIFIED TO ADEQUATELY PRESERVE THE HEALTH AND SAFETY OF THE PATIENTS AND EMPLOYEES OF THE FREESTANDING SURGICAL OUTPATIENT FACILITY WITHOUT MEETING THE SPECIFIC REQUIREMENTS OF THE RULES.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Rendon moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stamas moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Rep. Segal moved that Rep. Santana be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5711, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2803, 2804, 2834, 2848, 13807, 16221, 16226, 16299, 17015, 17515, and 20115 (MCL 333.2803, 333.2804, 333.2834, 333.2848, 333.13807, 333.16221, 333.16226, 333.16299, 333.17015, 333.17515, and 333.20115), sections 2803, 2834, and 2848 as amended by 2002 PA 562, section 2804 as amended by 1990 PA 149, section 13807 as added by 1990 PA 21, section 16221 as amended by 2011 PA 222, section 16226 as amended by 2011 PA 224, section 16299 as amended by 2002 PA 685, section 17015 as amended by 2006 PA 77, section 17515 as added by 1993 PA 133, and section 20115 as amended by 1999 PA 206, and by adding sections 2836, 2854, 17015a, 17017, 17019, 17517, and 17519.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 448 Yeas—70
Agema Gilbert LeBlanc Pettalia
Bolger Glardon Liss Poleski
Brunner Goike Lori Potvin
Bumstead Graves Lund Price
Callton Haines Lyons Pscholka
Clemente Haveman MacGregor Rendon
Constan Heise MacMaster Rogers
Cotter Hooker McBroom Schmidt, R.
Crawford Horn McMillin Schmidt, W.
Daley Hughes Moss Shaughnessy
Damrow Huuki Muxlow Shirkey
Darany Jacobsen Nesbitt Somerville
Denby Jenkins O’Brien Stamas
Farrington Johnson Olson Tyler
Forlini Knollenberg Opsommer Walsh
Foster Kowall Ouimet Yonker
Franz Kurtz Outman Zorn
Genetski LaFontaine
Nays—39
Ananich Greimel Lindberg Smiley
Barnett Hammel Lipton Stallworth
Bauer Haugh McCann Stanley
Bledsoe Hobbs Meadows Stapleton
Brown Hovey-Wright Nathan Switalski
Byrum Howze Oakes Talabi
Cavanagh Irwin Olumba Tlaib
Dillon Jackson Rutledge Townsend
Durhal Kandrevas Segal Womack
Geiss Lane Slavens
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 1978 PA 368, entitled “Public health code,” by amending sections 2803, 2804, 2834, 2848, 13807, 16221, 16226, 16299, 17015, 17515, 20115, and 22224 (MCL 333.2803, 333.2804, 333.2834, 333.2848, 333.13807, 333.16221, 333.16226, 333.16299, 333.17015, 333.17515, 333.20115, and 333.22224), sections 2803, 2834, and 2848 as amended by 2002 PA 562, section 2804 as amended by 1990 PA 149, section 13807 as added by 1990 PA 21, section 16221 as amended by 2011 PA 222, section 16226 as amended by 2011 PA 224, section 16299 as amended by 2002 PA 685, section 17015 as amended by 2006 PA 77, section 17515 as added by 1993 PA 133, and section 20115 as amended and section 22224 as added by 1999 PA 206, and by adding sections 2836, 2854, 17015a, 17017, 17019, 17517, and 17519.
The motion prevailed.
The House agreed to the title as amended.
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The Speaker Pro Tempore called Associate Speaker Pro Tempore O’Brien to the Chair.
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 Thursday, June 14, at 10:00 a.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, June 13:
House Bill Nos. 5730 5731 5732
Reports of Standing Committees
The Committee on Appropriations, by Rep. Moss, Chair, reported
House Bill No. 5015, 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.
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. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka and Potvin
Nays: None
The Committee on Appropriations, by Rep. Moss, Chair, reported
Senate Bill No. 871, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
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. Moss, Haveman, Agema, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Durhal, Lindberg and McCann
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Moss, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, June 13, 2012
Present: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Durhal, Lindberg, Lipton, McCann and Tlaib
Absent: Rep. Jackson
Excused: Rep. Jackson
Messages from the Senate
House Bill No. 4513, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1147 (MCL 380.1147).
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. 4724, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 14l.
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. 4913, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2008 PA 299.
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. 5164, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301, 2035, 44501, 44511, 44516, 44518, 44520, 44520a, and 44524 (MCL 324.1301, 324.2035, 324.44501, 324.44511, 324.44516, 324.44518, 324.44520, 324.44520a, and 324.44524), section 1301 as amended by 2011 PA 218, section 2035 as added and sections 44501, 44511, and 44518 as amended by 2004 PA 587, sections 44516, 44520, and 44524 as added by 1995 PA 57, and section 44520a as added by 2006 PA 183, and by adding section 44522a; and to repeal acts and parts of acts.
The Senate has passed the bill, 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. 5441, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5305 (MCL 700.5305), as amended by 2000 PA 464.
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. 5541, entitled
A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure thereof under the supervision of the director of the department of technology, management, and budget and the state administrative board.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5553, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 461 (MCL 18.1461), as amended by 1999 PA 8.
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. 5573, entitled
A bill to amend 1947 PA 359, entitled “The charter township act,” by amending section 13a (MCL 42.13a), as added by 2006 PA 596.
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. 5595, entitled
A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending sections 2, 3, 4, 5, 6, 9a, and 9b (MCL 290.602, 290.603, 290.604, 290.605, 290.606, 290.609a, and 290.609b), section 2 as amended and sections 9a and 9b as added by 2002 PA 208.
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. 4723, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10d.
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 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” (MCL 400.1 to 400.119b) by adding section 10e.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5058, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 9 and 21a (MCL 169.209 and 169.221a), section 9 as amended by 1996 PA 590 and section 21a as added by 1994 PA 411.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5059, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 4, 6, 11, 33, and 34 (MCL 169.203, 169.204, 169.206, 169.211, 169.233, and 169.234), section 3 as amended by 1989 PA 95, sections 4, 6, and 11 as amended by 2012 PA 31, and sections 33 and 34 as amended by 1999 PA 238.
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 1976 PA 388, entitled “An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,” by amending sections 3, 4, 6, 11, 33, and 35 (MCL 169.203, 169.204, 169.206, 169.211, 169.233, and 169.235), section 3 as amended by 1989 PA 95, sections 4, 6, and 11 as amended by 2012 PA 31, section 33 as amended by 1999 PA 238, and section 35 as amended by 2000 PA 75.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5061, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 761, 813, and 829 (MCL 168.761, 168.813, and 168.829), section 761 as amended by 2005 PA 71 and sections 813 and 829 as added by 2004 PA 92, and by adding sections 38 and 764c.
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 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 761, 813, and 829 (MCL 168.761, 168.813, and 168.829), section 761 as amended by 2005 PA 71 and sections 813 and 829 as added by 2004 PA 92, and by adding section 38.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5062, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 31, 33, 514, 679a, 811, 847, 931, and 942 (MCL 168.31, 168.33, 168.514, 168.679a, 168.811, 168.847, 168.931, and 168.942), section 31 as amended by 2005 PA 71, section 33 as amended by 2002 PA 91, section 514 as amended by 1992 PA 195, section 679a as added by 2004 PA 256, sections 847 and 942 as amended by 1995 PA 261, and section 931 as amended by 1996 PA 583, and by adding section 31a.
The Senate has amended the bill as follows:
1. Amend page 10, line 1, by striking out all of section 931.
2. Amend page 15, following line 3, by inserting:
“Enacting section 1. This amendatory act takes effect August 15, 2012.”.
The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 31, 33, 514, 679a, 811, 847, and 942 (MCL 168.31, 168.33, 168.514, 168.679a, 168.811, 168.847, and 168.942), section 31 as amended by 2005 PA 71, section 33 as amended by 2002 PA 91, section 514 as amended by 1992 PA 195, section 679a as added by 2004 PA 256, and sections 847 and 942 as amended by 1995 PA 261, and by adding section 31a.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5142, entitled
A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending sections 2, 4, 6, 8, and 11 (MCL 125.2872, 125.2874, 125.2876, 125.2878, and 125.2881), sections 2 and 6 as amended by 2008 PA 44 and section 11 as amended by 2007 PA 44.
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 2005 PA 280, entitled “An act to provide for the establishment of a corridor improvement authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas in the districts; to promote the economic growth of the districts; to create a board; to prescribe the powers and duties of the board; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act,” by amending sections 2, 4, 6, and 8 (MCL 125.2872, 125.2874, 125.2876, and 125.2878), sections 2 and 6 as amended by 2008 PA 44.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5297, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2011 PA 163.
The Senate has amended the bill as follows:
1. Amend page 9, line 24, by striking out all of subsection (17) and inserting:
“Enacting section 1. This amendatory act takes effect August 15, 2012.”.
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5572, entitled
A bill to support voluntary home visitation programs; to authorize the promulgation of rules regarding home visitation programs; and to prescribe the powers and duties of certain state departments and agencies.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5596, entitled
A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending sections 10a, 10b, 28c, 28d, 29, 31, and 31a (MCL 290.610a, 290.610b, 290.628c, 290.628d, 290.629, 290.631, and 290.631a), sections 10a and 10b as amended and section 31a as added by 2002 PA 208, section 28c as amended by 2008 PA 351, section 28d as added by 2008 PA 345, section 29 as amended by 1986 PA 194, and section 31 as amended by 2006 PA 125, and by adding section 28e.
The Senate has amended the bill as follows:
1. Amend page 13, line 15, after “(a)” by striking out “REQUEST THE ATTORNEY GENERAL TO INITIATE” and inserting “Initiate”.
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5609, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 78p.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5611, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 531 (MCL 436.1531), as amended by 2005 PA 97.
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.
Messages from the Governor
Date: June 12, 2012
Time: 3:16 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5328 (Public Act No. 161, I.E.), being
An act to amend 1996 PA 305, entitled “An act to prescribe procedures for and the contents of acknowledgments of parentage; to state the effects of those acknowledgments; to provide procedures and criteria for revoking acknowledgments; and to prescribe powers and duties of certain state officers and employees,” by amending section 7 (MCL 722.1007), as amended by 2006 PA 105; and to repeal acts and parts of acts.
(Filed with the Secretary of State June 12, 2012, at 4:32 p.m.)
Date: June 12, 2012
Time: 3:18 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5329 (Public Act No. 162, I.E.), being
An act to amend 1956 PA 205, entitled “An act to confer upon circuit courts jurisdiction over proceedings to compel and provide support of children born out of wedlock; to prescribe the procedure for determination of such liability; to authorize agreements providing for furnishing of such support and to provide for the enforcement thereof; and to prescribe penalties for the violation of certain provisions of this act,” by amending section 10 (MCL 722.720), as amended by 2001 PA 109.
(Filed with the Secretary of State June 12, 2012, at 4:34 p.m.)
Explanation of “No” Votes
Rep. Bauer, having reserved the right to explain her protest against the passage of Senate Bill Nos. 751, 754 and 803, made the following statement:
“Mr. Speaker and members of the House:
I voted no on SB751, SB754 and SB803 because these bills will make it more difficult for Michigan citizens to register to vote and to vote, in general. Specifically, the purging of voters form the inactive voter file in Senate Bill 751 may result in disenfranchising eligible voters. Further, I am worried about voters who may not have received the notice or for voters in the inactive file being treated differently when they vote absentee (their ballot becomes an automatic challenged ballot). Senate Bill 754 requires unnecessary, unreasonable and burdensome requirements on organizations that are critical in assisting voters, such as voters in minority communities, in taking the first step to complete the voter registration form. Third-party voter registration organization drives ease the process for voter registration, provide voter information and assist vulnerable residents such as low-income communities and newly naturalized citizens to become engaged in our democratic system. This legislation will make it more difficult for third-party registration drives to increase voter registration and engage Michigan citizens in the elections process.
Finally, I am concerned about the citizenship requirement in SB 803. This unnecessary requirement does nothing to promote fair and safe elections. Voters are already required to declare their citizenship when they register to vote. I am concerned that a voter, who even hesitates at checking the box, could be subject to a harassment or a challenge by a poll challenger. For absent voters who neglect or fail to check the citizenship box, they will be disenfranchised because their ballots will not be counted and the bill does not provide sufficient notice, nor an adequate remedy, of the error.
Furthermore, I did not support the gaveling on of Immediate Effect to SB751, SB754, or SB803 without a roll call vote.”
Introduction of Bills
Rep. Horn introduced
House Bill No. 5733, entitled
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and sections 10, and 10a (MCL 460.10 and 460.10a), the title as amended by 2005 PA 190 and sections 10 and 10a as amended by 2008 PA 286.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Rep. Kurtz introduced
House Bill No. 5734, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 55 (MCL 400.55), as amended by 1998 PA 516.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Rep. Kurtz introduced
House Bill No. 5735, entitled
A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 9 (MCL 207.559), as amended by 2008 PA 516.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Oakes, Rutledge, Townsend, Haugh, Smiley, Brunner, Howze, Hobbs, Bledsoe, Ananich, Yonker and Poleski introduced
House Bill No. 5736, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2012 PA 124.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Oakes, Rutledge, Townsend, Haugh, Smiley, Brunner, Howze, Hobbs, McCann, Bledsoe, Ananich, Yonker and Poleski introduced
House Bill No. 5737, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 234a and 234b (MCL 750.234a and 750.234b), as amended by 2005 PA 303.
The bill was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. LaFontaine moved that the House adjourn.
The motion prevailed, the time being 5:55 p.m.
Associate Speaker Pro Tempore O’Brien declared the House adjourned until Thursday, June 14, at 10:00 a.m.
GARY L. RANDALL
Clerk of the House of Representatives
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