No. 95

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Wednesday, November 30, 2011.

1:30 p.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 Genetski—present LeBlanc—present Price—present

Ananich—present Gilbert—present Lindberg—present Pscholka—present

Barnett—present Glardon—present Lipton—present Rendon—present

Bauer—present Goike—present Liss—present Rogers—present

Bledsoe—excused Haines—present Lori—present Rutledge—present

Bolger—present Hammel—present Lund—present Santana—present

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

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

Bumstead—present Heise—present MacMaster—present Segal—present

Byrum—present Hobbs—present McBroom—present Shaughnessy—present

Callton—present Hooker—present McCann—present Shirkey—present

Cavanagh—present Horn—present McMillin—present Slavens—present

Clemente—present Hovey-Wright—present Meadows—present Smiley—present

Constan—present Howze—present Moss—present Somerville—present

Cotter—present Hughes—present Muxlow—present Stallworth—present

Crawford—present Huuki—present Nathan—present Stamas—present

Daley—present Irwin—present Nesbitt—present Stanley—present

Damrow—present Jackson—present O’Brien—present Stapleton—present

Darany—present Jacobsen—present Oakes—present Switalski—excused

Denby—present Jenkins—present Olson—present Talabi—present

Dillon—present Johnson—present Olumba—present Tlaib—present

Durhal—present Kandrevas—present Opsommer—present Townsend—present

Farrington—present Knollenberg—present Ouimet—present Tyler—present

Forlini—present Kowall—present Outman—present Walsh—present

Foster—present Kurtz—present Pettalia—present Womack—present

Franz—present LaFontaine—present Poleski—present Yonker—present

Geiss—present Lane—present Potvin—present Zorn—present

e/d/s = entered during session

Fr. Clement Suhy, Associate Pastor of Immaculate Conception Roman Catholic Church in Lapeer, offered the following invocation:

“In the name of the Father, and of the Son, and of the Holy Spirit.

Heavenly Father, in the name of Jesus Your Son, I ask You to look with love upon my brothers and sisters here present. They have been elected to the difficult and arduous task of representing, protecting, and furthering the freedom, rights, and opportunity to pursue excellence of all the citizens of the state of Michigan.

In this arduous task, may they always hear and experience the gentle power of Your voice which leads us to embrace that heavenly Wisdom which guarantees and promotes the dignity and freedom of all men and women, from the moment of conception to natural death.

May they continue to discover that with You, with Your help and guidance all things are possible.

In difficult times, fill them with Your strength and consolation that they may never grow weary in doing the right thing.

In the face of challenges, grant them the prudence to seek counsel.

When divisions arise, grant them the humility to place the good of all before personal interests.

Dear Lord, bless them with a joyful heart as they strive to promote the good of our children, our poor and needy, our schools and institutions.

Heavenly Father, through their wise governance, may You bless all of our families and communities throughout the state of Michigan.

We ask for Your special protection upon all of the sons and daughters of Michigan that are serving in our armed forces, please grant success to their missions and bring them safely home to their families.

And may Almighty God bless you all, in the name of the Father, and of the Son, and of the Holy Spirit. Amen.”

______

Rep. Segal moved that Reps. Bledsoe and Switalski be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Slavens, Barnett, Brown, Constan, Darany, Geiss, Heise, Kowall, LeBlanc, Liss, Lori, O’Brien, Poleski, Price, Tlaib and Tyler offered the following resolution:

House Resolution No. 163.

A resolution to declare November 2011 as Pancreatic Cancer Awareness Month in the state of Michigan.

Whereas, An estimated 43,030 people in 2011 will be diagnosed with pancreatic cancer in the United States and 37,660 will die from the disease; and

Whereas, Pancreatic cancer is one of the deadliest cancers and is the fourth leading cause of cancer death in the United States; and

Whereas, When symptoms of pancreatic cancer present themselves, it is usually too late for an optimistic prognosis. Seventy-four percent of pancreatic cancer patients die within the first year of their diagnosis, while 94 percent of pancreatic cancer patients die within the first five years; and

Whereas, African Americans have the highest incidence rate of pancreatic cancer among all racial and ethnic groups in the United States; and

Whereas, Approximately 1,670 deaths will occur in Michigan in 2011; and

Whereas, There is no cure for pancreatic cancer and there have been no significant improvements in survival rates in the last 40 years; and

Whereas, The federal government invests significantly less money in pancreatic cancer research than it does in any of the other leading cancer killers and pancreatic cancer research constitutes only approximately 2 percent of the National Cancer Institute’s federal research funding. This figure is far too low given the severity of the disease, its mortality rate, and how little is known about how to arrest it; and

Whereas, The Pancreatic Cancer Action Network is the first and only national patient advocacy organization that serves the pancreatic cancer community in Michigan and nationwide by focusing its efforts on public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; and

Whereas, The Pancreatic Cancer Action Network and its affiliates in Michigan support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; and

Whereas, The good health and well-being of the residents of Michigan are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare November 2011 as Pancreatic Cancer Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Brown, Barnett, Bauer, Constan, Crawford, Darany, Geiss, Heise, LeBlanc, Liss, Lori, O’Brien, Poleski, Price, Slavens, Tlaib and Tyler offered the following resolution:

House Resolution No. 164.

A resolution to declare November 2011 as Alzheimer’s Disease Awareness Month in the state of Michigan.

Whereas, November 2011 is National Alzheimer’s Disease Awareness Month; and

Whereas, Alzheimer’s is a disease of the brain that destroys brain cells. It causes problems with memory, thinking and behavior. It is the most common form of dementia; and

Whereas, Alzheimer’s is the 7th leading cause of death in the United States and totals over $172 billion in annual costs, and

Whereas, It is estimated that there are as many as 5.3 million people living with Alzheimer’s disease in the United States; and

Whereas, There are over 170,000 people in Michigan with Alzheimer’s disease or a related dementia, and this number will grow dramatically with this decade if no cure is found; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare November 2011 as Alzheimer’s Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Brown, Barnett, Bauer, Constan, Darany, Geiss, Heise, LeBlanc, Liss, Price, Slavens and Tlaib offered the following resolution:

House Resolution No. 165.

A resolution to declare December 1, 2011, as AIDS Day in the state of Michigan.

Whereas, December 1, 2011, has been designated as World AIDS Day; and

Whereas, World AIDS Day provides opportunities to focus on the existing concerns and policies affecting the global fight against HIV and AIDS. It also draws attention to the massive impact that HIV and AIDS has on our community; and

Whereas, The United Nations Program on HIV and AIDS annually observes December 1 as World AIDS Day, a day to increase and reinforce the universal effort to end the proliferation of HIV and AIDS and to bring awareness to the global intricacies we face; and

Whereas, In 2009, there were 2.6 million new HIV infections and 1.8 million HIV related deaths worldwide; and

Whereas, Globally, there were an estimated 33.3 million people living with HIV in 2007; and

Whereas, The current reported prevalence of HIV/AIDS in Michigan is 15,285; and

Whereas, This year’s World AIDS Day theme is “Get to Zero”; now, therefore, be it Resolved by the House of Representatives, That the members of this legislative body declare December 1, 2011, as AIDS Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Darany, Santana, Barnett, Bauer, Constan, Crawford, Geiss, Heise, Hooker, Kowall, LeBlanc, Liss, Lori, Lund, O’Brien, Poleski, Price, Slavens, Tlaib and Tyler offered the following resolution:

House Resolution No. 166.

A resolution to commemorate the 70th anniversary of the attack on Pearl Harbor and to declare December 7, 2011, as Pearl Harbor Remembrance Day in the state of Michigan.

Whereas, On the morning of December 7, 1941, the United States was attacked without warning at Pearl Harbor Naval Base in Hawaii by the air and naval forces of Imperial Japan. More than 2,400 sailors and airmen died during the attack and another 1,200 were wounded. Of the American fatalities, nearly half of the total were due to the explosion on the USS Arizona. The attack had a devastating impact on our nation and directly led to the United States entry into World War II and prompted President Franklin D. Roosevelt to proclaim December 7, 1941, “a date which will live in infamy”; and

Whereas, On December 7, 2011, we honor those who lost their lives 70 years ago and all veterans who have fought to preserve our freedom and democracy. Despite the surprise element of the attack, many American military personnel responded effectively during the battle. In total, eight U.S. Navy battleships were damaged and four were sunk. The attack also resulted in the sinking or damaging of three cruisers, three destroyers, an anti-aircraft training ship, and one minelayer. There were more than 400 American planes in Hawaii that morning and a total of 188 were destroyed and another 159 were damaged; and

Whereas, We also recognize the citizens of Michigan who answered their country’s call to the service on the battlefields and in our factories. Michigan was known as the arsenal of democracy as factories were quickly converted for the production of war supplies. We remember those who died at Pearl Harbor through their deeds, their devotion to duty, and their willingness to fight for freedom; and

Whereas, The attack at Pearl Harbor awakened the spirit and determination of the American people. The events of December 7, 1941, remain upon the memories of the citizens of the state of Michigan, as well as, our great nation. May this recollection serve not just as a symbol of American valor and bravery, but also as the resolve of all Americans in preserving freedom; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 70th anniversary of the attack on Pearl Harbor and declare December 7, 2011, as Pearl Harbor Remembrance Day in the state of Michigan. We urge the people of Michigan to acknowledge the importance of recognizing this day.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Agriculture, by Rep. Daley, Chair, reported

House Resolution No. 145.

A resolution to urge the U.S. Congress and the United States Department of Labor to amend proposed work regulations that would limit youth employment on farms.

(For text of resolution, see House Journal No. 84, p. 2449.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Outman, Rendon, Muxlow, Brunner, Hovey-Wright, Segal and Smiley

Nays: Reps. Santana, Oakes and Talabi

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 30, 2011

Present: Reps. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Outman, Rendon, Muxlow, Santana, Brunner, Oakes, Talabi, Hovey-Wright, Segal and Smiley

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

House Bill No. 4766, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2907, 2909, 2911, and 2913 (MCL 339.2907, 339.2909, 339.2911, and 339.2913), as added by 2006 PA 489.

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. Crawford, Yonker, Opsommer, Daley, Stamas, Shirkey, McBroom, Rendon, Haugh, Byrum, Slavens and Rutledge

Nays: Rep. Franz

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported on

House Bill No. 5147, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 12 (MCL 432.12), as amended by 2006 PA 625.

Adverse Roll Call

To Report Out:

Yeas: Reps. Crawford, Opsommer, Daley, McMillin, Stamas, Shirkey and Rendon

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Crawford, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, November 30, 2011

Present: Reps. Crawford, Yonker, Opsommer, Daley, McMillin, Stamas, Shirkey, Franz, McBroom, Rendon, Haugh, Byrum, Slavens, Womack and Rutledge

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stamas, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Wednesday, November 30, 2011

Present: Reps. Stamas, Nesbitt, McMillin, Barnett and Kandrevas

______

The Speaker called the Speaker Pro Tempore to the Chair.

The Speaker laid before the House

House Concurrent Resolution No. 36.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Trustees of Western Michigan University relative to the Western Michigan University Sangren Hall Replacement project.

(For text of concurrent resolution, see House Journal No. 82, p. 2417.)

(The concurrent resolution was reported by the Committee on Appropriations on November 9.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 497 Yeas—106

Agema Gilbert Lindberg Price

Ananich Glardon Lipton Pscholka

Barnett Goike Liss Rendon

Bauer Haines Lori Rogers

Bolger Hammel Lund Rutledge

Brown Haugh Lyons Santana

Brunner Haveman MacGregor Schmidt, R.

Bumstead Heise MacMaster Schmidt, W.

Byrum Hobbs McBroom Segal

Callton Hooker McCann Shaughnessy

Cavanagh Horn McMillin Shirkey

Clemente Hovey-Wright Meadows Slavens

Constan Howze Moss Smiley

Cotter Hughes Muxlow Somerville

Crawford Huuki Nathan Stallworth

Daley Irwin Nesbitt Stamas

Damrow Jackson O’Brien Stanley

Darany Jacobsen Oakes Stapleton

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Genetski LeBlanc

Nays—0

In The Chair: Walsh

The Speaker laid before the House

House Concurrent Resolution No. 37.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and School District of the City of Dearborn relative to the Henry Ford Community College Science Building Improvements project.

(For text of concurrent resolution, see House Journal No. 82, p. 2418.)

(The concurrent resolution was reported by the Committee on Appropriations on November 9.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 498 Yeas—106

Agema Gilbert Lindberg Price

Ananich Glardon Lipton Pscholka

Barnett Goike Liss Rendon

Bauer Haines Lori Rogers

Bolger Hammel Lund Rutledge

Brown Haugh Lyons Santana

Brunner Haveman MacGregor Schmidt, R.

Bumstead Heise MacMaster Schmidt, W.

Byrum Hobbs McBroom Segal

Callton Hooker McCann Shaughnessy

Cavanagh Horn McMillin Shirkey

Clemente Hovey-Wright Meadows Slavens

Constan Howze Moss Smiley

Cotter Hughes Muxlow Somerville

Crawford Huuki Nathan Stallworth

Daley Irwin Nesbitt Stamas

Damrow Jackson O’Brien Stanley

Darany Jacobsen Oakes Stapleton

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Genetski LeBlanc

Nays—0

In The Chair: Walsh

The Speaker laid before the House

House Concurrent Resolution No. 38.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Washtenaw Community College relative to the Washtenaw Community College Skilled Trades Training Program Renovations project.

(For text of concurrent resolution, see House Journal No. 82, p. 2419.)

(The concurrent resolution was reported by the Committee on Appropriations on November 9.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 499 Yeas—106

Agema Gilbert Lindberg Price

Ananich Glardon Lipton Pscholka

Barnett Goike Liss Rendon

Bauer Haines Lori Rogers

Bolger Hammel Lund Rutledge

Brown Haugh Lyons Santana

Brunner Haveman MacGregor Schmidt, R.

Bumstead Heise MacMaster Schmidt, W.

Byrum Hobbs McBroom Segal

Callton Hooker McCann Shaughnessy

Cavanagh Horn McMillin Shirkey

Clemente Hovey-Wright Meadows Slavens

Constan Howze Moss Smiley

Cotter Hughes Muxlow Somerville

Crawford Huuki Nathan Stallworth

Daley Irwin Nesbitt Stamas

Damrow Jackson O’Brien Stanley

Darany Jacobsen Oakes Stapleton

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Genetski LeBlanc

Nays—0

In The Chair: Walsh

The Speaker laid before the House

House Resolution No. 145.

A resolution to urge the U.S. Congress and the United States Department of Labor to amend proposed work regulations that would limit youth employment on farms.

(For text of resolution, see House Journal No. 84, p. 2449.)

(The resolution was reported by the Committee on Agriculture on November 30.)

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Agema, Callton, Daley, Damrow, Denby, Farrington, Foster, Genetski, Gilbert, Glardon, Goike, Haines, Haveman, Huuki, Jenkins, Johnson, Knollenberg, LaFontaine, Liss, Lyons, MacGregor, MacMaster, McBroom, McMillin, Moss, Muxlow, O’Brien, Olson, Opsommer, Ouimet, Outman, Pettalia, Poleski, Price, Pscholka, Rendon, Rogers, Wayne Schmidt, Shaughnessy, Shirkey, Smiley, Somerville, Stamas and Walsh were named co‑sponsors of the resolution.

Messages from the Senate

House Bill No. 4309, entitled

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

The Senate has amended the House substitute (H-2) to the Senate substitute (S-2) as follows:

1. Amend page 3, line 1, after “exercised” by striking out “in connection with” and inserting “to the extent provided in the articles of incorporation creating”.

2. Amend page 3, line 16, by striking out all of subsection (4) and inserting:

“(4)(3) An authority may bargain collectively and enter into agreements with labor organizations pursuant to Act No. 336 of the Public Acts of 1947, being sections 423.201 to 423.216 of the Michigan Compiled Laws. When the duties of a municipal emergency service are transferred to an authority, the authority immediately shall assume and be bound by any existing labor agreements applicable to that municipal service for the remainder of the term of the labor agreement. Subject to the provision of subsection (2), the members and beneficiaries of any pension or retirement system or other benefits established by a municipal emergency service which is transferred to an authority shall have the same rights, privileges, benefits, obligations, and status with respect to the comparable systems established by the authority. A representative of the employees or any group of employees in a municipal emergency service who represent or are entitled to represent the employees or a group of employees of the municipal service , pursuant to Act No. 336 of the Public Acts of 1947, shall continue to represent the employee or group of employees after the employees are transferred to an authority’s emergency service. This subsection does not limit the rights of employees, pursuant to applicable law, to assert that a bargaining representative protected by this subsection is no longer their representative. An authority is effective through its articles of incorporation at least 180 days before the actual transfer of personnel and equipment. Before the authority’s effective date, the incorporating municipalities shall affirm in writing to the authority those employees who will be transferred to the authority.

(5) If employees who are transferred to the authority are represented by a labor organization, those employees are subject to their previous terms and conditions of employment until those terms and conditions of employment are modified in accordance with 1947 PA 336, MCL 423.201 to 423.217, or for 6 months after the transfer to the authority, whichever is earlier. Negotiations on a collective bargaining agreement with an authority shall begin no later than 180 days before the date the employees transfer to the authority.

(6) Subject to subsection (7), a representative of the employees or group of employees in a municipal emergency service who previously represented or was entitled to represent the employees or group of employees in a municipal emergency service under 1947 PA 336, MCL 423.201 to 423.217, shall continue to represent the employees or group of employees after those employees or group of employees are transferred to the authority’s emergency service.

(7) This section does not limit the rights of employees, under applicable law, to assert that a bargaining representative protected by subsection (6) is no longer their representative. The employees of the authority are eligible as of the day the authority becomes effective through its articles of incorporation to choose their representative under 1947 PA 336, MCL 423.201 to 423.217. This subsection does not extend the time limits as provided in subsection (4).

(8) If multiple labor organizations assert the right to represent all or part of the authority’s workforce or where a substantial portion of the transferred employees were not previously represented, in the absence of a voluntary mutual agreement, at the request of any party or on the initiative of the Michigan employment relations commission, the Michigan employment relations commission shall conduct a representation election.

(9) In the absence of a voluntary mutual agreement, the authority’s workforce shall be merged by using a single seniority list for each of the same or similar classifications. The single seniority list shall be composed of all employees from each incorporating municipality employed or having recall rights on the date of transfer and shall be used for purposes that include, but are not limited to, initial assignments, layoffs, recalls, and job bidding. Disputes concerning the single seniority list or use of the single seniority list shall be heard by a single arbitrator appointed by the Michigan employment relations commission.

(10) Nothing in this section requires a municipality or an authority to assume a collective bargaining agreement between another municipality and its employees.” and renumbering the remaining subsection.

The Senate has concurred in the House substitute (H-2) to the Senate substitute (S-2) as amended.

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 amendments to the House substitute (H-2) to the Senate substitute (S-2) made to the bill by the Senate,

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

Roll Call No. 500 Yeas—72

Agema Genetski LaFontaine Pettalia

Ananich Gilbert Lane Poleski

Bauer Glardon Liss Potvin

Bolger Goike Lori Price

Brown Haines Lund Pscholka

Bumstead Haveman Lyons Rendon

Byrum Heise MacGregor Rogers

Callton Hooker MacMaster Schmidt, R.

Cotter Horn McBroom Schmidt, W.

Crawford Hughes McMillin Shaughnessy

Daley Huuki Moss Shirkey

Damrow Irwin Muxlow Somerville

Denby Jacobsen Nesbitt Stamas

Dillon Jenkins O’Brien Townsend

Farrington Johnson Olson Tyler

Forlini Knollenberg Opsommer Walsh

Foster Kowall Ouimet Yonker

Franz Kurtz Outman Zorn

Nays—34

Barnett Haugh McCann Slavens

Brunner Hobbs Meadows Smiley

Cavanagh Hovey-Wright Nathan Stallworth

Clemente Howze Oakes Stanley

Constan Jackson Olumba Stapleton

Darany Kandrevas Rutledge Talabi

Durhal LeBlanc Santana Tlaib

Geiss Lindberg Segal Womack

Hammel Lipton

In The Chair: Walsh

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

House Bill No. 4311, entitled

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

The Senate has amended the House substitute (H-5) to the Senate substitute (S-2) as follows:

1. Amend page 3, line 10, after “EXERCISED” by striking out “IN CONNECTION WITH” and inserting “TO THE EXTENT PROVIDED IN”.

2. Amend page 3, following line 26, by inserting:

“(5) A JOINT SYSTEM IS EFFECTIVE THROUGH ITS CONTRACT AT LEAST 180 DAYS BEFORE THE ACTUAL TRANSFER OF FUNCTIONS OR RESPONSIBILITIES. BEFORE THE JOINT SYSTEM’S EFFECTIVE DATE, THE POLITICAL SUBDIVISIONS THAT ARE PARTIES TO A CONTRACT SHALL AFFIRM IN WRITING TO THE JOINT SYSTEM THOSE EMPLOYEES WHO WILL BE TRANSFERRED TO THE JOINT SYSTEM.

(6) IF EMPLOYEES WHO ARE TRANSFERRED TO THE JOINT SYSTEM ARE REPRESENTED BY A LABOR ORGANIZATION, THOSE EMPLOYEES ARE SUBJECT TO THEIR PREVIOUS TERMS AND CONDITIONS OF EMPLOYMENT UNTIL THOSE TERMS AND CONDITIONS OF EMPLOYMENT ARE MODIFIED IN ACCORDANCE WITH 1947 PA 336, MCL 423.201 TO 423.217, OR FOR 6 MONTHS AFTER THE TRANSFER TO THE JOINT SYSTEM, WHICHEVER IS EARLIER. NEGOTIATIONS ON A COLLECTIVE BARGAINING AGREEMENT WITH A JOINT SYSTEM SHALL BEGIN NO LATER THAN 180 DAYS BEFORE THE DATE THE EMPLOYEES TRANSFER TO THE JOINT SYSTEM.

(7) SUBJECT TO SUBSECTION (8), A REPRESENTATIVE OF THE EMPLOYEES OR GROUP OF EMPLOYEES IN A POLITICAL SUBDIVISION WHO PREVIOUSLY REPRESENTED OR WAS ENTITLED TO REPRESENT THE EMPLOYEES OR GROUP OF EMPLOYEES IN A POLITICAL SUBDIVISION UNDER 1947 PA 336, MCL 423.201 TO 423.217, SHALL CONTINUE TO REPRESENT THE EMPLOYEES OR GROUP OF EMPLOYEES AFTER THOSE EMPLOYEES OR GROUP OF EMPLOYEES ARE TRANSFERRED TO THE JOINT SYSTEM.

(8) THIS SECTION DOES NOT LIMIT THE RIGHTS OF EMPLOYEES, UNDER APPLICABLE LAW, TO ASSERT THAT A BARGAINING REPRESENTATIVE PROTECTED BY SUBSECTION (7) IS NO LONGER THEIR REPRESENTATIVE. THE EMPLOYEES OF THE JOINT SYSTEM ARE ELIGIBLE AS OF THE DAY THE JOINT SYSTEM BECOMES EFFECTIVE THROUGH ITS CONTRACT TO CHOOSE THEIR REPRESENTATIVE UNDER 1947 PA 336, MCL 423.201 TO 423.217. THIS SUBSECTION DOES NOT EXTEND THE TIME LIMITS AS PROVIDED IN SUBSECTION (5).

(9) IF MULTIPLE LABOR ORGANIZATIONS ASSERT THE RIGHT TO REPRESENT ALL OR PART OF THE JOINT SYSTEM’S WORKFORCE OR WHERE A SUBSTANTIAL PORTION OF THE TRANSFERRED EMPLOYEES WERE NOT PREVIOUSLY REPRESENTED, IN THE ABSENCE OF A VOLUNTARY MUTUAL AGREEMENT, AT THE REQUEST OF ANY PARTY OR ON THE INITIATIVE OF THE MICHIGAN EMPLOYMENT RELATIONS COMMISSION, THE MICHIGAN EMPLOYMENT RELATIONS COMMISSION SHALL CONDUCT A REPRESENTATION ELECTION.

(10) IN THE ABSENCE OF A VOLUNTARY MUTUAL AGREEMENT, THE JOINT SYSTEM’S WORKFORCE SHALL BE MERGED BY USING A SINGLE SENIORITY LIST FOR EACH OF THE SAME OR SIMILAR CLASSIFICATIONS. THE SINGLE SENIORITY LIST SHALL BE COMPOSED OF ALL EMPLOYEES FROM EACH POLITICAL SUBDIVISION EMPLOYED OR HAVING RECALL RIGHTS ON THE DATE OF TRANSFER AND SHALL BE USED FOR PURPOSES THAT INCLUDE, BUT ARE NOT LIMITED TO, INITIAL ASSIGNMENTS, LAYOFFS, RECALLS, AND JOB BIDDING. DISPUTES CONCERNING THE SINGLE SENIORITY LIST OR USE OF THE SINGLE SENIORITY LIST SHALL BE HEARD BY A SINGLE ARBITRATOR APPOINTED BY THE MICHIGAN EMPLOYMENT RELATIONS COMMISSION.

(11) NOTHING IN THIS SECTION REQUIRES A POLITICAL SUBDIVISION OR A JOINT SYSTEM TO ASSUME A COLLECTIVE BARGAINING AGREEMENT BETWEEN ANOTHER POLITICAL SUBDIVISION AND ITS EMPLOYEES.”.

The Senate has concurred in the House substitute (H-5) to the Senate substitute (S-2) as amended.

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 amendments to the House substitute (H-5) to the Senate substitute (S-2) made to the bill by the Senate,

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

Roll Call No. 501 Yeas—73

Agema Gilbert Lane Poleski

Ananich Glardon Liss Potvin

Bauer Goike Lori Price

Bolger Haines Lund Pscholka

Brown Haugh Lyons Rendon

Bumstead Haveman MacGregor Rogers

Byrum Heise MacMaster Schmidt, R.

Callton Hooker McBroom Schmidt, W.

Cotter Horn McMillin Shaughnessy

Crawford Hughes Moss Shirkey

Daley Huuki Muxlow Slavens

Damrow Jacobsen Nesbitt Somerville

Denby Jenkins O’Brien Stamas

Dillon Johnson Olson Townsend

Farrington Knollenberg Opsommer Tyler

Forlini Kowall Ouimet Walsh

Foster Kurtz Outman Yonker

Franz LaFontaine Pettalia Zorn

Genetski

Nays—33

Barnett Hobbs Lipton Segal

Brunner Hovey-Wright McCann Smiley

Cavanagh Howze Meadows Stallworth

Clemente Irwin Nathan Stanley

Constan Jackson Oakes Stapleton

Darany Kandrevas Olumba Talabi

Durhal LeBlanc Rutledge Tlaib

Geiss Lindberg Santana Womack

Hammel

In The Chair: Walsh

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

House Bill No. 4312, entitled

A bill to amend 1967 (Ex Sess) PA 7, entitled “An act to provide for interlocal public agency agreements; to provide standards for those agreements and for the filing and status of those agreements; to permit the allocation of certain taxes or money received from tax increment financing plans as revenues; to permit tax sharing; to provide for the imposition of certain surcharges; to provide for additional approval for those agreements; and to prescribe penalties and provide remedies,” by amending section 5 (MCL 124.505), as amended by 1985 PA 10.

The Senate has amended the House substitute (H-3) to the Senate substitute (S-3) as follows:

1. Amend page 6, line 8, after “EXERCISED” by striking out “IN CONNECTION WITH” and inserting “TO THE EXTENT PROVIDED IN”.

2. Amend page 6, following line 22, by inserting:

“(5) A JOINT EXERCISE OF POWER IS EFFECTIVE THROUGH ITS CONTRACT AT LEAST 180 DAYS BEFORE THE ACTUAL TRANSFER OF FUNCTIONS OR SERVICES. BEFORE THE EFFECTIVE DATE OF THE JOINT EXERCISE OF POWER, THE PUBLIC AGENCIES THAT ARE PARTIES TO THE CONTRACT SHALL AFFIRM IN WRITING TO THE JOINT EXERCISE OF POWER THOSE EMPLOYEES WHO WILL BE TRANSFERRED TO THE JOINT EXERCISE OF POWER.

(6) IF EMPLOYEES WHO ARE TRANSFERRED TO THE JOINT EXERCISE OF POWER ARE REPRESENTED BY A LABOR ORGANIZATION, THOSE EMPLOYEES ARE SUBJECT TO THEIR PREVIOUS TERMS AND CONDITIONS OF EMPLOYMENT UNTIL THOSE TERMS AND CONDITIONS OF EMPLOYMENT ARE MODIFIED IN ACCORDANCE WITH 1947 PA 336, MCL 423.201 TO 423.217, OR FOR 6 MONTHS AFTER THE TRANSFER TO THE JOINT EXERCISE OF POWER, WHICHEVER IS EARLIER. NEGOTIATIONS ON A COLLECTIVE BARGAINING AGREEMENT WITH A JOINT EXERCISE OF POWER SHALL BEGIN NO LATER THAN 180 DAYS BEFORE THE DATE THE EMPLOYEES TRANSFER TO THE JOINT EXERCISE OF POWER.

(7) SUBJECT TO SUBSECTION (8), A REPRESENTATIVE OF THE EMPLOYEES OR GROUP OF EMPLOYEES IN A PUBLIC AGENCY WHO PREVIOUSLY REPRESENTED OR WAS ENTITLED TO REPRESENT THE EMPLOYEES OR GROUP OF EMPLOYEES IN A PUBLIC AGENCY UNDER 1947 PA 336, MCL 423.201 TO 423.217, SHALL CONTINUE TO REPRESENT THE EMPLOYEES OR GROUP OF EMPLOYEES AFTER THOSE EMPLOYEES OR GROUP OF EMPLOYEES ARE TRANSFERRED TO THE JOINT EXERCISE OF POWER.

(8) THIS SECTION DOES NOT LIMIT THE RIGHTS OF EMPLOYEES, UNDER APPLICABLE LAW, TO ASSERT THAT A BARGAINING REPRESENTATIVE PROTECTED BY SUBSECTION (7) IS NO LONGER THEIR REPRESENTATIVE. THE EMPLOYEES OF THE JOINT EXERCISE OF POWER ARE ELIGIBLE AS OF THE DAY THE JOINT EXERCISE OF POWER BECOMES EFFECTIVE THROUGH ITS CONTRACT TO CHOOSE THEIR REPRESENTATIVE UNDER 1947 PA 336, MCL 423.201 TO 423.217. THIS SUBSECTION DOES NOT EXTEND THE TIME LIMITS AS PROVIDED IN SUBSECTION (5).

(9) IF MULTIPLE LABOR ORGANIZATIONS ASSERT THE RIGHT TO REPRESENT ALL OR PART OF THE WORKFORCE OF THE JOINT EXERCISE OF POWER OR WHERE A SUBSTANTIAL PORTION OF THE TRANSFERRED EMPLOYEES WERE NOT PREVIOUSLY REPRESENTED, IN THE ABSENCE OF A VOLUNTARY MUTUAL AGREEMENT, AT THE REQUEST OF ANY PARTY OR ON THE INITIATIVE OF THE MICHIGAN EMPLOYMENT RELATIONS COMMISSION, THE MICHIGAN EMPLOYMENT RELATIONS COMMISSION SHALL CONDUCT A REPRESENTATION ELECTION.

(10) IN THE ABSENCE OF A VOLUNTARY MUTUAL AGREEMENT, THE WORKFORCE OF THE JOINT EXERCISE OF POWER SHALL BE MERGED BY USING A SINGLE SENIORITY LIST FOR EACH OF THE SAME OR SIMILAR CLASSIFICATIONS. THE SINGLE SENIORITY LIST SHALL BE COMPOSED OF ALL EMPLOYEES FROM EACH PUBLIC AGENCY EMPLOYED OR HAVING RECALL RIGHTS ON THE DATE OF TRANSFER AND SHALL BE USED FOR PURPOSES THAT INCLUDE, BUT ARE NOT LIMITED TO, INITIAL ASSIGNMENTS, LAYOFFS, RECALLS, AND JOB BIDDING. DISPUTES CONCERNING THE SINGLE SENIORITY LIST OR USE OF THE SINGLE SENIORITY LIST SHALL BE HEARD BY A SINGLE ARBITRATOR APPOINTED BY THE MICHIGAN EMPLOYMENT RELATIONS COMMISSION.

(11) NOTHING IN THIS SECTION REQUIRES A PUBLIC AGENCY OR A JOINT EXERCISE OF POWER TO ASSUME A COLLECTIVE BARGAINING AGREEMENT BETWEEN ANOTHER PUBLIC AGENCY AND ITS EMPLOYEES.”.

The Senate has concurred in the House substitute (H-3) to the Senate substitute (S-3) as amended.

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 amendments to the House substitute (H-3) to the Senate substitute (S-3) made to the bill by the Senate,

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

Roll Call No. 502 Yeas—77

Agema Gilbert LaFontaine Poleski

Ananich Glardon Lane Potvin

Bauer Goike Liss Price

Bolger Haines Lori Pscholka

Brown Haugh Lund Rendon

Bumstead Haveman Lyons Rogers

Byrum Heise MacGregor Rutledge

Callton Hobbs MacMaster Schmidt, R.

Constan Hooker McBroom Schmidt, W.

Cotter Horn McMillin Shaughnessy

Crawford Hughes Moss Shirkey

Daley Huuki Muxlow Slavens

Damrow Irwin Nesbitt Somerville

Denby Jacobsen O’Brien Stamas

Dillon Jenkins Olson Townsend

Farrington Johnson Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Yonker

Franz Kurtz Pettalia Zorn

Genetski

Nays—29

Barnett Hovey-Wright McCann Smiley

Brunner Howze Meadows Stallworth

Cavanagh Jackson Nathan Stanley

Clemente Kandrevas Oakes Stapleton

Darany LeBlanc Olumba Talabi

Durhal Lindberg Santana Tlaib

Geiss Lipton Segal Womack

Hammel

In The Chair: Walsh

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

Third Reading of Bills

House Bill No. 4907, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 312 and 646a (MCL 168.312 and 168.646a), as amended by 2006 PA 647.

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

Roll Call No. 503 Yeas—105

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Haines Liss Rogers

Bolger Hammel Lori Rutledge

Brown Haugh Lund Santana

Brunner Haveman Lyons Schmidt, R.

Bumstead Heise MacGregor Schmidt, W.

Byrum Hobbs MacMaster Segal

Callton Hooker McBroom Shaughnessy

Cavanagh Horn McCann Shirkey

Clemente Hovey-Wright McMillin Slavens

Constan Howze Meadows Smiley

Cotter Hughes Moss Somerville

Crawford Huuki Muxlow Stallworth

Daley Irwin Nathan Stamas

Damrow Jackson Nesbitt Stanley

Darany Jacobsen O’Brien Stapleton

Denby Jenkins Oakes Talabi

Dillon Johnson Olson Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Genetski

Nays—1

Olumba

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.

House Bill No. 4909, entitled

A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 8 (MCL 41.8), as amended by 1990 PA 101.

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

Roll Call No. 504 Yeas—105

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Haines Liss Rogers

Bolger Hammel Lori Rutledge

Brown Haugh Lund Santana

Brunner Haveman Lyons Schmidt, R.

Bumstead Heise MacGregor Schmidt, W.

Byrum Hobbs MacMaster Segal

Callton Hooker McBroom Shaughnessy

Cavanagh Horn McCann Shirkey

Clemente Hovey-Wright McMillin Slavens

Constan Howze Meadows Smiley

Cotter Hughes Moss Somerville

Crawford Huuki Muxlow Stallworth

Daley Irwin Nathan Stamas

Damrow Jackson Nesbitt Stanley

Darany Jacobsen O’Brien Stapleton

Denby Jenkins Oakes Talabi

Dillon Johnson Olson Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Genetski

Nays—1

Olumba

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.

House Bill No. 4910, entitled

A bill to amend 1994 PA 425, entitled “An act to provide for the creation of community swimming pool authorities; to provide powers and duties of the authorities; to provide for the levy of a tax by the authorities; and to provide for the collection and distribution of the tax,” by amending section 13 (MCL 123.1073).

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

Roll Call No. 505 Yeas—105

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Haines Liss Rogers

Bolger Hammel Lori Rutledge

Brown Haugh Lund Santana

Brunner Haveman Lyons Schmidt, R.

Bumstead Heise MacGregor Schmidt, W.

Byrum Hobbs MacMaster Segal

Callton Hooker McBroom Shaughnessy

Cavanagh Horn McCann Shirkey

Clemente Hovey-Wright McMillin Slavens

Constan Howze Meadows Smiley

Cotter Hughes Moss Somerville

Crawford Huuki Muxlow Stallworth

Daley Irwin Nathan Stamas

Damrow Jackson Nesbitt Stanley

Darany Jacobsen O’Brien Stapleton

Denby Jenkins Oakes Talabi

Dillon Johnson Olson Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Genetski

Nays—1

Olumba

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.

House Bill No. 4911, entitled

A bill to amend 1948 (1st Ex Sess) PA 31, entitled “An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, transit-oriented developments, transit-oriented facilities, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district’s boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district’s boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district’s boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies,” by amending section 8b (MCL 123.958b), as amended by 1995 PA 147.

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

Roll Call No. 506 Yeas—105

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Haines Liss Rogers

Bolger Hammel Lori Rutledge

Brown Haugh Lund Santana

Brunner Haveman Lyons Schmidt, R.

Bumstead Heise MacGregor Schmidt, W.

Byrum Hobbs MacMaster Segal

Callton Hooker McBroom Shaughnessy

Cavanagh Horn McCann Shirkey

Clemente Hovey-Wright McMillin Slavens

Constan Howze Meadows Smiley

Cotter Hughes Moss Somerville

Crawford Huuki Muxlow Stallworth

Daley Irwin Nathan Stamas

Damrow Jackson Nesbitt Stanley

Darany Jacobsen O’Brien Stapleton

Denby Jenkins Oakes Talabi

Dillon Johnson Olson Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Genetski

Nays—1

Olumba

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.

House Bill No. 4912, entitled

A bill to amend 1989 PA 292, entitled “Metropolitan councils act,” by amending section 27 (MCL 124.677), as amended by 2003 PA 301.

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

Roll Call No. 507 Yeas—105

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Haines Liss Rogers

Bolger Hammel Lori Rutledge

Brown Haugh Lund Santana

Brunner Haveman Lyons Schmidt, R.

Bumstead Heise MacGregor Schmidt, W.

Byrum Hobbs MacMaster Segal

Callton Hooker McBroom Shaughnessy

Cavanagh Horn McCann Shirkey

Clemente Hovey-Wright McMillin Slavens

Constan Howze Meadows Smiley

Cotter Hughes Moss Somerville

Crawford Huuki Muxlow Stallworth

Daley Irwin Nathan Stamas

Damrow Jackson Nesbitt Stanley

Darany Jacobsen O’Brien Stapleton

Denby Jenkins Oakes Talabi

Dillon Johnson Olson Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Genetski

Nays—1

Olumba

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.

House Bill No. 5125, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2009 PA 39.

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

Roll Call No. 508 Yeas—66

Agema Goike LeBlanc Price

Bauer Haines Lund Pscholka

Bolger Hammel Lyons Rogers

Callton Haugh MacGregor Santana

Cavanagh Haveman MacMaster Schmidt, W.

Constan Heise McCann Shaughnessy

Cotter Hobbs McMillin Shirkey

Crawford Hooker Meadows Slavens

Daley Horn Moss Somerville

Damrow Hughes Muxlow Stamas

Darany Irwin Nesbitt Townsend

Denby Jacobsen O’Brien Tyler

Farrington Kandrevas Olson Walsh

Forlini Knollenberg Opsommer Womack

Foster Kowall Ouimet Yonker

Franz LaFontaine Poleski Zorn

Gilbert Lane

Nays—40

Ananich Genetski Lipton Rendon

Barnett Glardon Liss Rutledge

Brown Hovey-Wright Lori Schmidt, R.

Brunner Howze McBroom Segal

Bumstead Huuki Nathan Smiley

Byrum Jackson Oakes Stallworth

Clemente Jenkins Olumba Stanley

Dillon Johnson Outman Stapleton

Durhal Kurtz Pettalia Talabi

Geiss Lindberg Potvin Tlaib

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.

House Bill No. 5126, entitled

A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2003 PA 94.

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

Roll Call No. 509 Yeas—64

Agema Goike Lane Price

Bauer Haines LeBlanc Pscholka

Bolger Hammel Lund Rogers

Callton Haugh Lyons Santana

Cavanagh Haveman MacGregor Schmidt, W.

Constan Heise McCann Shaughnessy

Cotter Hobbs McMillin Shirkey

Crawford Hooker Meadows Slavens

Daley Horn Moss Somerville

Damrow Hughes Muxlow Stamas

Darany Irwin Nesbitt Townsend

Denby Jacobsen O’Brien Tyler

Farrington Kandrevas Olson Walsh

Forlini Knollenberg Opsommer Womack

Franz Kowall Ouimet Yonker

Gilbert LaFontaine Poleski Zorn

Nays—42

Ananich Genetski Liss Rendon

Barnett Glardon Lori Rutledge

Brown Hovey-Wright MacMaster Schmidt, R.

Brunner Howze McBroom Segal

Bumstead Huuki Nathan Smiley

Byrum Jackson Oakes Stallworth

Clemente Jenkins Olumba Stanley

Dillon Johnson Outman Stapleton

Durhal Kurtz Pettalia Talabi

Foster Lindberg Potvin Tlaib

Geiss Lipton

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.

House Bill No. 4029, entitled

A bill to amend 1966 PA 261, entitled “An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 3 (MCL 46.403).

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

Roll Call No. 510 Yeas—73

Agema Gilbert Liss Potvin

Bauer Glardon Lori Price

Bolger Goike Lund Pscholka

Brown Haines Lyons Rendon

Byrum Haugh MacGregor Rogers

Callton Haveman MacMaster Schmidt, W.

Cavanagh Heise McBroom Segal

Constan Hooker McCann Shaughnessy

Cotter Horn McMillin Shirkey

Crawford Hughes Meadows Slavens

Daley Huuki Moss Somerville

Damrow Irwin Muxlow Stamas

Denby Jacobsen Nesbitt Stapleton

Farrington Kandrevas O’Brien Townsend

Forlini Knollenberg Olson Tyler

Foster Kowall Opsommer Walsh

Franz LaFontaine Ouimet Yonker

Geiss Lane Poleski Zorn

Genetski

Nays—33

Ananich Hobbs Lindberg Santana

Barnett Hovey-Wright Lipton Schmidt, R.

Brunner Howze Nathan Smiley

Bumstead Jackson Oakes Stallworth

Clemente Jenkins Olumba Stanley

Darany Johnson Outman Talabi

Dillon Kurtz Pettalia Tlaib

Durhal LeBlanc Rutledge Womack

Hammel

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.

House Bill No. 4030, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 252, 254, 267, and 269 (MCL 168.252, 168.254, 168.267, and 168.269), section 254 as amended by 1999 PA 218 and section 269 as amended by 1990 PA 7.

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

Roll Call No. 511 Yeas—74

Agema Gilbert Lori Potvin

Bauer Glardon Lund Price

Bolger Goike Lyons Pscholka

Bumstead Haines MacGregor Rendon

Byrum Haugh MacMaster Rogers

Callton Haveman McBroom Schmidt, W.

Cavanagh Heise McCann Segal

Constan Hobbs McMillin Shaughnessy

Cotter Hooker Meadows Shirkey

Crawford Horn Moss Slavens

Daley Hughes Muxlow Somerville

Damrow Huuki Nesbitt Stamas

Denby Irwin O’Brien Stapleton

Farrington Jacobsen Oakes Townsend

Forlini Kandrevas Olson Tyler

Foster Knollenberg Opsommer Walsh

Franz Kowall Ouimet Yonker

Geiss LaFontaine Poleski Zorn

Genetski Lane

Nays—32

Ananich Hammel Lindberg Santana

Barnett Hovey-Wright Lipton Schmidt, R.

Brown Howze Liss Smiley

Brunner Jackson Nathan Stallworth

Clemente Jenkins Olumba Stanley

Darany Johnson Outman Talabi

Dillon Kurtz Pettalia Tlaib

Durhal LeBlanc Rutledge Womack

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.

House Bill No. 4031, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending sections 6 and 8 of chapter IV (MCL 224.6 and 224.8), section 6 as amended by 2009 PA 39 and section 8 as amended by 1994 PA 320.

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

Roll Call No. 512 Yeas—75

Agema Genetski Lane Potvin

Bauer Gilbert Lori Price

Bolger Glardon Lund Pscholka

Bumstead Goike Lyons Rendon

Byrum Haines MacGregor Rogers

Callton Haugh MacMaster Schmidt, W.

Cavanagh Haveman McBroom Segal

Constan Heise McCann Shaughnessy

Cotter Hobbs McMillin Shirkey

Crawford Hooker Meadows Slavens

Daley Horn Moss Somerville

Damrow Hughes Muxlow Stamas

Denby Huuki Nesbitt Stapleton

Durhal Irwin O’Brien Townsend

Farrington Jacobsen Olson Tyler

Forlini Kandrevas Opsommer Walsh

Foster Knollenberg Ouimet Yonker

Franz Kowall Pettalia Zorn

Geiss LaFontaine Poleski

Nays—31

Ananich Hovey-Wright Lipton Schmidt, R.

Barnett Howze Liss Smiley

Brown Jackson Nathan Stallworth

Brunner Jenkins Oakes Stanley

Clemente Johnson Olumba Talabi

Darany Kurtz Outman Tlaib

Dillon LeBlanc Rutledge Womack

Hammel Lindberg 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.

Senate Bill No. 556, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 5, 88b, and 88h (MCL 125.2005, 125.2088b, and 125.2088h), section 5 as amended by 2008 PA 224, section 88b as amended by 2011 PA 3, and section 88h as added by 2005 PA 225, and by adding section 88r.

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

Roll Call No. 513 Yeas—95

Ananich Glardon Lipton Rendon

Barnett Haines Liss Rogers

Bauer Hammel Lori Rutledge

Bolger Haugh Lund Santana

Brown Haveman Lyons Schmidt, R.

Brunner Heise MacGregor Schmidt, W.

Byrum Hobbs McBroom Segal

Callton Horn McCann Shaughnessy

Cavanagh Hovey-Wright Meadows Shirkey

Clemente Howze Moss Slavens

Constan Hughes Muxlow Smiley

Cotter Huuki Nathan Stallworth

Crawford Irwin O’Brien Stamas

Daley Jackson Oakes Stanley

Damrow Jacobsen Olson Stapleton

Darany Jenkins Olumba Talabi

Denby Kandrevas Opsommer Tlaib

Dillon Knollenberg Ouimet Townsend

Durhal Kowall Outman Tyler

Farrington Kurtz Pettalia Walsh

Forlini LaFontaine Poleski Womack

Foster Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Gilbert Lindberg Pscholka

Nays—11

Agema Genetski Johnson Nesbitt

Bumstead Goike MacMaster Somerville

Franz Hooker McMillin

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 1984 PA 270, entitled “An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts,” by amending section 88b (MCL 125.2088b), as amended by 2011 PA 3, and by adding section 88r.

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. 566, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 5, 88c, and 88h (MCL 125.2005, 125.2088c, and 125.2088h), section 5 as amended by 2008 PA 224 and sections 88c and 88h as added by 2005 PA 225.

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

Roll Call No. 514 Yeas—96

Ananich Glardon Lipton Pscholka

Barnett Haines Liss Rendon

Bauer Hammel Lori Rogers

Bolger Haugh Lund Rutledge

Brown Haveman Lyons Santana

Brunner Heise MacGregor Schmidt, R.

Byrum Hobbs McBroom Schmidt, W.

Callton Horn McCann Segal

Cavanagh Hovey-Wright Meadows Shaughnessy

Clemente Howze Moss Shirkey

Constan Hughes Muxlow Slavens

Cotter Huuki Nathan Smiley

Crawford Irwin Nesbitt Stallworth

Daley Jackson O’Brien Stamas

Damrow Jacobsen Oakes Stanley

Darany Jenkins Olson Stapleton

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Womack

Geiss LeBlanc Potvin Yonker

Gilbert Lindberg Price Zorn

Nays—10

Agema Genetski Johnson McMillin

Bumstead Goike MacMaster Somerville

Franz Hooker

In The Chair: Walsh

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; 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. 567, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 8C.

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

Roll Call No. 515 Yeas—95

Ananich Glardon Lipton Rendon

Barnett Haines Liss Rogers

Bauer Hammel Lori Rutledge

Bolger Haugh Lund Santana

Brown Haveman Lyons Schmidt, R.

Brunner Heise MacGregor Schmidt, W.

Byrum Hobbs McBroom Segal

Callton Horn McCann Shaughnessy

Cavanagh Hovey-Wright Meadows Shirkey

Clemente Howze Moss Slavens

Constan Hughes Muxlow Smiley

Cotter Huuki Nathan Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Talabi

Denby Kandrevas Olumba Tlaib

Dillon Knollenberg Ouimet Townsend

Durhal Kowall Outman Tyler

Farrington Kurtz Pettalia Walsh

Forlini LaFontaine Poleski Womack

Foster Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Gilbert Lindberg Pscholka

Nays—11

Agema Genetski Johnson Opsommer

Bumstead Goike MacMaster Somerville

Franz Hooker McMillin

In The Chair: Walsh

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; 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. 568, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding sections 90c and 90d.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Barnett moved to amend the bill as follows:

1. Amend page 5, line 2, after “CHAIRPERSON” by inserting “AND MINORITY VICE-CHAIRPERSON”.

2. Amend page 5, line 3, after “CHAIRPERSON” by inserting “AND MINORITY VICE-CHAIRPERSON”.

3. Amend page 5, line 5, after “CHAIRPERSON” by inserting “AND MINORITY VICE-CHAIRPERSON”.

4. Amend page 5, line 7, after “CHAIRPERSON” by inserting “AND MINORITY VICE-CHAIRPERSON”.

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. 516 Yeas—96

Ananich Glardon Lipton Pscholka

Barnett Haines Liss Rendon

Bauer Hammel Lori Rogers

Bolger Haugh Lund Rutledge

Brown Haveman Lyons Santana

Brunner Heise MacGregor Schmidt, R.

Byrum Hobbs McBroom Schmidt, W.

Callton Horn McCann Segal

Cavanagh Hovey-Wright Meadows Shaughnessy

Clemente Howze Moss Shirkey

Constan Hughes Muxlow Slavens

Cotter Huuki Nathan Smiley

Crawford Irwin Nesbitt Stallworth

Daley Jackson O’Brien Stamas

Damrow Jacobsen Oakes Stanley

Darany Jenkins Olson Stapleton

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler