No. 66
State of Michigan
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2011
House Chamber, Lansing, Wednesday, September 7, 2011.
10:00 a.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Gilbert—present Lipton—present Pscholka—present
Ananich—present Glardon—present Liss—present Rendon—present
Barnett—present Goike—present Lori—present Rogers—present
Bauer—present Haines—present Lund—present Rutledge—present
Bledsoe—present Hammel—present Lyons—present Santana—present
Bolger—present Haugh—present MacGregor—present Schmidt, R.—present
Brown—present Haveman—present MacMaster—present Schmidt, W.—present
Brunner—present Heise—present McBroom—present Scott—present
Bumstead—present Hobbs—present McCann—present Segal—present
Byrum—present Hooker—present McMillin—present Shaughnessy—present
Callton—present Horn—present Meadows—excused Shirkey—present
Cavanagh—present Hovey-Wright—present Melton—present Slavens—present
Clemente—present Howze—present Moss—present Smiley—present
Constan—present Hughes—present Muxlow—present Somerville—present
Cotter—present Huuki—present Nathan—present Stallworth—present
Crawford—present Irwin—present Nesbitt—present Stamas—present
Daley—present Jackson—present O’Brien—present Stanley—present
Damrow—present Jacobsen—present Oakes—present Stapleton—present
Darany—present Jenkins—present Olson—present Switalski—present
Denby—present Johnson—present Olumba—present Talabi—present
Dillon—present Kandrevas—present Opsommer—present Tlaib—present
Durhal—present Knollenberg—present Ouimet—present Townsend—present
Farrington—present Kowall—present Outman—present Tyler—present
Forlini—present Kurtz—present Pettalia—present Walsh—present
Foster—present LaFontaine—present Poleski—present Womack—excused
Franz—present Lane—present Potvin—present Yonker—present
Geiss—present LeBlanc—present Price—present Zorn—present
Genetski—present Lindberg—present
e/d/s = entered during session
Rep. Kenneth L. Kurtz, from the 58th District, offered the following invocation:
“Eternal God and Heavenly Father, we’re grateful for life. For its deeper meanings, for our relationships; our homes, our families, we’re grateful. We realize, as the writer said so long ago, a journey of a thousand miles begins with one step. God guide our steps, as we take them, throughout the balance of this year, and even this day. Grant to each one of us the sense of Thy peace. In the name of Christ, I pray, Amen.”
______
Rep. Segal moved that Reps. Meadows and Womack be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Opsommer, Rendon, Johnson, Damrow, Bumstead, Potvin, Hooker, Pscholka, Kurtz, Zorn, Foster, Daley, Huuki, Crawford, Cotter, Somerville, Pettalia, Outman, Agema, Glardon, McBroom, McMillin and Goike offered the following resolution:
House Resolution No. 119.
A resolution to memorialize the Wisconsin Department of Justice to recognize Michigan concealed pistol license holders as being legal to carry concealed weapons in the state of Wisconsin.
Whereas, The Wisconsin Legislature recently enacted 2011 Act 35 authorizing appropriately licensed Wisconsin residents to carry concealed weapons. Prior to July 2011, Wisconsin was one of just two states that did not issue concealed weapon licenses. Wisconsin has now joined with 48 states, Illinois excepted, that issue concealed weapon licenses to qualified residents; and
Whereas, A nonresident of Michigan with a valid concealed pistol license (CPL) from his or her home state may carry in Michigan. The CPL holder must obey all restrictions appearing on their permit as well as adhering to Michigan’s CPL law. When the Wisconsin concealed carry law becomes effective in November 2011, Wisconsin residents with a legal concealed permit will be allowed to carry in Michigan; and
Whereas, The Wisconsin Department of Justice has been charged with determining which CPLs issued by other states will be honored in Wisconsin. Residents of those states that require CPL applicants to undergo a background check similar to that required in Wisconsin will be allowed to carry concealed in the state of Wisconsin. Michigan law requires that county sheriffs verify a number of factors concerning a CPL applicant prior to the issuance of a CPL including whether the applicant is allowed to possess, sell, or purchase a firearm and whether the applicant has been convicted of a felony in Michigan or any other state. Such verification provides safety measures to ensure those not qualified to carry concealed do not receive a license; now, therefore, be it
Resolved by the House of Representatives, That we respectfully memorialize the Wisconsin Department of Justice to recognize Michigan concealed pistol license holders as legal to carry concealed weapons in the state of Wisconsin; and be it further
Resolved, That copies of this resolution be transmitted to Wisconsin Attorney General J.B. Van Hollen, Wisconsin Department of Justice.
The resolution was referred to the Committee on Judiciary.
Reps. Rendon, MacMaster, Lori, Bumstead, Rogers, Denby, Glardon, Gilbert, McMillin, Hooker, Foster, Horn, Potvin, Johnson, Outman, Shaughnessy, Huuki, Daley, Kurtz, McBroom, Jacobsen, Zorn, Jenkins, Knollenberg, Lyons, Farrington, Agema, Crawford, Somerville, Cotter, Olson, Kowall, Haveman, Goike, Damrow, Hughes, Opsommer, Poleski, Nesbitt, Pettalia, Pscholka and Shirkey offered the following concurrent resolution:
House Concurrent Resolution No. 33.
A concurrent resolution to memorialize the Wisconsin Department of Justice to recognize Michigan concealed pistol license holders as being legal to carry concealed weapons in the state of Wisconsin.
Whereas, The Wisconsin Legislature recently enacted 2011 Act 35 authorizing appropriately licensed Wisconsin residents to carry concealed weapons. Prior to July 2011, Wisconsin was one of just two states that did not issue concealed weapon licenses. Wisconsin has now joined with 48 states, Illinois excepted, that issue concealed weapon licenses to qualified residents; and
Whereas, A nonresident of Michigan with a valid concealed pistol license (CPL) from his or her home state may carry in Michigan. The CPL holder must obey all restrictions appearing on their permit as well as adhering to Michigan’s CPL law. When the Wisconsin concealed carry law becomes effective in November 2011, Wisconsin residents with a legal concealed permit will be allowed to carry in Michigan; and
Whereas, The Wisconsin Department of Justice has been charged with determining which CPLs issued by other states will be honored in Wisconsin. Residents of those states that require CPL applicants to undergo a background check similar to that required in Wisconsin will be allowed to carry concealed in the state of Wisconsin. Michigan law requires that county sheriffs verify a number of factors concerning a CPL applicant prior to the issuance of a CPL including whether the applicant is allowed to possess, sell, or purchase a firearm and whether the applicant has been convicted of a felony in Michigan or any other state. Such verification provides safety measures to ensure those not qualified to carry concealed do not receive a license; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we respectfully memorialize the Wisconsin Department of Justice to recognize Michigan concealed pistol license holders as legal to carry concealed weapons in the state of Wisconsin; and be it further
Resolved, That copies of this resolution be transmitted to Wisconsin Attorney General J.B. Van Hollen, Wisconsin Department of Justice.
The concurrent resolution was referred to the Committee on Judiciary.
Rep. Stamas moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 347.
The motion prevailed.
______
The Speaker called the Speaker Pro Tempore to the Chair.
______
Rep. Segal moved that Rep. Jackson be excused temporarily from today’s session.
The motion prevailed.
Third Reading of Bills
House Bill No. 4726, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 27 (MCL 421.27), as amended by 2011 PA 14.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 319 Yeas—107
Agema Genetski Lindberg Pscholka
Ananich Gilbert Lipton Rendon
Barnett Glardon Liss Rogers
Bauer Goike Lori Rutledge
Bledsoe Haines Lund Santana
Bolger Hammel Lyons Schmidt, R.
Brown Haugh MacGregor Schmidt, W.
Brunner Haveman MacMaster Scott
Bumstead Heise McBroom Segal
Byrum Hobbs McCann Shaughnessy
Callton Hooker McMillin Shirkey
Cavanagh Horn Melton Slavens
Clemente Hovey-Wright Moss Smiley
Constan Howze Muxlow Somerville
Cotter Hughes Nathan Stallworth
Crawford Huuki Nesbitt Stamas
Daley Irwin O’Brien Stanley
Damrow Jacobsen Oakes Stapleton
Darany Jenkins Olson Switalski
Denby Johnson Olumba Talabi
Dillon Kandrevas Opsommer Tlaib
Durhal Knollenberg Ouimet Townsend
Farrington Kowall Outman Tyler
Forlini Kurtz Pettalia Walsh
Foster LaFontaine Poleski Yonker
Franz Lane Potvin Zorn
Geiss LeBlanc Price
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.
Reps. Agema, Barnett, Bauer, Bledsoe, Brown, Brunner, Byrum, Callton, Constan, Cotter, Crawford, Damrow, Darany, Dillon, Durhal, Forlini, Foster, Franz, Geiss, Gilbert, Glardon, Goike, Haines, Haugh, Hooker, Horn, Howze, Huuki, Jacobsen, Johnson, Knollenberg, Kowall, Kurtz, LaFontaine, Lane, LeBlanc, Lipton, Liss, Lori, Lund, MacGregor, McCann, Melton, Muxlow, Nathan, Oakes, Olson, Opsommer, Ouimet, Outman, Poleski, Potvin, Price, Rendon, Rogers, Rutledge, Wayne Schmidt, Segal, Slavens, Somerville, Stallworth, Stamas, Stapleton, Talabi, Walsh and Zorn were named co‑sponsors of the bill.
House Bill No. 4732, entitled
A bill to amend 1978 PA 90, entitled “Youth employment standards act,” by amending section 11 (MCL 409.111), as amended by 2000 PA 418.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 320 Yeas—108
Agema Genetski LeBlanc Price
Ananich Gilbert Lindberg Pscholka
Barnett Glardon Lipton Rendon
Bauer Goike Liss Rogers
Bledsoe Haines Lori Rutledge
Bolger Hammel Lund Santana
Brown Haugh Lyons Schmidt, R.
Brunner Haveman MacGregor Schmidt, W.
Bumstead Heise MacMaster Scott
Byrum Hobbs McBroom Segal
Callton Hooker McCann Shaughnessy
Cavanagh Horn McMillin Shirkey
Clemente Hovey-Wright Melton 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 Switalski
Dillon Johnson Olumba Talabi
Durhal Kandrevas Opsommer Tlaib
Farrington Knollenberg Ouimet Townsend
Forlini Kowall Outman Tyler
Foster Kurtz Pettalia Walsh
Franz LaFontaine Poleski Yonker
Geiss Lane Potvin Zorn
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.
Second Reading of Bills
Senate Bill No. 213, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 17708, 17751, and 17763 (MCL 333.7405, 333.17708, 333.17751, and 333.17763), sections 7405, 17708, and 17763 as amended by 2009 PA 150 and section 17751 as amended by 2006 PA 672.
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. 4721, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 10a and 10b (MCL 400.10a and 400.10b), as added by 1996 PA 190, and by adding section 10c.
The bill was read a second time.
Rep. Bumstead moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stamas moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4721, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 10a and 10b (MCL 400.10a and 400.10b), as added by 1996 PA 190, and by adding section 10c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 321 Yeas—97
Agema Genetski LeBlanc Potvin
Barnett Gilbert Lindberg Price
Bauer Glardon Liss Pscholka
Bledsoe Goike Lori Rendon
Bolger Haines Lund Rogers
Brown Hammel Lyons Rutledge
Brunner Haugh MacGregor Santana
Bumstead Haveman MacMaster Schmidt, R.
Byrum Heise McBroom Schmidt, W.
Callton Hooker McCann Scott
Cavanagh Horn McMillin Segal
Clemente Hovey-Wright Melton Shaughnessy
Constan Hughes Moss Shirkey
Cotter Huuki Muxlow Slavens
Crawford Jackson Nathan Smiley
Daley Jacobsen Nesbitt Somerville
Damrow Jenkins O’Brien Stallworth
Darany Johnson Oakes Stamas
Denby Kandrevas Olson Switalski
Dillon Knollenberg Opsommer Townsend
Farrington Kowall Ouimet Tyler
Forlini Kurtz Outman Walsh
Foster LaFontaine Pettalia Yonker
Franz Lane Poleski Zorn
Geiss
Nays—11
Ananich Howze Olumba Talabi
Durhal Irwin Stanley Tlaib
Hobbs Lipton Stapleton
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.
Second Reading of Bills
House Bill No. 4722, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57v.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Families, Children, and Seniors,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Hooker moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stamas moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4722, 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. 322 Yeas—108
Agema Genetski LeBlanc Price
Ananich Gilbert Lindberg Pscholka
Barnett Glardon Lipton Rendon
Bauer Goike Liss Rogers
Bledsoe Haines Lori Rutledge
Bolger Hammel Lund Santana
Brown Haugh Lyons Schmidt, R.
Brunner Haveman MacGregor Schmidt, W.
Bumstead Heise MacMaster Scott
Byrum Hobbs McBroom Segal
Callton Hooker McCann Shaughnessy
Cavanagh Horn McMillin Shirkey
Clemente Hovey-Wright Melton 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 Switalski
Dillon Johnson Olumba Talabi
Durhal Kandrevas Opsommer Tlaib
Farrington Knollenberg Ouimet Townsend
Forlini Kowall Outman Tyler
Foster Kurtz Pettalia Walsh
Franz LaFontaine Poleski Yonker
Geiss Lane Potvin Zorn
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.
Second Reading of Bills
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 10c.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families, Children, and Seniors,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Genetski moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stamas moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4723, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 323 Yeas—108
Agema Genetski LeBlanc Price
Ananich Gilbert Lindberg Pscholka
Barnett Glardon Lipton Rendon
Bauer Goike Liss Rogers
Bledsoe Haines Lori Rutledge
Bolger Hammel Lund Santana
Brown Haugh Lyons Schmidt, R.
Brunner Haveman MacGregor Schmidt, W.
Bumstead Heise MacMaster Scott
Byrum Hobbs McBroom Segal
Callton Hooker McCann Shaughnessy
Cavanagh Horn McMillin Shirkey
Clemente Hovey-Wright Melton 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 Switalski
Dillon Johnson Olumba Talabi
Durhal Kandrevas Opsommer Tlaib
Farrington Knollenberg Ouimet Townsend
Forlini Kowall Outman Tyler
Foster Kurtz Pettalia Walsh
Franz LaFontaine Poleski Yonker
Geiss Lane Potvin Zorn
Nays—0
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 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10d.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
The Senate returned, in accordance with the request of the House
Senate Bill No. 347, entitled
A bill to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 3f (MCL 205.93f), as added by 2008 PA 440.
(The bill was passed on August 24, see House Journal No. 65, p. 2104.)
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. 347, entitled
A bill to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 3f (MCL 205.93f), as added by 2008 PA 440.
The question being on the passage of the bill,
Rep. Moss moved to substitute (H-1) the bill.
The motion was seconded and the substitute (H-1) 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. 324 Yeas—66
Agema Haines Liss Poleski
Bolger Haveman Lori Potvin
Bumstead Heise Lund Price
Callton Hooker Lyons Pscholka
Cotter Horn MacGregor Rendon
Crawford Hughes MacMaster Rogers
Daley Huuki McBroom Schmidt, R.
Damrow Jackson McMillin Schmidt, W.
Denby Jacobsen Moss Scott
Dillon Jenkins Muxlow Shaughnessy
Farrington Johnson O’Brien Shirkey
Forlini Knollenberg Oakes Somerville
Foster Kowall Olson Stamas
Franz Kurtz Opsommer Walsh
Genetski LaFontaine Ouimet Yonker
Gilbert Lane Outman Zorn
Glardon Lindberg
Nays—42
Ananich Durhal Lipton Slavens
Barnett Geiss McCann Smiley
Bauer Goike Melton Stallworth
Bledsoe Hammel Nathan Stanley
Brown Haugh Nesbitt Stapleton
Brunner Hobbs Olumba Switalski
Byrum Hovey-Wright Pettalia Talabi
Cavanagh Howze Rutledge Tlaib
Clemente Irwin Santana Townsend
Constan Kandrevas Segal Tyler
Darany LeBlanc
In The Chair: Walsh
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The Speaker resumed the Chair.
Comments and Recommendations
Rep. Stamas moved that the following remarks be printed in the Journal.
The motion prevailed.
Rep. Melton:
“I want to thank a few people, I’m going to be very, very short, I just want to thank a few people. First off, my constituents that had faith in me; had some tough elections, but with my three terms on the county commission and now my three terms here; I’m just thankful for everybody back home. I tried to give my all; I think I always did. I never compromised my morals or my ethics, and I was always honest and did what I thought was right. I thank those who believed in me; I can’t thank them enough for what they’ve given me the opportunity to do, and representing my home town is very important. During the last couple of years I’ve had a lot of staff, but I’ve got a couple that have been with me for the entire period. Sam Scott, ran my constituent work; phenomenal, phenomenal person, cares about people more than anybody I know, took great privilege in fixing problems for people, and worked countless hours. Andy Solon, was in my office for quite some time, now he’s in the Senate; brilliant mind on policy. Wendy Larner, who’s with me now, you helped me get through this period of life and this last term as well. Policy person, Brooke Ibrahim, finally Brooke Ladd, she’s been with me in education for the last five years; she’s great. Now she’s left, she’s got a new baby, wish her well; I’m sure she’s going to be a great mother, for she certainly was a mother to me for a few years. All the interns I’ve had; I’ve had 15-20. I’ve had some great interns; even Andy Solon started as an intern and worked his way up to be Chief of Staff, so we do have some great young people and young minds that we need to take advantage of. You know, you come to town and you think lobbyists are bad people, there’re just a couple I want to mention; forgive me for not mentioning all that have had an impact on my life, but Steve Young and Bill Zaagman, you know we’ve developed some good relationships.
Again, you don’t know what you’re going to get when you leave this chamber; when you start, you hear that people are going to forget you, and you don’t know what the relationships will be, but I’ve certainly made a great friend in Jim Murray, two opposites, from opposite parties, opposite personalities, and we’ve just become great friends, and our families love each other. Dan Smith, has been with me since my first county commission race, and he’s also a great friend. I want to thank them for their guidance and their help during my term. I want to thank leadership; Mr. Speaker, you’ve been very good to me, and I appreciate the task that you’ve got and the challenges; it’s probably the toughest job in Lansing, by far. Again, we haven’t always agreed, but I’ve had tremendous respect for you, and we’ve had a tremendous ride over the last five years and I wish you guys the best. My family, I’d like to thank them. You all know the struggles our families go through during this ride, and my wife has been completely phenomenal, and my kids have been great. I miss them, and I am going to look forward to a regular job and spending some weekends with my kids and not having to do all the rubber chicken dinners, and everything that we’ve got to do. My mother, she’s been, you know, probably my biggest fan since I was a kid, and I’m proud of her and the things she’s accomplished in life too. You know, I think back to our first term, when we came in, and Speaker Dillon, having the faith and belief in me to take chairmanship as a freshman. He gave me Education; I didn’t want Education, I wanted Commerce, and I learned you don’t tell the Speaker ‘no.’ You just sort of say, ‘Yes, sir. I can’t wait to serve,’ and I thought about that over the weekend and I did, but that whole leadership team that we had, between Speaker Dillon, Representative Tobocman, Representative Angerer; we’ve built great friendships, a lot of respect for each other.
The opportunities in life, you don’t know when they’re coming or how you’re going to get them, but this has been a fantastic ride. I have a ton of respect for everyone in here that is in public service and the sacrifices that you give. I respect the chamber. It’s bitter sweet leaving, and I guess just one last word: Try to put the people of the state, and children of the state, before political partisanship and gamesmanship. This is an important job that we have, let’s respect this institution. Do what you think is right in your heart; everything else will work out. That’s the last parting word I’d like to leave with. God bless all of you and God bless the state of Michigan.”
______
Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Friday, August 26, for his approval of the following bills:
Enrolled House Bill No. 4409 at 11:00 a.m.
Enrolled House Bill No. 4410 at 11:02 a.m.
Enrolled House Bill No. 4731 at 11:04 a.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, August 25:
House Bill Nos. 4879 4880 4881 4882 4883 4884 4885 4886 4887 4888 4889 4890
Senate Bill Nos. 571 572 573 574 575 576 577 578 579 580 581 582 583 584
The Clerk announced that the following Senate bills had been received on Wednesday, September 7:
Senate Bill Nos. 64 65 356 357 358 393 472
Messages from the Senate
House Bill No. 4716, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 36a (MCL 117.36a), as amended by 2011 PA 36.
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.
Senate Bill No. 64, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5714 (MCL 600.5714), as amended by 2004 PA 105.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 65, entitled
A bill to amend 1846 RS 66, entitled “Of estates in dower, by the curtesy, and general provisions concerning real estate,” by amending section 34 (MCL 554.134), as amended by 2004 PA 106.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 356, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4702 (MCL 600.4702), as amended by 2002 PA 142.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 357, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3801 (MCL 600.3801), as amended by 1988 PA 2.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 358, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2010 PA 362.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 393, entitled
A bill to amend 2006 PA 88, entitled “Inmate reimbursement to municipalities act,” by amending section 2 (MCL 801.312).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 472, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 36105 and 36106 (MCL 324.36105 and 324.36106), as amended by 2002 PA 75.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Notices
August 30, 2011
Gary Randall
Clerk of the House
State Capitol
Lansing, MI 48913
Dear Mr. Clerk:
I hereby resign my position as State Representative for the 29th District, Michigan House of Representatives, effective Friday, September 9, 2011, at 11:59 p.m.
Thank you for your attention to this matter.
Sincerely,
Tim Melton
State Representative
29th District
Messages from the Governor
Date: September 6, 2011
Time: 3:00 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4731 (Public Act No. 130, I.E.), being
An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 321 (MCL 600.321), as amended by 2007 PA 64.
(Filed with the Secretary of State September 6, 2011, at 3:50 p.m.)
Date: September 6, 2011
Time: 3:02 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4409 (Public Act No. 131, I.E.), being
An act 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,” by amending sections 57, 57a, 57b, 57c, 57d, 57e, 57g, 57i, 57l, 57p, 57q, 57r, and 57u (MCL 400.57, 400.57a, 400.57b, 400.57c, 400.57d, 400.57e, 400.57g, 400.57i, 400.57l, 400.57p, 400.57q, 400.57r, and 400.57u), section 57 as amended and section 57p as added by 2006 PA 471, section 57a as amended by 1999 PA 26, section 57b as amended and sections 57q and 57u as added by 2006 PA 468, section 57c as added by 1995 PA 223, sections 57d, 57g, and 57r as amended by 2007 PA 9, section 57e as amended by 2006 PA 469, section 57i as added by 2000 PA 478, and section 57l as added by 1999 PA 17; and to repeal acts and parts of acts.
(Filed with the Secretary of State September 6, 2011, at 3:52 p.m.)
Date: September 6, 2011
Time: 3:04 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4410 (Public Act No. 132, I.E.), being
An act 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,” by amending section 57f (MCL 400.57f), as amended by 2006 PA 468.
(Filed with the Secretary of State September 6, 2011, at 3:54 p.m.)
Introduction of Bills
Rep. Kurtz introduced
House Bill No. 4891, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34c (MCL 211.34c), as amended by 2006 PA 646.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Kurtz introduced
House Bill No. 4892, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 10, 12, and 13 (MCL 125.1510, 125.1512, and 125.1513), section 10 as amended by 1999 PA 245.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Callton, Olson, Shirkey, Johnson, McCann, Hovey-Wright, Huuki, Haines, MacGregor, Muxlow, Hooker, Yonker, Scott, Darany and Liss introduced
House Bill No. 4893, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16184 and 16185 (MCL 333.16184 and 333.16185), section 16184 as amended by 2006 PA 591 and section 16185 as amended by 2011 PA 55.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. O’Brien introduced
House Bill No. 4894, entitled
A bill to amend 1919 PA 339, entitled “Dog law of 1919,” by amending section 17 (MCL 287.277), as amended by 1998 PA 390.
The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
Rep. O’Brien introduced
House Bill No. 4895, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3104 (MCL 500.3104), as amended by 2002 PA 662.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Heise, Geiss, Constan and Tlaib introduced
House Bill No. 4896, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11118a (MCL 324.11118a), as amended by 2010 PA 357.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Stapleton, Durhal, Stallworth, Tlaib, Hovey-Wright, Hobbs, Lane, Santana, Kandrevas, McCann, Townsend, Ananich, Cavanagh, Rutledge, Howze, Barnett, Olumba, Nathan, Heise, Jackson and Bledsoe introduced
House Bill No. 4897, entitled
A bill to amend 1967 PA 204, entitled “Metropolitan transportation authorities act of 1967,” by amending sections 2, 4a, and 10 (MCL 124.402, 124.404a, and 124.410), sections 2 and 10 as amended by 1988 PA 481 and section 4a as amended by 1998 PA 75.
The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
Reps. Ananich, Brown, Cavanagh, Rutledge, Hovey-Wright, Olumba, McCann, Kandrevas, Geiss, Howze, Melton, Dillon, Tlaib, Hobbs, Stapleton, Irwin, Darany and Oakes introduced
House Bill No. 4898, entitled
A bill to require employers to provide unpaid leave for employees to attend academic activities of their children; to provide the conditions for granting the leave; and to prohibit discrimination against employees who request or use the leave.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Tlaib, Switalski, Irwin, Townsend and Hovey-Wright introduced
House Bill No. 4899, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 69.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Tlaib, Switalski, Irwin and Hovey-Wright introduced
House Bill No. 4900, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8379, 8801, and 8831 (MCL 600.8379, 600.8801, and 600.8831), section 8379 as amended by 2000 PA 93, section 8801 as amended by 2005 PA 51, and section 8831 as added by 1995 PA 54.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Tlaib, Darany, Irwin, Hovey-Wright, Nathan, Hobbs, Stapleton and Brown introduced
House Bill No. 4901, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 12.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Townsend, Brunner, Rutledge, Cavanagh and Hovey-Wright introduced
House Bill No. 4902, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1147a.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Townsend, Brunner, Stapleton, Rutledge and Hovey-Wright introduced
House Bill No. 4903, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2010 PA 17.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Somerville and Muxlow introduced
House Bill No. 4904, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding sections 10c and 57v.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Rep. Somerville introduced
House Bill No. 4905, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 36503 and 52901 (MCL 324.36503 and 324.52901), section 36503 as added by 1995 PA 59 and section 52901 as added by 1995 PA 57.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Reps. Kurtz, Damrow, Goike, Daley, Lori, Cotter, Somerville, Scott and Agema introduced
House Bill No. 4906, entitled
A bill to designate an official language of this state.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Tyler, Knollenberg, Horn, Denby, Huuki and Cotter introduced
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.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Reps. Cotter, Shirkey, Somerville, Denby, Hughes and Tyler introduced
House Bill No. 4908, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 349 and 351 (MCL 168.349 and 168.351), section 349 as amended by 1999 PA 218.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Reps. Tyler, Knollenberg, Horn, Denby, Huuki and Cotter introduced
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.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Reps. Denby, Knollenberg, Tyler, Horn, Huuki and Cotter introduced
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).
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Reps. Horn, Knollenberg, Tyler, Denby, Huuki and Cotter introduced
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.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Reps. Knollenberg, Tyler, Horn, Denby, Huuki and Cotter introduced
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.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Rep. Foster introduced
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 bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Announcements by the Clerk
August 25, 2011
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit of the Kalamazoo Psychiatric Hospital, Bureau of Hospitals, Centers, and Forensic Mental Health Services, Department of Community Health, August, 2011.
Gary L. Randall
Clerk of the House
______
Rep. Jenkins moved that the House adjourn.
The motion prevailed, the time being 2:20 p.m.
The Speaker declared the House adjourned until Thursday, September 8, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
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