No. 37
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2012
House Chamber, Lansing, Thursday, April 19, 2012.
12:00 Noon.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Gilbert—present LeBlanc—present Price—present
Ananich—present Glardon—present Lindberg—present Pscholka—present
Barnett—present Goike—present Lipton—present Rendon—present
Bauer—present Graves—present Liss—present Rogers—present
Bledsoe—present Greimel—present Lori—present Rutledge—present
Bolger—present Haines—present Lund—present Santana—present
Brown—present Hammel—present Lyons—present Schmidt, R.—present
Brunner—present Haugh—present MacGregor—present Schmidt, W.—present
Bumstead—present Haveman—present MacMaster—present Segal—present
Byrum—present Heise—present McBroom—present Shaughnessy—present
Callton—present Hobbs—present McCann—present Shirkey—present
Cavanagh—present Hooker—present McMillin—present Slavens—present
Clemente—present Horn—present Meadows—present Smiley—present
Constan—present Hovey-Wright—present Moss—present Somerville—present
Cotter—present Howze—present Muxlow—present Stallworth—e/d/s
Crawford—present Hughes—present Nathan—present Stamas—present
Daley—present Huuki—present Nesbitt—present Stanley—present
Damrow—present Irwin—present O’Brien—present Stapleton—present
Darany—present Jackson—present Oakes—present Switalski—present
Denby—present Jacobsen—present Olson—present Talabi—present
Dillon—present Jenkins—present Olumba—present Tlaib—present
Durhal—present Johnson—present Opsommer—present Townsend—present
Farrington—present Kandrevas—present Ouimet—present Tyler—present
Forlini—present Knollenberg—present Outman—present Walsh—present
Foster—present Kowall—present Pettalia—present Womack—present
Franz—present Kurtz—present Poleski—present Yonker—present
Geiss—present LaFontaine—present Potvin—present Zorn—present
Genetski—present Lane—present
e/d/s = entered during session
Elder H.J. Coleman, Elder of Greater Coleman Temple in Saginaw, offered the following invocation:
“God of our weary years, God of our silent tears. Thou Who has brought us by Thy power here. Thou Who has by Thy might brought us into this light.
We gather in this great assembly to tender the business of our state. The state of Michigan is more than the peaks and peninsulas, more than the lakes and trees. It is a people. A people who have carved their lives from the agricultural clays, the manufacturing lines, in neighborhoods great and small. A people whose faith in their God and each other has fortified them in community; through wars, storms, depressions, and terrors.
Today we offer thanksgiving for this place, for this people, and the leaders we have chosen.
Bless this house with the wisdom of the ages to discern good and evil, grace to operate with compassion, and integrity that will force equity and fairness in decisions. Be present in these deliberations, strong in faith, and merciful in judgment we pray this day in the name which is above every name, Jesus the Christ.
Amen.”
Motions and Resolutions
Reps. Outman, Brown, Byrum, Constan, Goike, Haines, Heise, Hooker, Huuki, Kurtz, LeBlanc, Liss, Lori, Poleski, Roy Schmidt, Segal, Slavens and Tyler offered the following resolution:
House Resolution No. 234.
A resolution to declare April 2012 as Safe Digging Month in the state of Michigan.
Whereas, This April marks the five-year anniversary for both National Safe Digging Month and the 811 campaign, which offers Michigan residents an easy-to-remember, toll-free number to call at least three days before beginning any digging project; and
Whereas, By simply dialing 811, Michigan homeowners and contractors are connected to MISS DIG System, Inc. which notifies appropriate utility owners of their intent to dig; and
Whereas, Calling 811 is the safe way to learn the approximate location of underground utilities that include natural gas, electric, phone, internet, water and sewer. The month of April traditionally marks the beginning of the commercial and residential construction season, when large scale projects like buildings and road work begin, as well as smaller jobs like installing landscaping, decks, fencing and even street mailboxes; and
Whereas, Each year because of these and other excavation projects, Michigan’s utility infrastructure can be unintentionally damaged by those who fail to call 811 at least three working days prior to digging. Undesired consequences such as service interruption, damage to property and the environment, personal injury, and even death can potentially result; and
Whereas, MISS DIG System, Inc. as well as Consumers Energy, DTE Energy, SEMCO Energy and other Michigan utilities along with the Michigan Public Service Commission, Michigan legislators and the national Common Ground Alliance organization, promote the national call-before-you-dig number, 811, in an effort to reduce these damages; and
Whereas, Excavators and homeowners can save time and money while keeping our state and its residents and workers safe and connected by calling 811 in advance of any excavation project; waiting three working days; respecting the marked lines by maintaining visual definition throughout the course of the excavation; and finally, digging with care around the markings; and
Whereas, All parties agree that safety is a shared responsibility. To know what’s below, call 811 before digging; and
Whereas, Through this partnership with these and other utilities, one call centers and state and local governments, the 811 campaign is marking its fifth year of nationwide success at sharing safe digging practices; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 2012 as Safe Digging Month in the state of Michigan. We encourage excavators and homeowners throughout our great state to always call 811 before digging. Safe digging is no accident.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Ananich, Johnson, Graves, Segal, Brown, Constan, Haines, Heise, Hooker, Huuki, LeBlanc, Liss, Lori, Poleski, Roy Schmidt and Slavens offered the following resolution:
House Resolution No. 235.
A resolution to declare April 22-29, 2012, as Drug Take Back Awareness Week in the state of Michigan.
Whereas, Saturday, April 28, 2012, will be considered the fourth annual “National Drug Take Back Day” sponsored by the Drug Enforcement Administration (DEA); and
Whereas, These events held all across Michigan and the United States provide the public with an opportunity to safely dispose of potentially harmful expired, unused, and unwanted prescription drugs; and
Whereas, According to the Centers for Disease Control and Prevention (CDC) prescription drug abuse is the fastest growing drug problem in the United States; and
Whereas, A recent report from the CDC found that the percentage of poisoning deaths among those aged 15-19 years with prescription drugs as a contributing cause increased from 30 percent in 2000 to 57 percent in 2009; and
Whereas, The availability of unused prescription drugs can increase the potential for crime by those who want to abuse them; and
Whereas, Safe convenient methods to dispose of prescription drugs will help keep potentially harmful medicines from entering both our water systems and the hands of our youth; and
Whereas, The U.S. Geological Survey has found that 80 percent of streams and 93 percent of groundwater tested were contaminated with at least one pharmaceutical compound; and
Whereas, During the third National Drug Take Back Day in 2011, more than 375,000 pounds of prescription drugs were collected at more than 4,000 take back locations; and
Whereas, A medication take back day at the State Capitol in 2011 collected more than 515 pounds of unused drugs worth an estimated $500,000; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 22-29, 2012, as Drug Take Back Awareness Week in the state of Michigan. We urge all of our citizens to observe this occasion.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. MacGregor, Jenkins, LeBlanc, Rogers, Cotter, Genetski, Brown, Constan, Haines, Heise, Hooker, Huuki, Knollenberg, Kurtz, Liss, Lori, Poleski, Roy Schmidt, Segal, Slavens and Tyler offered the following resolution:
House Resolution No. 236.
A resolution to commemorate the 95th anniversary of the Michigan State Police.
Whereas, The Michigan Department of State Police was first organized as the Michigan State Troops Permanent Force in 1917 for the purposes of domestic security and moved to permanent status in 1919. During the early years, the state police protected the homeland during the Great War, provided traffic patrol and general rural law enforcement and enforced prohibition law. Over time, the department evolved to better serve the citizens of Michigan, eventually being recognized as a world-renowned police agency; and
Whereas, The professionalism and efficiency of the Michigan State Police were noted nationally as the department took the lead in several key initiatives, including the development of one of the world’s leading public safety two-way radio communications systems, the Michigan Public Safety Communications System, which is the largest public safety communications system in North America; and
Whereas, Throughout its ninety-five-year history, the Michigan State Police has undergone several transformations to advance its reputation for professionalism, innovation, and excellence. Following the terrorist attacks of September 2001, the Director of the Michigan State Police was designated as the State Director of Homeland Security to reflect the state’s need to become better prepared for terrorism and weapons of mass destruction incidents, and this past year, the department instituted a regional policing plan that increases patrol visibility and makes the department more mobile and flexible in responding to emerging crime trends; and
Whereas, The Michigan Department of State Police is an agency that has continued to excel in the face of change and, when not probing for crime solutions, has taken on new duties in the area of crime prevention. As technological advances progress each year, the department continues to lead in high technology, as evidenced by the creation of the Biometrics and Identification Division to emphasize the science and technologies critical to the future of public safety. Following the lead of the FBI, Michigan is the first state with this type of concentration highlighted in its organizational structure. Michigan also became linked to the Combined DNA Index System (CODIS), a fully integrated local, state and national law enforcement system and crime fighting tool; and
Whereas, The Michigan Department of State Police is dedicated to having a diverse workforce and reaching out to all of Michigan’s residents with special interest in the youth population. In 2003, the agency saw the appointment of its first African-American director; in 2006, the first Hispanic director and in 2010, the first female director was appointed. The Michigan State Police created the Michigan Youth Leadership Academy to provide teens with the opportunity to learn leadership and decision making skills, as well as build positive relationships with law enforcement officers. In 2008, the Michigan Youth Leadership Academy received the International Association of Chiefs of Police Civil Rights Award; and
Whereas, Throughout the years, the Michigan State Police has mobilized many times to maintain order, protect property, and provide emergency relief. Michigan citizens have come to rely on these valiant law enforcement officers in times of civil disorder or personal distress and their trust has been well founded. We are indeed fortunate and grateful for the contributions of the members of the Michigan Department of State Police to the people of this state; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commemorate the 95th anniversary of the Michigan State Police; and be it further
Resolved, That a copy of this resolution be transmitted to Col. Kriste Kibbey Etue, director of the Michigan State Police, and to the members of this greatly respected department as evidence of the high regard and esteem held for them by the Michigan Legislature and the people they serve.
The question being on the adoption of the resolution,
The resolution was adopted.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Kowall offered the following concurrent resolution:
House Concurrent Resolution No. 53.
A concurrent resolution approving a lease between the State of Michigan and the State Building Authority relative to the Department of Technology, Management and Budget State Facility Preservation Projects-Phase I and III Group P State Surplus Facility Special Maintenance (the “Facility”).
Whereas, Section 7 of 1964 PA 183, as amended, being MCL 830.417, requires that, before a lease between the State of Michigan (the “State”) and the State Building Authority (the “Authority”) that is only for capital maintenance improvements is executed, the general form of the lease shall be approved by concurrent resolution of the Legislature concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal. The description of the property to be leased and the rental to be paid by the State shall be approved by the State Administrative Board; and
Whereas, Providing capital maintenance improvements to be used by the State pursuant to a lease with the Authority is a recognized public purpose; and
Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the “Lease”); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost of the Department of Technology, Management and Budget State Facility Preservation Projects-Phase I and III Group P State Surplus Facility Special Maintenance Projects shall not exceed $1,702,000 (the Authority share is $1,702,000 and the State General Fund/General Purpose share is $0), plus interest charges on monies advanced by the State to meet the acquisition and installation cash flow requirements of the Facility, if any, of which not more than $1,702,000, plus interest charges on monies advanced by the State to meet the acquisition and installation cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonacquisition and installation costs; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of “True Rental” for the Facility shall be within or below the range of $135,000 and $171,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Kowall offered the following concurrent resolution:
House Concurrent Resolution No. 54.
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 Wayne County Community College District relative to the Wayne County Community College District Northwest Campus Replacement Construction Project.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL 830.415, requires the approval of the Wayne County Community College District (the “Educational Institution”), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the “Authority”); and
Whereas, The site for the Wayne County Community College District Northwest Campus Replacement Construction Project (the “Facility”) is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the “State”) may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the “Lease”); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Wayne County Community College District Northwest Campus Replacement Construction Project shall not exceed $42,000,000 (the Authority share is $20,999,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $21,000,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $20,999,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of “True Rental” for the Facility shall be within or below the range of $1,440,000 and $1,883,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of the Wayne County Community College District, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Third Reading of Bills
House Bill No. 5245, entitled
A bill to amend 1980 PA 395, entitled “Community convention or tourism marketing act,” by amending section 5 (MCL 141.875), as amended by 1989 PA 245.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 180 Yeas—83
Ananich Glardon Lane Rogers
Barnett Graves Lindberg Rutledge
Bauer Greimel Lipton Santana
Bledsoe Haines Liss Schmidt, R.
Bolger Hammel Lori Schmidt, W.
Brunner Haugh Lund Segal
Byrum Haveman Lyons Shaughnessy
Callton Heise MacGregor Slavens
Cavanagh Hobbs McCann Smiley
Clemente Horn Meadows Stamas
Constan Hovey-Wright Muxlow Stanley
Crawford Howze Nesbitt Stapleton
Darany Hughes O’Brien Switalski
Denby Irwin Oakes Talabi
Dillon Jackson Olson Tlaib
Durhal Jacobsen Olumba Townsend
Farrington Jenkins Ouimet Tyler
Forlini Kandrevas Poleski Walsh
Foster Knollenberg Potvin Yonker
Genetski Kurtz Price Zorn
Gilbert LaFontaine Pscholka
Nays—26
Agema Geiss MacMaster Outman
Brown Goike McBroom Pettalia
Bumstead Hooker McMillin Rendon
Cotter Huuki Moss Shirkey
Daley Johnson Nathan Somerville
Damrow Kowall Opsommer Womack
Franz LeBlanc
In The Chair: Walsh
The House agreed to the title of the bill.
House Bill No. 5362, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3135 (MCL 500.3135), as amended by 2002 PA 697.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 181 Yeas—109
Agema Gilbert Lane Potvin
Ananich Glardon LeBlanc Price
Barnett Goike Lindberg Pscholka
Bauer Graves Lipton Rendon
Bledsoe Greimel Liss Rogers
Bolger Haines Lori Rutledge
Brown Hammel Lund Santana
Brunner Haugh Lyons Schmidt, R.
Bumstead Haveman MacGregor Schmidt, W.
Byrum Heise MacMaster Segal
Callton Hobbs McBroom Shaughnessy
Cavanagh Hooker McCann Shirkey
Clemente Horn McMillin Slavens
Constan Hovey-Wright Meadows Smiley
Cotter Howze Moss Somerville
Crawford Hughes Muxlow Stamas
Daley Huuki Nathan Stanley
Damrow Irwin Nesbitt Stapleton
Darany Jackson O’Brien Switalski
Denby Jacobsen Oakes Talabi
Dillon Jenkins Olson Tlaib
Durhal Johnson Olumba Townsend
Farrington Kandrevas Opsommer Tyler
Forlini Knollenberg Ouimet Walsh
Foster Kowall Outman Womack
Franz Kurtz Pettalia Yonker
Geiss LaFontaine Poleski Zorn
Genetski
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Reps. Bledsoe, Brown, Callton, Cotter, Durhal, Goike, Greimel, Haines, Haugh, Heise, Hooker, Horn, Hovey-Wright, Howze, Jackson, Knollenberg, Kowall, Kurtz, Liss, Nathan, Oakes, Price, Rendon, Rutledge, Shaughnessy, Talabi and Walsh were named co‑sponsors of the bill.
______
Rep. Stallworth entered the House Chambers.
Senate Bill No. 29, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224a (MCL 750.224a), as amended by 2006 PA 457.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 182 Yeas—106
Agema Genetski Lindberg Pscholka
Ananich Gilbert Lipton Rendon
Barnett Glardon Liss Rogers
Bauer Goike Lori Rutledge
Bledsoe Graves Lund Santana
Bolger Greimel Lyons Schmidt, R.
Brown Haines MacGregor Schmidt, W.
Brunner Hammel MacMaster Segal
Bumstead Haugh McBroom Shaughnessy
Byrum Haveman McCann Shirkey
Callton Heise McMillin Slavens
Cavanagh Hobbs Meadows Smiley
Clemente Hooker Moss Somerville
Constan Horn Muxlow Stallworth
Cotter Hughes Nesbitt Stamas
Crawford Huuki O’Brien Stanley
Daley Jackson Oakes Stapleton
Damrow Jacobsen Olson Switalski
Darany Jenkins Olumba Talabi
Denby Johnson Opsommer Tlaib
Dillon Kandrevas Ouimet Townsend
Durhal Knollenberg Outman Tyler
Farrington Kowall Pettalia Walsh
Forlini Kurtz Poleski Womack
Foster LaFontaine Potvin Yonker
Franz Lane Price Zorn
Geiss LeBlanc
Nays—4
Hovey-Wright Howze Irwin Nathan
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”
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. 30, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending the title and sections 5f, 5k, and 5o (MCL 28.425f, 28.425k, and 28.425o), the title as amended and section 5k as added by 2000 PA 381, section 5f as amended by 2008 PA 194, and section 5o as amended by 2008 PA 407.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 183 Yeas—106
Agema Genetski Lindberg Pscholka
Ananich Gilbert Lipton Rendon
Barnett Glardon Liss Rogers
Bauer Goike Lori Rutledge
Bledsoe Graves Lund Santana
Bolger Greimel Lyons Schmidt, R.
Brown Haines MacGregor Schmidt, W.
Brunner Hammel MacMaster Segal
Bumstead Haugh McBroom Shaughnessy
Byrum Haveman McCann Shirkey
Callton Heise McMillin Slavens
Cavanagh Hobbs Meadows Smiley
Clemente Hooker Moss Somerville
Constan Horn Muxlow Stallworth
Cotter Hughes Nesbitt Stamas
Crawford Huuki O’Brien Stanley
Daley Jackson Oakes Stapleton
Damrow Jacobsen Olson Switalski
Darany Jenkins Olumba Talabi
Denby Johnson Opsommer Tlaib
Dillon Kandrevas Ouimet Townsend
Durhal Knollenberg Outman Tyler
Farrington Kowall Pettalia Walsh
Forlini Kurtz Poleski Womack
Foster LaFontaine Potvin Yonker
Franz Lane Price Zorn
Geiss LeBlanc
Nays—4
Hovey-Wright Howze Irwin Nathan
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending the title and sections 5f, 5g, 5k, and 5o (MCL 28.425f, 28.425g, 28.425k, and 28.425o), the title as amended and sections 5g and 5k as added by 2000 PA 381, section 5f as amended by 2008 PA 194, and section 5o as amended by 2008 PA 407.
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. 93, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 11b and 16m of chapter XVII (MCL 777.11b and 777.16m), section 11b as amended by 2008 PA 538 and section 16m as amended by 2005 PA 106.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 184 Yeas—109
Agema Gilbert LeBlanc Price
Ananich Glardon Lindberg Pscholka
Barnett Goike Lipton Rendon
Bauer Graves Liss Rogers
Bledsoe Greimel Lori Rutledge
Bolger Haines Lund Santana
Brown Hammel Lyons Schmidt, R.
Brunner Haugh MacGregor Schmidt, W.
Bumstead Haveman MacMaster Segal
Byrum Heise McBroom Shaughnessy
Callton Hobbs McCann Shirkey
Cavanagh Hooker McMillin Slavens
Clemente Horn Meadows Smiley
Constan Hovey-Wright Moss Somerville
Cotter Howze Muxlow Stallworth
Crawford Hughes Nathan Stamas
Daley Huuki Nesbitt Stanley
Damrow Jackson O’Brien Stapleton
Darany Jacobsen Oakes Switalski
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
Nays—1
Irwin
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending sections 11b and 16m of chapter XVII (MCL 777.11b and 777.16m), section 11b as amended by 2011 PA 257 and section 16m as amended by 2005 PA 106.
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. 428, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6 (MCL 205.56), as amended by 2011 PA 71.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 185 Yeas—110
Agema Gilbert LeBlanc Price
Ananich Glardon Lindberg Pscholka
Barnett Goike Lipton Rendon
Bauer Graves Liss Rogers
Bledsoe Greimel Lori Rutledge
Bolger Haines Lund Santana
Brown Hammel Lyons Schmidt, R.
Brunner Haugh MacGregor Schmidt, W.
Bumstead Haveman MacMaster Segal
Byrum Heise McBroom Shaughnessy
Callton Hobbs McCann Shirkey
Cavanagh Hooker McMillin Slavens
Clemente Horn Meadows Smiley
Constan Hovey-Wright Moss Somerville
Cotter Howze Muxlow Stallworth
Crawford Hughes Nathan Stamas
Daley Huuki Nesbitt Stanley
Damrow Irwin O’Brien Stapleton
Darany Jackson Oakes Switalski
Denby Jacobsen Olson Talabi
Dillon Jenkins Olumba Tlaib
Durhal Johnson Opsommer Townsend
Farrington Kandrevas Ouimet Tyler
Forlini Knollenberg Outman Walsh
Foster Kowall Pettalia Womack
Franz Kurtz Poleski Yonker
Geiss LaFontaine Potvin Zorn
Genetski Lane
Nays—0
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5414, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 75101, 75102, and 75104 (MCL 324.75101, 324.75102, and 324.75104), as added by 1995 PA 58.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources, Tourism, and Outdoor Recreation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Foster moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4608, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 658 (MCL 257.658), as amended by 2002 PA 494.
Rep. Stamas moved that the bill be re-referred to the Committee on Transportation.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Geiss moved that the Committee on Commerce be discharged from further consideration of House Resolution No. 189.
(For first notice see House Journal No. 36, p. 599.)
The question being on the motion made by Rep. Geiss,
Rep. Geiss demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Geiss,
Rep. Stamas moved that consideration of the motion be postponed for the day.
The motion prevailed.
______
Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, April 19:
House Bill Nos. 5539 5540 5541 5542
Senate Bill Nos. 1073 1074 1075
Reports of Standing Committees
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 4928, entitled
A bill to amend 1915 PA 123, entitled “An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits,” (MCL 565.451a to 565.453) by adding section 1d.
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. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Cavanagh and Olumba
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 5284, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145d (MCL 750.145d), as amended by 2000 PA 185.
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. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Graves, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
Senate Bill No. 269, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8401 (MCL 600.8401), as amended by 1999 PA 27.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Cavanagh and Olumba
Nays: Rep. Irwin
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Walsh, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Thursday, April 19, 2012
Present: Reps. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Haines, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Thursday, April 19, 2012
Present: Reps. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Graves, Liss, Stallworth, Darany, Segal, Hovey-Wright and Greimel
Absent: Rep. Womack
Excused: Rep. Womack
Messages from the Senate
House Bill No. 4658, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2008 PA 415.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4346, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 6 (MCL 205.96), as amended by 2004 PA 172.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Messages from the Governor
Date: April 19, 2012
Time: 9:06 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4207 (Public Act No. 102, I.E.), being
An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 5512 and 11522 (MCL 324.5512 and 324.11522); and to repeal acts and parts of acts.
(Filed with the Secretary of State April 19, 2012, at 9:16 a.m.)
Introduction of Bills
Reps. Pscholka, Nesbitt, Cotter, Tyler, Bumstead, MacGregor, Jacobsen and Lyons introduced
House Bill No. 5543, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 27a (MCL 205.27a), as amended by 2011 PA 304.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Foster introduced
House Bill No. 5544, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 226, 227, and 231 (MCL 750.226, 750.227, and 750.231), section 227 as amended by 1986 PA 8 and section 231 as amended by 2006 PA 401; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Rep. McMillin introduced
House Bill No. 5545, entitled
A bill to amend 1964 PA 154, entitled “Minimum wage law of 1964,” by amending section 4a (MCL 408.384a), as amended by 1997 PA 2.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Daley, LaFontaine, Denby, Kurtz, Rendon, Muxlow, Outman, Tyler, Brunner, Smiley, McBroom, Heise, Hovey‑Wright and Lipton introduced
House Bill No. 5546, entitled
A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending the title and sections 2, 3, 4, 6, 7, 8, 9, 9a, 10, 12, 13, 14, 15, 16, 17, 18, 19, 19a, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 32 (MCL 431.302, 431.303, 431.304, 431.306, 431.307, 431.308, 431.309, 431.309a, 431.310, 431.312, 431.313, 431.314, 431.315, 431.316, 431.317, 431.318, 431.319, 431.319a, 431.320, 431.321, 431.322, 431.323, 431.324, 431.325, 431.326, 431.327, 431.328, 431.329, and 431.332), sections 2 and 4 as amended by 2006 PA 445, sections 7, 9, 10, and 12 as amended by 2000 PA 164, section 9a as added by 1997 PA 73, sections 14, 17, and 18 as amended and section 19a as added by 1998 PA 408, section 16 as amended by 2005 PA 7, and section 20 as amended by 2006 PA 185; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Goike, LaFontaine, Cotter, Hughes, Shaughnessy, Lund, Rogers, Johnson, Agema, McMillin, Graves, Somerville, Kowall, Forlini and Jenkins introduced
House Bill No. 5547, entitled
A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 23c (MCL 38.1023c), as amended by 1998 PA 501.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. LaFontaine, Goike, Cotter, Hughes, Shaughnessy, Lund, Rogers, Johnson, McMillin, Graves, Somerville, Kowall, Forlini and Jenkins introduced
House Bill No. 5548, entitled
A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending sections 50b and 79 (MCL 38.1050b and 38.1079), section 50b as amended by 1998 PA 501 and section 79 as amended by 2011 PA 200.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Goike, LaFontaine, Cotter, Hughes, Shaughnessy, Lund, Rogers, Johnson, McMillin, Graves, Somerville, Kowall, Forlini and Jenkins introduced
House Bill No. 5549, entitled
A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 22c (MCL 38.1022c), as amended by 2002 PA 97.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. LaFontaine, Goike, Cotter, Hughes, Shaughnessy, Lund, Rogers, Johnson, Agema, McMillin, Graves, Somerville, Kowall, Forlini and Jenkins introduced
House Bill No. 5550, entitled
A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 26 (MCL 38.1026), as amended by 2006 PA 614.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Announcements by the Clerk
The Clerk received the following dissent from Reps. Haugh, Oakes, Meadows, Darany, Brunner, Talabi, Hobbs, Hammel and Durhal:
Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to SB 617. I did not, have not, and do not support the gaveling on of immediate effect to SB 617.
The Clerk received the following dissent from Reps. Segal, Barnett, Lindberg, Switalski, Santana, Geiss, Dillon, Byrum, Kandrevas, Darany, McCann, Durhal, Brunner, Bledsoe, Rutledge, Meadows, Stallworth, Brown, Hammel, Talabi, Bauer, Irwin, Lane, Slavens, Howze and Lipton:
Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to SB528, SB529, SB530, SB531, and SB532. I did not, have not, and do not support the gaveling on of immediate effect to SB528, SB529, SB530, SB531, and SB532.
The Clerk received the following dissent from Rep. Constan:
Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to SB528. I did not, have not, and do not support the gaveling on of immediate effect to SB528.
The Clerk received the following dissent from Reps. Hobbs and Cavanagh:
Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to SB412 and SB1018. I did not, have not, and do not support the granting of immediate effect to SB412 and SB1018.
The Clerk received the following dissent from Rep. Cavanagh:
Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to SB619 and SB1018. I did not, have not, and do not support the granting of immediate effect to HB5408, HB5421, and SB 874.
The Clerk received the following dissent from Rep. Cavanagh:
Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to HB5009, HB5061, HB5062, HB4975, HB5271, HB5228, SB711, and SB712. I did not, have not, and do not support the granting of immediate effect to HB5009, HB5061, HB5062, HB4975, HB5271, HB5228, SB711, and SB712.
______
Rep. Poleski moved that the House adjourn.
The motion prevailed, the time being 1:35 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, April 24, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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