No. 51
State of Michigan
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2011
House Chamber, Lansing, Wednesday, June 1, 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—excused 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—present 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—present
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. Peter MacGregor, from the 73rd District, offered the following invocation:
“Dear Lord,
We come together to ask for Your guidance as we govern our great state & country, which You have so richly blessed. We pray that You will work in all of us as we decipher Your good and perfect will. As we work towards Your will, may we seek peaceful solutions with respect and patience. May our trust always be in You and may we acknowledge You for all good things. We thank You for giving us the opportunity to be Your servants and we pray for all of our leaders, that they may be granted Your strength and wisdom.
In Jesus name,
Amen.”
______
Rep. Segal moved that Rep. Haugh be excused from today’s session.
The motion prevailed.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Second Reading of Bills
House Bill No. 4452, 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 2010 PA 322.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Commerce,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Yonker moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 159, entitled
A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2002 PA 472.
The bill was read a second time.
Rep. Walsh moved to amend the bill as follows:
1. Amend page 2, line 4, after “section” by inserting “145C, 145D,”.
2. Amend page 2, line 5, after “MCL” by inserting “750.145C, 750.145D,”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4623, entitled
A bill to amend 1964 PA 284, entitled “City income tax act,” by amending sections 3 and 3c of chapter 1 (MCL 141.503 and 141.503c), section 3 as amended by 2007 PA 209 and section 3c as amended by 1998 PA 500.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 157 Yeas—56
Ananich Geiss Lipton Segal
Barnett Gilbert Liss Slavens
Bauer Hammel Lund Smiley
Bledsoe Haveman McCann Stallworth
Bolger Hobbs Meadows Stamas
Brown Horn Melton Stanley
Brunner Hovey-Wright Nathan Stapleton
Byrum Howze Oakes Switalski
Cavanagh Irwin Olumba Talabi
Clemente Jackson Opsommer Tlaib
Constan Kandrevas Rutledge Townsend
Darany Lane Santana Walsh
Dillon LeBlanc Schmidt, R. Womack
Durhal Lindberg Schmidt, W. Yonker
Nays—53
Agema Goike Lori Pettalia
Bumstead Haines Lyons Poleski
Callton Heise MacGregor Potvin
Cotter Hooker MacMaster Price
Crawford Hughes McBroom Pscholka
Daley Huuki McMillin Rendon
Damrow Jacobsen Moss Rogers
Denby Jenkins Muxlow Scott
Farrington Johnson Nesbitt Shaughnessy
Forlini Knollenberg O’Brien Shirkey
Foster Kowall Olson Somerville
Franz Kurtz Ouimet Tyler
Genetski LaFontaine Outman Zorn
Glardon
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4624, entitled
A bill to amend 1990 PA 100, entitled “City utility users tax act,” by amending the title and section 2 (MCL 141.1152), the title as amended by 1998 PA 548 and section 2 as amended by 2005 PA 197.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 158 Yeas—57
Ananich Gilbert Liss Segal
Barnett Hammel Lund Slavens
Bauer Haveman McCann Smiley
Bledsoe Hobbs Meadows Stallworth
Bolger Horn Melton Stamas
Brown Hovey-Wright Nathan Stanley
Brunner Howze Oakes Stapleton
Byrum Irwin Olumba Switalski
Cavanagh Jackson Opsommer Talabi
Clemente Kandrevas Pettalia Tlaib
Constan Lane Rutledge Townsend
Darany LeBlanc Santana Walsh
Dillon Lindberg Schmidt, R. Womack
Durhal Lipton Schmidt, W. Yonker
Geiss
Nays—52
Agema Glardon LaFontaine Outman
Bumstead Goike Lori Poleski
Callton Haines Lyons Potvin
Cotter Heise MacGregor Price
Crawford Hooker MacMaster Pscholka
Daley Hughes McBroom Rendon
Damrow Huuki McMillin Rogers
Denby Jacobsen Moss Scott
Farrington Jenkins Muxlow Shaughnessy
Forlini Johnson Nesbitt Shirkey
Foster Knollenberg O’Brien Somerville
Franz Kowall Olson Tyler
Genetski Kurtz Ouimet Zorn
In The Chair: Walsh
The House agreed to the title of the bill.
______
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
Motions and Resolutions
Rep. Stamas moved that when the House adjourns today it stand adjourned until Tuesday, June 7, at 1:30 p.m.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, May 31, for his approval of the following bill:
Enrolled House Bill No. 4314 at 3:38 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, June 1:
House Bill Nos. 4687 4688 4689 4690 4691 4692 4693 4694 4695 4696 4697 4698 4699 4700
4701 4702
Senate Bill No. 400
The Clerk announced that the following Senate bills had been received on Wednesday, June 1:
Senate Bill Nos. 331 383
Messages from the Senate
House Bill No. 4167, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2008 PA 297.
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. 4168, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601b (MCL 257.601b), as amended by 2008 PA 296.
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. 4231, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8206) by adding section 5109.
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.
Senate Bill No. 331, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 229 (MCL 436.1229), as amended by 2005 PA 288; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 383, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 455, 457, and 459 (MCL 208.1455, 208.1457, and 208.1459), section 455 as amended by 2010 PA 312, section 457 as added by 2008 PA 86, and section 459 as added by 2008 PA 74.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Introduction of Bills
Rep. Scott introduced
House Bill No. 4703, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 36 (MCL 791.236), as amended by 2008 PA 191.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Scott introduced
House Bill No. 4704, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 35 (MCL 791.235), as amended by 1998 PA 315.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Lyons moved that the House adjourn.
The motion prevailed, the time being 11:00 a.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, June 7, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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