No. 89

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Wednesday, November 2, 2011.

1:30 p.m.

The House was called to order by the Speaker.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Agema—present Gilbert—present Lindberg—present Pscholka—present

Ananich—present Glardon—present Lipton—present Rendon—present

Barnett—present Goike—present Liss—present Rogers—present

Bauer—present Haines—present Lori—present Rutledge—present

Bledsoe—present Hammel—present Lund—present Santana—present

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

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

Brunner—present Heise—present MacMaster—present Scott—present

Bumstead—present Hobbs—present McBroom—present Segal—present

Byrum—present Hooker—present McCann—present Shaughnessy—present

Callton—present Horn—present McMillin—present Shirkey—present

Cavanagh—present Hovey-Wright—present Meadows—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—excused

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

e/d/s = entered during session

Rep. Kenneth L. Kurtz, from the 58th District, offered the following invocation:

“We are reminded in scripture, O God, that You bless those who bless others. We render unto one another that that is there due, which is our respect, our praise and our strength. As we deliberate this day, might we be mindful, O God, that You are the giver of every good and perfect gift and might we look within ourselves, for that perfect gift, to obtain for the best and the highest. We are thankful for life and its deeper meanings and for our relationships, one with the other. May we bless Your holy name and our thoughts, our actions and our words. In Christ’s name, I pray, Amen.”

______

Rep. Segal moved that Rep. Stallworth be excused from today’s session.

The motion prevailed.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4554, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301, 1307, 30102, 30104, 32603, 32604, 32606, 32607, 32609, and 32611 (MCL 324.1301, 324.1307, 324.30102, 324.30104, 324.32603, 324.32604, 324.32606, 324.32607, 324.32609, and 324.32611), section 1301 as amended by 2009 PA 120, section 1307 as added by 2004 PA 325, sections 30102 and 30104 as amended by 2009 PA 139, sections 32603, 32604, 32606, and 32609 as added by 2000 PA 278, section 32607 as amended by 2004 PA 546, and section 32611 as added by 2000 PA 277.

(The bill was received from the Senate on October 27, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 1, see House Journal No. 87, p. 2494.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 443 Yeas—107

Agema Gilbert Lindberg Pscholka

Ananich Glardon Lipton Rendon

Barnett Goike Liss Rogers

Bauer Haines Lori Rutledge

Bledsoe Hammel Lund Santana

Bolger 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 Meadows Slavens

Constan Howze Moss Smiley

Cotter Hughes Muxlow Somerville

Crawford Huuki Nathan Stamas

Daley Irwin 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 LeBlanc Price

Nays—1

Brown

In The Chair: Walsh

The House agreed to the title as amended.

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

Third Reading of Bills

Senate Bill No. 235, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16221 (MCL 333.16221), as amended by 2004 PA 214.

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

Roll Call No. 444 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 Meadows Slavens

Constan Howze Moss Smiley

Cotter Hughes Muxlow Somerville

Crawford Huuki Nathan Stamas

Daley Irwin 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

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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

The House agreed to the full title.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 5002, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending sections 301, 315, 331, 353, 354, 360, 361, and 801 (MCL 418.301, 418.315, 418.331, 418.353, 418.354, 418.360, 418.361, and 418.801), sections 301 and 354 as amended by 1987 PA 28, section 315 as amended by 2009 PA 226, sections 331 and 801 as amended by 1994 PA 271, and section 361 as amended by 1985 PA 103, and by adding section 306; and to repeal acts and parts of acts.

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

Roll Call No. 445 Yeas—59

Agema Haines Lyons Potvin

Bolger Haveman MacGregor Price

Bumstead Heise MacMaster Pscholka

Crawford Horn McBroom Rendon

Daley Hughes McMillin Rogers

Damrow Huuki Moss Schmidt, W.

Denby Jacobsen Muxlow Scott

Farrington Jenkins Nesbitt Shaughnessy

Forlini Johnson O’Brien Shirkey

Foster Knollenberg Olson Somerville

Franz Kowall Opsommer Stamas

Genetski Kurtz Ouimet Tyler

Gilbert LaFontaine Outman Walsh

Glardon Lori Pettalia Zorn

Goike Lund Poleski

Nays—49

Ananich Dillon Lane Schmidt, R.

Barnett Durhal LeBlanc Segal

Bauer Geiss Lindberg Slavens

Bledsoe Hammel Lipton Smiley

Brown Haugh Liss Stanley

Brunner Hobbs McCann Stapleton

Byrum Hooker Meadows Switalski

Callton Hovey-Wright Nathan Talabi

Cavanagh Howze Oakes Tlaib

Clemente Irwin Olumba Townsend

Constan Jackson Rutledge Womack

Cotter Kandrevas Santana Yonker

Darany

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 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending sections 210, 212, 213, 230, 274, 301, 315, 319, 331, 353, 354, 360, 361, 381, 401, 625, 801, 835, 836, 837, 847, and 853 (MCL 418.210, 418.212, 418.213, 418.230, 418.274, 418.301, 418.315, 418.319, 418.331, 418.353, 418.354, 418.360, 418.361, 418.381, 418.401, 418.625, 418.801, 418.835, 418.836, 418.837, 418.847, and 418.853), sections 210, 213, 274, 331, 801, 836, 837, 847, and 853 as amended by 1994 PA 271, section 212 as added and sections 319, 361, and 381 as amended by 1985 PA 103, section 230 as amended by 2002 PA 566, sections 301, 354, and 401 as amended by 1987 PA 28, section 315 as amended by 2009 PA 226, section 625 as amended by 2002 PA 626, and section 835 as amended by 1996 PA 357; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Reps. Hammel, Durhal, Townsend, Byrum, Cavanagh, Slavens, Geiss, McCann, Lipton, Smiley, Brunner, Liss, Bauer, Lindberg, Stapleton and Womack, having reserved the right to explain their protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted no on House Bill 5002 because, for among other reasons, if enacted this bill will lead to a worker comp system staffed by magistrates without valid experience and beholden as political appointees; it will modify the definition of wages such that injured workers could be penalized based on imaginary wages they could have earned; and it will allow the government to dictate to injured workers the medical providers from which they may seek treatment.

Therefore, I voted ‘no’ on House Bill 5002. I also voted ‘no’ on granting Immediate Effect to House Bill 5002.”

Rep. Segal, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted no on House Bill 5002 because if enacted this bill will lead to a worker comp system staffed by magistrates without valid experience and beholden as political appointees; it will modify the definition of wages such that injured workers could be penalized based on imaginary wages they could have earned; and it will allow the government to dictate to injured workers the medical providers from which they may seek treatment.

Therefore, I voted ‘no’ on House Bill 5002. I also voted ‘no’ on granting Immediate Effect to House Bill 5002.”

Reps. Hobbs and Switalski, having reserved the right to explain their protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Rep. Constan, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

No Vote Explanation for House Bill 5002

I voted no on House Bill 5002 because, for among other reasons, if enacted this bill will lead to a worker comp system staffed by magistrates without the necessary experience. It will modify the definition of wages so that injured workers could be penalized based on imaginary wages they could have earned; and it will allow the government to dictate to injured workers the medical providers they must seek treatment from.

Therefore, I voted ‘no’ on House Bill 5002. I also voted ‘no’ on granting Immediate Effect to House Bill 5002.”

Reps. Talabi and Hovey-Wright, having reserved the right to explain their protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

No Vote Explanation for House Bill 5002

Therefore, I voted ‘no’ on House Bill 5002. I also voted ‘no’ on granting Immediate Effect to House Bill 5002.”

Rep. Brown, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted no on House Bill 5002 because injured workers will experience a significant reduction in wage loss benefits and it will allow the government to dictate to injured workers the medical providers from which they may seek treatment.

Therefore, I voted ‘no’ on House Bill 5002. I also voted ‘no’ on granting Immediate Effect to House Bill 5002.”

Rep. Irwin, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Therefore, I voted ‘no’ on House Bill 5002. I also voted ‘no’ on granting Immediate Effect to House Bill 5002.”

Senate Bill No. 291, 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.

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

Roll Call No. 446 Yeas—69

Agema Genetski Kurtz Outman

Ananich Glardon Lane Pettalia

Bolger Goike LeBlanc Rendon

Bumstead Haines Liss Santana

Byrum Hammel Lund Schmidt, R.

Cavanagh Haugh Lyons Scott

Clemente Heise MacGregor Shaughnessy

Constan Hobbs MacMaster Shirkey

Cotter Horn McBroom Smiley

Crawford Howze McMillin Somerville

Damrow Huuki Muxlow Stamas

Denby Jackson Nathan Stapleton

Dillon Jacobsen Nesbitt Switalski

Farrington Jenkins O’Brien Tyler

Forlini Johnson Oakes Walsh

Foster Kandrevas Olson Yonker

Franz Kowall Opsommer Zorn

Geiss

Nays—39

Barnett Haveman McCann Rutledge

Bauer Hooker Meadows Schmidt, W.

Bledsoe Hovey-Wright Moss Segal

Brown Hughes Olumba Slavens

Brunner Irwin Ouimet Stanley

Callton Knollenberg Poleski Talabi

Daley LaFontaine Potvin Tlaib

Darany Lindberg Price Townsend

Durhal Lipton Pscholka Womack

Gilbert Lori Rogers

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 registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”

The House agreed to the full title.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Poleski, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Many motorcyclists have contacted me and have urged a Yes vote on the grounds that individual freedom and tourism possibilities require it. I have also been contacted by a number of health professionals who argue, convincingly to my mind, that elimination of the helmet requirement would cause more horrendous injuries than occur currently.

I have also spoken to many people who are neither motorcyclists nor health professionals. They advise, again convincingly, that the common sense approach is to wear a helmet, and they counsel not to abandon such a wise requirement.

Additional rationale:

I think that to eliminate the helmet requirement is to throw one more variable into the auto insurance reform discussion currently underway in the House. Since motorcyclists who have accidents with autos draw medical coverage from the auto’s insurer, I think it unwise to make the helmet change at this stage.

In discussions with insurance professionals, it is noted that the motorcyclist draws against the auto’s insurer for one simple reason: To write a policy that properly accounts for the risk of injury to a motorcyclist would be prohibitively expensive. This is a very compelling point for me. It tells me that motorcyclists are disproportionately favored in our insurance system in Michigan. To wear a helmet is a reasonable request in exchange for such favor.

Motorcyclists argue that they pay into the MCCA, and so are covering some medical risk. Understood and agreed. However, in my layman’s view, I estimate that the amount charged does not approach the amount necessary to offset the risks taken.

I note that the helmet repeal proposal would require the motorcyclist to carry $20,000 in coverage, presumably to be used in the event of an accident not involving an auto. That amount of coverage is woefully inadequate when the risk is considered, and I wonder what will occur when this very small coverage is exhausted in the case of such an accident.

As to the tourism argument, I submit that Michigan is a beautiful and compelling attraction regardless of whether a motorcyclist may wear a helmet.

Thank you, Mr. Speaker, for the opportunity to explain my No vote on SB 291.”

Second Reading of Bills

Senate Bill No. 427, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 4, 5, and 614 (MCL 380.4, 380.5, and 380.614), section 4 as amended by 2008 PA 1, section 5 as amended by 2009 PA 205, and section 614 as amended by 2004 PA 419.

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. 4701, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending sections 1b, 20, 27, 35, 38, 47, 48, 49, 50, 55, 64, 65, 67a, 68, and 68c (MCL 38.1b, 38.20, 38.27, 38.35, 38.38, 38.47, 38.48, 38.49, 38.50, 38.55, 38.64, 38.65, 38.67a, 38.68, and 38.68c), sections 1b, 20, and 48 as amended by 2002 PA 93, sections 27 and 67a as amended by 2004 PA 109, section 35 as added and sections 38, 68, and 68c as amended by 2010 PA 185, section 47 as amended by 2002 PA 743, section 49 as amended by 2008 PA 353, sections 50 and 65 as added by 1996 PA 487, section 55 as amended by 2010 PA 256, and section 64 as amended by 2004 PA 33, and by adding sections 20j, 35a, 50a, 68b, and 68e.

Was read a second time, and the question being on the adoption of the proposed substitute (H-6) previously recommended by the Committee on Appropriations,

The substitute (H-6) was adopted, a majority of the members serving voting therefor.

Rep. McCann moved to amend the bill as follows:

1. Amend page 49, line 21, after “ACCOUNT” by striking out the balance of the subsection and inserting a period.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Lindberg moved to amend the bill as follows:

1. Amend page 3, line 6, after “FOR” by inserting “NONMANDATORY OVERTIME”.

The question being on the adoption of the amendment offered by Rep. Lindberg,

Rep. Lindberg demanded the yeas and nays.

The demand was not supported.

The question being on the adoption of the amendment offered by Rep. Lindberg,

The amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Dillon moved to amend the bill as follows:

1. Amend page 52, following line 2, by inserting:

“(13) NOTWITHSTANDING ANY PROVISION OF THIS ACT TO THE CONTRARY, A FORMER QUALIFIED PARTICIPANT OR HIS OR HER BENEFICIARY AND HIS OR HER DEPENDENTS WHO ARE NOT ELIGIBLE TO RECEIVE HEALTH INSURANCE COVERAGE UNDER THIS ACT MAY PARTICIPATE AT HIS OR HER OWN COST IN HOSPITALIZATION AND MEDICAL COVERAGE UNDER ANY GROUP HEALTH PLAN AUTHORIZED BY THE MICHIGAN CIVIL SERVICE COMMISSION IN THE MANNER PRESCRIBED BY THE RETIREMENT SYSTEM.”.

The question being on the adoption of the amendment offered by Rep. Dillon,

Rep. Dillon demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Dillon,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 447 Yeas—46

Ananich Durhal LeBlanc Schmidt, R.

Barnett Geiss Lindberg Segal

Bauer Hammel Lipton Slavens

Bledsoe Haugh Liss Smiley

Brown Hobbs McCann Stanley

Brunner Hovey-Wright Meadows Stapleton

Byrum Howze Nathan Switalski

Cavanagh Hughes Oakes Talabi

Clemente Irwin Olumba Tlaib

Constan Jackson Rutledge Townsend

Darany Kandrevas Santana Womack

Dillon Lane

Nays—62

Agema Goike Lyons Potvin

Bolger Haines MacGregor Price

Bumstead Haveman MacMaster Pscholka

Callton Heise McBroom Rendon

Cotter Hooker McMillin Rogers

Crawford Horn Moss Schmidt, W.

Daley Huuki Muxlow Scott

Damrow Jacobsen Nesbitt Shaughnessy

Denby Jenkins O’Brien Shirkey

Farrington Johnson Olson Somerville

Forlini Knollenberg Opsommer Stamas

Foster Kowall Ouimet Tyler

Franz Kurtz Outman Walsh

Genetski LaFontaine Pettalia Yonker

Gilbert Lori Poleski Zorn

Glardon Lund

In The Chair: Walsh

Rep. Bauer moved to amend the bill as follows:

1. Amend page 46, line 15, after “ACCOUNT.” by inserting “THIS STATE GUARANTEES THAT A QUALIFIED PARTICIPANT WHO MAKES A CONTRIBUTION UNDER THIS SUBSECTION TO A TAX-DEFERRED ACCOUNT SHALL RETAIN AT TERMINATION 100% OF THE PRINCIPAL AMOUNT CONTRIBUTED IN THAT TAX-DEFERRED ACCOUNT.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Segal moved to amend the bill as follows:

1. Amend page 54, line 15, by striking out all of section 68E.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Barnett moved to amend the bill as follows:

1. Amend page 55, following line 5, by inserting:

“SEC. 68F. THIS ACT DOES NOT APPLY TO AN EMPLOYEE OF THIS STATE IF THE EMPLOYEE IS A PUBLIC TRANSIT WORKER OR ADMINISTRATOR AND THE STATE RECEIVES FEDERAL FUNDS FOR THAT PUBLIC TRANSIT WORKER OR ADMINISTRATOR.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Durhal moved to substitute (H-3) the bill.

The motion did not prevail and the substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

Rep. Rogers moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4702, entitled

A bill to amend 2010 PA 77, entitled “Public employee retirement health care funding act,” by amending the title and sections 1, 2, 3, 4, 8, 10, 11, and 14 (MCL 38.2731, 38.2732, 38.2733, 38.2734, 38.2738, 38.2740, 38.2741, and 38.2744) and by adding sections 2a, 2b, and 10a.

The bill was read a second time.

Rep. Moss moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

______

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 that the following bills had been printed and placed upon the files of the members on Wednesday, November 2:

House Bill Nos. 5136 5137 5138 5139 5140 5141 5142

The Clerk announced that the following Senate bills had been received on Wednesday, November 2:

Senate Bill Nos. 35 137 454 455 457 459 461 464 465 466 467 468

Reports of Standing Committees

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

Senate Bill No. 271, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 45 (MCL 24.245), as amended by 2004 PA 491.

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

Nays: None

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

Senate Bill No. 272, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 32, 40, 43, 61, and 64 (MCL 24.232, 24.240, 24.243, 24.261, and 24.264), section 40 as amended by 1999 PA 262, section 43 as amended by 1989 PA 288, and section 61 as amended by 1982 PA 413.

With the recommendation that the substitute (H-3) 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. Crawford, Yonker, Opsommer, Daley, McMillin, Stamas, Shirkey, Franz, McBroom, Rendon, Haugh, Byrum, Slavens, Womack and Rutledge

Nays: None

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

Senate Bill No. 273, entitled

A bill to amend 1984 PA 27, entitled “An act to provide immunity from civil action to members of the legislature of this state for acts done pursuant to duty as legislators; to prohibit members of the legislature of this state from being made parties to contested cases or other administrative proceedings for acts done pursuant to duty as legislators; and to provide for certain exemptions from subpoenas,” by amending section 2 (MCL 4.552).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 274, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 35 and 45a (MCL 24.235 and 24.245a), section 35 as amended by 1995 PA 178 and section 45a as amended by 2004 PA 491.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 275, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1303, 1305, 1307, and 1311 (MCL 324.1303, 324.1305, 324.1307, and 324.1311), as added by 2004 PA 325.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 276, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 3, 39, and 122 (MCL 24.203, 24.239, and 24.322), section 3 as amended by 1988 PA 277, section 39 as amended by 2004 PA 23, and section 122 as added by 1984 PA 196, and by adding section 45b.

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

Nays: None

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

Senate Bill No. 277, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 27.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 2, 2011

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

The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported

Senate Bill No. 556, entitled

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

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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente, Townsend and Olumba

Nays: Rep. Somerville

The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported

Senate Bill No. 566, entitled

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

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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente, Townsend and Olumba

Nays: Rep. Somerville

The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported

Senate Bill No. 567, entitled

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

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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Zorn, Switalski, Bledsoe, Barnett, Clemente and Townsend

Nays: Rep. Somerville

The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported

Senate Bill No. 568, entitled

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

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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Zorn, Switalski, Bledsoe, Barnett, Clemente, Townsend and Olumba

Nays: Rep. Somerville

The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported

Senate Bill No. 644, entitled

A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 8 (MCL 12.258), as amended by 2009 PA 183.

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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente, Townsend and Olumba

Nays: Rep. Somerville

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Wayne Schmidt, Chair, of the Committee on Commerce, was received and read:

Meeting held on: Wednesday, November 2, 2011

Present: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente, Townsend and Olumba

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 2, 2011

Present: Reps. Scott, Hooker, Crawford, McMillin, Franz, Heise, Hughes, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Brown, Darany, Howze, Hobbs, Rutledge and Geiss

Absent: Rep. Stallworth

Excused: Rep. Stallworth

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 2, 2011

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

Absent: Reps. Oakes, Talabi and Segal

Excused: Reps. Oakes, Talabi and Segal

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Knollenberg, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Wednesday, November 2, 2011

Present: Reps. Knollenberg, Lyons, Farrington, Foster, Huuki, Olson, Pettalia, Womack, Switalski, Clemente and Stanley

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Gilbert, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, November 2, 2011

Present: Reps. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Constan, Barnett, Kandrevas, Meadows, Cavanagh and Hobbs

Absent: Rep. Townsend

Excused: Rep. Townsend

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 2, 2011

Present: Reps. Opsommer, Glardon, Daley, Wayne Schmidt, Huuki, Jacobsen, Muxlow, Olson, Ouimet, Somerville, Geiss, Talabi, Nathan, Liss, Byrum, Smiley and Roy Schmidt

Messages from the Senate

House Bill No. 4309, entitled

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

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

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

“(4) ~~(3) An authority may bargain collectively and enter into agreements with labor organizations pursuant to Act~~ ~~No.~~ ~~336 of the Public Acts of 1947, being sections 423.201 to 423.216 of the Michigan Compiled Laws. When the~~ ~~duties of a municipal emergency service are transferred to an authority, the authority immediately shall assume and be~~ ~~bound by any existing labor agreements applicable to that municipal service for the remainder of the term of the labor~~ ~~agreement. Subject to the provision of subsection (2), the members and beneficiaries of any pension or retirement system~~ ~~or other benefits established by a municipal emergency service which is transferred to an authority shall have the same~~ ~~rights, privileges, benefits, obligations, and status with respect to the comparable systems established by the authority.~~ ~~A representative of the employees or any group of employees in a municipal emergency service who represent or are~~ ~~entitled to represent the employees or a group of employees of the municipal service , pursuant to Act No.~~ ~~336 of the~~ ~~Public Acts of 1947, shall continue to represent the employee or group of employees after the employees are transferred~~ ~~to an authority’s emergency service. This subsection does not limit the rights of employees, pursuant to applicable law,~~ ~~to assert that a bargaining representative protected by this subsection is no longer their representative.~~ AN AUTHORITY IS EFFECTIVE THROUGH ITS ARTICLES OF INCORPORATION AT LEAST 180 DAYS BEFORE THE ACTUAL TRANSFER OF PERSONNEL AND EQUIPMENT. BEFORE THE AUTHORITY’S EFFECTIVE DATE, THE INCORPORATING MUNICIPALITIES SHALL AFFIRM IN WRITING TO THE AUTHORITY THOSE EMPLOYEES WHO WILL BE TRANSFERRED TO THE AUTHORITY.

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

(6) SUBJECT TO SUBSECTION (7), A REPRESENTATIVE OF THE EMPLOYEES OR GROUP OF EMPLOYEES IN A MUNICIPAL EMERGENCY SERVICE WHO PREVIOUSLY REPRESENTED OR WAS ENTITLED TO REPRESENT THE EMPLOYEES OR GROUP OF EMPLOYEES IN A MUNICIPAL EMERGENCY SERVICE UNDER 1947 PA 336, MCL 423.201 TO 423.217, SHALL CONTINUE TO REPRESENT THE EMPLOYEES OR GROUP OF EMPLOYEES AFTER THOSE EMPLOYEES OR GROUP OF EMPLOYEES ARE TRANSFERRED TO THE AUTHORITY’S EMERGENCY SERVICE.

(7) THIS SECTION DOES NOT LIMIT THE RIGHTS OF EMPLOYEES, UNDER APPLICABLE LAW, TO ASSERT THAT A BARGAINING REPRESENTATIVE PROTECTED BY SUBSECTION (6) IS NO LONGER THEIR REPRESENTATIVE. THE EMPLOYEES OF THE AUTHORITY ARE ELIGIBLE AS OF THE DAY THE AUTHORITY BECOMES EFFECTIVE THROUGH ITS ARTICLES OF INCORPORATION TO CHOOSE THEIR REPRESENTATIVE UNDER 1947 PA 336, MCL 423.201 TO 423.217. THIS SUBSECTION DOES NOT EXTEND THE TIME LIMITS AS PROVIDED IN SUBSECTION (4).

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

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

(10) NOTHING IN THIS SECTION REQUIRES A MUNICIPALITY OR AN AUTHORITY TO ASSUME A COLLECTIVE BARGAINING AGREEMENT BETWEEN ANOTHER MUNICIPALITY AND ITS EMPLOYEES.” and renumbering the remaining subsection.

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

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 4311, entitled

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

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

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

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

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

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

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

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

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

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

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

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 4312, entitled

A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” by amending section 5 (MCL 124.505), as amended by 1985 PA 10.

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

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

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

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

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

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

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

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

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

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

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 35, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 719 and 721 (MCL 257.719 and 257.721), section 719 as amended by 2009 PA 37 and section 721 as amended by 2000 PA 154.