No. 14
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2012
House Chamber, Lansing, Tuesday, February 14, 2012.
1:30 p.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Genetski—present LeBlanc—present Price—present
Ananich—present Gilbert—present Lindberg—present Pscholka—present
Barnett—present Glardon—present Lipton—present Rendon—present
Bauer—present Goike—present Liss—present Rogers—present
Bledsoe—present Haines—present Lori—present Rutledge—present
Bolger—present Hammel—present Lund—present Santana—present
Brown—present Haugh—present Lyons—present Schmidt, R.—present
Brunner—present Haveman—present MacGregor—present Schmidt, W.—present
Bumstead—present Heise—present MacMaster—present Segal—present
Byrum—present Hobbs—present McBroom—present Shaughnessy—present
Callton—present Hooker—present McCann—present Shirkey—present
Cavanagh—present Horn—present McMillin—present Slavens—present
Clemente—present Hovey-Wright—present Meadows—present Smiley—present
Constan—present Howze—present Moss—present Somerville—present
Cotter—present Hughes—present Muxlow—present Stallworth—present
Crawford—present Huuki—present Nathan—present Stamas—present
Daley—present Irwin—present Nesbitt—present Stanley—present
Damrow—present Jackson—present O’Brien—present Stapleton—present
Darany—present Jacobsen—present Oakes—present Switalski—present
Denby—present Jenkins—present Olson—present Talabi—present
Dillon—present Johnson—present Olumba—present Tlaib—present
Durhal—present Kandrevas—present Opsommer—present Townsend—present
Farrington—present Knollenberg—present Ouimet—present Tyler—present
Forlini—present Kowall—present Outman—present Walsh—present
Foster—present Kurtz—present Pettalia—present Womack—present
Franz—present LaFontaine—present Poleski—present Yonker—present
Geiss—present Lane—present Potvin—present Zorn—present
e/d/s = entered during session
Rev. John D. Hearn, Jr., Pastor of Christian Faith Ministries in Garden City, offered the following invocation:
“O Lord God, Maker and Ruler over all things, we humble ourselves before Your presence this afternoon.
Please hear this prayer as You have heard our prayers over the years.
As we come before You in the name of Jesus the Christ Who is Lord.
Please receive us and for our sins sake, do not turn us away.
We thank You dear Lord for that You do, and for simply Who You are.
You have blessed this Great state of Michigan in many ways, and for all of these things, we offer You both thanksgiving and praise.
Now we ask Lord that You bless this body of men and women that represent part of the governing body of this State.
Bless the members of this body both individually and collectively with Your wisdom with Your courage and with Your compassion.
Bless them to lead well, with a vision for all of the citizens and for the best welfare of the entire state of Michigan.
Protect them we pray and protect their families at all times from anyone that would seek there harm.
Protect them to serve well in all matters of concern; I pray this prayer for them and over them in Jesus name.
Amen.”
______
The Speaker called Associate Speaker Pro Tempore O’Brien to the Chair.
Messages from the Senate
The Speaker laid before the House
House Bill No. 5071, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8149 and 8151 (MCL 600.8149 and 600.8151), section 8151 as amended by 2000 PA 38.
(The bill was received from the Senate on February 7, with an amendment, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 8, see House Journal No. 11, p. 142.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 45 Yeas—85
Agema Franz LeBlanc Poleski
Ananich Genetski Liss Potvin
Barnett Gilbert Lori Price
Bauer Glardon Lund Pscholka
Bolger Goike Lyons Rendon
Brown Haines MacGregor Rogers
Brunner Haveman MacMaster Rutledge
Bumstead Heise McBroom Schmidt, R.
Byrum Hooker McCann Schmidt, W.
Callton Horn McMillin Shaughnessy
Cavanagh Hovey-Wright Meadows Shirkey
Clemente Hughes Moss Slavens
Constan Huuki Muxlow Somerville
Cotter Irwin Nesbitt Stamas
Crawford Jacobsen O’Brien Stapleton
Daley Jenkins Oakes Switalski
Damrow Johnson Olson Tlaib
Denby Knollenberg Opsommer Tyler
Dillon Kowall Ouimet Walsh
Farrington Kurtz Outman Yonker
Forlini LaFontaine Pettalia Zorn
Foster
Nays—23
Bledsoe Hobbs Lipton Stallworth
Darany Howze Nathan Stanley
Durhal Jackson Olumba Talabi
Geiss Kandrevas Santana Townsend
Hammel Lane Segal Womack
Haugh Lindberg Smiley
In The Chair: O’Brien
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5072, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8158, 8162, and 8163 (MCL 600.8158, 600.8162, and 600.8163).
(The bill was received from the Senate on February 7, with an amendment, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 8, see House Journal No. 11, p. 142.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 46 Yeas—99
Agema Geiss Lane Poleski
Ananich Genetski LeBlanc Potvin
Barnett Gilbert Lindberg Price
Bauer Glardon Lipton Pscholka
Bledsoe Goike Liss Rendon
Bolger Haines Lori Rogers
Brown Hammel Lund Rutledge
Brunner Haveman Lyons Schmidt, R.
Bumstead Heise MacGregor Schmidt, W.
Byrum Hobbs MacMaster Segal
Callton Hooker McBroom Shaughnessy
Cavanagh Horn McCann Shirkey
Clemente Hovey-Wright McMillin Slavens
Constan Howze Meadows Smiley
Cotter Hughes Moss Somerville
Crawford Huuki Muxlow Stamas
Daley Irwin Nathan Stapleton
Damrow Jacobsen Nesbitt Switalski
Darany Jenkins O’Brien Tlaib
Denby Johnson Oakes Townsend
Dillon Kandrevas Olson Tyler
Farrington Knollenberg Opsommer Walsh
Forlini Kowall Ouimet Yonker
Foster Kurtz Outman Zorn
Franz LaFontaine Pettalia
Nays—9
Durhal Olumba Stallworth Talabi
Haugh Santana Stanley Womack
Jackson
In The Chair: O’Brien
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5101, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 524, 8146, 8147, and 8148 (MCL 600.524, 600.8146, 600.8147, and 600.8148), as amended by 2002 PA 92.
(The bill was received from the Senate on February 7, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 8, see House Journal No. 11, p. 142.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 47 Yeas—96
Agema Franz Lane Pettalia
Ananich Genetski LeBlanc Poleski
Barnett Gilbert Lindberg Potvin
Bauer Glardon Lipton Price
Bledsoe Goike Liss Pscholka
Bolger Haines Lori Rendon
Brown Haveman Lund Rogers
Brunner Heise Lyons Rutledge
Bumstead Hobbs MacGregor Schmidt, R.
Byrum Hooker MacMaster Schmidt, W.
Callton Horn McBroom Segal
Cavanagh Hovey-Wright McCann Shaughnessy
Clemente Hughes McMillin Shirkey
Constan Huuki Meadows Slavens
Cotter Irwin Moss Somerville
Crawford Jackson Muxlow Stamas
Daley Jacobsen Nathan Stapleton
Damrow Jenkins Nesbitt Switalski
Darany Johnson O’Brien Tlaib
Denby Kandrevas Oakes Townsend
Dillon Knollenberg Olson Tyler
Farrington Kowall Opsommer Walsh
Forlini Kurtz Ouimet Yonker
Foster LaFontaine Outman Zorn
Nays—12
Durhal Haugh Santana Stanley
Geiss Howze Smiley Talabi
Hammel Olumba Stallworth Womack
In The Chair: O’Brien
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5102, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 525 and 549d (MCL 600.525 and 600.549d).
(The bill was received from the Senate on February 7, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 8, see House Journal No. 11, p. 142.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 48 Yeas—87
Agema Forlini Lane Price
Ananich Foster LeBlanc Pscholka
Barnett Franz Lipton Rendon
Bauer Genetski Liss Rogers
Bledsoe Glardon Lund Rutledge
Bolger Haines Lyons Schmidt, R.
Brown Haveman MacGregor Schmidt, W.
Brunner Heise MacMaster Segal
Bumstead Hobbs McBroom Shaughnessy
Byrum Hooker McCann Shirkey
Callton Horn McMillin Slavens
Cavanagh Hovey-Wright Meadows Somerville
Clemente Hughes Moss Stamas
Constan Huuki Nathan Stapleton
Cotter Irwin Nesbitt Switalski
Crawford Jacobsen O’Brien Tlaib
Daley Jenkins Oakes Townsend
Damrow Johnson Olson Tyler
Darany Kandrevas Opsommer Walsh
Denby Knollenberg Ouimet Yonker
Dillon Kowall Pettalia Zorn
Farrington Kurtz Poleski
Nays—21
Durhal Howze Muxlow Smiley
Geiss Jackson Olumba Stallworth
Gilbert LaFontaine Outman Stanley
Goike Lindberg Potvin Talabi
Hammel Lori Santana Womack
Haugh
In The Chair: O’Brien
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5104, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 519 and 8139 (MCL 600.519 and 600.8139).
(The bill was received from the Senate on February 7, with an amendment, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 8, see House Journal No. 11, p. 143.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 49 Yeas—90
Agema Genetski Liss Potvin
Ananich Gilbert Lori Price
Barnett Glardon Lund Pscholka
Bauer Goike Lyons Rendon
Bledsoe Haines MacGregor Rogers
Bolger Haveman MacMaster Rutledge
Brown Heise McBroom Schmidt, R.
Bumstead Hobbs McCann Schmidt, W.
Callton Hooker McMillin Segal
Cavanagh Horn Meadows Shaughnessy
Clemente Hughes Moss Shirkey
Constan Huuki Muxlow Slavens
Cotter Irwin Nathan Somerville
Crawford Jacobsen Nesbitt Stamas
Daley Jenkins O’Brien Stapleton
Damrow Johnson Oakes Switalski
Darany Knollenberg Olson Tlaib
Denby Kowall Opsommer Townsend
Dillon Kurtz Ouimet Tyler
Farrington LaFontaine Outman Walsh
Forlini Lane Pettalia Yonker
Foster LeBlanc Poleski Zorn
Franz Lipton
Nays—18
Brunner Haugh Lindberg Stallworth
Byrum Hovey-Wright Olumba Stanley
Durhal Howze Santana Talabi
Geiss Jackson Smiley Womack
Hammel Kandrevas
In The Chair: O’Brien
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5103, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8121 and 8123 (MCL 600.8121 and 600.8123), section 8121 as amended by 2001 PA 258 and section 8123 as amended by 2000 PA 448.
(The bill was received from the Senate on February 8, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 9, see House Journal No. 12, p. 156.)
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
Rep. Brown moved to amend the Senate substitute (S-3) as follows:
1. Amend page 7, line 6, after “has” by striking out the balance of the line through “HAS” on line 8.
2. Amend page 7, line 9, by striking out all of subdivision (B).
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 50 Yeas—86
Ananich Gilbert Liss Potvin
Barnett Glardon Lori Price
Bauer Goike Lund Pscholka
Bledsoe Haines Lyons Rendon
Bolger Haveman MacGregor Rogers
Brunner Heise MacMaster Rutledge
Bumstead Hooker McBroom Schmidt, R.
Byrum Horn McCann Schmidt, W.
Callton Hovey-Wright McMillin Segal
Cavanagh Hughes Meadows Shaughnessy
Constan Huuki Moss Shirkey
Cotter Irwin Muxlow Slavens
Crawford Jacobsen Nathan Somerville
Daley Jenkins O’Brien Stamas
Damrow Johnson Oakes Stapleton
Denby Knollenberg Olson Switalski
Dillon Kowall Opsommer Townsend
Farrington Kurtz Ouimet Tyler
Forlini LaFontaine Outman Walsh
Foster Lane Pettalia Yonker
Franz LeBlanc Poleski Zorn
Genetski Lipton
Nays—22
Agema Hammel Lindberg Stallworth
Brown Haugh Nesbitt Stanley
Clemente Hobbs Olumba Talabi
Darany Howze Santana Tlaib
Durhal Jackson Smiley Womack
Geiss Kandrevas
In The Chair: O’Brien
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. 525, 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 section 5l (MCL 28.425l), as amended by 2008 PA 406.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 51 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 Segal
Byrum Hobbs McBroom Shaughnessy
Callton Hooker McCann Shirkey
Cavanagh Horn McMillin Slavens
Clemente Hovey-Wright Meadows Smiley
Constan Howze Moss Somerville
Cotter Hughes Muxlow Stallworth
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: O’Brien
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5332, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 680 and 691 (MCL 206.680 and 206.691), as added by 2011 PA 38.
The bill was read a second time.
Rep. Haveman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5130, entitled
A bill to amend 2000 PA 92, entitled “Food law of 2000,” by amending sections 1105, 1107, 1109, 1111, 2119, 2125, 2129, 3103, 3105, 3125, 3127, 3133, 4102, 4103, 4105, 4111, 4117, 4123, 4125, 4127, 4129, 5101, 6101, 6107, 6135, 7101, 7113, 7133, 7137, and 8107 (MCL 289.1105, 289.1107, 289.1109, 289.1111, 289.2119, 289.2125, 289.2129, 289.3103, 289.3105, 289.3125, 289.3127, 289.3133, 289.4102, 289.4103, 289.4105, 289.4111, 289.4117, 289.4123, 289.4125, 289.4127, 289.4129, 289.5101, 289.6101, 289.6107, 289.6135, 289.7101, 289.7113, 289.7133, 289.7137, and 289.8107), section 1105 as amended by 2010 PA 113, section 1107 as amended by 2008 PA 338, sections 1109, 2119, 2125, 2129, 3103, 3125, 3127, and 4103 as amended by 2007 PA 113, section 4102 as added by 2010 PA 112, section 4105 as amended by 2010 PA 145, sections 4111, 4117, 4125, 5101, 6101, 7113, 7137, and 8107 as amended by 2007 PA 114, and section 7101 as amended by 2002 PA 487, and by adding sections 2132, 4114, 7104, 7112, and 7114; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Agriculture,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Denby 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 the enrollment printing and presentation to the Governor on Thursday, February 9, for his approval of the following bills:
Enrolled House Bill No. 5073 at 2:24 p.m.
Enrolled House Bill No. 5074 at 2:26 p.m.
Enrolled House Bill No. 5075 at 2:28 p.m.
Enrolled House Bill No. 5093 at 2:30 p.m.
Enrolled House Bill No. 5094 at 2:32 p.m.
Enrolled House Bill No. 5095 at 2:34 p.m.
Enrolled House Bill No. 5106 at 2:36 p.m.
Enrolled House Bill No. 5107 at 2:38 p.m.
Enrolled House Bill No. 5125 at 2:40 p.m.
Enrolled House Bill No. 5126 at 2:42 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, February 9:
House Bill Nos. 5371 5372 5373 5374 5375 5376 5377 5378 5379 5380 5381 5382 5383 5384
5385 5386 5387 5388 5389
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, February 10:
House Bill Nos. 5390 5391 5392 5393
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, February 14, for his approval of the following bills:
Enrolled House Bill No. 4074 at 1:32 p.m.
Enrolled House Bill No. 4075 at 1:34 p.m.
Enrolled House Bill No. 4076 at 1:36 p.m.
Enrolled House Bill No. 4077 at 1:38 p.m.
Enrolled House Bill No. 5136 at 1:40 p.m.
The Clerk announced that the following Senate bills had been received on Tuesday, February 14:
Senate Bill Nos. 634 750 751 752 753 754 803 823 824 825
Reports of Standing Committees
The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported
House Bill No. 4798, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2005 PA 171.
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. Kurtz, O’Brien, Haines, Heise, Hooker and Rendon
Nays: Reps. Slavens and Stapleton
The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported
House Bill No. 4799, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 213a.
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. Kurtz, O’Brien, Haines, Heise, Hooker and Rendon
Nays: Reps. Slavens and Stapleton
The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported
House Bill No. 5033, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding sections 10c and 57v.
With the recommendation that the substitute (H-4) 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. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon and Lane
Nays: None
The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported
House Bill No. 5134, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17515 (MCL 333.17515), as added by 1993 PA 133 and by adding section 17015a.
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. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon and Lane
Nays: Reps. Slavens and Stapleton
The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported
House Bill No. 5181, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2977.
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. Kurtz, O’Brien, Haines, Heise, Hooker and Rendon
Nays: Reps. Slavens and Stapleton
The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported
House Bill No. 5182, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17015 (MCL 333.17015), as amended by 2006 PA 77.
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. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon and Lane
Nays: Reps. Slavens and Stapleton
The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported
House Concurrent Resolution No. 11.
A concurrent resolution to memorialize Congress to adopt and present to the states for ratification an amendment to the Constitution of the United States to establish fundamental parental rights.
(For text of concurrent resolution, see House Journal No. 39 of 2011, p. 576.)
With the recommendation that the concurrent resolution be adopted.
Favorable Roll Call
To Report Out:
Yeas: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Lane and Stapleton
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kurtz, Chair, of the Committee on Families, Children, and Seniors, was received and read:
Meeting held on: Tuesday, February 14, 2012
Present: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens, Lane and Stapleton
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
House Bill No. 4302, entitled
A bill to amend 2006 PA 379, entitled “Qualified forest property recapture tax act,” by amending section 4 (MCL 211.1034).
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. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson and Pettalia
Nays: None
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
House Bill No. 4969, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 51102, 51103, 51108, and 51115 (MCL 324.51102, 324.51103, 324.51108, and 324.51115), sections 51102 and 51115 as added by 1995 PA 57, section 51103 as amended by 2006 PA 383, and section 51108 as amended by 2008 PA 299, and by adding part 514.
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. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Stapleton and Bledsoe
Nays: None
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
House Bill No. 4970, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7dd, 7jj, and 27a (MCL 211.7dd, 211.7jj[1], and 211.27a), section 7dd as amended by 2010 PA 17, section 7jj as added by 2006 PA 378, and section 27a as amended by 2008 PA 506.
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. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Stapleton, Bledsoe and Slavens
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Foster, Chair, of the Committee on Natural Resources, Tourism, and Outdoor Recreation, was received and read:
Meeting held on: Tuesday, February 14, 2012
Present: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Stapleton, Bledsoe and Slavens
Absent: Rep. Haugh
Excused: Rep. Haugh
The Committee on Oversight, Reform, and Ethics, by Rep. McMillin, Chair, reported
House Bill No. 5158, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 470.
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. McMillin, Jacobsen, Denby, Price, Bledsoe and Brown
Nays: None
The Committee on Oversight, Reform, and Ethics, by Rep. McMillin, Chair, reported
House Bill No. 5335, entitled
A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278.
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. McMillin, Jacobsen, Denby, Price and Bledsoe
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. McMillin, Chair, of the Committee on Oversight, Reform, and Ethics, was received and read:
Meeting held on: Tuesday, February 14, 2012
Present: Reps. McMillin, Jacobsen, Denby, Price, Bledsoe and Brown
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lund, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, February 9, 2012
Present: Reps. Lund, Shaughnessy, Opsommer, Denby, Callton, Glardon, Johnson, LaFontaine, Lyons, Yonker, Kandrevas, Roy Schmidt, Segal, Hovey-Wright, Howze and Geiss
Absent: Rep. O’Brien
Excused: Rep. O’Brien
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Moss, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, February 9, 2012
Present: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Durhal, Jackson, Lipton, McCann and Tlaib
Absent: Reps. Jenkins and Lindberg
Excused: Reps. Jenkins and Lindberg
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Horn, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Tuesday, February 14, 2012
Present: Reps. Horn, Shirkey, Opsommer, Haveman, Kowall, Franz, Jacobsen, McBroom, Nesbitt, Outman, Price, Zorn, Roy Schmidt, Santana, Irwin, Brunner, Stallworth, Cavanagh, Smiley and Switalski
Absent: Rep. Crawford
Excused: Rep. Crawford
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wayne Schmidt, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, February 14, 2012
Present: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Barnett, Clemente and Townsend
Absent: Reps. Haugh and Olumba
Excused: Reps. Haugh and Olumba
Messages from the Senate
House Bill No. 5085, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 408.477), as amended by 1995 PA 278.
The Senate has amended the bill as follows:
1. Amend page 2, line 9, after “OR” by inserting “A CONTRIBUTION OR ANY PAYMENT”.
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 5086, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 4, 6, 11, 15, and 57 (MCL 169.204, 169.206, 169.211, 169.215, and 169.257), section 4 as amended by 1989 PA 95, section 6 as amended by 2003 PA 69, section 11 as amended by 1996 PA 590, and sections 15 and 57 as amended by 2001 PA 250.
The Senate has amended the bill as follows:
1. Amend page 2, line 11, after “liable.” by inserting “EXCEPT FOR THE PURPOSES OF SECTION 57,”.
2. Amend page 2, line 13, after “COMMITTEE” by striking out the balance of the subsection and inserting a period.
3. Amend page 5, following line 10, by inserting:
“(I) EXCEPT FOR THE PURPOSES OF SECTION 57, AN EXPENDITURE TO OR FOR A FEDERAL CANDIDATE OR A FEDERAL COMMITTEE.”.
4. Amend page 14, line 24, after the first “TO” by inserting a comma and “OR MAKE AN EXPENDITURE FOR,”.
5. Amend page 15, line 24, after “TO” by inserting a comma and “OR MAKE AN EXPENDITURE FOR,”.
6. Amend page 15, line 24, after “SECTION,” by inserting “OR IF THE SECRETARY OF STATE ENTERS INTO A CONCILIATION AGREEMENT UNDER SECTION 15(10) THAT DOES NOT PREVENT A PUBLIC BODY OR A PERSON ACTING FOR A PUBLIC BODY TO USE OR AUTHORIZE THE USE OF PUBLIC RESOURCES TO ESTABLISH OR ADMINISTER A PAYROLL DEDUCTION PLAN TO COLLECT OR DELIVER A CONTRIBUTION TO, OR MAKE AN EXPENDITURE FOR, A COMMITTEE IN VIOLATION OF THIS SECTION,”.
7. Amend page 16, line 6, after “PERSON” by inserting “WHO RESIDES, OR HAS A PLACE OF BUSINESS, IN THE JURISDICTION WHERE THE USE OR AUTHORIZATION OF THE USE OF PUBLIC RESOURCES OCCURRED”.
8. Amend page 16, line 7, after “ACTION” by striking out “THAT THE COMPLAINANT OR ANY OTHER PERSON”.
9. Amend page 16, line 12, after “THAT” by striking out “SO”.
10. Amend page 16, line 14, after “PERSON” by inserting “WHO RESIDES, OR HAS A PLACE OF BUSINESS, IN THE JURISDICTION WHERE THE USE OR AUTHORIZATION OF THE USE OF PUBLIC RESOURCES OCCURRED”.
The Senate has passed the bill as amended, 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. 634, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 51 (MCL 211.51), as amended by 2009 PA 189.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Senate Bill No. 750, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 33 and 35 (MCL 169.233 and 169.235), section 33 as amended by 1999 PA 238 and section 35 as amended by 2000 PA 75.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Senate Bill No. 751, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509r, 509aa, 658, 659, 661, and 761 (MCL 168.509r, 168.509aa, 168.658, 168.659, 168.661, and 168.761), section 509r as amended by 2003 PA 302, section 509aa as amended by 2004 PA 92, section 659 as amended by 2004 PA 296, section 661 as amended by 1982 PA 2, and section 761 as amended by 2005 PA 71, and by adding section 764c.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Senate Bill No. 752, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 569a, 671, 792a, and 871 (MCL 168.569a, 168.671, 168.792a, and 168.871), section 569a as added by 1985 PA 24, section 671 as amended by 1995 PA 261, section 792a as amended by 2005 PA 71, and section 871 as amended by 2000 PA 207, and by adding section 686b.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Senate Bill No. 753, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11e of chapter XVII (MCL 777.11e), as added by 2002 PA 31.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Senate Bill No. 754, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509v (MCL 168.509v), as added by 1994 PA 441, and by adding section 497c.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Senate Bill No. 803, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 523, 759, and 761 (MCL 168.523, 168.759, and 168.761), sections 523 and 761 as amended by 2005 PA 71 and section 759 as amended by 1995 PA 261, and by adding section 766a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Senate Bill No. 823, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 53, 55, 56, 93, 95, 96, 133, 135, 136, 163, 165, 166, 193, 195, 196, 198, 224, 226, 227, 254, 255, 257, 303, 322, 326, 349, 352, 354, 357, 381, 409b, 413, 413a, 426d, 433, 433a, 467b, 467c, 551, 591, 624, 644e, 644f, 712, 737a, 931, and 973 (MCL 168.53, 168.55, 168.56, 168.93, 168.95, 168.96, 168.133, 168.135, 168.136, 168.163, 168.165, 168.166, 168.193, 168.195, 168.196, 168.198, 168.224, 168.226, 168.227, 168.254, 168.255, 168.257, 168.303, 168.322, 168.326, 168.349, 168.352, 168.354, 168.357, 168.381, 168.409b, 168.413, 168.413a, 168.426d, 168.433, 168.433a, 168.467b, 168.467c, 168.551, 168.591, 168.624, 168.644e, 168.644f, 168.712, 168.737a, 168.931, and 168.973), sections 53, 163, 193, 224, 254, 349, 409b, 413a, 426d, 433a, 467c, 624, and 644f as amended by 1999 PA 218, sections 93 and 133 as amended by 2000 PA 491, section 165 as amended by 1994 PA 152, section 303 as added by 2003 PA 302, section 322 as amended by 2010 PA 183, section 381 as amended by 2010 PA 184, section 413 as amended by 2009 PA 206, section 433 as amended by 2009 PA 208, section 467b as amended by 2009 PA 207, section 551 as amended by 1990 PA 7, section 591 as amended by 1990 PA 109, section 644e as amended by 2010 PA 44, section 737a as amended by 2006 PA 87, and section 931 as amended by 1996 PA 583, and by adding sections 483a, 932c, and 932e; 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 Redistricting and Elections.
Senate Bill No. 824, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 15, 32, 34, 36, 47, and 55 (MCL 169.215, 169.232, 169.234, 169.236, 169.247, and 169.255), sections 15 and 47 as amended by 2001 PA 250, section 32 as amended by 1999 PA 236, section 34 as amended by 1999 PA 238, section 36 as amended by 1996 PA 590, and section 55 as amended by 1995 PA 264.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Senate Bill No. 825, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as added by 2002 PA 31.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Communications from State Officers
The following communication from the Department of Licensing and Regulatory Affairs was received and read:
February 9, 2012
Enclosed is a copy of the Financial Statements for the Unemployment Insurance Agency’s Administrative Fund, Unemployment Compensation Fund and Contingent Fund for the fiscal year ended September 30, 2011. Inquiries regarding this information may be address to either Mr. Rodger Palm, Director of the Trust Fund Division at (313) 456-2405 or me.
Sincerely,
Deborah A. Ciccone, Manager
U.I. Trust Fund Accounting
(313) 456-2507
The communication was referred to the Clerk.
Introduction of Bills
Rep. Opsommer introduced
House Bill No. 5394, entitled
A bill to create the domestic reimbursement utilization grant fund; to provide for distribution of money from the fund; and to prescribe the powers and duties of certain state agencies and officials.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Opsommer introduced
House Bill No. 5395, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7524 and 7524a (MCL 333.7524 and 333.7524a), section 7524 as amended by 2011 PA 161 and section 7524a as amended by 1994 PA 8.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Opsommer introduced
House Bill No. 5396, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7340a (MCL 333.7340a), as added by 2011 PA 84.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Irwin introduced
House Bill No. 5397, entitled
A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2 (MCL 691.1402), as amended by 1999 PA 205.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Cavanagh, LeBlanc, Geiss, Constan, Stallworth, Durhal, Lipton, Irwin, Ananich, Crawford, Gilbert, Dillon, Rogers, Bledsoe, Brunner, Smiley, Stapleton, Heise, Ouimet and Walsh introduced
House Bill No. 5398, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78m (MCL 211.78m), as amended by 2006 PA 498.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Meadows, Liss, Slavens, Brown, Hovey-Wright, Rutledge, LeBlanc, Switalski and Segal introduced
House Bill No. 5399, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5838a and 5851 (MCL 600.5838a and 600.5851), section 5838a as amended by 1993 PA 78 and section 5851 as amended by 1993 PA 283.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Moss introduced
House Bill No. 5400, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
______
Rep. Tlaib moved that the House adjourn.
The motion prevailed, the time being 3:00 p.m.
Associate Speaker Pro Tempore O’Brien declared the House adjourned until Wednesday, February 15, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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