No. 66
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2012
House Chamber, Lansing, Wednesday, September 12, 2012.
1:30 p.m.
The House was called to order by Associate Speaker Pro Tempore Opsommer.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Gilbert—present LeBlanc—present Price—present
Ananich—present Glardon—present Lindberg—present Pscholka—present
Barnett—present Goike—present Lipton—present Rendon—present
Bauer—present Graves—present Liss—present Rogers—present
Bledsoe—present Greimel—present Lori—present Rutledge—present
Bolger—present Haines—present Lund—present Santana—present
Brown—present Hammel—present Lyons—present Schmidt, R.—present
Brunner—present Haugh—present MacGregor—present Schmidt, W.—present
Bumstead—present Haveman—present MacMaster—present Segal—present
Byrum—present Heise—present McBroom—present Shaughnessy—present
Callton—present Hobbs—present McCann—present Shirkey—present
Cavanagh—present Hooker—present McMillin—present Slavens—present
Clemente—present Horn—present Meadows—present Smiley—present
Constan—present Hovey-Wright—present Moss—present Somerville—present
Cotter—present Howze—present Muxlow—present Stallworth—present
Crawford—present Hughes—present Nathan—present Stamas—present
Daley—present Huuki—present Nesbitt—present Stanley—present
Damrow—present Irwin—present O’Brien—present Stapleton—present
Darany—present Jackson—present Oakes—present Switalski—present
Denby—present Jacobsen—present Olson—present Talabi—present
Dillon—present Jenkins—present Olumba—excused Tlaib—present
Durhal—present Johnson—present Opsommer—present Townsend—present
Farrington—present Kandrevas—present Ouimet—present Tyler—present
Forlini—present Knollenberg—present Outman—present Walsh—present
Foster—present Kowall—present Pettalia—present Womack—excused
Franz—present Kurtz—present Poleski—present Yonker—present
Geiss—present LaFontaine—present Potvin—present Zorn—present
Genetski—present Lane—present
e/d/s = entered during session
Rep. Lisa Brown, from the 39th District, offered the following invocation:
“This is adapted from an invocation given by Herb Silverman at a city council meeting in Charleston.
Each of us is a minority, with respect to something. It might be race, religion, sexual orientation, nationality, or any other way we may be regarded as different. Each of us is also part of some majority. It is when we wear our majority hats that we need to be most mindful of how we treat others. We must pledge our best efforts to help one another, and to defend the rights of all of our citizens and residents.
What divides us is not so much our religious differences in this diverse country, but the degree of commitment we have to equal freedom of conscience for all people. We are gathered today with the shared belief that we must treat our fellow human beings with respect and dignity.
I don’t ask you to close your eyes, but to keep your eyes constantly open to the serious issues that government can and should solve or improve. I don’t ask you to bow your heads, but to look up at what you can accomplish by applying your considerable talents and experience to the problems that confront us.
As we work together on behalf of all who live in this state, may we gain strength and sustenance from one another through reason and compassion.
I’d like to close in a bipartisan manner by quoting from two presidents I greatly admire-one a Republican and the other a Democrat.
First, the Republican: When I do good, I feel good; when I do bad, I feel bad. That is my religion. — Abraham Lincoln
And then, the Democrat: It’s remarkable how much you can accomplish if you don’t care who gets the credit. — Harry S. Truman
Thank you.”
______
The Speaker Pro Tempore assumed the Chair.
______
Rep. Segal moved that Reps. Olumba and Womack be excused from today’s session.
The motion prevailed.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 308.
A resolution to declare September 11-17, 2012, as Patriot Week in the state of Michigan.
(For text of resolution, see House Journal No. 64, p. 2016.)
(The resolution was reported by the Committee on Military and Veterans Affairs and Homeland Security on September 11, with substitute (H-1).)
(For substitute, see House Journal No. 65, p. 2038.)
The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,
The substitute (H-1) was adopted, a majority of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Second Reading of Bills
House Bill No. 5582, entitled
A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3d (MCL 338.883d), as added by 1990 PA 246.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Military and Veterans Affairs and Homeland Security,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Haines moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5583, entitled
A bill to amend 2002 PA 733, entitled “State plumbing act,” by amending section 25 (MCL 338.3535).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Military and Veterans Affairs and Homeland Security,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ouimet moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5590, entitled
A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending section 6 (MCL 338.1056), as amended by 2002 PA 473.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Military and Veterans Affairs and Homeland Security,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Graves moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 637, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1347 (MCL 380.1347).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Cotter moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Barnett moved to amend the bill as follows:
1. Amend page 2, following line 7, by inserting:
“(3) THE DEPARTMENT SHALL REIMBURSE EACH SCHOOL DISTRICT FOR EACH FLAG IT PURCHASES IN ORDER TO COMPLY WITH THIS SECTION. THE LEGISLATURE SHALL APPROPRIATE FUNDS FOR THIS PURPOSE.”.
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 2, following line 7, by inserting:
“(3) THE BOARD OF DIRECTORS OF A SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL SHALL ENSURE THAT A UNITED STATES FLAG IS DISPLAYED ON THE DISPLAY BACKGROUND OF EVERY WEBPAGE OR OTHER ELECTRONIC DISPLAY THAT A PUPIL ACCESSES AS PART OF THE EDUCATIONAL PROGRAM OF THE CYBER SCHOOL.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4934, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1347 (MCL 380.1347).
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Education,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Cotter moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Irwin moved to amend the bill as follows:
1. Amend page 1, line 9, after “ALLEGIANCE.” by inserting “A BOARD OR BOARD OF DIRECTORS SHALL ENSURE THAT PUPILS AND PARENTS ARE NOTIFIED IN WRITING AT LEAST ANNUALLY OF THIS RIGHT TO OBJECT TO THE RECITATION OF THE PLEDGE OF ALLEGIANCE. THE BOARD OR BOARD OF DIRECTORS MAY MAKE THIS WRITTEN NOTIFICATION BY INCLUDING IT IN ITS STUDENT HANDBOOK OR A SIMILAR PUBLICATION THAT IS DISTRIBUTED TO ALL PUPILS AND PARENTS.”.
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 1, line 6, after “OPERATES.” by inserting “THE BOARD OF DIRECTORS OF A SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL SHALL ENSURE THAT A PUPIL IS OFFERED THE OPPORTUNITY TO RECITE THE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES BY INTERACTIVELY VERBALLY RECITING OR KEYING IN THE PLEDGE EACH SCHOOL DAY BEFORE THE PUPIL ACCESSES THE ONLINE EDUCATIONAL PROGRAM.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Cotter moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5523, entitled
A bill to prohibit employers and educational institutions from requiring certain individuals to disclose information that allows access to certain social networking accounts; to prohibit employers and educational institutions from taking certain actions for failure to disclose information that allows access to certain social networking accounts; and to provide remedies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Energy and Technology,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4725, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 80 (MCL 780.830), as added by 1988 PA 21, and by adding sections 19b and 48b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. McMillin moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. McMillin moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5391, entitled
A bill to authorize transit service providers to fingerprint certain individuals for the purpose of receiving criminal history record information from the department of state police and the federal bureau of investigation; to prescribe the powers and duties of certain state departments and officers; and to provide for the collection of fees.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Transportation,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
Rep. Opsommer moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Huuki 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
Rep. Stamas moved that House Bill No. 5582 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5582, entitled
A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3d (MCL 338.883d), as added by 1990 PA 246.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 513 Yeas—108
Agema Genetski LaFontaine Potvin
Ananich Gilbert Lane Price
Barnett Glardon LeBlanc Pscholka
Bauer Goike Lindberg Rendon
Bledsoe Graves Lipton Rogers
Bolger Greimel Liss Rutledge
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Opsommer Townsend
Forlini Kandrevas Ouimet Tyler
Foster Knollenberg Outman Walsh
Franz Kowall Pettalia Yonker
Geiss Kurtz Poleski Zorn
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5583 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5583, entitled
A bill to amend 2002 PA 733, entitled “State plumbing act,” by amending section 25 (MCL 338.3535).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 514 Yeas—108
Agema Genetski LaFontaine Potvin
Ananich Gilbert Lane Price
Barnett Glardon LeBlanc Pscholka
Bauer Goike Lindberg Rendon
Bledsoe Graves Lipton Rogers
Bolger Greimel Liss Rutledge
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Opsommer Townsend
Forlini Kandrevas Ouimet Tyler
Foster Knollenberg Outman Walsh
Franz Kowall Pettalia Yonker
Geiss Kurtz Poleski Zorn
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Opsommer to the Chair.
Rep. Stamas moved that House Bill No. 5590 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5590, entitled
A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending section 6 (MCL 338.1056), as amended by 2002 PA 473.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 515 Yeas—108
Agema Genetski LaFontaine Potvin
Ananich Gilbert Lane Price
Barnett Glardon LeBlanc Pscholka
Bauer Goike Lindberg Rendon
Bledsoe Graves Lipton Rogers
Bolger Greimel Liss Rutledge
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Opsommer Townsend
Forlini Kandrevas Ouimet Tyler
Foster Knollenberg Outman Walsh
Franz Kowall Pettalia Yonker
Geiss Kurtz Poleski Zorn
Nays—0
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1109, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter IX (MCL 769.12), as amended by 2006 PA 655.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Oakes moved to amend the bill as follows:
1. Amend page 4, following line 24, by inserting:
“Enacting section 2. This amendatory act does not take effect unless House Bill No. 4106 of the 96th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Brown moved to amend the bill as follows:
1. Amend page 2, line 5, after “YEARS.” by inserting “NOT MORE THAN 1 CONVICTION ARISING OUT OF THE SAME TRANSACTION SHALL BE CONSIDERED A PRIOR FELONY CONVICTION FOR THE PURPOSES OF THIS SUBSECTION ONLY.”.
The motion prevailed and the amendment was 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.
Rep. Stamas moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1109, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter IX (MCL 769.12), as amended by 2006 PA 655.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 516 Yeas—98
Agema Franz LaFontaine Poleski
Ananich Geiss Lane Potvin
Barnett Genetski LeBlanc Price
Bauer Gilbert Lipton Pscholka
Bledsoe Glardon Liss Rendon
Bolger Goike Lori Rogers
Brown Graves Lund Rutledge
Brunner Greimel Lyons Schmidt, R.
Bumstead Haines MacGregor Schmidt, W.
Byrum Hammel MacMaster Segal
Callton Haugh McBroom Shaughnessy
Cavanagh Haveman McCann Shirkey
Clemente Heise McMillin Slavens
Constan Hooker Meadows Smiley
Cotter Horn Moss Somerville
Crawford Howze Muxlow Stallworth
Daley Hughes Nesbitt Stamas
Damrow Huuki O’Brien Stanley
Darany Jacobsen Oakes Switalski
Denby Jenkins Olson Townsend
Dillon Johnson Opsommer Tyler
Durhal Kandrevas Ouimet Walsh
Farrington Knollenberg Outman Yonker
Forlini Kowall Pettalia Zorn
Foster Kurtz
Nays—10
Hobbs Jackson Santana Talabi
Hovey-Wright Lindberg Stapleton Tlaib
Irwin Nathan
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”
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. Tlaib, 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 because prosecutors and judges already have the ability to seek enhanced sentencing for habitual offenders. Senate Bill 1109 takes away a judge’s discretion in sentencing habitual offenders. Thus, the judge cannot evaluate each offender individually to determine if, and to what extent, a habitual offender’s sentence should be enhanced. In addition, the State of Michigan needs to first address the negative impact of current policies that require mandatory sentencing that have caused significant increases in our correction’s budget.
More importantly, the MDOC budget will exceed $2 billion in the next fiscal year, with 97% coming out of the state’s general fund/general purpose with the Department already predicting that spending could increase over the next few years due to an uptick in prison sentences. Prison spending could be significantly increased if this bill is enacted. Therefore, I voted no on SB 1109.”
Rep. Hovey-Wright, 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 because prosecutors and judges already have the ability to seek enhanced sentencing for habitual offenders. The bill takes away a judge’s discretion in sentencing habitual offenders. Thus, the judge cannot evaluate each offender individually to determine if, and to what extent, a habitual offender’s sentence should be enhanced. In addition, the State of Michigan needs to first address the negative impact of current policies that require mandatory sentencing that have caused significant increases in our correction’s budget.
More importantly, the MDOC budget will exceed $2 billion in the next fiscal year, with 97% coming out of the state’s general fund/general purpose with the Department already predicting that spending could increase over the next few years due to an uptick in prison sentences. Prison spending could be significantly increased if this bill is enacted. Therefore, I voted no on SB 1109.”
Rep. Stamas moved that House Bill No. 4934 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4934, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1347 (MCL 380.1347).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 517 Yeas—103
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lipton Rendon
Bauer Goike Liss Rogers
Bledsoe Graves Lori Rutledge
Bolger Greimel Lund Santana
Brown Haines Lyons Schmidt, R.
Brunner Hammel MacGregor Schmidt, W.
Bumstead Haugh MacMaster Segal
Byrum Haveman McBroom Shaughnessy
Callton Heise McCann Shirkey
Cavanagh Hooker McMillin Slavens
Clemente Horn Meadows Smiley
Constan Hovey-Wright Moss Somerville
Cotter Howze Muxlow Stallworth
Crawford Hughes Nathan Stamas
Daley Huuki Nesbitt Stanley
Damrow Jackson O’Brien Stapleton
Darany Jacobsen Oakes Switalski
Denby Jenkins Olson Talabi
Dillon Johnson Opsommer Tlaib
Durhal Kandrevas Ouimet Townsend
Farrington Knollenberg Outman Tyler
Forlini Kowall Pettalia Walsh
Foster Kurtz Poleski Yonker
Franz LaFontaine Potvin Zorn
Genetski Lane Price
Nays—5
Barnett Hobbs Irwin Lindberg
Geiss
In The Chair: Opsommer
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 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1347a.
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.
______
Rep. Geiss, 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:
I support the Pledge of Allegiance and believe all Americans should learn, recite and respect its words and meaning. This legislation, however, is not necessary. In my own district, every elementary school starts the day with the Pledge of Allegiance. This is an organically, locally driven policy that is supported by parents, teachers and school board members. That is how it should be.
This bill, however, seeks to solve a problem that does not exist. It is based upon the false premise that school children no longer say the Pledge. This is a lie, much like saying that earlier generations walked up hill, both ways, to school. If you say it enough, then it must be true.
I will not succumb to simple political ploys for votes. I understand that voting against this bill may be used against me in future endeavors, but I will not stand by while false pretenses are used to create false urgency to solve a non-existent issue. That is how we got involved in the war in Iraq.
In closing, I would like to share a story about my son, Michael. Last year, Michael attended his first year in school at Holland Elementary. This is the school I attended, nearly 4 decades before. At the dinner table one night, my son spontaneously broke out into reciting the Pledge of Allegiance. It was an amazing moment. My wife and I were so proud, and when he was done, we asked, ‘When did you learn the Pledge of Allegiance?’ Michael stated simply, ‘We say the Pledge every morning in Mrs. Scarpace’s class. So does the whole school!’ Just as I learned the Pledge at Holland, so too did my son.”
Rep. Stamas moved that Senate Bill No. 637 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 637, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1347 (MCL 380.1347).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 518 Yeas—102
Agema Glardon Lipton Pscholka
Ananich Goike Liss Rendon
Bauer Graves Lori Rogers
Bledsoe Greimel Lund Rutledge
Bolger Haines Lyons Santana
Brown Hammel MacGregor Schmidt, R.
Brunner Haugh MacMaster Schmidt, W.
Bumstead Haveman McBroom Segal
Byrum Heise McCann Shaughnessy
Callton Hooker McMillin Shirkey
Cavanagh Horn Meadows Slavens
Clemente Hovey-Wright Moss Smiley
Constan Howze Muxlow Somerville
Cotter Hughes Nathan Stallworth
Crawford Huuki Nesbitt Stamas
Daley Jackson O’Brien Stanley
Damrow Jacobsen Oakes Stapleton
Darany Jenkins Olson Switalski
Denby Johnson Opsommer Talabi
Dillon Kandrevas Ouimet Tlaib
Farrington Knollenberg Outman Townsend
Forlini Kowall Pettalia Tyler
Foster Kurtz Poleski Walsh
Franz LaFontaine Potvin Yonker
Genetski Lane Price Zorn
Gilbert LeBlanc
Nays—6
Barnett Geiss Irwin Lindberg
Durhal Hobbs
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Stamas moved that House Bill No. 5523 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5523, entitled
A bill to prohibit employers and educational institutions from requiring certain individuals to disclose information that allows access to certain social networking accounts; to prohibit employers and educational institutions from taking certain actions for failure to disclose information that allows access to certain social networking accounts; and to provide remedies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 519 Yeas—108
Agema Genetski LaFontaine Potvin
Ananich Gilbert Lane Price
Barnett Glardon LeBlanc Pscholka
Bauer Goike Lindberg Rendon
Bledsoe Graves Lipton Rogers
Bolger Greimel Liss Rutledge
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Opsommer Townsend
Forlini Kandrevas Ouimet Tyler
Foster Knollenberg Outman Walsh
Franz Kowall Pettalia Yonker
Geiss Kurtz Poleski Zorn
Nays—0
In The Chair: Opsommer
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 prohibit employers and educational institutions from requiring certain individuals to grant access to, allow observation of, or disclose information that allows access to or observation of personal internet accounts; to prohibit employers and educational institutions from taking certain actions for failure to allow access to, observation of, or disclosure of information that allows access to personal internet accounts; and to provide sanctions and remedies.
The motion prevailed.
The House agreed to the title as amended.
______
The Speaker Pro Tempore resumed the Chair.
Rep. Stamas moved that House Bill No. 4725 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4725, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 80 (MCL 780.830), as added by 1988 PA 21, and by adding sections 19b and 48b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 520 Yeas—108
Agema Genetski LaFontaine Potvin
Ananich Gilbert Lane Price
Barnett Glardon LeBlanc Pscholka
Bauer Goike Lindberg Rendon
Bledsoe Graves Lipton Rogers
Bolger Greimel Liss Rutledge
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Opsommer Townsend
Forlini Kandrevas Ouimet Tyler
Foster Knollenberg Outman Walsh
Franz Kowall Pettalia Yonker
Geiss Kurtz Poleski Zorn
Nays—0
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 8, 38, and 68 (MCL 780.758, 780.788, and 780.818), as amended by 2000 PA 503.
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.
Rep. Stamas moved that House Bill No. 5391 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5391, entitled
A bill to authorize transit service providers to fingerprint certain individuals for the purpose of receiving criminal history record information from the department of state police and the federal bureau of investigation; to prescribe the powers and duties of certain state departments and officers; and to provide for the collection of fees.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 521 Yeas—108
Agema Genetski LaFontaine Potvin
Ananich Gilbert Lane Price
Barnett Glardon LeBlanc Pscholka
Bauer Goike Lindberg Rendon
Bledsoe Graves Lipton Rogers
Bolger Greimel Liss Rutledge
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Opsommer Townsend
Forlini Kandrevas Ouimet Tyler
Foster Knollenberg Outman Walsh
Franz Kowall Pettalia Yonker
Geiss Kurtz Poleski Zorn
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Agema moved that the Committee on Judiciary be discharged from further consideration of House Bill No. 4769.
(For first notice see House Journal No. 65, p. 2041.)
The question being on the motion made by Rep. Agema,
Rep. Stamas moved that consideration of the motion be postponed until November 27.
The motion prevailed.
Reps. Shirkey, Shaughnessy, Lyons, Walsh, Hooker, Daley, Haines, Heise, Knollenberg, Poleski, Potvin and Tyler offered the following resolution:
House Resolution No. 310.
A resolution to memorialize the United States Congress to take all necessary steps and actions to rein in the Internal Revenue Service’s inappropriate interpretation of the Patient Protection and Affordable Care Act related to a federal health insurance exchange and taxation.
Whereas, The Patient Protection and Affordable Care Act (PPACA) provides tax credits for the purchase of health insurance plans on state-run insurance exchanges. The PPACA does not authorize tax credits for the purchase of health plans on a federally-established exchange. Congress amended the sections of the bill that authorize tax credits at least a dozen times during the reconciliation process, but left the language limiting tax credits to state-established exchanges intact. Furthermore, the Congressional record is void of any indication that Congress intended that tax credits be made available on a federal exchange; and
Whereas, The Internal Revenue Service (IRS) issued a final rule in May 2012 that inappropriately directs how tax regulation would apply to federally-run insurance exchanges. This rule may trigger enforcement fines upon businesses under the PPACA despite the clear language of the law to the contrary. In so doing, the IRS is effectively changing the law as authorized by Congress in order to tax employers whom Congress did not authorize the agency to tax. This rule is contradictory to the language of the PPACA and Congressional intent, and leaves unelected bureaucrats in the federal government effectively in charge of rewriting the law; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the United States Congress to take all necessary steps and actions to rein in the Internal Revenue Service’s inappropriate interpretation of the Patient Protection and Affordable Care Act related to a federal health insurance exchange and taxation; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Health Policy.
Reps. Shirkey, Shaughnessy, Lyons, Walsh, Hooker, Daley, Durhal, Haines, Heise and Poleski offered the following resolution:
House Resolution No. 311.
A resolution to express support for the Eaton Rapids School District and its plan for a Small School Nature Academy.
Whereas, The Eaton Rapids School District and school board are in the process of authorizing a charter school that will redefine the approach to learning and teaching. This innovative Montessori education model will provide students with a learning environment that encourages creativity and academic quality; and
Whereas, The Small School Nature Academy curriculum will focus on science, technology, engineering, and mathematics (the STEM subjects), as well as agriculture. Innovation and research will be part of the program through partnerships with universities, social service agencies, and businesses. The training that students will receive will prepare them for future jobs in a wide variety of fields; and
Whereas, The Eaton Rapids School District will use existing facilities, including a building on 25 acres of land with trails, ponds, and a small amphitheater. Students will experience hands-on learning as they grow food and perform project-based lab science. The school will foster a true “no child left inside” approach to learning; now, therefore, be it
Resolved by the House of Representatives, That we express support for the Eaton Rapids School District and its plan for a Small School Nature Academy; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Department of Education, the Michigan Association of School Boards, the Michigan Association of Secondary School Principals, and the Michigan Association of School Administrators.
The resolution was referred to the Committee on Education.
Reps. Shaughnessy, Constan, Daley, Durhal, Haines, Heise, Knollenberg, LeBlanc, Poleski, Potvin, Price, Slavens and Tyler offered the following resolution:
House Resolution No. 312.
A resolution to declare September 2012 as Recovery Month in the state of Michigan.
Whereas, Behavioral health is essential to health and one’s overall wellness; and
Whereas, Prevention of mental and substance use disorder works, treatment is effective, and people recover in our area and around the nation; and
Whereas, The benefits of preventing and overcoming mental and/or substance use disorders are significant and valuable to individuals, families, and the community at large; and
Whereas, People in recovery achieve healthy lifestyles, both physical and emotionally, and contribute in positive ways to their communities; and
Whereas, We must encourage relatives and friends of people with mental and substance use disorders to implement preventative measures, recognize the signs of a problem, and guide those in need to appropriate treatment and recovery support services; and
Whereas, In 2012, 2.6 million people received specialty treatment for a substance use disorder and more than 31.3 million adults aged 18 or older received services for mental health problems, according to the 2012 National Survey on Drug Use and Health. Given the serious nature of this public health problem, we must continue to reach the millions more who need help; and
Whereas, To help more people achieve and sustain long-term recovery, the U.S. Department of Health and Human Services (HHS), the Substance Abuse and Mental Health Services Administration (SAMHSA), the White House Office of National Drug Control Policy (ONDCP), and Recovery Network, Inc. have invited all residents of Michigan to participate in National Recovery Month; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare September 2012 as Recovery Month in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
By unanimous consent the House considered House Resolution No. 316 out of numerical order.
Reps. Dillon, Barnett, Brown, Brunner, Byrum, Greimel, Hobbs, Irwin, Lindberg, Lipton, McCann, Segal, Slavens, Smiley, Tlaib and Townsend offered the following resolution:
House Resolution No. 316.
A resolution to call on Speaker James “Jase” Bolger to step aside pending completion of the one-person grand jury investigation into suspected crimes and offenses committed by him and others related to the election rigging scandal in the 76th House District.
Whereas, A complaint and petition was filed with the Circuit Court for the County of Ingham for a judicial investigation concerning the possible commission of certain crimes and offenses, including conspiracy to defraud, perjury, conspiracy to commit perjury, subornation of perjury and obstruction of justice, by Speaker James “Jase” Bolger and others related to the election rigging scandal in the 76th House District; and
Whereas, On August 27, 2012, the Circuit Court for the County of Ingham found probable cause to suspect that certain crimes and offenses have been committed within its jurisdiction and initiated a one-person grand jury, as provided under MCL 767.3 et seq., to investigate these suspected crimes and offenses; and
Whereas, The Speaker’s ability to lead this legislative body is severely compromised during the grand jury investigation. The investigation is a substantial distraction that will prevent the Speaker from properly exercising his duties and responsibilities. The Speaker cannot effectively lead without the full confidence and trust of the members of this legislative body; and
Whereas, For the good of this legislative body, the Speaker should step aside temporarily pending the results of the grand jury investigation. The citizens of Michigan deserve a fully engaged leader, capable of pushing forward solutions for the problems facing our state. Once the investigation is completed, the House of Representatives can reevaluate the Speaker’s status based on the findings of that investigation; now, therefore, be it
Resolved by the House of Representatives, That we call on Speaker James “Jase” Bolger to step aside pending completion of the one-person grand jury investigation into suspected crimes and offenses committed by him and others related to the election rigging scandal in the 76th House District.
The resolution was referred to the Committee on Government Operations.
Reps. Nesbitt, Daley, Haines, Heise, Hooker, Knollenberg, Poleski, Potvin, Price, Shaughnessy and Tyler offered the following resolution:
House Resolution No. 313.
A resolution to declare September 10-14, 2012, as Home Education Week in the state of Michigan.
Whereas, Homeschooling is the fastest-growing educational trend in the United States, growing by an estimated 15 percent per year with over 2 million children nationwide now in a homeschool program; and
Whereas, The state of Michigan has long recognized that parents and legal guardians have a natural and fundamental right to direct the care, education, and upbringing of their children; and
Whereas, Homeschooling parents understand they are to be the primary educators and know that parental supervision and involvement play a major role in the education of students; and
Whereas, Homeschooling provides young people with a strong foundation of values and academic skills needed to become responsible citizens of our state and nation; and
Whereas, Homeschooling parents know that teaching morals and values is essential to the complete education of the student since every member of society continually makes moral decisions; and
Whereas, Homeschooling parents are dedicated to producing academically-strong students who also commit themselves to service, with studies demonstrating that homeschool students have a stronger understanding and higher participation rate in the governmental system and elections, and a significantly higher percentage are involved in community organizations; and
Whereas, Numerous individuals of note are products of homeschooling, including George Washington, Thomas Edison, Helen Keller, Agatha Christie, and Franklin D. Roosevelt; and
Whereas, Homeschoolers come from a diverse number of socioeconomic backgrounds and are from a variety of races and creeds; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare September 10-14, 2012, as Home Education Week in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Shirkey, Barnett, Brown, Constan, Daley, Durhal, Haines, Heise, Knollenberg, Poleski, Price, Shaughnessy and Tyler offered the following resolution:
House Resolution No. 314.
A resolution to commemorate the 50th anniversary of the Michigan Braille Transcribing Fund.
Whereas, It is with great respect that the members of this legislative body are proud to join with the citizens of Michigan to recognize the 50th anniversary of the Michigan Braille Transcribing Fund; and
Whereas, This largely volunteer effort by a few prisoners started in 1962 at the State Prison of Southern Michigan and has grown into a non-profit corporation now know in the industry as the Michigan Braille Transcribing Fund (MBTF); and
Whereas, Since its inception, the MBTF has grown in its mission from providing brailled materials to blind students to enabling certified braillists the latitude to participate in the “hard to braille” projects such as municipal bus schedules, corporate manuals, menus, and textbooks requiring large amounts of drawing; and
Whereas, Many benefits accrue to the MBTF staff. These individuals who otherwise would have little choice but to waste idle years achieving little and contributing nothing are given an opportunity to help others develop marketable skills and have a sense of community in the production of the braille materials; and
Whereas, The federal government’s formal recognition of braille transcribing as a profession is elevating the stature of transcribers in the workplace. Incarcerated braillists who parole can use their talents on the outside and have assurance through this recognition; and
Whereas, The MBTF is the oldest prison braille program in the United States and produced over four million of the five million pages in an American Printing House survey of twenty state prisons and three federal prisons that have some type of a braille program; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commemorate the 50th anniversary of the Michigan Braille Transcribing Fund; and be it further
Resolved, That we remember all who have contributed to the success of the Michigan Braille Transcribing Fund and its preeminence in the industry.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Brunner, Barnett, Byrum, Constan, Daley, Durhal, LeBlanc, Lindberg, McCann, Potvin and Segal offered the following resolution:
House Resolution No. 315.
A resolution to memorialize the Congress of the United States to enact a comprehensive federal farm bill before the current farm bill expires on September 30, 2012.
Whereas, For decades, the federal farm bill has guaranteed the continued production of a stable and affordable food supply for our nation. The farm bill strikes a solid balance between supporting farmers, maintaining an affordable home-grown supply, encouraging the protection of the environment, and making food available and ensuring adequate nutrition for every American family and child; and
Whereas, Michigan’s food and agriculture systems contribute $91.4 billion annually in direct and indirect economic activity, making it the second largest industry in the state. Agriculture in Michigan has continued to grow and thrive, making agriculture a cornerstone to diversifying Michigan’s economy in the future. Michigan has about ten million acres of farmland and is home to more than 56,000 farms. More than 90 percent of Michigan farmland is owned by families or individuals. Michigan produces over 200 commodities on a commercial basis, making our state the second most agriculturally diverse state in the nation; and
Whereas, On September 30, 2012, the current federal farm bill will expire. The United States House of Representatives has yet to pass a federal farm bill, despite its vital importance to the continued success of one of our nation’s most important economic contributors. Failure to pass a federal farm bill places farms in jeopardy throughout the nation and threatens critical nutrition programs, such as emergency food aid and programs that make fresh fruits and vegetables available to school children; and
Whereas, The United States Senate passed the Agricultural Reform, Food, and Jobs Bill of 2012, S. 3240, the Senate version of the federal farm bill, on June 18, 2012; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact a comprehensive federal farm bill before the current farm bill expires on September 30, 2012; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United State House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Agriculture.
______
Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
Introduction of Bills
Rep. Johnson introduced
House Bill No. 5883, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 48703 (MCL 324.48703), as amended by 2012 PA 245.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Rep. Johnson introduced
House Bill No. 5884, entitled
A bill to amend 1989 PA 24, entitled “The district library establishment act,” by amending sections 18 and 21 (MCL 397.188 and 397.191), section 21 as amended by 2005 PA 60.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Rep. Geiss introduced
House Bill No. 5885, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 465 (MCL 750.465).
The bill was read a first time by its title and referred to the Committee on Government Operations.
Rep. Callton introduced
House Bill No. 5886, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20174.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Crawford introduced
House Bill No. 5887, entitled
A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending sections 3e and 3h (MCL 338.883e and 338.883h), section 3e as added by 1990 PA 246 and section 3h as added by 1992 PA 130.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Knollenberg introduced
House Bill No. 5888, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78g (MCL 211.78g), as amended by 2003 PA 263.
The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
Reps. Price, Shirkey and McMillin introduced
House Bill No. 5889, entitled
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending sections 10h and 10i (MCL 460.10h and 460.10i), as added by 2000 PA 142.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Rep. Shaughnessy introduced
House Bill No. 5890, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1238 (MCL 500.1238), as added by 1984 PA 5.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Lund introduced
House Bill No. 5891, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2112, 2116, 3109, and 3109a (MCL 500.2112, 500.2116, 500.3109, and 500.3109a), sections 2112 and 2116 as amended by 1980 PA 461.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Wayne Schmidt introduced
House Bill No. 5892, entitled
A bill to amend 1984 PA 424, entitled “Rental-purchase agreement act,” by amending sections 7, 8, and 20 (MCL 445.957, 445.958, and 445.970).
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Pscholka introduced
House Bill No. 5893, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 1060 (MCL 450.2060), as amended by 2008 PA 402.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. McMillin, Heise and Shirkey introduced
House Bill No. 5894, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278 (MCL 380.1278), as amended by 2004 PA 596, and by adding section 1278c.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Opsommer introduced
House Bill No. 5895, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 10a.
The bill was read a first time by its title and referred to the Committee on Oversight, Reform, and Ethics.
Reps. Lyons and MacGregor introduced
House Bill No. 5896, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1061.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Stamas introduced
House Bill No. 5897, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1307, 1311, 30103, 30104, 30305, 30306, 30311a, 30311d, 32513, and 32514 (MCL 324.1307, 324.1311, 324.30103, 324.30104, 324.30305, 324.30306, 324.30311a, 324.30311d, 324.32513, and 324.32514), section 1307 as amended by 2012 PA 164, section 1311 as amended by 2011 PA 246, section 30103 as amended by 2009 PA 139, section 30104 as amended by 2011 PA 218, sections 30305, 30306, and 32513 as amended by 2012 PA 247, sections 30311a and 30311d as added by 2009 PA 120, and section 32514 as added by 1995 PA 59; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Reps. Lipton, Haugh and Slavens introduced
House Bill No. 5898, entitled
A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending section 11 (MCL 338.2311).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Darany introduced
House Bill No. 5899, entitled
A bill to amend 1966 PA 293, entitled “An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies,” (MCL 45.501 to 45.521) by amending the title, as amended by 1998 PA 147, and by adding section 14a.
The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
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 and joint resolution had been printed and placed upon the files of the members on Wednesday, September 12:
House Bill Nos. 5842 5843 5844 5845 5846 5847 5848 5849 5850 5851 5852 5853 5854 5855
5856 5857 5858 5859 5860 5861 5862 5863 5864 5865 5866 5867 5868 5869
5870 5871 5872 5873 5874 5875 5876 5877 5878 5879 5880 5881 5882 5893
House Joint Resolution AAA
Senate Bill Nos. 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271
Reports of Standing Committees
The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported
House Bill No. 5290, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending sections 217 and 1060 (MCL 450.1217 and 450.2060), as amended by 2008 PA 402.
With the recommendation that the bill be referred to the Committee on Appropriations.
Favorable Roll Call
To Report Out:
Yeas: Reps. Wayne Schmidt, Tyler, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente and Townsend
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Appropriations.
The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported
Senate Bill No. 1123, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44 (MCL 125.1444), as amended by 2008 PA 58.
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, Knollenberg, Denby, Shirkey, Farrington, Glardon, Shaughnessy, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente and Townsend
Nays: Reps. Lund and 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: Tuesday, September 11, 2012
Present: Reps. Wayne Schmidt, Tyler, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente and Townsend
Absent: Reps. Gilbert and Olumba
Excused: Reps. Gilbert and Olumba
The Committee on Tax Policy, by Rep. Gilbert, Chair, reported
House Bill No. 4981, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2010 PA 17.
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. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Constan, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs
Nays: None
The Committee on Tax Policy, by Rep. Gilbert, Chair, reported
House Bill No. 5732, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 510 (MCL 208.1510), as amended by 2011 PA 292.
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. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Constan, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs
Nays: None
The Committee on Tax Policy, by Rep. Gilbert, Chair, reported
House Bill No. 5806, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 471 (MCL 206.471), as amended by 2011 PA 38.
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. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Constan, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs
Nays: None
The Committee on Tax Policy, by Rep. Gilbert, Chair, reported
Senate Bill No. 335, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1a (MCL 205.51a), as amended by 2008 PA 438.
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. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson and Ouimet
Nays: Reps. Constan, Barnett and Meadows
The Committee on Tax Policy, by Rep. Gilbert, Chair, reported
Senate Bill No. 336, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2b (MCL 205.92b), as amended by 2008 PA 439.
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. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson and Ouimet
Nays: Reps. Constan, Barnett and Meadows
The Committee on Tax Policy, by Rep. Gilbert, Chair, reported
Senate Bill No. 862, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34c (MCL 211.34c), as amended by 2011 PA 320.
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. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Constan, Barnett and Hobbs
Nays: Reps. Meadows and Townsend
The Committee on Tax Policy, by Rep. Gilbert, Chair, reported
Senate Bill No. 990, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7cc and 7dd (MCL 211.7cc and 211.7dd), section 7cc as amended by 2012 PA 114 and section 7dd as amended by 2011 PA 320.
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. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Constan, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs
Nays: None
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, September 12, 2012
Present: Reps. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Constan, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs
The Committee on Government Operations, by Rep. Stamas, Chair, reported
House Bill No. 5768, entitled
A bill to prohibit any agency of this state, any political subdivision of this state, any employee of any agency of this state or any political subdivision of this state, or any member of the Michigan national guard from assisting an agency of the armed forces of the United States in the investigation, prosecution, or detainment of any citizen of the United States under certain circumstances.
With the recommendation that the bill be referred to the Committee on Oversight, Reform, and Ethics.
Favorable Roll Call
To Report Out:
Yeas: Reps. Stamas, Nesbitt, McMillin, Barnett and Kandrevas
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Oversight, Reform, and Ethics.
The Committee on Government Operations, by Rep. Stamas, Chair, reported on
House Resolution No. 303.
A resolution to call on the House Standing Committee on Oversight, Reform, and Ethics to conduct an investigation, with public hearings in compliance with the Open Meetings Act, of any ethics misconduct, violations of House Rules, or misuse of state resources by members and staff in the candidate filings for the 76th House District.
(For text of resolution, see House Journal No. 63, p. 1989.)
Adverse Roll Call
To Report Out:
Yeas: Reps. Barnett and Kandrevas
Nays: Rep. Stamas
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Stamas, Chair, of the Committee on Government Operations, was received and read:
Meeting held on: Wednesday, September 12, 2012
Present: Reps. Stamas, Nesbitt, McMillin, Barnett and Kandrevas
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, September 12, 2012
Present: Reps. Knollenberg, Lyons, Farrington, Foster, Huuki, Olson, Pettalia, Switalski, Clemente and Stanley
Absent: Rep. Womack
Excused: Rep. Womack
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lyons, Chair, of the Committee on Education, was received and read:
Meeting held on: Wednesday, September 12, 2012
Present: Reps. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Brown, Darany, Howze, Hobbs, Rutledge, Stallworth and Geiss
Absent: Rep. Bumstead
Excused: Rep. Bumstead
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, September 12, 2012
Present: Reps. Crawford, Yonker, Opsommer, Daley, McMillin, Stamas, Shirkey, Franz, McBroom, Rendon, Haugh, Byrum, Slavens and Rutledge
Absent: Rep. Womack
Excused: Rep. Womack
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Opsommer, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Wednesday, September 12, 2012
Present: Reps. Opsommer, Glardon, Wayne Schmidt, Huuki, Jacobsen, Muxlow, Olson, Ouimet, Somerville, Roy Schmidt, Geiss, Talabi, Nathan, Liss, Byrum, Smiley and Oakes
Messages from the Senate
House Bill No. 5154, entitled
A bill to amend 2004 PA 159, entitled “Uniform principal and income act,” by amending sections 409 and 505 (MCL 555.809 and 555.905) and by adding section 606.
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. 5237, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 2723 (MCL 700.2723), as added by 2010 PA 224.
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. 5592, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4012 (MCL 600.4012), as amended by 1996 PA 10.
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. 4928, entitled
A bill to amend 1915 PA 123, entitled “An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits,” (MCL 565.451a to 565.453) by adding section 1d.
The Senate has amended the bill as follows:
1. Amend page 1, line 10, after “PERSON” by striking out “HAVING” and inserting “WHO HAS”.
2. Amend page 2, line 1, after “FACTS” by striking out “OR BY A PERSON” and inserting “AND IS”.
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. 5124, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 401, 406, 407, 408, 410, 601, 841, and 8304 (MCL 600.401, 600.406, 600.407, 600.408, 600.410, 600.601, 600.841, and 600.8304), sections 401, 406, 407, 408, and 8304 as added by 2002 PA 678 and sections 410, 601, and 841 as amended by 2005 PA 326, and by adding section 412; and to repeal acts and parts of acts.
The Senate has amended the bill as follows:
1. Amend page 2, line 11, after the second “OF” by striking out “THE” and inserting “THAT”.
2. Amend page 5, line 2, after “JUDGES” by striking out “IN THE COUNTY” and inserting “OF THE COURTS IN THE PLAN”.
3. Amend page 9, following line 2, subdivision (C), after the first “OR” by striking out the balance of the subdivision and inserting “A DISTRICT JUDGE, UNLESS THAT POWER OF APPOINTMENT IS DELEGATED TO A COURT OR JUDGE OTHER THAN THE CIRCUIT COURT OR A CIRCUIT JUDGE.”.
4. Amend page 9, following line 2, after “CHAPTER.” by inserting:
“SEC. 413. (1) CONCURRENT JURISDICTION PLANS SHALL BE DESIGNED TO BENEFIT THE CITIZENS UTILIZING THE COURTS INVOLVED RATHER THAN THE COURTS THEMSELVES OR ANY JUDGE OR JUDGES.
(2) A JUDGE VOTING NOT TO HAVE A PLAN OF CONCURRENT JURISDICTION UNDER THIS CHAPTER MAY FILE AN OBJECTION WITH THE STATE COURT ADMINISTRATOR. AN OBJECTION MUST SPECIFICALLY STATE THE REASONS FOR THE OBJECTION AND MAY INCLUDE, BUT NOT BE LIMITED TO, OBJECTIONS BASED ON INSUFFICIENT ALLOCATION OF STAFF OR RESOURCES, INADEQUATE TRAINING FOR ANY JUDGE OR STAFF, EXCESSIVE ASSIGNMENTS OUTSIDE OF A JUDGE’S ELECTION DISTRICT, OR RETALIATION FOR ANY ACTION, INCLUDING FAILING TO VOTE FOR A CONCURRENT JURISDICTION PLAN.
(3) SUBJECT TO APPROVAL OF THE SUPREME COURT, BEFORE THE SUPREME COURT APPROVES A CONCURRENT JURISDICTION PLAN UNDER THIS CHAPTER, THE STATE COURT ADMINISTRATOR SHALL REVIEW OBJECTIONS UNDER THIS SECTION AND REPORT THE SUBSTANCE OF THE OBJECTIONS AND THE ADMINISTRATOR’S FINDINGS ABOUT THE OBJECTIONS’ VALIDITY TO THE SUPREME COURT. SUBJECT TO APPROVAL OF THE SUPREME COURT, THE STATE COURT ADMINISTRATOR SHALL FORWARD A PROPOSED CONCURRENT JURISDICTION PLAN TO THE SUPREME COURT FOR REVIEW AFTER AFFIRMATIVELY FINDING THAT THE PROPOSED CONCURRENT JURISDICTION PLAN IS IN COMPLIANCE WITH THIS CHAPTER AND THE BEST INTERESTS OF THE PEOPLE OF THE COMMUNITIES BEING SERVED.”.
The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 401, 406, 407, 408, 410, 601, 841, and 8304 (MCL 600.401, 600.406, 600.407, 600.408, 600.410, 600.601, 600.841, and 600.8304), sections 401, 406, 407, 408, and 8304 as added by 2002 PA 678 and sections 410, 601, and 841 as amended by 2005 PA 326, and by adding sections 412 and 413; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Announcements by the Clerk
The Clerk received the following dissent from Reps. Slavens, Rutledge, Greimel, Durhal, Ananich, McCann, Oakes, Hobbs, Howze, Liss, Switalski, Barnett and Talabi:
Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to SB1040.
______
Rep. Jenkins moved that the House adjourn.
The motion prevailed, the time being 3:55 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, September 13, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
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