No. 49
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
97th Legislature
REGULAR SESSION OF 2014
House Chamber, Lansing, Thursday, May 22, 2014.
10:00 a.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Abed—present Glardon—present LaVoy—present Roberts—present
Banks—present Goike—present Leonard—present Robinson—present
Barnett—present Graves—present Lipton—present Rogers—present
Bolger—present Greimel—present Lori—present Rutledge—present
Brinks—present Haines—present Lund—present Santana—present
Brown—present Haugh—present Lyons—present Schmidt—present
Brunner—present Haveman—present MacGregor—present Schor—present
Bumstead—present Heise—present MacMaster—present Segal—present
Callton—present Hobbs—present McBroom—present Shirkey—present
Cavanagh—present Hooker—present McCann—present Singh—present
Clemente—present Hovey-Wright—present McCready—present Slavens—present
Cochran—present Howrylak—present McMillin—present Smiley—present
Cotter—present Irwin—present Muxlow—present Somerville—present
Crawford—present Jacobsen—present Nathan—present Stallworth—present
Daley—present Jenkins—present Nesbitt—present Stamas—present
Darany—present Johnson—present O’Brien—present Stanley—present
Denby—present Kandrevas—present Oakes—present Switalski—present
Dianda—present Kelly—present Olumba—present Talabi—present
Dillon—present Kesto—present Outman—present Tlaib—present
Driskell—present Kivela—present Pagel—present Townsend—present
Durhal—present Knezek—present Pettalia—present VerHeulen—present
Faris—present Kosowski—present Phelps—present Victory—present
Farrington—present Kowall—present Poleski—present Walsh—present
Forlini—present Kurtz—present Potvin—present Yanez—present
Foster—present LaFontaine—present Price—present Yonker—present
Franz—present Lamonte—present Pscholka—present Zemke—present
Geiss—present Lane—present Rendon—present Zorn—present
Genetski—present Lauwers—present
e/d/s = entered during session
Rev. Brian D. Seifert, Pastor of Cadillac Christian Reformed Church in Cadillac, offered the following invocation:
“Gracious God And giver of all good things. We pause in the morning of this day to say, thank You.
We thank You for things like flowers, buds on trees, and honey bees that do some of Your world’s greatest work. We thank You for rain that nourishes Your earth and the sun that makes things grow. For wildlife and the renewal of life. For spring time after a long cold winter.
We thank You for this good land as our heritage. Help us always to remember Your generosity. We ask that You would continue to bless our land with honest industry, sound learning and an honorable way of life. We ask that You would rid us of violence, discord, oppression, discrimination, and those things that tear at the decency of our society.
We thank You for those who give of themselves for the betterment of the people that this body represents. For those who rush into burning buildings. For those who protect the communities of our great state. For those who respond in emergency rooms. Bless all our community servants with strength to stand in the gap in moments of great need.
We thank You for those who serve to protect our great country. We thank You for the sacrifices of yesterday. We thank You for those who stand today in harm’s way today. We thank You for the generations to come that will seek to live in freedom. May we be mindful of passing on the very best of all that we’ve been given.
We thank You for our families, for our homes, for those that love us and for those that we love. We pray for those that are alone, without homes, and without the basic necessities that all of us take for granted. We ask that You would bring justice and restoration to those that need You.
We even thank You for our enemies. For those who drive us to think deeper, to care more passionately, and to help us see a greater picture beyond ourselves. You have taught us to pray for our enemies and so we do. We ask that love would surround us all. We ask that Your world would once again see and experience the shalom that You originally intended.
Now, O God, we offer our hands, our ears, our eyes, our lips, and our hearts. That we would all work sincerely for those whom we serve. That we would listen to each other with deep care and respect. That we would see where to best put our collective efforts for the wellbeing of others. That we would speak the truth in love. And that our hearts and lives would reflect the greatest love that we’ve been shown in Jesus and that we would be willing to lay down our lives for our fellow brothers and sisters.
We thank You God, and ask all of these things of You because You are so good and so generous. And all of God’s people say... Amen!”
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The Speaker Pro Tempore called Associate Speaker Pro Tempore Cotter to the Chair.
______
Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
______
Associate Speaker Pro Tempore Cotter called Associate Speaker Pro Tempore O’Brien to the Chair.
Motions and Resolutions
Reps. Franz, Abed, Banks, Barnett, Bolger, Brinks, Brown, Brunner, Bumstead, Clemente, Cochran, Cotter, Crawford, Darany, Denby, Dianda, Driskell, Faris, Farrington, Forlini, Foster, Geiss, Genetski, Glardon, Goike, Graves, Haines, Haveman, Heise, Hobbs, Hooker, Hovey-Wright, Howrylak, Irwin, Jacobsen, Jenkins, Johnson, Kandrevas, Kelly, Kesto, Kivela, Knezek, Kosowski, LaFontaine, Lamonte, Lane, Lauwers, LaVoy, Leonard, Lori, Lund, Lyons, MacGregor, MacMaster, McBroom, McCann, McMillin, Muxlow, Nathan, O’Brien, Oakes, Pagel, Pettalia, Phelps, Poleski, Potvin, Price, Pscholka, Rendon, Roberts, Rogers, Rutledge, Santana, Schor, Segal, Singh, Slavens, Smiley, Somerville, Stallworth, Stamas, Switalski, Tlaib, Townsend, VerHeulen, Victory, Yanez, Yonker and Zemke offered the following resolution:
House Resolution No. 378.
A resolution to urge all Michigan citizens to observe Memorial Day and to recognize and contemplate the true spirit of the holiday by remembering those brave and courageous souls who have laid down their lives in defense of our nation.
Whereas, Originally known as Decoration Day, Memorial Day traces its origins back to the 19th century, when groups throughout the nation gathered to honor those who had lost their lives in battle by decorating their gravesites with flowers; and
Whereas, After the conclusion of the Civil War, General John Logan issued General Order 11, which proclaimed that May 30, 1868, should be “designated for the purpose of strewing with flowers or otherwise decorating the graves of comrades who died in defense of their country during the late rebellion, and whose bodies now lie in almost every city, village, and hamlet church-yard in the land”; and
Whereas, While General Logan proclaimed the observance should proceed annually for so long as a “survivor of the war remains to honor the memory of his departed comrades,” Memorial Day eventually became part of the national consciousness, growing from honoring only those who died during the Civil War to encompassing all soldiers who sacrificed their lives in service to our nation; and
Whereas, When Congress declared Memorial Day to be a national holiday in 1971, it also moved the date of observance from the traditional May 30th established under General Logan’s order to the last Monday in May, so that Americans could observe and enjoy a three-day holiday weekend; and
Whereas, We must now remember that Memorial Day is more than a holiday marked by picnics and parades, barbecues and baseball games. Instead, we must always remember that this is a day to remember those souls who gave, in the words of Lincoln, “the last full measure of devotion”; and
Whereas, Knowing full well that a single day is hardly enough to honor the memory of the men and women who have sacrificed their lives on foreign soil, and who took their final footsteps in faraway lands from Verdun and Normandy to Da Nang and Fallujah, we pause to celebrate their eternal legacy of valor and to reflect on the debt we owe to these patriots, who died so that freedom might always be an American birthright; and
Whereas, The blood that brave and valiant soldiers shed on distant beaches and bulkheads, and on foreign sands and shores has given us the liberty that is the very lifeblood of this Republic and the cornerstone of human history; and
Whereas, Each young life given in defense of our nation has helped other nations to cast off the shackles of oppression and tyranny, and to bring the sacred light of freedom and liberty to the furthermost reaches of the globe; and
Whereas, Each soldier who sacrificed their life long before their time did not go to battle in order to seek fame or glory nor did they set out yearning to be a hero. Rather, they simply heeded a call that only the bravest amongst us have answered and paid the ultimate price for, a cause far greater than themselves, a cause that will forever be reflected in our vigilance in the face of tyranny and foreign aggression; and
Whereas, We must not only honor the sacrifice of the men and women who laid down their lives, but also the families who lost mothers and fathers, sons and daughters, and who suffered the grief and sadness of distance and death with quiet dignity and pride; and
Whereas, We need not lay garlands on the gravesites of our fallen heroes today, but as we spend time with family and friends this Memorial Day weekend, we must be mindful to never forsake the memory of those whose time with family and friends was cut too short in service to our nation; and
Whereas, As we commemorate those heroes who have died for our democratic ideals, we must also make this Memorial Day a time of prayer, a time to ask the Almighty for a permanent and prosperous peace, so that future generations of Americans, secure in and grateful for their freedom, might never know the horrific toll of war and the terrible tragedies of battle; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body urge all Michigan citizens to observe Memorial Day and to recognize and contemplate the true spirit of the holiday by remembering those brave and courageous souls who have laid down their lives in defense of our nation.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Muxlow, Kelly, Lyons, Heise, Kivela, Lauwers, Brown, Daley, Pagel, Barnett, Cotter, Crawford, Darany, Denby, Driskell, Geiss, Hooker and LaVoy offered the following resolution:
House Resolution No. 379.
A resolution to urge the Great Lakes Commission to study and take a formal position on the proposed underground nuclear waste repository in Ontario, Canada and to study the potential impacts of this facility and similar facilities on the Great Lakes and on the people that depend on the lakes.
Whereas, The Great Lakes Commission is a public agency established by the Great Lakes Basin Compact in 1955 to speak as a unified voice for the Great Lakes states and provinces in their mission for a healthy and vibrant Great Lakes region. The Commission takes positions on issues of regional importance. These science-based positions are built on collaboration with others and encourage regional economic prosperity and environmental protection; and
Whereas, The proposal by Ontario Power Generation to construct an underground, long-term burial facility for low- and intermediate-level radioactive waste at the Bruce Nuclear Generating Station, which is less than a mile from the shore of Lake Huron, is a regionally important issue. Placing a permanent nuclear waste burial facility so close to the Great Lakes shoreline is a matter of serious concern for the inhabitants of the Great Lakes states and provinces. A leak or breach of radioactivity from this waste facility could damage the ecology of the lakes. Tens of millions of United States and Canadian citizens depend on the lakes for drinking water, fisheries, tourism, recreation, and other industrial and economic uses; and
Whereas, We are concerned about this proposed radioactive waste facility and the siting of any such facility so near the Great Lakes. Under Michigan’s Constitution, it is the duty of the legislative branch of government to protect the state’s natural resources in the interest of the public health, safety, and welfare of Michigan’s citizens; now, therefore, be it
Resolved by the House of Representatives, That we urge the Great Lakes Commission to study and take a formal position on the proposed underground nuclear waste repository in Ontario, Canada and to the potential impacts of this facility and similar facilities on the Great Lakes and on the people that depend on the lakes; and be it further
Resolved, That copies of this resolution be transmitted to the Board of Directors and Executive Director of the Great Lakes Commission, the members of the Michigan delegation to the Great Lakes Commission, and the commissioners of the International Joint Commission.
The resolution was referred to the Committee on Energy and Technology.
Reps. Muxlow, Kelly, Lyons, Heise, Kivela, Lauwers, Brown, Daley, Pagel, Barnett, Cotter, Crawford, Darany, Denby, Driskell, Geiss, Hooker and LaVoy offered the following resolution:
House Resolution No. 380.
A resolution urging the United States President, the Secretary of State, and the United States Congress to invoke the participation of the International Joint Commission under Article IX, Article X, or both of the Boundary Waters Treaty to evaluate the proposed underground nuclear waste repository in Ontario, Canada and similar facilities.
Whereas, Ontario Power Generation is proposing to construct an underground, long-term burial facility for low- and intermediate-level radioactive waste at the Bruce Nuclear Generating Station. This site is less than a mile inland from the shore of Lake Huron; and
Whereas, Placing a permanent nuclear waste burial facility so close to the Great Lakes shoreline is a matter of serious concern for the inhabitants of the Great Lakes states and provinces. A leak or breach of radioactivity from this waste facility could damage the ecology of the lakes. Tens of millions of United States and Canadian citizens depend on the lakes for drinking water, fisheries, tourism, recreation, and other industrial and economic uses; and
Whereas, Michigan recognizes the duty of the legislative branch of government to protect the public health, safety, and welfare of its citizens and the state’s natural resources. Article IV, Section 50, of the Michigan Constitution authorizes the Legislature to regulate atomic energy in view of the safety and general welfare of the people. Article IV, Section 51, declares that the public health and general welfare of the people of the state are matters of primary public concern, while Article IV, Section 52, requires the Legislature to provide for the protection of the air, water, and other natural resources of the state from pollution, impairment, and destruction; and
Whereas, The Michigan Legislature has recognized the inherent dangers of siting a radioactive waste storage facility near the shores of the Great Lakes. Under Public Act 204 of 1987, the final siting criteria for a radioactive waste facility containing the same types of waste as would be stored at the proposed Ontario repository includes a prohibition on siting it within 10 miles of one of the Great Lakes, the Saint Mary’s River, Detroit River, St. Clair River, or Lake St. Clair; and
Whereas, The Great Lakes Water Quality Agreement (GLWQA) is a binational agreement to address critical environmental health issues in the Great Lakes region with the overall purpose of restoring and maintaining the chemical, physical, and biological integrity of the Great Lakes. Article 6 of the GLWQA acknowledges the importance of anticipating, preventing, and responding to threats to the Great Lakes and recognizes that a nuclear waste facility sited close to the Great Lakes shoreline could lead to a pollution incident or could have a significant cumulative impact on the waters of the Great Lakes; and
Whereas, The 1909 Boundary Waters Treaty recognizes the immense importance of the Great Lakes as a shared resource between the United States and Canada. The wisdom of the Treaty drafters is reflected in the creation of the International Joint Commission (IJC), composed of three members from the United States and three members from Canada, to act as impartial watchdogs over the boundary waters between the countries. Under Article IX of the Treaty, questions or matters of difference between the countries involving their rights, obligations, or interests along their common frontier may be referred to the IJC for examination and report, upon the request of either country. Under Article X, the IJC may be asked to make a binding decision on an issue of difference between the two countries, upon the consent and referral by both the United States and Canada; and
Whereas, The IJC has frequently been asked to weigh in on major topics of concern to the Great Lakes region. In 1912, a few years after the Treaty’s ratification, the IJC was asked to examine and report on the extent, causes, and location of pollution in the boundary waters and to recommend remedies and pollution prevention strategies. In 1999, the IJC was asked to study the international export of bulk supplies of Great Lakes water. The IJC provides an objective and international forum to study Great Lakes issues that affect both countries; now, therefore, be it
Resolved by the House of Representatives, That we urge the United States President, the Secretary of State, and the United States Congress to invoke the participation of the International Joint Commission under Article IX, Article X, or both of the Boundary Waters Treaty to evaluate the proposed underground nuclear waste repository in Ontario, Canada and similar facilities; and be it further
Resolved, That we urge the other Great Lakes states and Canadian provinces to adopt appropriate regulations to protect the Great Lakes region from radioactive waste and to petition their respective federal governments to engage the IJC under Article IX, Article X, or both of the Boundary Waters Treaty to evaluate the proposed underground nuclear waste repository in Ontario, Canada and similar facilities; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the United States Secretary of State, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the governors or premiers and the legislative majority leaders in Illinois, Indiana, Minnesota, New York, Ohio, Pennsylvania, Wisconsin, Ontario, and Quebec.
The resolution was referred to the Committee on Energy and Technology.
Reps. LaFontaine, Kelly, Lyons, Heise, Kivela, Lauwers, Brown, Daley, Pagel, Barnett, Cotter, Crawford, Darany, Denby, Driskell, Geiss, Hooker, Jacobsen and LaVoy offered the following concurrent resolution:
House Concurrent Resolution No. 29.
A concurrent resolution urging the United States President to request that the Secretary of State invoke the participation of the International Joint Commission under Article IX, Article X, or both of the Boundary Waters Treaty to evaluate the proposed underground nuclear waste repository in Ontario, Canada and similar facilities and urging the United States Congress to support the request.
Whereas, Ontario Power Generation is proposing to construct an underground, long-term burial facility for low- and intermediate-level radioactive waste at the Bruce Nuclear Generating Station. This site is less than a mile inland from the shore of Lake Huron; and
Whereas, Placing a permanent nuclear waste burial facility so close to the Great Lakes shoreline is a matter of serious concern for the inhabitants of the Great Lakes states and provinces. A leak or breach of radioactivity from this waste facility could damage the ecology of the lakes. Tens of millions of United States and Canadian citizens depend on the lakes for drinking water, fisheries, tourism, recreation, and other industrial and economic uses; and
Whereas, Michigan recognizes the duty of the legislative branch of government to protect the public health, safety, and welfare of its citizens and the state’s natural resources. Article IV, Section 50, of the Michigan Constitution authorizes the Legislature to regulate atomic energy in view of the safety and general welfare of the people. Article IV, Section 51, declares that the public health and general welfare of the people of the state are matters of primary public concern, while Article IV, Section 52, requires the Legislature to provide for the protection of the air, water, and other natural resources of the state from pollution, impairment, and destruction; and
Whereas, The Michigan Legislature has recognized the inherent dangers of siting a radioactive waste storage facility near the shores of the Great Lakes. Under Public Act 204 of 1987, the final siting criteria for a radioactive waste facility containing the same types of waste as would be stored at the proposed Ontario repository includes a prohibition on siting it within 10 miles of one of the Great Lakes, the Saint Mary’s River, Detroit River, St. Clair River, or Lake St. Clair; and
Whereas, The Great Lakes Water Quality Agreement (GLWQA) is a binational agreement to address critical environmental health issues in the Great Lakes region with the overall purpose of restoring and maintaining the chemical, physical, and biological integrity of the Great Lakes. Article 6 of the GLWQA acknowledges the importance of anticipating, preventing, and responding to threats to the Great Lakes and recognizes that a nuclear waste facility sited close to the Great Lakes shoreline could lead to a pollution incident or could have a significant cumulative impact on the waters of the Great Lakes; and
Whereas, The 1909 Boundary Waters Treaty recognizes the immense importance of the Great Lakes as a shared resource between the United States and Canada. The wisdom of the Treaty drafters is reflected in the creation of the International Joint Commission (IJC), composed of three members from the United States and three members from Canada, to act as impartial watchdogs over the boundary waters between the countries. Under Article IX of the Treaty, questions or matters of difference between the countries involving their rights, obligations, or interests along their common frontier may be referred to the IJC for examination and report, upon the request of either country. Under Article X, the IJC may be asked to make a binding decision on an issue of difference between the two countries, upon the consent and referral by both the United States and Canada; and
Whereas, The IJC has frequently been asked to weigh in on major topics of concern to the Great Lakes region. In 1912, a few years after the Treaty’s ratification, the IJC was asked to examine and report on the extent, causes, and location of pollution in the boundary waters and to recommend remedies and pollution prevention strategies. In 1999, the IJC was asked to study the international export of bulk supplies of Great Lakes water. The IJC provides an objective and international forum to study Great Lakes issues that affect both countries; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we urge the United States President to request that the Secretary of State invoke the participation of the International Joint Commission under Article IX, Article X, or both of the Boundary Waters Treaty to evaluate the proposed underground nuclear waste repository in Ontario, Canada and similar facilities and we urge the United States Congress to support the request; and be it further
Resolved, That we urge the other Great Lakes states and Canadian provinces to adopt appropriate regulations to protect the Great Lakes region from radioactive waste and to petition their respective federal governments to engage the IJC under Article IX, Article X, or both of the Boundary Waters Treaty to evaluate the proposed underground nuclear waste repository in Ontario, Canada and similar facilities; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the United States Secretary of State, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the governors or premiers and the legislative majority leaders in Illinois, Indiana, Minnesota, New York, Ohio, Pennsylvania, Wisconsin, Ontario, and Quebec.
The concurrent resolution was referred to the Committee on Energy and Technology.
Reps. Lauwers, Daley, Muxlow, Brown, Pagel, Lyons, Barnett, Cotter, Crawford, Darany, Denby, Driskell, Geiss, Heise, Hooker and LaVoy offered the following concurrent resolution:
House Concurrent Resolution No. 30.
A concurrent resolution to urge the Great Lakes Commission to study and take a formal position on the proposed underground nuclear waste repository in Ontario, Canada and to study the potential impacts of this facility and similar facilities on the Great Lakes and on the people that depend on the lakes.
Whereas, The Great Lakes Commission is a public agency established by the Great Lakes Basin Compact in 1955 to speak as a unified voice for the Great Lakes states and provinces in their mission for a healthy and vibrant Great Lakes region. The Commission takes positions on issues of regional importance. These science-based positions are built on collaboration with others and encourage regional economic prosperity and environmental protection; and
Whereas, The proposal by Ontario Power Generation to construct an underground, long-term burial facility for low- and intermediate-level radioactive waste at the Bruce Nuclear Generating Station, which is less than a mile from the shore of Lake Huron, is a regionally important issue. Placing a permanent nuclear waste burial facility so close to the Great Lakes shoreline is a matter of serious concern for the inhabitants of the Great Lakes states and provinces. A leak or breach of radioactivity from this waste facility could damage the ecology of the lakes. Tens of millions of United States and Canadian citizens depend on the lakes for drinking water, fisheries, tourism, recreation, and other industrial and economic uses; and
Whereas, We are concerned about this proposed radioactive waste facility and the siting of any such facility so near the Great Lakes. Under Michigan’s Constitution, it is the duty of the legislative branch of government to protect the state’s natural resources in the interest of the public health, safety, and welfare of Michigan’s citizens; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we urge the Great Lakes Commission to study and take a formal position on the proposed underground nuclear waste repository in Ontario, Canada and to the potential impacts of this facility and similar facilities on the Great Lakes and on the people that depend on the lakes; and be it further
Resolved, That copies of this resolution be transmitted to the Board of Directors and Executive Director of the Great Lakes Commission, the members of the Michigan delegation to the Great Lakes Commission, and the commissioners of the International Joint Commission.
The concurrent resolution was referred to the Committee on Energy and Technology.
Second Reading of Bills
House Bill No. 4649, entitled
A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 3 (MCL 722.953) and by adding section 8a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families, Children, and Seniors,
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. Slavens moved to amend the bill as follows:
1. Amend page 2, line 21, by striking out all of subdivision (B) and inserting:
“(B) TREATMENT BY THE SUPERVISING AGENCY THAT DOES NOT DISCRIMINATE BASED ON RELIGION, RACE, COLOR, CREED, GENDER ORIENTATION, NATIONAL ORIGIN, AGE, MARITAL STATUS, OR PHYSICAL HANDICAP IN MATTERS CONCERNING LICENSING FOSTER CARE PARENTS OR PLACING CHILDREN IN FOSTER CARE.”.
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. 4650, entitled
A bill to amend 1994 PA 204, entitled “The children’s ombudsman act,” by amending sections 2, 5a, and 6 (MCL 722.922, 722.925a, and 722.926), sections 2 and 6 as amended and section 5a as added by 2004 PA 560.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Families, Children, and Seniors,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Glardon moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 114, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34d (MCL 211.34d), as amended by 2014 PA 18.
The bill was read a second time.
Rep. Farrington 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. Lyons moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 418, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1202 (MCL 500.1202), as amended by 2012 PA 552.
The bill was read a second time.
Rep. Lyons moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 92, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16333, 17703, 17705, 17707, 17711, 17721, and 17731 (MCL 333.16333, 333.17703, 333.17705, 333.17707, 333.17711, 333.17721, and 333.17731), section 16333 as added by 1993 PA 80, section 17703 as amended by 2012 PA 209, section 17705 as amended by 1986 PA 304, section 17707 as amended by 1990 PA 333, sections 17711 and 17721 as amended by 2006 PA 390, and section 17731 as amended by 1994 PA 234, and by adding sections 17739, 17739a, 17739b, and 17739c.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Graves 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. Lyons moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 472, entitled
A bill to amend 1990 PA 345, entitled “State survey and remonumentation act,” by amending the title and sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 (MCL 54.262, 54.263, 54.264, 54.266, 54.267, 54.268, 54.269, 54.270, 54.271, 54.272, 54.273, 54.274, 54.275, 54.276, and 54.277), sections 2 and 12 as amended by 2010 PA 260, section 6 as amended by 1998 PA 5, section 8 as amended by 2002 PA 489, and section 11 as amended by 2006 PA 76, and by adding sections 9a, 9b, and 17a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Local Government,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Stamas 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. Lyons moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5404, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20919 and 20965 (MCL 333.20919 and 333.20965), section 20919 as amended by 2006 PA 582 and section 20965 as amended by 2000 PA 375.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 46, p. 850),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Crawford moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5405, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 7422 and 17744c.
The bill was read a second time.
Rep. Forlini moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5406, entitled
A bill to amend 1963 PA 17, entitled “An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health,” (MCL 691.1501 to 691.1507) by adding section 3.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 46, p. 851),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Forlini moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5407, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 1106, 17745, 17751, 17754, and 17757 (MCL 333.1106, 333.17745, 333.17751, 333.17754, and 333.17757), section 1106 as amended by 2000 PA 58, sections 17745, 17751, and 17757 as amended by 2013 PA 186, and section 17754 as amended by 2013 PA 268, and by adding sections 7421 and 17744b.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 46, p. 851),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Forlini moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5457, 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,” by amending section 4 (MCL 45.504), as amended by 1980 PA 7.
The bill was read a second time.
Rep. LaFontaine moved to amend the bill as follows:
1. Amend page 2, line 5, by striking out “NOT MORE THAN 35” and inserting “13 TO 35”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Lane moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5361, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40111 and 81133 (MCL 324.40111 and 324.81133), section 40111 as amended by 2012 PA 340 and section 81133 as amended by 2013 PA 249.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Smiley moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5571, entitled
A bill to amend 2010 PA 296, entitled “Art institute authorities act,” by amending section 17 (MCL 123.1217).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Detroit’s Recovery and Michigan’s Future,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Singh moved to amend the bill as follows:
1. Amend page 1, line 1, after “(1)” by striking out “SUBJECT TO SUBSECTION (4), AN” and inserting “An”.
2. Amend page 2, line 15, by striking out all of subsection (4).
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Goike moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5576, entitled
A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending section 10 (MCL 423.240).
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Detroit’s Recovery and Michigan’s Future,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Haveman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5567, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” (MCL 117.1 to 117.38) by adding sections 4s and 4t.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Detroit’s Recovery and Michigan’s Future,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Shirkey moved to amend the bill as follows:
1. Amend page 8, line 9, after “(i)” by striking out “ALL CONTRACTS” and inserting “WITHIN 30 DAYS OF THE CONTRACT AWARD, EACH CONTRACT”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Kivela moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5568, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 4i (MCL 117.4i), as amended by 2012 PA 7, and by adding section 4p.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Detroit’s Recovery and Michigan’s Future,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. McMillin moved to amend the bill as follows:
1. Amend page 5, line 1, after “4I,” by striking out the balance of the subsection and inserting “THE CITY SHALL ONLY OFFER A DEFINED CONTRIBUTION PLAN FOR AN EMPLOYEE FIRST HIRED BY THE CITY AFTER JULY 1, 2023.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Haines moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5569, entitled
A bill to amend 2011 PA 152, entitled “Publicly funded health insurance contribution act,” by amending section 8 (MCL 15.568), as amended by 2013 PA 273.
The bill was read a second time.
Rep. LaFontaine moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5570, entitled
A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending sections 12e and 13 (MCL 38.1132e and 38.1133), section 12e as added by 1996 PA 485 and section 13 as amended by 2012 PA 347, and by adding section 13g.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Detroit’s Recovery and Michigan’s Future,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Yonker moved to amend the bill as follows:
1. Amend page 2, line 16, after “PLAN” by striking out “OF” and inserting “FOR”.
2. Amend page 18, line 23, after “A” by striking out “QUALIFIED SYSTEM” and inserting “LARGE SPONSORED SYSTEM”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Geiss moved to amend the bill as follows:
1. Amend page 13, following line 2, by inserting:
“(14) SUBJECT TO SECTION 13G, AN INVESTMENT FIDUCIARY OF A LARGE SPONSORED SYSTEM THAT INVESTS OR HAS INVESTED IN A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY, REGULATED UNDER CHAPTER 3 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.11101 TO 324.12117, IS SUBJECT TO ALL OF THE FOLLOWING:
(A) THE INVESTMENT FIDUCIARY SHALL NOT MAKE ADDITIONAL INVESTMENTS IN THE FACILITY.
(B) IF THE TITLE OF THE FACILITY REVERTS TO THE LARGE SPONSORED SYSTEM, THE INVESTMENT FIDUCIARY SHALL ASSURE THAT THE FACILITY IS PROPERLY CLOSED, UNDER APPLICABLE LAW, AND SHALL NOT SELL THE FACILITY OR PROPERTY ON WHICH IT IS LOCATED FOR THE PURPOSE OF BEING A HAZARDOUS WASTE DEEP DISPOSAL WELL.
(C) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY OR THE PROPERTY ON WHICH IT IS LOCATED, AND THE MORTGAGOR DEFAULTS ON THE MORTGAGE, UNDER THE TERMS OF THE MORTGAGE OR RELATED LOAN, ALL OF THE FOLLOWING APPLY:
(i) THE INVESTMENT FIDUCIARY SHALL NOT MODIFY THE TERMS OF THE MORTGAGE.
(ii) THE INVESTMENT FIDUCIARY SHALL STRICTLY ENFORCE ITS REMEDIES UNDER THE UNDERLYING LOAN DOCUMENT, INCLUDING THE OBLIGATION TO INSTITUTE A FORECLOSURE ACTION ON THE MORTGAGE.
(D) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY, THE INVESTMENT FIDUCIARY SHALL NOT AGREE TO THE MORTGAGOR’S ASSIGNING ITS INTEREST TO ANOTHER PARTY.
(E) THE INVESTMENT COMMITTEE AND THE STATE TREASURER SHALL ENFORCE AND ENSURE COMPLIANCE WITH THIS SUBSECTION.
(F) THE INVESTMENT FIDUCIARY SHALL PROVIDE ALL NECESSARY DOCUMENTS EVIDENCING COMPLIANCE WITH THIS SUBSECTION TO THE INVESTMENT COMMITTEE AND THE STATE TREASURER UNTIL THE EARLIER OF THE FOLLOWING:
(i) THE REPAYMENT IN FULL OF THE LOAN SECURED BY THE MORTGAGE.
(ii) THE PROPERTY IS DISPOSED OF IN ACCORDANCE WITH THIS SUBSECTION.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Shirkey moved to amend the bill as follows:
1. Amend page 7, following line 19, by inserting:
“(J) AN INVESTMENT FIDUCIARY OF A LARGE SPONSORED SYSTEM SHALL SUBMIT A SUMMARY ANNUAL REPORT DESCRIBED IN SUBDIVISION (I) TO THE FINANCIAL REVIEW COMMISSION CREATED UNDER THE MICHIGAN FINANCIAL REVIEW COMMISSION ACT.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Yonker moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5572, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 353 (MCL 18.1353), as amended by 1999 PA 8.
The bill was read a second time.
Rep. Olumba moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5573, entitled
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 7 (MCL 12.257), as amended by 2009 PA 183.
The bill was read a second time.
Rep. Talabi 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
Messages from the Senate
The Speaker laid before the House
House Bill No. 5191, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 81133 and 81147 (MCL 324.81133 and 324.81147), section 81133 as amended by 2013 PA 249 and section 81147 as amended by 2013 PA 119.
(The bill was received from the Senate on May 15, with substitute (S-3), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 20, see House Journal No. 46, p. 855.)
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
Rep. McBroom moved to amend the Senate substitute (S-3) as follows:
1. Amend page 8, line 5, after “THAN” by striking out the balance of the line through “OR” on line 6 and renumbering the remaining subparagraph.
The motion did not prevail and the amendment was 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. 272 Yeas—101
Abed Genetski Lane Pscholka
Banks Glardon Lauwers Rendon
Barnett Goike LaVoy Robinson
Bolger Graves Leonard Rogers
Brinks Greimel Lori Santana
Brown Haines Lund Schmidt
Brunner Haugh Lyons Schor
Bumstead Haveman MacGregor Segal
Callton Heise MacMaster Shirkey
Cavanagh Hobbs McBroom Singh
Clemente Hooker McCann Slavens
Cochran Howrylak McCready Smiley
Cotter Irwin McMillin Somerville
Crawford Jacobsen Muxlow Stallworth
Daley Jenkins Nesbitt Stamas
Denby Johnson O’Brien Stanley
Dianda Kandrevas Oakes Switalski
Dillon Kelly Olumba Tlaib
Driskell Kesto Outman VerHeulen
Durhal Kivela Pagel Victory
Faris Knezek Pettalia Walsh
Farrington Kosowski Phelps Yanez
Forlini Kowall Poleski Yonker
Foster Kurtz Potvin Zemke
Franz Lamonte Price Zorn
Geiss
Nays—9
Darany Lipton Roberts Talabi
Hovey-Wright Nathan Rutledge Townsend
LaFontaine
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.
Third Reading of Bills
Rep. Stamas moved that House Bill No. 5571 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5571, entitled
A bill to amend 2010 PA 296, entitled “Art institute authorities act,” by amending section 17 (MCL 123.1217).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 273 Yeas—66
Abed Graves Leonard Pettalia
Bolger Haines Lori Poleski
Brinks Haveman Lund Potvin
Bumstead Heise Lyons Price
Callton Hooker MacGregor Pscholka
Cotter Howrylak MacMaster Rendon
Crawford Jacobsen McBroom Rogers
Daley Jenkins McCready Schmidt
Denby Johnson McMillin Shirkey
Dianda Kelly Muxlow Somerville
Farrington Kesto Nathan Stamas
Forlini Kivela Nesbitt VerHeulen
Foster Kowall O’Brien Victory
Franz Kurtz Olumba Walsh
Genetski LaFontaine Outman Yonker
Glardon Lamonte Pagel Zorn
Goike Lauwers
Nays—44
Banks Faris LaVoy Singh
Barnett Geiss Lipton Slavens
Brown Greimel McCann Smiley
Brunner Haugh Oakes Stallworth
Cavanagh Hobbs Phelps Stanley
Clemente Hovey-Wright Roberts Switalski
Cochran Irwin Robinson Talabi
Darany Kandrevas Rutledge Tlaib
Dillon Knezek Santana Townsend
Driskell Kosowski Schor Yanez
Durhal Lane Segal Zemke
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.
______
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 voted no on the package of bills that dealt with the Detroit Bankruptcy due to the following reasons:
1) Governor Snyder violated the Michigan Constitution by filling for bankruptcy for the City of Detroit.
2) The Detroit Police and Fire Pension system has lost over $40 million in a failed Hazardous Waste Deep Disposal Well in Romulus, Michigan.
Article IX, Section 24 of the Michigan Constitution contains clear language on Public pension plans and retirement systems.
‘The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.’
By taking Detroit into Bankruptcy, the Governor violated the Constitution he was sworn to uphold.
In addition, I attempted to have an amendment added to HB5570 which would have ended the failed investment of the Detroit Police and Fire Pension Board in the Hazardous Waste Deep Disposal Well located in Romulus, Michigan. After working with the Governor’s office for four months, talking with the Mayor of Detroit, Detroit Council Members, and my colleagues, my amendment to restrict any future investment in the hazardous well was gaveled down by the Speaker without any vote of the members.
For over 20 years, my communities of Romulus and Taylor have spent millions of dollars fighting the Detroit Police and Fire Pension System and their attempts to inject dangerous chemicals below our homes. This failed investment represents 25% of the money the State is sending to Detroit in this package of bills.
If we are to move forward as a region, these wells must be closed down.
My amendment would have done just that:
Please see the following for modifications to the amendment:
1. Amend page 13, following line 2, by inserting:
‘(14) SUBJECT TO SECTION 13G, AN INVESTMENT FIDUCIARY OF A LARGE SPONSORED SYSTEM THAT INVESTS OR HAS INVESTED IN A HAZARDOUS WASTE DEEP DISPOSAL WELL, REGULATED UNDER CHAPTER 3 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.11101 TO 324.12117, IS SUBJECT TO ALL OF THE FOLLOWING:
(A) THE INVESTMENT FIDUCIARY SHALL NOT MAKE ADDITIONAL INVESTMENTS IN THE FACILITY.
(B) IF THE TITLE OF THE FACILITY REVERTS TO THE LARGE SPONSORED SYSTEM, THE INVESTMENT FIDUCIARY SHALL ASSURE THAT THE FACILITY IS PROPERLY CLOSED, PURSUANT TO APPLICABLE STATUTES, AND SHALL NOT SELL THE FACILITY OR PROPERTY ON WHICH IT IS LOCATED FOR THE PURPOSE OF BEING A HAZARDOUS WASTE DEEP DISPOSAL WELL.
(C) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY OR THE PROPERTY ON WHICH ONE IS LOCATED, AND THE MORTGAGOR DEFAULTS ON THE MORTGAGE, UNDER THE TERMS OF THE MORTGAGE OR RELATED LOAN, ALL OF THE FOLLOWING APPLY:
(i) THE INVESTMENT FIDUCIARY SHALL NOT MODIFY THE TERMS OF THE MORTGAGE.
(ii) THE INVESTMENT FIDUCIARY SHALL STRICTLY ENFORCE ITS REMEDIES UNDER THE UNDERLYING LOAN DOCUMENT, INCLUDING THE OBLIGATION TO INSTITUTE A FORECLOSURE ACTION ON THE MORTGAGE.
(D) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY, THE INVESTMENT FIDUCIARY SHALL NOT AGREE TO THE MORTGAGOR’S ASSIGNING ITS INTEREST TO ANOTHER PARTY.
(E) THE INVESTMENT COMMITTEE AND THE STATE TREASURER HAVE THE OBLIGATION TO ENFORCE AND ENSURE COMPLIANCE WITH THIS SECTION.
(F) THE INVESTMENT FIDUCIARY SHALL PROVIDE ALL NECESSARY DOCUMENTS EVIDENCING COMPLIANCE WITH THIS SECTION TO THE INVESTMENT COMMITTEE AND THE STATE TREASURER UNTIL THE THE EARLIER OF THE FOLLOWING:
(i) REPAYMENT IN FULL OF THE LOAN SECURED BY THE MORTGAGE.
(ii) THE PROPERTY IS DISPOSED OF IN ACCORDANCE WITH THIS SUBSECTION.’”
House Bill No. 5082, entitled
A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” (MCL 722.21 to 722.31) by adding section 7c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 274 Yeas—106
Abed Genetski Lane Roberts
Banks Glardon Lauwers Rogers
Barnett Goike LaVoy Rutledge
Bolger Graves Leonard Santana
Brinks Greimel Lipton Schmidt
Brown Haines Lori Schor
Brunner Haugh Lund Segal
Bumstead Haveman Lyons Shirkey
Callton Heise MacGregor Singh
Cavanagh Hobbs MacMaster Slavens
Clemente Hooker McCann Smiley
Cochran Hovey-Wright McCready Somerville
Cotter Howrylak McMillin Stallworth
Crawford Irwin Muxlow Stamas
Daley Jacobsen Nesbitt Stanley
Darany Jenkins O’Brien Switalski
Denby Johnson Oakes Talabi
Dianda Kandrevas Olumba Tlaib
Dillon Kelly Outman Townsend
Driskell Kesto Pagel VerHeulen
Durhal Kivela Pettalia Victory
Faris Knezek Phelps Walsh
Farrington Kosowski Poleski Yanez
Forlini Kowall Price Yonker
Foster Kurtz Pscholka Zemke
Franz LaFontaine Rendon Zorn
Geiss Lamonte
Nays—4
McBroom Nathan Potvin Robinson
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.
______
Associate Speaker Pro Tempore O’Brien called Associate Speaker Pro Tempore Cotter to the Chair.
Senate Bill No. 714, entitled
A bill to adopt the uniform collaborative law act; to allow parties to agree to a collaborative alternative dispute resolution process as an alternative to litigation; 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. 275 Yeas—101
Abed Genetski Lane Roberts
Banks Glardon Lauwers Rogers
Barnett Goike LaVoy Rutledge
Bolger Graves Leonard Santana
Brinks Greimel Lipton Schmidt
Brown Haines Lori Schor
Brunner Haugh Lund Segal
Bumstead Haveman Lyons Shirkey
Callton Heise MacGregor Singh
Cavanagh Hobbs MacMaster Slavens
Clemente Hovey-Wright McCann Smiley
Cochran Irwin McCready Somerville
Cotter Jacobsen Muxlow Stallworth
Crawford Jenkins Nesbitt Stamas
Daley Johnson O’Brien Stanley
Darany Kandrevas Oakes Switalski
Denby Kelly Olumba Talabi
Dianda Kesto Outman Tlaib
Dillon Kivela Pagel Townsend
Driskell Knezek Pettalia VerHeulen
Durhal Kosowski Phelps Victory
Faris Kowall Poleski Walsh
Farrington Kurtz Price Yanez
Forlini LaFontaine Pscholka Zemke
Foster Lamonte Rendon Zorn
Geiss
Nays—9
Franz McBroom Nathan Robinson
Hooker McMillin Potvin Yonker
Howrylak
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5273, entitled
A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending the title and section 501 (MCL 451.2501) and by adding article 4A.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 276 Yeas—110
Abed Glardon LaVoy Roberts
Banks Goike Leonard Robinson
Barnett Graves Lipton Rogers
Bolger Greimel Lori Rutledge
Brinks Haines Lund Santana
Brown Haugh Lyons Schmidt
Brunner Haveman MacGregor Schor
Bumstead Heise MacMaster Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Singh
Clemente Hovey-Wright McCready Slavens
Cochran Howrylak McMillin Smiley
Cotter Irwin Muxlow Somerville
Crawford Jacobsen Nathan Stallworth
Daley Jenkins Nesbitt Stamas
Darany Johnson O’Brien Stanley
Denby Kandrevas Oakes Switalski
Dianda Kelly Olumba Talabi
Dillon Kesto Outman Tlaib
Driskell Kivela Pagel Townsend
Durhal Knezek Pettalia VerHeulen
Faris Kosowski Phelps Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski Lauwers
Nays—0
In The Chair: Cotter
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 2008 PA 551, entitled “Uniform securities act (2002),” by amending the title and sections 202, 401, and 501 (MCL 451.2202, 451.2401, and 451.2501), section 202 as amended by 2013 PA 264, and by adding article 4A.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 59, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 51102, 51103, 51108, 51113, and 51115 (MCL 324.51102, 324.51103, 324.51108, 324.51113, and 324.51115), sections 51102 and 51115 as added by 1995 PA 57, sections 51103 and 51113 as amended by 2006 PA 383, and section 51108 as amended by 2012 PA 248.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 277 Yeas—107
Abed Glardon LaVoy Roberts
Banks Goike Leonard Rogers
Barnett Graves Lipton Rutledge
Bolger Greimel Lori Santana
Brinks Haines Lund Schmidt
Brown Haugh Lyons Schor
Brunner Haveman MacGregor Segal
Bumstead Heise MacMaster Shirkey
Callton Hobbs McBroom Singh
Cavanagh Hooker McCann Slavens
Clemente Hovey-Wright McCready Smiley
Cochran Howrylak McMillin Somerville
Cotter Jacobsen Muxlow Stallworth
Crawford Jenkins Nathan Stamas
Daley Johnson Nesbitt Stanley
Darany Kandrevas O’Brien Switalski
Denby Kelly Oakes Talabi
Dianda Kesto Olumba Tlaib
Dillon Kivela Outman Townsend
Driskell Knezek Pagel VerHeulen
Durhal Kosowski Pettalia Victory
Faris Kowall Phelps Walsh
Farrington Kurtz Poleski Yanez
Forlini LaFontaine Potvin Yonker
Foster Lamonte Price Zemke
Franz Lane Pscholka Zorn
Genetski Lauwers Rendon
Nays—3
Geiss Irwin Robinson
In The Chair: Cotter
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 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 51108 (MCL 324.51108), as amended by 2013 PA 48.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 680, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30111b (MCL 324.30111b), as added by 2012 PA 56.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 278 Yeas—103
Abed Goike Leonard Rogers
Banks Graves Lipton Rutledge
Bolger Haines Lori Santana
Brinks Haugh Lund Schmidt
Brown Haveman Lyons Schor
Brunner Heise MacGregor Segal
Bumstead Hobbs MacMaster Shirkey
Callton Hooker McBroom Singh
Cavanagh Hovey-Wright McCann Slavens
Cochran Howrylak McCready Smiley
Cotter Jacobsen McMillin Somerville
Crawford Jenkins Muxlow Stallworth
Daley Johnson Nathan Stamas
Darany Kandrevas Nesbitt Stanley
Denby Kelly O’Brien Switalski
Dianda Kesto Oakes Talabi
Dillon Kivela Olumba Tlaib
Driskell Knezek Outman Townsend
Durhal Kosowski Pagel VerHeulen
Farrington Kowall Pettalia Victory
Forlini Kurtz Phelps Walsh
Foster LaFontaine Poleski Yanez
Franz Lamonte Potvin Yonker
Geiss Lane Price Zemke
Genetski Lauwers Pscholka Zorn
Glardon LaVoy Rendon
Nays—7
Barnett Faris Irwin Robinson
Clemente Greimel Roberts
In The Chair: Cotter
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 759, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 42501 (MCL 324.42501), as amended by 2004 PA 325.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 279 Yeas—102
Abed Goike LaVoy Pscholka
Banks Graves Leonard Rendon
Barnett Haines Lipton Rogers
Bolger Haugh Lori Rutledge
Brinks Haveman Lund Santana
Brown Heise Lyons Schmidt
Bumstead Hobbs MacGregor Segal
Callton Hooker MacMaster Shirkey
Cavanagh Hovey-Wright McBroom Singh
Clemente Howrylak McCann Slavens
Cochran Irwin McCready Smiley
Cotter Jacobsen McMillin Somerville
Crawford Jenkins Muxlow Stallworth
Daley Johnson Nathan Stamas
Denby Kandrevas Nesbitt Stanley
Dianda Kelly O’Brien Switalski
Dillon Kesto Oakes Talabi
Driskell Kivela Olumba Townsend
Durhal Knezek Outman VerHeulen
Faris Kosowski Pagel Victory
Farrington Kowall Pettalia Walsh
Forlini Kurtz Phelps Yanez
Foster LaFontaine Poleski Yonker
Franz Lamonte Potvin Zemke
Genetski Lane Price Zorn
Glardon Lauwers
Nays—8
Brunner Geiss Roberts Schor
Darany Greimel Robinson Tlaib
In The Chair: Cotter
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5445, entitled
A bill to create the sexual assault kit evidence submission act; to provide for the collection of sexual assault kit evidence; to prescribe the powers and duties of certain state and local government departments and agencies; to establish certain procedures regarding the collection, handling, and disposition of sexual assault kit evidence; and to prohibit the exclusion of sexual assault kit evidence under certain circumstances.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 280 Yeas—110
Abed Glardon LaVoy Roberts
Banks Goike Leonard Robinson
Barnett Graves Lipton Rogers
Bolger Greimel Lori Rutledge
Brinks Haines Lund Santana
Brown Haugh Lyons Schmidt
Brunner Haveman MacGregor Schor
Bumstead Heise MacMaster Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Singh
Clemente Hovey-Wright McCready Slavens
Cochran Howrylak McMillin Smiley
Cotter Irwin Muxlow Somerville
Crawford Jacobsen Nathan Stallworth
Daley Jenkins Nesbitt Stamas
Darany Johnson O’Brien Stanley
Denby Kandrevas Oakes Switalski
Dianda Kelly Olumba Talabi
Dillon Kesto Outman Tlaib
Driskell Kivela Pagel Townsend
Durhal Knezek Pettalia VerHeulen
Faris Kosowski Phelps Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski Lauwers
Nays—0
In The Chair: Cotter
The House agreed to the title of the bill.
House Bill No. 5317, entitled
A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 5 (MCL 325.1005), as amended by 1998 PA 56.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 281 Yeas—60
Bolger Haines Leonard Poleski
Bumstead Haveman Lori Potvin
Callton Heise Lund Price
Cotter Hooker Lyons Pscholka
Crawford Howrylak MacGregor Rendon
Daley Jacobsen MacMaster Rogers
Denby Jenkins McBroom Schmidt
Farrington Johnson McCready Shirkey
Forlini Kelly McMillin Somerville
Foster Kesto Muxlow Stamas
Franz Kivela Nesbitt VerHeulen
Genetski Kowall O’Brien Victory
Glardon Kurtz Outman Walsh
Goike LaFontaine Pagel Yonker
Graves Lauwers Pettalia Zorn
Nays—50
Abed Durhal LaVoy Segal
Banks Faris Lipton Singh
Barnett Geiss McCann Slavens
Brinks Greimel Nathan Smiley
Brown Haugh Oakes Stallworth
Brunner Hobbs Olumba Stanley
Cavanagh Hovey-Wright Phelps Switalski
Clemente Irwin Roberts Talabi
Cochran Kandrevas Robinson Tlaib
Darany Knezek Rutledge Townsend
Dianda Kosowski Santana Yanez
Dillon Lamonte Schor Zemke
Driskell Lane
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5318, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 13g.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 282 Yeas—81
Abed Glardon Lamonte Pagel
Bolger Goike Lane Pettalia
Brinks Graves Lauwers Poleski
Brown Greimel Leonard Potvin
Brunner Haines Lori Price
Bumstead Haugh Lund Pscholka
Callton Haveman Lyons Rendon
Cotter Heise MacGregor Rogers
Crawford Hooker MacMaster Schmidt
Daley Howrylak McBroom Schor
Darany Jacobsen McCann Shirkey
Denby Jenkins McCready Smiley
Dianda Johnson McMillin Somerville
Dillon Kelly Muxlow Stamas
Driskell Kesto Nathan Stanley
Faris Kivela Nesbitt VerHeulen
Farrington Kosowski O’Brien Victory
Forlini Kowall Oakes Walsh
Foster Kurtz Olumba Yonker
Franz LaFontaine Outman Zorn
Genetski
Nays—29
Banks Hovey-Wright Roberts Stallworth
Barnett Irwin Robinson Switalski
Cavanagh Kandrevas Rutledge Talabi
Clemente Knezek Santana Tlaib
Cochran LaVoy Segal Townsend
Durhal Lipton Singh Yanez
Geiss Phelps Slavens Zemke
Hobbs
In The Chair: Cotter
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.
Senate Bill No. 476, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 303a (MCL 339.303a), as amended by 2006 PA 489; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 283 Yeas—106
Abed Genetski Lauwers Rendon
Banks Goike LaVoy Roberts
Barnett Graves Leonard Rogers
Bolger Greimel Lipton Rutledge
Brinks Haines Lori Santana
Brown Haugh Lund Schmidt
Brunner Haveman Lyons Schor
Bumstead Heise MacGregor Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Slavens
Clemente Hovey-Wright McCready Smiley
Cochran Howrylak McMillin Somerville
Cotter Irwin Muxlow Stallworth
Crawford Jacobsen Nathan Stamas
Daley Jenkins Nesbitt Stanley
Darany Johnson O’Brien Switalski
Denby Kandrevas Oakes Talabi
Dianda Kelly Olumba Tlaib
Dillon Kesto Outman Townsend
Driskell Kivela Pagel VerHeulen
Durhal Knezek Pettalia Victory
Faris Kosowski Phelps Walsh
Farrington Kowall Poleski Yanez
Forlini Kurtz Potvin Yonker
Foster LaFontaine Price Zemke
Franz Lamonte Pscholka Zorn
Geiss Lane
Nays—4
Glardon MacMaster Robinson Singh
In The Chair: Cotter
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 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” by repealing article 29 (MCL 339.2901 to 339.2919).
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 477, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by repealing section 28 (MCL 338.2228).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 284 Yeas—105
Abed Genetski Lane Pscholka
Banks Goike Lauwers Rendon
Barnett Graves LaVoy Roberts
Bolger Greimel Leonard Rogers
Brinks Haines Lipton Rutledge
Brown Haugh Lori Schmidt
Brunner Haveman Lund Schor
Bumstead Heise Lyons Segal
Callton Hobbs MacGregor Shirkey
Cavanagh Hooker McBroom Slavens
Clemente Hovey-Wright McCann Smiley
Cochran Howrylak McCready Somerville
Cotter Irwin McMillin Stallworth
Crawford Jacobsen Muxlow Stamas
Daley Jenkins Nathan Stanley
Darany Johnson Nesbitt Switalski
Denby Kandrevas O’Brien Talabi
Dianda Kelly Oakes Tlaib
Dillon Kesto Olumba Townsend
Driskell Kivela Outman VerHeulen
Durhal Knezek Pagel Victory
Faris Kosowski Pettalia Walsh
Farrington Kowall Phelps Yanez
Forlini Kurtz Poleski Yonker
Foster LaFontaine Potvin Zemke
Franz Lamonte Price Zorn
Geiss
Nays—5
Glardon Robinson Santana Singh
MacMaster
In The Chair: Cotter
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the establishment and collection of fees for the investigation, regulation, and enforcement of certain occupations and professions, and for certain agencies and businesses; to create certain funds for certain purposes; and to prescribe certain powers and duties of certain state agencies and departments,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 479, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 411 (MCL 339.411), as amended by 2008 PA 309; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 285 Yeas—104
Abed Genetski Lane Price
Banks Glardon Lauwers Pscholka
Bolger Goike LaVoy Rendon
Brinks Graves Leonard Roberts
Brown Greimel Lipton Rogers
Brunner Haines Lori Rutledge
Bumstead Haugh Lund Schmidt
Callton Haveman Lyons Schor
Cavanagh Heise MacGregor Segal
Clemente Hobbs MacMaster Shirkey
Cochran Hooker McBroom Slavens
Cotter Hovey-Wright McCann Smiley
Crawford Howrylak McCready Somerville
Daley Jacobsen McMillin Stallworth
Darany Jenkins Muxlow Stamas
Denby Johnson Nathan Stanley
Dianda Kandrevas Nesbitt Switalski
Dillon Kelly O’Brien Talabi
Driskell Kesto Oakes Tlaib
Durhal Kivela Olumba Townsend
Faris Knezek Outman VerHeulen
Farrington Kosowski Pagel Victory
Forlini Kowall Pettalia Walsh
Foster Kurtz Phelps Yanez
Franz LaFontaine Poleski Yonker
Geiss Lamonte Potvin Zorn
Nays—6
Barnett Robinson Singh Zemke
Irwin Santana
In The Chair: Cotter
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 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” by amending sections 303a and 411 (MCL 339.303a and 339.411), section 303a as amended by 2006 PA 489 and section 411 as amended by 2008 PA 309.
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.
Second Reading of Bills
House Bill No. 5566, entitled
A bill to create the oversight commission act; to provide for the operation of certain commissions; to create funds and accounts; to prescribe the powers and duties of certain commissions, the state treasurer, certain other state officials and state employees, and certain local officials; to provide for the dissolution of certain commissions; and to make certain appropriations.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Detroit’s Recovery and Michigan’s Future,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Walsh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5574, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 358 (MCL 18.1358), as amended by 2002 PA 504.
The bill was read a second time.
Rep. Stallworth moved to amend the bill as follows:
1. Amend page 2, line 22, by striking out “HEREBY TRANSFERRED AND APPROPRIATED” and inserting “TRANSFERRED”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Nathan moved to amend the bill as follows:
1. Amend page 2, line 21, by striking out all of subsection (6) and inserting:
“(6) FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014, THERE IS HEREBY TRANSFERRED AND APPROPRIATED $220,000,000.00 FROM THE FUND TO THE DEPARTMENT FOR A LOAN PROGRAM FOR CITIES WITH A POPULATION OF MORE THAN 600,000. A LOAN UNDER THIS SUBSECTION SHALL BE USED TO ASSIST CITIES WITH A POPULATION OF MORE THAN 600,000 WITH THE PAYMENT OF PENSION AND RETIREMENT OBLIGATIONS. THE TERMS OF THE LOAN AND THE INTEREST RATE SHALL BE DETERMINED BY THE STATE TREASURER.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Stallworth moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5575, entitled
A bill to create the Michigan settlement administration authority; to provide for the operation of the authority; to create certain funds; to authorize the resolution of certain potential claims against the state; and to prescribe the powers and duties of the authority and certain other state officials and state employees.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Detroit’s Recovery and Michigan’s Future,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Stallworth moved to amend the bill as follows:
1. Amend page 4, line 3, by striking out “hereby transferred and”.
2. Amend page 4, line 4, by striking out “countercyclical budget and economic stabilization fund to the”.
3. Amend page 4, line 5, after “fund” by inserting “to be used only as provided in this act”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Durhal 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. 5566 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5566, entitled
A bill to create the oversight commission act; to provide for the operation of certain commissions; to create funds and accounts; to prescribe the powers and duties of certain commissions, the state treasurer, certain other state officials and state employees, and certain local officials; to provide for the dissolution of certain commissions; and to make certain appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 286 Yeas—103
Abed Goike LaVoy Rogers
Banks Graves Leonard Rutledge
Barnett Greimel Lori Santana
Bolger Haines Lund Schmidt
Brinks Haugh Lyons Schor
Brown Haveman MacGregor Segal
Brunner Heise MacMaster Shirkey
Bumstead Hobbs McBroom Singh
Callton Hooker McCann Slavens
Cavanagh Hovey-Wright McCready Smiley
Cochran Howrylak McMillin Somerville
Cotter Jacobsen Muxlow Stallworth
Crawford Jenkins Nesbitt Stamas
Daley Johnson O’Brien Stanley
Darany Kandrevas Oakes Switalski
Denby Kelly Olumba Talabi
Dianda Kesto Outman Tlaib
Dillon Kivela Pagel Townsend
Durhal Knezek Pettalia VerHeulen
Faris Kosowski Phelps Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Genetski Lane Rendon Zorn
Glardon Lauwers Roberts
Nays—7
Clemente Geiss Lipton Robinson
Driskell Irwin Nathan
In The Chair: Cotter
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 create the Michigan financial review commission act; to provide for the operation of certain commissions; to create funds and accounts; to prescribe the powers and duties of certain commissions, the state treasurer, certain other state officials and state employees, and certain local officials; to provide for the dissolution of certain commissions; and to make certain appropriations.
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 voted no on the package of bills that dealt with the Detroit Bankruptcy due to the following reasons:
1) Governor Snyder violated the Michigan Constitution by filling for bankruptcy for the City of Detroit.
2) The Detroit Police and Fire Pension system has lost over $40 million in a failed Hazardous Waste Deep Disposal Well in Romulus, Michigan.
Article IX, Section 24 of the Michigan Constitution contains clear language on Public pension plans and retirement systems.
‘The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.’
By taking Detroit into Bankruptcy, the Governor violated the Constitution he was sworn to uphold.
In addition, I attempted to have an amendment added to HB5570 which would have ended the failed investment of the Detroit Police and Fire Pension Board in the Hazardous Waste Deep Disposal Well located in Romulus, Michigan. After working with the Governor’s office for four months, talking with the Mayor of Detroit, Detroit Council Members, and my colleagues, my amendment to restrict any future investment in the hazardous well was gaveled down by the Speaker without any vote of the members.
For over 20 years, my communities of Romulus and Taylor have spent millions of dollars fighting the Detroit Police and Fire Pension System and their attempts to inject dangerous chemicals below our homes. This failed investment represents 25% of the money the State is sending to Detroit in this package of bills.
If we are to move forward as a region, these wells must be closed down.
My amendment would have done just that:
Please see the following for modifications to the amendment:
1. Amend page 13, following line 2, by inserting:
‘(14) SUBJECT TO SECTION 13G, AN INVESTMENT FIDUCIARY OF A LARGE SPONSORED SYSTEM THAT INVESTS OR HAS INVESTED IN A HAZARDOUS WASTE DEEP DISPOSAL WELL, REGULATED UNDER CHAPTER 3 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.11101 TO 324.12117, IS SUBJECT TO ALL OF THE FOLLOWING:
(A) THE INVESTMENT FIDUCIARY SHALL NOT MAKE ADDITIONAL INVESTMENTS IN THE FACILITY.
(B) IF THE TITLE OF THE FACILITY REVERTS TO THE LARGE SPONSORED SYSTEM, THE INVESTMENT FIDUCIARY SHALL ASSURE THAT THE FACILITY IS PROPERLY CLOSED, PURSUANT TO APPLICABLE STATUTES, AND SHALL NOT SELL THE FACILITY OR PROPERTY ON WHICH IT IS LOCATED FOR THE PURPOSE OF BEING A HAZARDOUS WASTE DEEP DISPOSAL WELL.
(C) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY OR THE PROPERTY ON WHICH ONE IS LOCATED, AND THE MORTGAGOR DEFAULTS ON THE MORTGAGE, UNDER THE TERMS OF THE MORTGAGE OR RELATED LOAN, ALL OF THE FOLLOWING APPLY:
(i) THE INVESTMENT FIDUCIARY SHALL NOT MODIFY THE TERMS OF THE MORTGAGE.
(ii) THE INVESTMENT FIDUCIARY SHALL STRICTLY ENFORCE ITS REMEDIES UNDER THE UNDERLYING LOAN DOCUMENT, INCLUDING THE OBLIGATION TO INSTITUTE A FORECLOSURE ACTION ON THE MORTGAGE.
(D) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY, THE INVESTMENT FIDUCIARY SHALL NOT AGREE TO THE MORTGAGOR’S ASSIGNING ITS INTEREST TO ANOTHER PARTY.
(E) THE INVESTMENT COMMITTEE AND THE STATE TREASURER HAVE THE OBLIGATION TO ENFORCE AND ENSURE COMPLIANCE WITH THIS SECTION.
(F) THE INVESTMENT FIDUCIARY SHALL PROVIDE ALL NECESSARY DOCUMENTS EVIDENCING COMPLIANCE WITH THIS SECTION TO THE INVESTMENT COMMITTEE AND THE STATE TREASURER UNTIL THE THE EARLIER OF THE FOLLOWING:
(i) REPAYMENT IN FULL OF THE LOAN SECURED BY THE MORTGAGE.
(ii) THE PROPERTY IS DISPOSED OF IN ACCORDANCE WITH THIS SUBSECTION.’”
Rep. Stamas moved that House Bill No. 5567 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5567, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” (MCL 117.1 to 117.38) by adding sections 4s and 4t.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 287 Yeas—105
Abed Goike Lauwers Roberts
Banks Graves LaVoy Rogers
Barnett Greimel Leonard Rutledge
Bolger Haines Lori Santana
Brinks Haugh Lund Schmidt
Brown Haveman Lyons Schor
Brunner Heise MacGregor Segal
Bumstead Hobbs MacMaster Shirkey
Callton Hooker McBroom Singh
Cavanagh Hovey-Wright McCann Slavens
Clemente Howrylak McCready Smiley
Cochran Irwin McMillin Somerville
Cotter Jacobsen Muxlow Stallworth
Crawford Jenkins Nesbitt Stamas
Daley Johnson O’Brien Stanley
Darany Kandrevas Oakes Switalski
Denby Kelly Olumba Talabi
Dianda Kesto Outman Tlaib
Dillon Kivela Pagel Townsend
Durhal Knezek Pettalia VerHeulen
Faris Kosowski Phelps Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Genetski Lane Rendon Zorn
Glardon
Nays—5
Driskell Lipton Nathan Robinson
Geiss
In The Chair: Cotter
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. 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 voted no on the package of bills that dealt with the Detroit Bankruptcy due to the following reasons:
1) Governor Snyder violated the Michigan Constitution by filling for bankruptcy for the City of Detroit.
2) The Detroit Police and Fire Pension system has lost over $40 million in a failed Hazardous Waste Deep Disposal Well in Romulus, Michigan.
Article IX, Section 24 of the Michigan Constitution contains clear language on Public pension plans and retirement systems.
‘The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.’
By taking Detroit into Bankruptcy, the Governor violated the Constitution he was sworn to uphold.
In addition, I attempted to have an amendment added to HB5570 which would have ended the failed investment of the Detroit Police and Fire Pension Board in the Hazardous Waste Deep Disposal Well located in Romulus, Michigan. After working with the Governor’s office for four months, talking with the Mayor of Detroit, Detroit Council Members, and my colleagues, my amendment to restrict any future investment in the hazardous well was gaveled down by the Speaker without any vote of the members.
For over 20 years, my communities of Romulus and Taylor have spent millions of dollars fighting the Detroit Police and Fire Pension System and their attempts to inject dangerous chemicals below our homes. This failed investment represents 25% of the money the State is sending to Detroit in this package of bills.
If we are to move forward as a region, these wells must be closed down.
My amendment would have done just that:
Please see the following for modifications to the amendment:
1. Amend page 13, following line 2, by inserting:
‘(14) SUBJECT TO SECTION 13G, AN INVESTMENT FIDUCIARY OF A LARGE SPONSORED SYSTEM THAT INVESTS OR HAS INVESTED IN A HAZARDOUS WASTE DEEP DISPOSAL WELL, REGULATED UNDER CHAPTER 3 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.11101 TO 324.12117, IS SUBJECT TO ALL OF THE FOLLOWING:
(A) THE INVESTMENT FIDUCIARY SHALL NOT MAKE ADDITIONAL INVESTMENTS IN THE FACILITY.
(B) IF THE TITLE OF THE FACILITY REVERTS TO THE LARGE SPONSORED SYSTEM, THE INVESTMENT FIDUCIARY SHALL ASSURE THAT THE FACILITY IS PROPERLY CLOSED, PURSUANT TO APPLICABLE STATUTES, AND SHALL NOT SELL THE FACILITY OR PROPERTY ON WHICH IT IS LOCATED FOR THE PURPOSE OF BEING A HAZARDOUS WASTE DEEP DISPOSAL WELL.
(C) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY OR THE PROPERTY ON WHICH ONE IS LOCATED, AND THE MORTGAGOR DEFAULTS ON THE MORTGAGE, UNDER THE TERMS OF THE MORTGAGE OR RELATED LOAN, ALL OF THE FOLLOWING APPLY:
(i) THE INVESTMENT FIDUCIARY SHALL NOT MODIFY THE TERMS OF THE MORTGAGE.
(ii) THE INVESTMENT FIDUCIARY SHALL STRICTLY ENFORCE ITS REMEDIES UNDER THE UNDERLYING LOAN DOCUMENT, INCLUDING THE OBLIGATION TO INSTITUTE A FORECLOSURE ACTION ON THE MORTGAGE.
(D) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY, THE INVESTMENT FIDUCIARY SHALL NOT AGREE TO THE MORTGAGOR’S ASSIGNING ITS INTEREST TO ANOTHER PARTY.
(E) THE INVESTMENT COMMITTEE AND THE STATE TREASURER HAVE THE OBLIGATION TO ENFORCE AND ENSURE COMPLIANCE WITH THIS SECTION.
(F) THE INVESTMENT FIDUCIARY SHALL PROVIDE ALL NECESSARY DOCUMENTS EVIDENCING COMPLIANCE WITH THIS SECTION TO THE INVESTMENT COMMITTEE AND THE STATE TREASURER UNTIL THE THE EARLIER OF THE FOLLOWING:
(i) REPAYMENT IN FULL OF THE LOAN SECURED BY THE MORTGAGE.
(ii) THE PROPERTY IS DISPOSED OF IN ACCORDANCE WITH THIS SUBSECTION.’”
Rep. Stamas moved that House Bill No. 5568 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5568, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 4i (MCL 117.4i), as amended by 2012 PA 7, and by adding section 4p.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 288 Yeas—85
Abed Graves Leonard Rutledge
Banks Greimel Lori Santana
Bolger Haines Lund Schor
Brinks Haugh Lyons Segal
Brown Haveman McBroom Shirkey
Brunner Heise McCann Singh
Bumstead Hobbs McCready Slavens
Callton Hovey-Wright Muxlow Smiley
Cavanagh Howrylak Nesbitt Stallworth
Cochran Jacobsen O’Brien Stamas
Cotter Jenkins Oakes Stanley
Crawford Johnson Olumba Switalski
Darany Kandrevas Outman Talabi
Denby Kivela Pagel Tlaib
Dianda Knezek Pettalia Townsend
Dillon Kosowski Phelps VerHeulen
Durhal Kowall Poleski Victory
Faris Kurtz Price Walsh
Forlini LaFontaine Pscholka Yanez
Genetski Lamonte Roberts Yonker
Glardon Lane Rogers Zemke
Goike
Nays—25
Barnett Geiss LaVoy Potvin
Clemente Hooker Lipton Rendon
Daley Irwin MacGregor Robinson
Driskell Kelly MacMaster Schmidt
Farrington Kesto McMillin Somerville
Foster Lauwers Nathan Zorn
Franz
In The Chair: Cotter
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. 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 voted no on the package of bills that dealt with the Detroit Bankruptcy due to the following reasons:
1) Governor Snyder violated the Michigan Constitution by filling for bankruptcy for the City of Detroit.
2) The Detroit Police and Fire Pension system has lost over $40 million in a failed Hazardous Waste Deep Disposal Well in Romulus, Michigan.
Article IX, Section 24 of the Michigan Constitution contains clear language on Public pension plans and retirement systems.
‘The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.’
By taking Detroit into Bankruptcy, the Governor violated the Constitution he was sworn to uphold.
In addition, I attempted to have an amendment added to HB5570 which would have ended the failed investment of the Detroit Police and Fire Pension Board in the Hazardous Waste Deep Disposal Well located in Romulus, Michigan. After working with the Governor’s office for four months, talking with the Mayor of Detroit, Detroit Council Members, and my colleagues, my amendment to restrict any future investment in the hazardous well was gaveled down by the Speaker without any vote of the members.
For over 20 years, my communities of Romulus and Taylor have spent millions of dollars fighting the Detroit Police and Fire Pension System and their attempts to inject dangerous chemicals below our homes. This failed investment represents 25% of the money the State is sending to Detroit in this package of bills.
If we are to move forward as a region, these wells must be closed down.
My amendment would have done just that:
Please see the following for modifications to the amendment:
1. Amend page 13, following line 2, by inserting:
‘(14) SUBJECT TO SECTION 13G, AN INVESTMENT FIDUCIARY OF A LARGE SPONSORED SYSTEM THAT INVESTS OR HAS INVESTED IN A HAZARDOUS WASTE DEEP DISPOSAL WELL, REGULATED UNDER CHAPTER 3 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.11101 TO 324.12117, IS SUBJECT TO ALL OF THE FOLLOWING:
(A) THE INVESTMENT FIDUCIARY SHALL NOT MAKE ADDITIONAL INVESTMENTS IN THE FACILITY.
(B) IF THE TITLE OF THE FACILITY REVERTS TO THE LARGE SPONSORED SYSTEM, THE INVESTMENT FIDUCIARY SHALL ASSURE THAT THE FACILITY IS PROPERLY CLOSED, PURSUANT TO APPLICABLE STATUTES, AND SHALL NOT SELL THE FACILITY OR PROPERTY ON WHICH IT IS LOCATED FOR THE PURPOSE OF BEING A HAZARDOUS WASTE DEEP DISPOSAL WELL.
(C) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY OR THE PROPERTY ON WHICH ONE IS LOCATED, AND THE MORTGAGOR DEFAULTS ON THE MORTGAGE, UNDER THE TERMS OF THE MORTGAGE OR RELATED LOAN, ALL OF THE FOLLOWING APPLY:
(i) THE INVESTMENT FIDUCIARY SHALL NOT MODIFY THE TERMS OF THE MORTGAGE.
(ii) THE INVESTMENT FIDUCIARY SHALL STRICTLY ENFORCE ITS REMEDIES UNDER THE UNDERLYING LOAN DOCUMENT, INCLUDING THE OBLIGATION TO INSTITUTE A FORECLOSURE ACTION ON THE MORTGAGE.
(D) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY, THE INVESTMENT FIDUCIARY SHALL NOT AGREE TO THE MORTGAGOR’S ASSIGNING ITS INTEREST TO ANOTHER PARTY.
(E) THE INVESTMENT COMMITTEE AND THE STATE TREASURER HAVE THE OBLIGATION TO ENFORCE AND ENSURE COMPLIANCE WITH THIS SECTION.
(F) THE INVESTMENT FIDUCIARY SHALL PROVIDE ALL NECESSARY DOCUMENTS EVIDENCING COMPLIANCE WITH THIS SECTION TO THE INVESTMENT COMMITTEE AND THE STATE TREASURER UNTIL THE THE EARLIER OF THE FOLLOWING:
(i) REPAYMENT IN FULL OF THE LOAN SECURED BY THE MORTGAGE.
(ii) THE PROPERTY IS DISPOSED OF IN ACCORDANCE WITH THIS SUBSECTION.’”
Rep. Stamas moved that House Bill No. 5569 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5569, entitled
A bill to amend 2011 PA 152, entitled “Publicly funded health insurance contribution act,” by amending section 8 (MCL 15.568), as amended by 2013 PA 273.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 289 Yeas—100
Abed Glardon Lane Pscholka
Banks Goike Lauwers Rendon
Bolger Graves LaVoy Rogers
Brinks Greimel Leonard Rutledge
Brown Haines Lori Santana
Brunner Haugh Lund Schmidt
Bumstead Haveman Lyons Schor
Callton Heise MacGregor Segal
Cavanagh Hobbs MacMaster Shirkey
Clemente Hooker McBroom Singh
Cochran Hovey-Wright McCann Slavens
Cotter Howrylak McCready Smiley
Crawford Jacobsen McMillin Somerville
Daley Jenkins Muxlow Stallworth
Darany Johnson Nesbitt Stamas
Denby Kandrevas O’Brien Stanley
Dianda Kelly Oakes Talabi
Dillon Kesto Olumba Townsend
Durhal Kivela Outman VerHeulen
Faris Knezek Pagel Victory
Farrington Kosowski Pettalia Walsh
Forlini Kowall Phelps Yanez
Foster Kurtz Poleski Yonker
Franz LaFontaine Potvin Zemke
Genetski Lamonte Price Zorn
Nays—10
Barnett Irwin Roberts Switalski
Driskell Lipton Robinson Tlaib
Geiss Nathan
In The Chair: Cotter
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. 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 voted no on the package of bills that dealt with the Detroit Bankruptcy due to the following reasons:
1) Governor Snyder violated the Michigan Constitution by filling for bankruptcy for the City of Detroit.
2) The Detroit Police and Fire Pension system has lost over $40 million in a failed Hazardous Waste Deep Disposal Well in Romulus, Michigan.
Article IX, Section 24 of the Michigan Constitution contains clear language on Public pension plans and retirement systems.
‘The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.’
By taking Detroit into Bankruptcy, the Governor violated the Constitution he was sworn to uphold.
In addition, I attempted to have an amendment added to HB5570 which would have ended the failed investment of the Detroit Police and Fire Pension Board in the Hazardous Waste Deep Disposal Well located in Romulus, Michigan. After working with the Governor’s office for four months, talking with the Mayor of Detroit, Detroit Council Members, and my colleagues, my amendment to restrict any future investment in the hazardous well was gaveled down by the Speaker without any vote of the members.
For over 20 years, my communities of Romulus and Taylor have spent millions of dollars fighting the Detroit Police and Fire Pension System and their attempts to inject dangerous chemicals below our homes. This failed investment represents 25% of the money the State is sending to Detroit in this package of bills.
If we are to move forward as a region, these wells must be closed down.
My amendment would have done just that:
Please see the following for modifications to the amendment:
1. Amend page 13, following line 2, by inserting:
‘(14) SUBJECT TO SECTION 13G, AN INVESTMENT FIDUCIARY OF A LARGE SPONSORED SYSTEM THAT INVESTS OR HAS INVESTED IN A HAZARDOUS WASTE DEEP DISPOSAL WELL, REGULATED UNDER CHAPTER 3 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.11101 TO 324.12117, IS SUBJECT TO ALL OF THE FOLLOWING:
(A) THE INVESTMENT FIDUCIARY SHALL NOT MAKE ADDITIONAL INVESTMENTS IN THE FACILITY.
(B) IF THE TITLE OF THE FACILITY REVERTS TO THE LARGE SPONSORED SYSTEM, THE INVESTMENT FIDUCIARY SHALL ASSURE THAT THE FACILITY IS PROPERLY CLOSED, PURSUANT TO APPLICABLE STATUTES, AND SHALL NOT SELL THE FACILITY OR PROPERTY ON WHICH IT IS LOCATED FOR THE PURPOSE OF BEING A HAZARDOUS WASTE DEEP DISPOSAL WELL.
(C) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY OR THE PROPERTY ON WHICH ONE IS LOCATED, AND THE MORTGAGOR DEFAULTS ON THE MORTGAGE, UNDER THE TERMS OF THE MORTGAGE OR RELATED LOAN, ALL OF THE FOLLOWING APPLY:
(i) THE INVESTMENT FIDUCIARY SHALL NOT MODIFY THE TERMS OF THE MORTGAGE.
(ii) THE INVESTMENT FIDUCIARY SHALL STRICTLY ENFORCE ITS REMEDIES UNDER THE UNDERLYING LOAN DOCUMENT, INCLUDING THE OBLIGATION TO INSTITUTE A FORECLOSURE ACTION ON THE MORTGAGE.
(D) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY, THE INVESTMENT FIDUCIARY SHALL NOT AGREE TO THE MORTGAGOR’S ASSIGNING ITS INTEREST TO ANOTHER PARTY.
(E) THE INVESTMENT COMMITTEE AND THE STATE TREASURER HAVE THE OBLIGATION TO ENFORCE AND ENSURE COMPLIANCE WITH THIS SECTION.
(F) THE INVESTMENT FIDUCIARY SHALL PROVIDE ALL NECESSARY DOCUMENTS EVIDENCING COMPLIANCE WITH THIS SECTION TO THE INVESTMENT COMMITTEE AND THE STATE TREASURER UNTIL THE THE EARLIER OF THE FOLLOWING:
(i) REPAYMENT IN FULL OF THE LOAN SECURED BY THE MORTGAGE.
(ii) THE PROPERTY IS DISPOSED OF IN ACCORDANCE WITH THIS SUBSECTION.’”
Rep. Stamas moved that House Bill No. 5570 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5570, entitled
A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending sections 12e and 13 (MCL 38.1132e and 38.1133), section 12e as added by 1996 PA 485 and section 13 as amended by 2012 PA 347, and by adding section 13g.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 290 Yeas—105
Abed Goike Lauwers Roberts
Banks Graves LaVoy Rogers
Barnett Greimel Leonard Rutledge
Bolger Haines Lori Santana
Brinks Haugh Lund Schmidt
Brown Haveman Lyons Schor
Brunner Heise MacGregor Segal
Bumstead Hobbs MacMaster Shirkey
Callton Hooker McBroom Singh
Cavanagh Hovey-Wright McCann Slavens
Clemente Howrylak McCready Smiley
Cochran Irwin McMillin Somerville
Cotter Jacobsen Muxlow Stallworth
Crawford Jenkins Nesbitt Stamas
Daley Johnson O’Brien Stanley
Darany Kandrevas Oakes Switalski
Denby Kelly Olumba Talabi
Dianda Kesto Outman Tlaib
Dillon Kivela Pagel Townsend
Durhal Knezek Pettalia VerHeulen
Faris Kosowski Phelps Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Genetski Lane Rendon Zorn
Glardon
Nays—5
Driskell Lipton Nathan Robinson
Geiss
In The Chair: Cotter
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 1965 PA 314, entitled “Public employee retirement system investment act,” by amending sections 12c, 13, 13e, and 20m (MCL 38.1132c, 38.1133, 38.1133e, and 38.1140m), sections 12c, 13, and 20m as amended and section 13e as added by 2012 PA 347, and by adding section 13g.
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 voted no on the package of bills that dealt with the Detroit Bankruptcy due to the following reasons:
1) Governor Snyder violated the Michigan Constitution by filling for bankruptcy for the City of Detroit.
2) The Detroit Police and Fire Pension system has lost over $40 million in a failed Hazardous Waste Deep Disposal Well in Romulus, Michigan.
Article IX, Section 24 of the Michigan Constitution contains clear language on Public pension plans and retirement systems.
‘The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.’
By taking Detroit into Bankruptcy, the Governor violated the Constitution he was sworn to uphold.
In addition, I attempted to have an amendment added to HB5570 which would have ended the failed investment of the Detroit Police and Fire Pension Board in the Hazardous Waste Deep Disposal Well located in Romulus, Michigan. After working with the Governor’s office for four months, talking with the Mayor of Detroit, Detroit Council Members, and my colleagues, my amendment to restrict any future investment in the hazardous well was gaveled down by the Speaker without any vote of the members.
For over 20 years, my communities of Romulus and Taylor have spent millions of dollars fighting the Detroit Police and Fire Pension System and their attempts to inject dangerous chemicals below our homes. This failed investment represents 25% of the money the State is sending to Detroit in this package of bills.
If we are to move forward as a region, these wells must be closed down.
My amendment would have done just that:
Please see the following for modifications to the amendment:
1. Amend page 13, following line 2, by inserting:
‘(14) SUBJECT TO SECTION 13G, AN INVESTMENT FIDUCIARY OF A LARGE SPONSORED SYSTEM THAT INVESTS OR HAS INVESTED IN A HAZARDOUS WASTE DEEP DISPOSAL WELL, REGULATED UNDER CHAPTER 3 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.11101 TO 324.12117, IS SUBJECT TO ALL OF THE FOLLOWING:
(A) THE INVESTMENT FIDUCIARY SHALL NOT MAKE ADDITIONAL INVESTMENTS IN THE FACILITY.
(B) IF THE TITLE OF THE FACILITY REVERTS TO THE LARGE SPONSORED SYSTEM, THE INVESTMENT FIDUCIARY SHALL ASSURE THAT THE FACILITY IS PROPERLY CLOSED, PURSUANT TO APPLICABLE STATUTES, AND SHALL NOT SELL THE FACILITY OR PROPERTY ON WHICH IT IS LOCATED FOR THE PURPOSE OF BEING A HAZARDOUS WASTE DEEP DISPOSAL WELL.
(C) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY OR THE PROPERTY ON WHICH ONE IS LOCATED, AND THE MORTGAGOR DEFAULTS ON THE MORTGAGE, UNDER THE TERMS OF THE MORTGAGE OR RELATED LOAN, ALL OF THE FOLLOWING APPLY:
(i) THE INVESTMENT FIDUCIARY SHALL NOT MODIFY THE TERMS OF THE MORTGAGE.
(ii) THE INVESTMENT FIDUCIARY SHALL STRICTLY ENFORCE ITS REMEDIES UNDER THE UNDERLYING LOAN DOCUMENT, INCLUDING THE OBLIGATION TO INSTITUTE A FORECLOSURE ACTION ON THE MORTGAGE.
(D) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY, THE INVESTMENT FIDUCIARY SHALL NOT AGREE TO THE MORTGAGOR’S ASSIGNING ITS INTEREST TO ANOTHER PARTY.
(E) THE INVESTMENT COMMITTEE AND THE STATE TREASURER HAVE THE OBLIGATION TO ENFORCE AND ENSURE COMPLIANCE WITH THIS SECTION.
(F) THE INVESTMENT FIDUCIARY SHALL PROVIDE ALL NECESSARY DOCUMENTS EVIDENCING COMPLIANCE WITH THIS SECTION TO THE INVESTMENT COMMITTEE AND THE STATE TREASURER UNTIL THE THE EARLIER OF THE FOLLOWING:
(i) REPAYMENT IN FULL OF THE LOAN SECURED BY THE MORTGAGE.
(ii) THE PROPERTY IS DISPOSED OF IN ACCORDANCE WITH THIS SUBSECTION.’”
Rep. Stamas moved that House Bill No. 5576 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5576, entitled
A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending section 10 (MCL 423.240).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 291 Yeas—98
Abed Goike LaVoy Rogers
Banks Graves Leonard Rutledge
Barnett Greimel Lori Santana
Bolger Haines Lund Schmidt
Brinks Haugh Lyons Schor
Brown Haveman MacMaster Segal
Brunner Heise McBroom Shirkey
Bumstead Hobbs McCann Singh
Callton Hooker McCready Slavens
Cavanagh Hovey-Wright Muxlow Smiley
Clemente Howrylak Nesbitt Somerville
Cochran Irwin O’Brien Stallworth
Cotter Jacobsen Oakes Stamas
Crawford Jenkins Olumba Stanley
Daley Johnson Outman Switalski
Darany Kandrevas Pagel Talabi
Denby Kivela Pettalia Tlaib
Dianda Knezek Phelps Townsend
Dillon Kosowski Poleski VerHeulen
Durhal Kowall Potvin Victory
Faris Kurtz Price Walsh
Forlini LaFontaine Pscholka Yanez
Foster Lamonte Rendon Yonker
Genetski Lane Roberts Zemke
Glardon Lauwers
Nays—12
Driskell Geiss Lipton Nathan
Farrington Kelly MacGregor Robinson
Franz Kesto McMillin Zorn
In The Chair: Cotter
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending section 9 (MCL 423.239), as amended by 2011 PA 116.
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 voted no on the package of bills that dealt with the Detroit Bankruptcy due to the following reasons:
1) Governor Snyder violated the Michigan Constitution by filling for bankruptcy for the City of Detroit.
2) The Detroit Police and Fire Pension system has lost over $40 million in a failed Hazardous Waste Deep Disposal Well in Romulus, Michigan.
Article IX, Section 24 of the Michigan Constitution contains clear language on Public pension plans and retirement systems.
‘The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.’
By taking Detroit into Bankruptcy, the Governor violated the Constitution he was sworn to uphold.
In addition, I attempted to have an amendment added to HB5570 which would have ended the failed investment of the Detroit Police and Fire Pension Board in the Hazardous Waste Deep Disposal Well located in Romulus, Michigan. After working with the Governor’s office for four months, talking with the Mayor of Detroit, Detroit Council Members, and my colleagues, my amendment to restrict any future investment in the hazardous well was gaveled down by the Speaker without any vote of the members.
For over 20 years, my communities of Romulus and Taylor have spent millions of dollars fighting the Detroit Police and Fire Pension System and their attempts to inject dangerous chemicals below our homes. This failed investment represents 25% of the money the State is sending to Detroit in this package of bills.
If we are to move forward as a region, these wells must be closed down.
My amendment would have done just that:
Please see the following for modifications to the amendment:
1. Amend page 13, following line 2, by inserting:
‘(14) SUBJECT TO SECTION 13G, AN INVESTMENT FIDUCIARY OF A LARGE SPONSORED SYSTEM THAT INVESTS OR HAS INVESTED IN A HAZARDOUS WASTE DEEP DISPOSAL WELL, REGULATED UNDER CHAPTER 3 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.11101 TO 324.12117, IS SUBJECT TO ALL OF THE FOLLOWING:
(A) THE INVESTMENT FIDUCIARY SHALL NOT MAKE ADDITIONAL INVESTMENTS IN THE FACILITY.
(B) IF THE TITLE OF THE FACILITY REVERTS TO THE LARGE SPONSORED SYSTEM, THE INVESTMENT FIDUCIARY SHALL ASSURE THAT THE FACILITY IS PROPERLY CLOSED, PURSUANT TO APPLICABLE STATUTES, AND SHALL NOT SELL THE FACILITY OR PROPERTY ON WHICH IT IS LOCATED FOR THE PURPOSE OF BEING A HAZARDOUS WASTE DEEP DISPOSAL WELL.
(C) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY OR THE PROPERTY ON WHICH ONE IS LOCATED, AND THE MORTGAGOR DEFAULTS ON THE MORTGAGE, UNDER THE TERMS OF THE MORTGAGE OR RELATED LOAN, ALL OF THE FOLLOWING APPLY:
(i) THE INVESTMENT FIDUCIARY SHALL NOT MODIFY THE TERMS OF THE MORTGAGE.
(ii) THE INVESTMENT FIDUCIARY SHALL STRICTLY ENFORCE ITS REMEDIES UNDER THE UNDERLYING LOAN DOCUMENT, INCLUDING THE OBLIGATION TO INSTITUTE A FORECLOSURE ACTION ON THE MORTGAGE.
(D) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY, THE INVESTMENT FIDUCIARY SHALL NOT AGREE TO THE MORTGAGOR’S ASSIGNING ITS INTEREST TO ANOTHER PARTY.
(E) THE INVESTMENT COMMITTEE AND THE STATE TREASURER HAVE THE OBLIGATION TO ENFORCE AND ENSURE COMPLIANCE WITH THIS SECTION.
(F) THE INVESTMENT FIDUCIARY SHALL PROVIDE ALL NECESSARY DOCUMENTS EVIDENCING COMPLIANCE WITH THIS SECTION TO THE INVESTMENT COMMITTEE AND THE STATE TREASURER UNTIL THE THE EARLIER OF THE FOLLOWING:
(i) REPAYMENT IN FULL OF THE LOAN SECURED BY THE MORTGAGE.
(ii) THE PROPERTY IS DISPOSED OF IN ACCORDANCE WITH THIS SUBSECTION.’”
Rep. Stamas moved that House Bill No. 5574 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5574, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 358 (MCL 18.1358), as amended by 2002 PA 504.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 292 Yeas—74
Banks Greimel Lauwers Santana
Barnett Haines Leonard Schor
Bolger Haugh Lori Segal
Bumstead Haveman Lyons Shirkey
Callton Heise McBroom Singh
Cavanagh Hobbs McCready Somerville
Cotter Hovey-Wright Muxlow Stallworth
Crawford Irwin Olumba Stamas
Daley Jacobsen Outman Stanley
Darany Jenkins Pagel Switalski
Denby Johnson Pettalia Talabi
Dillon Kandrevas Phelps Tlaib
Durhal Kivela Poleski Townsend
Faris Knezek Price VerHeulen
Forlini Kosowski Pscholka Victory
Genetski Kowall Roberts Walsh
Glardon Kurtz Rogers Yonker
Goike LaFontaine Rutledge Zemke
Graves Lane
Nays—36
Abed Foster Lipton Oakes
Brinks Franz Lund Potvin
Brown Geiss MacGregor Rendon
Brunner Hooker MacMaster Robinson
Clemente Howrylak McCann Schmidt
Cochran Kelly McMillin Slavens
Dianda Kesto Nathan Smiley
Driskell Lamonte Nesbitt Yanez
Farrington LaVoy O’Brien Zorn
In The Chair: Cotter
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. 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 voted no on the package of bills that dealt with the Detroit Bankruptcy due to the following reasons:
1) Governor Snyder violated the Michigan Constitution by filling for bankruptcy for the City of Detroit.
2) The Detroit Police and Fire Pension system has lost over $40 million in a failed Hazardous Waste Deep Disposal Well in Romulus, Michigan.
Article IX, Section 24 of the Michigan Constitution contains clear language on Public pension plans and retirement systems.
‘The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.’
By taking Detroit into Bankruptcy, the Governor violated the Constitution he was sworn to uphold.
In addition, I attempted to have an amendment added to HB5570 which would have ended the failed investment of the Detroit Police and Fire Pension Board in the Hazardous Waste Deep Disposal Well located in Romulus, Michigan. After working with the Governor’s office for four months, talking with the Mayor of Detroit, Detroit Council Members, and my colleagues, my amendment to restrict any future investment in the hazardous well was gaveled down by the Speaker without any vote of the members.
For over 20 years, my communities of Romulus and Taylor have spent millions of dollars fighting the Detroit Police and Fire Pension System and their attempts to inject dangerous chemicals below our homes. This failed investment represents 25% of the money the State is sending to Detroit in this package of bills.
If we are to move forward as a region, these wells must be closed down.
My amendment would have done just that:
Please see the following for modifications to the amendment:
1. Amend page 13, following line 2, by inserting:
‘(14) SUBJECT TO SECTION 13G, AN INVESTMENT FIDUCIARY OF A LARGE SPONSORED SYSTEM THAT INVESTS OR HAS INVESTED IN A HAZARDOUS WASTE DEEP DISPOSAL WELL, REGULATED UNDER CHAPTER 3 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.11101 TO 324.12117, IS SUBJECT TO ALL OF THE FOLLOWING:
(A) THE INVESTMENT FIDUCIARY SHALL NOT MAKE ADDITIONAL INVESTMENTS IN THE FACILITY.
(B) IF THE TITLE OF THE FACILITY REVERTS TO THE LARGE SPONSORED SYSTEM, THE INVESTMENT FIDUCIARY SHALL ASSURE THAT THE FACILITY IS PROPERLY CLOSED, PURSUANT TO APPLICABLE STATUTES, AND SHALL NOT SELL THE FACILITY OR PROPERTY ON WHICH IT IS LOCATED FOR THE PURPOSE OF BEING A HAZARDOUS WASTE DEEP DISPOSAL WELL.
(C) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY OR THE PROPERTY ON WHICH ONE IS LOCATED, AND THE MORTGAGOR DEFAULTS ON THE MORTGAGE, UNDER THE TERMS OF THE MORTGAGE OR RELATED LOAN, ALL OF THE FOLLOWING APPLY:
(i) THE INVESTMENT FIDUCIARY SHALL NOT MODIFY THE TERMS OF THE MORTGAGE.
(ii) THE INVESTMENT FIDUCIARY SHALL STRICTLY ENFORCE ITS REMEDIES UNDER THE UNDERLYING LOAN DOCUMENT, INCLUDING THE OBLIGATION TO INSTITUTE A FORECLOSURE ACTION ON THE MORTGAGE.
(D) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY, THE INVESTMENT FIDUCIARY SHALL NOT AGREE TO THE MORTGAGOR’S ASSIGNING ITS INTEREST TO ANOTHER PARTY.
(E) THE INVESTMENT COMMITTEE AND THE STATE TREASURER HAVE THE OBLIGATION TO ENFORCE AND ENSURE COMPLIANCE WITH THIS SECTION.
(F) THE INVESTMENT FIDUCIARY SHALL PROVIDE ALL NECESSARY DOCUMENTS EVIDENCING COMPLIANCE WITH THIS SECTION TO THE INVESTMENT COMMITTEE AND THE STATE TREASURER UNTIL THE THE EARLIER OF THE FOLLOWING:
(i) REPAYMENT IN FULL OF THE LOAN SECURED BY THE MORTGAGE.
(ii) THE PROPERTY IS DISPOSED OF IN ACCORDANCE WITH THIS SUBSECTION.’”
Rep. Stamas moved that House Bill No. 5575 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5575, entitled
A bill to create the Michigan settlement administration authority; to provide for the operation of the authority; to create certain funds; to authorize the resolution of certain potential claims against the state; and to prescribe the powers and duties of the authority and certain other state officials and state employees.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 293 Yeas—75
Banks Greimel Lauwers Schor
Barnett Haines Leonard Segal
Bolger Haugh Lori Shirkey
Bumstead Haveman Lund Singh
Callton Heise Lyons Smiley
Cavanagh Hobbs McBroom Somerville
Cotter Hovey-Wright McCready Stallworth
Crawford Irwin Muxlow Stamas
Daley Jacobsen Olumba Stanley
Darany Jenkins Outman Switalski
Denby Johnson Pagel Talabi
Dillon Kandrevas Pettalia Tlaib
Durhal Kivela Poleski Townsend
Faris Knezek Price VerHeulen
Forlini Kosowski Pscholka Victory
Genetski Kowall Roberts Walsh
Glardon Kurtz Rogers Yonker
Goike LaFontaine Rutledge Zemke
Graves Lane Santana
Nays—35
Abed Foster Lipton Phelps
Brinks Franz MacGregor Potvin
Brown Geiss MacMaster Rendon
Brunner Hooker McCann Robinson
Clemente Howrylak McMillin Schmidt
Cochran Kelly Nathan Slavens
Dianda Kesto Nesbitt Yanez
Driskell Lamonte O’Brien Zorn
Farrington LaVoy Oakes
In The Chair: Cotter
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 create the Michigan settlement administration authority; to provide for the operation of the authority; to create certain funds; to authorize the resolution of certain potential claims against the state; to prescribe the powers and duties of the authority and certain other state officials and state employees; and to make certain appropriations.
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 voted no on the package of bills that dealt with the Detroit Bankruptcy due to the following reasons:
1) Governor Snyder violated the Michigan Constitution by filling for bankruptcy for the City of Detroit.
2) The Detroit Police and Fire Pension system has lost over $40 million in a failed Hazardous Waste Deep Disposal Well in Romulus, Michigan.
Article IX, Section 24 of the Michigan Constitution contains clear language on Public pension plans and retirement systems.
‘The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.’
By taking Detroit into Bankruptcy, the Governor violated the Constitution he was sworn to uphold.
In addition, I attempted to have an amendment added to HB5570 which would have ended the failed investment of the Detroit Police and Fire Pension Board in the Hazardous Waste Deep Disposal Well located in Romulus, Michigan. After working with the Governor’s office for four months, talking with the Mayor of Detroit, Detroit Council Members, and my colleagues, my amendment to restrict any future investment in the hazardous well was gaveled down by the Speaker without any vote of the members.
For over 20 years, my communities of Romulus and Taylor have spent millions of dollars fighting the Detroit Police and Fire Pension System and their attempts to inject dangerous chemicals below our homes. This failed investment represents 25% of the money the State is sending to Detroit in this package of bills.
If we are to move forward as a region, these wells must be closed down.
My amendment would have done just that:
Please see the following for modifications to the amendment:
1. Amend page 13, following line 2, by inserting:
‘(14) SUBJECT TO SECTION 13G, AN INVESTMENT FIDUCIARY OF A LARGE SPONSORED SYSTEM THAT INVESTS OR HAS INVESTED IN A HAZARDOUS WASTE DEEP DISPOSAL WELL, REGULATED UNDER CHAPTER 3 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.11101 TO 324.12117, IS SUBJECT TO ALL OF THE FOLLOWING:
(A) THE INVESTMENT FIDUCIARY SHALL NOT MAKE ADDITIONAL INVESTMENTS IN THE FACILITY.
(B) IF THE TITLE OF THE FACILITY REVERTS TO THE LARGE SPONSORED SYSTEM, THE INVESTMENT FIDUCIARY SHALL ASSURE THAT THE FACILITY IS PROPERLY CLOSED, PURSUANT TO APPLICABLE STATUTES, AND SHALL NOT SELL THE FACILITY OR PROPERTY ON WHICH IT IS LOCATED FOR THE PURPOSE OF BEING A HAZARDOUS WASTE DEEP DISPOSAL WELL.
(C) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY OR THE PROPERTY ON WHICH ONE IS LOCATED, AND THE MORTGAGOR DEFAULTS ON THE MORTGAGE, UNDER THE TERMS OF THE MORTGAGE OR RELATED LOAN, ALL OF THE FOLLOWING APPLY:
(i) THE INVESTMENT FIDUCIARY SHALL NOT MODIFY THE TERMS OF THE MORTGAGE.
(ii) THE INVESTMENT FIDUCIARY SHALL STRICTLY ENFORCE ITS REMEDIES UNDER THE UNDERLYING LOAN DOCUMENT, INCLUDING THE OBLIGATION TO INSTITUTE A FORECLOSURE ACTION ON THE MORTGAGE.
(D) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY, THE INVESTMENT FIDUCIARY SHALL NOT AGREE TO THE MORTGAGOR’S ASSIGNING ITS INTEREST TO ANOTHER PARTY.
(E) THE INVESTMENT COMMITTEE AND THE STATE TREASURER HAVE THE OBLIGATION TO ENFORCE AND ENSURE COMPLIANCE WITH THIS SECTION.
(F) THE INVESTMENT FIDUCIARY SHALL PROVIDE ALL NECESSARY DOCUMENTS EVIDENCING COMPLIANCE WITH THIS SECTION TO THE INVESTMENT COMMITTEE AND THE STATE TREASURER UNTIL THE THE EARLIER OF THE FOLLOWING:
(i) REPAYMENT IN FULL OF THE LOAN SECURED BY THE MORTGAGE.
(ii) THE PROPERTY IS DISPOSED OF IN ACCORDANCE WITH THIS SUBSECTION.’”
Rep. Stamas moved that House Bill No. 5572 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5572, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 353 (MCL 18.1353), as amended by 1999 PA 8.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 294 Yeas—75
Banks Greimel Leonard Schor
Barnett Haines Lori Segal
Bolger Haveman Lund Shirkey
Bumstead Heise Lyons Singh
Callton Hobbs McBroom Smiley
Cavanagh Hovey-Wright McCready Somerville
Cotter Irwin Muxlow Stallworth
Crawford Jacobsen Olumba Stamas
Daley Jenkins Outman Stanley
Darany Johnson Pagel Switalski
Denby Kandrevas Pettalia Talabi
Dillon Kivela Phelps Tlaib
Durhal Knezek Poleski Townsend
Faris Kosowski Price VerHeulen
Forlini Kowall Pscholka Victory
Genetski Kurtz Roberts Walsh
Glardon LaFontaine Rogers Yonker
Goike Lane Rutledge Zemke
Graves Lauwers Santana
Nays—35
Abed Foster LaVoy Oakes
Brinks Franz Lipton Potvin
Brown Geiss MacGregor Rendon
Brunner Haugh MacMaster Robinson
Clemente Hooker McCann Schmidt
Cochran Howrylak McMillin Slavens
Dianda Kelly Nathan Yanez
Driskell Kesto Nesbitt Zorn
Farrington Lamonte O’Brien
In The Chair: Cotter
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. 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 voted no on the package of bills that dealt with the Detroit Bankruptcy due to the following reasons:
1) Governor Snyder violated the Michigan Constitution by filling for bankruptcy for the City of Detroit.
2) The Detroit Police and Fire Pension system has lost over $40 million in a failed Hazardous Waste Deep Disposal Well in Romulus, Michigan.
Article IX, Section 24 of the Michigan Constitution contains clear language on Public pension plans and retirement systems.
‘The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.’
By taking Detroit into Bankruptcy, the Governor violated the Constitution he was sworn to uphold.
In addition, I attempted to have an amendment added to HB5570 which would have ended the failed investment of the Detroit Police and Fire Pension Board in the Hazardous Waste Deep Disposal Well located in Romulus, Michigan. After working with the Governor’s office for four months, talking with the Mayor of Detroit, Detroit Council Members, and my colleagues, my amendment to restrict any future investment in the hazardous well was gaveled down by the Speaker without any vote of the members.
For over 20 years, my communities of Romulus and Taylor have spent millions of dollars fighting the Detroit Police and Fire Pension System and their attempts to inject dangerous chemicals below our homes. This failed investment represents 25% of the money the State is sending to Detroit in this package of bills.
If we are to move forward as a region, these wells must be closed down.
My amendment would have done just that:
Please see the following for modifications to the amendment:
1. Amend page 13, following line 2, by inserting:
‘(14) SUBJECT TO SECTION 13G, AN INVESTMENT FIDUCIARY OF A LARGE SPONSORED SYSTEM THAT INVESTS OR HAS INVESTED IN A HAZARDOUS WASTE DEEP DISPOSAL WELL, REGULATED UNDER CHAPTER 3 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.11101 TO 324.12117, IS SUBJECT TO ALL OF THE FOLLOWING:
(A) THE INVESTMENT FIDUCIARY SHALL NOT MAKE ADDITIONAL INVESTMENTS IN THE FACILITY.
(B) IF THE TITLE OF THE FACILITY REVERTS TO THE LARGE SPONSORED SYSTEM, THE INVESTMENT FIDUCIARY SHALL ASSURE THAT THE FACILITY IS PROPERLY CLOSED, PURSUANT TO APPLICABLE STATUTES, AND SHALL NOT SELL THE FACILITY OR PROPERTY ON WHICH IT IS LOCATED FOR THE PURPOSE OF BEING A HAZARDOUS WASTE DEEP DISPOSAL WELL.
(C) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY OR THE PROPERTY ON WHICH ONE IS LOCATED, AND THE MORTGAGOR DEFAULTS ON THE MORTGAGE, UNDER THE TERMS OF THE MORTGAGE OR RELATED LOAN, ALL OF THE FOLLOWING APPLY:
(i) THE INVESTMENT FIDUCIARY SHALL NOT MODIFY THE TERMS OF THE MORTGAGE.
(ii) THE INVESTMENT FIDUCIARY SHALL STRICTLY ENFORCE ITS REMEDIES UNDER THE UNDERLYING LOAN DOCUMENT, INCLUDING THE OBLIGATION TO INSTITUTE A FORECLOSURE ACTION ON THE MORTGAGE.
(D) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY, THE INVESTMENT FIDUCIARY SHALL NOT AGREE TO THE MORTGAGOR’S ASSIGNING ITS INTEREST TO ANOTHER PARTY.
(E) THE INVESTMENT COMMITTEE AND THE STATE TREASURER HAVE THE OBLIGATION TO ENFORCE AND ENSURE COMPLIANCE WITH THIS SECTION.
(F) THE INVESTMENT FIDUCIARY SHALL PROVIDE ALL NECESSARY DOCUMENTS EVIDENCING COMPLIANCE WITH THIS SECTION TO THE INVESTMENT COMMITTEE AND THE STATE TREASURER UNTIL THE THE EARLIER OF THE FOLLOWING:
(i) REPAYMENT IN FULL OF THE LOAN SECURED BY THE MORTGAGE.
(ii) THE PROPERTY IS DISPOSED OF IN ACCORDANCE WITH THIS SUBSECTION.’”
Rep. Stamas moved that House Bill No. 5573 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5573, entitled
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 7 (MCL 12.257), as amended by 2009 PA 183.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 295 Yeas—77
Banks Haines Leonard Rutledge
Barnett Haugh Lori Santana
Bolger Haveman Lund Schor
Bumstead Heise Lyons Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hovey-Wright McCready Singh
Cotter Irwin Muxlow Somerville
Crawford Jacobsen Nathan Stallworth
Daley Jenkins Nesbitt Stamas
Darany Johnson Olumba Stanley
Denby Kandrevas Outman Switalski
Dillon Kivela Pagel Talabi
Durhal Knezek Pettalia Tlaib
Faris Kosowski Phelps Townsend
Forlini Kowall Poleski VerHeulen
Genetski Kurtz Price Victory
Glardon LaFontaine Pscholka Walsh
Goike Lane Roberts Yonker
Graves Lauwers Rogers Zemke
Greimel
Nays—33
Abed Foster LaVoy Potvin
Brinks Franz Lipton Rendon
Brown Geiss MacGregor Robinson
Brunner Hooker MacMaster Schmidt
Clemente Howrylak McCann Slavens
Cochran Kelly McMillin Smiley
Dianda Kesto O’Brien Yanez
Driskell Lamonte Oakes Zorn
Farrington
In The Chair: Cotter
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. 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 voted no on the package of bills that dealt with the Detroit Bankruptcy due to the following reasons:
1) Governor Snyder violated the Michigan Constitution by filling for bankruptcy for the City of Detroit.
2) The Detroit Police and Fire Pension system has lost over $40 million in a failed Hazardous Waste Deep Disposal Well in Romulus, Michigan.
Article IX, Section 24 of the Michigan Constitution contains clear language on Public pension plans and retirement systems.
‘The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.’
By taking Detroit into Bankruptcy, the Governor violated the Constitution he was sworn to uphold.
In addition, I attempted to have an amendment added to HB5570 which would have ended the failed investment of the Detroit Police and Fire Pension Board in the Hazardous Waste Deep Disposal Well located in Romulus, Michigan. After working with the Governor’s office for four months, talking with the Mayor of Detroit, Detroit Council Members, and my colleagues, my amendment to restrict any future investment in the hazardous well was gaveled down by the Speaker without any vote of the members.
For over 20 years, my communities of Romulus and Taylor have spent millions of dollars fighting the Detroit Police and Fire Pension System and their attempts to inject dangerous chemicals below our homes. This failed investment represents 25% of the money the State is sending to Detroit in this package of bills.
If we are to move forward as a region, these wells must be closed down.
My amendment would have done just that:
Please see the following for modifications to the amendment:
1. Amend page 13, following line 2, by inserting:
‘(14) SUBJECT TO SECTION 13G, AN INVESTMENT FIDUCIARY OF A LARGE SPONSORED SYSTEM THAT INVESTS OR HAS INVESTED IN A HAZARDOUS WASTE DEEP DISPOSAL WELL, REGULATED UNDER CHAPTER 3 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.11101 TO 324.12117, IS SUBJECT TO ALL OF THE FOLLOWING:
(A) THE INVESTMENT FIDUCIARY SHALL NOT MAKE ADDITIONAL INVESTMENTS IN THE FACILITY.
(B) IF THE TITLE OF THE FACILITY REVERTS TO THE LARGE SPONSORED SYSTEM, THE INVESTMENT FIDUCIARY SHALL ASSURE THAT THE FACILITY IS PROPERLY CLOSED, PURSUANT TO APPLICABLE STATUTES, AND SHALL NOT SELL THE FACILITY OR PROPERTY ON WHICH IT IS LOCATED FOR THE PURPOSE OF BEING A HAZARDOUS WASTE DEEP DISPOSAL WELL.
(C) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY OR THE PROPERTY ON WHICH ONE IS LOCATED, AND THE MORTGAGOR DEFAULTS ON THE MORTGAGE, UNDER THE TERMS OF THE MORTGAGE OR RELATED LOAN, ALL OF THE FOLLOWING APPLY:
(i) THE INVESTMENT FIDUCIARY SHALL NOT MODIFY THE TERMS OF THE MORTGAGE.
(ii) THE INVESTMENT FIDUCIARY SHALL STRICTLY ENFORCE ITS REMEDIES UNDER THE UNDERLYING LOAN DOCUMENT, INCLUDING THE OBLIGATION TO INSTITUTE A FORECLOSURE ACTION ON THE MORTGAGE.
(D) IF A LARGE SPONSORED SYSTEM IS A MORTGAGEE OF A HAZARDOUS WASTE DEEP DISPOSAL WELL FACILITY, THE INVESTMENT FIDUCIARY SHALL NOT AGREE TO THE MORTGAGOR’S ASSIGNING ITS INTEREST TO ANOTHER PARTY.
(E) THE INVESTMENT COMMITTEE AND THE STATE TREASURER HAVE THE OBLIGATION TO ENFORCE AND ENSURE COMPLIANCE WITH THIS SECTION.
(F) THE INVESTMENT FIDUCIARY SHALL PROVIDE ALL NECESSARY DOCUMENTS EVIDENCING COMPLIANCE WITH THIS SECTION TO THE INVESTMENT COMMITTEE AND THE STATE TREASURER UNTIL THE THE EARLIER OF THE FOLLOWING:
(i) REPAYMENT IN FULL OF THE LOAN SECURED BY THE MORTGAGE.
(ii) THE PROPERTY IS DISPOSED OF IN ACCORDANCE WITH THIS SUBSECTION.’”
Second Reading of Bills
Senate Bill No. 893, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2011 PA 141.
The bill was read a second time.
Rep. Shirkey moved to amend the bill as follows:
1. Amend page 1, line 1, after “Sec. 3f.” by inserting “(1)”.
2. Amend page 1, line 7, after “act.” by inserting:
“(2) BEGINNING WITH THE FISCAL YEAR ENDING SEPTEMBER 30, 2015, NOT LESS THAN $193,400,000.00 PER YEAR OF THE REVENUE GENERATED UNDER THIS SECTION SHALL BE ALLOCATED TOWARD PAYING UNFUNDED ACTUARIAL ACCRUED LIABILITY COSTS AS CALCULATED PURSUANT TO SECTION 41 OF THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1341.
(3)”.
The motion did not prevail and the amendments were 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.
Senate Bill No. 913, entitled
A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending section 3 (MCL 550.1733).
The bill was read a second time.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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, May 22, for his approval of the following bills:
Enrolled House Bill No. 5146 at 1:54 p.m.
Enrolled House Bill No. 5147 at 1:56 p.m.
Enrolled House Bill No. 5148 at 1:58 p.m.
Enrolled House Bill No. 5149 at 2:00 p.m.
Enrolled House Bill No. 5150 at 2:02 p.m.
Enrolled House Bill No. 5396 at 2:04 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, May 22:
House Bill Nos. 5594 5595 5596
Reports of Standing Committees
The Committee on Judiciary, by Rep. Cotter, Chair, reported
House Bill No. 5558, entitled
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 4 (MCL 445.904), as amended by 2003 PA 216.
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. Cotter, Kesto, Heise, Johnson, LaFontaine and Leonard
Nays: Reps. Cavanagh, Lipton, Irwin and Clemente
The Committee on Judiciary, by Rep. Cotter, Chair, reported
House Bill No. 5591, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 335a (MCL 750.335a), as amended by 2005 PA 300.
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. Cotter, Kesto, Heise, Johnson, Leonard, Howrylak, Cavanagh, Lipton, Irwin and Clemente
Nays: None
The Committee on Judiciary, by Rep. Cotter, Chair, reported
House Bill No. 5592, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 167 (MCL 750.167).
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. Cotter, Kesto, Heise, Johnson, Leonard, Howrylak, Cavanagh, Lipton, Irwin and Clemente
Nays: None
The Committee on Judiciary, by Rep. Cotter, Chair, reported
Senate Bill No. 674, entitled
A bill to prohibit discriminatory practices, policies, and customs in the exercise of the right to breastfeed; to provide for enforcement of the right to breastfeed; and to provide remedies.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 3, following line 10, by inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 97th Legislature are enacted into law:
(a) House Bill No. 5591.
(b) House Bill No. 5592.”.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cotter, Kesto, Heise, Johnson, Leonard, Howrylak, Cavanagh, Lipton, Irwin and Clemente
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cotter, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Thursday, May 22, 2014
Present: Reps. Cotter, Kesto, Heise, Johnson, LaFontaine, Leonard, Howrylak, Cavanagh, Lipton, Irwin and Clemente
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lund, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, May 22, 2014
Present: Reps. Lund, Leonard, Denby, Cotter, Glardon, Goike, LaFontaine, Lyons, Nesbitt, Segal, Lipton, Abed, Cochran and Hovey-Wright
Absent: Rep. O’Brien
Excused: Rep. O’Brien
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Price, Chair, of the Committee on Local Government, was received and read:
Meeting held on: Thursday, May 22, 2014
Present: Reps. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves, Stanley, Banks, Talabi and Kosowski
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lund, Chair, of the Committee on Government Operations, was received and read:
Meeting held on: Thursday, May 22, 2014
Present: Reps. Lund, Jacobsen, Shirkey, Hobbs and Greimel
Messages from the Governor
The following message from the Governor was received May 22, 2014 and read:
EXECUTIVE ORDER
No. 2014 - 8
STATE LAND BANK FAST TRACK AUTHORITY
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
EXECUTIVE REORGANIZATION
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and
WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive branch of state government or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and
WHEREAS, there is a continuing need to reorganize functions among state departments to ensure efficient administration and effectiveness of government; and
WHEREAS, programs, agencies, and commissions should be placed among the principal departments on a consistent logical basis in order to ensure the most efficient use of public dollars and more streamlined services;
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. “Land Bank Fast Track Act” means 2003 PA 258.
B. “Michigan State Housing Development Authority” means the public body corporate and politic created under Section 21 of the State Housing Development Authority Act of 1966, 1966 PA 346, MCL 125.1421.
C. “State Land Bank Fast Track Authority” means the public body corporate and politic created under Section 15 of the Land Bank Fast Track Act, 2003 PA 258, MCL 124.765.
D. “State Budget Director” means the individual appointed by the Governor pursuant to Section 321 of The Management and Budget Act, 1984 PA 431, MCL 18.1321.
II. TRANSFER OF AUTHORITY
A. Except as provided in paragraph I of this section, any and all authority, powers, duties, responsibilities and functions of the Board of Directors of the State Land Bank Fast Track Authority, established by MCL 124.766, and the office of the executive director of the State Land Bank Fast Track Authority, established by MCL 124.767, are transferred to the office of the Executive Director of the Michigan State Housing Development Authority.
B. The Board of Directors of the State Land Bank Fast Track Authority is abolished.
C. The office of executive director of the State Land Bank Fast Track Authority is abolished.
D. The State Land Bank Fast Track Authority shall continue to exist as an autonomous entity within the Michigan State Housing Development Authority. The statutory powers, duties, and functions of the State Land Bank Fast Track Authority shall be exercised independently of the Michigan State Housing Development Authority.
E. Nothing in this Order shall be construed to affect the status of moneys of the State Land Bank Fast Track Authority or the Land Bank Fast Track Authority Fund established by Section 18 of the Land Bank Fast Track Act, 2003 PA 258, MCL 124.768. Funds of the State Land Bank Fast Track Authority remain funds of the State Land Bank Fast Track Authority and shall be accounted for separately from the funds of the Michigan State Housing Development Authority.
F. The Michigan State Housing Development Authority shall not be responsible for the financial or other obligations of the State Land Bank Fast Track Authority, nor shall it be liable for claims asserted against the State Land Bank Fast Track Authority.
G. Nothing in this Order shall be construed to affect the status of moneys of the Michigan State Housing Development Authority. Moneys of the Michigan State Housing Development Authority are not moneys of this state and shall continue to be non-state funds. State funds appropriated to the Michigan State Housing Development Authority lose their identity as state funds upon payment to the Michigan State Housing Development Authority and become public funds of the Michigan State Housing Development Authority under the control of the Michigan State Housing Development Authority. Funds established by or within the Michigan State Housing Development Authority are public trust funds administered by the Michigan State Housing Development Authority.
H. Nothing in this Order shall be construed to impair the obligation of any bond or note issued by or on behalf of the Michigan State Housing Development Authority. Bonds and notes issued by or on behalf of the Michigan State Housing Development Authority are obligations of the Michigan State Housing Development Authority and not obligations of this state.
I. The transfer of the authority, powers, duties, functions, responsibilities, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds of the State Land Bank Fast Track Authority with respect to issuance of bonds or notes to the Michigan Finance Authority pursuant to Section IV.L.1. of Executive Order 2010 2 is ratified and confirmed.
III. IMPLEMENTATION OF TRANSFERS
A. The Executive Director of the Michigan State Housing Development Authority shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Executive Director of the Michigan State Housing Development Authority in such ways as to promote efficient administration.
C. All rules, orders, contracts, plans, and agreements relating to the functions transferred by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state’s financial management system as necessary for the implementation of this Order.
E. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.
F. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order shall be effective 60 days after the filing of this Order.
[SEAL] Given under my hand and the great Seal of the state of Michigan this 22nd day of May in the Year of our Lord, Two Thousand Fourteen
RICHARD D. SNYDER
GOVERNOR
BY THE GOVERNOR:
RUTH A. JOHNSON
SECRETARY OF STATE
The message was referred to the Clerk.
Communications from State Officers
The following communication from the Department of Licensing and Regulatory Affairs was received and read:
May 16, 2014
Enclosed is a copy of the Financial Statements for the Unemployment Insurance Agency’s Administrative Fund, Unemployment Compensation Fund, Contingent Fund and Obligation Assessment Fund for the fiscal year ended September 30, 2013 and related notes to the Audited financial statements.
Your comments are welcomed; any inquiries regarding this information may be address to me.
Sincerely,
Debbie A. Ciccone, Manager
U.I. Trust Fund Accounting
(313) 456-2507
The communication was referred to the Clerk.
______
Associate Speaker Pro Tempore Cotter called Associate Speaker Pro Tempore O’Brien to the Chair.
______
Rep. Rutledge moved that Rep. Cavanagh be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Rep. Stamas moved that House Bill No. 5457 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5457, 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,” by amending section 4 (MCL 45.504), as amended by 1980 PA 7.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 296 Yeas—108
Abed Glardon Lauwers Rendon
Banks Goike LaVoy Roberts
Barnett Graves Leonard Rogers
Bolger Greimel Lipton Rutledge
Brinks Haines Lori Santana
Brown Haugh Lund Schmidt
Brunner Haveman Lyons Schor
Bumstead Heise MacGregor Segal
Callton Hobbs MacMaster Shirkey
Clemente Hooker McBroom Singh
Cochran Hovey-Wright McCann Slavens
Cotter Howrylak McCready Smiley
Crawford Irwin McMillin Somerville
Daley Jacobsen Muxlow Stallworth
Darany Jenkins Nathan Stamas
Denby Johnson Nesbitt Stanley
Dianda Kandrevas O’Brien Switalski
Dillon Kelly Oakes Talabi
Driskell Kesto Olumba Tlaib
Durhal Kivela Outman Townsend
Faris Knezek Pagel VerHeulen
Farrington Kosowski Pettalia Victory
Forlini Kowall Phelps Walsh
Foster Kurtz Poleski Yanez
Franz LaFontaine Potvin Yonker
Geiss Lamonte Price Zemke
Genetski Lane Pscholka Zorn
Nays—1
Robinson
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.
House Bill No. 5439, entitled
A bill to authorize the growing and cultivating of industrial hemp for research purposes; to authorize the receipt and expenditure of funding for research related to industrial hemp; and to prescribe the powers and duties of certain state agencies and officials and colleges and universities in this state.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 297 Yeas—109
Abed Goike LaVoy Roberts
Banks Graves Leonard Robinson
Barnett Greimel Lipton Rogers
Bolger Haines Lori Rutledge
Brinks Haugh Lund Santana
Brown Haveman Lyons Schmidt
Brunner Heise MacGregor Schor
Bumstead Hobbs MacMaster Segal
Callton Hooker McBroom Shirkey
Clemente Hovey-Wright McCann Singh
Cochran Howrylak McCready Slavens
Cotter Irwin McMillin Smiley
Crawford Jacobsen Muxlow Somerville
Daley Jenkins Nathan Stallworth
Darany Johnson Nesbitt Stamas
Denby Kandrevas O’Brien Stanley
Dianda Kelly Oakes Switalski
Dillon Kesto Olumba Talabi
Driskell Kivela Outman Tlaib
Durhal Knezek Pagel Townsend
Faris Kosowski Pettalia VerHeulen
Farrington Kowall Phelps Victory
Forlini Kurtz Poleski Walsh
Foster LaFontaine Potvin Yanez
Franz Lamonte Price Yonker
Geiss Lane Pscholka Zemke
Genetski Lauwers Rendon Zorn
Glardon
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.
House Bill No. 5440, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7106 (MCL 333.7106).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 298 Yeas—108
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lipton Rutledge
Brinks Haines Lori Santana
Brown Haugh Lund Schmidt
Brunner Haveman Lyons Schor
Bumstead Heise MacGregor Segal
Callton Hobbs MacMaster Shirkey
Clemente Hooker McBroom Singh
Cochran Hovey-Wright McCann Slavens
Cotter Howrylak McCready Smiley
Crawford Irwin McMillin Somerville
Daley Jacobsen Muxlow Stallworth
Darany Jenkins Nesbitt Stamas
Denby Johnson O’Brien Stanley
Dianda Kandrevas Oakes Switalski
Dillon Kelly Olumba Talabi
Driskell Kesto Outman Tlaib
Durhal Kivela Pagel Townsend
Faris Knezek Pettalia VerHeulen
Farrington Kosowski Phelps Victory
Forlini Kowall Poleski Walsh
Foster Kurtz Potvin Yanez
Franz LaFontaine Price Yonker
Geiss Lamonte Pscholka Zemke
Genetski Lane Rendon Zorn
Nays—1
Nathan
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Stamas moved that when the House adjourns today it stand adjourned until Tuesday, May 27, at 10:00 a.m.
The motion prevailed.
______
Rep. McCann moved that the House adjourn.
The motion prevailed, the time being 4:45 p.m.
Associate Speaker Pro Tempore O’Brien declared the House adjourned until Tuesday, May 27, at 10:00 a.m.
GARY L. RANDALL
Clerk of the House of Representatives
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