No. 102

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Thursday, December 15, 2011.

10:00 a.m.

The House was called to order by the Speaker.

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

Agema—present Genetski—present LeBlanc—present Price—present

Ananich—present Gilbert—present Lindberg—present Pscholka—present

Barnett—present Glardon—present Lipton—present Rendon—present

Bauer—present Goike—present Liss—present Rogers—present

Bledsoe—present Haines—present Lori—present Rutledge—present

Bolger—present Hammel—present Lund—present Santana—present

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

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

Bumstead—present Heise—present MacMaster—excused Segal—present

Byrum—present Hobbs—present McBroom—present Shaughnessy—present

Callton—present Hooker—present McCann—present Shirkey—present

Cavanagh—present Horn—present McMillin—present Slavens—present

Clemente—present Hovey-Wright—present Meadows—present Smiley—present

Constan—present Howze—present Moss—present Somerville—present

Cotter—present Hughes—present Muxlow—present Stallworth—present

Crawford—present Huuki—present Nathan—present Stamas—present

Daley—present Irwin—present Nesbitt—present Stanley—present

Damrow—present Jackson—present O’Brien—present Stapleton—present

Darany—present Jacobsen—present Oakes—present Switalski—present

Denby—present Jenkins—present Olson—present Talabi—present

Dillon—present Johnson—present Olumba—e/d/s Tlaib—present

Durhal—present Kandrevas—present Opsommer—present Townsend—present

Farrington—present Knollenberg—present Ouimet—present Tyler—present

Forlini—present Kowall—present Outman—present Walsh—present

Foster—present Kurtz—present Pettalia—present Womack—present

Franz—present LaFontaine—present Poleski—present Yonker—present

Geiss—present Lane—present Potvin—present Zorn—present

e/d/s = entered during session

Rev. Robert Dean, Pastor of New Life Church of God in Christ in Grand Rapids, offered the following invocation:

“Eternal God, thank You for this gift called today. Thank You for life, health and strength. Thank You for the abundance You have blessed us with. I pray know for every representative that every decision made would be one pleasing in Your sight. Lord I pray every heart be touched and every mind moved to look to the hills from whence cometh our help. Lord I lift up every member that they may lift their eyes to see You and behold Your glory, and beholding, adore, and adoring, bow down and having bowed down, rise up to obey You in all that’s said and done AMEN.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

Rep. Stamas moved that Rep. MacMaster be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Walsh, Barnett, Crawford, Haines, Heise, Hooker and Liss offered the following resolution:

House Resolution No. 173.

A resolution to memorialize Congress to extend the Chemical Facility Anti-Terrorism Standards (CFATS) program.

Whereas, Ten years ago, America suffered through the worst terrorist attack in its history. Our country grieved for those who lost their lives and we rediscovered the heroes who make us proud to be Americans. The events of September 11, 2001, changed many things for our country, including how we view homeland security; and

Whereas, After September 11th, the American chemical industry recognized the need to re-examine its approach to security to make sure the nation’s chemical facilities, which are central to our economy and face heightened terrorist threats, were adequately protected. Since then, industry initiatives and investments, coupled with a comprehensive set of common sense government regulations, have vastly improved the security of the nation’s chemical facilities; and

Whereas, The Chemical Facility Anti-Terrorism Standards (CFATS) program, enacted with strong bipartisan support in 2007, has proven to be one of the most important regulatory programs administered by the Department of Homeland Security. Under the CFATS program, chemical facilities across the country, including scores in Michigan, are taking action to prevent terrorist attacks and lower the attractiveness of chemical facilities as potential targets of terrorism. The CFATS program addresses the need to protect chemical facilities, while preserving the chemical industry’s ability to provide essential jobs and products; and

Whereas, With the CFATS program set to expire at the end of 2011, it is imperative that Congress pass a long-term extension for the program to keep moving forward on chemical security, to enhance public safety, and to protect the more than 60,000 jobs across Michigan that are dependent on the chemical industry. Extending the CFATS program will allow the chemical industry to enhance that which has already been achieved so far, a more secure nation, a steady source of jobs, and the validation of the United States’ reputation as a leader in innovation; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress to extend the Chemical Facility Anti-Terrorism Standards (CFATS) program; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Military and Veterans Affairs and Homeland Security.

Reps. Brown, Barnett, Bauer, Darany, Liss, Poleski and Slavens offered the following resolution:

House Resolution No. 174.

A resolution to declare January 4, 2012, as Braille Day in the state of Michigan.

Whereas, January 4, 2012, has been designated as Braille Day; and

Whereas, Braille Day provides opportunities to focus on the existing concerns and policies affecting people living with vision loss; and

Whereas, There are more than 25 million people in the world living with blindness or partial loss of vision; and

Whereas, In 2010, there were more than 213,00 people living with vision loss in the state of Michigan; and

Whereas, The development of Braille is now recognized as the single occurrence that made it possible for people who are blind or partially sighted to get an education; and

Whereas, Braille is still essential for people who are blind or partially sighted to read and write through touch; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 4, 2012, as Braille Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Stamas, Barnett, Crawford, Haines, Heise, Hooker and Liss offered the following concurrent resolution:

House Concurrent Resolution No. 42.

A concurrent resolution to memorialize Congress to extend the Chemical Facility Anti-Terrorism Standards (CFATS) program.

Resolved by the House of Representatives (the Senate concurring), That we memorialize Congress to extend the Chemical Facility Anti-Terrorism Standards (CFATS) program; and be it further

The concurrent resolution was referred to the Committee on Military and Veterans Affairs and Homeland Security.

Rep. Stamas moved that Rule 3(4) be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4542, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3204, 3205, and 3212 (MCL 600.3204, 600.3205, and 600.3212), section 3204 as amended by 2011 PA 72, section 3205 as added by 2009 PA 29, and section 3212 as amended by 2004 PA 186, and by adding section 3278.

(The bill was received from the Senate on December 14, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 101, p. 2916.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 606 Yeas—106

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lindberg Rendon

Barnett Glardon Lipton Rogers

Bauer Goike Liss Rutledge

Bledsoe Haines Lori Santana

Bolger Hammel Lund Schmidt, R.

Brown Haugh Lyons Schmidt, W.

Brunner Haveman MacGregor Segal

Bumstead Heise McBroom Shaughnessy

Byrum Hobbs McCann Shirkey

Callton Hooker McMillin Slavens

Cavanagh Horn Meadows Smiley

Clemente Hovey-Wright Moss Somerville

Constan Howze Muxlow Stallworth

Cotter Hughes Nathan Stamas

Crawford Huuki Nesbitt Stanley

Daley Irwin O’Brien Stapleton

Damrow Jackson Oakes Switalski

Darany Jacobsen Olson Talabi

Denby Jenkins Opsommer Tlaib

Dillon Johnson Ouimet Townsend

Durhal Kandrevas Outman Tyler

Farrington Knollenberg Pettalia Walsh

Forlini Kowall Poleski Womack

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zorn

Geiss Lane

Nays—0

In The Chair: Walsh

The House agreed to the full title.

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

______

Rep. Olumba entered the House Chambers.

The Speaker laid before the House

House Bill No. 4543, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3205a, 3205b, 3205c, 3205d, and 3205e (MCL 600.3205a, 600.3205b, 600.3205c, 600.3205d, and 600.3205e), sections 3205a and 3205b as added by 2009 PA 30, sections 3205c and 3205d as added by 2009 PA 31, and section 3205e as amended by 2011 PA 72.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 607 Yeas—107

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lindberg Rendon

Barnett Glardon Lipton Rogers

Bauer Goike Liss Rutledge

Bledsoe Haines Lori Santana

Bolger Hammel Lund Schmidt, R.

Brown Haugh Lyons Schmidt, W.

Brunner Haveman MacGregor Segal

Bumstead Heise McBroom Shaughnessy

Byrum Hobbs McCann Shirkey

Callton Hooker McMillin Slavens

Cavanagh Horn Meadows Smiley

Clemente Hovey-Wright Moss Somerville

Constan Howze Muxlow Stallworth

Cotter Hughes Nathan Stamas

Crawford Huuki Nesbitt Stanley

Daley Irwin O’Brien Stapleton

Damrow Jackson Oakes Switalski

Darany Jacobsen Olson Talabi

Denby Jenkins Olumba Tlaib

Dillon Johnson Opsommer Townsend

Durhal Kandrevas Ouimet Tyler

Farrington Knollenberg Outman Walsh

Forlini Kowall Pettalia Womack

Foster Kurtz Poleski Yonker

Franz LaFontaine Potvin Zorn

Geiss Lane Price

Nays—0

In The Chair: Walsh

The House agreed to the full title.

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

The Speaker laid before the House

House Bill No. 5066, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 413 (MCL 208.1413), as amended by 2007 PA 145.

(The bill was received from the Senate on December 14, with substitute (S-3), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 101, p. 2917.)

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. 608 Yeas—104

Ananich Gilbert Lindberg Pscholka

Barnett Glardon Lipton Rendon

Bauer Goike Liss Rogers

Bledsoe Haines Lori Rutledge

Bolger Hammel Lund Santana

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise McBroom Segal

Byrum Hobbs McCann Shaughnessy

Callton Horn McMillin Shirkey

Cavanagh Hovey-Wright Meadows Slavens

Clemente Howze Moss Smiley

Constan Hughes Muxlow Somerville

Cotter Huuki Nathan Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Geiss Lane Potvin Yonker

Genetski LeBlanc Price Zorn

Nays—3

Agema Franz Hooker

In The Chair: Walsh

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.

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

The Speaker laid before the House

House Bill No. 5067, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1211 (MCL 380.1211), as amended by 2010 PA 216.

(The bill was received from the Senate on December 14, with substitute (S-4), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 101, p. 2917.)

The question being on concurring in the substitute (S-4) made to the bill by the Senate,

The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 609 Yeas—104

Ananich Gilbert Lindberg Pscholka

Barnett Glardon Lipton Rendon

Bauer Goike Liss Rogers

Bledsoe Haines Lori Rutledge

Bolger Hammel Lund Santana

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise McBroom Segal

Byrum Hobbs McCann Shaughnessy

Callton Horn McMillin Shirkey

Cavanagh Hovey-Wright Meadows Slavens

Clemente Howze Moss Smiley

Constan Hughes Muxlow Somerville

Cotter Huuki Nathan Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Geiss Lane Potvin Yonker

Genetski LeBlanc Price Zorn

Nays—3

Agema Franz Hooker

In The Chair: Walsh

The House agreed to the full title.

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

The Speaker laid before the House

House Bill No. 5068, entitled

A bill to amend 1993 PA 331, entitled “State education tax act,” by amending section 3 (MCL 211.903), as amended by 2007 PA 38.

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. 610 Yeas—104

Ananich Gilbert Lindberg Pscholka

Barnett Glardon Lipton Rendon

Bauer Goike Liss Rogers

Bledsoe Haines Lori Rutledge

Bolger Hammel Lund Santana

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise McBroom Segal

Byrum Hobbs McCann Shaughnessy

Callton Horn McMillin Shirkey

Cavanagh Hovey-Wright Meadows Slavens

Clemente Howze Moss Smiley

Constan Hughes Muxlow Somerville

Cotter Huuki Nathan Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Geiss Lane Potvin Yonker

Genetski LeBlanc Price Zorn

Nays—3

Agema Franz Hooker

In The Chair: Walsh

The House agreed to the full title.

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

The Speaker laid before the House

House Bill No. 5069, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 14 (MCL 207.564), as amended by 2008 PA 457.

(The bill was received from the Senate on December 14, with substitute (S-3) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 101, p. 2917.)

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. 611 Yeas—104

Ananich Gilbert Lindberg Pscholka

Barnett Glardon Lipton Rendon

Bauer Goike Liss Rogers

Bledsoe Haines Lori Rutledge

Bolger Hammel Lund Santana

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise McBroom Segal

Byrum Hobbs McCann Shaughnessy

Callton Horn McMillin Shirkey

Cavanagh Hovey-Wright Meadows Slavens

Clemente Howze Moss Smiley

Constan Hughes Muxlow Somerville

Cotter Huuki Nathan Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Geiss Lane Potvin Yonker

Genetski LeBlanc Price Zorn

Nays—3

Agema Franz Hooker

In The Chair: Walsh

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

The Speaker laid before the House

House Bill No. 4298, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2123 and 2124 (MCL 324.2123 and 324.2124), as added by 1995 PA 60, and by adding section 2123a.

(The bill was received from the Senate on December 8, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 13, see House Journal No. 99, p. 2821.)

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

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

Roll Call No. 612 Yeas—98

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lindberg Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman McBroom Segal

Byrum Heise McCann Shaughnessy

Callton Hobbs McMillin Shirkey

Cavanagh Hooker Meadows Smiley

Clemente Horn Moss Somerville

Constan Hovey-Wright Muxlow Stallworth

Cotter Howze Nesbitt Stamas

Crawford Hughes O’Brien Stanley

Daley Huuki Oakes Stapleton

Damrow Jacobsen Olson Talabi

Darany Jenkins Opsommer Tlaib

Denby Johnson Ouimet Townsend

Durhal Kandrevas Outman Tyler

Farrington Knollenberg Pettalia Walsh

Forlini Kowall Poleski Womack

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zorn

Geiss Lane

Nays—9

Bledsoe Jackson Nathan Slavens

Dillon Lipton Olumba Switalski

Irwin

In The Chair: Walsh

The House agreed to the title as amended.

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

Second Reading of Bills

Senate Bill No. 855, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 107 and 434 (MCL 208.1107 and 208.1434), section 107 as amended by 2011 PA 209 and section 434 as amended by 2010 PA 114.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Commerce,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. McMillin moved to amend the bill as follows:

1. Amend page 32, following line 5, by inserting:

“Enacting section 2. This amendatory act does not take effect unless House Bill No. 4815 of the 96th Legislature is enacted into law.”.

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

Rep. Wayne Schmidt moved to amend the bill as follows:

1. Amend page 32, following line 5, by inserting:

“Enacting section 2. It is the intent of the legislature that the $75,000,000.00 savings realized in reduced credits allowed under section 434(5) and (6) of the Michigan business tax act, 2007 PA 36, MCL 208.1434, as a result of this amendatory act shall be passed on and utilized to replace any revenue lost due to any personal property tax reform.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Wayne Schmidt moved to amend the bill as follows:

1. Amend page 29, line 8, after “GROUP” by striking out the comma and inserting “AND”.

2. Amend page 29, line 9, after “434(2) AND (5)” by striking out the balance of the line through “PUBLIC LAW 111‑5,” on line 12.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Shirkey moved to amend the bill as follows:

1. Amend page 23, following line 25, by inserting:

“(15) FOR PROJECT AGREEMENTS CREATED UNDER SUBSECTION (6) BEFORE JULY 1, 2012 AND FOR PROJECT AGREEMENTS AMENDED AFTER DECEMBER 1, 2011 BUT BEFORE JULY 1, 2012 UNDER SUBSECTION (5), THE MICHIGAN STRATEGIC FUND SHALL REPORT TO THE CHAIR AND MINORITY VICE-CHAIR OF THE HOUSE AND SENATE SUBCOMMITTEES ON GENERAL GOVERNMENT, THE HOUSE COMMERCE COMMITTEE, AND THE SENATE ECONOMIC DEVELOPMENT COMMITTEE ANNUALLY BEGINNING JANUARY 1, 2014 AND EVERY JANUARY 1 THEREAFTER, AND ENDING WITH A FINAL REPORT ON JANUARY 1, 2020. THE REPORT SHALL DETAIL EACH OF THE PROJECTS INDIVIDUALLY AND SHALL SEPARATELY LIST DIRECT JOBS CREATED, DIRECT REVENUE CREATED, INDIRECT JOBS CREATED, AND INDIRECT REVENUE CREATED FOR EACH OF THOSE PROJECTS.” and renumbering the remaining subsection.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Stamas moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 855, entitled

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

Roll Call No. 613 Yeas—82

Ananich Geiss Lane Santana

Barnett Genetski Lindberg Schmidt, R.

Bauer Glardon Lipton Schmidt, W.

Bledsoe Haines Liss Segal

Bolger Hammel Lori Shaughnessy

Brown Haugh Lyons Slavens

Brunner Haveman MacGregor Smiley

Byrum Heise McBroom Stallworth

Callton Hobbs McCann Stamas

Cavanagh Horn Meadows Stanley

Clemente Hovey-Wright Moss Stapleton

Constan Howze Muxlow Switalski

Crawford Hughes Nathan Talabi

Daley Huuki Oakes Tlaib

Damrow Irwin Outman Townsend

Darany Jackson Potvin Tyler

Denby Jacobsen Price Walsh

Dillon Kandrevas Rendon Womack

Durhal Knollenberg Rogers Yonker

Forlini Kowall Rutledge Zorn

Foster Kurtz

Nays—24

Agema Goike Lund Ouimet

Bumstead Hooker McMillin Pettalia

Cotter Jenkins Nesbitt Poleski

Farrington Johnson O’Brien Pscholka

Franz LaFontaine Olson Shirkey

Gilbert LeBlanc Opsommer Somerville

In The Chair: Walsh

The question being on agreeing to the title of the bill,

Rep. Stamas moved to amend the title to read as follows:

A bill to amend 2007 PA 36, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” by amending sections 107, 117, 434, 500, 510, and 511 (MCL 208.1107, 208.1117, 208.1434, 208.1500, 208.1510, and 208.1511), sections 107, 117, and 500 as amended by 2011 PA 209, section 434 as amended by 2010 PA 114, and section 510 as amended by 2011 PA 77.

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. O’Brien, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Previously, special credits were granted to qualified companies. The intention was to support job growth in a certain sector. While serving on the Tax Policy Committee, we worked hard to eliminate special exemptions and tax credits and instead provide for a simplistic, fair tax system for all. I support honoring our previous agreements and honoring the credits. This bill allows for a reduction in credits in exchange for other considerations. Most of these considerations are fair and justified. I respect and thank the companies for working with us to find a win-win. My no vote today is a reflection on one small component- allowing a company to file part of their business under the MBT and another under the CIT. This flies in the face of the tax reform work we did. I wish we could have found a way to honor our commitment, amend the proposal and have the company file under the MBT or the CIT- not both. I thank my fellow legislators for working to find common ground and to the companies for willingly reducing their credit. I am optimistic this will be a job growth engine for Michigan and only wish we could have made this proposal consistent with the tax reform we passed. Thank you Mr. Speaker.”

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

“Mr. Speaker and members of the House:

This year, we have accomplished so many good things to re-invent the business climate of our State -

• we have reformed our taxation system;

• we have cleared away bureaucratic barriers

• we have reformed our unemployment and workers’ compensation rules;

We have done this in the name of leveling the playing field and building fairness into our economic environment. I believe in what we have done, and I believe that our work will yield a robust economy in which all can participate and profit by working and investing.

I reluctantly oppose SB 855. It would grant very substantial refundable tax credits to two excellent companies. I understand that these credits were previously granted; that we are simply changing the parameters under which the credits are awarded; that the overall credits are less than we had previously approved, and that we have tightened the rules of their award. But we are still voting to commit $125 million of State resources to two taxpayers to attract or retain their businesses.

If I were these companies, I, too, would request that my project qualify for these credits; my responsibility to my shareholders would require it. I respect the responsibility of their managements.

But we here in the legislature, our first responsibility must be to our stakeholders - the citizens of the State of Michigan. They watch us closely to see how we will spend their hard-earned tax dollars.

This is the last day of this first year of our very productive session. It is a year in which we have done such important and difficult work. My view is that we are voting upon whether we have faith in the work that has been done. An affirmative vote is a vote for the questionable policies of the past - that of purchasing jobs and investment with taxpayers’ dollars.

I cannot vote against the work we have done.

Thank you, Mr. Speaker, for the opportunity to explain my No vote on SB 855.”

House Bill No. 4207, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5512 (MCL 324.5512).

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

Roll Call No. 614 Yeas—105

Agema Gilbert LeBlanc Pscholka

Ananich Glardon Lindberg Rendon

Barnett Goike Lipton Rogers

Bauer Haines Liss Rutledge

Bledsoe Hammel Lori Santana

Bolger Haugh Lund Schmidt, R.

Brown Haveman Lyons Schmidt, W.

Brunner Heise MacGregor Segal

Bumstead Hobbs McBroom Shaughnessy

Byrum Hooker McCann Shirkey

Callton Horn McMillin Slavens

Cavanagh Hovey-Wright Meadows Smiley

Clemente Howze Moss Somerville

Constan Hughes Muxlow Stallworth

Cotter Huuki Nathan Stamas

Crawford Irwin Nesbitt Stanley

Daley Jackson O’Brien Stapleton

Damrow Jacobsen Oakes Switalski

Darany Jenkins Olson Talabi

Denby Johnson Opsommer Tlaib

Dillon Kandrevas Ouimet Townsend

Durhal Knollenberg Outman Tyler

Farrington Kowall Pettalia Walsh

Forlini Kurtz Poleski Womack

Foster LaFontaine Potvin Yonker

Franz Lane Price Zorn

Genetski

Nays—1

Geiss

In The Chair: Walsh

The question being on agreeing to the title of the bill,

Rep. Stamas moved to amend the title to read as follows:

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5512 and 11522 (MCL 324.5512 and 324.11522); and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

Senate Bill No. 569, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 9, 29a, and 29d (MCL 125.2009, 125.2029a, and 125.2029d), section 9 as amended by 1987 PA 278 and sections 29a and 29d as added by 2008 PA 75, and by adding section 29h.

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

Roll Call No. 615 Yeas—92

Ananich Geiss LeBlanc Rendon

Barnett Gilbert Lindberg Rogers

Bauer Glardon Lipton Rutledge

Bledsoe Haines Liss Santana

Bolger Hammel Lori Schmidt, R.

Brown Haugh Lund Schmidt, W.

Brunner Haveman Lyons Segal

Byrum Heise MacGregor Shaughnessy

Callton Hobbs McCann Slavens

Cavanagh Horn Meadows Smiley

Clemente Hovey-Wright Moss Stallworth

Constan Howze Muxlow Stamas

Crawford Hughes Nathan Stanley

Daley Irwin O’Brien Stapleton

Damrow Jackson Oakes Switalski

Darany Jacobsen Olson Talabi

Denby Jenkins Olumba Tlaib

Dillon Kandrevas Ouimet Townsend

Durhal Knollenberg Outman Tyler

Farrington Kowall Pettalia Walsh

Forlini Kurtz Poleski Womack

Foster LaFontaine Potvin Yonker

Franz Lane Price Zorn

Nays—15

Agema Goike McBroom Pscholka

Bumstead Hooker McMillin Shirkey

Cotter Huuki Nesbitt Somerville

Genetski Johnson Opsommer

In The Chair: Walsh

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; 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.

Second Reading of Bills

Senate Bill No. 864, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending sections 6e, 9q, and 10u (MCL 460.6e, 460.9q, and 460.10u), section 6e as added by 1980 PA 50, section 9q as added by 2009 PA 171, and section 10u as added by 2000 PA 141.

The bill was read a second time.

Rep. Horn 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. Horn moved to amend the bill as follows:

1. Amend page 10, line 12, after “AMOUNT” by inserting “AUTHORIZED FOR COLLECTION BY THIS SUBSECTION AND”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Stamas moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 864, entitled

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

Roll Call No. 616 Yeas—106

Agema Gilbert Lindberg Pscholka

Ananich Glardon Lipton Rendon

Barnett Goike Liss Rogers

Bauer Haines Lori Rutledge

Bledsoe Hammel Lund Santana

Bolger Haugh Lyons Schmidt, R.

Brown Haveman MacGregor Schmidt, W.

Brunner Heise McBroom Segal

Bumstead Hobbs McCann Shaughnessy

Byrum Hooker McMillin Shirkey

Callton Horn Meadows Slavens

Cavanagh Hovey-Wright Moss Smiley

Clemente Howze Muxlow Somerville

Constan Hughes Nathan Stallworth

Cotter Huuki Nesbitt Stamas

Crawford Irwin O’Brien Stanley

Daley Jackson Oakes Stapleton

Damrow Jacobsen Olson Switalski

Darany Jenkins Olumba Talabi

Denby Johnson Opsommer Tlaib

Dillon Kandrevas Ouimet Townsend

Durhal Knollenberg Outman Tyler

Farrington Kowall Pettalia Walsh

Forlini Kurtz Poleski Womack

Foster LaFontaine Potvin Yonker

Franz Lane Price Zorn

Geiss LeBlanc

Nays—1

Genetski

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 364, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; and to provide for the expenditure of the appropriations.

The bill was read a second time.

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

The motion prevailed.

Rep. Stamas moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 364, entitled

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

Roll Call No. 617 Yeas—106

Agema Gilbert Lindberg Pscholka

Ananich Glardon Lipton Rendon

Barnett Goike Liss Rogers

Bauer Haines Lori Rutledge

Bledsoe Hammel Lund Santana

Bolger Haugh Lyons Schmidt, R.

Brown Haveman MacGregor Schmidt, W.

Brunner Heise McBroom Segal

Bumstead Hobbs McCann Shaughnessy

Byrum Hooker McMillin Shirkey

Callton Horn Meadows Slavens

Cavanagh Hovey-Wright Moss Smiley

Clemente Howze Muxlow Somerville

Constan Hughes Nathan Stallworth

Cotter Huuki Nesbitt Stamas

Crawford Irwin O’Brien Stanley

Daley Jackson Oakes Stapleton

Damrow Jacobsen Olson Switalski

Darany Jenkins Olumba Talabi

Denby Johnson Opsommer Tlaib

Dillon Kandrevas Ouimet Townsend

Durhal Knollenberg Outman Tyler

Farrington Kowall Pettalia Walsh

Forlini Kurtz Poleski Womack

Foster LaFontaine Potvin Yonker

Franz Lane Price Zorn

Geiss LeBlanc

Nays—1

Genetski

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

Senate Concurrent Resolution No. 20.

A concurrent resolution to memorialize the United States Congress to enact legislation that classifies forestry management activities as nonpoint sources under the federal Clean Water Act.

(For text of concurrent resolution, see House Journal No. 88, p. 2523.)

(The concurrent resolution was reported by the Committee on Natural Resources, Tourism, and Outdoor Recreation on December 6.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

The Speaker laid before the House

Senate Concurrent Resolution No. 21.

A concurrent resolution to urge Congress and the United States Forest Service to take immediate and aggressive action to correct the mismanagement of national forestlands.

(For text of concurrent resolution, see House Journal No. 88, p. 2524.)

(The concurrent resolution was reported by the Committee on Natural Resources, Tourism, and Outdoor Recreation on December 6.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

______

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

The motion prevailed.

Messages from the Senate

House Bill No. 5190, entitled

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3) and ordered that it be given immediate effect.

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

Rep. Stamas moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (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. 618 Yeas—100

Agema Genetski Lane Price

Ananich Gilbert LeBlanc Pscholka

Bauer Glardon Lipton Rendon

Bledsoe Goike Liss Rogers

Bolger Haines Lori Rutledge

Brown Hammel Lund Santana

Brunner Haugh Lyons Schmidt, R.

Bumstead Haveman MacGregor Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shaughnessy

Cavanagh Hooker McMillin Shirkey

Clemente Horn Moss Slavens

Constan Hovey-Wright Muxlow Smiley

Cotter Howze Nathan Somerville

Crawford Hughes Nesbitt Stamas

Daley Huuki O’Brien Stanley

Damrow Jackson Oakes Switalski

Darany Jacobsen Olson Talabi

Denby Jenkins Olumba Tlaib

Dillon Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Nays—6

Barnett Lindberg Stallworth Stapleton

Irwin Meadows

In The Chair: Walsh

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

House Bill No. 5105, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 504, 803, 805, 810a, 8121, 8123, 8132, 8136, 8138, and 8150 (MCL 600.504, 600.803, 600.805, 600.810a, 600.8121, 600.8123, 600.8132, 600.8136, 600.8138, and 600.8150), sections 504 and 803 as amended by 2002 PA 715, section 805 as amended by 1988 PA 134, section 810a as amended by 2004 PA 492, section 8121 as amended by 2001 PA 258, section 8123 as amended by 2000 PA 448, section 8132 as amended by 1998 PA 47, and section 8138 as amended by 1998 PA 46.

The Senate has amended the bill as follows:

1. Amend page 1, line 4, after “63” by striking out “59” and inserting “60”.

2. Amend page 2, line 21, by striking out all of subsection (4) and renumbering the remaining subsections.

3. Amend page 13, line 14, after “(1)” by striking out “The” and inserting “UNTIL 12 NOON, JANUARY 1, 2015, THE”.

4. Amend page 13, line 15, after “judge.” by inserting “BEGINNING 12 NOON, JANUARY 1, 2015, THE SIXTY‑FIFTH‑A DISTRICT CONSISTS OF THE COUNTY OF CLINTON AND IS A DISTRICT OF THE FIRST CLASS. UNDER SECTION 810A, THE PROBATE JUDGE FOR THE COUNTY OF CLINTON SHALL SERVE AS A JUDGE OF THE SIXTY-FIFTH-A DISTRICT.”.

5. Amend page 13, line 16, after “(2)” by striking out “UNTIL APRIL 1, 2012, THE” and inserting “The”.

6. Amend page 13, line 18, after “judge.” by striking out the balance of the subsection.

The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Rep. Stamas moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendments made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 619 Yeas—101

Agema Glardon Lindberg Pscholka

Ananich Goike Lipton Rendon

Barnett Haines Liss Rogers

Bauer Hammel Lori Rutledge

Bledsoe Haugh Lund Santana

Bolger Haveman Lyons Schmidt, R.

Brown Hobbs MacGregor Schmidt, W.

Brunner Hooker McBroom Segal

Bumstead Horn McCann Shaughnessy

Byrum Hovey-Wright McMillin Shirkey

Callton Howze Meadows Smiley

Cavanagh Hughes Moss Somerville

Clemente Huuki Muxlow Stallworth

Constan Irwin Nathan Stamas

Cotter Jackson O’Brien Stanley

Crawford Jacobsen Oakes Stapleton

Damrow Jenkins Olson Switalski

Darany Johnson Olumba Talabi

Denby Kandrevas Opsommer Tlaib

Dillon Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Geiss Lane Potvin Yonker

Genetski LeBlanc Price Zorn

Gilbert

Nays—4

Daley Franz Heise Nesbitt

In The Chair: Walsh

The House agreed to the full title.

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

______

Rep. Slavens, under Rule 31, made the following statement:

“Mr. Speaker and members of the House:

I did not vote on Roll Call No. 619 because of a possible conflict of interest.”

House Bill No. 5126, entitled

A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2003 PA 94.

The Senate has substituted (S-5) the bill.

The Senate has passed the bill as substituted (S-5) and ordered that it be given immediate effect.

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

Rep. Stamas moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the substitute (S-5) made to the bill by the Senate,

Rep. Geiss moved to amend the Senate substitute (S-5) as follows:

1. Amend page 7, line 17, after “JANUARY 1,” by striking out “2015” and inserting “2014”.

2. Amend page 8, line 17, after “JANUARY 1,” by striking out “2015” and inserting “2014”.

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

Rep. Geiss moved to substitute (H-2) the Senate substitute (S-5).

The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Geiss moved to substitute (H-9) the Senate substitute (S-5).

The motion did not prevail and the substitute (H-9) was not adopted, a majority of the members serving not voting therefor.

The question being on concurring in the substitute (S-5) made to the bill by the Senate,

Rep. Stamas moved that consideration of the bill be postponed temporarily.

The motion prevailed.

Senate Concurrent Resolution No. 24.

A concurrent resolution prescribing the legislative schedule.

Resolved by the Senate (the House of Representatives concurring), That when the Legislature adjourns on Thursday, December 15, 2011, it stands adjourned until Wednesday, December 28, 2011, at 11:30 a.m.; and be it further

Resolved, That when the Legislature adjourns on Wednesday, December 28, 2011, it stands adjourned without day.

The Senate has adopted the concurrent resolution.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

The Speaker laid before the House

House Bill No. 4932, entitled

A bill to amend 1977 PA 89, entitled “State aid to public libraries act,” by amending section 6 (MCL 397.556), as amended by 2005 PA 30.

(The bill was received from the Senate on December 14, full title inserted and immediate effect given by the Senate, motion made for immediate effect and motion postponed temporarily, see House Journal No. 101, p. 2914.)

The question being on the motion made previously by Rep. Stamas,

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

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

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

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 Wednesday, December 28, at 11:30 a.m.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, December 15, for his approval of the following bills:

Enrolled House Bill No. 4582 at 3:05 p.m.

Enrolled House Bill No. 4683 at 3:07 p.m.

Enrolled House Bill No. 4820 at 3:09 p.m.

Enrolled House Bill No. 4990 at 3:11 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, December 15:

House Bill Nos. 5226 5227 5228 5229 5230 5231 5232

Senate Bill Nos. 880 881 882 883

The Clerk announced that the following Senate bills had been received on Thursday, December 15:

Senate Bill Nos. 534 865

Messages from the Senate

House Bill No. 4940, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 701 (MCL 206.701), as amended by 2011 PA 194.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 4949, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 623 (MCL 206.623), as added by 2011 PA 38.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 4950, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 671 (MCL 206.671), as amended by 2011 PA 185.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5087, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 411, 537, and 603 (MCL 436.1411, 436.1537, and 436.1603), section 411 as added by 2000 PA 395 and sections 537 and 603 as amended by 2010 PA 213.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5157, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 9 (MCL 125.2689), as amended by 2008 PA 495.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5125, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2009 PA 39.

The Senate has substituted (S-5) the bill.

The Senate has passed the bill as substituted (S-5) and ordered that it be given immediate effect.

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

House Bill No. 5194, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1225 (MCL 380.1225), as amended by 2006 PA 285.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 5195, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 17a (MCL 388.1617a), as amended by 2006 PA 342.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Concurrent Resolution No. 36.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Trustees of Western Michigan University relative to the Western Michigan University Sangren Hall Replacement project.

(For text of resolution, see House Journal No. 82, p. 2417.)

The Senate has adopted the concurrent resolution and named Senators Bieda, Booher, Brandenburg, Jansen, Kowall, Marleau, Nofs, Proos, Richardville and Schuitmaker as co‑sponsors.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 37.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and School District of the City of Dearborn relative to the Henry Ford Community College Science Building Improvements project.

(For text of resolution, see House Journal No. 82, p. 2418.)

The Senate has adopted the concurrent resolution and named Senators Bieda, Booher, Brandenburg, Kowall, Marleau, Nofs, Proos, Richardville and Schuitmaker as co‑sponsors.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 38.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Washtenaw Community College relative to the Washtenaw Community College Skilled Trades Training Program Renovations project.

(For text of resolution, see House Journal No. 82, p. 2419.)

The Senate has adopted the concurrent resolution and named Senators Bieda, Booher, Brandenburg, Kowall, Marleau, Nofs, Proos, Richardville, Schuitmaker and Warren as co‑sponsors.

The concurrent resolution was referred to the Clerk for record.

Senate Bill No. 534, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811t.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Transportation.

Senate Bill No. 865, entitled

A bill to provide for the removal of a local government from receivership; to provide for a receivership transition advisory board; and to prescribe the powers and duties of the governor, other state departments and officials, and officials and employees of units of local government, including school districts.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Government Operations.

Senate Concurrent Resolution No. 25.

A concurrent resolution prescribing the legislative schedule.

Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Thursday, December 15, 2011, it stands adjourned until Wednesday, December 28, 2011, at 11:30 a.m.; and be it further

Resolved, That when the House of Representatives adjourns on Friday, December 16, 2011, it stands adjourned until Wednesday, December 28, 2011, at 11:30 a.m.; and be it further

Resolved, That when the Legislature adjourns on Wednesday, December 28, 2011, it stands adjourned without day.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Government Operations.

Messages from the Governor

Date: December 13, 2011

Time: 3:08 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4293 (Public Act No. 256, I.E.), being

An act to revise, consolidate, and codify the laws relating to certain fireworks; to regulate the purchase, possession, sale, and use of certain fireworks; to establish a fireworks safety fund; to establish a fireworks safety fee; to provide for the transfer and expenditure of funds; to prescribe the powers and duties of certain state agencies; to provide for penalties and remedies; and to repeal acts and parts of acts.

(Filed with the Secretary of State December 14, 2011, at 11:32 a.m.)

Date: December 13, 2011

Time: 9:12 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4309 (Public Act No. 261, I.E.), being

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

(Filed with the Secretary of State December 14, 2011, at 4:36 p.m.)

Date: December 13, 2011

Time: 9:14 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4311 (Public Act No. 262, I.E.), being

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

(Filed with the Secretary of State December 14, 2011, at 4:38 p.m.)

Date: December 13, 2011

Time: 9:16 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4312 (Public Act No. 263, I.E.), being

An act to amend 1967 (Ex Sess) PA 7, entitled “An act to provide for interlocal public agency agreements; to provide standards for those agreements and for the filing and status of those agreements; to permit the allocation of certain taxes or money received from tax increment financing plans as revenues; to permit tax sharing; to provide for the imposition of certain surcharges; to provide for additional approval for those agreements; and to prescribe penalties and provide remedies,” by amending section 5 (MCL 124.505), as amended by 1985 PA 10.

(Filed with the Secretary of State December 14, 2011, at 4:40 p.m.)

Date: December 15, 2011

Time: 1:18 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4701 (Public Act No. 264, I.E.), being

An act to amend 1943 PA 240, entitled “An act to provide for a state employees’ retirement system; to create a state employees’ retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; to prescribe and make appropriations for the retirement system; and to prescribe penalties and provide remedies,” by amending sections 1b, 1e, 20, 27, 35, 38, 47, 48, 49, 50, 55, 64, 65, 67a, 68, and 68c (MCL 38.1b, 38.1e, 38.20, 38.27, 38.35, 38.38, 38.47, 38.48, 38.49, 38.50, 38.55, 38.64, 38.65, 38.67a, 38.68, and 38.68c), sections 1b, 20, and 48 as amended by 2002 PA 93, sections 1e and 64 as amended by 2004 PA 33, sections 27 and 67a as amended by 2004 PA 109, section 35 as added and sections 38, 68, and 68c as amended by 2010 PA 185, section 47 as amended by 2002 PA 743, section 49 as amended by 2008 PA 353, sections 50 and 65 as added by 1996 PA 487, and section 55 as amended by 2010 PA 256, and by adding sections 20j, 35a, 50a, 63a, 68b, and 68e.

(Filed with the Secretary of State December 15, 2011, at 2:00 p.m.)

Date: December 15, 2011

Time: 1:38 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4702 (Public Act No. 265, I.E.), being

An act to amend 2010 PA 77, entitled “An act to authorize and create irrevocable trusts for the purpose of holding, investing, and distributing assets to be used for certain postemployment health care benefits; to set forth certain rights that public employees have in retirement health care benefits under certain circumstances; to provide for the establishment and amendment of certain irrevocable trust agreements; and to prescribe certain powers and duties of certain retirement systems, state departments, public officials, and public employees,” by amending the title and sections 1, 2, 3, 4, 8, 10, 11, and 14 (MCL 38.2731, 38.2732, 38.2733, 38.2734, 38.2738, 38.2740, 38.2741, and 38.2744) and by adding sections 2a, 2b, and 10a.

(Filed with the Secretary of State December 15, 2011, at 2:02 p.m.)

Explanation of “No” Votes

Rep. Haugh, having reserved the right to explain his protest against the passage of the Senate Bill No. 806, made the following statement:

“Mr. Speaker and members of the House:

I voted no on Senate Bill 806 because it is harmful to workers under the guise of fixing fraud or stabilizing the unemployment system. In fact, all this bill does is lower costs to business by lowering the benefits available to workers who are unemployed through no fault of their own. One of the unintended consequences of the bill will be to severely restrict a source of revenue that routinely circulates through our local small businesses, thereby harming the businesses as much as hurting them. The bill if enacted would also:

(1) Require workers to take jobs that are outside of the worker’s specialized training and experience, and drastically lowering the minimum wage that the claimant must take. These two elements mean that many workers in Michigan would be forced into a cycle of working for much lower wages than their skills should command in the labor market instead of giving them the time that they need to find new work that is appropriate based on their specialized skill and experience;

(2) Add numerous provisions defining when an individual would be considered ‘unavailable for work,’ further disqualifying them from the Unemployment Insurance benefits they deserve, and on which their families depend;

(3) Allow the Unemployment Insurance Agency to obtain restitution from a claimant due to a benefit overpayment by aggressively garnishing wages, even in situations when the claimant was an honest actor and the benefits determination was simply mistaken. Additionally, there is no fair due process procedure for claimants to make their case in the event that a garnishment determination has been made in error; and,

(4) Introduce conflicting language about workers who are dealing with illness. It mandates that the worker must unsuccessfully seek a leave of absence in order to qualify for Unemployment Insurance benefits, but does not adequately address the issue of compensation during the leave of absence, thereby ignoring the fact that businesses are often not in a position to offer paid leaves of absence to its employees. This is a terrible example of placing unfair and unbalanced burden on workers precisely at a time when they need the most consideration.

For those reasons and more I voted no on Senate Bill 806. I also voted no on giving Senate Bill 806 Immediate Effect.”

Rep. Haugh, having reserved the right to explain his protest against the passage of the Senate Bill Nos. 483 and 484, made the following statement:

“Mr. Speaker and members of the House:

I voted no on Senate Bills 483 and 484, not because I disagree with the concept of lowering the cost to our state of providing unemployment benefits to those in need, but because the two bills are each needlessly tie-barred to Senate Bill 806. Without the tie-bars, I may have been able to support both of these bills. However, because Senate Bill 806 is a punitive and misguided effort to slash unemployment benefits to workers who have lost a job through no fault of their own, I voted no on Senate Bills 483 and 484 as a statement of my opposition to Senate Bill 806. I also voted against Immediate Effect for Senate Bills 483 and 484.”

Introduction of Bills

Reps. Shirkey, Liss and O’Brien introduced

House Bill No. 5233, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3107b, 3405, 3475, and 3631 (MCL 500.3107b, 500.3405, 500.3475, and 500.3631), section 3107b as amended by 2009 PA 222 and sections 3405, 3475, and 3631 as amended by 2009 PA 227.

The bill was read a first time by its title and referred to the Committee on Insurance.

Reps. Yonker, Liss and O’Brien introduced

House Bill No. 5234, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 315 (MCL 418.315), as amended by 2009 PA 226.

The bill was read a first time by its title and referred to the Committee on Insurance.

Reps. Stallworth, Liss and O’Brien introduced

House Bill No. 5235, entitled

A bill to amend 1984 PA 233, entitled “Prudent purchaser act,” by amending section 3 (MCL 550.53), as amended by 2009 PA 224.

The bill was read a first time by its title and referred to the Committee on Insurance.

Reps. Rutledge, Liss and O’Brien introduced

House Bill No. 5236, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 502 and 502a (MCL 550.1502 and 550.1502a), as amended by 2009 PA 225.

The bill was read a first time by its title and referred to the Committee on Insurance.

Rep. Ouimet introduced

House Bill No. 5237, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 2723 (MCL 700.2723), as added by 2010 PA 224.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Somerville, Heise, Cotter, McMillin, Cavanagh and Kowall introduced

House Bill No. 5238, entitled

A bill to prohibit certain terms in public employment contracts; to prohibit severance pay for voluntary termination of employment; to limit contract terms and payments for early termination of certain contracts; and to provide for civil fines.

The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

Rep. Somerville introduced

House Bill No. 5239, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending sections 111, 112, 113, and 114 (MCL 259.111, 259.112, 259.113, and 259.114), as added by 2002 PA 90.

The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

______

Rep. Byrum moved that the House adjourn.

The motion prevailed, the time being 9:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, December 28, at 11:30 a.m.

GARY L. RANDALL

Clerk of the House of Representatives

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