No. 26
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2012
House Chamber, Lansing, Tuesday, March 13, 2012.
1:30 p.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Gilbert—present LeBlanc—present Price—present
Ananich—present Glardon—present Lindberg—present Pscholka—present
Barnett—present Goike—present Lipton—present Rendon—present
Bauer—present Graves—present Liss—present Rogers—present
Bledsoe—present Greimel—present Lori—present Rutledge—present
Bolger—present Haines—present Lund—present Santana—present
Brown—present Hammel—excused Lyons—present Schmidt, R.—present
Brunner—present Haugh—present MacGregor—present Schmidt, W.—present
Bumstead—present Haveman—present MacMaster—present Segal—present
Byrum—present Heise—present McBroom—present Shaughnessy—present
Callton—present Hobbs—present McCann—present Shirkey—present
Cavanagh—present Hooker—present McMillin—present Slavens—present
Clemente—present Horn—present Meadows—present Smiley—present
Constan—present Hovey-Wright—present Moss—present Somerville—present
Cotter—present Howze—present Muxlow—present Stallworth—present
Crawford—present Hughes—present Nathan—present Stamas—present
Daley—present Huuki—present Nesbitt—present Stanley—present
Damrow—present Irwin—present O’Brien—present Stapleton—present
Darany—present Jackson—present Oakes—present Switalski—present
Denby—present Jacobsen—present Olson—present Talabi—present
Dillon—present Jenkins—present Olumba—present Tlaib—present
Durhal—present Johnson—present Opsommer—present Townsend—present
Farrington—present Kandrevas—present Ouimet—present Tyler—present
Forlini—present Knollenberg—present Outman—present Walsh—present
Foster—present Kowall—present Pettalia—present Womack—present
Franz—present Kurtz—present Poleski—present Yonker—present
Geiss—present LaFontaine—present Potvin—present Zorn—present
Genetski—present Lane—present
e/d/s = entered during session
Rep. Peter MacGregor, from the 73rd District, offered the following invocation:
“We come together to ask for Your guidance as we govern our great state & country, which You have so richly blessed. We pray that You will work in all of us as we decipher Your good and perfect will. As we work towards Your will, may we seek peaceful solutions with respect and patience. May our trust always be in You and may we acknowledge You for all good things. We thank You for giving us the opportunity to be Your servants and we pray for all of our leaders, that they may be granted Your strength and wisdom.
In Jesus name,
Amen.”
______
Rep. Segal moved that Rep. Hammel be excused from today’s session.
The motion prevailed.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Motions and Resolutions
Reps. Tyler, Barnett, Constan, Crawford, Darany, Heise, Hooker, Horn, Knollenberg, LeBlanc, Liss, Lori, MacMaster, O’Brien, Segal, Slavens and Talabi offered the following resolution:
House Resolution No. 209.
A resolution to declare March 14, 2012, as Agriculture Day in the state of Michigan.
Whereas, Agriculture is the second largest industry in the state of Michigan and agriculture has grown during our most recent economic hardships; and
Whereas, Michigan is a national leader in the production of commodities, with more than 200 separate commodities produced on a commercial basis. Our state is the leading producer in 17 of those commodities; and
Whereas, Michigan’s agricultural economy is stronger than the economy in general. There are 55,000 farms and over 500 food processors in Michigan; and
Whereas, Michigan farmers contribute more than $71.3 billion in high-quality food, fiber and floriculture annually to the state’s economy; and
Whereas, Michigan’s many microclimates permit the growing of grains, corn, beans, celery, apples, cherries and grapes among others; and
Whereas, Michigan’s livestock and dairy sectors produce superior quality beef, poultry, pork and dairy products enjoyed throughout the world; and
Whereas, Our abundant natural resources continue to make Michigan a great place to live, work and play. As the state continues to recover from the most recent economic struggles, agriculture will continue to play a vital role in our long-term recovery; and
Whereas, Michigan agriculture is a renewable economic resource for the state, employing more than one million people and creating income that is replenished every year in the state; and
Whereas, Michigan agriculture is a family affair, with families or partners owning the overwhelming majority of the state’s farms and agricultural facilities; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare March 14, 2012, as Agriculture Day in the state of Michigan. We recognize and honor the achievements and contributions of farmers and the thousands of people involved in jobs relating to Michigan agriculture.
The question being on the adoption of the resolution,
The resolution was adopted.
Third Reading of Bills
House Bill No. 4798, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2005 PA 171.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 101 Yeas—72
Agema Genetski Kowall Outman
Bolger Gilbert Kurtz Pettalia
Brunner Glardon LaFontaine Poleski
Bumstead Goike LeBlanc Potvin
Callton Graves Lori Price
Clemente Greimel Lund Pscholka
Constan Haines Lyons Rendon
Cotter Haveman MacGregor Rogers
Crawford Heise MacMaster Schmidt, R.
Daley Hooker McBroom Schmidt, W.
Damrow Horn McMillin Shaughnessy
Darany Hughes Moss Shirkey
Denby Huuki Muxlow Somerville
Dillon Jackson Nesbitt Stamas
Farrington Jacobsen O’Brien Tyler
Forlini Jenkins Olson Walsh
Foster Johnson Opsommer Yonker
Franz Knollenberg Ouimet Zorn
Nays—37
Ananich Hobbs McCann Smiley
Barnett Hovey-Wright Meadows Stallworth
Bauer Howze Nathan Stanley
Bledsoe Irwin Oakes Stapleton
Brown Kandrevas Olumba Switalski
Byrum Lane Rutledge Talabi
Cavanagh Lindberg Santana Tlaib
Durhal Lipton Segal Townsend
Geiss Liss Slavens Womack
Haugh
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 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2011 PA 202.
The motion prevailed.
The House agreed to the title as amended.
______
Reps. Bauer, Rutledge, Slavens and Lipton, having reserved the right to explain their protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on House Bills 4798, 4799, 5134, 5181, and 5182 because I believe that not only should a woman not be coerced into having an abortion, but a woman should also not be coerced into carry a pregnancy to full term. This legislative package, referenced as the Coercive Abortion Prevention Act, does nothing to improve women’s health or prevent unintended pregnancies, but instead seeks to limit and interrupt the right of women to keep a medical decision between herself and her doctor.
Currently, the Guttmacher Institute ranks Michigan 48th in the nation in its efforts to help women avoid unintended pregnancies and worst in terms of the quality of its sex education policies. Our members offered amendments that would have ensured that steps were taken to prevent unintended pregnancies and need for abortions by supporting the Prevention First legislation. We also tried to make it so that a woman was also protected by not being coerced into having the baby. Women should NOT be coerced into or out of having an abortion. All reproductive health choices should be freely made and well informed and this chamber should not presume that women are somehow not fully capable of making such decisions.
Finally, law enforcement and prosecuting attorneys told us that these bills are unenforceable and largely repetitive of laws already in place, plus they would create an extra burden for them to do their jobs.
The bottom line is that the Legislature should stay out of private health care decisions and these bills do nothing to protect pregnant women.”
Rep. Smiley, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
No Vote Explanation on Coercive Abortion Prevention Package (HB 4798, 4799, 5134, 5181, 5182)
I voted no on House Bills 4798, 4799, 5134, 5181, and 5182 because I believe that not only should a woman not be coerced into having an abortion, but a woman should also not be coerced into carry a pregnancy to full term. This legislative package, referenced as the Coercive Abortion Prevention Act, does nothing to improve women’s health or prevent unintended pregnancies, but instead seeks to limit and interrupt the right of women to keep a medical decision between herself and her doctor.
Currently, the Guttmacher Institute ranks Michigan 48th in the nation in its efforts to help women avoid unintended pregnancies and worst in terms of the quality of its sex education policies. Our members offered amendments that would have ensured that steps were taken to prevent unintended pregnancies and need for abortions by supporting the Prevention First legislation. We also tried to make it so that a woman was also protected by not being coerced into having the baby. Women should NOT be coerced into or out of having an abortion. All reproductive health choices should be freely made and well informed and this chamber should not presume that women are somehow not fully capable of making such decisions.
Finally, law enforcement and prosecuting attorneys told us that these bills are unenforceable and largely repetitive of laws already in place, plus they would create an extra burden for them to do their jobs.
The bottom line is that the Legislature should stay out of private health care decisions and these bills do nothing to protect pregnant women.”
Rep. Stamas moved that the bill be given immediate effect.
The question being on the motion made by Rep. Stamas,
Rep. Segal demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stamas,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 102 Yeas—70
Agema Glardon LaFontaine Pettalia
Bolger Goike LeBlanc Poleski
Brunner Graves Lori Potvin
Bumstead Greimel Lund Price
Callton Haines Lyons Pscholka
Constan Haveman MacGregor Rendon
Cotter Heise MacMaster Rogers
Crawford Hooker McBroom Schmidt, R.
Daley Horn McMillin Schmidt, W.
Damrow Hughes Moss Shaughnessy
Darany Huuki Muxlow Shirkey
Denby Jackson Nesbitt Somerville
Farrington Jacobsen O’Brien Stamas
Forlini Jenkins Olson Tyler
Foster Johnson Opsommer Walsh
Franz Knollenberg Ouimet Yonker
Genetski Kowall Outman Zorn
Gilbert Kurtz
Nays—39
Ananich Geiss Liss Smiley
Barnett Haugh McCann Stallworth
Bauer Hobbs Meadows Stanley
Bledsoe Hovey-Wright Nathan Stapleton
Brown Howze Oakes Switalski
Byrum Irwin Olumba Talabi
Cavanagh Kandrevas Rutledge Tlaib
Clemente Lane Santana Townsend
Dillon Lindberg Segal Womack
Durhal Lipton Slavens
In The Chair: Walsh
House Bill No. 4799, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 213a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 103 Yeas—72
Agema Genetski Kowall Outman
Bolger Gilbert Kurtz Pettalia
Brunner Glardon LaFontaine Poleski
Bumstead Goike LeBlanc Potvin
Callton Graves Lori Price
Clemente Greimel Lund Pscholka
Constan Haines Lyons Rendon
Cotter Haveman MacGregor Rogers
Crawford Heise MacMaster Schmidt, R.
Daley Hooker McBroom Schmidt, W.
Damrow Horn McMillin Shaughnessy
Darany Hughes Moss Shirkey
Denby Huuki Muxlow Somerville
Dillon Jackson Nesbitt Stamas
Farrington Jacobsen O’Brien Tyler
Forlini Jenkins Olson Walsh
Foster Johnson Opsommer Yonker
Franz Knollenberg Ouimet Zorn
Nays—37
Ananich Hobbs McCann Smiley
Barnett Hovey-Wright Meadows Stallworth
Bauer Howze Nathan Stanley
Bledsoe Irwin Oakes Stapleton
Brown Kandrevas Olumba Switalski
Byrum Lane Rutledge Talabi
Cavanagh Lindberg Santana Tlaib
Durhal Lipton Segal Townsend
Geiss Liss Slavens Womack
Haugh
In The Chair: Walsh
The House agreed to the title of the bill.
______
Reps. Bauer, Rutledge, Slavens and Lipton, having reserved the right to explain their protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on House Bills 4798, 4799, 5134, 5181, and 5182 because I believe that not only should a woman not be coerced into having an abortion, but a woman should also not be coerced into carry a pregnancy to full term. This legislative package, referenced as the Coercive Abortion Prevention Act, does nothing to improve women’s health or prevent unintended pregnancies, but instead seeks to limit and interrupt the right of women to keep a medical decision between herself and her doctor.
Currently, the Guttmacher Institute ranks Michigan 48th in the nation in its efforts to help women avoid unintended pregnancies and worst in terms of the quality of its sex education policies. Our members offered amendments that would have ensured that steps were taken to prevent unintended pregnancies and need for abortions by supporting the Prevention First legislation. We also tried to make it so that a woman was also protected by not being coerced into having the baby. Women should NOT be coerced into or out of having an abortion. All reproductive health choices should be freely made and well informed and this chamber should not presume that women are somehow not fully capable of making such decisions.
Finally, law enforcement and prosecuting attorneys told us that these bills are unenforceable and largely repetitive of laws already in place, plus they would create an extra burden for them to do their jobs.
The bottom line is that the Legislature should stay out of private health care decisions and these bills do nothing to protect pregnant women.”
Rep. Smiley, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
No Vote Explanation on Coercive Abortion Prevention Package (HB 4798, 4799, 5134, 5181, 5182)
I voted no on House Bills 4798, 4799, 5134, 5181, and 5182 because I believe that not only should a woman not be coerced into having an abortion, but a woman should also not be coerced into carry a pregnancy to full term. This legislative package, referenced as the Coercive Abortion Prevention Act, does nothing to improve women’s health or prevent unintended pregnancies, but instead seeks to limit and interrupt the right of women to keep a medical decision between herself and her doctor.
Currently, the Guttmacher Institute ranks Michigan 48th in the nation in its efforts to help women avoid unintended pregnancies and worst in terms of the quality of its sex education policies. Our members offered amendments that would have ensured that steps were taken to prevent unintended pregnancies and need for abortions by supporting the Prevention First legislation. We also tried to make it so that a woman was also protected by not being coerced into having the baby. Women should NOT be coerced into or out of having an abortion. All reproductive health choices should be freely made and well informed and this chamber should not presume that women are somehow not fully capable of making such decisions.
Finally, law enforcement and prosecuting attorneys told us that these bills are unenforceable and largely repetitive of laws already in place, plus they would create an extra burden for them to do their jobs.
The bottom line is that the Legislature should stay out of private health care decisions and these bills do nothing to protect pregnant women.”
Rep. Stamas moved that the bill be given immediate effect.
The question being on the motion made by Rep. Stamas,
Rep. Segal demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stamas,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 104 Yeas—70
Agema Glardon LaFontaine Pettalia
Bolger Goike LeBlanc Poleski
Brunner Graves Lori Potvin
Bumstead Greimel Lund Price
Callton Haines Lyons Pscholka
Constan Haveman MacGregor Rendon
Cotter Heise MacMaster Rogers
Crawford Hooker McBroom Schmidt, R.
Daley Horn McMillin Schmidt, W.
Damrow Hughes Moss Shaughnessy
Darany Huuki Muxlow Shirkey
Denby Jackson Nesbitt Somerville
Farrington Jacobsen O’Brien Stamas
Forlini Jenkins Olson Tyler
Foster Johnson Opsommer Walsh
Franz Knollenberg Ouimet Yonker
Genetski Kowall Outman Zorn
Gilbert Kurtz
Nays—39
Ananich Geiss Liss Smiley
Barnett Haugh McCann Stallworth
Bauer Hobbs Meadows Stanley
Bledsoe Hovey-Wright Nathan Stapleton
Brown Howze Oakes Switalski
Byrum Irwin Olumba Talabi
Cavanagh Kandrevas Rutledge Tlaib
Clemente Lane Santana Townsend
Dillon Lindberg Segal Womack
Durhal Lipton Slavens
In The Chair: Walsh
House Bill No. 5134, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17515 (MCL 333.17515), as added by 1993 PA 133, and by adding section 17015a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 105 Yeas—71
Agema Genetski Kurtz Pettalia
Bolger Gilbert LaFontaine Poleski
Brunner Glardon LeBlanc Potvin
Bumstead Goike Lori Price
Callton Graves Lund Pscholka
Clemente Haines Lyons Rendon
Constan Haveman MacGregor Rogers
Cotter Heise MacMaster Schmidt, R.
Crawford Hooker McBroom Schmidt, W.
Daley Horn McMillin Shaughnessy
Damrow Hughes Moss Shirkey
Darany Huuki Muxlow Somerville
Denby Jackson Nesbitt Stamas
Dillon Jacobsen O’Brien Tyler
Farrington Jenkins Olson Walsh
Forlini Johnson Opsommer Yonker
Foster Knollenberg Ouimet Zorn
Franz Kowall Outman
Nays—38
Ananich Haugh McCann Smiley
Barnett Hobbs Meadows Stallworth
Bauer Hovey-Wright Nathan Stanley
Bledsoe Howze Oakes Stapleton
Brown Irwin Olumba Switalski
Byrum Kandrevas Rutledge Talabi
Cavanagh Lane Santana Tlaib
Durhal Lindberg Segal Townsend
Geiss Lipton Slavens Womack
Greimel Liss
In The Chair: Walsh
The House agreed to the title of the bill.
______
Reps. Bauer, Rutledge, Slavens and Lipton, having reserved the right to explain their protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on House Bills 4798, 4799, 5134, 5181, and 5182 because I believe that not only should a woman not be coerced into having an abortion, but a woman should also not be coerced into carry a pregnancy to full term. This legislative package, referenced as the Coercive Abortion Prevention Act, does nothing to improve women’s health or prevent unintended pregnancies, but instead seeks to limit and interrupt the right of women to keep a medical decision between herself and her doctor.
Currently, the Guttmacher Institute ranks Michigan 48th in the nation in its efforts to help women avoid unintended pregnancies and worst in terms of the quality of its sex education policies. Our members offered amendments that would have ensured that steps were taken to prevent unintended pregnancies and need for abortions by supporting the Prevention First legislation. We also tried to make it so that a woman was also protected by not being coerced into having the baby. Women should NOT be coerced into or out of having an abortion. All reproductive health choices should be freely made and well informed and this chamber should not presume that women are somehow not fully capable of making such decisions.
Finally, law enforcement and prosecuting attorneys told us that these bills are unenforceable and largely repetitive of laws already in place, plus they would create an extra burden for them to do their jobs.
The bottom line is that the Legislature should stay out of private health care decisions and these bills do nothing to protect pregnant women.”
Rep. Smiley, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
No Vote Explanation on Coercive Abortion Prevention Package (HB 4798, 4799, 5134, 5181, 5182)
I voted no on House Bills 4798, 4799, 5134, 5181, and 5182 because I believe that not only should a woman not be coerced into having an abortion, but a woman should also not be coerced into carry a pregnancy to full term. This legislative package, referenced as the Coercive Abortion Prevention Act, does nothing to improve women’s health or prevent unintended pregnancies, but instead seeks to limit and interrupt the right of women to keep a medical decision between herself and her doctor.
Currently, the Guttmacher Institute ranks Michigan 48th in the nation in its efforts to help women avoid unintended pregnancies and worst in terms of the quality of its sex education policies. Our members offered amendments that would have ensured that steps were taken to prevent unintended pregnancies and need for abortions by supporting the Prevention First legislation. We also tried to make it so that a woman was also protected by not being coerced into having the baby. Women should NOT be coerced into or out of having an abortion. All reproductive health choices should be freely made and well informed and this chamber should not presume that women are somehow not fully capable of making such decisions.
Finally, law enforcement and prosecuting attorneys told us that these bills are unenforceable and largely repetitive of laws already in place, plus they would create an extra burden for them to do their jobs.
The bottom line is that the Legislature should stay out of private health care decisions and these bills do nothing to protect pregnant women.”
Rep. Stamas moved that the bill be given immediate effect.
The question being on the motion made by Rep. Stamas,
Rep. Segal demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stamas,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 106 Yeas—69
Agema Glardon LaFontaine Pettalia
Bolger Goike LeBlanc Poleski
Brunner Graves Lori Potvin
Bumstead Haines Lund Price
Callton Haveman Lyons Pscholka
Constan Heise MacGregor Rendon
Cotter Hooker MacMaster Rogers
Crawford Horn McBroom Schmidt, R.
Daley Hughes McMillin Schmidt, W.
Damrow Huuki Moss Shaughnessy
Darany Jackson Muxlow Shirkey
Denby Jacobsen Nesbitt Somerville
Farrington Jenkins O’Brien Stamas
Forlini Johnson Olson Tyler
Foster Knollenberg Opsommer Walsh
Franz Kowall Ouimet Yonker
Genetski Kurtz Outman Zorn
Gilbert
Nays—40
Ananich Geiss Lipton Slavens
Barnett Greimel Liss Smiley
Bauer Haugh McCann Stallworth
Bledsoe Hobbs Meadows Stanley
Brown Hovey-Wright Nathan Stapleton
Byrum Howze Oakes Switalski
Cavanagh Irwin Olumba Talabi
Clemente Kandrevas Rutledge Tlaib
Dillon Lane Santana Townsend
Durhal Lindberg Segal Womack
In The Chair: Walsh
House Bill No. 5181, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2977.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 107 Yeas—72
Agema Genetski Kowall Outman
Bolger Gilbert Kurtz Pettalia
Brunner Glardon LaFontaine Poleski
Bumstead Goike LeBlanc Potvin
Callton Graves Lori Price
Clemente Greimel Lund Pscholka
Constan Haines Lyons Rendon
Cotter Haveman MacGregor Rogers
Crawford Heise MacMaster Schmidt, R.
Daley Hooker McBroom Schmidt, W.
Damrow Horn McMillin Shaughnessy
Darany Hughes Moss Shirkey
Denby Huuki Muxlow Somerville
Dillon Jackson Nesbitt Stamas
Farrington Jacobsen O’Brien Tyler
Forlini Jenkins Olson Walsh
Foster Johnson Opsommer Yonker
Franz Knollenberg Ouimet Zorn
Nays—37
Ananich Hobbs McCann Smiley
Barnett Hovey-Wright Meadows Stallworth
Bauer Howze Nathan Stanley
Bledsoe Irwin Oakes Stapleton
Brown Kandrevas Olumba Switalski
Byrum Lane Rutledge Talabi
Cavanagh Lindberg Santana Tlaib
Durhal Lipton Segal Townsend
Geiss Liss Slavens Womack
Haugh
In The Chair: Walsh
The House agreed to the title of the bill.
Reps. Bauer, Rutledge, Slavens and Lipton, having reserved the right to explain their protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on House Bills 4798, 4799, 5134, 5181, and 5182 because I believe that not only should a woman not be coerced into having an abortion, but a woman should also not be coerced into carry a pregnancy to full term. This legislative package, referenced as the Coercive Abortion Prevention Act, does nothing to improve women’s health or prevent unintended pregnancies, but instead seeks to limit and interrupt the right of women to keep a medical decision between herself and her doctor.
Currently, the Guttmacher Institute ranks Michigan 48th in the nation in its efforts to help women avoid unintended pregnancies and worst in terms of the quality of its sex education policies. Our members offered amendments that would have ensured that steps were taken to prevent unintended pregnancies and need for abortions by supporting the Prevention First legislation. We also tried to make it so that a woman was also protected by not being coerced into having the baby. Women should NOT be coerced into or out of having an abortion. All reproductive health choices should be freely made and well informed and this chamber should not presume that women are somehow not fully capable of making such decisions.
Finally, law enforcement and prosecuting attorneys told us that these bills are unenforceable and largely repetitive of laws already in place, plus they would create an extra burden for them to do their jobs.
The bottom line is that the Legislature should stay out of private health care decisions and these bills do nothing to protect pregnant women.”
Rep. Smiley, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
No Vote Explanation on Coercive Abortion Prevention Package (HB 4798, 4799, 5134, 5181, 5182)
I voted no on House Bills 4798, 4799, 5134, 5181, and 5182 because I believe that not only should a woman not be coerced into having an abortion, but a woman should also not be coerced into carry a pregnancy to full term. This legislative package, referenced as the Coercive Abortion Prevention Act, does nothing to improve women’s health or prevent unintended pregnancies, but instead seeks to limit and interrupt the right of women to keep a medical decision between herself and her doctor.
Currently, the Guttmacher Institute ranks Michigan 48th in the nation in its efforts to help women avoid unintended pregnancies and worst in terms of the quality of its sex education policies. Our members offered amendments that would have ensured that steps were taken to prevent unintended pregnancies and need for abortions by supporting the Prevention First legislation. We also tried to make it so that a woman was also protected by not being coerced into having the baby. Women should NOT be coerced into or out of having an abortion. All reproductive health choices should be freely made and well informed and this chamber should not presume that women are somehow not fully capable of making such decisions.
Finally, law enforcement and prosecuting attorneys told us that these bills are unenforceable and largely repetitive of laws already in place, plus they would create an extra burden for them to do their jobs.
The bottom line is that the Legislature should stay out of private health care decisions and these bills do nothing to protect pregnant women.”
Rep. Stamas moved that the bill be given immediate effect.
The question being on the motion made by Rep. Stamas,
Rep. Segal demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stamas,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 108 Yeas—70
Agema Glardon LaFontaine Pettalia
Bolger Goike LeBlanc Poleski
Brunner Graves Lori Potvin
Bumstead Greimel Lund Price
Callton Haines Lyons Pscholka
Constan Haveman MacGregor Rendon
Cotter Heise MacMaster Rogers
Crawford Hooker McBroom Schmidt, R.
Daley Horn McMillin Schmidt, W.
Damrow Hughes Moss Shaughnessy
Darany Huuki Muxlow Shirkey
Denby Jackson Nesbitt Somerville
Farrington Jacobsen O’Brien Stamas
Forlini Jenkins Olson Tyler
Foster Johnson Opsommer Walsh
Franz Knollenberg Ouimet Yonker
Genetski Kowall Outman Zorn
Gilbert Kurtz
Nays—39
Ananich Geiss Liss Smiley
Barnett Haugh McCann Stallworth
Bauer Hobbs Meadows Stanley
Bledsoe Hovey-Wright Nathan Stapleton
Brown Howze Oakes Switalski
Byrum Irwin Olumba Talabi
Cavanagh Kandrevas Rutledge Tlaib
Clemente Lane Santana Townsend
Dillon Lindberg Segal Womack
Durhal Lipton Slavens
In The Chair: Walsh
House Bill No. 5182, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17015 (MCL 333.17015), as amended by 2006 PA 77.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 109 Yeas—72
Agema Genetski Kurtz Pettalia
Bolger Gilbert LaFontaine Poleski
Brunner Glardon LeBlanc Potvin
Bumstead Goike Lori Price
Callton Graves Lund Pscholka
Clemente Haines Lyons Rendon
Constan Haveman MacGregor Rogers
Cotter Heise MacMaster Schmidt, R.
Crawford Hooker McBroom Schmidt, W.
Daley Horn McMillin Shaughnessy
Damrow Hughes Moss Shirkey
Darany Huuki Muxlow Somerville
Denby Jackson Nesbitt Stallworth
Dillon Jacobsen O’Brien Stamas
Farrington Jenkins Olson Tyler
Forlini Johnson Opsommer Walsh
Foster Knollenberg Ouimet Yonker
Franz Kowall Outman Zorn
Nays—37
Ananich Haugh Liss Slavens
Barnett Hobbs McCann Smiley
Bauer Hovey-Wright Meadows Stanley
Bledsoe Howze Nathan Stapleton
Brown Irwin Oakes Switalski
Byrum Kandrevas Olumba Talabi
Cavanagh Lane Rutledge Tlaib
Durhal Lindberg Santana Townsend
Geiss Lipton Segal Womack
Greimel
In The Chair: Walsh
The House agreed to the title of the bill.
______
Reps. Bauer, Rutledge, Slavens and Lipton, having reserved the right to explain their protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on House Bills 4798, 4799, 5134, 5181, and 5182 because I believe that not only should a woman not be coerced into having an abortion, but a woman should also not be coerced into carry a pregnancy to full term. This legislative package, referenced as the Coercive Abortion Prevention Act, does nothing to improve women’s health or prevent unintended pregnancies, but instead seeks to limit and interrupt the right of women to keep a medical decision between herself and her doctor.
Currently, the Guttmacher Institute ranks Michigan 48th in the nation in its efforts to help women avoid unintended pregnancies and worst in terms of the quality of its sex education policies. Our members offered amendments that would have ensured that steps were taken to prevent unintended pregnancies and need for abortions by supporting the Prevention First legislation. We also tried to make it so that a woman was also protected by not being coerced into having the baby. Women should NOT be coerced into or out of having an abortion. All reproductive health choices should be freely made and well informed and this chamber should not presume that women are somehow not fully capable of making such decisions.
Finally, law enforcement and prosecuting attorneys told us that these bills are unenforceable and largely repetitive of laws already in place, plus they would create an extra burden for them to do their jobs.
The bottom line is that the Legislature should stay out of private health care decisions and these bills do nothing to protect pregnant women.”
Rep. Smiley, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
No Vote Explanation on Coercive Abortion Prevention Package (HB 4798, 4799, 5134, 5181, 5182)
I voted no on House Bills 4798, 4799, 5134, 5181, and 5182 because I believe that not only should a woman not be coerced into having an abortion, but a woman should also not be coerced into carry a pregnancy to full term. This legislative package, referenced as the Coercive Abortion Prevention Act, does nothing to improve women’s health or prevent unintended pregnancies, but instead seeks to limit and interrupt the right of women to keep a medical decision between herself and her doctor.
Currently, the Guttmacher Institute ranks Michigan 48th in the nation in its efforts to help women avoid unintended pregnancies and worst in terms of the quality of its sex education policies. Our members offered amendments that would have ensured that steps were taken to prevent unintended pregnancies and need for abortions by supporting the Prevention First legislation. We also tried to make it so that a woman was also protected by not being coerced into having the baby. Women should NOT be coerced into or out of having an abortion. All reproductive health choices should be freely made and well informed and this chamber should not presume that women are somehow not fully capable of making such decisions.
Finally, law enforcement and prosecuting attorneys told us that these bills are unenforceable and largely repetitive of laws already in place, plus they would create an extra burden for them to do their jobs.
The bottom line is that the Legislature should stay out of private health care decisions and these bills do nothing to protect pregnant women.”
Rep. Stamas moved that the bill be given immediate effect.
The question being on the motion made by Rep. Stamas,
Rep. Segal demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stamas,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 110 Yeas—69
Agema Glardon LaFontaine Pettalia
Bolger Goike LeBlanc Poleski
Brunner Graves Lori Potvin
Bumstead Haines Lund Price
Callton Haveman Lyons Pscholka
Constan Heise MacGregor Rendon
Cotter Hooker MacMaster Rogers
Crawford Horn McBroom Schmidt, R.
Daley Hughes McMillin Schmidt, W.
Damrow Huuki Moss Shaughnessy
Darany Jackson Muxlow Shirkey
Denby Jacobsen Nesbitt Somerville
Farrington Jenkins O’Brien Stamas
Forlini Johnson Olson Tyler
Foster Knollenberg Opsommer Walsh
Franz Kowall Ouimet Yonker
Genetski Kurtz Outman Zorn
Gilbert
Nays—40
Ananich Geiss Lipton Slavens
Barnett Greimel Liss Smiley
Bauer Haugh McCann Stallworth
Bledsoe Hobbs Meadows Stanley
Brown Hovey-Wright Nathan Stapleton
Byrum Howze Oakes Switalski
Cavanagh Irwin Olumba Talabi
Clemente Kandrevas Rutledge Tlaib
Dillon Lane Santana Townsend
Durhal Lindberg Segal Womack
In The Chair: Walsh
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, March 8:
Senate Bill Nos. 1009 1010 1011 1012 1013
The Clerk announced the enrollment printing and presentation to the Governor on Friday, March 9, for his approval of the following bills:
Enrolled House Bill No. 4246 at 11:15 a.m.
Enrolled House Bill No. 4929 at 11:17 a.m.
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Friday, March 9:
House Bill Nos. 5459 5460 5461 5462 5463 5464 5465
House Joint Resolution RR
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, March 13, for his approval of the following bills:
Enrolled House Bill No. 4668 at 9:55 a.m.
Enrolled House Bill No. 4669 at 9:57 a.m.
Enrolled House Bill No. 4846 at 9:59 a.m.
Enrolled House Bill No. 4847 at 10:01 a.m.
Enrolled House Bill No. 4848 at 10:03 a.m.
Enrolled House Bill No. 4978 at 10:05 a.m.
Enrolled House Bill No. 5109 at 10:07 a.m.
Enrolled House Bill No. 5110 at 10:09 a.m.
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Tuesday, March 13 :
Senate Bill Nos. 1014 1015 1016 1017
Senate Joint Resolution T
The Clerk announced that the following Senate bills had been received on Tuesday, March 13:
Senate Bill Nos. 414 415 981
Reports of Standing Committees
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 4864, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 296.
With the recommendation that the bill be referred to the Committee on Commerce.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Irwin and Cavanagh
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Commerce.
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 4865, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16o of chapter XVII (MCL 777.16o), as amended by 2010 PA 130.
With the recommendation that the bill be referred to the Committee on Commerce.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Irwin and Cavanagh
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Commerce.
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 4866, entitled
A bill to provide protection from civil liability related to the operation of farm markets.
With the recommendation that the bill be referred to the Committee on Agriculture.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Irwin and Cavanagh
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Agriculture.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Walsh, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Thursday, March 8, 2012
Present: Reps. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba
The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported
Senate Bill No. 992, entitled
A bill to regulate the use and enforceability of certain loan covenants in nonrecourse commercial loan transactions in this state.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shaughnessy, Zorn, Bledsoe, Haugh, Clemente and Townsend
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wayne Schmidt, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, March 13, 2012
Present: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente and Townsend
Absent: Rep. Olumba
The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported
Senate Bill No. 466, entitled
A bill to prescribe the senior or vulnerable adult medical alert as the official response to reports of certain missing persons; to provide for the broadcast of information regarding those incidents; and to provide for certain civil immunity.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 4, line 7, after “a” by inserting “missing”.
2. Amend page 4, line 22, after “a” by inserting “missing”.
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens and Lane
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kurtz, Chair, of the Committee on Families, Children, and Seniors, was received and read:
Meeting held on: Tuesday, March 13, 2012
Present: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens and Lane
Absent: Rep. Stapleton
Excused: Rep. Stapleton
The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported
House Bill No. 5061, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 761 (MCL 168.761), as amended by 2005 PA 71, and by adding sections 38 and 764c.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lund, McBroom, Knollenberg, Outman and Pscholka
Nays: Reps. Byrum, Nathan and Stanley
The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported
House Bill No. 5062, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 31, 33, 679a, 811, 847, 931, and 942 (MCL 168.31, 168.33, 168.679a, 168.811, 168.847, 168.931, and 168.942), section 31 as amended by 2005 PA 71, section 33 as amended by 2002 PA 91, section 679a as added by 2004 PA 256, sections 847 and 942 as amended by 1995 PA 261, and section 931 as amended by 1996 PA 583, and by adding section 31a.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lund, McBroom, Knollenberg, Tyler, Outman, Pscholka, Byrum and Nathan
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lund, Chair, of the Committee on Redistricting and Elections, was received and read:
Meeting held on: Tuesday, March 13, 2012
Present: Reps. Lund, McBroom, Knollenberg, Tyler, Outman, Pscholka, Byrum, Nathan and Stanley
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Foster, Chair, of the Committee on Natural Resources, Tourism, and Outdoor Recreation, was received and read:
Meeting held on: Tuesday, March 13, 2012
Present: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Haugh, Bledsoe and Slavens
Absent: Rep. Stapleton
Excused: Rep. Stapleton
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Horn, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Tuesday, March 13, 2012
Present: Reps. Horn, Shirkey, Opsommer, Crawford, Haveman, Kowall, Franz, Jacobsen, McBroom, Nesbitt, Outman, Price, Zorn, Roy Schmidt, Santana, Irwin, Brunner, Stallworth, Cavanagh, Smiley and Switalski
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. McMillin, Chair, of the Committee on Oversight, Reform, and Ethics, was received and read:
Meeting held on: Tuesday, March 13, 2012
Present: Reps. McMillin, Jacobsen, Denby, Bledsoe and Brown
Absent: Rep. Price
Excused: Rep. Price
Messages from the Senate
House Bill No. 4639, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 3206 and 3209 (MCL 700.3206 and 700.3209), section 3206 as amended by 2008 PA 41 and section 3209 as added by 2006 PA 299.
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.
Senate Bill No. 414, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 416e.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Senate Bill No. 415, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Senate Bill No. 981, entitled
A bill to create an autism coverage incentive program to encourage insurance and health coverage providers to provide autism coverage; to impose certain duties on certain state departments, agencies, and officials; to create certain funds; to authorize certain expenditures; and to provide for an appropriation.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Messages from the Governor
Date: March 13, 2012
Time: 8:32 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4246 (Public Act No. 45, I.E.), being
An act to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending sections 1 and 15 (MCL 423.201 and 423.215), section 1 as amended by 1999 PA 204 and section 15 as amended by 2012 PA 12.
(Filed with the Secretary of State March 13, 2012, at 8:49 a.m.)
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
March 6, 2012
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2011-007-CH (Secretary of State Filing #12-03-01) on this date at 4:37 P.M. for the Department of Community Health, entitled “Part 7. Rights of Recipients”.
This rule takes effect immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
March 9, 2012
In accordance with the provisions of MCL 24.248 this is to advise you that the Department of Licensing and Regulatory Affairs, State Office of Regulatory Reinvention filed at 9:16 A.M. on this date, administrative rule (12-03-02E) for the Department of Licensing and Regulatory Affairs, Entitled “Fireworks Safety Act,” these rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.
Sincerely,
Ruth Johnson
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
Announcements by the Clerk
March 8, 2012
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit of the Measurement of State Highway Pavement Conditions, Michigan Department of Transportation, March 2012.
Gary L. Randall
Clerk of the House
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 683, 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 111 Yeas—109
Agema Gilbert LeBlanc Price
Ananich Glardon Lindberg Pscholka
Barnett Goike Lipton Rendon
Bauer Graves Liss Rogers
Bledsoe Greimel Lori Rutledge
Bolger Haines Lund Santana
Brown Haugh Lyons Schmidt, R.
Brunner Haveman MacGregor Schmidt, W.
Bumstead Heise MacMaster Segal
Byrum Hobbs McBroom Shaughnessy
Callton Hooker McCann Shirkey
Cavanagh Horn McMillin Slavens
Clemente Hovey-Wright Meadows Smiley
Constan Howze Moss Somerville
Cotter Hughes Muxlow Stallworth
Crawford Huuki Nathan Stamas
Daley Irwin Nesbitt Stanley
Damrow Jackson O’Brien Stapleton
Darany Jacobsen Oakes Switalski
Denby Jenkins Olson Talabi
Dillon Johnson Olumba Tlaib
Durhal Kandrevas Opsommer Townsend
Farrington Knollenberg Ouimet Tyler
Forlini Kowall Outman Walsh
Foster Kurtz Pettalia Womack
Franz LaFontaine Poleski Yonker
Geiss Lane Potvin Zorn
Genetski
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The question being on the motion made by Rep. Stamas,
Rep. Segal demanded the yeas and nays.
The demand was not supported.
The question being on the motion made by Rep. Stamas,
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5152, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 62 and 705 (MCL 257.62 and 257.705), section 62 as amended by 1992 PA 119 and section 705 as amended by 2011 PA 151.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 112 Yeas—109
Agema Gilbert LeBlanc Price
Ananich Glardon Lindberg Pscholka
Barnett Goike Lipton Rendon
Bauer Graves Liss Rogers
Bledsoe Greimel Lori Rutledge
Bolger Haines Lund Santana
Brown Haugh Lyons Schmidt, R.
Brunner Haveman MacGregor Schmidt, W.
Bumstead Heise MacMaster Segal
Byrum Hobbs McBroom Shaughnessy
Callton Hooker McCann Shirkey
Cavanagh Horn McMillin Slavens
Clemente Hovey-Wright Meadows Smiley
Constan Howze Moss Somerville
Cotter Hughes Muxlow Stallworth
Crawford Huuki Nathan Stamas
Daley Irwin Nesbitt Stanley
Damrow Jackson O’Brien Stapleton
Darany Jacobsen Oakes Switalski
Denby Jenkins Olson Talabi
Dillon Johnson Olumba Tlaib
Durhal Kandrevas Opsommer Townsend
Farrington Knollenberg Ouimet Tyler
Forlini Kowall Outman Walsh
Foster Kurtz Pettalia Womack
Franz LaFontaine Poleski Yonker
Geiss Lane Potvin Zorn
Genetski
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5269, entitled
A bill to amend 2003 PA 238, entitled “Michigan notary public act,” by amending section 41 (MCL 55.301).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 113 Yeas—109
Agema Gilbert LeBlanc Price
Ananich Glardon Lindberg Pscholka
Barnett Goike Lipton Rendon
Bauer Graves Liss Rogers
Bledsoe Greimel Lori Rutledge
Bolger Haines Lund Santana
Brown Haugh Lyons Schmidt, R.
Brunner Haveman MacGregor Schmidt, W.
Bumstead Heise MacMaster Segal
Byrum Hobbs McBroom Shaughnessy
Callton Hooker McCann Shirkey
Cavanagh Horn McMillin Slavens
Clemente Hovey-Wright Meadows Smiley
Constan Howze Moss Somerville
Cotter Hughes Muxlow Stallworth
Crawford Huuki Nathan Stamas
Daley Irwin Nesbitt Stanley
Damrow Jackson O’Brien Stapleton
Darany Jacobsen Oakes Switalski
Denby Jenkins Olson Talabi
Dillon Johnson Olumba Tlaib
Durhal Kandrevas Opsommer Townsend
Farrington Knollenberg Ouimet Tyler
Forlini Kowall Outman Walsh
Foster Kurtz Pettalia Womack
Franz LaFontaine Poleski Yonker
Geiss Lane Potvin Zorn
Genetski
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The question being on the motion made by Rep. Stamas,
Rep. Segal demanded the yeas and nays.
The demand was not supported.
The question being on the motion made by Rep. Stamas,
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5158, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 470.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Oversight, Reform, and Ethics,
The substitute (H-1) 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. 5058, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 9 and 21a (MCL 169.209 and 169.221a), section 9 as amended by 1996 PA 590 and section 21a as added by 1994 PA 411.
The bill was read a second time.
Rep. Nathan moved to amend the bill as follows:
1. Amend page 4, line 22, after “BENEFIT” by inserting “OR ARE IN ANY WAY RELATED TO”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Knollenberg moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5059, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 4, 6, 11, 33, and 34 (MCL 169.203, 169.204, 169.206, 169.211, 169.233, and 169.234), sections 3 and 4 as amended by 1989 PA 95, section 6 as amended by 2003 PA 69, section 11 as amended by 1996 PA 590, and sections 33 and 34 as amended by 1999 PA 238.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Redistricting and Elections,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Byrum moved to amend the bill as follows:
1. Amend page 9, following line 18, by inserting:
“(C) IN AN ODD NUMBERED YEAR:
(i) NOT LATER THAN APRIL 25 WITH A CLOSING DATE OF APRIL 20 OF THAT YEAR.
(ii) NOT LATER THAN JULY 25 WITH A CLOSING DATE OF JULY 20 OF THAT YEAR.
(iii) NOT LATER THAN OCTOBER 25 WITH A CLOSING DATE OF OCTOBER 20 OF THAT YEAR.
(D) IN AN EVEN NUMBERED YEAR, NOT LATER THAN APRIL 30 WITH A CLOSING DATE OF APRIL 20 OF THAT YEAR.”.
The question being on the adoption of the amendment offered by Rep. Byrum,
Rep. Byrum demanded the yeas and nays.
The demand was not supported.
The question being on the adoption of the amendment offered by Rep. Byrum,
The amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Tyler moved to amend the bill as follows:
1. Amend page 14, line 18, by striking out all of subparagraph (i) and inserting:
“(i) FEBRUARY 15 WITH A CLOSING DATE OF FEBRUARY 10 OF THAT YEAR.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Tyler moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5063, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 22e, 32, 477, and 480 (MCL 168.22e, 168.32, 168.477, and 168.480), section 22e as added by 1995 PA 261 and section 477 as amended by 1999 PA 219, and by adding section 483a; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Redistricting and Elections,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Nathan moved to amend the bill as follows:
1. Amend page 5, line 2, after “(1)” by striking out “A” and inserting “BEGINNING JANUARY 1, 2013, A”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Tyler moved to amend the bill as follows:
1. Amend page 5, line 2, after “PROPOSING” by striking out the balance of the line through “INITIATE” on line 3 and inserting “A CONSTITUTIONAL AMENDMENT, INITIATION OF LEGISLATION, OR REFERENDUM OF”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Tyler moved to amend the bill as follows:
1. Amend page 5, line 2, after “(1)” by striking out “A” and inserting “SUBJECT TO SUBSECTION (9), A”.
2. Amend page 8, following line 6, by inserting:
“(9) THIS SECTION DOES NOT APPLY TO A PETITION THAT IS BEING CIRCULATED FOR SIGNATURES ON OR BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Tyler moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
Explanation of “No” Votes
Rep. Haugh, having reserved the right to explain his nay vote pertaining to House Bill No. 4246, made the following statement:
“Mr. Speaker and members of the House:
4246
I voted no on House Bill 4246 for several reasons. Among them, the Senate substitute contains a change of purpose from the original HB 4246. The new bill embodies the provisions of SB 971 which bans graduate student research assistants from organizing while the original bill dealt with Emergency Mangers.
I also oppose the new content because this legislation removes the decision making authority in these matters from the Michigan Employment Relations Commission. The Commission has worked well for decades deciding just these kinds of employment issues, it rules in a timely manner, and the legislature ought not involve itself in deciding case by case administrative decisions regarding employment law.
I also did not vote for immediate effect on HB 4246.”
Introduction of Bills
Reps. Heise, Haugh, Potvin, Wayne Schmidt, Horn, Knollenberg, Pettalia, Huuki and Haveman introduced
House Bill No. 5466, entitled
A bill to amend 1966 PA 165, entitled “An act to invalidate certain requirements for indemnity in the construction industry,” by amending the title and section 1 (MCL 691.991) and by adding sections 2, 3, and 4.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Dillon, Byrum, Lindberg, McCann, Ananich, Tlaib, Stallworth, Townsend, Rutledge, Stapleton, Nathan, Smiley, Talabi, Durhal, Slavens, Constan, Womack, Hobbs, Kandrevas, Switalski, Stanley and Oakes introduced
House Bill No. 5467, entitled
A bill to amend 1986 PA 268, entitled “Legislative council act,” (MCL 4.1101 to 4.1901) by adding chapter 7C.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Nesbitt, Horn, Price and Roy Schmidt introduced
House Bill No. 5468, entitled
A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending sections 102, 401a, 401b, 401c, and 401d (MCL 484.1102, 484.1401a, 484.1401b, 484.1401c, and 484.1401d), section 102 as amended and sections 401c and 401d as added by 2007 PA 164 and sections 401a and 401b as amended by 2008 PA 379.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Rep. McMillin introduced
House Bill No. 5469, entitled
A bill to amend 1984 PA 44, entitled “Motor fuels quality act,” by amending section 4 (MCL 290.644), as amended by 2003 PA 116.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Reps. Lindberg, Hovey-Wright, Cavanagh, Slavens, Dillon and Meadows introduced
House Bill No. 5470, entitled
A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending sections 501 and 601 (MCL 4.1501 and 4.1601), section 601 as amended by 1999 PA 95.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Hovey-Wright, Ananich, Lindberg, Bauer, Townsend, Womack, Cavanagh, Slavens, Dillon, Hobbs, Geiss and Meadows introduced
House Bill No. 5471, entitled
A bill to establish an educational grant program for eligible resident students who attend public community colleges and universities in this state; to provide for the administration of the program; to create the Michigan higher education grant trust fund; and to provide for the powers and duties of certain state governmental officers and entities.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Lyons, Zorn, Walsh, Wayne Schmidt and MacGregor introduced
House Bill No. 5472, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9m.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
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Rep. Segal moved that the House adjourn.
The motion prevailed, the time being 4:00 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, March 14, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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