No. 71
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2012
House Chamber, Lansing, Thursday, September 27, 2012.
12:00 Noon.
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—excused
Bolger—present Haines—present Lund—present Santana—present
Brown—present Hammel—present Lyons—present Schmidt, R.—present
Brunner—present Haugh—present MacGregor—present Schmidt, W.—present
Bumstead—present Haveman—present MacMaster—present Segal—present
Byrum—present Heise—present McBroom—present Shaughnessy—present
Callton—present Hobbs—present McCann—present Shirkey—present
Cavanagh—present Hooker—present McMillin—present Slavens—present
Clemente—present Horn—present Meadows—present Smiley—present
Constan—present Hovey-Wright—present Moss—present Somerville—present
Cotter—present Howze—present Muxlow—present Stallworth—present
Crawford—present Hughes—present Nathan—present Stamas—present
Daley—present Huuki—present Nesbitt—present Stanley—present
Damrow—present Irwin—present O’Brien—present Stapleton—present
Darany—present Jackson—present Oakes—present Switalski—present
Denby—present Jacobsen—present Olson—present Talabi—present
Dillon—present Jenkins—present Olumba—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—excused
Franz—present Kurtz—present Poleski—present Yonker—present
Geiss—present LaFontaine—present Potvin—present Zorn—present
Genetski—present Lane—present
e/d/s = entered during session
Pastor Don Porter, Sr. Pastor of Corinth Reformed Church in Byron Center, offered the following invocation:
“Our Father in heaven, we thank You for the many ways You have blessed us as a nation, as a state, as a people. You have given us freedom. You have blessed our land and made it productive. You have blessed our people with creativity and ingenuity so that we have the best government, the best economy, and the best military in the world. But to whom much is given, much is expected. And so, Father, we pray that we would be found faithful with all that we have been given – faithful to use our resources in a manner that is pleasing and honoring to You – faithful to use our resources to bring hope to the hopeless; comfort to the hurting; help to the impoverished; and challenge to those who need to be held accountable and challenged to be responsible.
I thank You today for these men and women who are here and have chosen to serve the state of Michigan, to provide direction, wisdom, and leadership to the people of this state. Lord, Your Word tells us that if any lacks wisdom all we need to do is to ask of You, and You will give generously without finding fault. And so, we pray for Your wisdom for the legislature. We pray that their decisions would reflect Your desires for the people of this state. Lord, work within the hearts and minds of these representatives.
Father, we pray that these representatives would also live lives that are exemplary so that both their legislative decisions and their personal decisions would be marked by excellence and integrity.
And, finally, Father we pray that these representatives would work in a spirit of unity – that even when not agreeing, You would grant them patience to listen to one another and to work together for what is best for the people of this state.
Bless and protect these legislators. Bless their work. Bless their homes. For we pray all of this in the name of our Lord Jesus Christ. Amen.”
______
Rep. Hobbs moved that Reps. Rutledge and Womack be excused from today’s session.
The motion prevailed.
Reports of Standing Committees
The Committee on Appropriations, by Rep. Moss, Chair, reported
House Bill No. 5725, entitled
A bill to amend 1984 PA 427, entitled “Municipal employees retirement act of 1984,” by amending section 36 (MCL 38.1536), as amended by 2004 PA 490, and by adding section 41a.
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. Moss, Haveman, Agema, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka and Potvin
Nays: Reps. LeBlanc, Ananich, Bauer, Dillon, Durhal, Lipton, McCann and Tlaib
The Committee on Appropriations, by Rep. Moss, Chair, reported
Senate Bill No. 1129, entitled
A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending sections 103, 305, and 503 (MCL 141.2103, 141.2305, and 141.2503) and by adding section 518.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Moss, Haveman, Agema, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka and Potvin
Nays: Reps. LeBlanc, Ananich, Bauer, Dillon, Durhal, Lipton, McCann and Tlaib
The Committee on Appropriations, by Rep. Moss, Chair, reported
Senate Bill No. 1258, entitled
A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 410 (MCL 451.2410).
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. Moss, Haveman, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer and Durhal
Nays: Reps. Agema, Goike, Dillon, McCann and Tlaib
The Committee on Appropriations, by Rep. Moss, Chair, reported
Senate Bill No. 1259, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by amending sections 2, 3, 13, 15, 17, 21, 23, 25, 27, 28, 29, 31, 37, 38, 39, 43, and 62 (MCL 338.2202, 338.2203, 338.2213, 338.2215, 338.2217, 338.2221, 338.2223, 338.2225, 338.2227, 338.2228, 338.2229, 338.2231, 338.2237, 338.2238, 338.2239, 338.2243, and 338.2262), section 2 as amended by 1999 PA 171, sections 3, 13, 17, 21, 23, 25, 27, 28, 29, 31, 37, 38, 43, and 62 as amended by 2007 PA 77, section 15 as amended by 2008 PA 491, and section 39 as amended by 2007 PA 158, and by adding section 5a.
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. Moss, Haveman, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Bauer and Durhal
Nays: Reps. Agema, Goike, Dillon and McCann
The Committee on Appropriations, by Rep. Moss, Chair, reported
Senate Concurrent Resolution No. 33.
A concurrent resolution to waive the legislative notice requirement for increases in rates of compensation for certain employees in the state classified service.
(For text of concurrent resolution, see House Journal No. 68, p. 2136.)
With the recommendation that the concurrent resolution be adopted.
Favorable Roll Call
To Report Out:
Yeas: Reps. Moss, Haveman, Agema, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Durhal, Lipton, McCann and Tlaib
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Moss, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Tuesday, September 25, 2012
Present: Reps. Moss, Haveman, Agema, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Durhal, Lipton, McCann and Tlaib
Absent: Reps. Genetski, Jackson and Lindberg
Excused: Reps. Genetski, Jackson and Lindberg
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
House Resolution No. 325.
A resolution to memorialize the Congress of the United States to provide funding to the United States Army Corps of Engineers for dredging recreational harbors in Michigan, particularly Portage Lake Harbor located in Onekama, MI.
(For text of resolution, see House Journal No. 70, p. 2151.)
With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.
Substitute for House Resolution No. 325.
A resolution to memorialize the Congress of the United States to provide funding to the United States Army Corps of Engineers for dredging harbors of refuge and repairing and maintaining seawalls of harbors of refuge in Michigan, particularly Portage Lake Harbor located in Onekama, MI.
Whereas, Recreational boating is a popular activity and a key component of Michigan’s and the other Great Lakes states’ tourism industries. Michigan has nearly 1 million registered boats, more than any other Great Lakes state. These boaters generate over $4 billion in economic activity in Michigan and help support over 34,000 jobs. In the Great Lakes region, the impact is even greater, with over $34 billion in economic activity generated and 244,000 jobs supported; and
Whereas, Nearly half of sportfishing in the Great Lakes region occurs from boats. Currently, Michigan ranks 5th in the nation in the number of licensed resident and nonresident anglers, and these anglers contribute $2 billion annually to our economy and generate $225 million in state tax revenue each year. Charter fishing operations play an important role in providing access to the Great Lakes to non-boating owning anglers; and
Whereas, Regular dredging and maintenance and repair of breakwater seawalls is needed to keep recreational harbors open to boaters in Michigan and the other Great Lakes states. Natural shoaling exacerbated by continued low lake levels has left many recreational harbors too shallow for boaters to enter safely, which is jeopardizing charter fishing operations, local communities, and other businesses that depend on boating. Portage Lake Harbor, Leland Harbor, and Arcadia Harbor are just a few of the fifteen Great Lakes harbors of concern that are dangerously shallow for boaters; and
Whereas, Not only is dredging and maintenance and repair of breakwater seawalls needed to accommodate recreational boaters, but also to provide safe harbor to all types of boaters, including commercial shippers. Maintaining harbors of refuge is a requirement to ensure that our obligation of providing safe shipping lanes for trade is met. With Portage Lake Harbor being one of the four Michigan harbors of refuge along the western side of the state and one of the thirteen statewide, it is a necessity that it be maintained and dredged to a proper depth; and
Whereas, The federal budget did not include funding for dredging harbors of refuge and maintenance and repair of breakwater seawalls of harbors of refuge maintained in the past by the United States Army Corp of Engineers. This lack of funding will cripple the Great Lakes recreational boating and charter fishing industry, impacting millions of boaters, businesses, and communities that they support. Because no funding has been provided, local Great Lakes communities have had to acquire private funding to be able to keep tourism alive during the boating season; and
Whereas, The U.S. Army Corps of Engineers never completed a replacement seawall at Portage Lake Harbor begun in 2003. The seawall is now undermined, further narrowing the shipping channel. The Army Corps has designated the seawall as facing “imminent failure”; and
Whereas, It is necessary, for the safety of commercial shippers and all other Great Lakes traffic, to maintain harbors of refuge and, therefore, it should be deemed worthy to appropriate funds from the federal Harbor Maintenance Trust Fund, which holds surplus funds in excess of $8 billion, to Great Lakes harbors. The relatively small federal investment needed to maintain these harbors is insignificant compared to the billions of dollars and thousands of jobs generated; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to provide funding to the United States Army Corps of Engineers for dredging harbors of refuge and repairing and maintaining seawalls of harbors of refuge in Michigan, particularly Portage Lake Harbor located in Onekama, MI; and be it further
Resolved, That we call on Congress to include funding for the United States Army Corps of Engineers to rebuild and complete the Portage Lake Harbor seawall; 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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Haugh, Stapleton, Bledsoe and Slavens
Nays: None
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
House Concurrent Resolution No. 62.
A concurrent resolution to memorialize the Congress of the United States to provide funding to the United States Army Corps of Engineers for dredging recreational harbors in Michigan, particularly Portage Lake Harbor located in Onekama, MI.
(For text of concurrent resolution, see House Journal No. 70, p. 2152.)
With the recommendation that the following substitute (H-1) be adopted and that the concurrent resolution then be adopted.
Substitute for House Concurrent Resolution No. 62.
A concurrent resolution to memorialize the Congress of the United States to provide funding to the United States Army Corps of Engineers for dredging harbors of refuge and repairing and maintaining seawalls of harbors of refuge in Michigan, particularly Portage Lake Harbor located in Onekama, MI.
Whereas, Recreational boating is a popular activity and a key component of Michigan’s and the other Great Lakes states’ tourism industries. Michigan has nearly 1 million registered boats, more than any other Great Lakes state. These boaters generate over $4 billion in economic activity in Michigan and help support over 34,000 jobs. In the Great Lakes region, the impact is even greater, with over $34 billion in economic activity generated and 244,000 jobs supported; and
Whereas, Nearly half of sportfishing in the Great Lakes region occurs from boats. Currently, Michigan ranks 5th in the nation in the number of licensed resident and nonresident anglers, and these anglers contribute $2 billion annually to our economy and generate $225 million in state tax revenue each year. Charter fishing operations play an important role in providing access to the Great Lakes to non-boating owning anglers; and
Whereas, Regular dredging and maintenance and repair of breakwater seawalls is needed to keep recreational harbors open to boaters in Michigan and the other Great Lakes states. Natural shoaling exacerbated by continued low lake levels has left many recreational harbors too shallow for boaters to enter safely, which is jeopardizing charter fishing operations, local communities, and other businesses that depend on boating. Portage Lake Harbor, Leland Harbor, and Arcadia Harbor are just a few of the fifteen Great Lakes harbors of concern that are dangerously shallow for boaters; and
Whereas, Not only is dredging and maintenance and repair of breakwater seawalls needed to accommodate recreational boaters, but also to provide safe harbor to all types of boaters, including commercial shippers. Maintaining harbors of refuge is a requirement to ensure that our obligation of providing safe shipping lanes for trade is met. With Portage Lake Harbor being one of the four Michigan harbors of refuge along the western side of the state and one of the thirteen statewide, it is a necessity that it be maintained and dredged to a proper depth; and
Whereas, The federal budget did not include funding for dredging harbors of refuge and maintenance and repair of breakwater seawalls of harbors of refuge maintained in the past by the United States Army Corp of Engineers. This lack of funding will cripple the Great Lakes recreational boating and charter fishing industry, impacting millions of boaters, businesses, and communities that they support. Because no funding has been provided, local Great Lakes communities have had to acquire private funding to be able to keep tourism alive during the boating season; and
Whereas, The U.S. Army Corps of Engineers never completed a replacement seawall at Portage Lake Harbor begun in 2003. The seawall is now undermined, further narrowing the shipping channel. The Army Corps has designated the seawall as facing “imminent failure”; and
Whereas, It is necessary, for the safety of commercial shippers and all other Great Lakes traffic, to maintain harbors of refuge and, therefore, it should be deemed worthy to appropriate funds from the federal Harbor Maintenance Trust Fund, which holds surplus funds in excess of $8 billion, to Great Lakes harbors. The relatively small federal investment needed to maintain these harbors is insignificant compared to the billions of dollars and thousands of jobs generated; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to provide funding to the United States Army Corps of Engineers for dredging harbors of refuge and repairing and maintaining seawalls of harbors of refuge in Michigan, particularly Portage Lake Harbor located in Onekama, MI; and be it further
Resolved, That we call on Congress to include funding for the United States Army Corps of Engineers to rebuild and complete the Portage Lake Harbor seawall; 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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Haugh, Stapleton, Bledsoe and Slavens
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Foster, Chair, of the Committee on Natural Resources, Tourism, and Outdoor Recreation, was received and read:
Meeting held on: Thursday, September 27, 2012
Present: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Haugh, Stapleton, Bledsoe and Slavens
The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported
House Bill No. 5801, entitled
A bill to enter into the state and province emergency management assistance agreement.
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. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Stapleton and Lane
Nays: None
The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported
House Bill No. 5839, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 87c (MCL 211.87c), as amended by 2002 PA 165.
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. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price and Shaughnessy
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ouimet, Chair, of the Committee on Local, Intergovernmental, and Regional Affairs, was received and read:
Meeting held on: Thursday, September 27, 2012
Present: Reps. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Constan, Stapleton and Lane
Absent: Reps. Stanley, Townsend and Rutledge
Excused: Reps. Stanley, Townsend and Rutledge
The Committee on Transportation, by Rep. Opsommer, Chair, reported
Senate Bill No. 402, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5139.
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. Opsommer, Glardon, Wayne Schmidt, Huuki, Jacobsen, Muxlow, Olson, Ouimet, Somerville, Roy Schmidt and Liss
Nays: Reps. Geiss, Talabi and Smiley
The Committee on Transportation, by Rep. Opsommer, Chair, reported
Senate Bill No. 403, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 309 (MCL 257.309), as amended by 2004 PA 362.
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. Opsommer, Glardon, Wayne Schmidt, Huuki, Jacobsen, Muxlow, Olson, Ouimet, Somerville, Roy Schmidt and Liss
Nays: Reps. Geiss, Talabi and Smiley
The Committee on Transportation, by Rep. Opsommer, Chair, reported
Senate Bill No. 1121, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 21, 59, 73, 312a, 312b, 658, and 717 (MCL 257.21, 257.59, 257.73, 257.312a, 257.312b, 257.658, and 257.717), section 21 as amended by 1985 PA 32, section 312b as amended by 2004 PA 362, section 658 as amended by 2012 PA 98, and section 717 as amended by 2008 PA 539.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Opsommer, Glardon, Wayne Schmidt, Huuki, Jacobsen, Muxlow, Olson, Ouimet, Somerville, Roy Schmidt, Geiss, Talabi, Nathan, Liss, Byrum, Smiley and Oakes
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Opsommer, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Thursday, September 27, 2012
Present: Reps. Opsommer, Glardon, Wayne Schmidt, Huuki, Jacobsen, Muxlow, Olson, Ouimet, Somerville, Roy Schmidt, Geiss, Talabi, Nathan, Liss, Byrum, Smiley and Oakes
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, September 25, 2012
Present: Reps. McMillin, Jacobsen, Denby, Price and Brown
Absent: Rep. Bledsoe
Excused: Rep. Bledsoe
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Haines, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Thursday, September 27, 2012
Present: Reps. Haines, Callton, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Yonker, Hughes, Graves, Liss, Stallworth, Darany, Hovey-Wright and Greimel
Absent: Reps. Opsommer, Muxlow, Segal and Womack
Excused: Reps. Opsommer, Muxlow, Segal and Womack
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lund, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, September 27, 2012
Present: Reps. Lund, Shaughnessy, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Roy Schmidt, Kandrevas, Hovey-Wright, Howze, Geiss and Nathan
Absent: Reps. Opsommer and Segal
Excused: Reps. Opsommer and Segal
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: Thursday, September 27, 2012
Present: Reps. Kurtz, O’Brien, Heise, Hooker, Rendon, Slavens, Lane and Stapleton
Absent: Rep. Haines
Excused: Rep. Haines
______
The Speaker called the Speaker Pro Tempore to the Chair.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Townsend, Barnett, Bauer, Cavanagh, Constan, Darany, Durhal, Kandrevas, LeBlanc, Poleski, Roy Schmidt, Slavens and Talabi offered the following resolution:
House Resolution No. 326.
A resolution to declare October 6, 2012, as Men’s Health Awareness Day in the state of Michigan.
Whereas, The Michigan Institute of Urology (MIU) is the largest multi-subspecialty urology practice in Michigan, comprised of 55 associate and partner urologists. The practice spans southeastern Michigan and is affiliated with most of the major hospital organizations; and
Whereas, MIU Men’s Health Foundation (the Foundation), a 501(c)(3) non-profit organization, has worked tirelessly toward increasing awareness of men’s health issues, including prostate cancer; and
Whereas, The Foundation has also supported educational seminars throughout southeastern Michigan dedicated to men’s health topics; and
Whereas, MIU Men’s Health Foundation is hosting the second annual Men’s Health Event on Saturday, October 6, 2012 at Ford Field; and
Whereas, The Men’s Health Event will feature free health screenings, include testing prostatic specific antigen, testosterone, glucose and cholesterol levels, in addition to taking vitals measurements, BMI analysis, body fat percentage, vision screening, dental screenings and oral examinations, gait analysis and depression screening; and
Whereas , The Men’s Health Foundation offers all of these services at the Men’s Health Event without requiring health insurance; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare October 6, 2012, as Men’s Health Awareness Day in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL § 51.76.
Reps. MacGregor, Cavanagh, Constan, Durhal, Kowall, Kurtz, LeBlanc, MacMaster and Roy Schmidt offered the following concurrent resolution:
House Concurrent Resolution No. 63.
A concurrent resolution relative to secondary road patrol funds for counties providing road patrol services to cities and villages.
Whereas, Section 77 of Chapter 14 of the Revised Statutes of 1846, being MCL § 51.77, as added by 1978 PA 416, being MCL § 51.77, provides funding for county secondary road patrol services pursuant to an agreement with the Office of Criminal Justice, which, pursuant to Executive Order No. 1989 – 4, is now the Office of Highway Safety Planning within the Department of State Police. An agreement also provides a maintenance of law enforcement effort standard for counties providing these secondary road patrol services, unless it is recognized that the reduction was due to cuts in general services due to economic conditions; and
Whereas, Section 76 of Chapter 14 of the Revised Statutes of 1846 (MCL § 51.76), permits road patrol services to be provided by county sheriff departments to cities and villages. This section also provides that a road patrol agreement is void if the city or village reduces the number of sworn law enforcement officers below the highest number employed at any time within the immediately preceding 36 months, unless the Michigan Legislature, by concurrent resolution, recognizes that the reduction was due to cuts in general services due to economic conditions; and
Whereas, Section 77 of Chapter 14 provides a formula for funding county secondary road patrol services. This formula permits road patrol services provided by county sheriff departments to cities and villages to be eligible for secondary road patrol funding as long as the city or village complies with the MCL § 51.76 law enforcement maintenance of effort requirement, unless any reduction is recognized to be due to cuts in general services due to economic conditions; and
Whereas, In all of Michigan’s counties, cities, and villages, general services have been reduced as a result of serious economic difficulties. These reductions in services have occurred in direct reaction to economic conditions; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That, for Fiscal Year 2013, counties, cities, and villages in Michigan have been required to reduce general services because of economic conditions and are not reducing law enforcement services as stipulated in sections 76 or 77 of Chapter 14 of the Revised Statutes of 1846, as added by 1978 PA 416; and be it further
Resolved, That counties, cities, and villages have met the necessary terms of their agreements for road patrol services and secondary road patrol funding as they relate to maintenance of effort.
The concurrent resolution was referred to the Committee on Appropriations.
Rep. Stamas moved to reconsider referring the concurrent resolution to the Committee on Appropriations.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Messages from the Senate
The Speaker laid before the House
House Bill No. 5162, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 12.
(The bill was received from the Senate on September 11, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 12, see House Journal No. 65, p. 2039.)
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. 547 Yeas—108
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Olumba Townsend
Forlini Kandrevas Opsommer Tyler
Foster Knollenberg Ouimet Walsh
Franz Kowall Outman Yonker
Geiss Kurtz Pettalia Zorn
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. 4928, entitled
A bill to amend 1915 PA 123, entitled “An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits,” (MCL 565.451a to 565.453) by adding section 1d.
(The bill was received from the Senate on September 12, with amendments and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 13, see House Journal No. 66, p. 2075.)
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. 548 Yeas—107
Agema Genetski Lane Potvin
Ananich Gilbert LeBlanc Price
Barnett Glardon Lindberg Pscholka
Bauer Goike Lipton Rendon
Bledsoe Graves Liss Rogers
Bolger Haines Lori Santana
Brown Hammel Lund Schmidt, R.
Brunner Haugh Lyons Schmidt, W.
Bumstead Haveman MacGregor Segal
Byrum Heise MacMaster Shaughnessy
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Slavens
Clemente Horn McMillin Smiley
Constan Hovey-Wright Meadows Somerville
Cotter Howze Moss Stallworth
Crawford Hughes Muxlow Stamas
Daley Huuki Nathan Stanley
Damrow Irwin Nesbitt Stapleton
Darany Jackson O’Brien Switalski
Denby Jacobsen Oakes Talabi
Dillon Jenkins Olson Tlaib
Durhal Johnson Olumba Townsend
Farrington Kandrevas Opsommer Tyler
Forlini Knollenberg Ouimet Walsh
Foster Kowall Outman Yonker
Franz Kurtz Pettalia Zorn
Geiss LaFontaine Poleski
Nays—1
Greimel
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. 5124, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 401, 406, 407, 408, 410, 601, 841, and 8304 (MCL 600.401, 600.406, 600.407, 600.408, 600.410, 600.601, 600.841, and 600.8304), sections 401, 406, 407, 408, and 8304 as added by 2002 PA 678 and sections 410, 601, and 841 as amended by 2005 PA 326, and by adding section 412; and to repeal acts and parts of acts.
(The bill was received from the Senate on September 12, with amendments, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 13, see House Journal No. 66, p. 2075.)
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. 549 Yeas—78
Agema Goike LeBlanc Pettalia
Bolger Graves Lindberg Poleski
Bumstead Haines Liss Potvin
Callton Hammel Lori Price
Cavanagh Haveman Lund Pscholka
Clemente Heise Lyons Rendon
Constan Hooker MacGregor Rogers
Cotter Horn MacMaster Santana
Crawford Howze McBroom Schmidt, R.
Daley Hughes McMillin Schmidt, W.
Damrow Huuki Moss Shaughnessy
Denby Jackson Muxlow Shirkey
Dillon Jacobsen Nesbitt Somerville
Farrington Jenkins O’Brien Stamas
Forlini Johnson Oakes Switalski
Foster Knollenberg Olson Tyler
Franz Kowall Opsommer Walsh
Genetski Kurtz Ouimet Yonker
Gilbert LaFontaine Outman Zorn
Glardon Lane
Nays—30
Ananich Durhal Lipton Smiley
Barnett Geiss McCann Stallworth
Bauer Greimel Meadows Stanley
Bledsoe Haugh Nathan Stapleton
Brown Hobbs Olumba Talabi
Brunner Hovey-Wright Segal Tlaib
Byrum Irwin Slavens Townsend
Darany Kandrevas
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.
The Speaker laid before the House
House Bill No. 5292, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43537 (MCL 324.43537), as amended by 2007 PA 60.
(The bill was received from the Senate on September 13, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 19, see House Journal No. 67, p. 2086.)
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. 550 Yeas—108
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Olumba Townsend
Forlini Kandrevas Opsommer Tyler
Foster Knollenberg Ouimet Walsh
Franz Kowall Outman Yonker
Geiss Kurtz Pettalia Zorn
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. 5322, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40111 and 81133 (MCL 324.40111 and 324.81133), section 40111 as added by 1995 PA 57 and section 81133 as amended by 2008 PA 365.
(The bill was received from the Senate on September 13, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 19, see House Journal No. 67, p. 2086.)
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. 551 Yeas—108
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Olumba Townsend
Forlini Kandrevas Opsommer Tyler
Foster Knollenberg Ouimet Walsh
Franz Kowall Outman Yonker
Geiss Kurtz Pettalia Zorn
Nays—0
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.
The Speaker laid before the House
House Bill No. 5128, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by amending the heading for chapter 80 and by adding sections 8031, 8033, 8035, 8037, 8039, 8041, 8043, 8045, and 8047; and to repeal acts and parts of acts.
(The bill was received from the Senate on September 20, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 25, see House Journal No. 69, p. 2146.)
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. 552 Yeas—101
Agema Geiss Lane Potvin
Ananich Genetski LeBlanc Price
Barnett Gilbert Lindberg Pscholka
Bauer Glardon Lipton Rendon
Bledsoe Goike Liss Rogers
Bolger Graves Lori Santana
Brown Greimel Lund Schmidt, R.
Brunner Haines Lyons Schmidt, W.
Bumstead Hammel MacGregor Segal
Byrum Haugh MacMaster Shaughnessy
Callton Haveman McBroom Shirkey
Cavanagh Heise McCann Slavens
Clemente Hooker McMillin Smiley
Constan Horn Meadows Somerville
Cotter Howze Moss Stamas
Crawford Hughes Muxlow Stanley
Daley Huuki Nesbitt Stapleton
Damrow Jackson O’Brien Switalski
Darany Jacobsen Oakes Talabi
Denby Jenkins Olson Tlaib
Dillon Johnson Opsommer Townsend
Durhal Knollenberg Ouimet Tyler
Farrington Kowall Outman Walsh
Forlini Kurtz Pettalia Yonker
Foster LaFontaine Poleski Zorn
Franz
Nays—7
Hobbs Irwin Nathan Stallworth
Hovey-Wright Kandrevas Olumba
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.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
Senate Concurrent Resolution No. 33.
A concurrent resolution to waive the legislative notice requirement for increases in rates of compensation for certain employees in the state classified service.
(For text of concurrent resolution, see House Journal No. 68, p. 2136.)
(The concurrent resolution was reported by the Committee on Appropriations on September 27.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 553 Yeas—108
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Olumba Townsend
Forlini Kandrevas Opsommer Tyler
Foster Knollenberg Ouimet Walsh
Franz Kowall Outman Yonker
Geiss Kurtz Pettalia Zorn
Nays—0
In The Chair: Walsh
Second Reading of Bills
Senate Bill No. 1258, entitled
A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 410 (MCL 451.2410).
The bill was read a second time.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1259, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by amending sections 2, 3, 13, 15, 17, 21, 23, 25, 27, 28, 29, 31, 37, 38, 39, 43, and 62 (MCL 338.2202, 338.2203, 338.2213, 338.2215, 338.2217, 338.2221, 338.2223, 338.2225, 338.2227, 338.2228, 338.2229, 338.2231, 338.2237, 338.2238, 338.2239, 338.2243, and 338.2262), section 2 as amended by 1999 PA 171, sections 3, 13, 17, 21, 23, 25, 27, 28, 29, 31, 37, 38, 43, and 62 as amended by 2007 PA 77, section 15 as amended by 2008 PA 491, and section 39 as amended by 2007 PA 158, and by adding section 5a.
The bill was read a second time.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1129, entitled
A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending sections 103, 305, and 503 (MCL 141.2103, 141.2305, and 141.2503) and by adding section 518.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. LeBlanc moved to amend the bill as follows:
1. Amend page 13, line 9, after “OF” by striking out “AA” and inserting “A”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 388, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 105.
The bill was read a second time.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 884, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20155 (MCL 333.20155), as amended by 2006 PA 195, and by adding section 20155a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Families, Children, and Seniors,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
Rep. Kurtz moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 809, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 212, 304, 319, 319b, and 904 (MCL 257.212, 257.304, 257.319, 257.319b, and 257.904), section 212 as amended by 2002 PA 534, section 304 as added by 2010 PA 155, section 319 as amended by 2010 PA 267, section 319b as amended by 2011 PA 159, and section 904 as amended by 2008 PA 461.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Walsh 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. 809, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 212, 304, 319, 319b, and 904 (MCL 257.212, 257.304, 257.319, 257.319b, and 257.904), section 212 as amended by 2002 PA 534, section 304 as added by 2010 PA 155, section 319 as amended by 2010 PA 267, section 319b as amended by 2011 PA 159, and section 904 as amended by 2008 PA 461.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 554 Yeas—108
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Olumba Townsend
Forlini Kandrevas Opsommer Tyler
Foster Knollenberg Ouimet Walsh
Franz Kowall Outman Yonker
Geiss Kurtz Pettalia Zorn
Nays—0
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 303, 304, 319, 319b, and 624a (MCL 257.303, 257.304, 257.319, 257.319b, and 257.624a), sections 303 and 319b as amended by 2011 PA 159, section 304 as added by 2010 PA 155, section 319 as amended by 2010 PA 267, and section 624a as amended by 1998 PA 349.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that Senate Bill No. 1258 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 1258, entitled
A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 410 (MCL 451.2410).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 555 Yeas—86
Ananich Gilbert Lane Poleski
Bauer Glardon LeBlanc Potvin
Bledsoe Graves Lindberg Price
Bolger Haines Liss Pscholka
Bumstead Hammel Lori Rendon
Byrum Haugh Lund Rogers
Callton Haveman Lyons Santana
Cavanagh Heise MacGregor Schmidt, R.
Clemente Hobbs MacMaster Schmidt, W.
Constan Horn McBroom Segal
Cotter Howze Meadows Shaughnessy
Crawford Hughes Moss Somerville
Daley Huuki Muxlow Stamas
Damrow Jackson Nesbitt Stanley
Darany Jacobsen O’Brien Stapleton
Denby Jenkins Oakes Switalski
Durhal Johnson Olson Talabi
Farrington Kandrevas Opsommer Townsend
Forlini Knollenberg Ouimet Tyler
Foster Kowall Outman Walsh
Franz Kurtz Pettalia Zorn
Genetski LaFontaine
Nays—21
Agema Greimel McCann Slavens
Brown Hooker McMillin Smiley
Brunner Hovey-Wright Nathan Stallworth
Dillon Irwin Olumba Tlaib
Geiss Lipton Shirkey Yonker
Goike
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to make uniform the law with reference to securities; 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.
______
Rep. Barnett, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 555 because of a possible conflict of interest.”
Rep. Stamas moved that Senate Bill No. 1259 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 1259, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by amending sections 2, 3, 13, 15, 17, 21, 23, 25, 27, 28, 29, 31, 37, 38, 39, 43, and 62 (MCL 338.2202, 338.2203, 338.2213, 338.2215, 338.2217, 338.2221, 338.2223, 338.2225, 338.2227, 338.2228, 338.2229, 338.2231, 338.2237, 338.2238, 338.2239, 338.2243, and 338.2262), section 2 as amended by 1999 PA 171, sections 3, 13, 17, 21, 23, 25, 27, 28, 29, 31, 37, 38, 43, and 62 as amended by 2007 PA 77, section 15 as amended by 2008 PA 491, and section 39 as amended by 2007 PA 158, and by adding section 5a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 556 Yeas—82
Bauer Graves Liss Price
Bledsoe Haines Lori Pscholka
Bolger Hammel Lund Rendon
Bumstead Haugh Lyons Rogers
Byrum Haveman MacGregor Santana
Callton Heise MacMaster Schmidt, R.
Cavanagh Horn McBroom Schmidt, W.
Clemente Howze Meadows Segal
Cotter Hughes Moss Shaughnessy
Crawford Huuki Muxlow Shirkey
Daley Jackson Nesbitt Somerville
Damrow Jacobsen O’Brien Stamas
Darany Jenkins Oakes Stanley
Denby Johnson Olson Stapleton
Durhal Kandrevas Opsommer Switalski
Farrington Knollenberg Ouimet Talabi
Forlini Kowall Outman Townsend
Foster Kurtz Pettalia Tyler
Franz LaFontaine Poleski Walsh
Gilbert LeBlanc Potvin Zorn
Glardon Lindberg
Nays—26
Agema Geiss Irwin Olumba
Ananich Genetski Lane Slavens
Barnett Goike Lipton Smiley
Brown Greimel McCann Stallworth
Brunner Hobbs McMillin Tlaib
Constan Hooker Nathan Yonker
Dillon Hovey-Wright
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the establishment and collection of fees for the investigation, regulation, and enforcement of certain occupations and professions, and for certain agencies and businesses; to create certain funds for certain purposes; and to prescribe certain powers and duties of certain state agencies and departments,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that Senate Bill No. 1129 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 1129, entitled
A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending sections 103, 305, and 503 (MCL 141.2103, 141.2305, and 141.2503) and by adding section 518.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 557 Yeas—77
Agema Goike LaFontaine Poleski
Barnett Graves Lane Potvin
Bolger Greimel Liss Price
Brown Haines Lori Pscholka
Brunner Haugh Lund Rendon
Bumstead Haveman Lyons Rogers
Callton Heise MacGregor Santana
Clemente Hooker MacMaster Schmidt, R.
Cotter Horn McBroom Schmidt, W.
Crawford Hughes McMillin Shaughnessy
Daley Huuki Moss Shirkey
Damrow Jackson Muxlow Smiley
Denby Jacobsen Nesbitt Somerville
Farrington Jenkins O’Brien Stamas
Forlini Johnson Olson Stapleton
Foster Kandrevas Opsommer Tyler
Franz Knollenberg Ouimet Walsh
Genetski Kowall Outman Yonker
Gilbert Kurtz Pettalia Zorn
Glardon
Nays—30
Ananich Durhal Lindberg Segal
Bauer Geiss Lipton Stallworth
Bledsoe Hammel McCann Stanley
Byrum Hobbs Meadows Switalski
Cavanagh Hovey-Wright Nathan Talabi
Constan Howze Oakes Tlaib
Darany Irwin Olumba Townsend
Dillon LeBlanc
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act relative to the borrowing of money and the issuance of certain debt and securities; to provide for tax levies and sinking funds; to prescribe powers and duties of certain departments, state agencies, officials, and employees; to impose certain duties, requirements, and filing fees upon political subdivisions of this state; to authorize the issuance of certain debt and securities; to prescribe penalties; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Segal moved to reconsider the vote by which the House passed the bill.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 558 Yeas—80
Agema Glardon LaFontaine Poleski
Barnett Goike Lane Potvin
Bolger Graves Liss Price
Brown Greimel Lori Pscholka
Brunner Haines Lund Rendon
Bumstead Haugh Lyons Rogers
Callton Haveman MacGregor Santana
Clemente Heise MacMaster Schmidt, R.
Constan Hooker McBroom Schmidt, W.
Cotter Horn McMillin Shaughnessy
Crawford Hughes Moss Shirkey
Daley Huuki Muxlow Slavens
Damrow Jackson Nesbitt Smiley
Denby Jacobsen O’Brien Somerville
Farrington Jenkins Oakes Stamas
Forlini Johnson Olson Stapleton
Foster Kandrevas Opsommer Tyler
Franz Knollenberg Ouimet Walsh
Genetski Kowall Outman Yonker
Gilbert Kurtz Pettalia Zorn
Nays—28
Ananich Durhal LeBlanc Segal
Bauer Geiss Lindberg Stallworth
Bledsoe Hammel Lipton Stanley
Byrum Hobbs McCann Switalski
Cavanagh Hovey-Wright Meadows Talabi
Darany Howze Nathan Tlaib
Dillon Irwin Olumba Townsend
In The Chair: Walsh
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that Senate Bill No. 388 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 388, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 105.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 559 Yeas—107
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Olumba Townsend
Forlini Kandrevas Opsommer Tyler
Foster Knollenberg Ouimet Walsh
Franz Kowall Outman Yonker
Geiss Kurtz Pettalia Zorn
Genetski LaFontaine Poleski
Nays—1
Agema
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that Senate Bill No. 884 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 884, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20155 (MCL 333.20155), as amended by 2006 PA 195, and by adding section 20155a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 560 Yeas—108
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Olumba Townsend
Forlini Kandrevas Opsommer Tyler
Foster Knollenberg Ouimet Walsh
Franz Kowall Outman Yonker
Geiss Kurtz Pettalia Zorn
Nays—0
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
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. 1004, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2008 PA 458 and section 11 as amended by 2004 PA 474.
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. Hobbs moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5696, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2008 PA 438.
The bill was read a second time.
Rep. Walsh moved to amend the bill as follows:
1. Amend page 4, line 22, after “VEHICLE” by inserting “OR RECREATIONAL VEHICLE”.
2. Amend page 4, line 23, after “VEHICLE” by inserting “OR RECREATIONAL VEHICLE”.
3. Amend page 4, line 26, after “VEHICLE” by inserting “OR RECREATIONAL VEHICLE”.
4. Amend page 5, line 5, after “VEHICLE” by inserting “OR RECREATIONAL VEHICLE”.
5. Amend page 5, following line 25, by inserting:
“(l) “RECREATIONAL VEHICLE” MEANS THAT TERM AS DEFINED IN SECTION 49A OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.49A.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Greimel moved to amend the bill as follows:
1. Amend page 4, line 23, after “VEHICLE” by inserting “IF THE PURCHASER SELLS A USED MOTOR VEHICLE TO A DEALER, RECEIVING A CHECK OR OTHER TRACEABLE INSTRUMENT IN PAYMENT, AND WITHIN 60 DAYS OF THAT SALE PURCHASES A NEW OR USED MOTOR VEHICLE FROM THE DEALER THAT PURCHASED THE USED MOTOR VEHICLE OR A DIFFERENT DEALER, PAYING WITH A CHECK OR OTHER TRACEABLE INSTRUMENT, AND RECEIVING A VERIFICATION FORM AND RECEIPT FROM THE PURCHASING DEALER TO BE GIVEN TO THE SELLING DEALER, WHICH DEALER SHALL FILE THAT VERIFICATION FORM WITH THE DEPARTMENT OF TREASURY, AND”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. LaFontaine moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5249, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43526 (MCL 324.43526), as amended by 1996 PA 585.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources, Tourism, and Outdoor Recreation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Lori moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Rep. Stamas moved that House Bill No. 5696 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5696, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2008 PA 438.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 561 Yeas—106
Agema Gilbert Lane Potvin
Ananich Glardon LeBlanc Price
Barnett Goike Lindberg Pscholka
Bauer Graves Liss Rendon
Bledsoe Greimel Lori Rogers
Bolger Haines Lund Santana
Brunner Hammel Lyons Schmidt, R.
Bumstead Haugh MacGregor Schmidt, W.
Byrum Haveman MacMaster Segal
Callton Heise McBroom Shaughnessy
Cavanagh Hobbs McCann Shirkey
Clemente Hooker McMillin Slavens
Constan Horn Meadows Smiley
Cotter Hovey-Wright Moss Somerville
Crawford Howze Muxlow Stallworth
Daley Hughes Nathan Stamas
Damrow Huuki Nesbitt Stanley
Darany Irwin O’Brien Stapleton
Denby Jackson Oakes Switalski
Dillon Jacobsen Olson Talabi
Durhal Jenkins Olumba Tlaib
Farrington Johnson Opsommer Townsend
Forlini Kandrevas Ouimet Tyler
Foster Knollenberg Outman Walsh
Franz Kowall Pettalia Yonker
Geiss Kurtz Poleski Zorn
Genetski LaFontaine
Nays—2
Brown Lipton
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5249 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5249, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43526 (MCL 324.43526), as amended by 1996 PA 585.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 562 Yeas—106
Agema Gilbert LeBlanc Potvin
Ananich Glardon Lindberg Price
Barnett Goike Lipton Pscholka
Bledsoe Graves Liss Rendon
Bolger Greimel Lori Rogers
Brown Haines Lund Santana
Brunner Hammel Lyons Schmidt, R.
Bumstead Haugh MacGregor Schmidt, W.
Byrum Haveman MacMaster Segal
Callton Heise McBroom Shaughnessy
Cavanagh Hobbs McCann Shirkey
Clemente Hooker McMillin Slavens
Constan Horn Meadows Smiley
Cotter Howze Moss Somerville
Crawford Hughes Muxlow Stallworth
Daley Huuki Nathan Stamas
Damrow Irwin Nesbitt Stanley
Darany Jackson O’Brien Stapleton
Denby Jacobsen Oakes Switalski
Dillon Jenkins Olson Talabi
Durhal Johnson Olumba Tlaib
Farrington Kandrevas Opsommer Townsend
Forlini Knollenberg Ouimet Tyler
Foster Kowall Outman Walsh
Franz Kurtz Pettalia Yonker
Geiss LaFontaine Poleski Zorn
Genetski Lane
Nays—2
Bauer Hovey-Wright
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
Motions and Resolutions
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Zorn offered the following concurrent resolution:
House Concurrent Resolution No. 64.
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 Community College District of Monroe County relative to the Community College District of Monroe County Technology Center Project.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL 830.415, requires the approval of the Board of Trustees of the Community College District of Monroe County (the “Educational Institution”), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the “Authority”); and
Whereas, The site for the Community College District of Monroe County Technology Center Project (the “Facility”) is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the “State”) may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the “Lease”); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Community College District of Monroe County Technology Center Project shall not exceed $17,000,000 (the Authority share is $8,499,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $8,500,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $8,499,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of “True Rental” for the Facility shall be within or below the range of $583,000 and $762,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of the Community College District of Monroe County, and the State Budget Director.
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 563 Yeas—108
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Olumba Townsend
Forlini Kandrevas Opsommer Tyler
Foster Knollenberg Ouimet Walsh
Franz Kowall Outman Yonker
Geiss Kurtz Pettalia Zorn
Nays—0
In The Chair: Walsh
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Outman offered the following concurrent resolution:
House Concurrent Resolution No. 65.
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 Montcalm Community College relative to the Montcalm Community College Advanced Technology Center.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL 830.415, requires the approval of the Board of Trustees of Montcalm Community College (the “Educational Institution”), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the “Authority”); and
Whereas, The site for the Montcalm Community College Advanced Technology Center (the “Facility”) is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the “State”) may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the “Lease”); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Montcalm Community College Advanced Technology Center shall not exceed $5,433,400 (the Authority share is $2,716,500, the State General Fund/General Purpose share is $200, and the Educational Institution share is $2,716,700), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $2,716,500, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of “True Rental” for the Facility shall be within or below the range of $186,000 and $244,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Montcalm Community College, and the State Budget Director.
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 564 Yeas—108
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stallworth
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Olumba Townsend
Forlini Kandrevas Opsommer Tyler
Foster Knollenberg Ouimet Walsh
Franz Kowall Outman Yonker
Geiss Kurtz Pettalia Zorn
Nays—0
In The Chair: Walsh
Rep. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Stamas moved that the Committee on Health Policy be discharged from further consideration of House Resolution No. 321.
The motion prevailed, a majority of the members serving voting therefor.
The Speaker laid before the House
House Resolution No. 321.
A resolution to declare September 2012 as Childhood Cancer Awareness Month in the state of Michigan.
(For text of resolution, see House Journal No. 69, p. 2141.)
(The resolution was discharged from the Committee on Health Policy on September 27.)
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Stamas moved that the Committee on Local, Intergovernmental, and Regional Affairs be discharged from further consideration of House Resolution No. 322.
The motion prevailed, a majority of the members serving voting therefor.
Rep. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Stamas moved that the Committee on Health Policy be discharged from further consideration of House Resolution No. 323.
The motion prevailed, a majority of the members serving voting therefor.
The Speaker laid before the House
House Resolution No. 322.
A resolution to declare September 2012 as Library Card Sign-up Month in the state of Michigan.
(For text of resolution, see House Journal No. 69, p. 2142.)
(The resolution was discharged from the Committee on Local, Intergovernmental, and Regional Affairs on September 27.)
The question being on the adoption of the resolution,
The resolution was adopted.
The Speaker laid before the House
House Resolution No. 323.
A resolution to declare September 2012 as Ovarian Cancer Awareness Month in the state of Michigan.
(For text of resolution, see House Journal No. 69, p. 2142.)
(The resolution was discharged from the Committee on Health Policy on September 27.)
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Stamas moved that the Committee on Judiciary be discharged from further consideration of House Bill No. 5913.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
Pending the Second Reading of
House Bill No. 5913, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 316 (MCL 750.316), as amended by 2006 PA 415.
Rep. Stamas moved that the bill be referred to the Committee on Families, Children, and Seniors.
The motion prevailed.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Opsommer to the Chair.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5431, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 411a (MCL 750.411a), as amended by 2004 PA 104.
(The bill was received from the Senate on September 20, with substitute (S-3), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 25, see House Journal No. 69, p. 2146.)
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. 565 Yeas—106
Agema Genetski Lane Potvin
Ananich Gilbert LeBlanc Price
Barnett Glardon Lindberg Pscholka
Bauer Goike Lipton Rendon
Bledsoe Graves Liss Rogers
Bolger Greimel Lori Santana
Brown Haines Lund Schmidt, R.
Brunner Hammel Lyons Schmidt, W.
Bumstead Haugh MacGregor Segal
Byrum Haveman MacMaster Shaughnessy
Callton Heise McBroom Shirkey
Cavanagh Hobbs McCann Slavens
Clemente Hooker McMillin Smiley
Constan Horn Meadows Somerville
Cotter Hovey-Wright Moss Stallworth
Crawford Howze Muxlow Stamas
Daley Hughes Nesbitt Stanley
Damrow Huuki O’Brien Stapleton
Darany Jackson Oakes Switalski
Denby Jacobsen Olson Talabi
Dillon Jenkins Olumba Tlaib
Durhal Johnson Opsommer Townsend
Farrington Kandrevas Ouimet Tyler
Forlini Knollenberg Outman Walsh
Foster Kowall Pettalia Yonker
Franz Kurtz Poleski Zorn
Geiss LaFontaine
Nays—2
Irwin Nathan
In The Chair: Opsommer
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
Rep. Stamas moved that Senate Bill No. 1004 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 1004, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2008 PA 458 and section 11 as amended by 2004 PA 474.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 566 Yeas—86
Agema Goike LeBlanc Pettalia
Ananich Graves Liss Poleski
Bolger Greimel Lund Potvin
Brunner Haines Lyons Price
Bumstead Hammel MacGregor Pscholka
Byrum Haugh MacMaster Rendon
Callton Haveman McBroom Rogers
Clemente Heise McCann Schmidt, R.
Constan Hobbs McMillin Schmidt, W.
Cotter Hooker Meadows Segal
Crawford Horn Moss Shaughnessy
Daley Hughes Muxlow Shirkey
Damrow Huuki Nathan Smiley
Denby Jacobsen Nesbitt Somerville
Dillon Jenkins O’Brien Stamas
Farrington Johnson Oakes Stapleton
Forlini Kandrevas Olson Switalski
Foster Knollenberg Olumba Tyler
Franz Kowall Opsommer Walsh
Genetski Kurtz Ouimet Yonker
Gilbert LaFontaine Outman Zorn
Glardon Lane
Nays—22
Barnett Durhal Lindberg Stallworth
Bauer Geiss Lipton Stanley
Bledsoe Hovey-Wright Lori Talabi
Brown Howze Santana Tlaib
Cavanagh Irwin Slavens Townsend
Darany Jackson
In The Chair: Opsommer
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1993 PA 327, entitled “An act to provide for a tax upon the sale and distribution of tobacco products; to regulate and license manufacturers, wholesalers, secondary wholesalers, vending machine operators, unclassified acquirers, transportation companies, transporters, and retailers of tobacco products; to prescribe the powers and duties of the revenue division and the department of treasury in regard to tobacco products; to provide for the administration, collection, and disposition of the tax; to levy an assessment; to provide for the administration, collection, defense, and disposition of the assessment; to provide for the enforcement of this act; to provide for the appointment of special investigators as peace officers for the enforcement of this act; to prescribe penalties and provide remedies for the violation of this act; to make and supplement appropriations; and to repeal acts and parts of acts,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2012 PA 188 and section 11 as amended by 2004 PA 474.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 990, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7cc and 7dd (MCL 211.7cc and 211.7dd), section 7cc as amended by 2012 PA 114 and section 7dd as amended by 2011 PA 320.
The bill was read a second time.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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. Stallworth 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. 990, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7cc and 7dd (MCL 211.7cc and 211.7dd), section 7cc as amended by 2012 PA 114 and section 7dd as amended by 2011 PA 320.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 567 Yeas—107
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stamas
Daley Hughes Muxlow Stanley
Damrow Huuki Nathan Stapleton
Darany Irwin Nesbitt Switalski
Denby Jackson O’Brien Talabi
Dillon Jacobsen Oakes Tlaib
Durhal Jenkins Olson Townsend
Farrington Johnson Olumba Tyler
Forlini Kandrevas Opsommer Walsh
Foster Knollenberg Ouimet Yonker
Franz Kowall Outman Zorn
Geiss Kurtz Pettalia
Nays—0
In The Chair: Opsommer
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; 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.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5432, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2008 PA 466.
(The bill was received from the Senate on September 20, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 25, see House Journal No. 69, p. 2146.)
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. 568 Yeas—105
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stamas
Daley Hughes Muxlow Stanley
Damrow Huuki Nesbitt Stapleton
Darany Jackson O’Brien Switalski
Denby Jacobsen Oakes Talabi
Dillon Jenkins Olson Tlaib
Durhal Johnson Olumba Townsend
Farrington Kandrevas Opsommer Tyler
Forlini Knollenberg Ouimet Walsh
Foster Kowall Outman Yonker
Franz Kurtz Pettalia Zorn
Geiss
Nays—2
Irwin Nathan
In The Chair: Opsommer
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. 5433, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2010 PA 278.
(The bill was received from the Senate on September 20, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 25, see House Journal No. 69, p. 2146.)
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. 569 Yeas—101
Ananich Genetski LaFontaine Poleski
Barnett Gilbert Lane Potvin
Bauer Glardon LeBlanc Price
Bledsoe Goike Lipton Pscholka
Bolger Graves Liss Rendon
Brown Greimel Lori Rogers
Brunner Haines Lund Santana
Bumstead Hammel Lyons Schmidt, R.
Byrum Haugh MacGregor Schmidt, W.
Callton Haveman MacMaster Segal
Cavanagh Heise McBroom Shaughnessy
Clemente Hobbs McCann Shirkey
Constan Horn McMillin Slavens
Cotter Hovey-Wright Meadows Smiley
Crawford Howze Moss Somerville
Daley Hughes Muxlow Stamas
Damrow Huuki Nesbitt Stanley
Darany Jackson O’Brien Stapleton
Denby Jacobsen Oakes Switalski
Dillon Jenkins Olson Talabi
Durhal Johnson Olumba Tlaib
Farrington Kandrevas Opsommer Townsend
Forlini Knollenberg Ouimet Tyler
Foster Kowall Outman Walsh
Franz Kurtz Pettalia Zorn
Geiss
Nays—6
Agema Irwin Nathan Yonker
Hooker Lindberg
In The Chair: Opsommer
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5697, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 9156.
(The bill was received from the Senate on September 25, 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. 70, p. 2153.)
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. 570 Yeas—106
Agema Gilbert Lane Poleski
Ananich Glardon LeBlanc Potvin
Barnett Goike Lindberg Price
Bauer Graves Lipton Pscholka
Bledsoe Greimel Liss Rendon
Bolger Haines Lori Rogers
Brown Hammel Lund Santana
Brunner Haugh Lyons Schmidt, R.
Bumstead Haveman MacGregor Schmidt, W.
Byrum Heise MacMaster Segal
Callton Hobbs McBroom Shaughnessy
Cavanagh Hooker McCann Shirkey
Clemente Horn McMillin Slavens
Constan Hovey-Wright Meadows Smiley
Cotter Howze Moss Somerville
Crawford Hughes Muxlow Stamas
Daley Huuki Nathan Stanley
Damrow Irwin Nesbitt Stapleton
Darany Jackson O’Brien Switalski
Denby Jacobsen Oakes Talabi
Dillon Jenkins Olson Tlaib
Durhal Johnson Olumba Townsend
Farrington Kandrevas Opsommer Tyler
Forlini Knollenberg Ouimet Walsh
Foster Kowall Outman Yonker
Franz Kurtz Pettalia Zorn
Geiss LaFontaine
Nays—1
Genetski
In The Chair: Opsommer
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. 5793, entitled
A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police,” by amending section 3 (MCL 28.273), as amended by 2010 PA 178.
The Senate has amended the bill as follows:
1. Amend page 1, line 1, after “OCTOBER 1,” by striking out “2014” and inserting “2015”.
2. Amend page 2, line 11, after “2012,” by striking out “2014” and inserting “2015”.
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
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. 571 Yeas—90
Agema Gilbert LeBlanc Potvin
Ananich Glardon Lindberg Price
Bauer Graves Liss Pscholka
Bledsoe Haines Lori Rendon
Bolger Hammel Lund Rogers
Brunner Haugh Lyons Santana
Bumstead Haveman MacGregor Schmidt, R.
Byrum Heise MacMaster Schmidt, W.
Callton Hooker McBroom Segal
Cavanagh Horn Meadows Shaughnessy
Clemente Howze Moss Shirkey
Cotter Hughes Muxlow Somerville
Crawford Huuki Nathan Stamas
Daley Jackson Nesbitt Stanley
Damrow Jacobsen O’Brien Stapleton
Darany Jenkins Oakes Switalski
Denby Johnson Olson Talabi
Durhal Kandrevas Opsommer Townsend
Farrington Knollenberg Ouimet Tyler
Forlini Kowall Outman Walsh
Foster Kurtz Pettalia Yonker
Franz LaFontaine Poleski Zorn
Genetski Lane
Nays—17
Barnett Goike Irwin Olumba
Brown Greimel Lipton Slavens
Constan Hobbs McCann Smiley
Dillon Hovey-Wright McMillin Tlaib
Geiss
In The Chair: Opsommer
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5581, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 8317 (MCL 324.8317), as amended by 2008 PA 18.
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.
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-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. 572 Yeas—93
Ananich Gilbert LeBlanc Price
Barnett Glardon Lindberg Pscholka
Bauer Graves Lipton Rendon
Bledsoe Haines Liss Rogers
Bolger Hammel Lori Santana
Brunner Haugh Lund Schmidt, R.
Bumstead Haveman Lyons Schmidt, W.
Byrum Heise MacGregor Segal
Callton Horn MacMaster Shaughnessy
Cavanagh Howze McBroom Shirkey
Clemente Hughes Meadows Slavens
Constan Huuki Moss Smiley
Cotter Irwin Muxlow Somerville
Crawford Jackson O’Brien Stamas
Daley Jacobsen Oakes Stanley
Damrow Jenkins Olson Stapleton
Darany Johnson Olumba Switalski
Denby Kandrevas Opsommer Talabi
Durhal Knollenberg Ouimet Townsend
Farrington Kowall Outman Tyler
Forlini Kurtz Pettalia Walsh
Foster LaFontaine Poleski Yonker
Franz Lane Potvin Zorn
Genetski
Nays—14
Agema Goike Hovey-Wright Nathan
Brown Greimel McCann Nesbitt
Dillon Hobbs McMillin Tlaib
Geiss Hooker
In The Chair: Opsommer
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. 5784, entitled
A bill to amend 1937 PA 284, entitled “An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers’ proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act,” by amending sections 1, 2, 3, 3a, 4, 5, 6, 7, 8, and 11 (MCL 287.121, 287.122, 287.123, 287.123a, 287.124, 287.125, 287.126, 287.127, 287.128, and 287.131), section 3 as amended by 2007 PA 81, and by adding section 7a.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) 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-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. 573 Yeas—95
Ananich Glardon LeBlanc Price
Barnett Graves Lindberg Pscholka
Bauer Haines Lipton Rendon
Bledsoe Hammel Liss Rogers
Bolger Haugh Lori Santana
Brunner Haveman Lund Schmidt, R.
Bumstead Heise Lyons Schmidt, W.
Byrum Hobbs MacGregor Segal
Callton Horn MacMaster Shaughnessy
Cavanagh Hovey-Wright McBroom Shirkey
Clemente Howze McMillin Slavens
Constan Hughes Meadows Smiley
Cotter Huuki Moss Somerville
Crawford Irwin Muxlow Stamas
Daley Jackson O’Brien Stanley
Damrow Jacobsen Oakes Stapleton
Darany Jenkins Olson Switalski
Denby Johnson Olumba Talabi
Durhal Kandrevas Opsommer Townsend
Farrington Knollenberg Ouimet Tyler
Forlini Kowall Outman Walsh
Foster Kurtz Pettalia Yonker
Genetski LaFontaine Poleski Zorn
Gilbert Lane Potvin
Nays—12
Agema Franz Greimel Nathan
Brown Geiss Hooker Nesbitt
Dillon Goike McCann Tlaib
In The Chair: Opsommer
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 5135, entitled
A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending sections 7 and 15 (MCL 390.1667 and 390.1675).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hughes 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
House Bill No. 5135, entitled
A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending sections 7 and 15 (MCL 390.1667 and 390.1675).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 574 Yeas—97
Ananich Geiss LaFontaine Potvin
Barnett Gilbert Lane Price
Bauer Glardon LeBlanc Pscholka
Bledsoe Goike Lindberg Rendon
Bolger Haines Lipton Rogers
Brown Hammel Liss Santana
Brunner Haugh Lori Schmidt, R.
Bumstead Haveman Lund Schmidt, W.
Byrum Heise Lyons Segal
Callton Hobbs MacGregor Shaughnessy
Cavanagh Hooker McBroom Shirkey
Clemente Horn McCann Slavens
Constan Hovey-Wright Meadows Smiley
Cotter Howze Muxlow Stamas
Crawford Hughes Nathan Stanley
Daley Huuki Nesbitt Stapleton
Damrow Irwin O’Brien Switalski
Darany Jackson Oakes Talabi
Denby Jacobsen Olson Tlaib
Dillon Jenkins Olumba Townsend
Durhal Johnson Ouimet Tyler
Farrington Kandrevas Outman Walsh
Forlini Kowall Pettalia Yonker
Foster Kurtz Poleski Zorn
Franz
Nays—10
Agema Greimel McMillin Opsommer
Genetski Knollenberg Moss Somerville
Graves MacMaster
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5330, entitled
A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending sections 11 and 15 (MCL 390.1671 and 390.1675).
The bill was read a second time.
Rep. Bumstead 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
House Bill No. 5330, entitled
A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending sections 11 and 15 (MCL 390.1671 and 390.1675).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 575 Yeas—96
Ananich Geiss LaFontaine Poleski
Barnett Gilbert Lane Potvin
Bauer Glardon LeBlanc Price
Bledsoe Goike Lindberg Pscholka
Bolger Haines Lipton Rendon
Brown Hammel Liss Rogers
Brunner Haugh Lori Santana
Bumstead Haveman Lund Schmidt, R.
Byrum Heise Lyons Schmidt, W.
Callton Hobbs MacGregor Segal
Cavanagh Hooker McBroom Shaughnessy
Clemente Horn McCann Slavens
Constan Hovey-Wright Meadows Smiley
Crawford Howze Muxlow Stamas
Daley Hughes Nathan Stanley
Damrow Huuki Nesbitt Stapleton
Darany Irwin O’Brien Switalski
Denby Jackson Oakes Talabi
Dillon Jacobsen Olson Tlaib
Durhal Jenkins Olumba Townsend
Farrington Johnson Opsommer Tyler
Forlini Kandrevas Ouimet Walsh
Foster Kowall Outman Yonker
Franz Kurtz Pettalia Zorn
Nays—11
Agema Graves MacMaster Shirkey
Cotter Greimel McMillin Somerville
Genetski Knollenberg Moss
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5877, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 521a (MCL 436.1521a), as amended by 2010 PA 369.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Regulatory Reform (for amendments, see House Journal No. 68, p. 2132),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Denby moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stamas moved that 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
House Bill No. 5877, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 521a (MCL 436.1521a), as amended by 2010 PA 369.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 576 Yeas—106
Agema Genetski Lane Poleski
Ananich Gilbert LeBlanc Potvin
Barnett Glardon Lindberg Price
Bauer Goike Lipton Pscholka
Bledsoe Graves Liss Rendon
Bolger Greimel Lori Rogers
Brown Haines Lund Santana
Brunner Hammel Lyons Schmidt, R.
Bumstead Haugh MacGregor Schmidt, W.
Byrum Haveman MacMaster Segal
Callton Heise McBroom Shaughnessy
Cavanagh Hobbs McCann Shirkey
Clemente Horn McMillin Slavens
Constan Hovey-Wright Meadows Smiley
Cotter Howze Moss Somerville
Crawford Hughes Muxlow Stamas
Daley Huuki Nathan Stanley
Damrow Irwin Nesbitt Stapleton
Darany Jackson O’Brien Switalski
Denby Jacobsen Oakes Talabi
Dillon Jenkins Olson Tlaib
Durhal Johnson Olumba Townsend
Farrington Kandrevas Opsommer Tyler
Forlini Knollenberg Ouimet Walsh
Foster Kowall Outman Yonker
Franz Kurtz Pettalia Zorn
Geiss LaFontaine
Nays—1
Hooker
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker Pro Tempore resumed the Chair.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5400, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The 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 amended the title to read as follows:
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2013; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
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-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. 577 Yeas—106
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn Meadows Smiley
Cotter Hovey-Wright Moss Somerville
Crawford Howze Muxlow Stamas
Daley Hughes Nathan Stanley
Damrow Huuki Nesbitt Stapleton
Darany Irwin O’Brien Switalski
Denby Jackson Oakes Talabi
Dillon Jacobsen Olson Tlaib
Durhal Jenkins Olumba Townsend
Farrington Johnson Opsommer Tyler
Forlini Kandrevas Ouimet Walsh
Foster Knollenberg Outman Yonker
Franz Kowall Pettalia Zorn
Geiss Kurtz
Nays—1
McMillin
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Stamas moved that the Committee on Natural Resources, Tourism, and Outdoor Recreation be discharged from further consideration of Senate Bill No. 1059.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second Reading of Bills
Pending the Second Reading of
Senate Bill No. 1059, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7jj and 27a (MCL 211.7jj[1] and 211.27a), section 7jj as added by 2006 PA 378 and section 27a as amended by 2012 PA 47.
By unanimous consent the House returned to the order of
Messages from the Senate
The Senate requested the return of
Senate Bill No. 1059, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7jj and 27a (MCL 211.7jj[1] and 211.27a), section 7jj as added by 2006 PA 378 and section 27a as amended by 2012 PA 47.
Rep. Stamas moved that the request of the Senate be granted.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 325.
A resolution to memorialize the Congress of the United States to provide funding to the United States Army Corps of Engineers for dredging recreational harbors in Michigan, particularly Portage Lake Harbor located in Onekama, MI.
(For text of resolution, see House Journal No. 70, p. 2151.)
(The resolution was reported by the Committee on Natural Resources, Tourism, and Outdoor Recreation on September 27, with substitute (H-1).)
(For substitute, see today’s Journal, p. 2160.)
The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,
The substitute (H-1) was adopted, a majority of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
The Speaker laid before the House
House Concurrent Resolution No. 62.
A concurrent resolution to memorialize the Congress of the United States to provide funding to the United States Army Corps of Engineers for dredging recreational harbors in Michigan, particularly Portage Lake Harbor located in Onekama, MI.
(For text of concurrent resolution, see House Journal No. 70, p. 2152.)
(The concurrent resolution was reported by the Committee on Natural Resources, Tourism, and Outdoor Recreation on September 27, with substitute (H-1).)
(For substitute, see today’s Journal, p. 2161.)
The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,
The substitute (H-1) was adopted, a majority of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Second Reading of Bills
House Bill No. 4446, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2010 PA 17.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Tax Policy,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. O’Brien 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
House Bill No. 4446, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2010 PA 17.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 578 Yeas—107
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stamas
Daley Hughes Muxlow Stanley
Damrow Huuki Nathan Stapleton
Darany Irwin Nesbitt Switalski
Denby Jackson O’Brien Talabi
Dillon Jacobsen Oakes Tlaib
Durhal Jenkins Olson Townsend
Farrington Johnson Olumba Tyler
Forlini Kandrevas Opsommer Walsh
Foster Knollenberg Ouimet Yonker
Franz Kowall Outman Zorn
Geiss Kurtz Pettalia
Nays—0
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2012 PA 114.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5678, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4g (MCL 205.54g), as amended by 2008 PA 438.
The bill was read a second time.
Rep. Horn 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
House Bill No. 5678, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4g (MCL 205.54g), as amended by 2008 PA 438.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 579 Yeas—107
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stamas
Daley Hughes Muxlow Stanley
Damrow Huuki Nathan Stapleton
Darany Irwin Nesbitt Switalski
Denby Jackson O’Brien Talabi
Dillon Jacobsen Oakes Tlaib
Durhal Jenkins Olson Townsend
Farrington Johnson Olumba Tyler
Forlini Kandrevas Opsommer Walsh
Foster Knollenberg Ouimet Yonker
Franz Kowall Outman Zorn
Geiss Kurtz Pettalia
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.
Second Reading of Bills
House Bill No. 5835, entitled
A bill to repeal 1980 PA 307, entitled “Savings and loan act of 1980,” (MCL 491.102 to 491.1202).
The bill was read a second time.
Rep. Farrington moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5836, entitled
A bill to amend 1978 PA 322, entitled “An act to authorize financial institutions to make electronic funds transfer terminals available to their customers; to protect the privacy and security of customers; to prohibit unfair discrimination among financial institutions and monopolistic practices in the use and availability of electronic funds transfer terminals; to prescribe remedies; and to prescribe penalties,” by amending section 2 (MCL 488.2), as amended by 2003 PA 220.
The bill was read a second time.
Rep. Farrington moved to amend the bill as follows:
1. Amend page 3, line 4, by striking out all of enacting section 2 and inserting:
“Enacting section 2. This amendatory act does not take effect unless House Bill No. 5835 of the 96th Legislature is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Jenkins moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5837, entitled
A bill to amend 1973 PA 43, entitled “An act to permit associations, institutions and credit unions to process or handle food stamps; and to prescribe powers and duties,” by amending section 1 (MCL 400.171), as amended by 2003 PA 218.
The bill was read a second time.
Rep. Farrington moved to amend the bill as follows:
1. Amend page 2, line 9, by striking out all of enacting section 2 and inserting:
“Enacting section 2. This amendatory act does not take effect unless House Bill No. 5835 of the 96th Legislature is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Cotter moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5838, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5451 and 6023 (MCL 600.5451 and 600.6023), section 5451 as added by 2004 PA 575 and section 6023 as amended by 1998 PA 61.
The bill was read a second time.
Rep. Farrington moved to amend the bill as follows:
1. Amend page 12, line 13, by striking out all of enacting section 2 and inserting:
“Enacting section 2. This amendatory act does not take effect unless House Bill No. 5835 of the 96th Legislature is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Huuki moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5863, entitled
A bill to amend 1950 (Ex Sess) PA 27, entitled “Motor vehicle sales finance act,” by amending section 36 (MCL 492.136), as amended by 2003 PA 221.
The bill was read a second time.
Rep. Farrington moved to amend the bill as follows:
1. Amend page 1, line 9, by striking out all of enacting section 2 and inserting:
“Enacting section 2. This amendatory act does not take effect unless House Bill No. 5835 of the 96th Legislature is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Franz moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5890, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1238 (MCL 500.1238), as added by 1984 PA 5.
The bill was read a second time.
Rep. Shaughnessy moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5891, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2112, 2116, 3109, and 3109a (MCL 500.2112, 500.2116, 500.3109, and 500.3109a), sections 2112 and 2116 as amended by 1980 PA 461.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Insurance,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Lund moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5488, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2010 PA 279.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Regulatory Reform,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Franz moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Franz moved to amend the bill as follows:
1. Amend page 7, line 26, after “803.” by inserting “IF A CONDITIONAL LICENSE IS REVOKED, THE CONDITIONAL LICENSEE SHALL NOT RECOVER FROM A UNIT OF LOCAL GOVERNMENT ANY COMPENSATION FOR PROPERTY, FUTURE INCOME, OR FUTURE ECONOMIC LOSS DUE TO THE REVOCATION.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Franz moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5727, entitled
A bill to require governmental units to implement cost-effective energy conservation improvements to minimize energy consumption and reduce operating costs; to require energy audits; to specify procedures for obtaining contracts to reduce energy consumption; to prescribe payment methods for energy conservation contracts; and to prescribe duties for certain state governmental officers and entities.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Energy and Technology,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Haveman 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. Haveman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Rep. Stamas moved that House Bill No. 5835 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5835, entitled
A bill to repeal 1980 PA 307, entitled “Savings and loan act of 1980,” (MCL 491.102 to 491.1202).
Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 580 Yeas—107
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stamas
Daley Hughes Muxlow Stanley
Damrow Huuki Nathan Stapleton
Darany Irwin Nesbitt Switalski
Denby Jackson O’Brien Talabi
Dillon Jacobsen Oakes Tlaib
Durhal Jenkins Olson Townsend
Farrington Johnson Olumba Tyler
Forlini Kandrevas Opsommer Walsh
Foster Knollenberg Ouimet Yonker
Franz Kowall Outman Zorn
Geiss Kurtz Pettalia
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5836 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5836, entitled
A bill to amend 1978 PA 322, entitled “An act to authorize financial institutions to make electronic funds transfer terminals available to their customers; to protect the privacy and security of customers; to prohibit unfair discrimination among financial institutions and monopolistic practices in the use and availability of electronic funds transfer terminals; to prescribe remedies; and to prescribe penalties,” by amending section 2 (MCL 488.2), as amended by 2003 PA 220.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 581 Yeas—107
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stamas
Daley Hughes Muxlow Stanley
Damrow Huuki Nathan Stapleton
Darany Irwin Nesbitt Switalski
Denby Jackson O’Brien Talabi
Dillon Jacobsen Oakes Tlaib
Durhal Jenkins Olson Townsend
Farrington Johnson Olumba Tyler
Forlini Kandrevas Opsommer Walsh
Foster Knollenberg Ouimet Yonker
Franz Kowall Outman Zorn
Geiss Kurtz Pettalia
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5837 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5837, entitled
A bill to amend 1973 PA 43, entitled “An act to permit associations, institutions and credit unions to process or handle food stamps; and to prescribe powers and duties,” by amending section 1 (MCL 400.171), as amended by 2003 PA 218.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 582 Yeas—107
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stamas
Daley Hughes Muxlow Stanley
Damrow Huuki Nathan Stapleton
Darany Irwin Nesbitt Switalski
Denby Jackson O’Brien Talabi
Dillon Jacobsen Oakes Tlaib
Durhal Jenkins Olson Townsend
Farrington Johnson Olumba Tyler
Forlini Kandrevas Opsommer Walsh
Foster Knollenberg Ouimet Yonker
Franz Kowall Outman Zorn
Geiss Kurtz Pettalia
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5838 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5838, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5451 and 6023 (MCL 600.5451 and 600.6023), section 5451 as added by 2004 PA 575 and section 6023 as amended by 1998 PA 61.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 583 Yeas—107
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stamas
Daley Hughes Muxlow Stanley
Damrow Huuki Nathan Stapleton
Darany Irwin Nesbitt Switalski
Denby Jackson O’Brien Talabi
Dillon Jacobsen Oakes Tlaib
Durhal Jenkins Olson Townsend
Farrington Johnson Olumba Tyler
Forlini Kandrevas Opsommer Walsh
Foster Knollenberg Ouimet Yonker
Franz Kowall Outman Zorn
Geiss Kurtz Pettalia
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5863 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5863, entitled
A bill to amend 1950 (Ex Sess) PA 27, entitled “Motor vehicle sales finance act,” by amending section 36 (MCL 492.136), as amended by 2003 PA 221.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 584 Yeas—107
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stamas
Daley Hughes Muxlow Stanley
Damrow Huuki Nathan Stapleton
Darany Irwin Nesbitt Switalski
Denby Jackson O’Brien Talabi
Dillon Jacobsen Oakes Tlaib
Durhal Jenkins Olson Townsend
Farrington Johnson Olumba Tyler
Forlini Kandrevas Opsommer Walsh
Foster Knollenberg Ouimet Yonker
Franz Kowall Outman Zorn
Geiss Kurtz Pettalia
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5890 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5890, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1238 (MCL 500.1238), as added by 1984 PA 5.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 585 Yeas—106
Agema Gilbert Lane Poleski
Ananich Glardon LeBlanc Potvin
Bauer Goike Lindberg Price
Bledsoe Graves Lipton Pscholka
Bolger Greimel Liss Rendon
Brown Haines Lori Rogers
Brunner Hammel Lund Santana
Bumstead Haugh Lyons Schmidt, R.
Byrum Haveman MacGregor Schmidt, W.
Callton Heise MacMaster Segal
Cavanagh Hobbs McBroom Shaughnessy
Clemente Hooker McCann Shirkey
Constan Horn McMillin Slavens
Cotter Hovey-Wright Meadows Smiley
Crawford Howze Moss Somerville
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Talabi
Durhal Jenkins Olson Tlaib
Farrington Johnson Olumba Townsend
Forlini Kandrevas Opsommer Tyler
Foster Knollenberg Ouimet Walsh
Franz Kowall Outman Yonker
Geiss Kurtz Pettalia Zorn
Genetski LaFontaine
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Barnett, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 585 because of a possible conflict of interest.”
Rep. Stamas moved that House Bill No. 5891 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5891, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2112, 2116, 3109, and 3109a (MCL 500.2112, 500.2116, 500.3109, and 500.3109a), sections 2112 and 2116 as amended by 1980 PA 461.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 586 Yeas—64
Agema Goike Lori Poleski
Bolger Graves Lund Potvin
Bumstead Haines Lyons Price
Cotter Haveman MacGregor Pscholka
Crawford Heise MacMaster Rendon
Daley Hooker McBroom Rogers
Damrow Horn McMillin Schmidt, R.
Denby Hughes Moss Schmidt, W.
Dillon Huuki Muxlow Shaughnessy
Farrington Jacobsen Nesbitt Shirkey
Forlini Jenkins O’Brien Somerville
Foster Johnson Olson Stamas
Franz Knollenberg Opsommer Tyler
Genetski Kowall Ouimet Walsh
Gilbert Kurtz Outman Yonker
Glardon LaFontaine Pettalia Zorn
Nays—43
Ananich Darany Kandrevas Santana
Barnett Durhal Lane Segal
Bauer Geiss LeBlanc Slavens
Bledsoe Greimel Lindberg Smiley
Brown Hammel Lipton Stanley
Brunner Haugh Liss Stapleton
Byrum Hobbs McCann Switalski
Callton Hovey-Wright Meadows Talabi
Cavanagh Howze Nathan Tlaib
Clemente Irwin Oakes Townsend
Constan Jackson Olumba
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5488 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5488, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2010 PA 279.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 587 Yeas—105
Agema Genetski Kurtz Pettalia
Ananich Gilbert LaFontaine Poleski
Barnett Glardon Lane Potvin
Bauer Goike LeBlanc Price
Bledsoe Graves Lindberg Pscholka
Bolger Greimel Lipton Rendon
Brown Haines Liss Rogers
Brunner Hammel Lori Santana
Bumstead Haugh Lund Schmidt, R.
Byrum Haveman Lyons Schmidt, W.
Callton Heise MacGregor Segal
Cavanagh Hobbs MacMaster Shaughnessy
Clemente Hooker McBroom Shirkey
Constan Horn McCann Slavens
Cotter Hovey-Wright McMillin Smiley
Crawford Howze Moss Somerville
Daley Hughes Muxlow Stamas
Damrow Huuki Nathan Stanley
Darany Irwin Nesbitt Stapleton
Denby Jackson O’Brien Switalski
Dillon Jacobsen Oakes Tlaib
Durhal Jenkins Olson Townsend
Farrington Johnson Olumba Tyler
Forlini Kandrevas Opsommer Walsh
Foster Knollenberg Ouimet Yonker
Franz Kowall Outman Zorn
Geiss
Nays—2
Meadows Talabi
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Stamas moved that House Bill No. 5727 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5727, entitled
A bill to require governmental units to implement cost-effective energy conservation improvements to minimize energy consumption and reduce operating costs; to require energy audits; to specify procedures for obtaining contracts to reduce energy consumption; to prescribe payment methods for energy conservation contracts; and to prescribe duties for certain state governmental officers and entities.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 588 Yeas—107
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stamas
Daley Hughes Muxlow Stanley
Damrow Huuki Nathan Stapleton
Darany Irwin Nesbitt Switalski
Denby Jackson O’Brien Talabi
Dillon Jacobsen Oakes Tlaib
Durhal Jenkins Olson Townsend
Farrington Johnson Olumba Tyler
Forlini Kandrevas Opsommer Walsh
Foster Knollenberg Ouimet Yonker
Franz Kowall Outman Zorn
Geiss Kurtz Pettalia
Nays—0
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to provide that governmental units implement cost-effective energy conservation improvements to minimize energy consumption and reduce operating costs; to provide for energy audits; to specify procedures for obtaining contracts to reduce energy consumption; to prescribe payment methods for energy conservation contracts; and to prescribe duties for certain state governmental officers and entities.
The motion prevailed.
The House agreed to the title as amended.
Second Reading of Bills
House Bill No. 5156, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1201, 1222, and 1224 (MCL 500.1201, 500.1222, and 500.1224), sections 1201 and 1224 as amended by 2001 PA 228.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Johnson 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
House Bill No. 5156, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1201, 1222, and 1224 (MCL 500.1201, 500.1222, and 500.1224), sections 1201 and 1224 as amended by 2001 PA 228.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 589 Yeas—107
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stamas
Daley Hughes Muxlow Stanley
Damrow Huuki Nathan Stapleton
Darany Irwin Nesbitt Switalski
Denby Jackson O’Brien Talabi
Dillon Jacobsen Oakes Tlaib
Durhal Jenkins Olson Townsend
Farrington Johnson Olumba Tyler
Forlini Kandrevas Opsommer Walsh
Foster Knollenberg Ouimet Yonker
Franz Kowall Outman Zorn
Geiss Kurtz Pettalia
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.
Second Reading of Bills
House Bill No. 5557, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 13c (MCL 125.1663c), as amended by 2009 PA 213.
The bill was read a second time.
Rep. O’Brien 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
House Bill No. 5557, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 13c (MCL 125.1663c), as amended by 2009 PA 213.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 590 Yeas—93
Ananich Geiss LaFontaine Poleski
Barnett Gilbert Lane Potvin
Bauer Glardon LeBlanc Price
Bledsoe Graves Lindberg Pscholka
Bolger Greimel Lipton Rendon
Brown Haines Liss Rogers
Brunner Hammel Lori Santana
Bumstead Haugh Lund Schmidt, R.
Byrum Haveman Lyons Schmidt, W.
Callton Heise McBroom Segal
Cavanagh Hobbs McCann Shaughnessy
Clemente Horn Meadows Slavens
Constan Hovey-Wright Moss Smiley
Crawford Howze Nathan Stamas
Daley Hughes Nesbitt Stanley
Damrow Huuki O’Brien Stapleton
Darany Irwin Oakes Switalski
Denby Jackson Olson Talabi
Dillon Jenkins Olumba Tlaib
Durhal Kandrevas Opsommer Townsend
Farrington Knollenberg Ouimet Tyler
Forlini Kowall Outman Walsh
Foster Kurtz Pettalia Zorn
Franz
Nays—14
Agema Hooker MacMaster Shirkey
Cotter Jacobsen McMillin Somerville
Genetski Johnson Muxlow Yonker
Goike MacGregor
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
Messages from the Senate
House Bill No. 5391, entitled
A bill to authorize transit service providers to fingerprint certain individuals for the purpose of receiving criminal history record information from the department of state police and the federal bureau of investigation; to prescribe the powers and duties of certain state departments and officers; and to provide for the collection of fees.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) 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-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. 591 Yeas—107
Agema Genetski LaFontaine Poleski
Ananich Gilbert Lane Potvin
Barnett Glardon LeBlanc Price
Bauer Goike Lindberg Pscholka
Bledsoe Graves Lipton Rendon
Bolger Greimel Liss Rogers
Brown Haines Lori Santana
Brunner Hammel Lund Schmidt, R.
Bumstead Haugh Lyons Schmidt, W.
Byrum Haveman MacGregor Segal
Callton Heise MacMaster Shaughnessy
Cavanagh Hobbs McBroom Shirkey
Clemente Hooker McCann Slavens
Constan Horn McMillin Smiley
Cotter Hovey-Wright Meadows Somerville
Crawford Howze Moss Stamas
Daley Hughes Muxlow Stanley
Damrow Huuki Nathan Stapleton
Darany Irwin Nesbitt Switalski
Denby Jackson O’Brien Talabi
Dillon Jacobsen Oakes Tlaib
Durhal Jenkins Olson Townsend
Farrington Johnson Olumba Tyler
Forlini Kandrevas Opsommer Walsh
Foster Knollenberg Ouimet Yonker
Franz Kowall Outman Zorn
Geiss Kurtz Pettalia
Nays—0
In The Chair: Walsh
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Concurrent Resolution No. 34.
A concurrent resolution prescribing the legislative schedule.
Resolved by the Senate (the House of Representatives concurring), That when the Legislature adjourns on Thursday, September 27, 2012, it stands adjourned until Wednesday, October 17, 2012, at 10:00 a.m.; and when it adjourns on Wednesday, October 17, 2012, it stands adjourned until Thursday, November 8, 2012, at 10:00 a.m.
The Senate has adopted the concurrent resolution.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Stamas moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Stamas moved that when the House adjourns today it stand adjourned until Wednesday, October 17, at 10:00 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 Tuesday, September 25, for his approval of the following bill:
Enrolled House Bill No. 4934 at 4:06 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, September 26:
House Bill Nos. 5942 5943 5944 5945 5946 5947 5948
Senate Bill Nos. 1306 1308 1309 1310 1311 1312 1315 1316 1317 1318 1319 1320 1321 1322
1323 1324 1325 1326 1327 1328
The Clerk announced that the following Senate bills had been received on Thursday, September 27:
Senate Bill Nos. 264 1006 1126 1127 1172 1180 1189 1206 1210 1232 1234 1291 1292
Reports of Standing Committees
The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported
House Bill No. 5843, entitled
A bill to prohibit organized retail crime and to provide penalties for that crime; to provide for forfeiture of and restitution for stolen retail merchandise in certain circumstances; to create the organized retail crime advisory board and to prescribe its powers and duties; and to provide for the administration of this act.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett and Clemente
Nays: None
The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported
House Bill No. 5892, entitled
A bill to amend 1984 PA 424, entitled “Rental-purchase agreement act,” by amending sections 7, 8, and 20 (MCL 445.957, 445.958, and 445.970).
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, Denby, Lund, Farrington, Glardon, Somerville, Zorn, Bledsoe, Haugh, Barnett and Clemente
Nays: None
The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported
House Bill No. 5902, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17d of chapter XVII (MCL 777.17d), as added by 2002 PA 28.
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, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett and Clemente
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: Thursday, September 27, 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
Excused: Rep. Olumba
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 4263, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2918 (MCL 600.2918).
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. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Irwin, Cavanagh and Olumba
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 4998, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5732 and 5739 (MCL 600.5732 and 600.5739), section 5739 as amended by 2006 PA 147, and by adding section 5736.
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. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Constan, Oakes and Olumba
Nays: Reps. Meadows, Irwin and Cavanagh
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 5076, entitled
A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” by amending sections 16 and 18 (MCL 141.436 and 141.438), as amended by 2000 PA 493.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter and Graves
Nays: Reps. Meadows, Constan, Cavanagh and Olumba
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 5600, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 1996 PA 257.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 5664, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 33 and 48 of chapter XVII (MCL 777.33 and 777.48), as amended by 2003 PA 134.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 5, line 4, after “urine” by striking out the balance of the subdivision and inserting a period.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 5665, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625, 625a, 625g, and 625m (MCL 257.625, 257.625a, 257.625g, and 257.625m), sections 625 and 625m as amended by 2008 PA 463 and sections 625a and 625g as amended by 2003 PA 61.
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. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 5692, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 71, 72, and 73 (MCL 750.71, 750.72, and 750.73).
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. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 5693, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 74, 75, and 76 (MCL 750.74, 750.75, and 750.76), section 74 as amended by 1998 PA 312.
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. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 5694, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 77, 78, and 79 (MCL 750.77, 750.78, and 750.79), section 77 as amended by 1998 PA 312.
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. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 5695, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16c of chapter XVII (MCL 777.16c), as amended by 2000 PA 279.
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. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh
Nays: None
The Committee on Judiciary, by Rep. Walsh, Chair, reported
House Bill No. 5789, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3801 (MCL 600.3801), as amended by 1988 PA 2.
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. Walsh, Heise, Horn, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Constan, Oakes, Irwin and Cavanagh
Nays: Rep. Olumba
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Walsh, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Thursday, September 27, 2012
Present: Reps. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba
Messages from the Senate
House Bill No. 5053, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 48729 (MCL 324.48729), as added by 1995 PA 57.
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. 5819, entitled
A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 1060 (MCL 450.3060), as amended by 2007 PA 87.
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. 5820, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 1101 (MCL 450.5101), as amended by 2007 PA 86.
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. 5821, entitled
A bill to amend 2002 PA 733, entitled “State plumbing act,” by amending sections 31 and 35 (MCL 338.3541 and 338.3545), as amended by 2008 PA 370.
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. 5822, entitled
A bill to amend 1984 PA 192, entitled “Forbes mechanical contractors act,” by amending section 10 (MCL 338.980), as amended by 2008 PA 372.
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. 5823, entitled
A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3 (MCL 338.883), as amended by 2008 PA 371.
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. 5824, entitled
A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending section 13 (MCL 338.2313), as amended by 2008 PA 373.
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. 5893, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 1060 (MCL 450.2060), as amended by 2008 PA 402.
The 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. 5284, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145d (MCL 750.145d), as amended by 2000 PA 185.
The Senate has amended the bill as follows:
1 Amend page 4, line 14, after “A” by inserting “COMPUTER GAME DEVICE OR A”.
2. Amend page 5, following line 9, by inserting:
“Enacting section 1. This amendatory act takes effect January 1, 2013.”.
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.
House Concurrent Resolution No. 63.
A concurrent resolution relative to secondary road patrol funds for counties providing road patrol services to cities and villages.
(For text of resolution, see today’s Journal, p. 2164.)
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
House Concurrent Resolution No. 64.
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 Community College District of Monroe County relative to the Community College District of Monroe County Technology Center Project.
(For text of resolution, see today’s Journal, p. 2183.)
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
House Concurrent Resolution No. 65.
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 Montcalm Community College relative to the Montcalm Community College Advanced Technology Center.
(For text of resolution, see today’s Journal, p. 2185.)
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
Senate Bill No. 264, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 6 (MCL 205.96), as amended by 2012 PA 117.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1006, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), as amended by 2011 PA 77.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1126, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 3e to chapter XI.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1127, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 3 of chapter XI (MCL 771.3), as amended by 2006 PA 655, and by adding sections 3d and 3f to chapter XI.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1172, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3204 and 3205e (MCL 600.3204 and 600.3205e), section 3204 as amended by 2011 PA 301 and section 3205e as amended by 2011 PA 302.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Senate Bill No. 1180, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 224 (MCL 257.224), as amended by 2006 PA 177.
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. 1189, entitled
A bill to amend 2002 PA 100, entitled “Public employee retirement benefit protection act,” (MCL 38.1681 to 38.1689) by amending the title and by adding section 8a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Oversight, Reform, and Ethics.
Senate Bill No. 1206, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3131 (MCL 324.3131), as added by 1997 PA 29.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Senate Bill No. 1210, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 4, 8, 13, 15, and 16 (MCL 125.2652, 125.2654, 125.2658, 125.2663, 125.2665, and 125.2666), section 2 as amended by 2010 PA 246, section 4 as amended by 2005 PA 101, section 8 as amended by 2000 PA 145, section 13 as amended by 2010 PA 288, section 15 as amended by 2007 PA 201, and section 16 as amended by 2007 PA 203, and by adding section 8a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 1232, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712A.32) by adding chapter XIIB.
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. 1234, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2012 PA 201.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 1291, entitled
A bill to register and regulate certain providers of premises security, monitoring, and control systems; to provide for the assessment of registration fees; and to prescribe the powers and duties of certain state departments, agencies, officers, and political subdivisions.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Senate Bill No. 1292, entitled
A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending section 2 (MCL 338.1052), as amended by 2010 PA 68.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Messages from the Governor
Date: September 25, 2012
Time: 2:53 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5452 (Public Act No. 301, I.E.), being
An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by repealing section 48501 (MCL 324.48501).
(Filed with the Secretary of State September 25, 2012, at 3:42 p.m.)
Date: September 25, 2012
Time: 2:47 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5154 (Public Act No. 302), being
An act to amend 2004 PA 159, entitled “An act to enact the uniform principal and income act; to prescribe the manner in which receipts and expenditures of trusts and estates are credited and charged between income and principal, and the manner in which income is apportioned among beneficiaries at the beginning and upon the termination of a trust or estate; to make uniform the law with respect to principal and income allocation; and to repeal acts and parts of acts,” by amending sections 409 and 505 (MCL 555.809 and 555.905) and by adding section 606.
(Filed with the Secretary of State September 25, 2012, at 3:44 p.m.)
Date: September 25, 2012
Time: 2:49 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5237 (Public Act No. 303, I.E.), being
An act to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” by amending section 2723 (MCL 700.2723), as added by 2010 PA 224.
(Filed with the Secretary of State September 25, 2012, at 3:46 p.m.)
Date: September 25, 2012
Time: 2:51 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5592 (Public Act No. 304, I.E.), being
An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 4012 (MCL 600.4012), as amended by 1996 PA 10.
(Filed with the Secretary of State September 25, 2012, at 3:48 p.m.)
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
September 27, 2012
The Office of Regulatory Reinvention received the following emergency administrative rules, dated March 6, 2012, for the Department of Licensing and Regulatory Affairs: “Fireworks Safety Act.” We are transmitting these rules to you pursuant to the requirements of Sections 46 and 48 of Act No. 306 of the Public Acts of 1969, being MCL 24.246 and MCL 24.248, and paragraph 16 of Executive Order 1995-6.
September 10, 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 #2012-032-EQ (Secretary of State Filing #12-09-02) on this date at 4:19 P.M. for the Department of Environmental Quality, entitled “Underground Storage Tank Inspection and Delegation”.
This rules become effective 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.
September 13, 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 #2011-011-EQ (Secretary of State Filing #12-09-03) on this date at 4:30 P.M. for the Department of Environmental Quality, entitled “Great Lakes Bottomlands Preserves”.
This rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
September 13, 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 #2011-008-LR (Secretary of State Filing #12-09-04) on this date at 4:32 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Board of Marriage and Family Therapy – General Rules”.
This rules become effective 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.
Sincerely,
Ruth Johnson
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
Introduction of Bills
Rep. Meadows introduced
House Bill No. 5949, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1335 (MCL 600.1335), as amended by 2004 PA 12.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Pscholka, LeBlanc, Wayne Schmidt, Tyler and Poleski introduced
House Bill No. 5950, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2012 PA 114.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. MacGregor introduced
House Bill No. 5951, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 216.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Nesbitt introduced
House Bill No. 5952, entitled
A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 401c (MCL 484.1401c), as amended by 2012 PA 260.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Rep. Huuki introduced
House Bill No. 5953, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11502, 11503, 11504, 11505, 11542, 20101, 20114e, and 20126 (MCL 324.11502, 324.11503, 324.11504, 324.11505, 324.11542, 324.20101, 324.20114e, and 324.20126), sections 11502, 11503, and 11505 as amended by 2007 PA 212, section 11504 as amended by 1996 PA 359, section 11542 as amended by 2004 PA 325, section 20101 as amended by 2010 PA 229, section 20114e as amended by 2012 PA 109, and section 20126 as amended by 2010 PA 227, and by adding sections 11551 and 11552.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Rep. Brown introduced
House Bill No. 5954, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Rep. Bumstead introduced
House Bill No. 5955, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74101 (MCL 324.74101), as amended by 2010 PA 33, and by adding sections 74127, 74128, and 74129.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Rep. Bumstead introduced
House Bill No. 5956, entitled
A bill to amend 2004 PA 177, entitled “Michigan law enforcement officers memorial act,” by amending section 5 (MCL 28.785).
The bill was read a first time by its title and referred to the Committee on Government Operations.
Rep. Bumstead introduced
House Bill No. 5957, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 219 and 298b (MCL 18.1219 and 18.1298b), section 219 as amended by 2001 PA 61 and section 298b as amended by 1992 PA 132; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Rep. Bumstead introduced
House Bill No. 5958, entitled
A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending section 1702 (MCL 4.1702), as added by 1987 PA 123.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Rep. Pettalia introduced
House Bill No. 5959, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 9307 (MCL 324.9307), as amended by 2004 PA 439.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
Rep. Shirkey introduced
House Joint Resolution BBB, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 12 of article IV and by adding section 55 to article IV, to provide that the state officers compensation commission’s determination of certain salaries shall not exceed the increase in the consumer price index or the average increase in state employee pay and to reduce compensation of state legislators who are absent from legislative session or if the legislature does not present certain budget bills to the governor on or before a certain date and to set state-paid health care benefits for legislators.
The joint resolution was read a first time by its title and referred to the Committee on Government Operations.
Announcements by the Clerk
September 25, 2012
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit of the Administration of Act 51, P.A. 1951, as amended, Michigan Department of Transportation and Department of Treasury, September 2012.
September 26, 2012
Received from the Auditor General a copy of the following audit report and/or report summary:
Follow-up of the performance audit of Recreational Watercraft Access and Harbor Development Activities, Department of Natural Resources, September 2012.
Gary L. Randall
Clerk of the House
______
Rep. Irwin moved that the House adjourn.
The motion prevailed, the time being 7:25 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, October 17, at 10:00 a.m.
GARY L. RANDALL
Clerk of the House of Representatives
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