No. 83

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Friday, December 14, 2012.

12:01 a.m.

The House was called to order by the Speaker.

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

Agema—present 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—excused Greimel—present Lori—present Rutledge—present

Bolger—present Haines—present Lund—present Santana—present

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

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

Bumstead—present Haveman—present MacMaster—present Segal—present

Byrum—present Heise—present McBroom—present Shaughnessy—present

Callton—present Hobbs—present McCann—present Shirkey—present

Cavanagh—present Hooker—present McMillin—present Slavens—present

Clemente—present Horn—present Meadows—present Smiley—present

Constan—present Hovey-Wright—present Moss—present Somerville—present

Cotter—present Howze—present Muxlow—present Stallworth—present

Crawford—present Hughes—present Nathan—present Stamas—present

Daley—present Huuki—present Nesbitt—present Stanley—present

Damrow—present Irwin—present O’Brien—present Stapleton—present

Darany—present Jackson—present Oakes—present Switalski—present

Denby—present Jacobsen—present Olson—present Talabi—present

Dillon—present Jenkins—present Olumba—excused Tlaib—present

Durhal—present Johnson—present Opsommer—present Townsend—present

Farrington—present Kandrevas—present Ouimet—present Tyler—present

Forlini—present Knollenberg—present Outman—present Walsh—present

Foster—present Kowall—present Pettalia—present Womack—excused

Franz—present Kurtz—present Poleski—present Yonker—present

Geiss—present LaFontaine—present Potvin—present Zorn—present

Genetski—present Lane—present

e/d/s = entered during session

Rep. Kenneth L. Kurtz, from the 58th District, offered the following invocation:

“Father in Heaven, this is my prayer.

May our minds and our hearts be honest and pure.

May our thoughts and our words exemplify goodness and mercy.

May our attitudes and action show maturity and grace.

Many in this chamber have loved ones who wait for their return.

Keep them safe and give them rest.

Now give us the clarity of mind and understanding of heart to fulfill our blessed position as legislators in these early morning hours.

In the name of Jesus, I pray. Amen.”

______

Rep. Segal moved that Reps. Bledsoe, Olumba and Womack be excused from today’s session.

The motion prevailed.

______

The Speaker called Associate Speaker Pro Tempore O’Brien to the Chair.

Second Reading of Bills

Senate Bill No. 859, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1201a (MCL 500.1201a), as added by 2001 PA 228, and by adding chapter 29A.

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. 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. 859, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1201a (MCL 500.1201a), as added by 2001 PA 228, and by adding chapter 29A.

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

Roll Call No. 869 Yeas—107

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shaughnessy

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Genetski LaFontaine Potvin

Nays—0

In The Chair: O’Brien

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 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” by amending section 1202 (MCL 500.1202), as amended by 2002 PA 737.

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. 1112, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding section 12b.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Education,

The substitute (H-2) was 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. 1112, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding section 12b.

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

Roll Call No. 870 Yeas—106

Ananich Glardon LeBlanc Price

Barnett Goike Lindberg Pscholka

Bauer Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

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 Stallworth

Damrow Huuki Nathan Stamas

Darany Irwin Nesbitt Stanley

Denby Jackson O’Brien Stapleton

Dillon Jacobsen Oakes Switalski

Durhal Jenkins Olson Talabi

Farrington Johnson Opsommer Tlaib

Forlini Kandrevas Ouimet Townsend

Foster Knollenberg Outman Tyler

Franz Kowall Pettalia Walsh

Geiss Kurtz Poleski Yonker

Genetski LaFontaine Potvin Zorn

Gilbert Lane

Nays—1

Agema

In The Chair: O’Brien

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

“An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,”

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 1113, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1505.

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. 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. 1113, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1505.

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

Roll Call No. 871 Yeas—107

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shaughnessy

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Genetski LaFontaine Potvin

Nays—0

In The Chair: O’Brien

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

“An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 1114, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1505a.

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1114, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1505a.

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

Roll Call No. 872 Yeas—107

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shaughnessy

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Genetski LaFontaine Potvin

Nays—0

In The Chair: O’Brien

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

“An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 1337, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4q (MCL 205.54q), as amended by 2004 PA 173.

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1337, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4q (MCL 205.54q), as amended by 2004 PA 173.

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

Roll Call No. 873 Yeas—107

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shaughnessy

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Genetski LaFontaine Potvin

Nays—0

In The Chair: O’Brien

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

“An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”

The House agreed to the full title.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Haines moved that the Committee on Health Policy be discharged from further consideration of Senate Bill No. 1145.

(For first notice see House Journal No. 82, p. 2833.)

The question being on the motion made by Rep. Haines,

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

Senate Bill No. 1145, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17048 and 17548 (MCL 333.17048 and 333.17548), as amended by 2011 PA 210.

The bill was read a second time.

Rep. Haines 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.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Opsommer moved that the Committee on Transportation be discharged from further consideration of Senate Bill No. 756.

(For first notice see House Journal No. 82, p. 2833.)

The question being on the motion made by Rep. Opsommer,

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

Senate Bill No. 756, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 320a and 732 (MCL 257.320a and 257.732), as amended by 2011 PA 159, and by adding section 602c.

The bill was read a second time.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

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.

(The bill was received from the Senate on December 13, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 82, p. 2829.)

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

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

Roll Call No. 874 Yeas—107

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shaughnessy

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Genetski LaFontaine Potvin

Nays—0

In The Chair: O’Brien

The House agreed to the full title.

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

The Speaker laid before the House

House Bill No. 5422, entitled

A bill to amend 1982 PA 415, entitled “Correctional officers’ training act of 1982,” by amending section 12 (MCL 791.512), as amended by 2004 PA 583, and by adding section 15a.

(The bill was received from the Senate on December 13, 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. 82, p. 2828.)

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. 875 Yeas—107

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shaughnessy

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Genetski LaFontaine Potvin

Nays—0

In The Chair: O’Brien

The House agreed to the full title.

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

The Speaker laid before the House

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 2012 PA 114.

(The bill was received from the Senate on December 13, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 82, p. 2827.)

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. 876 Yeas—107

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shaughnessy

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Genetski LaFontaine Potvin

Nays—0

In The Chair: O’Brien

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. 5261, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2010 PA 75.

(The bill was received from the Senate on December 13, with substitute (S-3), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 82, p. 2828.)

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. 877 Yeas—107

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shaughnessy

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Genetski LaFontaine Potvin

Nays—0

In The Chair: O’Brien

The House agreed to the full title.

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

The Speaker laid before the House

House Bill No. 5817, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6a (MCL 205.56a), as amended by 2008 PA 556.

(The bill was received from the Senate on December 13, 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. 82, p. 2829.)

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. 878 Yeas—107

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shaughnessy

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Genetski LaFontaine Potvin

Nays—0

In The Chair: O’Brien

The House agreed to the full title.

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

The Speaker laid before the House

House Bill No. 6029, entitled

A bill to authorize the state administrative board to convey certain state-owned property in Grand Traverse, Otsego, and Schoolcraft counties and to accept and convey certain other property in Grand Traverse county; to prescribe conditions for the acceptance and the conveyances; to provide for certain powers and duties of certain state departments in regard to the properties; to provide for disposition of revenue derived from the conveyances; and to authorize the state administrative board to transfer certain state-owned property in Jackson county from the state transportation department to the department of corrections.

(The bill was received from the Senate on December 13, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 82, p. 2831.)

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. 879 Yeas—64

Agema Goike Lori Poleski

Bolger Graves Lund Potvin

Bumstead Haines Lyons Price

Callton Haveman MacGregor Pscholka

Cotter Heise MacMaster Rendon

Crawford Hooker McBroom Rogers

Daley Horn McMillin Schmidt, R.

Damrow Hughes Moss Schmidt, W.

Denby 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 Durhal Lane Segal

Barnett Geiss LeBlanc Slavens

Bauer Greimel Lindberg Smiley

Brown Hammel Lipton Stallworth

Brunner Haugh Liss Stanley

Byrum Hobbs McCann Stapleton

Cavanagh Hovey-Wright Meadows Switalski

Clemente Howze Nathan Talabi

Constan Irwin Oakes Tlaib

Darany Jackson Rutledge Townsend

Dillon Kandrevas Santana

In The Chair: O’Brien

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. 5711, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2803, 2804, 2834, 2848, 13807, 16221, 16226, 16299, 17015, 17515, 20115, and 22224 (MCL 333.2803, 333.2804, 333.2834, 333.2848, 333.13807, 333.16221, 333.16226, 333.16299, 333.17015, 333.17515, 333.20115, and 333.22224), sections 2803, 2834, and 2848 as amended by 2002 PA 562, section 2804 as amended by 1990 PA 149, section 13807 as added by 1990 PA 21, section 16221 as amended by 2011 PA 222, section 16226 as amended by 2011 PA 224, section 16299 as amended by 2002 PA 685, section 17015 as amended by 2006 PA 77, section 17515 as added by 1993 PA 133, and section 20115 as amended and section 22224 as added by 1999 PA 206, and by adding sections 2836, 2854, 17015a, 17017, 17019, 17517, and 17519.

(The bill was received from the Senate on December 12, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 13, see House Journal No. 81, p. 2698.)

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

Rep. Slavens moved to amend the Senate substitute (S-3) as follows:

1. Amend page 46, following line 7, by inserting:

“Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 96th Legislature are enacted into law:

(a) House Bill No. 4805.

(b) House Bill No. 4806.

(c) House Bill No. 4807.

(d) House Bill No. 4808.

(e) House Bill No. 4809.

(f) House Bill No. 4810.

(g) House Bill No. 4811.

(h) House Bill No. 4812.

(i) House Bill No. 4813.

(j) House Bill No. 4814.”.

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

Rep. Bauer moved to amend the Senate substitute (S-3) as follows:

1. Amend page 41, line 13, by striking out all of section 17017.

2. Amend page 42, line 17, by striking out all of section 17517.

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

Rep. Byrum moved to amend the Senate substitute (S-3) as follows:

1. Amend page 27, line 20, after “ABORT” by inserting “OR CONTINUE THE PREGNANCY”.

2. Amend page 28, line 24, after “ABORT” by inserting “OR CONTINUE THE PREGNANCY”.

3. Amend page 33, line 20, after “ABORTION” by inserting “OR CONTINUING THE PREGNANCY”.

4. Amend page 35, line 11, after “ABORT” by inserting “OR CONTINUE THE PREGNANCY”.

5. Amend page 36, line 24, after “ABORTION” by inserting “OR CONTINUE A PREGNANCY”.

6. Amend page 37, line 5, after “ABORT” by inserting “OR COERCION TO CONTINUE A PREGNANCY”.

7. Amend page 37, line 8, after “ABORT” by inserting “OR CONTINUE A PREGNANCY”.

8. Amend page 37, line 13, after “ABORT” by inserting “OR CONTINUE THE PREGNANCY”.

9. Amend page 37, line 16, after “ABORT” by inserting “OR CONTINUE THE PREGNANCY”.

10. Amend page 37, line 17, after “ABORT” by inserting “OR CONTINUE THE PREGNANCY”.

11. Amend page 37, line 22, after “ABORT” by inserting “OR CONTINUE THE PREGNANCY”.

12. Amend page 37, line 23, after “ABORT” by inserting “OR CONTINUE THE PREGNANCY”.

13. Amend page 40, line 9, after “ABORT” by inserting “OR CONTINUE THE PREGNANCY”.

14. Amend page 40, line 15, after “ABORT” by inserting “OR CONTINUE THE PREGNANCY”.

15. Amend page 40, line 19, after “ABORT” by inserting “OR CONTINUE THE PREGNANCY”.

16. Amend page 40, line 23, after “ABORT” by inserting “OR CONTINUE THE PREGNANCY”.

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

Rep. Byrum moved to amend the Senate substitute (S-3) as follows:

1. Amend page 23, following line 22, by inserting:

“SEC. 16278. (1) BEFORE PERFORMING A VASECTOMY, A PHYSICIAN SHALL MAKE A DETERMINATION THAT A MEDICAL EMERGENCY EXISTS OR THAT IT IS NECESSARY TO AVERT THE INDIVIDUAL’S DEATH.

(2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 15 YEARS OR A FINE OF NOT MORE THAN $7,500.00, OR BOTH.

(3) AS USED IN THIS SECTION, “MEDICAL EMERGENCY” MEANS A CONDITION THAT, ON THE BASIS OF A PHYSICIAN’S GOOD-FAITH CLINICAL JUDGMENT, SO COMPLICATES THE MEDICAL CONDITION OF AN INDIVIDUAL AS TO NECESSITATE AN IMMEDIATE VASECTOMY TO AVERT HIS DEATH OR NECESSITATES IMMEDIATE TREATMENT OF A PHYSICAL DISORDER, PHYSICAL ILLNESS, OR PHYSICAL INJURY IN A HOSPITAL OR OTHER EMERGENCY CARE FACILITY, NOT INCLUDING PSYCHOLOGICAL OR EMOTIONAL CONDITIONS. A MEDICAL EMERGENCY DOES NOT INCLUDE A CONDITION THAT IS BASED ON A CLAIM OR DIAGNOSIS THAT THE INDIVIDUAL WILL ENGAGE IN CONDUCT THAT HE INTENDS TO RESULT IN HIS DEATH.”.

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

Rep. Oakes moved to amend the Senate substitute (S-3) as follows:

1. Amend page 23, following line 22, by inserting:

“SEC. 16278A. (1) BEFORE PRESCRIBING MEDICATION FOR ERECTILE DYSFUNCTION, A PHYSICIAN SHALL PERFORM A DIGITAL RECTAL EXAMINATION AND A CARDIAC STRESS TEST.

(2) INFORMED CONSENT FOR THE PROCEDURES DESCRIBED IN SUBSECTION (1) SHALL BE GIVEN AT LEAST 24 HOURS BEFORE THOSE PROCEDURES ARE PERFORMED.”.

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

Rep. Tlaib moved to amend the Senate substitute (S-3) as follows:

1. Amend page 24, line 9, after “abortion” by inserting “OR A VASECTOMY”.

2. Amend page 24, line 11, after “ABORT” by inserting “OR TO HAVE A VASECTOMY”.

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

Rep. Segal moved to amend the Senate substitute (S-3) as follows:

1. Amend page 37, line 27, by striking out all of sub-subparagraphs (B) and (C) and relettering the remaining sub-subparagraphs.

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

Rep. Segal moved to amend the Senate substitute (S-3) as follows:

1. Amend page 45, following line 15, by inserting:

“SEC. 20116. (1) NOTWITHSTANDING ANY PROVISION OF THIS ACT TO THE CONTRARY, THIS SECTION APPLIES TO A HEALTH FACILITY OR AGENCY THAT ESTABLISHES OR OPERATES A SURGICAL ABORTION FACILITY ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION.

(2) AS USED IN THIS SECTION:

(A) “DEPARTMENT” MEANS THE DEPARTMENT OF COMMUNITY HEALTH.

(B) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, “HEALTH PROFESSIONAL” MEANS AN INDIVIDUAL WHO IS LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED UNDER ARTICLE 15 TO ENGAGE IN A HEALTH PROFESSION. HEALTH PROFESSIONAL DOES NOT INCLUDE A PHYSICIAN.

(C) “PHYSICIAN” MEANS AN INDIVIDUAL WHO IS LICENSED OR OTHERWISE AUTHORIZED UNDER ARTICLE 15 TO ENGAGE IN THE PRACTICE OF MEDICINE OR OSTEOPATHIC MEDICINE AND SURGERY IN THIS STATE.

(D) “REGULAR SERVICE” MEANS THAT SURGICAL ABORTION PROCEDURES ARE PERFORMED ON SITE ON A ROUTINE BASIS.

(E) “SURGICAL ABORTION FACILITY” OR “FACILITY” MEANS A FREESTANDING SURGICAL OUTPATIENT FACILITY THAT PROVIDES SURGICAL TERMINATION OF PREGNANCY AS A REGULAR SERVICE.

(3) A PERSON SHALL NOT ESTABLISH OR OPERATE A SURGICAL ABORTION FACILITY WITHOUT OBTAINING A LICENSE FROM THE DEPARTMENT. A LICENSE IS VALID FOR 3 YEARS FROM THE DATE OF ISSUANCE, UNLESS SUSPENDED OR REVOKED BY THE DEPARTMENT. A LICENSE ISSUED UNDER THIS SECTION IS NOT TRANSFERABLE.

(4) A PERSON DESIRING TO OPERATE A FACILITY SHALL DO ALL OF THE FOLLOWING:

(A) BE IN COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS.

(B) FILE AN APPLICATION AS REQUIRED AND PRESCRIBED BY THE DEPARTMENT.

(C) SUBMIT A WRITTEN DESCRIPTION OF ITS QUALITY ASSURANCE PROGRAM AS REQUIRED BY SUBSECTION (25).

(5) IN ADDITION TO MEETING ALL OF THE REQUIREMENTS OF SUBSECTIONS (4) AND (10), THE APPLICANT OR LICENSEE SHALL SUBMIT A NONREFUNDABLE FEE OF $1,500.00 WITH AN APPLICATION FOR AN INITIAL LICENSE AND FOR A LICENSE RENEWAL.

(6) BASED ON INFORMATION PROVIDED TO THE DEPARTMENT BY THE APPLICANT AND THE DEPARTMENT’S OWN INVESTIGATION, THE DEPARTMENT SHALL DO 1 OF THE FOLLOWING, AS APPLICABLE:

(A) APPROVE THE APPLICATION UNCONDITIONALLY.

(B) APPROVE THE APPLICATION CONDITIONALLY.

(C) DENY THE APPLICATION IF THE APPLICANT OR LICENSEE MEETS ANY OF THE FOLLOWING:

(i) HAS BEEN FOUND LIABLE FOR OR HAS BEEN CONVICTED OF ANY OF THE FOLLOWING:

(A) FRAUD OR A FELONY THAT RELATES TO MEDICAID OR MEDICARE.

(B) A CRIME INVOLVING MORAL TURPITUDE.

(ii) DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER.

(7) THE DEPARTMENT MAY DENY A LICENSE TO ANY OF THE FOLLOWING:

(A) A CORPORATE APPLICANT IF THE CORPORATE ENTITY HAS AN OWNER, DIRECTOR, OR OFFICER WHO MEETS ANY OF THE FOLLOWING:

(i) WHOSE CONDUCT CAUSED THE REVOCATION OF A PRIOR LICENSE.

(ii) WHO HELD THE SAME OR SIMILAR POSITION IN ANOTHER CORPORATE ENTITY WHICH HAD ITS LICENSE REVOKED.

(B) AN INDIVIDUAL APPLICANT WHO MEETS ANY OF THE FOLLOWING:

(i) WHOSE CONDUCT CAUSED THE REVOCATION OF A PRIOR LICENSE.

(ii) WHO HELD A POSITION AS OWNER, DIRECTOR, OR OFFICER IN A CORPORATE ENTITY WHICH HAD ITS LICENSE REVOKED.

(C) AN INDIVIDUAL OR CORPORATE APPLICANT THAT HAS CONSENTED TO SURRENDER A LICENSE AS A RESULT OF A LICENSE REVOCATION ACTION.

(8) THE DEPARTMENT SHALL ALSO CONSIDER THE FACTORS IDENTIFIED IN SUBSECTION (26) WHEN DECIDING WHETHER TO DENY A LICENSE.

(9) A PERSON AGGRIEVED BY A DECISION OF THE DEPARTMENT UNDER THIS SECTION MAY APPEAL THE DEPARTMENT’S ACTION BY FILING A REQUEST FOR A HEARING IN ACCORDANCE WITH SUBSECTION (27).

(10) AT LEAST 60 DAYS BEFORE A LICENSE EXPIRES, THE LICENSEE SHALL SUBMIT TO THE DEPARTMENT A RENEWAL APPLICATION AND THE FEE AS SPECIFIED IN SUBSECTION (5). THE DEPARTMENT SHALL RENEW THE LICENSE FOR AN ADDITIONAL 3-YEAR PERIOD FOR A LICENSEE THAT MEETS THE REQUIREMENTS OF THIS SECTION.

(11) A LICENSED FACILITY OR AN ENTITY PROPOSING TO OPERATE A FACILITY SHALL BE OPEN DURING NORMAL BUSINESS HOURS, OR ANY OTHER TIMES THAT THE FACILITY IS SERVING PATIENTS, FOR INSPECTION BY THE DEPARTMENT AND BY ANY OTHER AGENCY DESIGNATED BY THE DEPARTMENT TO VERIFY COMPLIANCE WITH THIS SECTION. THE DEPARTMENT SHALL INVESTIGATE A COMPLAINT CONCERNING PATIENT CARE AND SAFETY. IN RESPONSE TO A COMPLAINT, THE DEPARTMENT MAY REQUIRE THE FACILITY TO PERFORM AND SUBMIT ITS OWN INVESTIGATION AND, IN ITS DISCRETION, CONDUCT AN ON-SITE INVESTIGATION OF A COMPLAINT. IN ORDER TO DETERMINE WHETHER AN ON-SITE INVESTIGATION AS DESCRIBED IN THIS SUBSECTION IS APPROPRIATE, THE FACTORS THE DEPARTMENT SHALL CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, WHETHER THE COMPLAINANT HAS FIRSTHAND KNOWLEDGE OF THE ALLEGED INCIDENT; THE FACILITY’S REGULATORY HISTORY, INCLUDING THE NUMBER OF VERIFIED PRIOR COMPLAINTS; WHETHER THE DEPARTMENT HAS RECENTLY INSPECTED THE FACILITY, AND WHETHER THE INCIDENT WOULD HAVE BEEN OBSERVED DURING THE PRIOR REVIEW; AND THE NATURE OF THE COMPLAINT, INCLUDING DEGREE OF POTENTIAL SERIOUS HARM TO PATIENTS. IF THE COMPLAINT CONCERNS THE PERFORMANCE OF A PHYSICIAN, HEALTH PROFESSIONAL, OR STANDARDS OF PRACTICE, THE DEPARTMENT SHALL REFER THE COMPLAINT TO THE BOARD THAT LICENSES, CERTIFIES, OR OTHERWISE AUTHORIZES THE PHYSICIAN OR HEALTH PROFESSIONAL TO ENGAGE IN THAT HEALTH PROFESSION. THE DEPARTMENT SHALL COMPLY WITH THE REQUIREMENTS FOR MEDICAL REVIEW COMMITTEES AND SHALL KEEP PATIENT INFORMATION CONFIDENTIAL IN ACCORDANCE WITH STATE AND FEDERAL LAWS. IF THE DEPARTMENT DETERMINES THAT A FACILITY FAILS TO MEET ANY PROVISION OF THIS SECTION, THE DEPARTMENT SHALL ADVISE THE FACILITY OF THE EXACT NATURE OF THE VIOLATION AND REQUIRE THAT THE FACILITY SPECIFY WHAT CORRECTIVE ACTION IT IS TAKING AND MONITOR THE FACILITY TO ENSURE THAT IT TAKES CORRECTIVE ACTION. THE FACILITY SHALL MAKE ITS RECORDS AND REPORTS AVAILABLE TO THE DEPARTMENT ON SITE AT THE FACILITY DURING AN INSPECTION.

(12) EACH FACILITY SHALL HAVE AN ADMINISTRATOR, WHO IS RESPONSIBLE FOR THE DAILY OPERATION OF THE FACILITY, INCLUDING, BUT NOT LIMITED TO, CONSULTING WITH THE STAFF TO DEVELOP AND IMPLEMENT THE FACILITY’S POLICIES AND PROCEDURES REQUIRED UNDER SUBSECTION (14); ORGANIZING AND COORDINATING THE ADMINISTRATIVE FUNCTIONS OF THE FACILITY; COORDINATING THE PROVISION OF SERVICES THAT THE FACILITY PROVIDES; TRAINING THE STAFF ON THE FACILITY’S POLICIES AND PROCEDURES AND APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS; AND ENSURING THAT ALL PERSONNEL RECEIVE ORIENTATION AND HAVE EXPERIENCE SUFFICIENT TO DEMONSTRATE COMPETENCY TO PERFORM ASSIGNED PATIENT CARE DUTIES, INCLUDING PROPER INFECTION CONTROL PRACTICE; ARE LICENSED OR CERTIFIED BY AN APPROPRIATE OCCUPATIONAL LICENSING BOARD TO PRACTICE IN THIS STATE, IF REQUIRED BY LAW; AND PERFORM OR DELEGATE DUTIES AND RESPONSIBILITIES IN ACCORDANCE WITH STATE STANDARDS OF PRACTICE. THE ADMINISTRATOR SHALL ENSURE THAT THE FACILITY’S POLICIES AND PROCEDURES AS DESCRIBED IN SUBSECTION (14) ARE REVIEWED BY STAFF AT LEAST ANNUALLY AND ARE REVISED AS NECESSARY AND ARE AVAILABLE AT ALL TIMES FOR STAFF INSPECTION AND REFERENCE AND THAT ALL APPROPRIATE PERSONNEL IMPLEMENT ALL POLICIES AND PROCEDURES AS ADOPTED.

(13) THE SURGICAL ABORTION FACILITY SHALL HAVE A MEDICAL DIRECTOR WHO IS RESPONSIBLE FOR THE OVERALL MEDICAL CARE THAT IS PROVIDED BY THE FACILITY AND WHO ADVISES AND CONSULTS WITH THE STAFF OF THE FACILITY ON ALL MEDICAL ISSUES RELATING TO SERVICES PROVIDED BY THE FACILITY. THE MEDICAL DIRECTOR SHALL BE A PHYSICIAN LICENSED UNDER ARTICLE 15 TO PRACTICE IN THIS STATE.

(14) THE FACILITY SHALL HAVE POLICIES AND PROCEDURES CONCERNING ALL OF THE FOLLOWING:

(A) THE SCOPE AND DELIVERY OF SERVICES PROVIDED BY THE FACILITY EITHER DIRECTLY OR THROUGH CONTRACTUAL ARRANGEMENTS.

(B) PERSONNEL PRACTICES, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

(i) PROCEDURES FOR THE ACCOUNTABILITY OF PERSONNEL INVOLVED IN PATIENT CARE.

(ii) JOB DESCRIPTIONS ON FILE FOR ALL PERSONNEL.

(iii) PROCEDURES TO ENSURE THAT PERSONNEL ARE FREE FROM COMMUNICABLE DISEASES.

(C) POSTOPERATIVE RECOVERY, IF APPLICABLE.

(D) THE TRANSFER OR REFERRAL OF PATIENTS WHO REQUIRE SERVICES THAT ARE NOT PROVIDED BY THE FACILITY.

(E) INFECTION CONTROL FOR PATIENTS AND STAFF.

(F) PERTINENT SAFETY PRACTICES, INCLUDING THE CONTROL OF FIRE AND MECHANICAL HAZARDS.

(G) PREVENTIVE MAINTENANCE FOR EQUIPMENT TO ENSURE PROPER OPERATION AND SAFETY.

(H) THE SERVICES AND PROCEDURES SPECIFIED IN SUBSECTIONS (15) TO (20).

(15) A FACILITY SHALL ENSURE THAT ALL PHYSICIANS AND OTHER HEALTH PROFESSIONALS WHO ARE EMPLOYEES OR CONTRACTUAL STAFF HAVE BEEN APPROPRIATELY TRAINED AND LICENSED OR CERTIFIED UNDER STATE LAW. A PHYSICIAN PERFORMING SURGERY IN A FACILITY SHALL POSSESS ADEQUATE QUALIFICATIONS ACQUIRED BY SPECIAL TRAINING AND EXPERIENCE TO EVALUATE THE MEDICAL, PODIATRIC, OR DENTAL CONDITIONS AND POTENTIAL RISKS, RECOGNIZE AND ADEQUATELY TREAT EMERGENCY COMPLICATIONS ENCOUNTERED IN ANY PROCEDURE UNDERTAKEN, AND PERFORM THE PROCEDURE IN ACCORDANCE WITH THE USUAL STANDARDS OF MEDICAL, PODIATRIC, OR DENTAL PRACTICE. THE FACILITY SHALL MAINTAIN A RECORD OF THE EDUCATIONAL TRAINING AND EXPERIENCE BACKGROUND OF EACH PERSON GRANTED PRIVILEGES TO PERFORM SURGERY IN A FACILITY. THE ADMINISTRATOR SHALL ESTABLISH A PROCEDURE FOR THE BIENNIAL REAPPOINTMENT OF A PHYSICIAN THAT INCLUDES AN UPDATE OF THE INFORMATION REQUIRED IN THIS SUBSECTION; AN ASSESSMENT OF THE PHYSICIAN’S PERFORMANCE PATTERN BASED ON AN ANALYSIS OF COMPLAINTS FILED WITH THE FACILITY, MALPRACTICE CLAIMS FILED, UTILIZATION, QUALITY, AND RISK DATA, AND ADHERENCE TO POLICIES, BYLAWS, AND PROCEDURES; AND PHYSICIAN PRACTICE PATTERNS AS REVIEWED THROUGH THE FACILITY’S QUALITY ASSURANCE PROGRAM. THE FACILITY, FOR ALL LICENSED OR CERTIFIED HEALTH PROFESSIONALS WHO ARE EMPLOYED BY THE FACILITY, SHALL COLLECT, REVIEW, AND VERIFY EVIDENCE OF A CURRENT LICENSE OR CERTIFICATE TO PRACTICE IN THIS STATE AND MALPRACTICE INSURANCE, IF REQUIRED BY THE FACILITY. THE ADMINISTRATOR SHALL APPROVE THE DELINEATION OF SERVICES TO BE PROVIDED BY THE HEALTH PROFESSIONAL. WHEN A LICENSED PHYSICIAN USES A HEALTH PROFESSIONAL TO PROVIDE SERVICES AT THE FACILITY AND THAT PERSON IS NOT EMPLOYED BY THE FACILITY, THE LICENSED PHYSICIAN WHO EMPLOYS THE HEALTH PROFESSIONAL IS RESPONSIBLE FOR VERIFYING THE INFORMATION REQUIRED UNDER THIS SUBSECTION.

(16) SURGICAL ABORTION PROCEDURES SHALL BE PERFORMED IN A SAFE MANNER BY A PHYSICIAN CREDENTIALED BY THE FACILITY UNDER SUBSECTION (15). AN ADMINISTRATOR, IN CONSULTATION WITH THE MEDICAL DIRECTOR, SHALL DEVELOP AND IMPLEMENT POLICIES, PROCEDURES, AND PROTOCOLS FOR THE PROVISION OF SURGICAL ABORTION SERVICES, INCLUDING, BUT NOT LIMITED TO, PERSONNEL; PREOPERATIVE TESTING AND EXAMINATIONS; SURGICAL PROCEDURES; POSTANESTHESIA CARE AND OBSERVATION; DISCHARGE PLANNING; EMERGENCY SERVICES; INFORMED CONSENT; AND SAFETY. THE ADMINISTRATOR SHALL ENSURE THAT THE POLICIES, PROCEDURES, AND PROTOCOLS REFERENCED IN THIS SUBSECTION ARE AVAILABLE ON SITE AT ALL TIMES FOR REFERENCE AND ARE REVIEWED ANNUALLY AND REVISED AS NECESSARY. BEFORE CONDUCTING A SURGICAL PROCEDURE, A PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL SHALL CONDUCT A HISTORY AND PATIENT EVALUATION. IF THE PATIENT ASSESSMENT AND EVALUATION IS PERFORMED BEFORE THE DAY OF SURGERY, ON THE DAY OF SURGERY A PHYSICIAN OR QUALIFIED HEALTH PROFESSIONAL SHALL REASSESS AND DOCUMENT ON THE PATIENT’S MEDICAL RECORD ANY CHANGE IN THE PATIENT’S CLINICAL STATUS THAT COULD HAVE AN EFFECT ON THE SURGICAL PROCEDURE TO BE PERFORMED AND THE ANESTHESIA TO BE USED. BEFORE DISCHARGE FROM THE FACILITY, THE PATIENT SHALL BE EVALUATED BY A PHYSICIAN OR AN APPROPRIATELY TRAINED HEALTH PROFESSIONAL. THIS EVALUATION SHALL BE DOCUMENTED IN THE PATIENT’S RECORD.

(17) ANESTHETICS SHALL BE ADMINISTERED BY AN ANESTHETIST AS DEFINED UNDER R 325.3801. GENERAL ANESTHETICS SHALL BE ADMINISTERED ONLY BY A QUALIFIED ANESTHESIOLOGIST, A PHYSICIAN QUALIFIED TO ADMINISTER ANESTHESIA, OR A CERTIFIED REGISTERED NURSE ANESTHETIST.

(18) LICENSED PERSONNEL EMPLOYED BY THE FACILITY SHALL HAVE CERTIFICATION IN BASIC LIFE SUPPORT. A LICENSED STAFF INDIVIDUAL TRAINED IN BASIC LIFE SUPPORT SHALL BE ON DUTY WHENEVER THERE IS A PATIENT IN THE FACILITY. THE FACILITY SHALL HAVE A NURSE AVAILABLE ON SITE FOR EMERGENCY TREATMENT WHENEVER THERE IS A POSTOPERATIVE SURGICAL ABORTION PATIENT IN THE FACILITY AND AT LEAST 1 PHYSICIAN AVAILABLE BY TELEPHONE 24 HOURS A DAY TO RESPOND TO EMERGENCY SITUATIONS. WHEN SEDATION OR GENERAL ANESTHESIA IS ADMINISTERED, THE FACILITY SHALL HAVE AT LEAST OXYGEN; MECHANICAL VENTILATORY ASSISTANCE INCLUDING AIRWAYS AND MANUAL BREATHING BAG; AUTOMATED EXTERNAL DEFIBRILLATOR; EQUIPMENT TO MONITOR BLOOD PRESSURE, PULSE, AND OXYGEN LEVELS; SUCTION EQUIPMENT; AND EMERGENCY MEDICAL EQUIPMENT AND SUPPLIES SPECIFIED BY THE MEDICAL STAFF AVAILABLE TO THE PROCEDURE ROOMS. WHEN GENERAL ANESTHESIA IS ADMINISTERED, A FACILITY SHALL HAVE LARYNGOSCOPES, ENDOTRACHEAL TUBES, AND CARDIAC MONITORING EQUIPMENT AVAILABLE IN THE PROCEDURE ROOM.

(19) THE SURGICAL ABORTION FACILITY SHALL HAVE AN EFFECTIVE PROCEDURE FOR THE TRANSFER OF PATIENTS TO A NEARBY HOSPITAL WHEN CARE BEYOND THE CAPABILITIES OF THE FACILITY IS REQUIRED. PROCEDURES FOR EMERGENCY TRANSFER TO A HOSPITAL SHALL INCLUDE, AT A MINIMUM, ALL OF THE FOLLOWING:

(A) WRITTEN PROTOCOLS AND PROCEDURES RELATED TO EMERGENCY TRANSFER PROCEDURES.

(B) A MECHANISM FOR NOTIFYING THE HOSPITAL OF A PENDING EMERGENCY CASE.

(C) A MECHANISM FOR ARRANGING APPROPRIATE TRANSPORTATION TO THE HOSPITAL.

(D) PROTOCOLS FOR TRANSMITTING A COPY OF THE PATIENT’S MEDICAL RECORD TO THE HOSPITAL.

(E) APPROPRIATE TRAINING FOR STAFF IN THE FACILITY’S WRITTEN PROTOCOLS AND PROCEDURES.

(20) THE SURGICAL ABORTION FACILITY SHALL DO ALL OF THE FOLLOWING:

(A) PROVIDE DRUGS UNDER THE DIRECTION OF AN AUTHORIZED PRESCRIBER.

(B) DEVELOP AND IMPLEMENT POLICIES AND PROCEDURES FOR PHARMACY SERVICES IN ACCORDANCE WITH ACCEPTED PROFESSIONAL PRACTICE.

(C) STAFF SHALL PREPARE AND ADMINISTER DRUGS ACCORDING TO ESTABLISHED POLICIES AND ACCEPTABLE STANDARDS OF PRACTICE.

(D) STAFF SHALL REPORT ADVERSE DRUG REACTIONS TO THE LICENSEE’S MEDICAL DIRECTOR OR PHYSICIAN.

(E) ORDERS GIVEN ORALLY FOR DRUGS SHALL BE FOLLOWED BY A WRITTEN ORDER WHICH IS SIGNED BY THE AUTHORIZED PRESCRIBER.

(21) THE ADMINISTRATOR SHALL DEVELOP AND IMPLEMENT POLICIES AND PROCEDURES FOR OBTAINING ROUTINE AND EMERGENCY LABORATORY AND RADIOLOGICAL SERVICES TO MEET THE NEEDS OF THE PATIENT. THE POLICIES AND PROCEDURES SHALL INCLUDE TURNAROUND TIME, REVIEW OF LABORATORY REPORTS, AND DOCUMENTATION OF LABORATORY RESULTS. LABORATORY FACILITIES SHALL BE APPROVED UNDER THE FEDERAL CLINICAL LABORATORY IMPROVEMENT ACT AND LICENSED UNDER THE LAWS OF THIS STATE. THE FACILITY SHALL INCLUDE IN THE PATIENT’S MEDICAL RECORDS ALL LABORATORY REPORTS AND RADIOLOGICAL FINDINGS.

(22) THE FACILITY SHALL MAINTAIN A COMPLETE, COMPREHENSIVE, AND ACCURATE MEDICAL RECORD FOR A PATIENT. A PATIENT’S MEDICAL RECORD SHALL INCLUDE A PATIENT IDENTIFIER, SIGNIFICANT MEDICAL HISTORY, RESULTS OF A PATIENT EVALUATION, DOCUMENTATION OF CARE OR SERVICES PROVIDED, EVIDENCE OF CONSENT, AND DISCHARGE DIAGNOSIS. WITH THE PATIENT’S CONSENT OR TO THE EXTENT THAT INFORMATION IN A RECORD IS NECESSARY FOR A PATIENT’S CARE IN AN EMERGENCY TRANSFER, THE FACILITY SHALL DO ALL OF THE FOLLOWING:

(A) SEND A COPY OF THE MEDICAL RECORD WITH THE PATIENT ON REFERRAL TO ANOTHER PHYSICIAN OR OTHER LICENSED HEALTH PROFESSIONAL OR TRANSFER TO A HOSPITAL.

(B) IF APPROPRIATE, AND WITH THE PATIENT’S CONSENT, USE THE MEDICAL RECORD WHEN INSTRUCTING THE PATIENT AND THE FAMILY.

(23) THE ADMINISTRATOR SHALL ENSURE THAT THE FACILITY DEVELOPS AND IMPLEMENTS WRITTEN POLICIES AND PROCEDURES CONCERNING PATIENTS’ RIGHTS AND RESPONSIBILITIES, INCLUDING, BUT NOT LIMITED TO, ALL OF THE FOLLOWING:

(A) THE OPPORTUNITY FOR PATIENTS TO PARTICIPATE IN PLANNING THEIR MEDICAL TREATMENT.

(B) CONFIDENTIALITY OF MEDICAL RECORDS AND THE RIGHT TO APPROVE OR REFUSE RELEASE OF RECORDS TO ANY INDIVIDUAL OUTSIDE THE FACILITY, EXCEPT AS PROVIDED BY FEDERAL OR STATE LAW.

(24) THE ADMINISTRATOR SHALL ENSURE THAT THE FACILITY HAS A SAFE, FUNCTIONAL, AND SANITARY ENVIRONMENT FOR THE PROVISION OF SURGICAL SERVICES. A PROCEDURE ROOM SHALL BE DESIGNED AND EQUIPPED TO ENSURE THAT SURGICAL ABORTION PROCEDURES CONDUCTED CAN BE PERFORMED IN A MANNER THAT ENSURES THE SAFETY OF ALL INDIVIDUALS IN THE AREA. THE FACILITY SHALL HAVE A SEPARATE RECOVERY ROOM AND WAITING AREA. THE FACILITY SHALL MEET THE REQUIREMENTS FOR HANDLING, TREATMENT, AND DISPOSAL OF SPECIAL MEDICAL WASTES UNDER THE LAWS OF THIS STATE.

(25) THE ADMINISTRATOR SHALL ENSURE THAT THE FACILITY DEVELOPS AND MAINTAINS A QUALITY ASSURANCE PROGRAM THAT INCLUDES THE MONITORING AND EVALUATION OF THE QUALITY OF PATIENT CARE AND THE IDENTIFICATION, EVALUATION, AND RESOLUTION OF CARE PROBLEMS. THE FACILITY SHALL CONDUCT ONGOING QUALITY ASSURANCE ACTIVITIES AND DOCUMENT THE ACTIVITIES ON A CONTINUOUS BASIS, BUT NOT LESS THAN QUARTERLY. THE ADMINISTRATOR SHALL ENSURE THAT THE FACILITY DEVELOPS A QUALITY CONTROL PROCEDURE TO MONITOR AND DOCUMENT THE SAFETY AND PERFORMANCE OF ALL BIOMEDICAL EQUIPMENT. THE FACILITY SHALL DOCUMENT THE FOLLOWING INFORMATION FOR ALL QUALITY ASSURANCE ACTIVITIES:

(A) A DESCRIPTION OF IDENTIFIED PROBLEMS.

(B) FINDING.

(C) CONCLUSIONS.

(D) RECOMMENDATIONS.

(E) ACTIONS TAKEN.

(F) RESULTS.

(G) FOLLOW-UP.

(26) THE DEPARTMENT MAY IMMEDIATELY SUSPEND A LICENSE ON A FINDING THAT THE PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRES EMERGENCY ACTION. THE DEPARTMENT SHALL DELIVER A WRITTEN NOTICE TO THE LICENSEE INFORMING THE LICENSEE OF THE EMERGENCY SUSPENSION, GIVING THE REASONS FOR THE ACTION AND THE REGULATION OR REGULATIONS WITH WHICH THE LICENSEE HAS FAILED TO COMPLY THAT FORM THE BASIS FOR THE EMERGENCY SUSPENSION, AND NOTIFYING THE LICENSEE OF THE LICENSEE’S RIGHT TO REQUEST A HEARING AND TO BE REPRESENTED BY COUNSEL. THE FILING OF A HEARING REQUEST DOES NOT STAY THE EMERGENCY ACTION. WHEN A LICENSE IS SUSPENDED, THE LICENSEE SHALL IMMEDIATELY RETURN THE LICENSE TO THE DEPARTMENT AND STOP PROVIDING SURGICAL ABORTION PROCEDURES IMMEDIATELY. A PERSON AGGRIEVED BY THE ACTION OF THE DEPARTMENT UNDER THIS SECTION MAY APPEAL THE DEPARTMENT’S ACTION BY FILING A REQUEST FOR A HEARING IN ACCORDANCE SUBSECTION (29). THE DEPARTMENT SHALL CONDUCT A HEARING AS PROVIDED UNDER SUBSECTION (29) AND ISSUE A PROPOSED DECISION WITHIN 10 BUSINESS DAYS OF THE CLOSE OF THE HEARING RECORD. EXCEPTIONS MAY BE FILED BY AN AGGRIEVED PERSON. THE DEPARTMENT SHALL MAKE A FINAL DECISION. IF THE DEPARTMENT’S FINAL DECISION DOES NOT UPHOLD THE EMERGENCY SUSPENSION, THE LICENSEE MAY RESUME OPERATION.

(27) THE DEPARTMENT, FOR CAUSE SHOWN, SHALL NOTIFY THE LICENSEE OF THE DEPARTMENT’S DECISION TO REVOKE THE FACILITY’S LICENSE. THE REVOCATION SHALL BE STAYED IF A HEARING IS REQUESTED. THE DEPARTMENT MAY REVOKE A LICENSE IF THE LICENSEE HAS BEEN CONVICTED OF FRAUD, A FELONY THAT RELATES TO MEDICAID OR MEDICARE, OR A CRIME INVOLVING MORAL TURPITUDE OR DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS SECTION. THE DEPARTMENT SHALL CONSIDER THE FACTORS IDENTIFIED IN SUBSECTION (28) WHEN DECIDING WHETHER TO REVOKE A LICENSE. THE DEPARTMENT SHALL NOTIFY THE LICENSEE IN WRITING OF THE EFFECTIVE DATE OF THE REVOCATION; OF THE REASON FOR THE REVOCATION; OF THE REGULATIONS WITH WHICH THE LICENSEE HAS FAILED TO COMPLY THAT FORM THE BASIS FOR THE REVOCATION; THAT THE LICENSEE IS ENTITLED TO A HEARING, IF REQUESTED, AND TO BE REPRESENTED BY COUNSEL; THAT THE FACILITY SHALL STOP PROVIDING SURGICAL ABORTION SERVICES ON THE EFFECTIVE DATE OF THE REVOCATION IF THE LICENSEE DOES NOT REQUEST A HEARING; THAT THE REVOCATION SHALL BE STAYED IF A HEARING IS REQUESTED; AND THAT THE LICENSEE IS REQUIRED TO SURRENDER THE LICENSE TO THE DEPARTMENT IF THE REVOCATION IS UPHELD. A PERSON AGGRIEVED BY THE ACTION OF THE DEPARTMENT UNDER THIS SECTION MAY APPEAL THE DEPARTMENT’S ACTION BY FILING A REQUEST FOR A HEARING IN ACCORDANCE WITH SUBSECTION (29).

(28) THE DEPARTMENT MAY IMPOSE AN ADMINISTRATIVE PENALTY OF UP TO $1,000.00 FOR A VIOLATION OF THIS SECTION. WHEN CONSIDERING WHETHER TO IMPOSE AN ADMINISTRATIVE FINE AND THE AMOUNT OF THE PENALTY, THE DEPARTMENT SHALL CONSIDER THE NUMBER, NATURE, AND SERIOUSNESS OF THE VIOLATION OR VIOLATIONS; THE EXTENT TO WHICH THE VIOLATION OR VIOLATIONS ARE PART OF AN ONGOING PATTERN DURING THE PRECEDING 24 MONTHS; THE DEGREE OF RISK, CAUSED BY THE VIOLATION OR VIOLATIONS, TO THE HEALTH, LIFE, OR SAFETY OF THE PATIENTS OF THE FACILITY; THE EFFORTS MADE BY, AND THE ABILITY OF, THE LICENSEE TO CORRECT THE VIOLATION OR VIOLATIONS IN A TIMELY MANNER; AND ANY OTHER FACTORS AS JUSTICE MAY REQUIRE. A PERSON AGGRIEVED BY THE ACTION OF THE DEPARTMENT MAY APPEAL THE DEPARTMENT’S ACTION BY FILING A REQUEST FOR A HEARING IN ACCORDANCE WITH SUBSECTION (29).

(29) A REQUEST FOR A HEARING SHALL BE FILED WITH THE DEPARTMENT NOT LATER THAN 30 DAYS AFTER RECEIPT OF NOTICE OF THE DEPARTMENT’S ACTION. THE REQUEST SHALL INCLUDE A COPY OF THE DEPARTMENT’S ACTION.”.

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

Rep. Stamas moved to amend the Senate substitute (S-3) as follows:

1. Amend page 46, following line 7, by striking out all of enacting section 2.

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

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

The substitute (S-3), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 880 Yeas—72

Agema Gilbert LaFontaine Pettalia

Bolger Glardon LeBlanc Poleski

Brunner Goike Liss Potvin

Bumstead Graves Lori Price

Callton Haines Lund Pscholka

Clemente Haveman Lyons Rendon

Constan Heise MacGregor Rogers

Cotter Hooker MacMaster Santana

Crawford Horn McBroom Schmidt, R.

Daley Hughes McMillin Schmidt, W.

Damrow Huuki Moss Shaughnessy

Darany Jackson Muxlow Shirkey

Denby Jacobsen Nesbitt Somerville

Farrington Jenkins O’Brien Stamas

Forlini Johnson Olson Tyler

Foster Knollenberg Opsommer Walsh

Franz Kowall Ouimet Yonker

Genetski Kurtz Outman Zorn

Nays—35

Ananich Greimel Lindberg Smiley

Barnett Hammel Lipton Stallworth

Bauer Haugh McCann Stanley

Brown Hobbs Meadows Stapleton

Byrum Hovey-Wright Nathan Switalski

Cavanagh Howze Oakes Talabi

Dillon Irwin Rutledge Tlaib

Durhal Kandrevas Segal Townsend

Geiss Lane Slavens

In The Chair: O’Brien

The House agreed to the title as amended.

Third Reading of Bills

Rep. Stamas moved that Senate Bill No. 1145 be placed on its immediate passage.

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

Senate Bill No. 1145, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17048 and 17548 (MCL 333.17048 and 333.17548), as amended by 2011 PA 210.

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

Roll Call No. 881 Yeas—107

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shaughnessy

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Genetski LaFontaine Potvin

Nays—0

In The Chair: O’Brien

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.

______

Associate Speaker Pro Tempore O’Brien called Associate Speaker Pro Tempore Opsommer to the Chair.

Rep. Stamas moved that Senate Bill No. 756 be placed on its immediate passage.

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

Senate Bill No. 756, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 320a and 732 (MCL 257.320a and 257.732), as amended by 2011 PA 159, and by adding section 602c.

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

Roll Call No. 882 Yeas—74

Ananich Glardon LaFontaine Outman

Barnett Graves Lane Price

Bauer Greimel LeBlanc Rendon

Brown Hammel Lindberg Rogers

Brunner Haugh Lipton Rutledge

Byrum Haveman Liss Santana

Cavanagh Heise Lori Schmidt, W.

Clemente Hobbs MacMaster Segal

Constan Horn McCann Shaughnessy

Crawford Hovey-Wright Meadows Slavens

Daley Howze Moss Smiley

Damrow Hughes Muxlow Stallworth

Darany Irwin Nathan Stanley

Denby Jackson O’Brien Talabi

Dillon Jacobsen Oakes Townsend

Durhal Jenkins Olson Walsh

Foster Johnson Opsommer Yonker

Geiss Kandrevas Ouimet Zorn

Gilbert Knollenberg

Nays—33

Agema Goike MacGregor Schmidt, R.

Bolger Haines McBroom Shirkey

Bumstead Hooker McMillin Somerville

Callton Huuki Nesbitt Stamas

Cotter Kowall Pettalia Stapleton

Farrington Kurtz Poleski Switalski

Forlini Lund Potvin Tlaib

Franz Lyons Pscholka Tyler

Genetski

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 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,”

The House agreed to the full title.

Senate Bill No. 334, entitled

A bill to amend 1961 PA 120, entitled “An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; to provide for the creation, operation, and dissolution of business improvement zones; and to authorize the collection of revenue and the bonding of certain local governmental units for the development or redevelopment projects,” by amending sections 10, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i, 10j, 10k, 10l, and 10m (MCL 125.990, 125.990a, 125.990b, 125.990c, 125.990d, 125.990e, 125.990f, 125.990g, 125.990h, 125.990i, 125.990j, 125.990k, 125.990l, and 125.990m), as added by 2001 PA 260.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

Senate Bill No. 265, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 252.

(The bill was received from the Senate on December 13, with amendments to the House substitute (H-8) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 82, p. 2832.)

The question being on concurring in the amendments to the House substitute (H-8) 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. 883 Yeas—79

Agema Goike Lindberg Price

Ananich Graves Lipton Pscholka

Bolger Greimel Lori Rendon

Brunner Hammel Lund Rogers

Callton Haugh Lyons Schmidt, R.

Cavanagh Haveman MacGregor Schmidt, W.

Clemente Heise MacMaster Shaughnessy

Cotter Hobbs McBroom Shirkey

Crawford Hooker McCann Somerville

Daley Horn McMillin Stallworth

Damrow Howze Muxlow Stamas

Denby Hughes Nathan Stanley

Dillon Huuki Nesbitt Switalski

Farrington Irwin O’Brien Talabi

Forlini Jenkins Oakes Townsend

Foster Johnson Olson Tyler

Franz Kowall Opsommer Walsh

Genetski Kurtz Ouimet Yonker

Gilbert LaFontaine Poleski Zorn

Glardon Lane Potvin

Nays—28

Barnett Durhal Knollenberg Rutledge

Bauer Geiss LeBlanc Santana

Brown Haines Liss Segal

Bumstead Hovey-Wright Meadows Slavens

Byrum Jackson Moss Smiley

Constan Jacobsen Outman Stapleton

Darany Kandrevas Pettalia Tlaib

In The Chair: Opsommer

Second Reading of Bills

Senate Bill No. 810, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 4, 381, 642, and 642a (MCL 168.4, 168.381, 168.642, and 168.642a), section 4 as amended by 2010 PA 181, section 381 as amended by 2012 PA 276, and sections 642 and 642a as amended by 2011 PA 233; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Lund 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. Hammel moved to amend the bill as follows:

1. Amend page 16, line 4, after “member” by inserting a comma and “METROPOLITAN DISTRICT OFFICER,”.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 810, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 4, 381, 642, and 642a (MCL 168.4, 168.381, 168.642, and 168.642a), section 4 as amended by 2010 PA 181, section 381 as amended by 2012 PA 276, and sections 642 and 642a as amended by 2011 PA 233; and to repeal acts and parts of acts.

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

Roll Call No. 884 Yeas—71

Agema Goike Liss Poleski

Bolger Graves Lori Potvin

Bumstead Greimel Lund Price

Callton Haines Lyons Pscholka

Clemente Haveman MacGregor Rendon

Cotter Heise MacMaster Rogers

Crawford Hooker McBroom Schmidt, R.

Daley Horn McCann Schmidt, W.

Damrow Hughes McMillin Shaughnessy

Denby Huuki Moss Shirkey

Dillon Jacobsen Muxlow Smiley

Farrington Jenkins Nesbitt Somerville

Forlini Johnson O’Brien Stamas

Foster Knollenberg Olson Tyler

Franz Kowall Opsommer Walsh

Genetski Kurtz Ouimet Yonker

Gilbert LaFontaine Outman Zorn

Glardon LeBlanc Pettalia

Nays—36

Ananich Durhal Kandrevas Segal

Barnett Geiss Lane Slavens

Bauer Hammel Lindberg Stallworth

Brown Haugh Lipton Stanley

Brunner Hobbs Meadows Stapleton

Byrum Hovey-Wright Nathan Switalski

Cavanagh Howze Oakes Talabi

Constan Irwin Rutledge Tlaib

Darany Jackson Santana Townsend

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 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 4, 381, 523, 642, 642a, 699, 759, 759a, 761, 813, and 829 (MCL 168.4, 168.381, 168.523, 168.642, 168.642a, 168.699, 168.759, 168.759a, 168.761, 168.813, and 168.829), section 4 as amended by 2010 PA 181, section 381 as amended by 2012 PA 276, sections 523, 699, and 761 as amended by 2005 PA 71, sections 642 and 642a as amended by 2011 PA 233, section 759 as amended by 1995 PA 261, section 759a as amended by 2012 PA 279, and sections 813 and 829 as added by 2004 PA 92, and by adding sections 38 and 497c; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Second Reading of Bills

Senate Bill No. 811, entitled

A bill to amend 1895 PA 3, entitled “The general law village act,” by amending sections 4 and 5 of chapter II and section 3 of chapter V (MCL 62.4, 62.5, and 65.3), section 4 of chapter II and section 3 of chapter V as amended by 2003 PA 305 and section 5 of chapter II as amended by 2004 PA 300.

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 811, entitled

A bill to amend 1895 PA 3, entitled “The general law village act,” by amending sections 4 and 5 of chapter II and section 3 of chapter V (MCL 62.4, 62.5, and 65.3), section 4 of chapter II and section 3 of chapter V as amended by 2003 PA 305 and section 5 of chapter II as amended by 2004 PA 300.

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

Roll Call No. 885 Yeas—99

Agema Genetski Lane Potvin

Ananich Gilbert LeBlanc Price

Bauer Glardon Lindberg Pscholka