No. 99
State of Michigan
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2011
House Chamber, Lansing, Thursday, December 8, 2011.
12:00 Noon.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Genetski—present LeBlanc—present Price—present
Ananich—present Gilbert—present Lindberg—present Pscholka—present
Barnett—present Glardon—present Lipton—present Rendon—present
Bauer—present Goike—present Liss—present Rogers—present
Bledsoe—present Haines—present Lori—present Rutledge—present
Bolger—present Hammel—present Lund—present Santana—present
Brown—present Haugh—present Lyons—present Schmidt, R.—present
Brunner—present Haveman—present MacGregor—present Schmidt, W.—present
Bumstead—present Heise—present MacMaster—present Segal—present
Byrum—present Hobbs—present McBroom—present Shaughnessy—present
Callton—present Hooker—present McCann—present Shirkey—present
Cavanagh—present Horn—present McMillin—present Slavens—present
Clemente—present Hovey-Wright—present Meadows—present Smiley—present
Constan—present Howze—present Moss—present Somerville—present
Cotter—present Hughes—present Muxlow—present Stallworth—present
Crawford—present Huuki—present Nathan—present Stamas—present
Daley—present Irwin—present Nesbitt—present Stanley—present
Damrow—present Jackson—present O’Brien—present Stapleton—present
Darany—present Jacobsen—present Oakes—present Switalski—present
Denby—present Jenkins—present Olson—present Talabi—present
Dillon—present Johnson—present Olumba—present Tlaib—present
Durhal—present Kandrevas—present Opsommer—present Townsend—present
Farrington—present Knollenberg—present Ouimet—present Tyler—present
Forlini—present Kowall—present Outman—present Walsh—present
Foster—present Kurtz—present Pettalia—present Womack—present
Franz—present LaFontaine—present Poleski—present Yonker—present
Geiss—present Lane—present Potvin—present Zorn—present
e/d/s = entered during session
Rep. Kenneth L. Kurtz, from the 58th District, offered the following invocation:
“Eternal God and Heavenly Father, we are grateful for this day. It is the day that You have made and might we find those areas, O God, where we can rejoice and be glad in it. Speak to each one of our hearts, be with our homes, give us understanding and wisdom; as so often we pray, and we do pray this in Your name. Amen.”
Messages from the Senate
The Speaker laid before the House
House Bill No. 4770, entitled
A bill to prohibit public employers from providing certain benefits to public employees.
(The bill was received from the Senate on December 7, with amendments and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 98, p. 2774.)
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. 531 Yeas—63
Agema Goike Lori Poleski
Bolger Haines Lund Potvin
Bumstead Haveman Lyons Price
Callton Heise MacGregor Pscholka
Cotter Hooker MacMaster Rendon
Crawford Horn McBroom Rogers
Daley Hughes McMillin Schmidt, W.
Damrow Huuki Moss Shaughnessy
Denby Jacobsen Muxlow Shirkey
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—45
Ananich Durhal Lindberg Segal
Barnett Geiss Lipton Slavens
Bauer Hammel Liss Smiley
Bledsoe Haugh McCann Stallworth
Brown Hobbs Meadows Stanley
Brunner Hovey-Wright Nathan Stapleton
Byrum Howze Oakes Switalski
Cavanagh Irwin Olumba Talabi
Clemente Jackson Rutledge Tlaib
Constan Kandrevas Santana Townsend
Darany Lane Schmidt, R. Womack
Dillon
In The Chair: Walsh
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Reps. Stapleton, Lindberg, Roy Schmidt, Byrum, Irwin, Lipton, Stallworth, Rutledge, Oakes and Cavanagh, having reserved the right to explain their nay vote, made the following statement:
“Mr. Speaker and members of the House:
I voted no on HB 4770 because, despite the fact that the Senate removed reference to University and Community College employees, there remain questions and serious problems with this bill. First and foremost the bill appears to be in violation of Article XI, Section 5 of Michigan’s Constitution which gives the Michigan Civil Service Commission plenary authority to regulate conditions of employment for classified service. It also violates Michigan’s long-held principles of local control and is discriminatory.”
The Speaker laid before the House
House Bill No. 4701, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending sections 1b, 20, 27, 35, 38, 47, 48, 49, 50, 55, 64, 65, 67a, 68, and 68c (MCL 38.1b, 38.20, 38.27, 38.35, 38.38, 38.47, 38.48, 38.49, 38.50, 38.55, 38.64, 38.65, 38.67a, 38.68, and 38.68c), sections 1b, 20, and 48 as amended by 2002 PA 93, sections 27 and 67a as amended by 2004 PA 109, section 35 as added and sections 38, 68, and 68c as amended by 2010 PA 185, section 47 as amended by 2002 PA 743, section 49 as amended by 2008 PA 353, sections 50 and 65 as added by 1996 PA 487, section 55 as amended by 2010 PA 256, and section 64 as amended by 2004 PA 33, and by adding sections 20j, 35a, 50a, 63a, 68b, and 68e.
(The bill was received from the Senate on December 7, 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. 98, p. 2774.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Rogers moved to amend the Senate substitute (S-1) as follows:
1. Amend page 48, line 8, after “68B” by inserting “OR WAS FIRST EMPLOYED AND ENTERED ON THE PAYROLL OF HIS OR HER EMPLOYER ON OR AFTER JANUARY 1, 2012”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Bauer and Stapleton moved to amend the Senate substitute (S-1) as follows:
1. Amend page 15, line 6, after “ending” by striking out “NO LATER THAN THE SECOND PAY DATE AFTER” and inserting “WITH THE LAST PAY DATE BEFORE”.
2. Amend page 16, line 3, after “(2)” by striking out “ON OR BEFORE THE BEGINNING DATE FOR MEMBER CONTRIBUTIONS UNDER SECTION 35A(1)” and inserting “WITHIN 14 DAYS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. McCann moved to amend the Senate substitute (S-1) as follows:
1. Amend page 53, line 25, after “ACCOUNT” by striking out the balance of the subsection and inserting a period.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 532 Yeas—62
Agema Goike Lund Poleski
Bolger Haines Lyons Potvin
Bumstead Haveman MacGregor Price
Callton Heise MacMaster Pscholka
Cotter Hooker McBroom Rendon
Crawford Horn McMillin Rogers
Daley Hughes Moss Schmidt, W.
Damrow Huuki Muxlow Shaughnessy
Denby Jacobsen Nesbitt Shirkey
Farrington Jenkins O’Brien Somerville
Forlini Johnson Olson Stamas
Foster Knollenberg Opsommer Tyler
Franz Kowall Ouimet Walsh
Genetski Kurtz Outman Yonker
Gilbert LaFontaine Pettalia Zorn
Glardon Lori
Nays—46
Ananich Durhal Lindberg Segal
Barnett Geiss Lipton Slavens
Bauer Hammel Liss Smiley
Bledsoe Haugh McCann Stallworth
Brown Hobbs Meadows Stanley
Brunner Hovey-Wright Nathan Stapleton
Byrum Howze Oakes Switalski
Cavanagh Irwin Olumba Talabi
Clemente Jackson Rutledge Tlaib
Constan Kandrevas Santana Townsend
Darany Lane Schmidt, R. Womack
Dillon LeBlanc
In The Chair: Walsh
The House agreed to the title as amended.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Opsommer to the Chair.
Third Reading of Bills
House Bill No. 5085, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 408.477), as amended by 1995 PA 278.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 533 Yeas—62
Agema Goike Lund Poleski
Bolger Haines Lyons Potvin
Bumstead Haveman MacGregor Price
Callton Heise MacMaster Pscholka
Cotter Hooker McBroom Rendon
Crawford Horn McMillin Rogers
Daley Hughes Moss Schmidt, W.
Damrow Huuki Muxlow Shaughnessy
Denby Jacobsen Nesbitt Shirkey
Farrington Jenkins O’Brien Somerville
Forlini Johnson Olson Stamas
Foster Knollenberg Opsommer Tyler
Franz Kowall Ouimet Walsh
Genetski Kurtz Outman Yonker
Gilbert LaFontaine Pettalia Zorn
Glardon Lori
Nays—46
Ananich Durhal Lindberg Segal
Barnett Geiss Lipton Slavens
Bauer Hammel Liss Smiley
Bledsoe Haugh McCann Stallworth
Brown Hobbs Meadows Stanley
Brunner Hovey-Wright Nathan Stapleton
Byrum Howze Oakes Switalski
Cavanagh Irwin Olumba Talabi
Clemente Jackson Rutledge Tlaib
Constan Kandrevas Santana Townsend
Darany Lane Schmidt, R. Womack
Dillon LeBlanc
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.
House Bill No. 5086, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 6, 11, 15, and 57 (MCL 169.206, 169.211, 169.215, and 169.257), section 6 as amended by 2003 PA 69, section 11 as amended by 1996 PA 590, and sections 15 and 57 as amended by 2001 PA 250, and by adding section 57a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 534 Yeas—62
Agema Goike Lund Poleski
Bolger Haines Lyons Potvin
Bumstead Haveman MacGregor Price
Callton Heise MacMaster Pscholka
Cotter Hooker McBroom Rendon
Crawford Horn McMillin Rogers
Daley Hughes Moss Schmidt, W.
Damrow Huuki Muxlow Shaughnessy
Denby Jacobsen Nesbitt Shirkey
Farrington Jenkins O’Brien Somerville
Forlini Johnson Olson Stamas
Foster Knollenberg Opsommer Tyler
Franz Kowall Ouimet Walsh
Genetski Kurtz Outman Yonker
Gilbert LaFontaine Pettalia Zorn
Glardon Lori
Nays—46
Ananich Durhal Lindberg Segal
Barnett Geiss Lipton Slavens
Bauer Hammel Liss Smiley
Bledsoe Haugh McCann Stallworth
Brown Hobbs Meadows Stanley
Brunner Hovey-Wright Nathan Stapleton
Byrum Howze Oakes Switalski
Cavanagh Irwin Olumba Talabi
Clemente Jackson Rutledge Tlaib
Constan Kandrevas Santana Townsend
Darany Lane Schmidt, R. Womack
Dillon LeBlanc
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 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 4, 6, 11, 15, and 57 (MCL 169.204, 169.206, 169.211, 169.215, and 169.257), section 4 as amended by 1989 PA 95, section 6 as amended by 2003 PA 69, section 11 as amended by 1996 PA 590, and sections 15 and 57 as amended by 2001 PA 250.
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.
House Bill No. 5030, entitled
A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” (MCL 408.1001 to 408.1094) by adding section 13a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 535 Yeas—62
Agema Goike Lund Poleski
Bolger Haines Lyons Potvin
Bumstead Haveman MacGregor Price
Callton Heise MacMaster Pscholka
Cotter Hooker McBroom Rendon
Crawford Horn McMillin Rogers
Daley Hughes Moss Schmidt, W.
Damrow Huuki Muxlow Shaughnessy
Denby Jacobsen Nesbitt Shirkey
Farrington Jenkins O’Brien Somerville
Forlini Johnson Olson Stamas
Foster Knollenberg Opsommer Tyler
Franz Kowall Ouimet Walsh
Genetski Kurtz Outman Yonker
Gilbert LaFontaine Pettalia Zorn
Glardon Lori
Nays—46
Ananich Durhal Lindberg Segal
Barnett Geiss Lipton Slavens
Bauer Hammel Liss Smiley
Bledsoe Haugh McCann Stallworth
Brown Hobbs Meadows Stanley
Brunner Hovey-Wright Nathan Stapleton
Byrum Howze Oakes Switalski
Cavanagh Irwin Olumba Talabi
Clemente Jackson Rutledge Tlaib
Constan Kandrevas Santana Townsend
Darany Lane Schmidt, R. Womack
Dillon LeBlanc
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.
House Bill No. 5087, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 411, 537, and 603 (MCL 436.1411, 436.1537, and 436.1603), section 411 as added by 2000 PA 395 and sections 537 and 603 as amended by 2010 PA 213.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 536 Yeas—107
Agema Genetski Lindberg Pscholka
Ananich Gilbert Lipton Rendon
Barnett Glardon Liss Rogers
Bauer Goike Lori Rutledge
Bledsoe Haines Lund Santana
Bolger Hammel Lyons Schmidt, R.
Brown Haugh MacGregor Schmidt, W.
Brunner Haveman MacMaster Segal
Bumstead Heise McBroom Shaughnessy
Byrum Hobbs McCann Shirkey
Callton Horn McMillin Slavens
Cavanagh Hovey-Wright Meadows Smiley
Clemente Howze Moss Somerville
Constan Hughes Muxlow Stallworth
Cotter Huuki Nathan Stamas
Crawford Irwin Nesbitt Stanley
Daley Jackson O’Brien Stapleton
Damrow Jacobsen Oakes Switalski
Darany Jenkins Olson Talabi
Denby Johnson Olumba Tlaib
Dillon Kandrevas Opsommer Townsend
Durhal Knollenberg Ouimet Tyler
Farrington Kowall Outman Walsh
Forlini Kurtz Pettalia Womack
Foster LaFontaine Poleski Yonker
Franz Lane Potvin Zorn
Geiss LeBlanc Price
Nays—1
Hooker
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Lyons moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Barnett, Bledsoe, Callton, Cotter, Daley, Damrow, Darany, Dillon, Durhal, Foster, Geiss, Genetski, Haugh, Heise, Horn, Howze, Kandrevas, Liss, Lyons, MacGregor, McCann, Nesbitt, Olson, Pettalia, Pscholka, Shirkey, Smiley, Stallworth, Yonker and Zorn were named co‑sponsors of the bill.
House Bill No. 5147, entitled
A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 12 (MCL 432.12), as amended by 2006 PA 625.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 537 Yeas—107
Agema Genetski Lindberg Pscholka
Ananich Gilbert Lipton Rendon
Barnett Glardon Liss Rogers
Bauer Goike Lori Rutledge
Bledsoe Haines Lund Santana
Bolger Hammel Lyons Schmidt, R.
Brown Haugh MacGregor Schmidt, W.
Brunner Haveman MacMaster Segal
Bumstead Heise McBroom Shaughnessy
Byrum Hobbs McCann Shirkey
Callton Horn McMillin Slavens
Cavanagh Hovey-Wright Meadows Smiley
Clemente Howze Moss Somerville
Constan Hughes Muxlow Stallworth
Cotter Huuki Nathan Stamas
Crawford Irwin Nesbitt Stanley
Daley Jackson O’Brien Stapleton
Damrow Jacobsen Oakes Switalski
Darany Jenkins Olson Talabi
Denby Johnson Olumba Tlaib
Dillon Kandrevas Opsommer Townsend
Durhal Knollenberg Ouimet Tyler
Farrington Kowall Outman Walsh
Forlini Kurtz Pettalia Womack
Foster LaFontaine Poleski Yonker
Franz Lane Potvin Zorn
Geiss LeBlanc Price
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.
House Bill No. 5071, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8149 and 8151 (MCL 600.8149 and 600.8151), section 8151 as amended by 2000 PA 38.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 538 Yeas—79
Agema Forlini LaFontaine Outman
Ananich Foster LeBlanc Pettalia
Barnett Genetski Liss Poleski
Bauer Gilbert Lori Price
Bolger Glardon Lund Pscholka
Brown Goike Lyons Rogers
Brunner Haines MacGregor Rutledge
Bumstead Haveman MacMaster Schmidt, R.
Byrum Heise McBroom Shaughnessy
Callton Hooker McCann Shirkey
Cavanagh Horn McMillin Slavens
Clemente Hughes Meadows Somerville
Constan Huuki Moss Stamas
Cotter Irwin Muxlow Switalski
Crawford Jacobsen Nesbitt Tlaib
Daley Jenkins O’Brien Tyler
Damrow Johnson Oakes Walsh
Denby Knollenberg Olson Yonker
Dillon Kowall Opsommer Zorn
Farrington Kurtz Ouimet
Nays—29
Bledsoe Hovey-Wright Nathan Smiley
Darany Howze Olumba Stallworth
Durhal Jackson Potvin Stanley
Franz Kandrevas Rendon Stapleton
Geiss Lane Santana Talabi
Hammel Lindberg Schmidt, W. Townsend
Haugh Lipton Segal Womack
Hobbs
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.
______
Rep. Potvin, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
My NO vote on HB 5071 was because this vote by lawmakers totally eliminated the only district court in the 84th District. This makes no sense. The current work load in the 84th District is 3.7 judgeships and 4 judges currently serve our growing community. This judgeship could have been combined with a neighboring District or kept the same at 4 judgeships.
Rural Michigan does not have the skilled judges to step in and hear the normal cases of a District Court. Thus, a great disservice has been placed on Missaukee and Wexford Counties. Thus, my NO vote on HB 5071.”
House Bill No. 5073, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8125 and 8134 (MCL 600.8125 and 600.8134), section 8125 as amended by 1995 PA 112 and section 8134 as amended by 2001 PA 253.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 539 Yeas—96
Agema Genetski LeBlanc Potvin
Ananich Gilbert Lipton Price
Barnett Glardon Liss Pscholka
Bauer Goike Lori Rendon
Bledsoe Haines Lund Rogers
Bolger Haugh Lyons Rutledge
Brown Haveman MacGregor Schmidt, R.
Brunner Heise MacMaster Schmidt, W.
Bumstead Hobbs McBroom Segal
Byrum Hooker McCann Shaughnessy
Callton Horn McMillin Shirkey
Cavanagh Hovey-Wright Meadows Slavens
Clemente Hughes Moss Somerville
Constan Huuki Muxlow Stallworth
Cotter Irwin Nathan Stamas
Crawford Jacobsen Nesbitt Stapleton
Daley Jenkins O’Brien Switalski
Damrow Johnson Oakes Talabi
Denby Kandrevas Olson Tlaib
Dillon Knollenberg Opsommer Townsend
Farrington Kowall Ouimet Tyler
Forlini Kurtz Outman Walsh
Foster LaFontaine Pettalia Yonker
Franz Lane Poleski Zorn
Nays—12
Darany Hammel Lindberg Smiley
Durhal Howze Olumba Stanley
Geiss Jackson Santana Womack
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.
House Bill No. 5074, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8133 (MCL 600.8133).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 540 Yeas—96
Agema Franz LeBlanc Price
Ananich Genetski Lipton Pscholka
Barnett Gilbert Liss Rendon
Bauer Goike Lori Rogers
Bledsoe Haines Lund Rutledge
Bolger Haugh Lyons Schmidt, R.
Brown Haveman MacGregor Schmidt, W.
Brunner Heise MacMaster Segal
Bumstead Hobbs McBroom Shaughnessy
Byrum Hooker McCann Shirkey
Callton Horn McMillin Slavens
Cavanagh Hovey-Wright Meadows Somerville
Clemente Hughes Moss Stallworth
Constan Huuki Muxlow Stamas
Cotter Irwin Nathan Stapleton
Crawford Jacobsen O’Brien Switalski
Daley Jenkins Oakes Talabi
Damrow Johnson Olson Tlaib
Denby Kandrevas Opsommer Townsend
Dillon Knollenberg Ouimet Tyler
Durhal Kowall Outman Walsh
Farrington Kurtz Pettalia Womack
Forlini LaFontaine Poleski Yonker
Foster Lane Potvin Zorn
Nays—12
Darany Hammel Lindberg Santana
Geiss Howze Nesbitt Smiley
Glardon Jackson Olumba Stanley
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.
______
Rep. Glardon, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
The 35th Circuit Court that encompasses Shiawassee County has four judges: 1 circuit, 1 probate, and 2 district judges. The Judicial Resources Report (JRR) reports that this circuit is over-judged by 0.9 District and under-judged by 0.2 Circuit/Probate, which nets 0.7. Based on this analysis, the Supreme Court Administrative Office estimates that the courts in Shiawassee County can operate with 3.3 judges. Eliminating one district judgeship as proposed in House Bill 5074 would leave the number of judges at 3 and could potentially leave Shiawassee County under-judged.
For this reason, I cannot support this bill at this time.”
Rep. Nesbitt, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I believe there is a need for consistency and integrity on reviewing the cut off figure for the elimination of judicial positions throughout the state. A reduction of a judge with anything less than an excess of one is simply not a rational or reasonable expectation. Each one of these bills contained judge elimination that I could not support.”
House Bill No. 5075, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 528 and 8144 (MCL 600.528 and 600.8144), section 528 as amended by 1988 PA 134 and section 8144 as amended by 2002 PA 92.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 541 Yeas—97
Agema Genetski LeBlanc Potvin
Ananich Gilbert Lipton Price
Barnett Glardon Liss Pscholka
Bauer Goike Lori Rendon
Bledsoe Haines Lund Rogers
Bolger Haugh Lyons Rutledge
Brown Haveman MacGregor Schmidt, R.
Brunner Heise MacMaster Schmidt, W.
Bumstead Hobbs McBroom Segal
Byrum Hooker McCann Shaughnessy
Callton Horn McMillin Shirkey
Cavanagh Hovey-Wright Meadows Slavens
Clemente Hughes Moss Somerville
Constan Huuki Muxlow Stallworth
Cotter Irwin Nathan Stamas
Crawford Jacobsen Nesbitt Stapleton
Daley Jenkins O’Brien Switalski
Damrow Johnson Oakes Talabi
Darany Kandrevas Olson Tlaib
Denby Knollenberg Opsommer Townsend
Dillon Kowall Ouimet Tyler
Farrington Kurtz Outman Walsh
Forlini LaFontaine Pettalia Yonker
Foster Lane Poleski Zorn
Franz
Nays—11
Durhal Howze Olumba Stanley
Geiss Jackson Santana Womack
Hammel Lindberg Smiley
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.
House Bill No. 5093, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 803 and 8116 (MCL 600.803 and 600.8116), section 803 as amended by 2002 PA 715.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 542 Yeas—63
Agema Glardon LeBlanc Poleski
Bolger Goike Lori Potvin
Bumstead Haines Lund Price
Callton Haveman Lyons Pscholka
Constan Heise MacGregor Rendon
Cotter Hooker MacMaster Rogers
Crawford Horn McBroom Schmidt, W.
Daley Hughes McMillin Shaughnessy
Damrow Huuki Moss Shirkey
Denby Jacobsen Muxlow Somerville
Farrington Jenkins O’Brien Stamas
Forlini Johnson Olson Tyler
Foster Knollenberg Opsommer Walsh
Franz Kowall Ouimet Yonker
Genetski Kurtz Outman Zorn
Gilbert LaFontaine Pettalia
Nays—45
Ananich Geiss Lipton Segal
Barnett Hammel Liss Slavens
Bauer Haugh McCann Smiley
Bledsoe Hobbs Meadows Stallworth
Brown Hovey-Wright Nathan Stanley
Brunner Howze Nesbitt Stapleton
Byrum Irwin Oakes Switalski
Cavanagh Jackson Olumba Talabi
Clemente Kandrevas Rutledge Tlaib
Darany Lane Santana Townsend
Dillon Lindberg Schmidt, R. Womack
Durhal
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 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8116 and 8117 (MCL 600.8116 and 600.8117), section 8117 as amended by 2005 PA 237.
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. Segal moved that her name be removed as sponsor of the bill.
The motion prevailed.
Rep. Walsh was named sponsor of the bill.
______
Rep. Nesbitt, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I believe there is a need for consistency and integrity on reviewing the cut off figure for the elimination of judicial positions throughout the state. A reduction of a judge with anything less than an excess of one is simply not a rational or reasonable expectation. Each one of these bills contained judge elimination that I could not support.”
House Bill No. 5094, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8152, 8153, and 8154 (MCL 600.8152, 600.8153, and 600.8154), section 8152 as amended by 2008 PA 137.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 543 Yeas—95
Agema Foster LaFontaine Poleski
Ananich Franz Lane Price
Barnett Genetski LeBlanc Pscholka
Bauer Gilbert Lipton Rendon
Bledsoe Glardon Liss Rogers
Bolger Goike Lori Rutledge
Brown Haines Lund Schmidt, R.
Brunner Haugh Lyons Segal
Bumstead Haveman MacGregor Shaughnessy
Byrum Heise MacMaster Shirkey
Callton Hobbs McBroom Slavens
Cavanagh Hooker McCann Somerville
Clemente Horn McMillin Stallworth
Constan Hovey-Wright Meadows Stamas
Cotter Hughes Moss Stapleton
Crawford Huuki Muxlow Switalski
Daley Irwin Nathan Talabi
Damrow Jacobsen Nesbitt Tlaib
Darany Jenkins O’Brien Townsend
Denby Johnson Oakes Tyler
Dillon Kandrevas Olson Walsh
Durhal Knollenberg Opsommer Yonker
Farrington Kowall Ouimet Zorn
Forlini Kurtz Outman
Nays—13
Geiss Lindberg Potvin Smiley
Hammel Olumba Santana Stanley
Howze Pettalia Schmidt, W. Womack
Jackson
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.
House Bill No. 5101, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 524, 8146, and 8148 (MCL 600.524, 600.8146, and 600.8148), as amended by 2002 PA 92.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 544 Yeas—98
Agema Franz LeBlanc Potvin
Ananich Genetski Lipton Price
Barnett Gilbert Liss Pscholka
Bauer Glardon Lori Rendon
Bledsoe Goike Lund Rogers
Bolger Haines Lyons Rutledge
Brown Haugh MacGregor Schmidt, R.
Brunner Haveman MacMaster Schmidt, W.
Bumstead Heise McBroom Segal
Byrum Hobbs McCann Shaughnessy
Callton Hooker McMillin Shirkey
Cavanagh Horn Meadows Slavens
Clemente Hovey-Wright Moss Somerville
Constan Hughes Muxlow Stallworth
Cotter Huuki Nathan Stamas
Crawford Irwin Nesbitt Stapleton
Daley Jacobsen O’Brien Switalski
Damrow Jenkins Oakes Talabi
Darany Johnson Olson Tlaib
Denby Kandrevas Opsommer Townsend
Dillon Knollenberg Ouimet Tyler
Durhal Kowall Outman Walsh
Farrington Kurtz Pettalia Yonker
Forlini LaFontaine Poleski Zorn
Foster Lane
Nays—10
Geiss Jackson Santana Stanley
Hammel Lindberg Smiley Womack
Howze Olumba
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 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 524, 8146, 8147, and 8148 (MCL 600.524, 600.8146, 600.8147, and 600.8148), as amended by 2002 PA 92.
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.
House Bill No. 5102, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 525, 549d, and 550a (MCL 600.525, 600.549d, and 600.550a), section 550a as amended by 2002 PA 92.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 545 Yeas—97
Agema Genetski LeBlanc Potvin
Ananich Gilbert Lipton Price
Barnett Glardon Liss Pscholka
Bauer Goike Lori Rendon
Bledsoe Haines Lund Rogers
Bolger Haugh Lyons Rutledge
Brown Haveman MacGregor Schmidt, R.
Brunner Heise MacMaster Schmidt, W.
Bumstead Hobbs McBroom Segal
Byrum Hooker McCann Shaughnessy
Callton Horn McMillin Shirkey
Cavanagh Hovey-Wright Meadows Slavens
Clemente Hughes Moss Somerville
Constan Huuki Muxlow Stallworth
Cotter Irwin Nathan Stamas
Crawford Jacobsen Nesbitt Stapleton
Daley Jenkins O’Brien Switalski
Darany Johnson Oakes Talabi
Denby Kandrevas Olson Tlaib
Dillon Knollenberg Opsommer Townsend
Durhal Kowall Ouimet Tyler
Farrington Kurtz Outman Walsh
Forlini LaFontaine Pettalia Yonker
Foster Lane Poleski Zorn
Franz
Nays—11
Damrow Howze Olumba Stanley
Geiss Jackson Santana Womack
Hammel Lindberg Smiley
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 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 525 and 549d (MCL 600.525 and 600.549d).
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.
House Bill No. 5103, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8121 and 8123 (MCL 600.8121 and 600.8123), section 8121 as amended by 2001 PA 258 and section 8123 as amended by 2000 PA 448.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Walsh moved to amend the bill as follows:
1. Amend page 5, line 18, after “JANUARY 2,” by striking out “2015” and inserting “2013”.
2. Amend page 5, line 24, after “JANUARY 2,” by striking out “2015” and inserting “2013”.
3. Amend page 6, line 8, after “JANUARY 2,” by striking out “2015” and inserting “2013”.
The motion was seconded and the amendments were adopted, 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. 546 Yeas—87
Agema Gilbert Lipton Potvin
Ananich Glardon Liss Price
Bauer Goike Lori Pscholka
Bledsoe Haines Lund Rendon
Bolger Haugh Lyons Rogers
Brunner Haveman MacGregor Rutledge
Bumstead Heise MacMaster Schmidt, R.
Byrum Hooker McBroom Schmidt, W.
Callton Horn McCann Segal
Cavanagh Hovey-Wright McMillin Shaughnessy
Constan Hughes Meadows Shirkey
Cotter Huuki Moss Slavens
Crawford Irwin Muxlow Somerville
Daley Jacobsen Nathan Stamas
Damrow Jenkins O’Brien Stapleton
Denby Johnson Oakes Switalski
Dillon Knollenberg Olson Townsend
Farrington Kowall Opsommer Tyler
Forlini Kurtz Ouimet Walsh
Foster LaFontaine Outman Yonker
Franz Lane Pettalia Zorn
Genetski LeBlanc Poleski
Nays—21
Barnett Hammel Lindberg Stallworth
Brown Hobbs Nesbitt Stanley
Clemente Howze Olumba Talabi
Darany Jackson Santana Tlaib
Durhal Kandrevas Smiley Womack
Geiss
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.
______
Rep. Nesbitt, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I believe there is a need for consistency and integrity on reviewing the cut off figure for the elimination of judicial positions throughout the state. A reduction of a judge with anything less than an excess of one is simply not a rational or reasonable expectation. Each one of these bills contained judge elimination that I could not support.”
House Bill No. 5104, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 519 and 8139 (MCL 600.519 and 600.8139).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 547 Yeas—88
Agema Glardon Liss Price
Ananich Goike Lori Pscholka
Bauer Haines Lund Rendon
Bledsoe Haugh Lyons Rogers
Bolger Haveman MacGregor Rutledge
Bumstead Heise MacMaster Schmidt, R.
Cavanagh Hobbs McBroom Schmidt, W.
Clemente Hooker McCann Segal
Constan Horn McMillin Shaughnessy
Cotter Hughes Meadows Shirkey
Crawford Huuki Moss Slavens
Daley Irwin Muxlow Somerville
Damrow Jacobsen Nathan Stallworth
Darany Jenkins O’Brien Stamas
Denby Johnson Oakes Stapleton
Dillon Knollenberg Olson Switalski
Farrington Kowall Opsommer Talabi
Forlini Kurtz Ouimet Townsend
Foster LaFontaine Outman Tyler
Franz Lane Pettalia Walsh
Genetski LeBlanc Poleski Yonker
Gilbert Lipton Potvin Zorn
Nays—20
Barnett Durhal Jackson Santana
Brown Geiss Kandrevas Smiley
Brunner Hammel Lindberg Stanley
Byrum Hovey-Wright Nesbitt Tlaib
Callton Howze Olumba Womack
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Lyons moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Nesbitt, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I believe there is a need for consistency and integrity on reviewing the cut off figure for the elimination of judicial positions throughout the state. A reduction of a judge with anything less than an excess of one is simply not a rational or reasonable expectation. Each one of these bills contained judge elimination that I could not support.”
House Bill No. 5107, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 543 and 8140 (MCL 600.543 and 600.8140).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 548 Yeas—95
Agema Franz Lane Potvin
Ananich Genetski LeBlanc Price
Barnett Gilbert Lipton Pscholka
Bauer Glardon Liss Rendon
Bledsoe Goike Lori Rogers
Bolger Haines Lund Rutledge
Brown Haugh Lyons Schmidt, R.
Brunner Haveman MacGregor Schmidt, W.
Bumstead Heise MacMaster Segal
Byrum Hobbs McBroom Shaughnessy
Callton Hooker McCann Shirkey
Cavanagh Horn McMillin Slavens
Clemente Hovey-Wright Meadows Somerville
Constan Hughes Moss Stamas
Cotter Huuki Muxlow Stapleton
Crawford Irwin Nathan Switalski
Daley Jacobsen O’Brien Talabi
Damrow Jenkins Oakes Tlaib
Darany Johnson Olson Townsend
Denby Kandrevas Opsommer Tyler
Dillon Knollenberg Ouimet Walsh
Farrington Kowall Outman Yonker
Forlini Kurtz Pettalia Zorn
Foster LaFontaine Poleski
Nays—13
Durhal Jackson Olumba Stallworth
Geiss Lindberg Santana Stanley
Hammel Nesbitt Smiley Womack
Howze
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 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8140 (MCL 600.8140).
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. Nesbitt, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I believe there is a need for consistency and integrity on reviewing the cut off figure for the elimination of judicial positions throughout the state. A reduction of a judge with anything less than an excess of one is simply not a rational or reasonable expectation. Each one of these bills contained judge elimination that I could not support.”
House Bill No. 5105, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 504, 8123, and 8136 (MCL 600.504, 600.8123, and 600.8136), section 504 as amended by 2002 PA 715 and section 8123 as amended by 2000 PA 448.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 549 Yeas—70
Agema Haines Lund Price
Barnett Haveman Lyons Pscholka
Bolger Heise MacGregor Rendon
Bumstead Hooker MacMaster Rogers
Callton Horn McBroom Rutledge
Constan Hughes McCann Schmidt, R.
Cotter Huuki McMillin Schmidt, W.
Crawford Jacobsen Meadows Segal
Daley Jenkins Moss Shaughnessy
Damrow Johnson Muxlow Shirkey
Denby Knollenberg O’Brien Somerville
Farrington Kowall Olson Stamas
Forlini Kurtz Ouimet Switalski
Foster LaFontaine Outman Tyler
Genetski Lane Pettalia Walsh
Gilbert LeBlanc Poleski Yonker
Glardon Liss Potvin Zorn
Goike Lori
Nays—37
Ananich Durhal Jackson Santana
Bauer Franz Kandrevas Smiley
Bledsoe Geiss Lindberg Stallworth
Brown Hammel Lipton Stanley
Brunner Haugh Nathan Stapleton
Byrum Hobbs Nesbitt Talabi
Cavanagh Hovey-Wright Oakes Tlaib
Clemente Howze Olumba Townsend
Darany Irwin Opsommer Womack
Dillon
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 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 504, 803, 805, 810a, 8121, 8123, 8132, 8136, 8138, and 8150 (MCL 600.504, 600.803, 600.805, 600.810a, 600.8121, 600.8123, 600.8132, 600.8136, 600.8138, and 600.8150), sections 504 and 803 as amended by 2002 PA 715, section 805 as amended by 1988 PA 134, section 810a as amended by 2004 PA 492, section 8121 as amended by 2001 PA 258, section 8123 as amended by 2000 PA 448, section 8132 as amended by 1998 PA 47, and section 8138 as amended by 1998 PA 46.
The 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. Slavens, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 549 because of a possible conflict of interest.”
______
Rep. Nesbitt, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I believe there is a need for consistency and integrity on reviewing the cut off figure for the elimination of judicial positions throughout the state. A reduction of a judge with anything less than an excess of one is simply not a rational or reasonable expectation. Each one of these bills contained judge elimination that I could not support.”
House Bill No. 5066, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 413 (MCL 208.1413), as amended by 2007 PA 145.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 550 Yeas—68
Bolger Glardon Lund Price
Brown Goike Lyons Pscholka
Bumstead Haines MacGregor Rendon
Callton Haveman MacMaster Rogers
Constan Heise McBroom Rutledge
Cotter Horn McMillin Schmidt, R.
Crawford Hughes Moss Schmidt, W.
Daley Irwin Muxlow Shaughnessy
Damrow Jacobsen Nesbitt Shirkey
Denby Jenkins O’Brien Somerville
Dillon Johnson Olson Stamas
Farrington Knollenberg Opsommer Switalski
Forlini Kowall Ouimet Townsend
Foster Kurtz Outman Tyler
Franz LaFontaine Pettalia Walsh
Genetski Liss Poleski Yonker
Gilbert Lori Potvin Zorn
Nays—40
Agema Durhal Kandrevas Santana
Ananich Geiss Lane Segal
Barnett Hammel LeBlanc Slavens
Bauer Haugh Lindberg Smiley
Bledsoe Hobbs Lipton Stallworth
Brunner Hooker McCann Stanley
Byrum Hovey-Wright Meadows Stapleton
Cavanagh Howze Nathan Talabi
Clemente Huuki Oakes Tlaib
Darany Jackson Olumba Womack
In The Chair: Opsommer
The House agreed to the title of the bill.
Rep. Lyons moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5067, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1211 (MCL 380.1211), as amended by 2010 PA 216.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 551 Yeas—68
Bolger Glardon Lori Potvin
Brown Goike Lund Price
Bumstead Haines Lyons Pscholka
Callton Haveman MacGregor Rendon
Constan Heise MacMaster Rogers
Cotter Horn McBroom Rutledge
Crawford Hughes McMillin Schmidt, R.
Daley Huuki Moss Schmidt, W.
Damrow Irwin Muxlow Shaughnessy
Denby Jacobsen Nesbitt Shirkey
Dillon Jenkins O’Brien Somerville
Farrington Johnson Olson Stamas
Forlini Knollenberg Opsommer Townsend
Foster Kowall Ouimet Tyler
Franz Kurtz Outman Walsh
Genetski LaFontaine Pettalia Yonker
Gilbert Liss Poleski Zorn
Nays—40
Agema Durhal Lane Segal
Ananich Geiss LeBlanc Slavens
Barnett Hammel Lindberg Smiley
Bauer Haugh Lipton Stallworth
Bledsoe Hobbs McCann Stanley
Brunner Hooker Meadows Stapleton
Byrum Hovey-Wright Nathan Switalski
Cavanagh Howze Oakes Talabi
Clemente Jackson Olumba Tlaib
Darany Kandrevas Santana Womack
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.
House Bill No. 5068, entitled
A bill to amend 1993 PA 331, entitled “State education tax act,” by amending section 3 (MCL 211.903), as amended by 2007 PA 38.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 552 Yeas—68
Bolger Glardon Lund Price
Brown Goike Lyons Pscholka
Bumstead Haines MacGregor Rendon
Callton Haveman MacMaster Rogers
Constan Heise McBroom Rutledge
Cotter Horn McMillin Schmidt, R.
Crawford Hughes Moss Schmidt, W.
Daley Irwin Muxlow Shaughnessy
Damrow Jacobsen Nesbitt Shirkey
Denby Jenkins O’Brien Somerville
Dillon Johnson Olson Stamas
Farrington Knollenberg Opsommer Switalski
Forlini Kowall Ouimet Townsend
Foster Kurtz Outman Tyler
Franz LaFontaine Pettalia Walsh
Genetski Liss Poleski Yonker
Gilbert Lori Potvin Zorn
Nays—40
Agema Durhal Kandrevas Santana
Ananich Geiss Lane Segal
Barnett Hammel LeBlanc Slavens
Bauer Haugh Lindberg Smiley
Bledsoe Hobbs Lipton Stallworth
Brunner Hooker McCann Stanley
Byrum Hovey-Wright Meadows Stapleton
Cavanagh Howze Nathan Talabi
Clemente Huuki Oakes Tlaib
Darany Jackson Olumba Womack
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.
House Bill No. 5069, entitled
A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 14 (MCL 207.564), as amended by 2008 PA 457.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 553 Yeas—68
Bolger Glardon Lund Price
Brown Goike Lyons Pscholka
Bumstead Haines MacGregor Rendon
Callton Haveman MacMaster Rogers
Constan Heise McBroom Rutledge
Cotter Horn McMillin Schmidt, R.
Crawford Hughes Moss Schmidt, W.
Daley Irwin Muxlow Shaughnessy
Damrow Jacobsen Nesbitt Shirkey
Denby Jenkins O’Brien Somerville
Dillon Johnson Olson Stamas
Farrington Knollenberg Opsommer Switalski
Forlini Kowall Ouimet Townsend
Foster Kurtz Outman Tyler
Franz LaFontaine Pettalia Walsh
Genetski Liss Poleski Yonker
Gilbert Lori Potvin Zorn
Nays—40
Agema Durhal Kandrevas Santana
Ananich Geiss Lane Segal
Barnett Hammel LeBlanc Slavens
Bauer Haugh Lindberg Smiley
Bledsoe Hobbs Lipton Stallworth
Brunner Hooker McCann Stanley
Byrum Hovey-Wright Meadows Stapleton
Cavanagh Howze Nathan Talabi
Clemente Huuki Oakes Tlaib
Darany Jackson Olumba Womack
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.
Senate Bill No. 798, entitled
A bill to amend 1946 (1st Ex Sess) PA 9, entitled “An act to create the Michigan veterans’ trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act,” (MCL 35.602 to 35.610) by adding sections 3b and 6a; 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. 554 Yeas—108
Agema Genetski LeBlanc Price
Ananich Gilbert Lindberg Pscholka
Barnett Glardon Lipton Rendon
Bauer Goike Liss Rogers
Bledsoe Haines Lori Rutledge
Bolger Hammel Lund Santana
Brown Haugh Lyons Schmidt, R.
Brunner Haveman MacGregor Schmidt, W.
Bumstead Heise MacMaster Segal
Byrum Hobbs McBroom Shaughnessy
Callton Hooker McCann Shirkey
Cavanagh Horn McMillin Slavens
Clemente Hovey-Wright Meadows Smiley
Constan Howze Moss Somerville
Cotter Hughes Muxlow Stallworth
Crawford Huuki Nathan Stamas
Daley Irwin Nesbitt Stanley
Damrow Jackson O’Brien Stapleton
Darany Jacobsen Oakes Switalski
Denby Jenkins Olson Talabi
Dillon Johnson Olumba Tlaib
Durhal Kandrevas Opsommer Townsend
Farrington Knollenberg Ouimet Tyler
Forlini Kowall Outman Walsh
Foster Kurtz Pettalia Womack
Franz LaFontaine Poleski Yonker
Geiss Lane Potvin Zorn
Nays—0
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.
Senate Bill No. 799, entitled
A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending sections 6, 7, and 8 (MCL 36.6, 36.7, and 36.8) and by adding section 2a; 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. 555 Yeas—108
Agema Genetski LeBlanc Price
Ananich Gilbert Lindberg Pscholka
Barnett Glardon Lipton Rendon
Bauer Goike Liss Rogers
Bledsoe Haines Lori Rutledge
Bolger Hammel Lund Santana
Brown Haugh Lyons Schmidt, R.
Brunner Haveman MacGregor Schmidt, W.
Bumstead Heise MacMaster Segal
Byrum Hobbs McBroom Shaughnessy
Callton Hooker McCann Shirkey
Cavanagh Horn McMillin Slavens
Clemente Hovey-Wright Meadows Smiley
Constan Howze Moss Somerville
Cotter Hughes Muxlow Stallworth
Crawford Huuki Nathan Stamas
Daley Irwin Nesbitt Stanley
Damrow Jackson O’Brien Stapleton
Darany Jacobsen Oakes Switalski
Denby Jenkins Olson Talabi
Dillon Johnson Olumba Tlaib
Durhal Kandrevas Opsommer Townsend
Farrington Knollenberg Ouimet Tyler
Forlini Kowall Outman Walsh
Foster Kurtz Pettalia Womack
Franz LaFontaine Poleski Yonker
Geiss Lane Potvin Zorn
Nays—0
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.
House Bill No. 4940, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 701 (MCL 206.701), as added by 2011 PA 38.
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—66
Agema Goike Lori Poleski
Bolger Haines Lund Potvin
Bumstead Haveman Lyons Price
Callton Heise MacGregor Pscholka
Constan Hooker MacMaster Rendon
Cotter Horn McBroom Rogers
Crawford Hughes McMillin Rutledge
Daley Huuki Moss Schmidt, W.
Damrow Jacobsen Muxlow Shaughnessy
Denby Jenkins Nesbitt Shirkey
Farrington Johnson O’Brien Somerville
Forlini Knollenberg Olson Stamas
Foster Kowall Opsommer Tyler
Franz Kurtz Ouimet Walsh
Genetski LaFontaine Outman Yonker
Gilbert Lane Pettalia Zorn
Glardon Liss
Nays—42
Ananich Durhal Lindberg Slavens
Barnett Geiss Lipton Smiley
Bauer Hammel McCann Stallworth
Bledsoe Haugh Meadows Stanley
Brown Hobbs Nathan Stapleton
Brunner Hovey-Wright Oakes Switalski
Byrum Howze Olumba Talabi
Cavanagh Irwin Santana Tlaib
Clemente Jackson Schmidt, R. Townsend
Darany Kandrevas Segal Womack
Dillon LeBlanc
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 1967 PA 281, entitled “Income tax act of 1967,” by amending section 701 (MCL 206.701), as amended by 2011 PA 194.
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.
House Bill No. 4949, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 623 (MCL 206.623), as added by 2011 PA 38.
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—67
Agema Glardon Liss Poleski
Bolger Goike Lori Potvin
Brown Haines Lund Price
Bumstead Haveman Lyons Pscholka
Callton Heise MacGregor Rendon
Constan Hooker MacMaster Rogers
Cotter Horn McBroom Rutledge
Crawford Hughes McMillin Schmidt, W.
Daley Huuki Moss Shaughnessy
Damrow Jacobsen Muxlow Shirkey
Denby Jenkins Nesbitt Somerville
Farrington Johnson O’Brien Stamas
Forlini Knollenberg Olson Tyler
Foster Kowall Opsommer Walsh
Franz Kurtz Ouimet Yonker
Genetski LaFontaine Outman Zorn
Gilbert Lane Pettalia
Nays—41
Ananich Geiss Lindberg Slavens
Barnett Hammel Lipton Smiley
Bauer Haugh McCann Stallworth
Bledsoe Hobbs Meadows Stanley
Brunner Hovey-Wright Nathan Stapleton
Byrum Howze Oakes Switalski
Cavanagh Irwin Olumba Talabi
Clemente Jackson Santana Tlaib
Darany Kandrevas Schmidt, R. Townsend
Dillon LeBlanc Segal Womack
Durhal
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.
House Bill No. 4950, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 671 (MCL 206.671), as added by 2011 PA 38.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 558 Yeas—66
Agema Goike Lori Poleski
Bolger Haines Lund Potvin
Bumstead Haveman Lyons Price
Callton Heise MacGregor Pscholka
Constan Hooker MacMaster Rendon
Cotter Horn McBroom Rogers
Crawford Hughes McMillin Rutledge
Daley Huuki Moss Schmidt, W.
Damrow Jacobsen Muxlow Shaughnessy
Denby Jenkins Nesbitt Shirkey
Farrington Johnson O’Brien Somerville
Forlini Knollenberg Olson Stamas
Foster Kowall Opsommer Tyler
Franz Kurtz Ouimet Walsh
Genetski LaFontaine Outman Yonker
Gilbert Lane Pettalia Zorn
Glardon Liss
Nays—42
Ananich Durhal Lindberg Slavens
Barnett Geiss Lipton Smiley
Bauer Hammel McCann Stallworth
Bledsoe Haugh Meadows Stanley
Brown Hobbs Nathan Stapleton
Brunner Hovey-Wright Oakes Switalski
Byrum Howze Olumba Talabi
Cavanagh Irwin Santana Tlaib
Clemente Jackson Schmidt, R. Townsend
Darany Kandrevas Segal Womack
Dillon LeBlanc
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 1967 PA 281, entitled “Income tax act of 1967,” by amending section 671 (MCL 206.671), as amended by 2011 PA 185.
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. 5047, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 42a (MCL 211.42a), as amended by 2002 PA 505.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Local, Intergovernmental, and Regional Affairs (for amendment, see House Journal No. 81, p. 2408),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Haugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 725, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7dd and 34c (MCL 211.7dd and 211.34c), section 7dd as amended by 2010 PA 17 and section 34c as amended by 2006 PA 646.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Agriculture,
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.
______
The Speaker Pro Tempore resumed the Chair.
House Bill No. 4542, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3204 and 3205 (MCL 600.3204 and 600.3205), section 3204 as amended and section 3205 as added by 2009 PA 29.
Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Knollenberg moved to amend the bill as follows:
1. Amend page 4, line 4, after “before” by striking out “JULY 1, 2015” and inserting “DECEMBER 31, 2012”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Womack moved to amend the bill as follows:
1. Amend page 4, line 4, after “2009” by striking out the balance of the line and inserting a period.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Farrington 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. 4542, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3204 and 3205 (MCL 600.3204 and 600.3205), section 3204 as amended and section 3205 as added by 2009 PA 29.
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—108
Agema Genetski LeBlanc Price
Ananich Gilbert Lindberg Pscholka
Barnett Glardon Lipton Rendon
Bauer Goike Liss Rogers
Bledsoe Haines Lori Rutledge
Bolger Hammel Lund Santana
Brown Haugh Lyons Schmidt, R.
Brunner Haveman MacGregor Schmidt, W.
Bumstead Heise MacMaster Segal
Byrum Hobbs McBroom Shaughnessy
Callton Hooker McCann Shirkey
Cavanagh Horn McMillin Slavens
Clemente Hovey-Wright Meadows Smiley
Constan Howze Moss Somerville
Cotter Hughes Muxlow Stallworth
Crawford Huuki Nathan Stamas
Daley Irwin Nesbitt Stanley
Damrow Jackson O’Brien Stapleton
Darany Jacobsen Oakes Switalski
Denby Jenkins Olson Talabi
Dillon Johnson Olumba Tlaib
Durhal Kandrevas Opsommer Townsend
Farrington Knollenberg Ouimet Tyler
Forlini Kowall Outman Walsh
Foster Kurtz Pettalia Womack
Franz LaFontaine Poleski Yonker
Geiss Lane Potvin Zorn
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 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3204, 3205, and 3212 (MCL 600.3204, 600.3205, and 600.3212), section 3204 as amended by 2011 PA 72, section 3205 as added by 2009 PA 29, and section 3212 as amended by 2004 PA 186, and by adding section 3278.
The 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. 4543, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3205a, 3205b, 3205d, and 3205e (MCL 600.3205a, 600.3205b, 600.3205d, and 600.3205e), sections 3205a and 3205b as added by 2009 PA 30 and sections 3205d and 3205e as added by 2009 PA 31.
Was read a second time, and the question being on the adoption of the proposed substitute (H-6) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-6) was adopted, a majority of the members serving voting therefor.
Rep. Knollenberg moved to amend the bill as follows:
1. Amend page 11, line 4, by striking out “JULY 1, 2015” and inserting “DECEMBER 31, 2012”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Knollenberg moved to amend the bill as follows:
1. Amend page 7, line 7, after “situated.” by striking out the balance of the section.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Womack moved to amend the bill as follows:
1. Amend page 11, following line 13, by inserting:
“Enacting section 3. Section 3205e of the revised judicature act of 1961, 1961 PA 236, MCL 600.3205e, is repealed.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Pettalia 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. 4543, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3205a, 3205b, 3205d, and 3205e (MCL 600.3205a, 600.3205b, 600.3205d, and 600.3205e), sections 3205a and 3205b as added by 2009 PA 30 and sections 3205d and 3205e as added by 2009 PA 31.
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 LeBlanc Price
Ananich Gilbert Lindberg Pscholka
Barnett Glardon Lipton Rendon
Bauer Goike Liss Rogers
Bledsoe Haines Lori Rutledge
Bolger Hammel Lund Santana
Brown Haugh Lyons Schmidt, R.
Brunner Haveman MacGregor Schmidt, W.
Bumstead Heise MacMaster Segal
Byrum Hobbs McBroom Shaughnessy
Callton Hooker McCann Shirkey
Cavanagh Horn McMillin Slavens
Clemente Hovey-Wright Meadows Smiley
Constan Howze Moss Somerville
Cotter Hughes Muxlow Stallworth
Crawford Huuki Nathan Stamas
Daley Irwin Nesbitt Stanley
Damrow Jackson O’Brien Stapleton
Darany Jacobsen Oakes Switalski
Denby Jenkins Olson Talabi
Dillon Johnson Olumba Tlaib
Durhal Kandrevas Opsommer Townsend
Farrington Knollenberg Ouimet Tyler
Forlini Kowall Outman Walsh
Foster Kurtz Pettalia Womack
Franz LaFontaine Poleski Yonker
Geiss Lane Potvin Zorn
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 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3205a, 3205b, 3205c, 3205d, and 3205e (MCL 600.3205a, 600.3205b, 600.3205c, 600.3205d, and 600.3205e), sections 3205a and 3205b as added by 2009 PA 30, sections 3205c and 3205d as added by 2009 PA 31, and section 3205e as amended by 2011 PA 72.
The 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. 4544, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3240 (MCL 600.3240), as amended by 2010 PA 303.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Lyons moved to amend the bill as follows:
1. Amend page 6, line 8, after “COMMENCED” by inserting “AND RECORDS AN AFFIDAVIT WITH THE REGISTER OF DEEDS FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED STATING THAT THE PROOF HAS BEEN DELIVERED”.
2. Amend page 6, line 9, after “PROOF” by striking out “AS DESCRIBED IN” and inserting “AND RECORD AN AFFIDAVIT AS REQUIRED BY”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Lyons moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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. 4544, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3240 (MCL 600.3240), as amended by 2010 PA 303.
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—108
Agema Genetski LeBlanc Price
Ananich Gilbert Lindberg Pscholka
Barnett Glardon Lipton Rendon
Bauer Goike Liss Rogers
Bledsoe Haines Lori Rutledge
Bolger Hammel Lund Santana
Brown Haugh Lyons Schmidt, R.
Brunner Haveman MacGregor Schmidt, W.
Bumstead Heise MacMaster Segal
Byrum Hobbs McBroom Shaughnessy
Callton Hooker McCann Shirkey
Cavanagh Horn McMillin Slavens
Clemente Hovey-Wright Meadows Smiley
Constan Howze Moss Somerville
Cotter Hughes Muxlow Stallworth
Crawford Huuki Nathan Stamas
Daley Irwin Nesbitt Stanley
Damrow Jackson O’Brien Stapleton
Darany Jacobsen Oakes Switalski
Denby Jenkins Olson Talabi
Dillon Johnson Olumba Tlaib
Durhal Kandrevas Opsommer Townsend
Farrington Knollenberg Ouimet Tyler
Forlini Kowall Outman Walsh
Foster Kurtz Pettalia Womack
Franz LaFontaine Poleski Yonker
Geiss Lane Potvin Zorn
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.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported
House Bill No. 4874, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending sections 5, 5i, and 35a (MCL 117.5, 117.5i, and 117.35a), section 5 as amended by 2002 PA 201 and sections 5i and 35a as amended by 2001 PA 173.
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. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Townsend, Rutledge and Lane
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, December 8, 2011
Present: Reps. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Townsend, Rutledge and Lane
Absent: Rep. Stapleton
Excused: Rep. Stapleton
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, December 8, 2011
Present: Reps. Wayne Schmidt, Tyler, Gilbert, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente, Townsend and Olumba
Absent: Rep. Knollenberg
Excused: Rep. Knollenberg
Second Reading of Bills
House Bill No. 5122, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 31a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
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. 5122, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 31a.
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—105
Ananich Glardon Lindberg Price
Barnett Goike Lipton Pscholka
Bauer Haines Liss Rendon
Bledsoe Hammel Lori Rogers
Bolger Haugh Lund Rutledge
Brown Haveman Lyons Santana
Brunner Heise MacGregor Schmidt, R.
Bumstead Hobbs MacMaster Schmidt, W.
Byrum Hooker McBroom Segal
Callton Horn McCann Shaughnessy
Cavanagh Hovey-Wright McMillin Slavens
Clemente Howze Meadows Smiley
Constan Hughes Moss Somerville
Crawford Huuki Muxlow Stallworth
Daley Irwin Nathan Stamas
Damrow Jackson Nesbitt Stanley
Darany Jacobsen O’Brien Stapleton
Denby Jenkins Oakes Switalski
Dillon Johnson Olson Talabi
Durhal Kandrevas Olumba Tlaib
Farrington Knollenberg Opsommer Townsend
Forlini Kowall Ouimet Tyler
Foster Kurtz Outman Walsh
Franz LaFontaine Pettalia Womack
Geiss Lane Poleski Yonker
Genetski LeBlanc Potvin Zorn
Gilbert
Nays—3
Agema Cotter Shirkey
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. 5157, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 9 (MCL 125.2689), as amended by 2008 PA 495.
The bill was read a second time.
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. 5157, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 9 (MCL 125.2689), as amended by 2008 PA 495.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 563 Yeas—104
Ananich Gilbert LeBlanc Price
Barnett Glardon Lindberg Pscholka
Bauer Goike Lipton Rendon
Bledsoe Haines Liss Rogers
Bolger Hammel Lori Rutledge
Brown Haugh Lund Santana
Brunner Haveman Lyons Schmidt, R.
Bumstead Heise MacGregor Schmidt, W.
Byrum Hobbs MacMaster Segal
Callton Hooker McBroom Shaughnessy
Cavanagh Horn McCann Slavens
Clemente Hovey-Wright Meadows Smiley
Constan 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 Womack
Geiss LaFontaine Poleski Yonker
Genetski Lane Potvin Zorn
Nays—4
Agema Cotter McMillin Shirkey
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5187, entitled
A bill to amend 1966 PA 261, entitled “An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 1, 2, and 3 (MCL 46.401, 46.402, and 46.403), section 2 as amended by 2004 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. 564 Yeas—58
Agema Goike Lori Pettalia
Bolger Haines Lund Potvin
Bumstead Haveman Lyons Price
Callton Heise MacGregor Pscholka
Crawford Hooker MacMaster Rendon
Daley Horn McMillin Rogers
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 Walsh
Genetski Kowall Ouimet Yonker
Gilbert Kurtz Outman Zorn
Glardon LaFontaine
Nays—50
Ananich Durhal Lipton Segal
Barnett Geiss Liss Slavens
Bauer Hammel McBroom Smiley
Bledsoe Haugh McCann Stallworth
Brown Hobbs Meadows Stanley
Brunner Hovey-Wright Nathan Stapleton
Byrum Howze Oakes Switalski
Cavanagh Irwin Olumba Talabi
Clemente Jackson Poleski Tlaib
Constan Kandrevas Rutledge Townsend
Cotter Lane Santana Tyler
Darany LeBlanc Schmidt, R. Womack
Dillon Lindberg
In The Chair: Walsh
The House agreed to the title of the bill.
______
Reps. Segal, Townsend, Irwin, Ananich, Hammel, Hovey-Wright, Stapleton, Byrum, Lindberg, Oakes, Meadows, Santana, Darany, Brown, Durhal, Lipton, Barnett, Talabi, Olumba, Stallworth, Cavanagh, Tlaib, Geiss, Roy Schmidt, Howze, Smiley, Bledsoe, Kandrevas, Lane and Brunner, having reserved the right to explain their protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on House Bill 5187 because the bill is an outrageously partisan bill that would undo Oakland County’s Apportionment Commission’s fair process of redistricting resulting in a map that has already been upheld by the Michigan Court of Appeals as constitutional and in compliance with the law. While other states are moving redistricting out of the hands of elected officials and to independent, non-partisan commissions, the majority in this House is proposing that county elected officials pick their own districts. The bill is also flawed because it is a local act that only applies to Oakland County. The statute does not refer to Oakland County by name but applies to a county with a population of 1,000,000 or more that has adopted a unified form of county government with a county executive. The language of the bill only applies to Oakland County.
Such population-based statutes have been upheld against claims that they constitute local acts where it is possible that other municipalities or counties can qualify for inclusion if their populations changes. See State v. Wayne, 466 Mich 640, 642-643 (2002); Irishman’s Lot, Inc. v. Secretary of State, 338 Mich 662, 666-668 (1954). However, where the statute cannot apply to other units of government, that is fatal to its status as a general act. See State at 643; Mulloy v. Wayne Co. Bd. Supervisors, 246 Mich 632, 637-640 (1929). That is the case here. In the bill, the language is limited to Oakland County. No other county would qualify under the bill. Oakland County is a closed class. Therefore, it is a local act and each chamber of the Legislature is required to get a two-thirds vote on a local or special act as required under Article 4, Section 29 of the Michigan Constitution. Members of this body took an oath to uphold the Michigan Constitution. The Majority was informed of the constitutional obstacle in this bill but are proceeding in an unconstitutional manner in violation of their oath.
Therefore, I voted ‘no’ on House Bill 5187. I also voted ‘no’ on granting Immediate Effect to House Bill 5187 because, as I stated above, the bill requires a two-thirds vote under the Michigan Constitution as a local or special act (Art. 4, Sec. 29). The bill did not receive a two-thirds vote and, therefore, did not effectively pass the House.”
Rep. Bauer, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on House Bill 5187 because the bill is an outrageously partisan bill that would undo Oakland County’s Apportionment Commission’s fair process of redistricting resulting in a map that has already been upheld by the Michigan Court of Appeals as constitutional and in compliance with the law. While other states are moving redistricting out of the hands of elected officials and to independent, non-partisan commissions, the majority in this House is proposing that county elected officials pick their own districts. The bill is also flawed because it is a local act that only applies to Oakland County. The statute does not refer to Oakland County by name but applies to a county with a population of 1,000,000 or more that has adopted a unified form of county government with a county executive. The language of the bill only applies to Oakland County.”
Rep. Slavens, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on House Bill 5187 because the bill is an outrageously partisan bill that would undo Oakland County’s Apportionment Commission’s fair process of redistricting resulting in a map that has already been upheld by the Michigan Court of Appeals as constitutional and in compliance with the law. While other states are moving redistricting out of the hands of elected officials and to independent, non-partisan commissions, the majority in this House is proposing that county elected officials pick their own districts. The bill is also flawed because it is a local act that only applies to Oakland County. The statute does not refer to Oakland County by name but applies to a county with a population of 1,000,000 or more that has adopted a unified form of county government with a county executive. The language of the bill only applies to Oakland County.
Such population-based statutes have been upheld against claims that they constitute local acts where it is possible that other municipalities or counties can qualify for inclusion if their populations changes. See State v. Wayne, 466 Mich 640, 642-643 (2002); Irishman’s Lot, Inc. v. Secretary of State, 338 Mich 662, 666-668 (1954). However, where the statute cannot apply to other units of government, that is fatal to its status as a general act. See State at 643; Mulloy v. Wayne Co. Bd. Supervisors, 246 Mich 632, 637-640 (1929). That is the case here. In the bill, the language is limited to Oakland County. No other county would qualify under the bill. Oakland County is a closed class. Therefore, it is a local act and each chamber of the Legislature is required to get a two-thirds vote on a local or special act as required under Article 4, Section 29 of the Michigan Constitution. Members of this body took an oath to uphold the Michigan Constitution. The Majority was informed of the constitutional obstacle in this bill but are proceeding in an unconstitutional manner in violation of their oath.”
Rep. Constan, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on House Bill 5187 because the bill is a partisan bill that would undo Oakland County’s Apportionment Commission’s fair process of redistricting resulting in a map that has already been upheld by the Michigan Court of Appeals as constitutional and in compliance with the law. While other states are moving redistricting out of the hands of elected officials and to independent, non-partisan commissions, the majority in this House is proposing that county elected officials pick their own districts. The bill is also flawed because it is a local act that only applies to Oakland County. The statute does not refer to Oakland County by name but applies to a county with a population of 1,000,000 or more that has adopted a unified form of county government with a county executive. The language of the bill only applies to Oakland County.
Such population-based statutes have been upheld against claims that they constitute local acts where it is possible that other municipalities or counties can qualify for inclusion if their populations changes. See State v. Wayne, 466 Mich 640, 642-643 (2002); Irishman’s Lot, Inc. v. Secretary of State, 338 Mich 662, 666-668 (1954). However, where the statute cannot apply to other units of government, that is fatal to its status as a general act. See State at 643; Mulloy v. Wayne Co. Bd. Supervisors, 246 Mich 632, 637-640 (1929). That is the case here. In the bill, the language is limited to Oakland County. No other county would qualify under the bill. Oakland County is a closed class. Therefore, it is a local act and each chamber of the Legislature is required to get a two-thirds vote on a local or special act as required under Article 4, Section 29 of the Michigan Constitution. Members of this body took an oath to uphold the Michigan Constitution. The Majority was informed of the constitutional obstacle in this bill but are proceeding in an unconstitutional manner in violation of their oath.
Therefore, I voted ‘no’ on House Bill 5187. I also voted ‘no’ on granting Immediate Effect to House Bill 5187 because, as I stated above, the bill requires a two-thirds vote under the Michigan Constitution as a local or special act (Art. 4, Sec. 29). The bill did not receive a two-thirds vote and, therefore, did not effectively pass the House.”
Rep. Liss, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on House Bill 5187 because the bill is a bill that would undo Oakland County’s Apportionment Commission’s fair process of redistricting resulting in a map that has already been upheld by the Michigan Court of Appeals as constitutional and in compliance with the law. While other states are moving redistricting out of the hands of elected officials and to independent, non-partisan commissions, the majority in this House is proposing that county elected officials pick their own districts. The bill is also flawed because it is a local act that only applies to Oakland County. The statute does not refer to Oakland County by name but applies to a county with a population of 1,000,000 or more that has adopted a unified form of county government with a county executive. The language of the bill only applies to Oakland County.
Such population-based statutes have been upheld against claims that they constitute local acts where it is possible that other municipalities or counties can qualify for inclusion if their populations changes. See State v. Wayne, 466 Mich 640, 642-643 (2002); Irishman’s Lot, Inc. v. Secretary of State, 338 Mich 662, 666-668 (1954). However, where the statute cannot apply to other units of government, that is fatal to its status as a general act. See State at 643; Mulloy v. Wayne Co. Bd. Supervisors, 246 Mich 632, 637-640 (1929). That is the case here. In the bill, the language is limited to Oakland County. No other county would qualify under the bill. Oakland County is a closed class. Therefore, it is a local act and each chamber of the Legislature is required to get a two-thirds vote on a local or special act as required under Article 4, Section 29 of the Michigan Constitution. Members of this body took an oath to uphold the Michigan Constitution. The Majority was informed of the constitutional obstacle in this bill but are proceeding in an unconstitutional manner in violation of their oath.
Therefore, I voted ‘no’ on House Bill 5187. I also voted ‘no’ on granting Immediate Effect to House Bill 5187 because, as I stated above, the bill requires a two-thirds vote under the Michigan Constitution as a local or special act (Art. 4, Sec. 29). The bill did not receive a two-thirds vote and, therefore, did not effectively pass the House.”
Rep. Rutledge, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on House Bill 5187 because the bill is an outrageously partisan bill that would undo Oakland County’s Apportionment Commission’s fair process of redistricting resulting in a map that has already been upheld by the Michigan Court of Appeals as constitutional and in compliance with the law. While other states are moving redistricting out of the hands of elected officials and to independent, non-partisan commissions, the majority in this House is proposing that county elected officials pick their own districts. The bill is also flawed because it is a local act that only applies to Oakland County. The statute does not refer to Oakland County by name but applies to a county with a population of 1,000,000 or more that has adopted a unified form of county government with a county executive. The language of the bill only applies to Oakland County. Such population-based statutes have been upheld against claims that they constitute local acts where it is possible that other municipalities or counties can qualify for inclusion if their populations changes. See State v. Wayne, 466 Mich 640, 642-643 (2002); Irishman’s Lot, Inc. v. Secretary of State, 338 Mich 662, 666-668 (1954). However, where the statute cannot apply to other units of government, that is fatal to its status as a general act. See State at 643; Mulloy v. Wayne Co. Bd. Supervisors, 246 Mich 632, 637-640 (1929). That is the case here. In the bill, the language is limited to Oakland County. No other county would qualify under the bill. Oakland County is a closed class. Therefore, it is a local act and each chamber of the Legislature is required to get a two-thirds vote on a local or special act as required under Article 4, Section 29 of the Michigan Constitution. Members of this body took an oath to uphold the Michigan Constitution. The Majority was informed of the constitutional obstacle in this bill but are proceeding in an unconstitutional manner in violation of their oath. Therefore, I voted ‘no’ on House Bill 5187. I also voted ‘no’ on granting Immediate Effect to House Bill 5187 because, as I stated above, the bill requires a two-thirds vote under the Michigan Constitution as a local or special act (Art. 4, Sec. 29). The bill did not receive a two-thirds vote and, therefore, did not effectively pass the House.”
Rep. Poleski, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
HB 5187 provides a special districting process for specific counties in Michigan. I believe it unwise to have county-specific methods of districting in our State.
I respectfully decline to agree to this special method.
Thank you, Mr. Speaker, for this opportunity to explain my No vote.”
Second Reading of Bills
House Bill No. 4874, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending sections 5, 5i, and 35a (MCL 117.5, 117.5i, and 117.35a), section 5 as amended by 2002 PA 201 and sections 5i and 35a as amended by 2001 PA 173.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Local, Intergovernmental, and Regional Affairs,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Jackson 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. Dillon be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4874, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending sections 5, 5i, and 35a (MCL 117.5, 117.5i, and 117.35a), section 5 as amended by 2002 PA 201 and sections 5i and 35a as amended by 2001 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. 565 Yeas—107
Agema Gilbert Lindberg Pscholka
Ananich Glardon Lipton Rendon
Barnett Goike Liss Rogers
Bauer Haines Lori Rutledge
Bledsoe Hammel Lund Santana
Bolger Haugh Lyons Schmidt, R.
Brown Haveman MacGregor Schmidt, W.
Brunner Heise MacMaster Segal
Bumstead Hobbs McBroom Shaughnessy
Byrum Hooker McCann Shirkey
Callton Horn McMillin Slavens
Cavanagh Hovey-Wright Meadows Smiley
Clemente Howze Moss Somerville
Constan Hughes Muxlow Stallworth
Cotter Huuki Nathan Stamas
Crawford Irwin Nesbitt Stanley
Daley Jackson O’Brien Stapleton
Damrow Jacobsen Oakes Switalski
Darany Jenkins Olson Talabi
Denby Johnson Olumba Tlaib
Durhal Kandrevas Opsommer Townsend
Farrington Knollenberg Ouimet Tyler
Forlini Kowall Outman Walsh
Foster Kurtz Pettalia Womack
Franz LaFontaine Poleski Yonker
Geiss Lane Potvin Zorn
Genetski LeBlanc Price
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 1909 PA 279, entitled “The home rule city act,” by amending section 5i (MCL 117.5i), as amended by 2001 PA 173.
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. 5194, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1225 (MCL 380.1225), as amended by 2006 PA 285.
The bill was read a second time.
Rep. Moss moved to amend the bill as follows:
1. Amend page 2, line 10, after “FISCAL” by striking out “RESPONSIBILITY” and inserting “ACCOUNTABILITY”.
2. Amend page 2, line 11, after “141.1531,” by inserting “OR A LOCAL OR INTERMEDIATE DISTRICT THAT HAS AN APPROVED DEFICIT ELIMINATION PLAN UNDER SECTION 102 OF THE STATE SCHOOL AID ACT OF 1979, MCL 388.1702,”.
3. Amend page 2, line 12, after “SECTION” by striking out “17A” and inserting “17A(4)”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Durhal moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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. 5194, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1225 (MCL 380.1225), as amended by 2006 PA 285.
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—105
Agema Glardon Lindberg Pscholka
Ananich Goike Lipton Rendon
Barnett Haines Liss Rogers
Bauer Hammel Lori Rutledge
Bledsoe Haugh Lund Santana
Bolger Haveman Lyons Schmidt, R.
Brown Heise MacGregor Schmidt, W.
Brunner Hobbs MacMaster Segal
Bumstead Hooker McBroom Shaughnessy
Byrum Horn McCann Shirkey
Callton Hovey-Wright McMillin Slavens
Cavanagh Howze Meadows Smiley
Clemente Hughes Moss Somerville
Constan Huuki Muxlow Stallworth
Cotter Irwin Nesbitt Stamas
Crawford Jackson O’Brien Stanley
Daley Jacobsen Oakes Stapleton
Damrow Jenkins Olson Switalski
Darany Johnson Olumba Talabi
Denby Kandrevas Opsommer Tlaib
Durhal Knollenberg Ouimet Townsend
Farrington Kowall Outman Tyler
Forlini Kurtz Pettalia Walsh
Foster LaFontaine Poleski Womack
Geiss Lane Potvin Yonker
Genetski LeBlanc Price Zorn
Gilbert
Nays—1
Franz
In The Chair: Walsh
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 5195, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 17a (MCL 388.1617a), as amended by 2006 PA 342.
The bill was read a second time.
Rep. Moss moved to amend the bill as follows:
1. Amend page 2, line 18, after “agreement.” by inserting:
“(4)” and renumbering the remaining subsections.
2. Amend page 2, line 19, after “DISTRICT” by inserting “FOR WHICH AN EMERGENCY MANAGER HAS BEEN APPOINTED PURSUANT TO THE LOCAL GOVERNMENT AND SCHOOL DISTRICT FISCAL ACCOUNTABILITY ACT, 2011 PA 4, MCL 141.1501 TO 141.1531, OR THAT HAS AN APPROVED DEFICIT ELIMINATION PLAN UNDER SECTION 102,”.
3. Amend page 2, line 20, after “IN” by striking out “THIS SUBSECTION” and inserting “SUBSECTION (3)”.
4. Amend page 2, line 20, after “SECTION” by striking out “1225” and inserting “1225(2)”.
5. Amend page 2, line 22, after “OF” by striking out “THE 2011 AMENDATORY ACT THAT AMENDED THIS SECTION” and inserting “THIS SUBSECTION”.
6. Amend page 3, line 6, after the second “OF” by striking out “THE 2011 AMENDATORY ACT THAT AMENDED THIS SECTION” and inserting “THIS SUBSECTION”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Durhal moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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. 5195, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 17a (MCL 388.1617a), as amended by 2006 PA 342.
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—105
Agema Glardon Lindberg Pscholka
Ananich Goike Lipton Rendon
Barnett Haines Liss Rogers
Bauer Hammel Lori Rutledge
Bledsoe Haugh Lund Santana
Bolger Haveman Lyons Schmidt, R.
Brown Heise MacGregor Schmidt, W.
Brunner Hobbs MacMaster Segal
Bumstead Hooker McBroom Shaughnessy
Byrum Horn McCann Shirkey
Callton Hovey-Wright McMillin Slavens
Cavanagh Howze Meadows Smiley
Clemente Hughes Moss Somerville
Constan Huuki Muxlow Stallworth
Cotter Irwin Nesbitt Stamas
Crawford Jackson O’Brien Stanley
Daley Jacobsen Oakes Stapleton
Damrow Jenkins Olson Switalski
Darany Johnson Olumba Talabi
Denby Kandrevas Opsommer Tlaib
Durhal Knollenberg Ouimet Townsend
Farrington Kowall Outman Tyler
Forlini Kurtz Pettalia Walsh
Foster LaFontaine Poleski Womack
Geiss Lane Potvin Yonker
Genetski LeBlanc Price Zorn
Gilbert
Nays—2
Franz Nathan
In The Chair: Walsh
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 4932, entitled
A bill to amend 1977 PA 89, entitled “State aid to public libraries act,” by amending section 6 (MCL 397.556), as amended by 2005 PA 30.
The bill was read a second time.
Rep. Womack 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. 4932, entitled
A bill to amend 1977 PA 89, entitled “State aid to public libraries act,” by amending section 6 (MCL 397.556), as amended by 2005 PA 30.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 568 Yeas—102
Ananich Gilbert Lindberg Pscholka
Barnett Glardon Lipton Rendon
Bauer Goike Liss Rogers
Bledsoe Haines Lori Rutledge
Bolger Hammel Lund Santana
Brown Haugh Lyons Schmidt, R.
Brunner Haveman MacGregor Schmidt, W.
Bumstead Heise McBroom Segal
Byrum Hobbs McCann Shaughnessy
Callton Horn McMillin Shirkey
Cavanagh Hovey-Wright Meadows Slavens
Clemente Howze Moss Smiley
Constan Hughes Muxlow Somerville
Cotter Huuki Nathan Stallworth
Crawford Irwin O’Brien Stamas
Daley Jackson Oakes Stanley
Damrow Jacobsen Olson Stapleton
Darany Jenkins Olumba Switalski
Denby Johnson Opsommer Talabi
Durhal Kandrevas Ouimet Tlaib
Farrington Knollenberg Outman Townsend
Forlini Kowall Pettalia Walsh
Foster Kurtz Poleski Womack
Franz LaFontaine Potvin Yonker
Geiss Lane Price Zorn
Genetski LeBlanc
Nays—5
Agema MacMaster Nesbitt Tyler
Hooker
In The Chair: Walsh
The House agreed to the title of the bill.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Stamas moved that when the House adjourns today it stand adjourned until Tuesday, December 13, at 10:00 a.m.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, December 8:
House Bill No. 5203
Senate Bill Nos. 871 872 873 874 875 876
The Clerk announced that the following Senate bills had been received on Thursday, December 8:
Senate Bill Nos. 563 645 723 849 855
Messages from the Senate
House Bill No. 4298, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2123 and 2124 (MCL 324.2123 and 324.2124), as added by 1995 PA 60, and by adding section 2123a.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 2123, 2124, and 2126 (MCL 324.2123, 324.2124, and 324.2126), as added by 1995 PA 60, and by adding section 2123a.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 563, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9 (MCL 211.9), as amended by 2008 PA 337.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Senate Bill No. 645, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 69.
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. 723, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 10301.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 849, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 301 and 302 (MCL 600.301 and 600.302), section 301 as amended by 1993 PA 190 and section 302 as amended by 2001 PA 117.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.
Senate Bill No. 855, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 107 and 434 (MCL 208.1107 and 208.1434), section 107 as amended by 2011 PA 209 and section 434 as amended by 2010 PA 114.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Explanation of “No” Votes
Reps. Lindberg, Lipton, Stallworth, Stapleton, Oakes, Rutledge and Hobbs, having reserved the right to explain their protest against the passage of House Bill No. 5189, made the following statement:
“Mr. Speaker and members of the House:
House Bill 5189 proposes to use leftover federal dollars to temporarily fund heating assistance. I voted no on House Bill 5189 because I consider using TANF funding for a one-time, temporary ‘fix’ inappropriate when the funding could instead be used toward offsetting cuts and eliminations that have been made to other worthwhile programs serving vulnerable families. Spending in this way is also contrary to the enacted FY 12 budget that says any available funding could be used on a few particular programs. There are better and smarter solutions to provide heating assistance, like HB 5008, which would provide a permanent solution and ensure that low-income families in need of energy assistance stay warm this winter and the winters to come.”
Rep. Hovey-Wright, having reserved the right to explain her protest against the passage of House Bill No. 5189, made the following statement:
“Mr. Speaker and members of the House:
I voted no on House Bill 5189 because it would end The Low Income and Energy Efficiency Fund (LIEEF) program.
The LIEEF program was created in 2000 under Governor Engler and administrated by the Michigan Public Service Commission. The purpose of LIEEF was to provide protection for low-income customers against utility shut-off and to help promote energy efficiency in every class of energy customers. The money in the fund is collected by certain utilities from their customers and is transmitted to the PSC. It is a process that has worked well at very low cost to residential customers. Hundreds of thousands of our most vulnerable citizens have benefitted from the program and hundreds of thousands of dollars have flowed through Michigan companies to provide efficiency upgrades and supplying jobs to Michigan residents. All efficiency programs will be lost by ending the LIEEF program.
Furthermore, House Bill 5189 would end the LIEEF program with no long term solution in place at a time when there is already a task force review under way that is supposed to propose a long term solution within months.”
Reps. Lindberg, Hovey-Wright, Lipton, Stallworth, Irwin, Stapleton, Oakes and Rutledge, having reserved the right to explain their protest against the passage of House Bill No. 5190, made the following statement:
“Mr. Speaker and members of the House:
I voted no on House Bill 5190 because it would end The Low Income and Energy Efficiency Fund (LIEEF) program.
The LIEEF program was created in 2000 under Governor Engler and administrated by the Michigan Public Service Commission. The purpose of LIEEF was to provide protection for low-income customers against utility shut-off and to help promote energy efficiency in every class of energy customers. The money in the fund is collected by certain utilities from their customers and is transmitted to the PSC. It is a process that has worked well at very low cost to residential customers. Hundreds of thousands of our most vulnerable citizens have benefitted from the program and hundreds of thousands of dollars have flowed through Michigan companies to provide efficiency upgrades and supplying jobs to Michigan residents. All efficiency programs will be lost by ending the LIEEF program.
Furthermore, House Bill 5190 would end the LIEEF program with no long term solution in place at a time when there is already a task force review under way that is supposed to propose a long term solution within months. It makes no sense to end LIEEF now without a realistic and comprehensive solution in place when such a plan could be just one heating season away.”
Introduction of Bills
Reps. Haines, Franz, Kurtz, Zorn, Jenkins, Rendon, Johnson, Hughes, Agema, Opsommer, Rogers, Haugh, Liss and Womack introduced
House Bill No. 5204, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5410.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Jackson, Womack, Switalski, Dillon and Santana introduced
House Bill No. 5205, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 167 (MCL 750.167).
The bill was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. Clemente moved that the House adjourn.
The motion prevailed, the time being 6:25 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, December 13, at 10:00 a.m.
GARY L. RANDALL
Clerk of the House of Representatives
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