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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