No. 29
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2012
House Chamber, Lansing, Tuesday, March 20, 2012.
1:30 p.m.
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 Gilbert—present LeBlanc—present Price—present
Ananich—present Glardon—present Lindberg—present Pscholka—present
Barnett—present Goike—present Lipton—present Rendon—present
Bauer—present Graves—present Liss—present Rogers—present
Bledsoe—present Greimel—present Lori—present Rutledge—present
Bolger—present Haines—present Lund—present Santana—present
Brown—present Hammel—present Lyons—present Schmidt, R.—present
Brunner—present Haugh—present MacGregor—present Schmidt, W.—present
Bumstead—present Haveman—present MacMaster—present Segal—present
Byrum—present Heise—present McBroom—present Shaughnessy—present
Callton—present Hobbs—present McCann—present Shirkey—present
Cavanagh—present Hooker—present McMillin—present Slavens—present
Clemente—present Horn—present Meadows—present Smiley—present
Constan—present Hovey-Wright—present Moss—present Somerville—present
Cotter—present Howze—present Muxlow—present Stallworth—present
Crawford—present Hughes—present Nathan—present Stamas—present
Daley—present Huuki—present Nesbitt—present Stanley—present
Damrow—excused Irwin—present O’Brien—present Stapleton—present
Darany—present Jackson—present Oakes—present Switalski—present
Denby—present Jacobsen—present Olson—present Talabi—present
Dillon—present Jenkins—present Olumba—present Tlaib—present
Durhal—present Johnson—present Opsommer—present Townsend—present
Farrington—present Kandrevas—present Ouimet—present Tyler—present
Forlini—present Knollenberg—present Outman—present Walsh—present
Foster—present Kowall—present Pettalia—present Womack—present
Franz—present Kurtz—present Poleski—present Yonker—present
Geiss—present LaFontaine—present Potvin—present Zorn—present
Genetski—present Lane—present
e/d/s = entered during session
Rev. Jeffrey Dick, Pastor of First Congregational Church, UCC in South Haven, offered the following invocation:
“Gracious and Loving God, we give You thanks for the blessings of this day and ask for Your guidance. We are so thankful for the freedoms we enjoy in our state and our nation. We lift to You with thanks all who serve in our state government – individuals who work in all aspects and levels of the government. Guide them in their work.
Be with all of our elected officials this day, especially those here in the House of Representatives, as they gather to do the work before them. Spark inside them divine creativity to meet the needs of all the people in Michigan. Guide all of us so that disagreements and deadlocks can be settled not merely by strength in numbers, but by seeking the best way forward.
Almighty God, be present in this place. Be present in the conversations, the discussions, the debates, guiding all to seek the common good. Give us the courage of our convictions, yet keep our hearts open to new ideas and new ways.
Remind us of how blessed we are and guide us along the path of life that we may seek ways to share those blessings with others and to show love and compassion to all.
Thank You God for this opportunity to serve. We pray in Your Holy Name. Amen.”
______
Rep. Stamas moved that Rep. Damrow be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Tyler, Barnett, Brown, Constan, Darany, Hooker, Huuki, LeBlanc, Liss, MacMaster, Poleski and Slavens offered the following resolution:
House Resolution No. 216.
A resolution to declare March 18-24, 2012, as Poison Prevention Week in the state of Michigan.
Whereas, The ability to quickly and appropriately respond to emergencies resulting from poisoning and to prevent poisoning is of paramount concern to all citizens of the state of Michigan; and
Whereas, Congress designated the third full week in March to be National Poison Prevention Week in 1961 and since then this week has helped to raise national awareness of the dangers of potentially poisonous medicines, household chemicals, and other substances; and
Whereas, Each year, the nation’s poison centers answer more than 4 million calls; and
Whereas, Approximately 90 percent of poisonings occur in people’s homes; and
Whereas, Over 50 percent of poisoning exposures involve children under age 6; and
Whereas, National Poison Prevention Week has been established to encourage consumers to make their homes and offices safe, to adequately prepare for poison emergencies, and to acknowledge the importance of poison centers; and
Whereas, By calling your poison center you are accessing a dedicated staff of highly trained medical professionals who are certified specialists in poison information; and
Whereas, The Children’s Hospital of Michigan’s Poison Control Center is one of the largest and most comprehensive poison prevention and control centers in the country and assists in more than 100,000 poison cases in Michigan per year; and
Whereas, The Children’s Hospital of Michigan Poison Control Center is accredited by the American Association of Poison Control Centers and is 1 of only 52 such centers in the country; and
Whereas, The people of Michigan recognize the importance of coming together as a community to educate ourselves on poison prevention and pledge our commitment to ensuring the safety of ourselves, our families, and our community; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare March 18-24, 2012, as Poison Prevention Week in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reports of Standing Committees
The Speaker laid before the House
Senate Concurrent Resolution No. 19.
A concurrent resolution to memorialize Congress and the U.S. Department of Transportation to approve a grant for a project at the I-275 and Ford Road interchange under the Transportation Investment Generating Economic Recovery Discretionary Grant program.
(For text of concurrent resolution, see House Journal No. 92 of 2011, p. 2587.)
(The concurrent resolution was reported by the Committee on Transportation on November 30, 2011.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
The Speaker laid before the House
House Resolution No. 192.
A resolution to urge the Department of Natural Resources and the Department of Environmental Quality to increase their commitment to the preservation of shipwrecks and artifacts in the Great Lakes in a manner that keeps this work and any artifacts within Michigan.
(For text of resolution, see House Journal No. 21, p. 275.)
(The resolution was reported by the Committee on Natural Resources, Tourism, and Outdoor Recreation on March 6.)
The question being on the adoption of the resolution,
The resolution was adopted.
Third Reading of Bills
House Bill No. 5232, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2010 PA 346.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 123 Yeas—109
Agema Glardon LeBlanc Price
Ananich Goike Lindberg Pscholka
Barnett Graves Lipton Rendon
Bauer Greimel 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
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
Gilbert
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5364, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; to prescribe certain conditions for the appropriations; 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. 124 Yeas—98
Ananich Gilbert Lane Pscholka
Barnett Glardon LeBlanc Rendon
Bauer Goike Lindberg Rogers
Bledsoe Graves Lipton Rutledge
Bolger Greimel Liss Santana
Brown Haines Lori Schmidt, R.
Brunner Hammel Lyons Schmidt, W.
Bumstead Haugh MacGregor Segal
Byrum Haveman MacMaster Shaughnessy
Callton Heise McCann Shirkey
Cavanagh Hobbs Meadows Slavens
Clemente Horn Moss Smiley
Constan Hovey-Wright Muxlow Stallworth
Cotter Howze Nathan Stamas
Crawford Hughes O’Brien Stanley
Daley Irwin Oakes Stapleton
Darany Jackson Olson Switalski
Denby Jacobsen Olumba Talabi
Dillon Jenkins Ouimet Tlaib
Durhal Johnson Outman Townsend
Forlini Kandrevas Pettalia Tyler
Foster Knollenberg Poleski Walsh
Franz Kowall Potvin Womack
Geiss Kurtz Price Zorn
Genetski LaFontaine
Nays—11
Agema Huuki McMillin Somerville
Farrington Lund Nesbitt Yonker
Hooker McBroom Opsommer
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 make, supplement, and adjust appropriations for certain capital outlay projects and for certain state departments and agencies for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
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.
Senate Bill No. 992, entitled
A bill to regulate the use and enforceability of certain loan covenants in nonrecourse commercial loan transactions in this state.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 125 Yeas—97
Ananich Gilbert Lindberg Rendon
Barnett Glardon Lipton Rogers
Bauer Goike Liss Rutledge
Bledsoe Graves Lori Santana
Bolger Greimel Lund Schmidt, R.
Brown Hammel Lyons Schmidt, W.
Brunner Haugh MacGregor Segal
Bumstead Haveman MacMaster Shaughnessy
Byrum Heise McCann Shirkey
Callton Hobbs Meadows Slavens
Cavanagh Horn Muxlow Smiley
Clemente Hovey-Wright Nathan Somerville
Constan Howze Nesbitt Stallworth
Crawford Hughes O’Brien Stamas
Daley Huuki Oakes Stanley
Darany Jackson Olson Stapleton
Denby Jacobsen Olumba Talabi
Dillon Johnson Opsommer Tlaib
Durhal Kandrevas Ouimet Townsend
Farrington Knollenberg Outman Tyler
Forlini Kurtz Pettalia Walsh
Foster LaFontaine Potvin Womack
Franz Lane Price Yonker
Geiss LeBlanc Pscholka Zorn
Genetski
Nays—12
Agema Hooker Kowall Moss
Cotter Irwin McBroom Poleski
Haines Jenkins McMillin Switalski
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Hooker, 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 because this has been and should be decided in the courts. The courts asked for clarification as to what Nonrecourse meant. While I support the concept of clarification of nonrecourse, the bill contained a retroactive section which goes back and could reverse decisions by the court. An amendment was offered to try to eliminate retroactivity but was gaveled down. Hence, my no vote.”
Rep. Agema, 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:
This bill contains a retroactive clause. It should not. Good lawyers write contracts. It should not be the job of the legislature to interpret them.”
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:
Thank you for the opportunity to explain my No vote on this bill.
My reading of this bill is that it makes it more difficult to hold shareholders of entities incurring nonrecourse debt responsible when there are defaults under certain conditions. Those who may pledge personal guarantees of nonrecourse debt should take care that their project will perform so that a default is less likely.
I respectfully decline to make it more difficult to hold the shareholders of defaulting organizations responsible for their actions or inactions.
Thank you Mr. Speaker.”
Second Reading of Bills
House Bill No. 4435, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5o (MCL 28.425o), as amended by 2008 PA 407.
The bill was read a second time.
Rep. Walsh moved to substitute (H-1) the bill.
The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Walsh moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Johnson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5287, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 622 and 1223 (MCL 380.622 and 380.1223), as amended by 2009 PA 22.
The bill was read a second time.
Rep. McBroom moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5288, entitled
A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 142 (MCL 389.142), as amended by 2009 PA 179.
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.
House Bill No. 5289, entitled
A bill to amend 1943 PA 20, entitled “An act relative to the investment of funds of public corporations of the state; and to validate certain investments,” by amending section 1 (MCL 129.91), as amended by 2009 PA 21.
The bill was read a second time.
Rep. Ouimet moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 727, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 18 of chapter XVI (MCL 776.18).
The bill was read a second time.
Rep. Farrington moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 728, entitled
A bill to amend 1911 PA 41, entitled “An act authorizing prosecuting attorneys in certain cases to appoint assistant prosecuting attorneys for their respective counties, and prescribing the powers and duties of such assistants,” by amending section 1 (MCL 49.41).
The bill was read a second time.
Rep. Farrington moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4289, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; and to provide for the expenditure of the appropriations.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. LeBlanc moved to amend the bill as follows:
1. Amend page 14, following line 16, by inserting:
“(6) REVENUE SHARING
Economic vitality incentive program........................................................................................... $ (278,300)
Special economic vitality incentive program payments............................................................... 278,300
GROSS APPROPRIATION.......................................................................................................... $ 0
Appropriated from:
Special revenue funds:
Sales tax....................................................................................................................................... 0
State general fund/general purpose.............................................................................................. $ 0”
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 17, following line 1, by inserting:
“TREASURY
Sec. 601. From the funds appropriated in part 1 for special economic vitality incentive program payments, a city, village, or township which is eligible to receive grant funding under section 951(2), 2011 PA 63 and which otherwise met the requirements under section 951(3)(b), 2011 PA 63 but did so after January 1, 2012 and before March 1, 2012, shall receive two-thirds of the payment it is eligible to receive under section 951(3)(b), 2011 PA 63.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Lipton moved to amend the bill as follows:
1. Amend page 15, following line 10, by inserting:
“Sec. 204. Any unreserved general fund/general purpose fund balance at the close of fiscal year 2011-2012 shall be transferred to the state school aid fund.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Greimel moved to amend the bill as follows:
1. Amend page 12, line 18, by striking out “250,000” and inserting “1,000,000” and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 12, line 22, by striking out “250,000” and inserting “1,000,000” and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Foster moved to amend the bill as follows:
1. Amend page 16, following line 8, by inserting:
“CORRECTIONS
Sec. 351. As a condition for expending the funds authorized in part 1 for the department of corrections, the department of corrections shall continue to assign and utilize custody staff to patrol the perimeter of prison facilities using alert response vehicles at all facilities for which alert response vehicles were utilized during the fiscal year ending September 30, 2011.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Moss moved to amend the bill as follows:
1. Amend page 4, following line 16, by inserting:
“Health plan services............................................................................................................... 0”
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 4, line 27, by striking out “6,149,500” and inserting “113,049,500” and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 5, line 1, by striking out “3,152,400” and inserting “(103,747,600)” and adjusting the subtotals, totals, and section 201 accordingly.
4. Amend page 15, line 6, after “the” by striking out the balance of the line through “12.260,” on line 8 and inserting “state general fund”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Moss moved to amend the bill as follows:
1. Amend page 16, following line 17, by inserting:
“LICENSING AND REGULATORY AFFAIRS
Sec. 451. All funds appropriated in part 1 for independent living shall be used for the support of Michigan’s centers for independent living in compliance with federal rules and regulations for such centers and projects to build capacity for centers for independent living to deliver independent living services. Applications for such funds shall be reviewed in accordance with procedures established by the department of licensing and regulatory affairs. Outcomes achieved from these funds will be reported by the department of licensing and regulatory affairs on a quarterly basis. Distribution of these funds will follow the formula established by the centers for independent living through their disability network Michigan association, as contained in the approved state plan for independent living.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Foster moved to amend the bill as follows:
1. Amend page 12, by striking out all of lines 7 and 8 and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 12, line 9, by striking out “0” and inserting “200,000” and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 17, following line 1, by inserting:
“DEPARTMENT OF TRANSPORTATION
Sec. 601. The funds appropriated in part 1 for welcome center operations shall be used first to maintain a minimum of 8 hours of operation, 7 days per week, at the Mackinaw City, St. Ignace, and Sault Ste. Marie welcome centers. Any remaining funds shall be distributed equally among the remaining welcome centers across the state.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Lund moved to amend the bill as follows:
1. Amend page 8, following line 1, by inserting:
“(5) OFFICE OF FINANCIAL AND INSURANCE REGULATION
Mihealth marketplace project....................................................................................................... $ 9,850,000
GROSS APPROPRIATION.......................................................................................................... $ 9,850,000
Appropriated from:
Federal revenues:
HHS-level 1 planning grant for health care exchange................................................................. 9,850,000
State general fund/general purpose revenue................................................................................. $ 0”
and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendment offered by Rep. Lund,
Rep. Lund demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Lund,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 126 Yeas—47
Ananich Durhal LeBlanc Segal
Barnett Geiss Lindberg Slavens
Bauer Greimel Lipton Smiley
Bledsoe Hammel Liss Stallworth
Brown Haugh McCann Stanley
Brunner Hobbs Meadows Stapleton
Byrum Hovey-Wright Nathan Switalski
Cavanagh Howze Oakes Talabi
Clemente Irwin Olumba Tlaib
Constan Jackson Rutledge Townsend
Darany Kandrevas Santana Womack
Dillon Lane Schmidt, R.
Nays—62
Agema Graves 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.
Denby Huuki Muxlow Shaughnessy
Farrington Jacobsen Nesbitt Shirkey
Forlini Jenkins O’Brien Somerville
Foster Johnson Olson Stamas
Franz Knollenberg Opsommer Tyler
Genetski Kowall Ouimet Walsh
Gilbert Kurtz Outman Yonker
Glardon LaFontaine Pettalia Zorn
Goike Lori
In The Chair: Walsh
Rep. Moss 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. 4289, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; and to provide for the expenditure of the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 127 Yeas—105
Agema Gilbert LeBlanc Pscholka
Ananich Glardon Lindberg Rendon
Barnett Graves Lipton Rogers
Bauer Greimel Liss Rutledge
Bledsoe Haines Lori Santana
Bolger Hammel Lund Schmidt, R.
Brown Haugh Lyons Schmidt, W.
Brunner Haveman MacGregor Segal
Bumstead Heise MacMaster Shaughnessy
Byrum Hobbs McBroom Shirkey
Callton Hooker McCann Slavens
Cavanagh Horn Meadows Smiley
Clemente Hovey-Wright Moss Somerville
Constan Howze Nathan Stallworth
Cotter Hughes Nesbitt Stamas
Crawford Huuki O’Brien Stanley
Daley Irwin Oakes Stapleton
Darany Jacobsen Olson Switalski
Denby Jenkins Olumba Talabi
Dillon Johnson Opsommer Tlaib
Durhal Kandrevas Ouimet Townsend
Farrington Knollenberg Outman Tyler
Forlini Kowall Pettalia Walsh
Foster Kurtz Poleski Womack
Franz LaFontaine Potvin Yonker
Geiss Lane Price Zorn
Genetski
Nays—4
Goike Jackson McMillin Muxlow
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 make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, March 15, for his approval of the following bill:
Enrolled House Bill No. 4639 at 3:10 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, March 15:
Senate Bill Nos. 1020 1021 1022
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Friday, March 16:
House Bill Nos. 5473 5474 5475 5476 5477 5478 5479 5480 5481 5482 5483 5484 5485 5486
5487 5488 5489
House Joint Resolution SS
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, March 20, for his approval of the following bill:
Enrolled House Bill No. 4618 at 11:07 a.m.
The Clerk announced that the following Senate bills had been received on Tuesday, March 20:
Senate Bill Nos. 596 755 890 934
Reports of Standing Committees
The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported
House Bill No. 4684, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 504, 72101, 72102, 72110a, 72114, and 72115 (MCL 324.504, 324.72101, 324.72102, 324.72110a, 324.72114, and 324.72115), section 504 as amended by 2009 PA 47, sections 72101 and 72102 as amended and section 72110a as added by 2010 PA 46, and sections 72114 and 72115 as added by 2010 PA 45.
With the recommendation that the substitute (H-5) 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. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia, Haugh and Stapleton
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Foster, Chair, of the Committee on Natural Resources, Tourism, and Outdoor Recreation, was received and read:
Meeting held on: Tuesday, March 20, 2012
Present: Reps. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia, Haugh, Stapleton, Bledsoe and Slavens
Absent: Rep. Damrow
Excused: Rep. Damrow
The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported
Senate Bill No. 455, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 16i and 16o of chapter XVII (MCL 777.16i and 777.16o), section 16i as amended by 2010 PA 95 and section 16o as amended by 2010 PA 130.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens, Lane and Stapleton
Nays: None
The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported
Senate Bill No. 459, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 159g, 174a, and 273 (MCL 750.159g, 750.174a, and 750.273), section 159g as amended by 2010 PA 362 and section 174a as amended by 2004 PA 255.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens, Lane and Stapleton
Nays: None
The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported
Senate Bill No. 465, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2010 PA 95.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens, Lane and Stapleton
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kurtz, Chair, of the Committee on Families, Children, and Seniors, was received and read:
Meeting held on: Tuesday, March 20, 2012
Present: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens, Lane and Stapleton
The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported
House Bill No. 5446, entitled
A bill to regulate the use and enforceability of certain loan covenants in nonrecourse commercial loan transactions in this state.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Bledsoe, Haugh, Clemente and Townsend
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wayne Schmidt, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, March 20, 2012
Present: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente, Townsend and Olumba
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Horn, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Tuesday, March 20, 2012
Present: Reps. Horn, Shirkey, Opsommer, Crawford, Haveman, Kowall, Franz, Jacobsen, McBroom, Nesbitt, Outman, Price, Zorn, Roy Schmidt, Santana, Irwin, Brunner, Stallworth, Cavanagh, Smiley and Switalski
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. McMillin, Chair, of the Committee on Oversight, Reform, and Ethics, was received and read:
Meeting held on: Tuesday, March 20, 2012
Present: Reps. McMillin, Jacobsen, Denby, Price, Bledsoe and Brown
Messages from the Senate
Senate Bill No. 596, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 520d and 520e (MCL 750.520d and 750.520e), as amended by 2007 PA 163.
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. 755, entitled
A bill to amend 1966 PA 189, entitled “An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts,” by amending section 2a (MCL 780.652a), as added by 1996 PA 186.
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. 890, entitled
A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 8 (MCL 28.728), as amended by 2011 PA 18.
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. 934, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 520b, 520c, 520d, and 520e (MCL 750.520b, 750.520c, 750.520d, and 750.520e), as amended by 2007 PA 163.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Messages from the Governor
Date: March 15, 2012
Time: 4:16 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4929 (Public Act No. 53, I.E.), being
An act to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending the title and section 10 (MCL 423.210), the title as amended by 2011 PA 9.
(Filed with the Secretary of State March 16, 2012, at 3:02 p.m.)
Introduction of Bills
Reps. Tlaib, Greimel, Smiley, Olson, Muxlow, Irwin, Liss, Kandrevas, Bauer and Rutledge introduced
House Bill No. 5490, entitled
A bill to amend 2008 PA 429, entitled “Nonferrous metal regulatory act,” by amending the title and sections 1, 3, 5, and 7 (MCL 445.421, 445.423, 445.425, and 445.427).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Muxlow, Tlaib, Smiley, Olson, Liss, Kandrevas, Bauer and Brown introduced
House Bill No. 5491, entitled
A bill to amend 2008 PA 429, entitled “Nonferrous metal regulatory act,” by amending sections 11, 13, and 17 (MCL 445.431, 445.433, and 445.437) and by adding section 10; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Olson, Greimel, Tlaib, Smiley, Muxlow, Liss, Kandrevas, Bauer and Brown introduced
House Bill No. 5492, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 356 (MCL 750.356), as amended by 2008 PA 431.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Ananich, Tlaib, Stanley, Smiley, Muxlow, Liss, Kandrevas, Bauer and Rutledge introduced
House Bill No. 5493, entitled
A bill to regulate and license scrap metal dealers; to provide for the powers and duties of certain state officers and entities; and to prescribe penalties.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Ananich, Tlaib, Stanley, Smiley, Irwin, Liss, Kandrevas, Bauer and Rutledge introduced
House Bill No. 5494, entitled
A bill to amend 1917 PA 350, entitled “An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act,” by amending sections 1 and 3 (MCL 445.401 and 445.403), section 1 as amended by 2008 PA 432 and section 3 as amended by 2006 PA 675.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Brunner, Smiley, Rutledge, Ananich, Dillon, Roy Schmidt and Santana introduced
House Bill No. 5495, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1180.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Zorn, Olson and Somerville introduced
House Bill No. 5496, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1076.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. MacMaster introduced
House Bill No. 5497, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20934 (MCL 333.20934), as amended by 2000 PA 375.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. LeBlanc introduced
House Bill No. 5498, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 11b and 16m of chapter XVII (MCL 777.11b and 777.16m), section 11b as amended by 2011 PA 257 and section 16m as amended by 2005 PA 106.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Franz introduced
House Bill No. 5499, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 223, 224b, 231a, 232a, and 239a (MCL 750.223, 750.224b, 750.231a, 750.232a, and 750.239a), section 223 as amended by 1992 PA 221, sections 224b and 231a as amended by 2008 PA 196, section 232a as amended by 1990 PA 321, and section 239a as amended by 2010 PA 294; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Moss introduced
House Bill No. 5500, entitled
A bill to make appropriations for various state departments and agencies; the judicial branch, and the legislative branch for the fiscal years ending September 30, 2013; to provide anticipated appropriations for the fiscal year ending September 30, 2014; to provide a nonbinding schedule of programs; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Moss introduced
House Bill No. 5501, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 18c, 19, 20, 20d, 22a, 22b, 22d, 22f, 24, 24a, 24c, 25, 26a, 26b, 31a, 31d, 31f, 32b, 32d, 32j, 39, 39a, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 93, 94a, 98, 99, 101, 104, 107, 147, 147a, 152a, 201, 201a, 203, 206, 208, 213, 219, 222, 223, 224, 225, 226, 229, 236, 236a, 241, 242, 244, 245, 251, 252, 254, 256, 258, 263, 265, 267, 269, 270, 275, 275a, 276, 277, 278, 279, 280, 281, 282, 283, 284, 286, 289, 291 and 296 (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1618c, 388.1619, 388.1620, 388.1620d, 388.1622a, 388.1622b, 388.1622d, 388.1622f, 388.1624, 388.1624a, 388.1624c, 388.1625, 388.1626a, 388.1626b, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632d, 388.1632j, 388.1639, 388.1639a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1693, 388.1694a, 388.1698, 388.1699, 388.1701, 388.1704, 388.1707, 388.1747, 388.1747a, 388.1752a, 388.1801, 388.1801a, 388.1803, 388.1806, 388.1808, 388.1813, 388.1819, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1829, 388.1836, 388.1836a, 388.1841, 388.1842, 388.1844, 388.1845, 388.1851, 388.1852, 388.1854, 388.1856, 388.1858, 388.1863, 388.1865, 388.1867, 388.1869, 388.1870, 388.1875, 388.1875a, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1886, 388.1889, 388.1891 and 388.1896), sections 11, 11j, 11m, 22a, 22b, 26a, 31d, 31f, 51a, 51c, 53a, 62, as amended by 2011 PA 299, sections 6, 11a, 11g, 11k, 15, 18, 20, 20d, 22d, 24, 24a, 24c, 26b, 31a, 32b, 32d, 32j, 39, 39a, 51d, 54, 56, 61a, 74, 81, 93, 94a, 98, 99, 104, 107, 147, 152a, as amended and sections 22f, 147a, 201, 201a, 203, 206, 208, 213, 219, 222, 223, 224, 225, 226, 229, 236, 236a, 241, 242, 244, 245, 251, 252, 254, 256, 258, 263, 265, 267, 269, 270, 275, 275a, 276, 277, 278, 279, 280, 281, 282, 283, 284, 286, 289, 291, and 296 as added by 2011 PA 62, sections 3, 19 and 101 as amended by 2010 PA 110, section 4 as amended by 2008 PA 268, section 18c as added by 2000 PA 297, and section 25 as amended by 2011 PA 322; and by adding sections 22g, 95, 202a, 206b, 231, 236b, 237b, 265a, 294a, 298, 298a, 298b, and 298c; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Announcements by the Clerk
March 15, 2012
Received from the Auditor General a copy of the following audit report and/or report summary:
Follow-up of the performance audit of Vital Records and Health Data Statistics, Bureau of Epidemiology, Department of Community Health, March 2012.
Gary L. Randall
Clerk of the House
The Clerk received the following dissent from Reps. Bauer and Rutledge:
Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to House Bill 5232. I did not, have not, and do not support the granting of immediate effect to House Bill 5232.
The Clerk received the following dissent from Reps. Townsend, Slavens, Kandrevas, Tlaib, Meadows, Brunner, Smiley, Segal, Constan, Byrum and Hovey-Wright:
Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to House Bills 5232 and 5364. I did not, have not, and do not support the granting of immediate effect to House Bills 5232 and 5364.
The Clerk received the following dissent from Rep. Geiss:
Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to House Bills 5232 and 5364. I did not, have not, and do not support the granting of immediate effect to House Bill 5232.
The Clerk received the following dissent from Reps. Geiss and Rutledge:
Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to House Bill 5364. I did not, have not, and do not support the granting of immediate effect to House Bill 5364.
The Clerk received the following dissent from Reps. Meadows and Rutledge:
Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to House Bill 4289. I did not, have not, and do not support the granting of immediate effect to House Bill 4289.
______
Rep. Roy Schmidt moved that the House adjourn.
The motion prevailed, the time being 3:55 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, March 21, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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